,,ib ,union ,calendar ,no4 #id #aagth ,,congress #ast ,session ,h4 ,r4 #ecgf ,report ,no4 #aag-acj ,,in ,,the ,,house ,,of ,,representatives ,september #bg1 #bjba,mr4 ,yarmuth1 from the ,committee on the ,budget1 reported the following bill2 which was committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 ,i ,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 within the wildland-urban interface2 7#b7 #d1jjj1jjj1jjj for1 on a determination by the ,secretary that hazardous fuels within the wildland-urban interface have been effectively treated to prevent the spread of wildfire to at-risk communities1 hazardous fuels reduction projects outside the wildland-urban interface that are-- 7,a7 noncommercial in nature1 except on a determination by the ,secretary1 in accordance with the best available science1 that the harvest of merchantable materials is ecologically necessary for restoration and to enhance ecological integrity1 subject to the requirement that the sale of merchantable materials shall be limited to small diameter trees or biomass that are a byproduct of projects under this paragraph2 7,b7 collaboratively developed2 and 7,c7 carried out in a manner that-- 7i7 enhances the ecological integrity and achieves the restoration of a forest ecosystem2 7ii7 maximizes the retention of old-growth and large trees1 as appropriate for the forest type2 and 7iii7 focuses on prescribed fire as the primary means to achieve modified wildland fire behavior1 as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type2 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 #ejj1jjj1jjj for vegetation management projects carried out in accordance with-- 7,a7 a water source management plan2 or 7,b7 a watershed protection and restoration action plan2 7#e7 #ejj1jjj1jjj for vegetation management projects that-- 7,a7 maintain1 or contribute toward the restoration of1 old growth characteristics1 including structure1 composition1 function1 and connectivity1 according to the reference old growth conditions characteristic of the forest type1 taking into account-- 7i7 the contribution of the project to landscape fire adaptation and the ecological integrity of watershed and ecosystem health2 and 7ii7 the goal of retaining the large trees contributing to old growth structure2 7,b7 focus primarily on small diameter trees and prescribed fire to modify fire behavior1 as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type2 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 with a focus on-- 7,a7 the assessment of watershed1 ecological1 and carbon conditions on ,national ,forest ,system land2 and 7,b7 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 focus 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 focus 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 et seq47 through-- 7,a7 the hiring and training of additional personnel2 7,b7 the development of programmatic assessments or templates2 7,c7 the procurement of technical or scientific services2 7,d7 the development of data or technology systems2 7,e7 stakeholder and community engagement2 and 7,f7 the purchase of new equipment2 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 land in implementing ,forest ,service hazardous fuels reduction and other vegetation management programs and projects based on a science-based analysis carried out by the ,secretary2 7#ac7 #ej1jjj1jjj to carry out post-fire recovery plans that-- 7,a7 emphasize the use of locally adapted native plant materials to restore the ecological integrity of disturbed areas2 and 7,b7 do not include salvage logging2 7#ad7 #ej1jjj1jjj to develop and carry out nonlethal activities and tactics to reduce human-wildlife conflicts on ,national ,forest ,system land2 and 7#ae7 #b1bej1jjj1jjj to be used for staffing1 salaries1 and other workforce needs to support the development of a ,civilian ,climate ,corps for the purposes of managing ,national ,forest ,system land1 subject to the conditions that-- 7,a7 the amounts made available under this paragraph shall be in addition to any amounts required for salaries and expenses needed to carry out projects under this subsection2 and 7,b7 members of the ,civilian ,climate ,corps shall be compensated at not less than #bjj percent of the annual ,federal poverty line4 7b7 ,priority for funding ,the ,secretary shall prioritize for implementation under this section projects described in paragraphs 7#a7 through 7#e7 of subsection 7a7-- 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 et seq47 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 outcomes1 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 interests2 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-- 7,a7 the removal of vegetation2 7,b7 the use of prescribed fire2 7,c7 the restoration of aquatic habitat2 or 7,d7 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-- 7,a7 in the case of the lower #dh ,states1 means the areas mapped as the wildland-urban interface in the document entitled ,the ,wildland-,urban ,interface of the ,conterminous ,united ,states1 and published by the ,department of ,agriculture in #bjae2 and 7,b7 in the case of the ,states of ,alaska and ,hawaii1 has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 #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 #i1jjj1jjj1jjj to award grants to a ,tribal1 ,state1 or local government1 a regional organization1 a special district1 or a nonprofit organization 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 communities2 7#b7 #a1jjj1jjj1jjj to award grants to a ,tribal1 ,state1 or local government1 a regional organization1 a special district1 or a nonprofit organization to implement community wildfire protection plans 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa771 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 a ,tribal1 ,state1 or local government1 a regional organization1 a special district1 or a nonprofit organization for projects on non-,federal land to aid in the recovery and rehabilitation of burned areas1 including reforestation2 7#d7 #bej1jjj1jjj to award grants to a ,tribal1 ,state1 or local government1 a regional organization1 a special district1 or a nonprofit organization for projects on non-,federal land to expand equitable outdoor access and promote tourism on non-,federal forested land for members of underserved groups2 7#e7 #bej1jjj1jjj for the ,state ,fire ,assistance and ,volunteer ,fire ,assistance programs established under the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baja et seq471 to be distributed at the discretion of the ,secretary2 7#f7 #bej1jjj1jjj 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 to carry out the healthy forests reserve program established under section #eja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fega72 7#ab7 #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 collaborative partnerships with the ,national ,association of ,university ,forest ,resources ,programs2 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 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#ad7 #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#ae7 #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#af7 #a1jjj1jjj1jjj 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-- 7,a7 the amount of such a grant shall be not more than #e1jjj1jjj2 7,b7 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 7,c7 a priority shall be placed on projects that create a financial model for addressing forest restoration needs on public or private forest land2 7#ag7 #ej1jjj1jjj for the research mission area of the ,forest ,service to accelerate and expand existing research efforts relating to strategies to increase carbon stocks on ,national ,forest ,system land2 7#ah7 #ej1jjj1jjj for the research mission area of the ,forest ,service to accelerate and expand existing research efforts relating to the impacts of climate change and weather variability on national forest ecosystems2 7#ai7 #ej1jjj1jjj for the research mission area of the ,forest ,service to accelerate and expand existing research efforts relating to strategies to ensure that national forest ecosystems1 including forests1 plants1 aquatic ecosystems1 and wildlife1 are able to adapt to climate change and weather variability2 7#bj7 #ej1jjj1jjj for the research mission area of the ,forest ,service to assess the quantity of carbon sequestration and storage accomplished by different forest practices when applied in diverse ecological and geographic settings2 7#ba7 #ej1jjj1jjj for the research mission area of the ,forest ,service to carry out greenhouse gas life cycle analyses of domestic wood products2 7#bb7 #ej1jjj1jjj for the ,forest ,health ,monitoring ,program of the ,forest ,service for activities and tactics to reduce the spread of invasive species on non-,federal forested land2 and 7#bc7 #b1bej1jjj1jjj to be used for staffing1 salaries1 and other workforce needs and expenses to support the development of a ,civilian ,climate ,corps for carrying out projects on non-,federal land through the ,forest ,service ,state and private forestry mission area and other ,department of ,agriculture programs1 including rural and urban conservation and tree planting projects1 subject to the conditions that-- 7,a7 the amounts made available under this paragraph shall be in addition to any amounts required for salaries and expenses needed to carry out projects under this subsection2 and 7,b7 members of the ,civilian ,climate ,corps shall be compensated at not less than #bjj percent of the annual ,federal poverty line4 7b7 ,submission of non-,federal restoration areas by ,states 7#a7 ,in general ,the ,governor of a ,state may submit to the ,secretary1 in writing1 a request to include with land on which a project is carried out using amounts made available by this section certain non-,federal land in the ,state4 7#b7 ,inclusions ,a written request submitted under paragraph 7#a7 may include #a or more maps or recommendations4 7#c7 ,authorization ,on approval of a written request submitted under paragraph 7#a71 a project may be carried out using amounts made available by this section on the non-,federal land in the ,state that is the subject of the request4 7c7 ,cost-sharing requirement 7#a7 ,in general ,the grants made available under paragraphs 7#a7 through 7#e7 of subsection 7a7 shall be subject to a non-,federal match requirement of not less than #bj percent of the overall project cost4 7#b7 ,waiver ,the cost-sharing requirement under paragraph 7#a7 may be waived1 at the discretion of the ,secretary1 for high priority projects that-- 7,a7 have the purpose of protecting human life or critical infrastructure2 and 7,b7 are located in counties where the average median household income of the population is less than #aej percent of the poverty line4 #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 eligible entities 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 land that-- 7,a7 offer significant natural carbon sequestration benefits2 or 7,b7 contribute to the resilience of community infrastructure1 local economies1 or natural systems2 7#b7 #c1jjj1jjj1jjj to provide multi-year1 programmatic1 competitive grants to a ,state agency1 a local governmental entity1 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 community tree canopy and associated societal and climate co-benefits1 with a priority for projects that increase tree equity2 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 ,priority ,in providing grants under this section1 the ,secretary shall-- 7#a7 with respect to grants under subsection 7a77#b71 give priority to projects that are located in-- 7,a7 a census block group in which #cj percent or more of the population lives below the poverty line2 and 7,b7 a neighborhood with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding neighborhoods1 as determined by the ,secretary1 based on publicly available information2 7#b7 with respect to grants under paragraphs 7#a7 and 7#b7 of subsection 7a71 give priority to grant applications from underserved populations2 and 7#c7 set aside not less than #aj percent of the amounts made available under each of paragraphs 7#a7 and 7#b7 of subsection 7a7 to provide grants under each of those paragraphs to individuals who are members of underserved populations4 #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 and 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 and 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this subtitle4 ,c ,rural development and energy #abjja4 ,additional support for the ,,usda ,business and ,industry ,loan ,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 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 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the cost of direct loans and loan guarantees for the rural business development programs authorized under section #caj;,b of the ,consolidated ,farm and ,rural ,development ,act and described in subsections 7a7 and 7g7 of section #caj;,b of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicb7;a7 and 7g774 #abjjb4 ,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 #dcj1jjj1jjj1 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-- 7#a7 persistent poverty counties or1 notwithstanding any population limits specified in 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 percent2 and 7#b7 insular areas4 #abjjc4 ,subsidy for certain ,,usda rural development loan payments 7a7 ,appropriation ,in addition to the amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cij1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this section4 7b7 ,use of funds 7#a7 ,payment ,the ,secretary shall make a payment to the lender on a covered loan equal to half of the total of the installment amounts owed by the borrower on the loan for #a year1 if the borrower has the opportunity to opt out of the payment4 7#b7 ,additional payments ,to the extent that amounts made available by subsection 7a7 remain after making the payments under paragraph 7#a71 the ,secretary shall make additional loan payments on a covered loan4 7c7 ,terms and conditions 7#a7 ,waiver ,the ,secretary shall waive statutory limits on maximum loan maturities for any covered loan durations1 including those where the lender provides a deferral and extends the maturity of a covered loan during the #a-year period beginning with the date of enactment of this ,act4 7#b7 ,extension ,the ,secretary shall1 when necessary to provide more time because of the potential of higher volumes1 travel restrictions1 and the inability to access some properties during the ,,covid-#ai pandemic1 extend lender site visit requirements to-- 7,a7 not more than #fj days 7which may be extended at the discretion of the ,secretary7 after the occurrence of an adverse event1 other than a payment default1 that causes a loan to be classified as in liquidation2 and 7,b7 not more than #ij days after a payment default4 7d7 ,definition ,in this section1 the term covered loan means-- 7#a7 a business and industry loan made or guaranteed before ,january #a1 #bjba1 under subsection 7a7 or 7g7 of section #caj;,b of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicb7;a7 or 7g772 7#b7 a loan that is made by an intermediary lender before ,january #a1 #bjba1 to an ultimate recipient using a loan received under section #acbc of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #aicb note2 ,public ,law #ii-aih7 or section #caj;,h of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicf;b72 and 7#c7 a loan that is made by a microenterprise development organization before ,january #a1 #bjba1 to a microentrepreneur under section #cgi;,e of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjhs74 #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 this section4 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 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 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 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity has the meaning given the term in section #fdjg7;b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a7b774 7#b7 ,qualified consumer ,the term qualified consumer has the meaning given the term in section #fdjg7;b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a7b774 #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 the ,rural ,energy for ,america ,program established under section #ijjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7-- 7#a7 #haa1gej1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 and for which there may be no outlays after ,september #cj1 #bjca2 and 7#b7 #bgb1jjj1jjj for each of fiscal years #bjbc through #bjbg1 to remain available until ,september #cj1 #bjca1 and for which there may be no outlays after ,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 other financial assistance under the program described in subsection 7a7 relating to underutilized renewable energy technologies1 and to provide technical assistance for applying to such program1 as determined by the ,secretary1 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-- 7#a7 #adc1bej1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 and for which there may be no outlays after ,september #cj1 #bjca2 and 7#b7 #dh1jjj1jjj for each of fiscal years #bjbc through #bjbg1 to remain available until ,september #cj1 #bjca1 and for which there may be no outlays after ,september #cj1 #bjca4 7c7 ,non-federal share ,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 provided using amounts made available by this section shall not exceed #ej percent of the cost of the activity carried out using the grant funds4 #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 on a competitive basis1 to eligible entities described in subsection 7c7-- 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 to ensure the environmentally safe availability of fuel containing ethanol blends at levels greater than #aj percent 7as determined by the ,secretary7 or fuel containing biodiesel blends at levels greater than #bj percent 7as determined by the ,secretary72 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 ,eligible entities ,entities eligible to receive a grant under this section are transportation fueling facilities and distribution facilities1 including fueling stations1 convenience stores1 hypermarket retailer fueling stations1 fleet facilities1 as well as fuel terminal operations1 midstream partners1 and heating oil distribution facilities or equivalent entities4 7d7 ,federal share ,the ,federal share of the total cost of carrying out a project for which a grant is provided under this section shall be not more than #ge percent4 7e7 ,limitation ,the ,secretary may not limit the amount of funding an eligible entity may receive under this section4 #abjjg4 ,clean energy repowering for rural utilities 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 to provide to an eligible entity assistance under paragraphs 7#a7 and 7#b7 by prioritizing such assistance to eligible entities that will achieve the greatest reduction in greenhouse gas emissions using such assistance and that will otherwise aid disadvantaged communities 7as determined by the ,secretary7 when-- 7#a7 making grants and loans 7including the cost of loans and modifications thereof as defined in section #ejb of the ,congressional ,budget ,act of #aigd7 to purchase renewable energy or renewable energy systems 7as defined in section #ijja7ae7 and 7#af7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haja7ae7 and 7#af7771 deploy renewable energy 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 with high greenhouse gas emissions2 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 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 an electric cooperative described in section #eja7;c77#ab7 or #acha7;a77#b7 of the ,internal ,revenue ,code of #aihf2 and 7#b7 an entity primarily owned or controlled by #a or more entities described in paragraph 7#a74 #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 #c1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this subsection to provide grants to support rural development under this subsection4 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 ,indian ,tribes1 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 ,indian ,tribes1 with higher amounts provided based on lower populations and lower income levels1 as determined by the ,secretary4 7ii7 ,priority ,in awarding grants under this subsection to eligible applicants in each ,state and eligible applicants of ,indian ,tribes1 the ,secretary shall give priority to eligible applicants representing a micropolitan statistical area 7as defined by the ,office of ,management and ,budget7 and #a or more rural areas contiguous to that micropolitan statistical area4 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-- 7i7 entities representing a region composed of #a or more rural areas1 including-- 7,i7 except as provided in subparagraph 7,b71 #a or more of-- 7aa7 a unit of local government2 7bb7 a ,tribal government2 or 7cc7 an authority1 agency1 or instrumentality of an entity described in item 7aa7 or 7bb72 and 7,,ii7 a nonprofit or for-profit organization1 including a public benefit corporation1 an economic development organization1 a community or labor organization1 an institution of higher education1 a community development financial institution1 a philanthropic organization1 an instrumentality of a ,state agency relevant to community and rural development1 a cooperative extension1 an institution in the ,farm ,credit ,system1 and a local food policy council2 and 7ii7 such other entities as the ,secretary or the partnership may determine to be appropriate2 7,b7 does not include a member described in subparagraph 7,a77i77,i71 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 comprehensive1 asset-based rural development to align ,federal1 ,state1 regional1 and ,tribal investment1 while leveraging nongovernmental resources1 to build economic resilience and aid 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 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 ,terms and conditions 7,a7 ,in general ,the recipient of a grant under this subsection may not receive an additional grant under this subsection or funding to implement activities pursuant to a rural development plan unless the recipient provides to the ,secretary an annual plan and report1 which the ,secretary has approved1 on the use of each grant provided to the recipient under this subsection4 7,b7 ,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 requirement of any other program4 7#f7 ,matching requirement 7,a7 ,in general ,subject to subparagraph 7,b71 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 contribution4 7,b7 ,waiver ,the ,secretary may waive any portion of the matching requirement described in subparagraph 7,a7 on a finding that the recipient of the applicable grant is economically distressed4 7b7 ,rural prosperity innovation 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 #cgj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this subsection4 7#b7 ,eligible applicants ,the ,secretary may make a grant under this subsection to an entity that has not received a grant under subsection 7a7 and that-- 7,a7 serves rural areas2 and 7,b7 is a qualified nonprofit corporation or an institution of higher education4 7#c7 ,eligible activities ,a grant provided under this subsection may be used-- 7,a7 to support activities of the recipient relating to-- 7i7 development and predevelopment planning aspects of rural development2 and 7ii7 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 7#d7 ,matching requirement ,the recipient of a grant under this subsection shall contribute a non-,federal match of #bj percent of the amount of the grant4 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 means-- 7,a7 the #ej ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 and 7,c7 the insular areas4 #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 #ede1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for administrative costs and salaries and expenses for the ,rural ,development mission area and for research1 data collection1 and other associated costs for section #abjjh4 ,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 ,agricultural ,research ,service1 #bej1jjj1jjj for fiscal year #bjbb1 to carry out agricultural research relating to climate change1 including through climate hubs1 long-term agroecosystem research1 nutrient uses and outcomes1 soil carbon data collection1 and other related agricultural climate science2 7#b7 to the ,economic ,research ,service1 #de1jjj1jjj for fiscal year #bjbb1 to carry out economic analysis and economic agricultural research relating to climate change2 7#c7 to the ,office of the ,chief ,economist1 #c1bjj1jjj for each of fiscal years #bjbb through #bjbf1 to carry out economic analysis and economic agricultural research relating to climate change and environmental services markets2 7#d7 to the ,national ,agricultural ,statistics ,service-- 7,a7 #dj1jjj1jjj for fiscal year #bjbb1 to carry out data collection and agricultural research relating to climate change2 and 7,b7 #ad1jjj1jjj for fiscal year #bjbb1 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 #bjbb2 7#e7 to the ,national ,institute of ,food and ,agriculture-- 7,a7 to carry out 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;b77-- 7,i7 #be1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,,ii7 #aej1jjj1jjj for each of fiscal years #bjbd through #bjbf2 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 #ehcb7-- 7,i7 #be1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,,ii7 #aej1jjj1jjj for each of fiscal years #bjbd through #bjbf2 7iii7 through the crop protection pest management competitive grant program authorized under section #djf of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfbf71 #cj1jjj1jjj for fiscal year #bjbb2 7iv7 through the ,agricultural ,genome to ,phenome ,initiative established under section #afga of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibd71 #bj1jjj1jjj for fiscal year #bjbb2 7v7 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;b7-- 7,i7 #ae1jjj1jjj for fiscal year #bjbb2 7,,ii7 #e1jjj1jjj for fiscal year #bjbc2 and 7,,iii7 #fj1jjj1jjj for each of fiscal years #bjbd through #bjbf2 7vi7 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 #fe1jjj1jjj for fiscal year #bjbb2 7vii7 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 #ae1jjj1jjj for fiscal year #bjbb2 7viii7 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 #gfcb7-- 7,i7 #aj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,,ii7 #fj1jjj1jjj for each of fiscal years #bjbd through #bjbf2 7ix7 through the cooperative extension under the ,smith-,lever ,act 7#g ,u4,s4,c4 #cda et seq47 for technical assistance1 technology adoption1 and other extension activities relating to climate change-- 7,i7 #fj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,,ii7 #afj1jjj1jjj for each of fiscal years #bjbd through #bjbf2 7x7 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 #h1jjj1jjj for each of fiscal years #bjbb through #bjbf2 and 7xi7 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 #be1bjj1jjj for each of fiscal years #bjbb through #bjbf2 7,b7 #b1ffd1ejj1jjj for fiscal year #bjbb1 for grants 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 subject to the condition that1 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 #ihe1ejj1jjj for fiscal year #bjbb1 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 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,d7 #ajj1jjj1jjj for fiscal year #bjbb1 for research equipment grants under section #adfb;,a of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccaj;a72 7,e7 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;a7-- 7i7 #aj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 7ii7 #ej1jjj1jjj for each of fiscal years #bjbd and #bjbe2 and 7iii7 #gj1jjj1jjj for fiscal year #bjbf2 7,f7 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 for grants to land-grant colleges and universities to support ,tribal students under section #adej of that ,act 7#g ,u4,s4,c4 #cbbb;e7 and for purposes of this subparagraph1 section #adej7;b77#d7 of such ,act shall not apply2 and 7,g7 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 for the ,higher ,education ,multicultural ,scholars ,program carried out pursuant to section #adag of that ,act 7#g ,u4,s4,c4 #caeb72 7#f7 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 under section #adgc;,h of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccaik7-- 7,a7 #aj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,b7 #abj1jjj1jjj for each of fiscal years #bjbd through #bjbf2 7#g7 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 that section1 and subject to the condition that the ,foundation shall not secure funds from any institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 to fulfill the matching funds requirement under section #gfja7;g77#a77;,b77i7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #eici7;g77#a77;,b77i77-- 7,a7 #de1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,b7 #aej1jjj1jjj for each of fiscal years #bjbd through #bjbf2 7#h7 for biomass research1 #e1jjj1jjj for fiscal year #bjbb1 to carry out agriculture climate research on biomass1 including pyrolysis and biochar1 and related activities in accordance with section #ijjh of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajh72 and 7#i7 to the ,office of ,urban ,agriculture and ,innovative ,production1 #fb1jjj1jjj for each of fiscal years #bjbb and #bjbc1 to carry out activities in accordance with section #bbb of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fibc74 7b7 ,covered institution defined ,in this section1 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 et seq474 #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 and 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 and 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 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 ,,ii ,committee on ,education and ,labor ,a ,education ,matters #a ,elementary and ,secondary ,education #bjjja4 ,rebuild ,america's schools grant program 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education-- 7#a7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1bgj1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 for carrying out this section2 and 7#b7 for each of fiscal years #bjbc through #bjbd1 out of any money in the ,treasury not otherwise appropriated1 #ci1fdc1fej1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out this section4 7b7 ,rebuild ,america's schools grants authorized ,from funds provided under paragraphs 7#a7 and 7#b7 of subsection 7a71 the ,secretary shall award grants in fiscal years #bjbb through #bjbd to ,state educational agencies in accordance with subsection 7c74 7c7 ,rebuild ,america's schools grants 7#a7 ,eligibility ,a ,state educational agency is eligible for an allocation under this section-- 7,a7 with respect to fiscal year #bjbb1 for the purpose of public school facilities inventory efforts in accordance with paragraph 7#c77;,a72 and 7,b7 with respect to fiscal years #bjbc and #bjbd1 if such ,state educational agency has had approved by the ,secretary a ,state facilities plan developed under paragraph 7#c77;,a77ii77,i71 for the purpose of improving public school facilities in accordance with paragraph 7#c77;,b74 7#b7 ,allocations to ,states ,the amount allocated to each ,state educational agency under paragraph 7#a7 shall be in the same proportion as the amounts distributed to the ,state under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7 in the most recent fiscal year1 relative to the total amount received under such part by all other ,states receiving an allocation under this section in such fiscal year4 7#c7 ,state uses of funds ,a ,state educational agency that receives an allocation under paragraph 7#a7-- 7,a7 with respect to fiscal year #bjbb1 shall use-- 7i7 not less than #hj percent of such allocation to award subgrants to local educational agencies 7including public charter schools that are local educational agencies7 in the ,state1 in proportion to the amount of funds such local educational agencies and charter schools received under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7 in the most recent fiscal year1 to support each such local educational agency in-- 7,i7 the development and publication of a local facilities master plan to address the health1 safety1 education equity1 enrollment diversity1 environmental sustainability1 and climate resiliency of the public school facilities operated by such agency2 and 7,,ii7 the collection and submission of data to the ,state educational agency to support implementation of the ,state school facilities database2 and 7ii7 not more than #bj percent of such allocation to-- 7,i7 develop a ,state facilities plan that details-- 7aa7 how the ,state will use grant funds received under this section and ,state funds to make improvements to public school facilities of eligible local educational agencies to address disparities in both the financing and expenditures of school facilities capital outlay projects and in the conditions of public school facilities between eligible local educational agencies and other local educational agencies in the ,state2 7bb7 how the ,state will develop a competitive process to provide subgrants to eligible local educational agencies1 including the ,state's criteria for subgrant eligibility2 and 7cc7 how the ,state will1 in carrying out the competitive process for subgrants described in item 7bb71 take into consideration the impact that such subgrants may have on increasing student diversity and decreasing racial and socioeconomic isolation of students attending public elementary or secondary schools improved by such subgrants2 7,,ii7 develop and operate 7directly or through grants or contracts7 the ,state school facilities database2 and 7,,iii7 provide technical assistance to local educational agencies in carrying out activities described in clause 7i7 and supports related to the requirements of paragraph 7#d7 for eligible local educational agencies2 and 7,b7 with respect to each of fiscal years #bjbc and #bjbd1 shall-- 7i7 use not less than #ij percent of such allocation to award subgrants on a competitive basis to eligible local educational agencies with approved applications described in paragraph 7#d77;,a72 and 7ii7 use not more than #aj percent of such allocation to-- 7,i7 maintain and update 7directly or through grants or contracts7 the ,state school facilities database2 7,,ii7 provide technical assistance to eligible local educational agencies in the ,state in carrying out school facilities capital outlay projects1 including technical assistance regarding capital construction1 energy efficiency1 and climate resiliency2 7,,iii7 develop and implement ,state-level strategies for safe1 healthy1 energy efficient1 and environmentally resilient public school facilities that address-- 7aa7 indoor air quality2 7bb7 water quality2 7cc7 energy and water efficiency2 7dd7 renewable energy and decarbonization2 7ee7 exposure to toxic substances1 including mercury1 radon1 polychlorinated biphenyls1 lead1 vapor intrusions1 and asbestos2 7ff7 climate resiliency2 7gg7 emergency preparedness for natural or man-made disasters or emergencies2 and 7hh7 structural hazards created by pyrrhotite1 as determined by an engineer's report and pyrrhotite testing2 7,,iv7 provide professional development opportunities for ,state and local staff involved in maintenance and operations and school facilities capital outlay projects2 and 7,v7 administer and monitor the implementation of subgrants provided under clause 7i74 7#d7 ,rebuild ,america's schools subgrants to eligible local educational agencies 7,a7 ,application ,the ,state educational agency shall require an eligible local educational agency desiring a subgrant under paragraph 7#c77;,b77i7 to submit an application to the ,state educational agency that1 at a minimum1 includes-- 7i7 a certification that the eligible local educational agency shall use subgrant funds for school facilities capital outlay projects that prioritize the improvement of the public school facilities of such agency that serve the highest numbers or percentages of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea71 under a method established by the ,secretary2 and 7ii7 such agency's facilities master plan4 7,b7 ,rebuild ,america's schools subgrant use of funds ,an eligible local educational agency that receives a subgrant under paragraph 7#c77;,b77i7 shall use such funds to carry out school facilities capital outlay projects1 including #a or more of the following3 7i7 ,assessing1 planning1 designing1 constructing1 modernizing1 retrofitting1 or decarbonizing public school facilities4 7ii7 ,carrying out major repairs of public school facilities1 including repairs to extend the life of facilities systems and components by not less than #aj years4 7iii7 ,upgrading or replacing major facilities systems1 components1 furniture1 fixtures1 and equipment with a life of not less than #aj years4 7iv7 ,constructing new public school facilities1 including when student enrollment exceeds the physical and instructional capacity of public school facilities4 7v7 ,purchasing and preparing sites on which public school facilities will be constructed4 7vi7 ,improving energy and water efficiency in public school facilities1 including improvements related to clean energy4 7vii7 ,reducing or eliminating the presence of health and safety hazards in public school facilities1 including-- 7,i7 toxic substances1 including mercury1 radon1 polychlorinated biphenyls1 lead1 and asbestos2 7,,ii7 mold or mildew2 7,,iii7 rodents and pests2 and 7,,iv7 structural hazards created by pyrrhotite4 7viii7 ,improving instructional or outdoor public school facilities relating to early learning1 special education1 science1 technology1 career and technical education1 physical education1 the arts1 literacy 7including library programs71 or community-based partnerships4 7ix7 ,improving the public school facilities of magnet schools1 or other instructional programs1 designed to increase student diversity and decrease racial or socioeconomic isolation4 7x7 ,supporting independent commissioning and certification of public school facilities1 public school facility systems1 and school facilities capital outlay projects4 7d7 ,conditions 7#a7 ,state matching requirement 7,a7 ,in general ,as a condition of receiving an allocation under subsection 7c77#a77;,b71 a ,state shall contribute1 from non-,federal sources1 an amount equal to #aj percent of the amount of the allocation received under such subsection to carry out activities supported by such allocation4 7,b7 ,exemption ,states that contributed an average of #aj percent or greater toward total local educational agency capital outlay from non-,federal funds1 within the most recent #e-year fiscal period1 are exempt from the ,state matching requirement under subparagraph 7,a74 7#b7 ,state maintenance of effort 7,a7 ,in general ,the ,state shall provide an assurance to the ,secretary that for each fiscal year that the ,state receives an allocation under this section1 the ,state's share of school facilities capital outlay will be not less than #ij percent of the average of the ,state's share of school facilities capital outlay for the #e years preceding the #bjbj fiscal year4 7,b7 ,waiver ,notwithstanding subparagraph 7,a71 in response to a request from a ,state1 the ,secretary may modify or waive1 in whole or in part1 the requirement of subparagraph 7,a7 if the ,secretary determines that such ,state demonstrates an exceptional or uncontrollable circumstance1 such as a natural disaster1 pandemic1 or precipitous decline in revenue4 7#c7 ,supplement not supplant ,as a condition of receiving an allocation under subsection 7c77#a77;,b71 a ,state shall use funds received under this section only to supplement the level of ,state and local public funds that would1 in the absence of the receipt of ,federal funds under this section1 be made available for the ,state's contribution to school facilities capital outlays1 and not to supplant those other funds4 7e7 ,definitions 7#a7 ,,esea terms ,the terms elementary school1 local educational agency1 secondary school1 and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,eligible local educational agency ,the term eligible local educational agency means a local educational agency 7including a public charter school that is a local educational agency under ,state law7 in a ,state that-- 7,a7 is identified by the ,state based on the criteria established under the ,state facilities plan as among the local educational agencies in such ,state with-- 7i7 the highest numbers or percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 or 7ii7 the most limited capacity to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of factors determined by the ,secretary2 7,b7 certifies that any funds received under this section shall be used to prioritize the improvement of public school facilities of public elementary or secondary schools that serve the highest percentages of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea71 under a method established by the ,secretary2 and 7,c7 certifies that any public school facilities improved by funds received under this section are-- 7i7 operated and managed by a public agency or a non-profit private entity2 and 7ii7 7,i7 owned or leased from a public agency2 or 7,,ii7 owned or leased from a private entity1 except that no individual associated with such private entity may have a financial interest or management role in the local educational agency4 7#c7 ,local facilities master plan ,the term local facilities master plan means a plan of a local educational agency developed under subsection 7c77#c77;,a77i77,i7 by the local educational agency1 in consultation with local stakeholders1 which includes an assessment of such agency's public school facilities1 financing of school capital project outlays1 and student enrollment levels1 and other factors determined by the ,secretary4 7#d7 ,operations and maintenance of school facilities ,the term operations and maintenance of school facilities means the labor1 contracts1 and supplies and materials supported by a local educational agency's annual operating budget related to-- 7,a7 cleaning1 groundskeeping1 and preventive and routine maintenance of public school facilities and grounds2 7,b7 minor repairs and operations of building systems and equipment for public school facilities2 and 7,c7 payments for utilities for public school facilities4 7#e7 ,public school facility ,the term public school facility means a school facility operated by a local educational agency that is primarily used to educate students1 including outdoor facilities and grounds1 but does not include-- 7,a7 a facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public2 7,b7 a vehicle2 or 7,c7 a district central office1 operation center1 or other school facility if it is not primarily used to educate students4 7#f7 ,school facilities capital outlay project ,the term school facilities capital outlay project means the assessment1 planning1 design1 construction1 renovation1 repair1 management1 and financing of a public school facility project with a life expectancy of at least #aj years1 but does not include operations and maintenance of school facilities4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#h7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#i7 ,state's contribution to school facilities capital outlays ,the term ,state's contribution to school facilities capital outlays means the total amount of ,state appropriations on elementary and secondary education capital expenditures in the ,state1 including-- 7,a7 ,state aid reimbursements for school facilities capital outlay projects2 7,b7 ,state payment of debt service for school facilities capital outlay projects2 7,c7 direct payment of school facilities capital outlay projects2 and 7,d7 grants or facilities allowances to charter schools for facilities capital projects4 7#aj7 ,state facilities plan ,the term ,state facilities plan means a ,state's plan developed by the ,state educational agency1 in accordance with subsection 7c77#c77;,a77ii77,i7 and including plan elements determined by the ,secretary1 for the purpose of being eligible for an allocation described in subsection 7c77#a77;,b74 7#aa7 ,state school facilities database ,the term ,state school facilities database means an electronic1 publicly available database maintained by the ,state educational agency that contains an inventory of the infrastructure of all public school facilities in the ,state1 including the data elements determined by the ,secretary4 #bjjjb4 ,outlying areas ,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 #daj1ijj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,secretary of ,education to allocate to each outlying area 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 an amount in proportion to the amount received by the outlying area under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7 in the most recent fiscal year relative to the total amount received under such part for such fiscal year by all outlying areas1 to carry out the activities described in section #bjjja7;c7 in the outlying areas4 #bjjjc4 ,impact aid construction grants ,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 #daj1ijj1jjj1 to remain available until ,september #cj1 #bjbf1 for making payments to local educational agencies in accordance with the same terms and conditions as the terms and conditions of section #gjjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjg71 except that-- 7#a7 subsection 7a77#b77;,a7 of such section shall be applied by substituting #bj percent for #ej percent2 7#b7 subsection 7a77#b77;,b7 of such section shall be applied by substituting #bj percent for #ej percent2 and 7#c7 clauses 7i7 and 7vi7 of subsection 7b77#e77;,a7 of such section shall not apply to funds provided or received under this section4 #bjjjd4 ,bureau of ,indian ,education ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #cfi1haj1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary expenses related to construction1 repair1 improvement1 and maintenance of buildings1 utilities1 and other facilities necessary for the operation of ,indian education programs1 including architectural and engineering services by contract1 acquisition of lands1 and interests in lands1 of which no more than #c percent shall be used for administrative costs to carry out this section2 and 7#b7 #da1jij1jjj1 to remain available until ,september #cj1 #bjbf1 for digital infrastructure to improve access to high-speed broadband sufficient for digital learning and related digital infrastructure activities or programs operated or funded by the ,bureau of ,indian ,education1 for ,bureau-funded schools 7as defined in section #aada7c7 of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba7c7774 #bjjje4 ,gallaudet ,university ,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 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,kendall ,demonstration ,elementary ,school and the ,model ,secondary ,school for the ,deaf at ,gallaudet ,university for construction1 as defined in section #bja7b7 of the ,education of the ,deaf ,act of #aihf 7#bj ,u4,s4,c4 #dcea7b774 #bjjjf4 ,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 #aig1jjj1jjj1 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 #aife 7#bj ,u4,s4,c4 #ajbb;a7g774 7b7 ,in general ,section #bjb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajbb;a7 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 career-focused courses on education topics with a year-long school-based clinical experience in which candidates teach or lead alongside an expert mentor teacher or school leader who is the teacher or school leader of record in the same local educational agencies in which the candidates expect to 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 programs and to access and complete ,state licensure exams2 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 7,g7 evaluate the effectiveness of the program1 including1 at a minimum1 using the data required under section #bjd7;a77#a72 7,h7 require candidates to complete all ,state requirements to become fully certified2 and 7,i7 provide stipends for candidates to engage in school-based clinical placements4 4 #bjjjg4 ,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 #aih1jjj1jjj1 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 be available for residency programs for prospective teachers in a bachelor's or master's degree program4 #bjjjh4 ,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 #aih1jjj1jjj1 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 #bjjji4 ,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 #aih1jjj1jjj1 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 #bjjaj4 ,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 #big1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 for personnel development in section #ffb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adfb74 #b ,higher ,education ,a ,america's ,college ,promise #bjjba4 ,grants for ,tuition-,free ,community ,college ,title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aacc et seq47 is amended by adding at the end the following3 ,f ,america's college promise #a ,grants for ,tuition-,free ,community ,college #ghe4 ,grant awards 7a7 ,in general ,beginning with award year #bjbc-bjbd1 from amounts appropriated to carry out this subpart for any fiscal year1 the ,secretary shall award grants to ,states and eligible ,tribal ,colleges and ,universities to pay the ,federal share of expenditures needed to carry out the activities and services described in section #ghi4 7b7 ,timing of grant awards ,the ,secretary shall award grant funds under subsection 7a7 for an award year not less than #cj days before the first day of the award year4 #ghf4 ,federal share2 ,state share 7a7 ,federal share 7#a7 ,in general 7,a7 ,amount ,subject to paragraph 7#b71 the amount of the ,federal share of a grant under this subpart shall be based on a formula that provides1 for each eligible student enrolled in a community college operated or controlled by the ,state or in an eligible ,tribal ,college or ,university1 a per-student amount 7based on full-time equivalent enrollment7 that is equal to the applicable percent described in subparagraph 7,b71 or the percent described in paragraph 7#b7 with respect to an eligible ,tribal ,college or ,university1 of-- 7i7 for the #bjbc-bjbd award year1 the median resident community college tuition and fees per student in all ,states1 not weighted for enrollment1 for the most recent award year for which data are available2 and 7ii7 for each subsequent award year1 the amount determined under this paragraph for the preceding award year1 increased by the lesser of-- 7,i7 a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 since the date of such determination2 or 7,,ii7 #c percent4 7,b7 ,applicable percent ,the applicable percent for a ,state receiving a grant under this subpart shall be-- 7i7 for the #bjbc-bjbd award year1 #ajj percent2 7ii7 for the #bjbd-bjbe award year1 #ie percent2 7iii7 for the #bjbe-bjbf award year1 #ij percent2 7iv7 for the #bjbf-bjbg award year1 #he percent2 and 7v7 for the #bjbg-bjbh award year1 #hj percent4 7#b7 ,tribal colleges and universities ,the amount of the ,federal share for an eligible ,tribal ,college or ,university receiving a grant under this subpart shall be the greater of-- 7,a7 #ajj percent of the per-student amount determined in accordance with clause 7i7 or 7ii7 of paragraph 7#a77;,a71 as applicable1 with respect to eligible students enrolled in such eligible ,tribal ,college or ,university 7based on full-time equivalent enrollment72 or 7,b7 the amount that is #ajj percent of the total amount needed to set tuition and fees to #j for all eligible students enrolled in such eligible ,tribal ,college or ,university for the #bjba-bjbb award year1 increased by the percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 between ,july #a1 #bjba1 and the applicable award year1 and adjusted to reflect the enrollment in such eligible ,tribal ,college or ,university for such applicable award year4 7b7 ,state share 7#a7 ,formula 7,a7 ,in general ,the ,state share of a grant under this subpart for each award year shall be the amount needed to pay the applicable percent described in subparagraph 7,b7 of the median resident community college tuition and fees in all ,states1 not weighted for enrollment1 per student 7based on full-time equivalent enrollment7 determined in accordance with subsection 7a77#a77;,a77i7 for all eligible students enrolled in a community college operated or controlled by the ,state for such award year4 7,b7 ,applicable percent ,the applicable percent shall be-- 7i7 for the #bjbc-bjbd award year1 #j percent2 7ii7 for the #bjbd-bjbe award year1 #e percent2 7iii7 for the #bjbe-bjbf award year1 #aj percent2 7iv7 for the #bjbf-bjbg award year1 #ae percent2 and 7v7 for the #bjbg-bjbh award year1 #bj percent4 7,c7 ,obligation to provide share ,the ,state shall provide the ,state share even if the ,state is able to set tuition and fees charged to eligible students attending community colleges operated or controlled by the ,state to #j as required by section #ghh7;a7 without such ,state share4 7,d7 ,no double counting funds ,except with respect to funding described in paragraph 7#b77;,a71 no funds that count toward the maintenance of effort requirement under section #ghh7;c7 may also count toward the ,state share under this subsection4 7,e7 ,special rule for outlying areas and territories 7i7 ,in general ,if the ,secretary determines that requiring an outlying area or territory to provide a ,state share in accordance with this subsection would represent a substantial hardship for the outlying area or territory1 the ,secretary may reduce or waive the ,state share for such area or territory4 ,if the ,secretary so reduces or waives the amount of the ,state share of an outlying area or territory1 the ,secretary shall increase the applicable percent used to calculate the ,federal share for such area or territory1 in proportion to the reduction in the applicable percent used to calculate such ,state share4 7ii7 ,definition ,for the purposes of this subparagraph1 the term outlying area or territory means the ,commonwealth of ,puerto ,rico1 the ,district of ,columbia1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,freely ,associated ,states4 7#b7 ,inclusion of ,state financial aid and local funds ,in the case of a ,state that demonstrates to the satisfaction of the ,secretary that community colleges operated or controlled by such ,state will not experience a net reduction in total per-student revenue 7including revenue derived from tuition and fees7 as compared to the preceding fiscal year in such ,state1 a ,state may include1 as part of the ,state share-- 7,a7 any financial aid that is provided from ,state funds to an eligible student and that-- 7i7 7,i7 is not awarded predominantly on the basis of merit1 including programs awarded on the basis of predicted or actual academic performance or assessments2 and 7,,ii7 may be used by such student to pay any component of cost of attendance1 as defined under section #dgb2 and 7,b7 any funds provided to community colleges by local governments in such ,state for the purpose of carrying out this subpart4 7#c7 ,relationship to ,maintenance of ,effort ,the inclusion of funds described in paragraph 7#b7 as part of a ,state's share shall modify the maintenance of effort requirements under section #ghh7;c7 in accordance with the provisions of-- 7,a7 section #gia7aj77;,b77iii71 with respect to funds included under paragraph 7#b77;,a72 and 7,b7 section #gia7aj77;,a77ii71 with respect to funds included under paragraph 7#b77;,b74 7#d7 ,no in-kind contributions ,a ,state shall not include in-kind contributions for purposes of the ,state share described in paragraph 7#a74 7c7 ,determining number of eligible students 7#a7 ,in general ,for purposes of subsections 7a7 and 7b71 the ,secretary shall1 in consultation with the ,state or eligible ,tribal ,college or ,university concerned1 determine the estimated number of eligible students enrolled in the community colleges operated or controlled by such ,state or in such eligible ,tribal ,college or ,university for the applicable award year4 7#b7 ,adjustment of grant amount ,for each year for which a ,state or eligible ,tribal ,college or ,university receives a grant under this subpart1 the ,secretary shall1 once final enrollment data for such year are available-- 7,a7 in consultation with the ,state or eligible ,tribal ,college or ,university concerned1 determine the actual number of eligible students enrolled in the community colleges operated or controlled by such ,state or in such eligible ,tribal ,college or ,university for the year covered by the grant2 and 7,b7 adjust the ,federal share of the grant amount received by the ,state or eligible ,tribal ,college or ,university and the ,state share under subsection 7b7 to reflect the actual number of eligible students1 which may include applying the relevant adjustment to such ,federal share or the ,state share1 or both1 in the subsequent award year4 7d7 ,community colleges operated or controlled by ,state to include community colleges operated or controlled by local governments within the state ,for purposes of this subpart1 the term community college operated or controlled by a ,state shall include a community college operated or controlled by a local government within such ,state4 7e7 ,inapplicability of ,state requirements to eligible ,t,c,us ,the ,secretary may not apply any requirements applicable only to ,states under this subpart to an eligible ,tribal ,college or ,university1 including the requirements under subsection 7b71 section #ghh7;b7 and 7c71 and section #gij4 #ghg4 ,applications ,in order to receive a grant under this subpart1 a ,state or eligible ,tribal ,college or ,university shall submit an application to the ,secretary that includes-- 7#a7 an estimate of the number of eligible students enrolled in the community colleges operated or controlled by the ,state or in the eligible ,tribal ,college or ,university and the cost of waiving tuition and fees for all eligible students for each award year covered by the grant2 7#b7 in the case of a ,state1 a list of each of the community colleges operated or controlled by the ,state2 7#c7 an assurance that each community college operated or controlled by the ,state1 or the eligible ,tribal ,college or ,university1 as applicable1 will set community college tuition and fees for eligible students to #j as required by section #ghh7;a72 7#d7 a description of how the ,state or eligible ,tribal ,college or ,university will ensure that programs leading to a recognized postsecondary credential meet the quality criteria established by the ,state under section #abb7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;b77#a77 or other quality criteria determined appropriate by the ,state or eligible ,tribal ,college or ,university2 7#e7 an assurance that each community college operated or controlled by the ,state or the eligible ,tribal ,college or ,university1 as applicable1 has entered into a program participation agreement under section #dhg2 7#f7 an assurance that the ,state or eligible ,tribal ,college or ,university will assist eligible students in obtaining information about and accessing means-tested ,federal benefit programs and similar ,state1 tribal1 and local benefit programs that can provide financial assistance for any component of the student's cost of attendance1 as defined under section #dgb1 other than tuition and fees2 7#g7 an assurance that1 for each year of the grant1 the ,state or eligible ,tribal ,college or ,university will notify each eligible student of the student's remaining eligibility for assistance under this subpart2 7#h7 if the application is submitted by a ,state-- 7,a7 an assurance that the ,state will meet the requirements of section #ghh7;b77#a7 relating to the alignment of secondary and postsecondary education2 and 7,b7 an assurance that the ,state will meet the requirements of section #ghh7;b77#b7 relating to the improvement of transfer pathways between institutions of higher education2 and 7#i7 an assurance that the ,state or eligible ,tribal ,college or ,university will clearly communicate to prospective students1 including students with prior college experience who have not completed a postsecondary degree or credential1 their families1 and the general public-- 7,a7 plans to implement the program funded under this subpart2 and 7,b7 how eligible students can attend a community college operated or controlled by the ,state or an eligible ,tribal ,college or ,university without paying tuition and fees4 #ghh4 ,program requirements 7a7 ,general requirements ,as a condition of receiving a grant under this subpart in each award year1 a ,state or eligible ,tribal ,college or ,university shall-- 7#a7 ensure that the total amount of tuition and fees charged to an eligible student attending a community college operated or controlled by the ,state or the eligible ,tribal ,college or ,university1 as applicable1 is #j2 7#b7 not apply financial assistance for which an eligible student qualifies to tuition or fees2 and 7#c7 not use any funds provided under this subpart for administrative purposes relating to such grant4 7b7 ,state requirements ,in addition to the requirements under subsection 7a71 as a condition of receiving a grant under this subpart a ,state shall meet the following requirements3 7#a7 ,alignment of secondary and higher education ,the ,state shall-- 7,a7 submit and implement a plan to align the requirements for receiving a regular high school diploma from public schools in the ,state with the requirements for entering credit-bearing coursework at community colleges in such ,state2 and 7,b7 not later than #c years after the date on which the ,state first receives a grant under this subpart1 certify to the ,secretary that such alignment has been achieved4 7#b7 ,transfer pathways ,the ,state shall-- 7,a7 submit a plan1 developed in collaboration with faculty from institutions of higher education in the ,state1 to improve transfer pathways among institutions of higher education in the ,state1 including by-- 7i7 ensuring that associate degrees awarded by community colleges in the ,state are fully transferable to1 and credited as1 the first #b years of related baccalaureate programs at public institutions of higher education in such ,state2 7ii7 increasing the transferability of individual courses within the certificate or associate programs offered by community colleges in the ,state to related baccalaureate programs offered by institutions of higher education in such ,state to maximize the transferability of credits for students who transfer before completing an associate degree2 7iii7 expanding the use of reverse transfer policies that allow institutions to-- 7,i7 implement the process of retroactively granting a certificate or associate degree to students who had not completed the requirements for such certificate or degree before they transferred2 and 7,,ii7 allow academic credits for coursework completed at a #d-year institution to be applied to a previously-attended community college for the purpose of obtaining an associate degree or a certificate2 and 7iv7 ensuring that students attending community colleges in the ,state have access to comprehensive counseling and supports to facilitate the process of transferring to a #d-year institution of higher education2 and 7,b7 not later than #c years after the date on which the ,state first receives a grant under this subpart1 certify to the ,secretary that the ,state is carrying out the plan submitted in accordance with subparagraph 7,a7 and is meeting the requirements of clauses 7i7 through 7iv7 of such subparagraph4 7c7 ,state maintenance of effort ,a ,state receiving a grant under this subpart shall be entitled to receive its full allotment of funds under this subpart for a fiscal year only if1 for each year of the grant1 the ,state provides-- 7#a7 ,state fiscal support for higher education per full-time equivalent student at a level equal to or exceeding the average amount of ,state fiscal support for higher education per full-time equivalent student provided for the #c consecutive preceding fiscal years2 7#b7 financial support for operating expenses 7excluding capital expenses and research and development costs7 for public #d-year institutions of higher education at a level equal to or exceeding the average amount provided for the #c consecutive preceding ,state fiscal years2 and 7#c7 financial support for need-based financial aid at a level equal to or exceeding the average amount provided for the #c consecutive preceding ,state fiscal years4 7d7 ,no additional eligibility requirements ,a ,state or eligible ,tribal ,college or ,university that receives a grant under this subpart may not impose additional eligibility requirements on eligible students other than the requirements under this subpart4 7e7 ,eligibility for benefits ,no individual shall be determined to be ineligible to receive benefits provided under this subpart 7including tuition and fees set to #j and other aid provided under this subpart7 on the basis of citizenship1 alienage1 or immigration status4 #ghi4 ,allowable uses of funds 7a7 ,in general ,except as provided in subsection 7b7-- 7#a7 a ,state shall use a grant under this subpart only to provide funds to each community college operated or controlled by the ,state to enable each such community college to set community college tuition and fees for eligible students to #j as required under section #ghh7;a72 and 7#b7 an eligible ,tribal ,college or ,university shall use a grant under this subpart only to set community college tuition and fees for eligible students to #j as required under section #ghh7;a74 7b7 ,additional uses ,if a ,state or an eligible ,tribal ,college or ,university demonstrates to the ,secretary that the ,state or eligible ,tribal ,college or ,university has grant funds remaining after meeting the demand for activities described in subsection 7a71 the ,state or eligible ,tribal ,college or ,university shall use the remaining funds to carry out #a or more of the following3 7#a7 ,providing need-based financial aid to students that may be used by such students to pay any component of cost of attendance1 as defined under section #dgb4 7#b7 ,reducing unmet need at public #d-year institutions of higher education4 7#c7 ,improving student outcomes by implementing evidence-based institutional reforms or practices1 including reforms or practices that are described in section #gie;,d7b77#a7 or that meet an evidence tier defined in section #gie;,e7#b74 7#d7 ,expanding access to dual or concurrent enrollment programs or early college high school programs4 7c7 ,supplement1 not supplant ,except as provided in section #ghf7;b77#b77;,a71 funds made available under this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 tribal1 and local funds that would otherwise be expended to carry out activities described in this section4 7d7 ,continuation of funding 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,state or an eligible ,tribal ,college or ,university receiving a grant under this subpart for an award year may continue to receive funding under this subpart for subsequent award years conditioned on the availability of budget authority and on meeting the requirements of the grant1 as determined by the ,secretary4 7#b7 ,discontinuation ,the ,secretary shall discontinue or reduce funding of the ,federal share of a grant under this subpart if the ,state or an eligible ,tribal ,college or ,university has violated the terms of the grant4 7e7 ,rule of construction regarding ,,bie funds ,nothing in this subpart shall be construed to impact the availability of funds from1 or uses of funds provided by1 the ,bureau of ,indian ,education for ,tribal ,colleges and ,universities4 #gij4 ,automatic stabilizers for ,america's college promise 7a7 ,maintenance of effort relief ,a ,state that meets the qualifying spending requirement may request a waiver of the requirements under section #ghh7;c74 ,upon request by such a ,state1 the ,secretary shall waive the requirements of section #ghh7;c7 for the ,state as follows3 7#a7 ,tier i ,with respect to each ,state eligible for relief under tier ,i1 such requirements shall be waived for the fiscal year succeeding the fiscal year for which the determination of the ,state's eligibility for such relief is made4 7#b7 ,tiers ii through v ,with respect to each ,state eligible for relief under tier ,,ii1 ,,iii1 ,,iv1 or ,v1 such requirements shall be waived1 in accordance with subsection 7d71 for-- 7,a7 the fiscal year for which the determination of the ,state's eligibility for such relief is made2 7,b7 the fiscal year succeeding the fiscal year described in subparagraph 7,a72 or 7,c7 both such fiscal years4 7b7 ,state share relief 7#a7 ,state share relief ,a ,state that meets the qualifying spending requirement and is eligible for relief under tier ,,ii1 ,,iii1 ,,iv1 or ,v may request relief with respect to the requirements of section #ghf7;b77#a77;,b74 ,upon request by such a ,state1 the ,secretary shall provide relief from the requirements of section #ghf7;b77#a77;,b71 for the applicable award year or years1 for the ,state as follows3 7,a7 ,tier ii ,with respect to a ,state that is eligible for relief under tier ,,ii1 the ,secretary shall-- 7i7 apply section #ghf7;a77#a77;,b77v7 by substituting #he percent for #hj percent2 and 7ii7 apply section #ghf7;b77#a77;,b77v7 by substituting #ae percent for #bj percent4 7,b7 ,tier iii ,with respect to a ,state that is eligible for relief under tier ,,iii1 the ,secretary shall-- 7i7 apply section #ghf7;a77#a77;,b77iv7 by substituting #ij percent for #he percent2 7ii7 apply section #ghf7;a77#a77;,b77v7 by substituting #ij percent for #hj percent2 7iii7 apply section #ghf7;b77#a77;,b77iv7 by substituting #aj percent for #ae percent2 and 7iv7 apply section #ghf7;b77#a77;,b77v7 by substituting #aj percent for #bj percent4 7,c7 ,tier iv ,with respect to a ,state that is eligible for relief under tier ,,iv1 the ,secretary shall-- 7i7 apply section #ghf7;a77#a77;,b77iii7 by substituting #ie percent for #ij percent2 7ii7 apply section #ghf7;a77#a77;,b77iv7 by substituting #ie percent for #he percent2 7iii7 apply section #ghf7;a77#a77;,b77v7 by substituting #ie percent for #hj percent2 7iv7 apply section #ghf7;b77#a77;,b77iii7 by substituting #e percent for #aj percent2 7v7 apply section #ghf7;b77#a77;,b77iv7 by substituting #e percent for '#ae percent'2 and 7vi7 apply section #ghf7;b77#a77;,b77v7 by substituting #e percent for #bj percent4 7,d7 ,tier v ,with respect to a ,state that is eligible for relief under tier ,v1 the ,secretary shall-- 7i7 apply section #ghf7;a77#a77;,b77ii7 by substituting #ajj percent for #ie percent2 7ii7 apply section #ghf7;a77#a77;,b77iii7 by substituting #ajj percent for #ij percent2 7iii7 apply section #ghf7;a77#a77;,b77iv7 by substituting #ajj percent for #he percent2 7iv7 apply section #ghf7;a77#a77;,b77v7 by substituting #ajj percent for #hj percent2 7v7 apply section #ghf7;b77#a77;,b77ii7 by substituting #j percent for #e percent2 7vi7 apply section #ghf7;b77#a77;,b77iii7 by substituting #j percent for #aj percent2 7vii7 apply section #ghf7;b77#a77;,b77iv7 by substituting #j percent for '#ae percent'2 and 7viii7 apply section #ghf7;b77#a77;,b77v7 by substituting #j percent for #bj percent4 7#b7 ,applicable award years ,with respect to each ,state eligible for relief under tier ,,ii1 ,,iii1 ,,iv1 or ,v1 the ,secretary shall provide the relief under paragraph 7#a71 in accordance with subsection 7d71 for-- 7,a7 the award year for which the determination of the ,state's eligibility for such relief is made2 7,b7 the award year succeeding the award year described in subparagraph 7,a72 or 7,c7 both such award years4 7c7 ,state eligibility ,a ,state's eligibility for relief under this section shall be determined as follows3 7#a7 ,tier i ,a ,state shall be eligible for relief under tier ,i for a fiscal year for which-- 7,a7 the ,state is in an elevated unemployment period at any point in the fiscal year2 and 7,b7 the ,state is not eligible for relief under any other tier4 7#b7 ,tier ii ,a ,state shall be eligible for relief under tier ,,ii for a fiscal or award year1 as applicable1 for which-- 7,a7 7i7 the ,state average unemployment rate is equal to or greater than #f4e percent but less than #g4e percent at any point in the fiscal or award year2 or 7ii7 the national average unemployment rate is equal to or greater than #f4e percent but less than #g4e percent at any point in the fiscal or award year2 and 7,b7 the ,state is not eligible for relief under tier ,,iii1 ,,iv1 or ,v4 7#c7 ,tier iii ,a ,state shall be eligible for relief under tier ,,iii for a fiscal or award year1 as applicable1 for which-- 7,a7 7i7 the ,state average unemployment rate is equal to or greater than #g4e percent but less than #h4e percent at any point in the fiscal or award year2 or 7ii7 the national average unemployment rate is equal to or greater than #g4e percent but less than #h4e percent at any point in the fiscal or award year2 and 7,b7 the ,state is not eligible for relief under tier ,,iv or ,v4 7#d7 ,tier iv ,a ,state shall be eligible for relief under tier ,,iv for a fiscal or award year1 as applicable1 for which-- 7,a7 7i7 the ,state average unemployment rate is equal to or greater than #h4e percent but less than #i4e percent at any point in the fiscal or award year2 or 7ii7 the national average unemployment rate is equal to or greater than #h4e percent but less than #i4e percent at any point in the fiscal or award year2 and 7,b7 the ,state is not eligible for relief under tier ,v4 7#e7 ,tier v ,a ,state shall be eligible for relief under tier ,v for a fiscal or award year1 as applicable1 for which-- 7,a7 the ,state average unemployment rate is equal to or greater than #i4e percent at any point in the fiscal or award year2 or 7,b7 the national average unemployment rate is equal to or greater than #i4e percent at any point in the fiscal or award year4 7d7 ,discretion in the provision of relief ,in determining the fiscal years for which to provide relief in accordance with subsection 7a77#b71 or the award years for which to provide relief in accordance with subsection 7b71 to a ,state that is eligible under tier ,,ii1 ,,iii1 ,,iv1 or ,v1 the ,secretary shall take into account the following3 7#a7 ,in the case of a ,state that requests relief under subsection 7a77#b71 the fiscal years for which the ,state requests such relief1 including-- 7,a7 if the ,state requests such relief for the fiscal year for which the determination of the ,state's eligibility for such relief is made1 the amount by which the ,state is unable to meet the requirements of section #ghh7;c7 for such fiscal year2 and 7,b7 if the ,state requests such relief for the fiscal year succeeding the year described in subparagraph 7,a71 the amount by which the ,state anticipates being unable to meet such requirements for such succeeding fiscal year4 7#b7 ,in the case of a ,state that requests relief under subsection 7b71 the award years for which the ,state requests such relief1 including-- 7,a7 if the ,state requests such relief for the award year for which the determination of the ,state's eligibility for such relief is made1 the extent to which the ,state is unable to meet the requirements of section #ghf7;b77#a77;,b7 for such award year2 and 7,b7 if the ,state requests such relief for the award year succeeding the year described in subparagraph 7,a71 the extent to which the ,state anticipates being unable to meet such requirements for such succeeding award year4 7#c7 ,the actual or anticipated timing1 severity1 and duration of the unemployment rate increase during-- 7,a7 the fiscal or award year1 as applicable1 for which the determination of the ,state's eligibility for such relief is made2 7,b7 the fiscal or award year1 as applicable1 succeeding the fiscal or award year described in subparagraph 7,a72 and 7,c7 the fiscal or award year1 as applicable1 preceding the fiscal or award year described in subparagraph 7,a74 7#d7 ,other factors determined to be relevant by the ,secretary4 7e7 ,continued payment to employees ,a ,state that receives relief under subsection 7a7 or 7b7 shall1 to the greatest extent practicable1 continue to pay its employees of1 and contractors with1 public institutions of higher education in the ,state during the period in which the ,state is receiving such relief4 7f7 ,definitions ,in this section3 7#a7 ,elevated unemployment period ,the term elevated unemployment period-- 7,a7 when used with respect to the ,nation as a whole1 means a consecutive1 #c-month period in a fiscal year for which the national average unemployment rate is not less than #j4e percentage points above the lowest national average unemployment rate for the #ab-month period preceding such #c-month period2 and 7,b7 when used with respect to a ,state1 means a consecutive1 #c-month period in a fiscal year in which the ,state average unemployment rate is not less than #j4e percentage points above the lowest ,state average unemployment rate for such ,state for the #ab-month period preceding such #c-month period4 7#b7 ,qualifying spending requirement ,the term qualifying spending requirement1 when used with respect to determining whether a ,state has met such requirement1 means the ,state has not disproportionately decreased spending for any of the categories described in paragraphs 7#a7 through 7#c7 of section #ghh7;c7 relative to such ,state's overall decrease in spending averaged over the #c consecutive preceding fiscal years4 7#c7 ,national average unemployment rate ,the term national average unemployment rate means the average 7seasonally adjusted7 rate of total unemployment in all ,states for a consecutive1 #c-month period in a fiscal year1 based on data from the ,bureau of ,labor ,statistics of the ,department of ,labor4 7#d7 ,state average unemployment rate ,the term ,state average unemployment rate means the average 7seasonally adjusted7 rate of total unemployment in a ,state for a consecutive1 #c-month period in a fiscal year1 based on data from the ,bureau of ,labor ,statistics of the ,department of ,labor4 #gia4 ,definitions ,in this subpart3 7#a7 ,career pathway ,the term career pathway has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,community college ,the term community college means-- 7,a7 a degree-granting public institution of higher education at which-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the predominant degree awarded2 7,b7 an eligible ,tribal ,college or ,university2 7,c7 a degree-granting branch campus of a #d-year public institution of higher education1 if1 at such branch campus-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the predominant degree awarded2 or 7,d7 at the designation of the ,secretary1 in the case of a ,state that does not operate or control any institution that meets a definition under subparagraph 7,a7 or 7,c71 a college or similarly defined and structured academic entity-- 7i7 that was in existence on ,july #a1 #bjba2 7ii7 within a #d-year public institution of higher education2 and 7iii7 at which-- 7,i7 the highest degree awarded is an associate degree2 or 7,,ii7 an associate degree is the predominant degree awarded4 7#c7 ,dual or concurrent enrollment program ,the term dual or concurrent enrollment program has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#d7 ,early college high school ,the term early college high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#e7 ,eligible student ,the term eligible student means a student who-- 7,a7 is enrolled as an undergraduate student in an eligible program 7as defined in section #dha7;b77 at a community college on not less than a half-time basis2 7,b7 in the case of a student who is enrolled in a community college that charges different tuition rates on the basis of in-,state or in-district residency1 either-- 7i7 qualifies for in-,state or in-district resident tuition at such community college2 or 7ii7 would qualify for such in-,state or in-district resident tuition at such community college1 but for the immigration status of such student2 7,c7 has not been enrolled 7whether full-time or less than full-time7 for more than #f semesters 7or the equivalent7 for which the community college tuition and fees of the student were set to #j pursuant to section #ghh7;a72 7,d7 is not enrolled in a dual or concurrent enrollment program or early college high school2 and 7,e7 in the case of a student who is a ,united ,states citizen1 has filed a ,free ,application for ,federal ,student ,aid described in section #dhc for the applicable award year for which the student is enrolled4 7#f7 ,eligible tribal college or university ,the term eligible ,tribal ,college or ,university means-- 7,a7 a #b-year ,tribal ,college or ,university2 or 7,b7 a degree-granting ,tribal ,college or ,university-- 7i7 at which the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the predominant degree awarded4 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja4 7#h7 ,means-tested federal benefit program ,the term means-tested ,federal benefit program has the meaning given the term in section #dgi4 7#i7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#aj7 ,state fiscal support for higher education 7,a7 ,inclusions 7i7 ,in general ,except as provided in subparagraph 7,b71 the term ,state fiscal support for higher education1 used with respect to a ,state for a fiscal year1 means an amount that is equal to-- 7,i7 the gross amount of applicable ,state funds appropriated or dedicated1 and expended by the ,state1 including funds from lottery receipts1 in the fiscal year1 that are used to support institutions of higher education and student financial aid for higher education in the ,state2 and 7,,ii7 any funds described in clause 7ii71 if applicable4 7ii7 ,local funds ,in the case of a ,state that includes1 as part of the ,state share under section #ghf7;b77#b77;,b7 for an award year1 funds provided to community colleges by local governments in such ,state for the purpose of carrying out this subpart1 local funds provided to community colleges operated or controlled by such ,state for operating expenses 7excluding capital expenses and research and development costs7 shall be included in the calculation of the ,state fiscal support for higher education for such award year under clause 7i74 7,b7 ,exclusions ,state fiscal support for higher education for a ,state for a fiscal year shall not include-- 7i7 funds described in subparagraph 7,a7 that are returned to the ,state2 7ii7 ,state-appropriated funds derived from ,federal sources1 including funds provided under section #ghf7;a7 and section #gie;,a7a77#b72 7iii7 funds that are included in the ,state share under section #ghf7;b71 including funds included in the ,state share in accordance with paragraph 7#b77;,a7 of such section2 7iv7 amounts that are portions of multiyear appropriations to be distributed over multiple years that are not to be spent for the year for which the calculation under this paragraph is being made1 subject to subparagraph 7,c72 7v7 tuition1 fees1 or other educational charges paid directly by a student to a public institution of higher education or to the ,state2 7vi7 funds for-- 7,i7 financial aid to students attending1 or operating expenses of-- 7aa7 out-of-,state institutions of higher education2 7bb7 proprietary institutions of higher education 7as defined in section #ajb7;b772 7cc7 institutions of higher education not accredited by an agency or association recognized by the ,secretary pursuant to section #dif2 7,,ii7 financial aid to students awarded predominantly on the basis of merit1 including programs awarded on the basis of predicted or actual academic performance or assessments2 7,,iii7 research and development2 or 7,,iv7 hospitals1 athletics1 or other auxiliary enterprises2 7vii7 corporate or other private donations directed to one or more institutions of higher education permitted to be expended by the ,state2 or 7viii7 any other funds that the ,secretary determines shall not be included in the calculation of ,state fiscal support for higher education for such ,state4 7,c7 ,adjustments for biennial appropriations ,the ,secretary shall take into consideration any adjustments to the calculations under this paragraph that may be required to accurately reflect ,state fiscal support for higher education in ,states with biennial appropriation cycles4 7#aa7 ,state fiscal support for higher education per full-time equivalent student ,the term ,state fiscal support for higher education per full-time equivalent student1 when used with respect to a ,state for a fiscal year1 means the amount that is equal to-- 7,a7 the ,state fiscal support for higher education for the previous fiscal year2 divided by 7,b7 the number of full-time equivalent students enrolled in public institutions of higher education in such ,state for such previous fiscal year4 7#ab7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given such term in section #caf7;b77#c74 #gib4 ,sunset 7a7 ,in general ,the authority to make grants under this subpart shall expire at the end of award year #bjbg-bjbh4 7b7 ,inapplicability of ,,gepa contingent extension of programs ,section #dbb of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abbf;a7 shall not apply to this subpart4 #gic4 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 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 subpart4 4 #bjjbb4 ,retention and completion grants ,part ,f of title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aacc et seq471 as added by section #bjjba1 is further amended by adding at the end the following3 #b ,retention and completion grants #gie4 ,retention and completion grants ,beginning with award year #bjbc-bjbd1 from amounts appropriated to carry out this subpart for any fiscal year1 the ,secretary shall carry out a grant program to make grants 7which shall be known as retention and completion grants7 to eligible ,states and ,tribal ,colleges and ,universities to enable the eligible ,states and ,tribal ,colleges and ,universities to carry out the activities described in section #gie;,d4 #gie;,a4 ,grant amounts 7a7 ,reservation ,from the amounts appropriated to carry out this subpart1 the ,secretary shall-- 7#a7 reserve an amount equal to #c percent of such amounts to allocate grants to ,tribal ,colleges and ,universities1 which shall be distributed according to the formula in section #caf7;d77#c77;,b71 to carry out the activities described in section #gie;,d7b77#a7 and implement reforms or practices that meet an evidence tier defined in section #gie;,e7#b72 and 7#b7 use the amount remaining after the allocation under paragraph 7#a7 to award competitive grants to eligible ,states that have submitted applications under section #gie;,b4 7b7 ,supplement1 not supplant ,grant funds awarded under this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 tribal1 and local funds that would otherwise be expended to carry out activities assisted under this subpart4 7c7 ,grant period ,subject to the requirements under section #gie;,c1 a grant under this subpart shall be for a period of not more than #g years4 #gie;,b4 ,applications 7a7 ,in general ,as a condition of receiving a grant under this subpart1 an eligible ,state shall submit an application to the ,secretary that includes-- 7#a7 a description of-- 7,a7 how the eligible ,state will use the funds to implement evidence-based institutional reforms or practices at institutions of higher education in such ,state to improve student outcomes and meet the requirements of section #gie;,d7b77#b71 including-- 7i7 how such eligible ,state will use grant funds to implement #a or more reforms or practices described in section #gie;,d7b77#a7 at such institutions2 7ii7 the extent to which each reform or practice to be implemented meets an evidence tier defined in section #gie;,e7#b72 and 7iii7 annual implementation benchmarks that the eligible ,state will use to track progress in implementing such reforms or practices2 7,b7 how such eligible ,state will increase support for the public institutions of higher education identified in accordance with paragraph 7#b77;,b72 and 7,c7 the improvements the eligible ,state anticipates in student outcomes1 including improvements in retention1 completion1 or transfer rates or labor market outcomes1 or a combination of such student outcomes1 disaggregated by student demographics including1 at a minimum1 race1 ethnicity1 income1 disability status1 remediation1 and status as a first generation college student2 7#b7 7,a7 with respect to each ,state public institution of higher education-- 7i7 the total per-student funding2 7ii7 the amount of per-student funding that is from ,state-appropriated funds2 and 7iii7 the share of students at the institution who are students of color1 low-income students1 students with disabilities1 students in need of remediation1 or first generation college students2 and 7,b7 an identification of public institutions of higher education in the eligible ,state that received less funding on a per-student basis as described in clause 7i7 or 7ii71 or both1 of subparagraph 7,a71 and are serving disproportionately high shares of students of color1 low-income students1 students with disabilities1 students in need of remediation1 or first generation college students2 7#c7 a description of the steps the eligible ,state will take to ensure the sustainability of the institutional reforms or practices identified in paragraph 7#a77;,a72 and 7#d7 a description of how the eligible ,state will evaluate the effectiveness of activities funded under this subpart1 including how such eligible ,state will assess impacts on student outcomes1 including retention1 transfer1 and completion rates and labor market outcomes4 7b7 ,priorities ,in awarding funds under this subpart1 the ,secretary shall give priority to eligible ,states that do one or more of the following3 7#a7 ,propose to use a significant share of grant funds for reforms or practices that meet an evidence tier defined in section #gie;,e7#b74 7#b7 ,propose to use a significant share of grant funds to improve retention1 transfer1 and completion rates and labor market outcomes among students of color1 low-income students1 students with disabilities1 students in need of remediation1 first generation college students1 and other underserved student populations in such ,state4 7#c7 ,propose to use a significant share of grant funds to improve retention1 transfer1 and completion rates and labor market outcomes among students attending institutions identified in subsection 7a77#b77;,b74 7#d7 ,demonstrate a commitment to supporting activities funded under this subpart with non-,federal funds4 #gie;,c4 ,program requirements 7a7 ,in ,general ,as a condition of continuing to receive funds under this subpart1 for each year in which an eligible ,state participates in the program under this subpart1 the eligible ,state shall submit to the ,secretary the eligible ,state's progress-- 7#a7 in meeting the annual implementation benchmarks included in the application of such eligible ,state under section #gie;,b7a77#a77;,a77iii72 7#b7 in increasing funding for the public institutions of higher education identified in accordance with section #gie;,b7a77#b77;,b71 as included in the application of such eligible ,state under section #gie;,b7a77#a77;,b72 and 7#c7 in improving the student outcomes identified by the ,state under section #gie;,b7a77#a77;,c74 7b7 ,eligibility for benefits ,no individual shall be determined to be ineligible to receive benefits provided under this subpart 7including services and other aid provided under this subpart7 on the basis of citizenship1 alienage1 or immigration status4 #gie;,d4 ,uses of funds 7a7 ,general requirement for ,states ,except as provided in subsection 7c71 an eligible ,state shall use a grant under this subpart only to carry out activities described in the application for such year under section #gie;,b7a77#a74 7b7 ,evidence-based institutional reforms or practices 7#a7 ,in general ,an eligible ,state or ,tribal ,college or ,university receiving a grant under this subpart 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 institutional reforms or practices3 7,a7 ,providing comprehensive academic1 career1 and student support services1 including mentoring1 advising1 case management services1 or career pathway navigation4 7,b7 ,providing assistance in applying for and accessing direct support services1 means-tested ,federal benefit programs1 or similar ,state1 tribal1 or local benefit programs4 7,c7 ,providing emergency financial aid grants to students for unexpected expenses and to meet basic needs4 7,d7 ,providing accelerated learning opportunities1 including dual or concurrent enrollment programs and early college high school programs1 and pathways to graduate and professional degree programs1 and reforming course scheduling and credit awarding policies4 7,e7 ,reforming remedial and developmental education4 7,f7 ,utilizing career pathways1 including through building capacity for career and technical education as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb71 programs of study as defined in such section1 or degree pathways4 7,g7 ,improving transfer pathways between community colleges and four-year institutions of higher education in the eligible ,state1 or1 in the case of a ,tribal ,college or ,university1 between the ,tribal ,college or ,university and other institutions of higher education4 7#b7 ,state allocation minimums with respect to evidence tiers ,an eligible ,state receiving a grant under this subpart shall use not less than #cj percent of the grant funds for evidence-based reforms or practices that meet an evidence tier defined in section #gie;,e7#b71 of which at least two-thirds shall be used for evidence-based reforms or practices that meet evidence tier #a4 7c7 ,use of funds for administrative purposes ,an eligible ,state or ,tribal ,college or ,university that receives a grant under this subpart may use-- 7#a7 not more than #c percent of such grant for administrative purposes relating to the grant under this subpart2 and 7#b7 not more than #c percent of such grant to evaluate the effectiveness of activities carried out under this subpart4 #gie;,e4 ,definitions ,in this subpart3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state that is a recipient of a grant under subpart #a4 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 #dfaa of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbfa71 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 that meets the criteria for receiving a mid-phase grant from the education innovation and research program under section #dfaa of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbfa71 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;,a7h74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja4 7#e7 ,tribal ,college or ,university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b77#c74 #gie;,f4 ,sunset 7a7 ,in general ,the authority to make grants under this subpart 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 7#bj ,u4,s4,c4 #abbf;a7 shall not apply to this subpart4 #gie;,g4 ,appropriation ,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 #bjcj1 for carrying out this subpart4 4 #bjjbc4 ,tuition ,assistance for ,students at ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-serving ,institutions ,part ,f of title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aacc et seq471 as added and amended by this ,act1 is further amended by adding at the end the following3 #c ,tuition ,assistance for ,students at ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-serving ,institutions #gif4 ,tuition assistance for historically black colleges and universities ,beginning with award year #bjbc-bjbd1 from amounts appropriated to carry out this subpart for any fiscal year1 the ,secretary shall award grants to participating historically ,black colleges and universities that are eligible institutions4 #gif;,a4 ,tuition assistance for tribal colleges and universities ,beginning with award year #bjbc-bjbd1 from amounts appropriated to carry out this subpart for any fiscal year1 the ,secretary shall award grants to participating ,tribal ,colleges and ,universities that are eligible institutions4 #gif;,b4 ,tuition assistance for ,alaska native-serving institutions1 ,asian ,american and native ,american pacific islander-serving institutions1 ,hispanic-serving institutions1 native ,american-serving nontribal institutions1 native ,hawaiian-serving institutions1 and predominantly black institutions 7a7 ,in general ,beginning with award year #bjbc-bjbd1 from amounts appropriated to carry out this subpart for any fiscal year1 the ,secretary shall award grants to participating ,alaska ,native-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,hispanic-serving institutions1 ,native ,american-serving nontribal institutions1 ,native ,hawaiian-serving institutions1 and ,predominantly ,black institutions that are eligible institutions4 7b7 ,status of institution ,an institution's status as an eligible institution described in subsection 7a7 shall-- 7#a7 be based on the most recent data available2 and 7#b7 be reviewed annually to ensure that the institution continues to meet the requirements for status as an institution described in subsection 7a74 #gif;,c4 ,grant terms 7a7 ,grant amount 7#a7 ,in general ,for each year for which an eligible institution participates in the grant program under this subpart1 such eligible institution shall receive a grant in an amount equal to the product of-- 7,a7 the number of eligible students enrolled at the institution for such year2 and 7,b7 7i7 for the #bjbc-bjbd award year1 the median resident community college tuition and fees per student in all ,states1 not weighted for enrollment1 for the most recent award year for which data are available2 and 7ii7 for the #bjbd-bjbe award year and each subsequent award year1 the amount determined under this subparagraph for the preceding award year1 increased by the lesser of-- 7,i7 a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 since the date of such determination2 or 7,,ii7 #c percent4 7#b7 ,first-year tuition and fees ,as a condition of receiving a grant under this subpart1 an eligible institution shall not increase tuition and fees during the first year of participation in the grant program under this subpart at a rate greater than the average annual increase at the eligible institution in the previous #e years4 7#c7 ,students enrolled less than full-time ,the ,secretary shall develop and implement a formula for making adjustments to grant amounts under this subpart based on the number of eligible students at each eligible institution enrolled less than full-time and the associated tuition and fees charged to such students in proportion to the degree to which each such student is not attending on a full-time basis4 7#d7 ,data adjustments 7,a7 ,in general ,the ,secretary shall establish a process through which each eligible institution that participates in the program under this section-- 7i7 provides the necessary eligible student enrollment data at the start of the award year2 and 7ii7 initially receives grant funds1 as calculated under this subsection1 based on such data4 7,b7 ,adjustment of grant amount ,for each year for which an eligible institution receives a grant under this subpart1 the ,secretary shall1 once final enrollment data for such year are available-- 7i7 in consultation with the eligible institution concerned1 determine the actual number of eligible students for the year covered by the grant2 and 7ii7 adjust the grant amount received by the eligible institution to reflect the actual number of eligible students1 which may include applying the relevant adjustment to such grant amount in the subsequent award year4 7b7 ,duplicate grants prohibited ,an institution shall not receive more than one grant at a time under this subpart4 7c7 ,application ,an eligible institution that desires a grant under this subpart shall submit an application to the ,secretary that includes-- 7#a7 an assurance that the institution commits to maintaining1 expanding1 or adopting and implementing evidence-based institutional reforms or practices to improve student outcomes1 which shall include one or more of the practices described in section #gie;,d7b77#a72 and 7#b7 in the case of an eligible institution that enrolls students who transfer from another institution1 an assurance that the institution-- 7,a7 commits to increasing the transferability of individual courses within certificate or associate programs offered by community colleges in the ,state to related baccalaureate programs offered by such institution to maximize the transferability of credits for students who transfer before completing an associate degree2 7,b7 will ensure that students attending community colleges in the ,state have access to comprehensive counseling and other easily accessible tools regarding the process for transferring to such institution2 and 7,c7 has a formal1 statewide articulation agreement with community colleges in the ,state in which such institution operates that1 at a minimum1 ensures that associate degrees awarded by community colleges in the ,state are fully transferable to1 and credited as1 the first #b years of related baccalaureate programs at such institution4 7d7 ,use of funds 7#a7 ,required use ,funds awarded under this subpart to a participating eligible institution shall be used to reduce tuition and fees for eligible students by an amount that is not less than the minimum per-student amount described in paragraph 7#b71 unless the actual cost of tuition and fees at such institution is not more than such per-student amount1 in which case such institution shall use such funds to waive all such tuition and fees charged to such students and use any remaining funds in accordance with paragraph 7#c74 7#b7 ,minimum per-student amount ,the minimum per-student amount described in this paragraph shall be equal to-- 7,a7 for the #bjbc-bjbd award year1 the median resident community college tuition and fees per student in all ,states1 not weighted for enrollment1 for the most recent award year for which data are available2 and 7,b7 for the #bjbd-bjbe award year and each subsequent award year1 the amount determined under this paragraph for the preceding award year1 increased by the lesser of-- 7i7 a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 since the date of such determination2 or 7ii7 #c percent4 7#c7 ,additional uses ,a participating eligible institution shall use any grant funds remaining after meeting the requirements of paragraph 7#a7 to provide financial aid to eligible students that may be used by such students to pay for any component of cost of attendance other than tuition and fees1 which may include emergency financial aid grants4 7e7 ,supplement1 not supplant ,funds made available to carry out this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 tribal1 and local funds that would otherwise be expended to carry out activities under this subpart4 7f7 ,sixty credits ,funds under this subpart may only be used to waive or reduce tuition and fees for the first #fj credits for which an eligible student is enrolled in the participating eligible institution except that1 when calculating the number of credits in which the student has been enrolled for the purpose of carrying out this subpart-- 7#a7 no student shall be considered to have been enrolled for more than #ab credits per semester 7or the equivalent7 during the period for which the student is receiving benefits under this subpart2 and 7#b7 the participating eligible institution may exclude any credits that a student enrolled in and did not complete at such institution if the institution determines that such exclusion would be in the best interest of the student1 except that an institution may exclude no more than #ae credits under this paragraph for each individual student4 7g7 ,eligibility for benefits ,no individual shall be determined to be ineligible to receive benefits provided under this subpart 7including reduction of tuition and fees and other aid provided under this subpart7 on the basis of citizenship1 alienage1 or immigration status4 #gif;,d4 ,definitions ,in this subpart3 7#a7 ,alaska native-serving institution ,the term ,alaska ,native-serving institution has the meaning given such term in section #cag7;b74 7#b7 ,asian ,american and native ,american pacific islander-serving institution ,the term ,asian ,american and ,native ,american ,pacific ,islander-serving institution has the meaning given such term in section #cga7;c74 7#c7 ,cost of attendance ,the term cost of attendance has the meaning given such term in section #dgb4 7#d7 ,eligible institution 7,a7 ,in general ,the term eligible institution means a public or nonprofit #d-year institution of higher education that has an undergraduate student body of which not less than #ce percent are low-income students4 7,b7 ,continuing eligibility ,the ,secretary's determination of whether an institution meets the requirement under subparagraph 7,a7 shall be based on the most recent data available1 and shall be reviewed annually to ensure that the institution continues to meet the requirements for participation4 7#e7 ,eligible student 7,a7 ,in general ,the term eligible student means a student1 regardless of age1 who-- 7i7 is enrolled as an undergraduate student in an eligible program 7as defined in section #dha7;b77 at a participating eligible institution1 on at least a half-time basis2 7ii7 is a low-income student2 7iii7 has been enrolled at such participating eligible institution under this subpart for not more than #fj credits1 subject to section #gif;,c7f72 7iv7 has not been enrolled 7whether full-time or less than full-time7 for more than #f semesters 7or the equivalent7 for which the student received a benefit under this subpart2 7v7 is not enrolled in a dual or concurrent enrollment program or early college high school2 7vi7 has not completed an undergraduate baccalaureate course of study2 and 7vii7 in the case of a student who is a ,united ,states citizen1 has filed a ,free ,application for ,federal ,student ,aid described in section #dhc for the applicable award year for which the student is enrolled4 7,b7 ,continued eligibility ,in the case of an eligible student who receives assistance under this subpart and attends an institution that loses status as an eligible institution or as an institution described in section #gif;,b7a71 the student may continue to receive such assistance for the period for which the student would have been eligible if the institution at which they are enrolled had retained such status4 7#f7 ,hispanic-serving institution ,the term ,hispanic-serving institution has the meaning given such term in section #ejb4 7#g7 ,historically black college or university ,the term historically ,black college or university means a part ,b institution as defined in section #cbb4 7#h7 ,low-income student ,the term low-income student means a student who meets the financial eligibility criteria for receiving a ,federal ,pell ,grant under section #dja1 regardless of whether such student is otherwise eligible to receive such ,federal ,pell ,grant4 7#i7 ,native ,american-serving nontribal institution ,the term ,native ,american-serving nontribal institution has the meaning given such term in section #cai4 7#aj7 ,native ,hawaiian-serving institution ,the term ,native ,hawaiian-serving institution has the meaning given such term in section #cag7;b74 7#aa7 ,predominantly black institution ,the term ,predominantly ,black institution has the meaning given such term in section #cga7;c74 7#ab7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given such term in section #caf7;b77#c74 #gif;,e4 ,sunset 7a7 ,in general ,the authority to make grants under this subpart 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 7#bj ,u4,s4,c4 #abbf;a7 shall not apply to this subpart4 #gif;,f4 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 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 subpart4 4 #bjjbd4 ,northern ,mariana ,islands1 ,american ,samoa1 ,united ,states ,virgin ,islands1 and ,guam college access ,part ,f of title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aacc et seq471 as added and amended by this ,act1 is further amended by adding at the end the following3 #gih4 ,northern ,mariana ,islands1 ,american ,samoa1 ,united ,states ,virgin ,islands1 and ,guam 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 provide such sums as may be necessary to the ,governors of each outlying area for such ,governors to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-,state students and the tuition and fees charged for out-of-,state students on behalf of each eligible student enrolled in the eligible 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 #dha72 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 ,application ,each eligible student desiring a payment under this section shall submit an application to the eligible institution at which such student is enrolled or plans to enroll4 7#c7 ,eligibility for benefits ,no individual shall be determined to be ineligible to receive benefits provided under this subpart 7including tuition payments and other aid provided under this subpart7 on the basis of citizenship1 alienage1 or immigration status4 7b7 ,administration of program 7#a7 ,in general ,each ,governor shall carry out the program under this section in consultation with the ,secretary4 ,each ,governor may enter into a grant1 contract1 or cooperative agreement with another public or private entity to administer the program under this section4 7#b7 ,memorandum of agreement ,each ,governor and the ,secretary shall enter into a memorandum of agreement that describes-- 7,a7 the manner in which the ,governor will consult with the ,secretary with respect to administering the program under this section2 and 7,b7 any technical or other assistance to be provided to the ,governor by the ,secretary for purposes of administering the program under this section 7which may include access to the information in the ,free ,application for ,federal ,student ,aid described in section #dhc74 7#c7 ,construction ,nothing in this section shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution4 7#d7 ,grant authority ,the authority to make grants under this section shall expire at the end of award year #bjbi-bjcj4 7c7 ,inapplicability of ,,gepa contingent extension of programs ,section #dbb of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abbf;a7 shall not apply to 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 ,puerto ,rico1 or an outlying area2 7,b7 is eligible to participate in the student financial assistance programs under title ,,iv2 and 7,c7 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 containing such conditions as each ,governor may specify1 including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students from outlying areas4 7#b7 ,eligible student ,the term eligible student means an individual 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 education2 7,b7 has not completed an undergraduate baccalaureate course of study2 7,c7 begins the individual's course of study at an eligible institution within #c calendar years 7excluding any period of service on active duty in the ,armed ,forces or service under the ,peace ,corps ,act 7#bb ,u4,s4,c4 #beja et seq47 or subtitle ,d of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abega et seq477 of-- 7i7 graduation from secondary school1 or obtaining the recognized equivalent of a secondary school diploma2 or 7ii7 transfer from an institution of higher education located in an outlying area 7including transfer following the completion of an associate degree or certificate at such institution72 and 7,d7 is enrolled or accepted for enrollment1 on at least a half-time basis1 in a baccalaureate degree or other program 7including a program of study abroad approved for credit by the institution at which such student is enrolled7 leading to a recognized educational credential at an eligible institution4 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 ,governor of an outlying area4 7#e7 ,outlying area ,the term outlying area means the ,northern ,mariana ,islands1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and ,guam4 7e7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 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 ,b ,pell ,grants and ,student ,loans #bjjca4 ,increasing the maximum ,federal ,pell grant 7a7 ,award year #bjbb-bjbc ,section #dja7;b77#g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7b77#g77 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 #ejj increase 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 increased by #ejj4 7b7 ,subsequent award years through #bjbi-bjcj 7#a7 ,in general ,section #dja7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7b771 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-- 7i7 in clause 7i71 by striking and after the semicolon2 7ii7 by redesignating clause 7ii7 as clause 7iii72 and 7iii7 by inserting after clause 7i7 the following3 7ii7 for each of award years #bjbc-bjbd through #bjbi-bjcj1 an additional #ejj2 and 2 and 7,b7 in paragraph 7#f77;,a7-- 7i7 in clause 7i7-- 7,i7 by striking appropriated7 such and inserting the following3 appropriated7-- 7,i7 such 2 and 7,,ii7 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 #bjbi2 and 2 and 7ii7 in clause 7ii71 by striking 7#e77;,a77ii7 and inserting 7#e77;,a77iii74 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect as if included in section #gjc of the ,,fafsa ,simplification ,act 7title ,,vii of division ,,ff of ,public ,law #aaf-bfj7 and in accordance with section #gja7;b7 of such ,act4 #bjjcb4 ,federal student aid eligibility ,section #dhd7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;a77#e77 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 under section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7 after becoming a citizen or permanent resident4 #bjjcc4 ,active duty deferment periods counted toward public service loan forgiveness ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7#b7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking paragraph 7#b7 and inserting paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,active duty deferment periods 7,a7 ,in general ,notwithstanding paragraph7#a77;,a7 and subject to subparagraph 7,b71 the ,secretary shall deem each month for which a loan payment was in deferment under subsection 7f77#b7 of this section or for which a loan payment was in forbearance under section #fhe4bje7;a77#g7 of title #cd1 ,code of ,federal ,regulations1 7or similar successor regulations71 for a borrower described in subsection 7f77#b77;,c7 as if the borrower of the loan had made a payment for the purpose of public service loan forgiveness under this subsection4 7,b7 ,limitation ,subparagraph 7,a7 shall apply only to eligible ,federal ,direct ,loans originated before the first day of fiscal year #bjca4 4 ,c ,investments in ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-,serving ,institutions #bjjda4 ,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 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbb1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,b77 in fiscal year #bjbb2 7#b7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbc1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,b77 in fiscal year #bjbc2 7#c7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbd1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,b77 in fiscal year #bjbd2 7#d7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbe1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,b77 in fiscal year #bjbe2 7#e7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,b77 in fiscal year #bjbf2 7#f7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbb1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,c77 in fiscal year #bjbb2 7#g7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbc1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,c77 in fiscal year #bjbc2 7#h7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbd1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,c77 in fiscal year #bjbd2 7#i7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbe1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,c77 in fiscal year #bjbe2 7#aj7 #aac1gch1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,c77 in fiscal year #bjbf2 7#aa7 #cd1ajd1jjj1 to remain available until ,september #cj1 #bjbb1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77i77 in fiscal year #bjbb2 7#ab7 #cd1ajd1jjj1 to remain available until ,september #cj1 #bjbc1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77i77 in fiscal year #bjbc2 7#ac7 #cd1ajd1jjj1 to remain available until ,september #cj1 #bjbd1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77i77 in fiscal year #bjbd2 7#ad7 #cd1ajd1jjj1 to remain available until ,september #cj1 #bjbe1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77i77 in fiscal year #bjbe2 7#ae7 #cd1ajd1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77i77 in fiscal year #bjbf2 7#af7 #ag1jeb1jjj1 to remain available until ,september #cj1 #bjbb1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77ii77 in fiscal year #bjbb2 7#ag7 #ag1jeb1jjj1 to remain available until ,september #cj1 #bjbc1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77ii77 in fiscal year #bjbc2 7#ah7 #ag1jeb1jjj1 to remain available until ,september #cj1 #bjbd1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77ii77 in fiscal year #bjbd2 7#ai7 #ag1jeb1jjj1 to remain available until ,september #cj1 #bjbe1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77ii77 in fiscal year #bjbe2 7#bj7 #ag1jeb1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77ii77 in fiscal year #bjbf2 7#ba7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbb1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iii7 in fiscal year #bjbb2 7#bb7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbc1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iii7 in fiscal year #bjbc2 7#bc7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbd1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iii7 in fiscal year #bjbd2 7#bd7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbe1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iii7 in fiscal year #bjbe2 7#be7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iii7 in fiscal year #bjbf2 7#bf7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbb1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iv7 in fiscal year #bjbb2 7#bg7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbc1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iv7 in fiscal year #bjbc2 7#bh7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbd1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iv7 in fiscal year #bjbd2 7#bi7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbe1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iv7 in fiscal year #bjbe2 and 7#cj7 #e1fhd1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,d77iv7 in fiscal year #bjbf2 7b7 ,use of funds ,the ,secretary shall use #ae percent of each of the amounts appropriated under paragraphs 7#f7 through 7#aj7 of subsection 7a7 to award #be additional grants under section #cga7;b77#b77;,c77ii74 #bjjdb4 ,research and ,development ,infrastructure ,competitive ,grant ,program ,title ,,iii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajea et seq47 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 minority-serving institutions #cha4 ,improving research development infrastructure for minority-serving institutions 7a7 ,eligible institution ,in this section1 the term eligible institution means 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 ,education4 7b7 ,authorization of grant programs 7#a7 ,planning grants ,the ,secretary shall award planning grants1 on a competitive basis1 to eligible institutions to assist the eligible institutions in developing a strategic plan1 assessing capacity1 and carrying out other activities to develop and submit an application for an implementation grant under paragraph 7#b7 to support research and development infrastructure4 ,planning grants awarded under this paragraph shall be for a period of #a to #b years4 7#b7 ,implementation grants ,the ,secretary shall award implementation grants1 on a competitive basis1 to eligible institutions to assist the eligible institutions in supporting research and development infrastructure4 ,implementation grants awarded under this paragraph shall be for a period of #a to #e years4 7c7 ,applications 7#a7 ,in general 7,a7 ,planning grants ,an eligible institution that desires to receive a planning grant under subsection 7b77#a7 shall submit an application to the ,secretary4 ,such application shall include-- 7i7 a description of the activities that will be carried out with grant funds2 and 7ii7 an assurance that the grant funds provided under subsection 7b77#a7 shall be used to supplement1 and not supplant1 other ,federal1 ,state1 tribal1 and local funds that would otherwise be expended to develop a plan1 assess capacity1 or carry out other activities related to research and development infrastructure4 7,b7 ,implementation grants 7i7 ,in general ,an eligible institution that desires to receive an implementation grant under subsection 7b77#b7 shall submit an application to the ,secretary4 ,such application shall include-- 7,i7 a description of the projects that will be carried out with grant funds and1 in the case of an institution that was previously awarded a planning grant under subsection 7b77#a71 the strategic plan developed as part of such planning grant2 7,,ii7 a description of how such projects will support the research and development infrastructure of the institution2 and 7,,iii7 an assurance that the grant funds provided under subsection 7b77#b7 shall be used to supplement1 and not supplant1 other ,federal1 ,state1 tribal1 and local funds that would otherwise be expended to support research and development infrastructure4 7#b7 ,consortia ,an eligible institution may apply to receive a grant under this section on behalf of a consortium1 which may include institutions classified as very high research activity by the ,carnegie ,classification of ,institutions of ,higher ,education1 two-year institutions of higher education1 and other academic partners1 philanthropic organizations1 and industry partners1 provided that the eligible institution is the lead member and fiscal agent of the consortium4 7#c7 ,no comprehensive development plan ,the requirement under section #cia7;b77#a7 shall not apply to grants awarded under this section4 7d7 ,priority in awards ,in awarding planning and implementation grants under this section1 the ,secretary shall give priority to eligible institutions that meet any of the following3 7#a7 ,received less than #aj1jjj1jjj for the previous fiscal year for research and development from all ,federal sources combined1 except that1 in the case of an eligible institution being considered for an implementation grant1 the calculation of such amount shall not include a planning grant under this section4 7#b7 ,in the case of eligible institutions being considered for an implementation grant1 have received a planning grant under this section and have developed and submitted to the ,secretary a high-quality strategic plan1 in accordance with the requirements of such planning grant4 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 plan1 assess capacity1 and carry out other activities to develop and submit an application for an implementation grant to support research and development infrastructure4 ,in carrying out the activities under such grant1 each such eligible institution-- 7,a7 shall develop a high-quality strategic plan for improving institutional research and development infrastructure that includes-- 7i7 an assessment of the existing institutional research capacity and research and development infrastructure2 and 7ii7 a detailed description of how research and development infrastructure funds provided by an implementation grant under this section would be used to increase institutional research capacity and support research and development infrastructure2 and 7,b7 in developing such strategic plan1 may work in partnership with entities described in subsection 7c77#b7 to identify and secure non-,federal funding to 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 funding for a program under paragraph 7#a71 7#b71 or 7#i7 of section #caa7;c7 or under paragraph 7#a71 7#b71 or 7#h7 of section #ejc7;b7 related to research and development infrastructure that is being carried out by the eligible institution on the date on which the eligible institution receives a grant under this section4 7,b7 ,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 or research facilities relating to the fields of science1 technology1 engineering1 the arts1 mathematics1 health1 agriculture1 education1 medicine1 law1 and other disciplines4 7,c7 ,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,d7 ,supporting research internships and fellowships for students1 including undergraduate1 graduate1 and post-doctoral positions1 which may include providing direct student financial assistance to such students4 7,e7 ,creating new1 or expanding existing1 academic positions1 including internships1 fellowships1 and post-doctoral positions1 in fields of research for which research and development infrastructure funds have been awarded under this section4 7,f7 ,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 staff1 purchasing supplies and equipment1 and funding travel to relevant conferences and seminars to support the work of such centers4 7,g7 ,building new institutional support structures and departments that help faculty learn about1 and increase faculty and student access to1 ,federal research and development grant funds and non-,federal academic research grants4 7,h7 ,building data and collaboration infrastructure so that early findings and research can be securely shared to facilitate peer review and other appropriate collaboration4 7,i7 ,providing programs of study and courses in fields of research for which research and development infrastructure funds have been awarded under this section4 7,j7 ,paying operating and administrative expenses for1 and coordinating project partnerships with members of1 a consortium described in subsection 7c77#b7 on behalf of which the eligible institution has received a grant under this section4 7,k7 ,installing or extending the life and usability of basic systems and components of campus facilities related to research1 including high-speed broadband internet infrastructure sufficient to support digital and technology-based learning4 7,l7 ,expanding1 remodeling1 renovating1 or altering biomedical and behavioral research facilities existing on the date of the grant award that receive support under section #djd;,i of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhck74 7,m7 ,acquiring and installing furniture1 fixtures1 and instructional research-related equipment and technology for academic instruction in campus facilities in fields of research for which research and development infrastructure funds have been awarded under this section4 7,n7 ,providing increased funding to programs that support research and development at the eligible institution that are funded by ,national ,institutes of ,health1 including the ,path to ,excellence and ,innovation program with the ,national ,institutes of ,health4 7f7 ,eligibility for ,benefits ,no individual shall be determined to be ineligible to receive benefits provided with grant funds awarded under this section 7including direct student financial assistance7 on the basis of citizenship1 alienage1 or immigration status4 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 7#bj ,u4,s4,c4 #abbf;a7 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 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out this section4 4 #c ,miscellaneous #bjjea4 ,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 #ce1jjj1jjj1 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 #bjjeb4 ,program administration funds ,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 #gch1jjj1jjj1 to remain available until expended1 for necessary administrative expenses associated with carrying out this subtitle and sections #bbaja and #bbajb4 #bjjec4 ,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 #ia1jjj1jjj1 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 subtitle4 ,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 activities4 7#e7 #aba1jjj1jjj to the ,office of ,workers' ,compensation ,programs for carrying out activities of the ,office relating to claims activity1 policy and standards development1 and monitoring of ,state workers' compensation programs4 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 carrying out the activities of the ,board1 of which not more than #e1jjj1jjj shall be for the implementation of systems to conduct electronic voting for union representation elections4 #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 ,additional penalties ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 is amended by inserting after section #ab 7#bi ,u4,s4,c4 #afb7 the following3 #ab;,a4 ,additional penalties 7a7 ,civil penalties for additional conduct ,any employer who violates subsection 7d7 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 a violation 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 subsection 7d7 that results in such discharge or other serious economic harm4 7b7 ,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 7c7 ,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 7d7 ,prohibition ,it shall be unlawful for an employer-- 7#a7 to promise1 threaten1 or take any action-- 7,a7 to permanently replace an employee who participates in a strike as defined by section #eja7b7 of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb7b772 7,b7 to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a strike2 or 7,c7 to lockout1 suspend1 or otherwise withhold employment from employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a strike2 7#b7 to communicate or misrepresent to an employee under section #b7c7 that such employee is excluded from the definition of employee under section #b7c72 7#c7 to require or coerce an employee to attend or participate in such employer's campaign activities unrelated to the employee's job duties1 including activities that are subject to the requirements under section #bjc7;b7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;b772 or 7#d7 to violate subsection 7e74 7e7 ,collective action 7#a7 ,in general ,no employer shall-- 7,a7 enter into or attempt to enforce any agreement1 express or implied1 whereby prior to a dispute to which the agreement applies1 an employee undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee in any forum that1 but for such agreement1 is of competent jurisdiction2 7,b7 coerce an employee into undertaking or promising not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee2 or 7,c7 retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee4 7#b7 ,exception ,this subsection shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization4 7f7 ,enforcement ,the provisions of section #aj and #aa shall apply to a violation of this section in the same manner as such provisions apply to an unfair labor practice1 except that-- 7#a7 an order under section #aj with respect to a violation of this section-- 7,a7 shall require only that the person in such violation pay a civil penalty under subsection 7a72 and 7,b7 shall not include a requirement for a person to cease and desist such violation or any form of affirmative action other than the payment of such penalty2 7#b7 a petition under subsection 7e7 of section #aj with respect to a violation of this section may be only for enforcement of an order for the payment of a civil penalty under subsection 7a72 7#c7 a petition under subsection 7f7 of section #aj with respect to a violation of this section may be only for review of an order for the payment of such a civil penalty2 and 7#d7 a court under section #aj may not grant any form of relief1 including temporary relief1 a restraining order1 or any other form of injunctive relief1 for a violation of this section other than a decree to enforce1 modify1 or set aside in whole or in part an order of the ,board imposing a civil penalty under subsection 7a7 for a violation of this section4 4 7c7 ,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 ,in general ,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 #af1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 which shall be reserved and allotted to ,states in accordance with subsection 7b77#b7 of section #acb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb71 reserved and allocated to local areas in accordance with subsections 7a7 and 7b77#a77;,b7 of section #acc of such ,act 7#bi ,u4,s4,c4 #cagc71 and reserved by such local areas as follows3 7#a7 ,not less than #bj percent shall be reserved for carrying out the career services authorized under subsection 7c77#b7 of section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7 and expanding access to the individualized career services described in section #acd7;c77#b77;,a77xii7 of such ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77;,a77xii774 7#b7 ,not less than #bj percent shall be reserved for carrying out the supportive services and providing the needs-related payments authorized under paragraphs 7#b7 and 7#c7 of section #acd7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d771 except that for purposes of the reservation under this paragraph the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#c7 of such section shall not apply2 and 7#c7 ,not less than #ej percent shall be reserved for carrying out the training services-- 7,a7 of which1 not less than #fj percent shall be made available for individual training accounts authorized under section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c774 7,b7 except that for purposes of providing transitional jobs as part of those services under this section1 section #acd7;d77#e7 of such ,act 7#bi ,u4,s4,c4 #cagd7;d77#e77 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 ,act 7#bi ,u4,s4,c4 #caja et seq474 #bbjjb4 ,adult worker employment and training activities 7a7 ,in general ,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 #ae1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 which shall be reserved and allotted to ,states in accordance with subsection 7b77#a7 of section #acb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb71 reserved and allocated to local areas in accordance with subsections 7a7 and 7b77#a77;,a7 of section #acc of such ,act 7#bi ,u4,s4,c4 #cagc71 and reserved by such local areas as follows3 7#a7 ,not less than #bj percent shall be reserved for carrying out the career services authorized under subsection 7c77#b7 of section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7 and expanding access to the individualized career services described in section #acd7;c77#b77;,a77xii7 of such ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77;,a77xii774 7#b7 ,not less than #aj percent shall be reserved for carrying out the supportive services and providing the needs-related payments authorized under paragraphs 7#b7 and 7#c7 of section #acd7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d774 7#c7 ,not less than #ej percent shall be reserved for carrying out the training services-- 7,a7 of which1 not less than #fj percent shall be made available for individual training accounts or contracts authorized under of section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c772 and 7,b7 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 the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77;,a77i77 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 ,act 7#bi ,u4,s4,c4 #caja et seq474 #bbjjc4 ,youth workforce investment activities 7a7 ,in general ,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 #i1jed1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 which shall be reserved and allotted to ,states in accordance with subparagraphs 7,b7 and 7,c7 of section #abg7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafb7;b77#a771 reserved and allocated to local areas in accordance with subsections 7a7 and 7b7 of section #abh of such ,act 7#bi ,u4,s4,c4 #cafc71 and reserved by such local areas as follows3 7#a7 #be percent shall be reserved for carrying out the youth workforce investment activities authorized under section #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd et seq474 7#b7 #ge percent shall be reserved to provide opportunities for in-school youth and out-of-school youth to participate in paid work experiences described in subsection 7c77#b77;,c7 of section #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd74 7b7 ,partnerships ,not less than #bj percent of amounts made available under subsection 7a7 shall be used by local areas to partner with community-based organizations serving out-of-school youth to carry out activities described in paragraphs 7#a7 and 7#b7 of subsection 7a71 including those residing in high-crime or high-poverty areas4 7c7 ,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 ,act 7#bi ,u4,s4,c4 #caja et seq474 #bbjjd4 ,employment service ,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 until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca 7#a7 #a1bej1jjj1jjj for carrying out the ,state grant activities authorized under section #g of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f71 which shall be allotted in accordance with section #f of such ,act 7#bi ,u4,s4,c4 #di;e71 except that1 for purposes of this section1 funds shall also be provided to the ,commonwealth of the ,northern ,mariana ,islands and ,american ,samoa in amounts the ,secretary determines appropriate prior to the allotments being made in accordance with section #f of such ,act 7#bi ,u4,s4,c4 #di;d74 7#b7 #ajj1jjj1jjj for carrying out improvements to the workforce and labor market information systems authorized under section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b74 #bbjje4 ,re-entry employment opportunities ,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 #c1fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out ex-offender activities1 under the authority of section #afi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd74 ,not less than #be percent of such funds shall be for competitive grants to national and regional intermediaries for activities that prepare for employment of young adults with criminal records1 young adults who have been justice system-involved1 or young adults who have dropped out of school or other educational programs1 with a priority for projects serving high-crime1 high-poverty areas4 #bbjjf4 ,registered apprenticeships1 youth apprenticeships1 and pre-apprenticeships 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 to carry out activities through grants1 cooperative agreements1 contracts or other arrangements1 with ,states and other appropriate entities1 including equity intermediaries and business and labor industry partner intermediaries1 to create or expand only-- 7#a7 apprenticeship programs registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq472 and 7#b7 youth apprenticeship programs and pre-apprenticeship programs that articulate to apprenticeship programs described in paragraph 7#a74 7b7 ,reservation ,not less than #ej percent of the funds made available under section 7a7 shall be reserved for-- 7#a7 entities serving a high number or high percentage of individuals with barriers to employment 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 including individuals with disabilities1 or nontraditional apprenticeship populations2 or 7#b7 youth apprenticeships or pre-apprenticeships that articulate to such registered apprenticeships programs4 #bbjjg4 ,community college and industry partnership grants 7a7 ,definitions ,in this section-- 7#a7 ,eligible institution ,the term eligible institution means an institution of higher education 7as defined in section #aja or #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja1 #ajjb7;c771 including a ,tribal ,college or ,university 7as defined in section #caf of such ,act 7#bj ,u4,s4,c4 #ajei;c771 or a consortium of such institutions-- 7,a7 at which the highest degree awarded is an associate degree2 or an associate degree is the predominant degree awarded2 and 7,b7 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#b7 ,perkins cte definitions ,the terms career and technical education1 career guidance and academic counseling 1 dual or concurrent enrollment program1 evidence-based and work-based learning have the meanings given the terms in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#c7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 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 integrated education and training1 recognized postsecondary credential and supportive services have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7,b7 ,career services ,the term career services means services described in section #acd7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b774 7b7 ,in general ,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 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 to carry out this section4 7c7 ,grants ,from funds appropriated under subsection 7b7 and not reserved under subsection 7e71 and under the authority of section #afi7;b77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7;b77#e771 the ,secretary shall award grants on a competitive basis to eligible institutions for the purposes of expanding workforce development and employment opportunities in high-skill1 high-wage1 or in-demand industry sectors or occupations4 ,to receive such a grant1 an eligible institution shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as specified by the ,secretary1 including a description of the related programs1 recognized postsecondary credentials1 and employment opportunities4 7d7 ,use of grant funds 7#a7 ,in general ,an eligible institution awarded a grant under this section shall use such grant funds to expand opportunities for attainment of recognized postsecondary credentials that are nationally portable and stackable for high-skill1 high-wage1 or in-demand industry sectors or occupations by-- 7,a7 establishing1 improving1 or scaling high-quality1 evidence-based education and training programs1 such as career and technical education programs1 career pathway programs1 and work-based learning programs 7including programs of registered apprenticeships or pre-apprenticeships that articulate to registered apprenticeships72 7,b7 creating1 developing1 or expanding articulation agreements 7as defined in section #dhf;,a7a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajic;a7a7771 credit transfer agreements1 corequisite remediation programs1 dual or concurrent enrollment programs1 or policies and processes to award academic credit for prior learning or career training programs supported by the funds described in subsection 7c72 7,c7 making available open1 searchable1 and comparable information on curriculum or recognized postsecondary credentials1 including those created or developed using such funds1 and information on the related skills or competencies1 and related employment and earnings outcomes2 7,d7 establishing or implementing plans for providers of programs supported with such funds to be included on the eligible training services provider list described in section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d772 7,e7 purchasing1 leasing1 or refurbishing specialized equipment necessary to carry out the education or career training programs supported by such funds2 7,f7 reducing or eliminating out-of-pocket expenses related to participants' cost of attendance in the education or career training activities supported by such funds2 or 7,g7 establishing or expanding industry or sector partnerships to successfully carry out the activities described in subparagraphs 7,a7 through 7,f74 7#b7 ,reservation ,an eligible institution awarded a grant under this section shall use not less than #ae percent of such grant funds to provide services to help individuals with barriers to employment complete and successfully transition out of education or career training programs supported by such funds1 which shall include providing supportive services1 career services1 career guidance and academic counseling1 or job placement assistance4 7e7 ,reservations ,from the amounts made available under subsection 7b71 the ,secretary shall reserve not more than #e percent for-- 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 section2 7#b7 administration of the program described in this section1 including providing technical assistance and oversight to support eligible institutions 7including consortia of eligible institutions72 and 7#c7 evaluating and reporting on the performance and impact of programs funded under this section4 7f7 ,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 community college education or career training programs4 #bbjjh4 ,industry or sector partnership grants 7a7 ,in general ,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 #aj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 to carry out this section4 7b7 ,grants ,from amounts appropriated under subsection 7a7 and not reserved under subsection 7d71 and under the authority of section #afi7;b77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7;b77#e771 the ,secretary shall award grants on a competitive basis to eligible partnerships for the purposes of expanding workforce development and employment opportunities for high-skill1 high-wage1 or in-demand industry sectors or occupations1 including information technology1 clean energy1 arts and entertainment1 infrastructure and transportation1 advanced manufacturing1 health care1 public health1 home care1 and early childhood care and education4 ,to receive such a grant1 an eligible partnership shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as specified by the ,secretary4 7c7 ,uses of funds ,an eligible partnership awarded such a grant under this section shall use-- 7#a7 such grant funds to engage and regularly convene stakeholders in a collaborative structure to identify1 develop1 improve1 or expand training1 employment1 and growth opportunities for the high-skill1 high-wage1 or in-demand industry sector or occupation on which such partnership is focused2 7#b7 not less than #ej percent of such grant funds to directly provide1 or arrange for the provision of1 high-quality1 evidence-based training for the high-skill1 high-wage1 or in-demand industry sector or occupation on which such partnership is focused1 which shall include-- 7,a7 training services described in any clause of subparagraph 7,d7 of section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c777 provided through contracts that meet the requirements of that section #acd7;c77#c72 or 7,b7 training provided through registered apprenticeship programs1 youth apprenticeship1 or pre-apprenticeship programs that articulate to registered apprenticeship programs1 or through joint labor-management partnerships2 and 7,c7 establishing or implementing plans for providers of programs supported with such funds to be included on the eligible training services provider list described in section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d774 7#c7 not less than #ae percent of such grant funds to directly provide1 or arrange for the provision of1 services to help individuals with barriers to employment complete and successfully transition out of training described in paragraph 7#b71 which services shall include career services1 supportive services1 or the provision of needs-related payments authorized under subsections 7c77#b71 7d77#b71 and 7d77#c7 of section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd74 7d7 ,reservations 7#a7 ,in general ,from the amounts made available under subsection 7a71 the ,secretary shall reserve not more than #e percent for-- 7,a7 targeted outreach and support to eligible partnerships serving local areas with high unemployment rates or high percentages of individuals with low incomes or individuals with barriers to employment1 to provide guidance and assistance in the grant 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 7#b7 ,state board or local board funds ,from amounts made available under subsection 7a71 the ,secretary shall reserve not less than #e percent to provide direct assistance to ,state boards or local boards to support the creation or expansion of industry or sector partnerships in local areas with high unemployment rates or high percentages of individuals with low incomes or individuals with barriers to employment1 as compared to ,state or national averages for such rates or percentages4 7e7 ,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 7f7 ,definitions ,in this section3 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 ,act 7#bi ,u4,s4,c4 #cajb72 or 7,b7 a partnership of multiple entities described in section #c7bf7 of such ,act 7#bi ,u4,s4,c4 #cajb7bf771 and a ,state board or local board1 that is in the process of establishing an industry or sector partnership4 7#b7 ,perkins cte definitions ,the terms career guidance and academic counseling and evidence-based have the meanings given the terms in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#c7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#e7 ,wioa definitions ,the terms career pathway1 in-demand industry sector or occupation1 individual with a barrier to employment1 industry or sector partnership1 local area1 local board1 and ,state board have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 #bbjji4 ,job ,corps ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,job ,corps program authorized under section #adc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caic71 including improving and expanding access to allowances and supports described in section #aej of such ,act 7#bi ,u4,s4,c4 #cbjj71 except that for the purposes of this section1 outlying areas as defined in section #c of such ,act 7#bi ,u4,s4,c4 #cajb7 shall be considered eligible to receive funds under this section4 ,of such funds1 no less than #gej1jjj1jjj shall be reserved for construction1 rehabilitation and acquisition of ,job ,corps ,centers4 #bbjaj4 ,native ,american programs ,in addition to amounts otherwise made 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 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,native ,american programs authorized under the ,workforce ,innovation and ,opportunity ,act4 #bbjaa4 ,migrant and seasonal farmworker programs ,in addition to amounts otherwise made 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 except that no amounts may be expended after ,september #cj1 #bjca1 for the migrant and seasonal farmworker programs authorized under ,workforce ,innovation and ,opportunity ,act1 except that1 for purposes of providing services under those programs to low-income individuals under this section1 section #c7cf77;,a77ii77,i7 of such ,act 7#bi ,u4,s4,c4 #cajb7cf77;,a77ii77,i77 shall be applied by substituting #aej percent of the poverty line for the poverty line4 #bbjab4 ,youthbuild program ,in addition to amounts otherwise made 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 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,youth,build program authorized under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf71 including for the purposes of improving and expanding access to services1 stipends1 wages1 and benefits described in subsections 7c77#b77;,a77vii7 and 7c77#b77;,f7 of section #aga of such ,act4 #bbjac4 ,senior community service employment program ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,senior ,community ,service ,employment program authorized under title ,v of the ,older ,americans ,act 7#db ,u4,s4,c4 #cjef et seq474 #bbjad4 ,program administration ,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 #gbj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 except that no amounts may be expended after ,september #cj1 #bjca1 for program administration within the ,department of ,labor for salaries and expenses necessary to implement this part1 parts #c and #d1 and section #bbdjb of part #e of this subtitle1 including for management1 legal1 or other support necessary to implement such parts or section4 #b ,department of ,education #bbaja4 ,adult education and literacy 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 to carry out title ,,ii of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 which shall be reserved1 and granted and allotted to eligible agencies in accordance with subsections 7a71 7b71 and 7c7 of section #baa of such ,act1 respectively4 7b7 ,requirement ,with respect to each eligible agency that receives funds appropriated by this section1 for each fiscal year for which such eligible agency receives such funds1 section #bbb7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccjb7;a77#a77 the shall be applied by substituting not less than #aj percent for not more than #bj percent4 #bbajb4 ,career and technical education 7a7 ,in general ,in addition to amounts otherwise made 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 #bjbh3 7#a7 #c1jjj1jjj1jjj 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 #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 which shall be allotted in accordance with section #aaa and section #aab of such ,act 7#bj ,u4,s4,c4 #bcba1 #bcbb71 except that subsection 7b7 of section #aab of such ,act 7#bj ,u4,s4,c4 #bcbb7 shall not apply4 7#b7 #a1jjj1jjj1jjj for carrying out the innovation and modernization program described in subsection7e7 of section #aad of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbd7;e771 except that for purposes of this paragraph-- 7,a7 the #bj percent limitation in paragraph 7#a7 of such subsection1 and paragraph 7#b7 of such subsection1 shall not apply2 and 7,b7 eligible agencies 7as defined in section #c of such ,act7 shall be eligible to receive grants under section #aad7;e7 of such ,act4 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 the funds provided under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq474 #c ,competitive integrated employment transformation grant program #bbbja4 ,competitive integrated employment transformation grant program 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,labor1 #cjj1jjj1jjj for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended1 for the ,secretary of ,labor 7referred to in this section as the ,secretary7 to award grants to ,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 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 employment and to cover any administrative costs associated with such grants4 7b7 ,reservations and allotments2 duration of awards 7#a7 ,reservations 7,a7 ,allotments to non-covered ,states 7i7 ,in general ,the ,secretary shall reserve #aj percent of the amount appropriated by subsection 7a7 to award grants1 in accordance to clause 7ii71 to ,states described in subsection 7c77#c7 that submit an application under subsection 7c7 meeting the applicable requirements of such subsection4 7ii7 ,allotment amount ,the ,secretary shall allot grants to each ,state under clause 7i7 a grant in an amount that bears the same relationship to the total amount reserved under clause 7i7 as the population of the ,state bears to the total population of all ,states described in such clause4 7,b7 ,national technical assistance center ,the ,secretary shall use #b percent of the amounts appropriated in subsection 7a7 to establish1 either directly or through grants1 contracts1 or cooperative agreements1 a national technical assistance center to provide technical assistance to employers who are transforming from employing people with disabilities using special certificates to providing competitive integrated employment and to collect and disseminate evidence-based practices with respect to the transformations and in providing competitive integrated employment and integrated services4 7#b7 ,allotments to covered ,states 7,a7 #ae or more covered ,states 7i7 ,in general ,in the case that1 as of a date determined appropriate by the ,secretary1 there are #ae or more covered ,states the ,secretary shall allot to each covered ,state a grant in an amount equal to the sum of the allotted to such ,state under clauses 7ii7 and 7iii74 7ii7 ,allotment based on number of employees under special certificates ,from the total amount that is #gj percent of the funds appropriated under subsection 7a7 and not reserved under paragraph 7#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 7iii7 ,allotment based on employers with special certificates ,from the total amount that is #cj percent of the funds appropriated under subsection 7a7 and not reserved under paragraph 7#a71 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,b7 #ad or fewer covered ,states ,in the case that1 as of the date determined appropriate by the ,secretary under subparagraph 7,a71 there are fewer than #ae covered ,states1 the ,secretary shall award grants to each covered ,state on a competitive basis in an amount that the ,secretary determines necessary to accomplish the purpose of the grant described in subsection 7a74 7,c7 ,covered ,state ,in this subsection1 the term covered ,state means a ,state that-- 7i7 is not described in subsection 7c77#c72 and 7ii7 submits an application under subsection 7c7 that meets the applicable requirements under such subsection4 7#c7 ,duration of awards ,a grant under this section shall be awarded for a period of #e years4 7#d7 ,cutoff ,the ,secretary may not issue a grant under this subsection after ,september #cj1 #bjbe4 7c7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under this section1 a ,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 ,in the case of a ,state not described in paragraph 7#c71 an application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the status of the employers in the ,state providing employment using special certificates1 which may include-- 7i7 the number of employers in the ,state using special certificates to employ and pay people with disabilities2 7ii7 the number of employees in the ,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 ,state with respect to competitive integrated employment for people with disabilities2 and 7,c7 assurances that-- 7i7 the activities carried out under the grant will1 by not later than the end of the #e-year grant period1 result in-- 7,i7 each employer in the ,state voluntarily ceasing to use special certificates by the end of the #e-year grant period and no longer applying for or renewing such certificates2 or 7,,ii7 in the case of an employer in the ,state that1 as of the date of enactment of this ,act1 provides employment using special certificates1 the employer-- 7aa7 transforms its business and program models as described in subsection 7d77#a77;,a72 or 7bb7 ceases providing specialized employment services for people with disabilities2 and 7ii7 each individual in the ,state who is employed under a special certificate on or after the date of enactment will be employed in competitive integrated employment or a combination of competitive integrated employment and integrated 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 the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the rate specified in the applicable ,state or local minimum wage law1 or the applicable prevailing wage rate under the ,mc,namara-,o',hara ,service ,contract ,act 7#da ,u4,s4,c4 #fgja et seq472 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 ,state will establish an advisory council described in subsection 7e7 to monitor and guide the process of transforming business and program models of employers in the ,state as described in subsection 7d77#a77;,a74 7#c7 ,applications for ,states receiving amount from reservation ,in the case of a ,state that1 as of the date of enactment of this ,act1 is determined by the ,secretary to have phased out or to be in the process of phasing out the use of special certificates in the ,state1 an application under this subsection from such ,state shall include only the information described in paragraph 7#b77;,b74 7d7 ,use of funds 7#a7 ,in general ,in the case of a ,state not described in paragraph 7#b71 such ,state 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 subparagraph 7,a74 7#b7 ,states receiving amount from reservation ,a ,state that1 as of the date of enactment of this ,act1 is determined by the ,secretary to have phased out or to be in the process of phasing out the use of special certificates in the ,state1 shall use the grant funds for expansion of competitive integrated employment and integrated services to be provided to people with disabilities4 7e7 ,members of the advisory council ,a ,state receiving a grant under this section shall1 for the purpose described in subsection 7c77#b77;,c77iii71 establish an advisory council composed of the following3 7#a7 ,people with disabilities1 including people with intellectual or developmental disabilities and people with mental health disabilities1 who are or were employed under a special certificate1 who shall comprise not less than #be percent of the members of such advisory council4 7#b7 ,family members of a person with an intellectual1 developmental1 or mental health disability who is or was employed under a special certificate or is employed in competitive integrated employment4 7#c7 ,an employer providing competitive integrated employment4 7#d7 ,an employer providing employment under special certificates4 7#e7 ,representatives of relevant ,state agencies with expertise in competitive integrated employment1 disability organizations with such expertise1 and disability related offices and groups with such expertise4 #bbbjb4 ,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 ,employee2 employer ,the terms employee and employer have the meanings given such terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#c7 ,integrated community participation and wraparound services2 integrated services ,the terms integrated community participation and wraparound services or integrated services mean 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#d7 ,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#e7 ,state ,the term ,state has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc774 #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 evidence-based and work-based learning have the meanings given such terms in 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 in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#c7 ,other definitions 7,a7 ,career and technical education school ,the term career and technical education school has the meaning given the term eligible recipient in section #c of the #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7,b7 ,direct care worker ,the term direct care worker means-- 7i7 a direct support professional2 7ii7 any worker who provides direct care services in 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 palliative care worker2 7v7 a direct care worker1 as defined in section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #giep72 or 7vi7 an individual in any other position or job related to those described in clauses 7i7 through 7vi71 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,c7 ,eligible entity ,the term eligible entity means an entity that is-- 7i7 a ,state2 7ii7 a labor organization1 a joint labor-management organization1 or a ,multi-,employer ,training and ,education ,fund2 7iii7 a nonprofit organization with experience in aging1 disability1 supporting the rights and interests of direct care workers1 or training or educating direct care workers2 7iv7 an ,indian ,tribe or ,tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7v7 an urban ,indian organization 7as defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc772 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-- 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 a career and technical education school2 or 7ix7 a consortium of entities listed in any of clauses 7i7 through 7vii74 7,d7 ,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,e7 ,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,f7 ,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,g7 ,pre-apprenticeship program ,the term pre-apprenticeship program means a program that articulates to a registered apprenticeship program4 7,h7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7,i7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7,j7 ,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 #a1dhj1jjj1jjj1 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 care 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 care workers the entity plans to serve through the activities supported by the grant2 7ii7 a description of the one or more eligible partnering entities collaborating to carry out the activities described in subsection 7c72 7iii7 an assurance that-- 7,i7 the eligible entity will establish a consultative process1 as described in subsection 7c77#b72 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 entity2 and 7iv7 a plan for ensuring that the eligible entity will remain neutral in any organizing effort involving direct care workers served by the grant who seek to form1 join1 or assist a labor organization4 7#b7 ,consideration ,in awarding grants under subsection 7a71 the ,secretary1 in coordination with the ,secretary of ,health and ,human services acting through the ,administrator of the ,administration for ,community ,living1 shall ensure equitable geographic diversity in distribution of the grants1 including by selecting recipients in rural areas and selecting recipients in urban areas4 7#c7 ,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 ,in general 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 care 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 subparagraph 7,a71 each eligible entity receiving a grant under subsection 7a7 shall use the grant funds for one or more of the following activities3 7i7 ,developing and implementing a strategy for the recruitment of direct care workers4 7ii7 ,developing and implementing a strategy for the retention of direct care workers using evidence-based best practices1 such as providing mentoring to such workers4 7iii7 ,developing or implementing an education and training program for the direct care workers served by the grant1 which shall include-- 7,i7 education and training on-- 7aa7 the rights of direct care workers under applicable ,federal1 ,state1 or local employment law on-- 7,,aa7 wages and hours1 including under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,,bb7 safe working conditions1 including under the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7,,cc7 forming1 joining1 or assisting a labor organization1 including under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec et seq472 and 7,,dd7 other applicable terms and conditions of employment2 and 7bb7 relevant ,federal and ,state laws 7including regulations7 on the provision of home and community-based services2 and 7,,ii7 providing a progressively increasing1 clearly defined schedule of hourly wages to be paid to each direct care worker served by the grant for each hour the worker spends on education or training provided through the program described in this clause1 with a schedule of hourly wages that-- 7aa7 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 7bb7 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 7,,iii7 developing and implementing a strategy for the retention and career advancement of the direct care workers served by the grant1 including providing career planning for the direct care workers served by the grant to support the identification of advancement opportunities1 and career pathways in the direct care or home care sectors2 and 7,,iv7 using evidence-based models and standards for achievement for the attainment of any associated recognized postsecondary credentials1 which include-- 7aa7 supporting opportunities to participate in pre-apprenticeship or registered apprenticeship programs1 work-based learning1 or on-the-job training2 7bb7 providing on-the-job supervision or mentoring to support the development of related skills and competencies throughout completion of such credentials2 and 7cc7 training on the in-demand skills and competencies of direct care workers served by the grant1 including the provision of culturally competent and disability competent supports and services4 7#b7 ,consultation ,each eligible entity receiving a grant under this section shall consult in the development and implementation of the grant with-- 7,a7 individuals with disabilities2 7,b7 older individuals2 7,c7 direct care workers2 7,d7 family caregivers1 guardians1 or family members2 or 7,e7 representatives of-- 7i7 organizations representing the rights and interests of people receiving home and community-based services2 7ii7 provider agencies or employers of direct care workers served by the grant2 7iii7 labor or joint labor-management organizations1 or advocacy organizations1 representing direct care workers served by the grant2 or 7iv7 institutions of higher education or career and technical education schools providing education and training on direct care4 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 care workers in the ,state served by the grant4 #e ,workforce ,development ,programs in ,support of ,communities and the ,environment #bbdja4 ,corporation for ,national and ,community ,service 7a7 ,in general 7#a7 ,ameri,corps ,state and ,national programs 7,a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #a1cje1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out national service programs authorized under section #abb7;a77#c77;,b7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abegb7;a77#c77;,b77 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 to support national service programs authorized under the ,ameri,corps ,state and ,national program 7whether or not the entities are already grant recipients under such provisions on the date of enactment of this ,act7 and to increase the living allowances of participants in national service programs4 7,b7 ,waiver of matching requirement ,for the purposes of carrying out this subparagraph1 the ,corporation shall waive any match requirement in whole or in part where a grantee demonstrates such waiver would increase access and remove barriers for organizations that serve communities that are adversely affected by persistent poverty1 discrimination1 or inequality4 7#b7 ,national ,civilian ,community ,corps ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 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 #bjbg1 for carrying out the ,national ,civilian ,community ,corps authorized under section #aeb of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfab74 7#c7 ,volunteers in ,service to ,america program ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out the ,volunteers in ,service to ,america 7,,vista7 program for the purposes described in section #aja of the ,domestic ,volunteer ,service ,act of #aigc 7#db ,u4,s4,c4 #diea71 including to increase the living allowances of volunteers1 described in section #aje7;b7 of such ,act 7#db ,u4,s4,c4 #diee74 7#d7 ,state commissions ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to make adjustments to existing 7as of the date of enactment of this ,act7 awards and new and additional awards1 including awards to ,state ,commissions on ,national and ,community ,service1 under section #abf7;a7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abegf7;a774 7#e7 ,use of funds ,amounts made available under paragraphs 7#a7 through 7#d7 shall be used by the ,corporation for ,national and ,community ,service to carry out activities described in section #abb7;a77#c77;,b7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abegb7;a77#c77;,b77 and for activities related to environmental resiliency1 remediation1 or mitigation by-- 7,a7 ensuring at least #ej percent of such funds are awarded to entities that serve1 and have representation from1 low-income communities1 ,tribal1 ,alaska ,native1 or ,native ,hawaiian communities1 or communities experiencing 7or at risk of experiencing7 adverse health and environmental conditions2 7,b7 taking into account the diversity of communities served by such entities and the diversity of ,ameri,corps members serving in these projects1 including racial1 ethnic1 socioeconomic1 linguistic1 or geographic diversity1 and utilizing culturally competent and multilingual strategies in the provision of services to communities and in the recruitment of members2 7,c7 supporting projects that are planned and implemented with the community served by such activities2 7,d7 providing participants with workforce development opportunities such as pre-apprenticeship programs that articulate to registered apprenticeships1 and pathways to post-service employment in high-quality jobs or registered apprenticeships2 and 7,e7 coordinating with and providing resources to the ,departments of ,labor and ,education to improve the readiness of participants to transition to high-quality jobs or further education4 7b7 ,administrative costs 7#a7 ,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 to the ,corporation for ,national and ,community ,service1 #aii1fej1jjj1 to remain available until ,september #cj1 #bjbg1 which shall be used for administrative expenses as provided under section #eja7;a77#e7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfha7;a77#e77 and under section #ejd7;a7 of the ,domestic ,volunteer ,service ,act of #aigc 7#db ,u4,s4,c4 #ejhd7;a771 including an evaluation of the ,corporation's information technology security1 corrective actions to address recommendations arising from audits of the agency and the ,national ,service ,trust1 and1 in consultation with the ,inspector ,general1 the development of grant fraud prevention and detection controls and risk-based anti-fraud grant monitoring4 ,not less than #e percent of funds under this paragraph shall be reserved for outreach to and recruitment of members from communities traditionally underrepresented in the programs and activities funded under this section4 7#b7 ,project1 operations1 and management plan ,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 #cej1jjj1 to remain available until ,september #cj1 #bjbc1 which shall be used by the ,chief ,executive ,officer of the ,corporation for ,national and ,community ,service in collaboration with the ,department of ,labor1 to develop1 issue1 and implement a project1 operations1 and management plan for funds appropriated under this section4 ,in developing the financial management portion of the plan1 the ,chief ,executive ,officer shall consult with the ,inspector ,general4 ,such plan shall be provided to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate prior to obligating funds or making outlays for funds appropriated under subsection 7a74 7c7 ,office of inspector 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 to the ,office of ,inspector ,general of the ,corporation for ,national and ,community ,service1 #ae1jjj1jjj to remain available until ,september #cj1 #bjcj1 which shall be used by the ,office of ,inspector ,general of the ,corporation for ,national and ,community ,service for salaries and expenses necessary for oversight and audit of programs1 activities and operations funded under this section4 7d7 ,national service trust ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,national ,service ,trust1 #bfj1jjj1jjj1 to remain available until expended1 for-- 7#a7 administration of the ,national ,service ,trust2 and 7#b7 payment to the ,trust for the provision of educational awards pursuant to section #ade7;a77#a77;,a7 and section #adh of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfja7;a77#a77;,a72 #abfjd74 #bbdjb4 ,department of ,labor 7a7 ,in general 7#a7 ,youthbuild program ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,labor1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,youth,build program authorized under section #aga7;c77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;c77#a771 including for the purposes of improving and expanding access to services1 stipends1 wages1 and benefits described in subsections 7c77#b77;,a77vii7 and 7c77#b77;,f7 of section #aga of such ,act4 7#b7 ,job ,corps program ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,labor1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,job ,corps program authorized under section #adc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caic et seq471 including ,civilian ,conservation ,centers as described in section #adg7;d77#a7 of such ,act 7#bi ,u4,s4,c4 #caig7 and for the purposes of improving and expanding access to allowances and supports described in section #aej of such ,act 7#bi ,u4,s4,c4 #cbjj74 7#c7 ,ex-offender activities ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,labor1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 except that no amounts may be expended after ,september #cj1 #bjca1 for ex-offender activities under the authority of section #afi7;b77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7;b77#e774 7#d7 ,apprenticeship programs ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,labor1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 except that no amounts may be expended after ,september #cj1 #bjca1 to carry out activities through grants1 cooperative agreements1 contracts or other arrangements1 with ,states and other appropriate entities1 including equity intermediaries and business and labor industry partner intermediaries1 to create or expand only apprenticeship programs registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 youth apprenticeship programs1 and pre-apprenticeship programs articulating to apprenticeship programs registered under such ,act4 7#e7 ,paid youth employment activities ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbc1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,labor1 #bdi1hjj1jjj1 to remain available until ,september #cj1 #bjcj1 except that no amounts may be expended after ,september #cj1 #bjca1 for paid youth employment activities under the authority of section #afi7;b77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7;b77#e77 for in-school and out-of-school youth as defined in section #c of such ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,use of funds ,amounts made available under paragraphs 7#a7 through 7#h7 of subsection 7a7 shall be used for activities to include training for careers in industry sectors and occupations related to environmental resiliency1 remediation1 or mitigation and activities to increase diversity within such industry sectors and occupations1 taking into account the diversity of communities and participants served by such programs1 including racial1 ethnic1 socioeconomic1 linguistic1 or geographic diversity4 7c7 ,project1 operations1 and management plan ,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 ,department of ,labor1 #bjj1jjj1 to remain available until ,september #cj1 #bjbc1 which shall be used by the ,secretary of ,labor in collaboration with the ,chief ,executive ,officer of the ,corporation for ,national and ,community ,service1 to develop and issue a project1 operations1 and management plan for funds appropriated under this section4 ,such plan shall be provided to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate prior to obligating funds or making outlays for funds appropriated under subsection 7a74 #f ,department of ,labor ,inspector ,general funding #bbeja4 ,department of ,labor ,inspector ,general funding ,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 #ajj1jjj1jjj1 to remain available until expended 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 ,d ,child ,care and ,universal ,pre-,kindergarten #bcjja4 ,birth through five child care and early learning entitlement 7a7 ,short title ,this section may be cited as the ,birth ,through ,five ,child ,care and ,early ,learning ,entitlement ,act4 7b7 ,definitions 7#a7 ,in general ,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 subparagraph 7#b7 and as otherwise specified4 7#b7 ,additional terms ,in this section3 7,a7 ,child care certificate 7i7 ,in general ,the term child care certificate means a certificate 7that may be a check or other disbursement7 that is issued by a ,state or local government under this section directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider4 7ii7 ,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-- 7i7 full-time or part-time employment2 7ii7 self-employment2 7iii7 job search activities2 7iv7 job training2 7v7 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 7vi7 health treatment 7including mental health and substance use treatment7 for a condition that prevents the parent from participating in other eligible activities2 7vii7 activities to prevent child abuse and neglect1 or family violence prevention or intervention activities2 7viii7 employment and training activities under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7ix7 employment and training activities under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja7 7x7 work activities under the program of block grants to ,states for temporary assistance for needy families under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 and 7xi7 taking leave under the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq47 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 ,the term eligible child means an individual 7without regard to the immigration status of the individual or of any parent of the individual7-- 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 #aae percent of such ,state median income for fiscal year #bjbc2 7,,iii7 does not exceed #acj percent of such ,state median income for fiscal year #bjbd2 and 7,,iv7 for each of the fiscal years #bjbe through #bjbg1 is of any level2 7iv7 whose family assets do not exceed #a1jjj1jjj 7as certified by a member of such family72 and 7v7 who-- 7,i7 resides with a parent 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 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,e7 ,eligible child care provider 7i7 ,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-- 7,i7 is licensed to provide child care services under ,state law2 7,,ii7 participates in the ,state's tiered system for measuring the quality of child care providers described in subsection7f77#d77;,b7-- 7aa7 not later than the last day of the third fiscal year for which the ,state receives funds under this section2 and 7bb7 for the remainder of the period for which the provider receives funds under this section2 and 7,,iii7 satisfies the ,state and local requirements applicable to eligible child care providers under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq471 including those requirements described in section #feh;,e7c77#b77;,i7 of such ,act 7#db ,u4,s4,c4 #iheh;c7c77#b77;,i774 7ii7 ,special rule ,a child care provider who has been eligible to provide child care services in a ,state for children receiving assistance under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 on the date the ,state submits an application for funds under this section and remains in good standing with the ,state1 shall be deemed to be an eligible child care provider under this section for #c years after the ,state 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 ,family child care provider means one or more individuals who provide child care services less than #bd hours per day per child1 in a private residence other than the residences of the children1 unless care for #bd hours is provided due to the nature of the parent7s7' work4 7,h7 ,inclusive care ,the term inclusive1 with respect to care 7including child care71 means care provided by an eligible child care provider-- 7i7 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 7ii7 that provides care and full participation for children with disabilities and infants and toddlers with disabilities 7whichever the provider serves7 alongside children who are-- 7,i7 not children with disabilities2 and 7,,ii7 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,j7 ,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,k7 ,lead agency ,the term lead agency means the agency designated or established under subsection 7e74 7,l7 ,state ,the term ,state means any of the #ej ,states and the ,district of ,columbia4 7,m7 ,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 7,n7 ,tribal organization ,the term ,tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7,o7 ,urban ,indian organization ,the term ,urban ,indian organization has the meaning given the term in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc74 7c7 ,appropriations 7#a7 ,in general ,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 carrying out this section-- 7,a7 #bj1jjj1jjj1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjbe1 7,b7 #cj1jjj1jjj1jjj for fiscal year #bjbc1 to remain available until ,september #cj1 #bjbf 7,c7 #dj1jjj1jjj1jjj for fiscal year #bjbd1 to remain available until ,september #cj1 #bjbg2 7,d7 such sums as may be necessary for each of fiscal years #bjbe through #bjbg1 to remain available for one fiscal year4 7#b7 ,administration 7,a7 ,fiscal years #bjbb through #bjbd ,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 #acj1jjj1jjj for each of fiscal years #bjbb1 #bjbc1 and #bjbd1 to carry out subsection 7k74 ,amounts appropriated by the preceding sentence shall be available for one fiscal year4 7,b7 ,fiscal years #bjbe through #bjbg ,from the amounts appropriated under subsection 7a71 the ,secretary shall reserve1 to carry out subsection 7k71 up to #a percent of such amounts for each of fiscal years #bjbe1 #bjbf1 and #bjbg1 which shall be in addition to amounts otherwise available for this purpose4 ,amounts appropriated by the preceding sentence shall be available for one fiscal year4 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 families1 in ,states1 territories1 and ,indian ,tribes with an approved application under subsection 7f7 or 7g71 shall be provided an opportunity to obtain high-quality child care services for eligible children1 subject to the requirements of this section4 7#b7 ,assistance for every eligible child ,beginning on ,october #a1 #bjbd1 every family who applies for assistance under this section with respect to a child in a ,state with an approved application under subsection 7g71 or in a territory or ,indian tribe with an approved application under subsection 7f71 and who is determined1 by a lead agency 7or other entity designated by a lead agency7 following standards and procedures established by the ,secretary by rule1 to be an eligible child1 shall be offered child care assistance 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 to receive assistance under this section shall designate an agency 7which may be an appropriate collaborative agency71 or establish a joint interagency office-- 7#a7 to serve as the lead agency for the ,state1 territory1 or ,indian tribe under this section2 and 7#b7 to administer1 directly or through other governmental or nongovernmental agencies of the ,state1 territory or ,indian tribe the financial assistance received under this section by the ,state1 territory1 or ,indian tribe1 including by certifying the eligibility of children4 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 at such time1 in such manner1 and containing a ,state plan that-- 7,a7 for a transitional ,state plan1 meets the requirements under subsection 7c7 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 subsection 7d7 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 #a-year period2 and 7,b7 for a full ,state plan1 during a #c-year period4 7#c7 ,requirements for transitional ,state plans ,for a period of #a year 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 that includes1 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 child care assistance 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 may award funds under this section to ,states with an approved application that contains a subsequent ,state plan1 submitted under subsection 7a77#b71 that includes1 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 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 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 of child care services in the ,state that reflect rates for providers at each of the tiers of the ,state's tiered system for measuring the quality of child care providers described in subparagraph 7,b71 and variations in the cost of child care services by geographic area1 type of provider1 and age of child1 and the additional costs associated with providing inclusive child care services2 and 7,,ii7 certify that the ,state's payment rates for 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 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 section4 7iii7 ,payment practices ,such ,state plan shall include an assurance that the ,state will implement payment practices that support the fixed costs of providing child care services4 7,b7 ,tiered system for measuring the quality of child care providers ,such ,state plan shall certify that the ,state has implemented1 or assure that the ,state will implement within #c years after 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 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 of receiving funds under this section1 policies and financing practices that will ensure all families of eligible children can choose for the children to attend child care at the highest quality tier within #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 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 clauses 7ii77,i7 and 7iii71 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 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 7iii7 ,special rules ,the ,state shall not require a copayment under this subparagraph for any eligible child of a family with a child that is eligible for a ,head ,start program under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 or a child who has been identified as a member of a population listed in subsection 7b77#b77;,d77v777,,ii74 ,a ,state or another entity may pay a copayment 7full or reduced7 under this subparagraph on behalf of a family1 but may not receive ,federal reimbursement under this section for such payment4 7,f7 ,prohibition on charging more than copayment ,the ,state plan shall certify that the ,state shall not permit a child care provider receiving financial assistance under this section to 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 #bd months1 and the child's eligibility determination and redetermination1 including any determination based on the ,state's definition of eligible activities1 shall be implemented in such 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 assure 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 and children who receive care during nontraditional hours4 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 ,act1 to child care services provided under this section4 7,j7 ,licensing ,the ,state plan shall include an assurance that the ,state has or will develop within #c years after receiving funds under this section1 licensing standards for child care providers and a pathway to such licensure that is available to and appropriate for child care providers in a variety of settings1 to ensure providers eligible under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq471 have a pathway to become eligible providers under this section4 7,k7 ,reports ,the ,state plan shall include an agreement to provide to the ,secretary such periodic reports1 providing a detailed accounting of the uses of such funds received under this section1 as the ,secretary may require for the administration of this section4 7g7 ,payments 7#a7 ,transition payments for fiscal years #bjbb through #bjbd 7,a7 ,reservations and allotments 7i7 ,in general ,for each of fiscal years #bjbb through #bjbd1 the ,secretary shall1 from the amount appropriated under subsection 7c77#a77;,a7 for each such fiscal year-- 7,i7 reserve not less than #d percent for ,indian ,tribes1 ,tribal organizations1 and ,urban ,indian organizations for child care assistance2 7,,ii7 reserve not less than #j4e of #a percent for ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands for child care assistance2 and 7,,iii7 from the amount so appropriated and not reserved under subclauses 7,i7 and 7,,ii71 make allotments to each ,state 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 #ihehn7b774 7,,iv7 #i1fjj1jjj1jjj for each of the fiscal years #bjbb through #bjbg to carry out the program of grants to localities in subsection 7i74 7ii7 ,definition ,for purposes of this paragraph1 the term ,state means the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7,b7 ,payments 7i7 ,indian tribes1 tribal organizations1 and urban ,indian organizations 7,i7 ,in general ,for each of fiscal years #bjbb through #bjbd1 from the amount reserved for ,indian ,tribes1 ,tribal organizations1 and ,urban ,indian organizations under subparagraph 7,a77i77,i71 the ,secretary shall make payments to ,indian ,tribes1 ,tribal organizations1 and ,urban ,indian organizations1 and the ,tribes1 ,tribal organizations1 and ,indian organizations shall be entitled to such payments1 for carrying out programs or activities consistent with the objectives of this section4 7,,ii7 ,applications ,an ,indian ,tribe1 ,tribal organization1 or ,urban ,indian organization seeking a payment under clause 7ii77,,ii7 shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify1 including the agreement described in subsection 7f77#d77,k74 7ii7 ,territories 7,i7 ,in general ,for each of fiscal years #bjbb through #bjbd1 from the amount reserved for territories under subsection 7,a77i77,,ii71 the ,secretary shall make payments to the territories specified in that paragraph1 and the territories shall be entitled to such payments1 for carrying out programs or activities consistent with the objectives of this section4 7,,ii7 ,applications ,a territory specified in clause 7i77,,ii7 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 the agreement described in subsection 7f77#d77,k74 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,a7 for such fiscal year4 7,c7 ,authorities ,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 subsection 7f7 by the date required by the ,secretary1 to ,states with approved applications under that subsection1 to ,tribes with an approved application under subparagraph 7,a77ii71 and to territories with an approved application under 4 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 #ij percent of expenditures in the quarter for child care assistance for eligible children described under subsection 7h77#b77;,b74 ,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 #ij percent of expenditures in the quarter for the components of the child care entitlement program described under subsection 7h77#b77;,b74 7,,ii7 ,exception ,funds reserved from the amount under subsection 7h77#b77;,c7 shall be subject to clause 7ii74 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 for each quarter equal to the ,,fmap of expenditures in the quarter to carry out the quality and supply building activities 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 for each quarter equal to #ej percent of expenditures in the quarter for the costs of administration incurred by the ,state-- 7,i7 which shall include reasonable 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 7#db ,u4,s4,c4 #iheh;f74 7,b7 ,advance payment2 retrospective adjustment ,for each of fiscal years #bjbe through #bjbg1 the ,secretary may make payments under this subsection for each quarter on the basis of advance estimates of expenditures submitted by the ,state and such other investigation as the ,secretary may find necessary1 and shall reduce or increase the payments as necessary to adjust for any overpayment or underpayment for previous quarters4 7,c7 ,flexibility in submittal of claims ,nothing in this subsection shall be construed as preventing a ,state from claiming as expenditures in a quarter expenditures that were incurred in a previous quarter and not claimed in such previous quarter4 7,d7 ,territories and tribes ,for each of fiscal years #bjbe through #bjbg1 the ,secretary shall make payments to territories1 and ,indian tribes1 tribal organizations1 and ,urban ,indian organizations1 with applications submitted as described in subsection 7a71 and approved by the ,secretary4 ,the territories1 ,indian tribes1 tribal organizations1 and ,urban ,indian organizations shall be entitled to such payments to carry out the activities described in subsection 7h77#b74 7h7 ,use of funds 7#a7 ,use of funds for transition years ,for each of fiscal years #bjbb through #bjbd1 a ,state that receives a payment under subsection 7g77#a7 shall reserve and use-- 7,a7 #ej percent of such payment for activities to-- 7i7 expand access to child care assistance for eligible children 7with priority for providing access for children in families with incomes less than #he percent of the ,state median income72 and 7ii7 increase child care provider payment rates to support the cost of providing high-quality child care services1 including rates sufficient to support increased wages for staff of eligible child care providers2 7,b7 #be percent of such payment for activities described in subsection 7b77#c72 and 7,c7 #be percent for activities under subparagraph 7,a7 or activities under subparagraph 7,b71 as determined by the ,state4 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 child care services 7provided on a sliding fee scale basis71 activities to improve the quality and supply of child care services1 and ,state administration4 7,b7 ,child care assistance for eligible children 7i7 ,in general ,the ,state shall ensure that parents of eligible children can access child care services provided by an eligible child care provider through a grant or contract under clause 7ii7 or a certificate under 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 that1 at minimum1 support providers' operating expenses to meet and sustain health1 safety1 quality1 and wage standards required under this section4 7iii7 ,certificates ,the ,state shall issue a child care certificate directly to a child care provider on behalf of a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the 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 annual 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 that particular fiscal year 7and shall reserve and use a proportional amount from each quarterly payment made to the ,state for that particular fiscal year74 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 subparagraphs 7,b7 and 7,c7 that increase the quality and supply of eligible child care providers1 and 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 ,assistance provided 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 ,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 requirements and achieving licensure4 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 eligible child care providers 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 child care providers under subsection 7f77#d77;,b72 and 7bb7 supporting such providers in sustaining child care quality4 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 provide such facilities grants for construction1 permanent improvement1 or major renovation of a building or facility primarily used for providing 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 ,additional activities to improve the quality of child care services ,a ,state shall use a portion of the quality child care amount to improve the quality of child care services1 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 child care providers under subsection 7f77#d77;,b72 7cc7 improving the supply and quality of developmentally appropriate child care programs and services for underserved populations described in subsection 7f77#d77;,h72 7dd7 improving access to child care services for children experiencing homelessness and children in foster care2 and 7ee7 other activities to improve the supply and quality of child care services1 including activities described in paragraphs 7#a7 through 7#aj7 of section #feh;,g7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij #db ,u4,s4,c4 #iheh;e74 7,v7 ,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 7#a7 ,definition of eligible locality -,in this subsection the term eligible locality means a city1 county1 or other unit of general local government1 or a ,head ,start grantee4 7#b7 7,a7 ,in general ,the ,secretary shall use funds reserved in subsection 7g77#a77;,a77i77,,iv77 to award local ,birth through ,five ,child ,care and ,early ,learning ,grants to eligible localities located in ,states that have made it apparent that they will not apply for payments under subsection 7f74 ,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 provide access to child care to children in families with income that does not exceed #bjj percent of the ,federal poverty level1 which shall1 to the greatest extent practicable1 be consistent with the requirements applicable to ,states under this section4 7,b7 ,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 subsection 7f74 7,c7 ,priority for localities serving underserved populations ,in awarding a grant under this paragraph1 the ,secretary1 shall give priority to eligible localities seeking to serve underserved populations4 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 #aigb 7#bj ,u4,s4,c4 #afha et seq474 7,b7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7,c7 ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7,d7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7,e7 ,section #fed of the ,head ,start ,act 7#db ,u4,s4,c4 #ihdi74 7#b7 ,maintenance of effort ,to be eligible to receive a grant under this section1 a ,state shall that receives payments under this section for a fiscal year1 in using the funds made available through the payments1 shall maintain child care assistance for families at levels not less than the levels provided by the ,state in fiscal year #bjba4 ,the ,secretary shall determine the ,state expenditures allowable under this requirement4 7k7 ,monitoring and enforcement 7#a7 ,review of compliance with requirements and ,state plan ,the ,secretary shall review and monitor ,state compliance with this section and the plan described in subsection 7f77#d7 of the ,state4 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 ,administration ,using funds reserved under subsection 7b77#b71 the ,secretary shall provide technical assistance to ,states1 territories and ,indian ,tribes and carry out research1 evaluations1 and administration 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 child care assistance to children under the age of #f1 who 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 7#db ,u4,s4,c4 #iheg et seq47 on the date funding is first allocated to the lead agency 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 7g74 #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 means 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 an individual who is limited ,english proficient1 as defined in section #fcg of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcb74 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 ,act 7#db ,u4,s4,c4 #ihca et seq472 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 ,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 #dej;b74 7#h7 ,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 #aife4 7#i7 ,poverty guidelines ,the term poverty guidelines means the poverty guidelines updated periodically in the ,federal ,register by the ,department of ,health and ,human ,services under the authority of section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#aa7 ,state ,the term ,state means each of the several ,states and the ,district of ,columbia4 7#ab7 ,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#ac7 ,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 7#ad7 ,urban ,indian organization ,the term ,urban ,indian organization has the meaning given the term in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjb74 7b7 ,universal preschool 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for each of fiscal years #bjbb through #bjbh1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary to carry out this section and provide the ,federal share of the cost of universal1 high-quality1 free1 inclusive1 and mixed delivery preschool services1 on a voluntary basis1 to children throughout the ,states under this section1 including providing the ,federal share of the cost of ,state activities described in subsection 7c77#d74 7#b7 ,secretarial reservations ,the ,secretary1 in collaboration with the ,secretary of ,education1 shall reserve1 from the amount appropriated under this subsection-- 7,a7 not less than #d percent for payments to ,indian ,tribes1 ,tribal organizations1 and ,urban ,indian organizations for activities described in this section2 7,b7 not more than of #a percent for the territories1 to be distributed among the territories on the basis of their relative need1 as determined by the ,secretary of ,health and ,human ,services in accordance with the objectives of this section1 for activities described in this section2 7,c7 of #a percent for 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 for ,federal activities1 including administration1 monitoring1 technical assistance1 and research-- 7i7 #afe1jjj1jjj for fiscal year #bjbb and #bjj1jjj1jjj for fiscal year #bjbc2 and 7ii7 for each of fiscal years #bjbe through #bjbh1 not more than #b percent2 7,e7 #b1ejj1jjj1jjj for each of fiscal years #bjbb through #bjbg 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;a77#a7 of such ,act 7#dc ,u4,s4,c4 #ihdh7;a77#a72 and 7,f7 #a1bej1jjj1jjj annually for each of fiscal years #bjbc through #bjbh to carry out the program of grants to localities described in subsection 7e74 7c7 ,payments for ,state universal preschool services 7#a7 ,in general ,a ,state that has submitted1 and had approved by the ,secretary1 a ,state plan for universal preschool services is entitled to a payment under this subsection4 7#b7 ,payments to ,states 7,a7 ,preschool services ,the ,secretary shall pay to each ,state with an approved ,state plan under paragraph 7#f71 an amount for each year equal to-- 7i7 #ajj percent of the ,state's expenditures in the year for preschool services described in subsection 7d71 for each of fiscal years #bjbb1 #bjbc1 and #bjbd2 7ii7 #ij percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbe2 7iii7 #hj percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbf2 7iv7 #gj percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbg2 and 7v7 #fj percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbh4 7,b7 ,state activities ,the ,secretary shall pay to each ,state with an approved ,state plan under paragraph 7#f7 an amount for a fiscal year equal to #ej percent of the amount of the ,state's expenditures for the activities described in paragraph 7#d71 except that in no case shall a payment for a fiscal year under this subparagraph exceed the amount equal to #aj percent of the ,state's expenditures described in subparagraph 7,a7 for such fiscal year4 7,c7 ,non-,federal share ,the remainder of the cost paid by the ,state for preschool services1 that is not provided under subparagraph 7,a71 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 subparagraph 7,b71 shall be considered the non-,federal share of the cost of those activities4 7#c7 ,advance payment2 retrospective adjustment ,the ,secretary may make a payment under subparagraph 7,a7 or 7,b7 of paragraph 7#b7 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 may reduce or increase the payment as necessary to adjust for any overpayment or underpayment for a previous year4 7#d7 ,state activities ,a ,state that receives a payment under paragraph 7#b77;,b7 shall carry out all of the following activities3 7,a7 ,state administration of the ,state's preschool services program described in this section4 7,b7 ,supporting a continuous quality improvement system through the use of data1 researching1 monitoring1 training1 technical assistance1 professional development1 and coaching to support providers participating or seeking to participate in the ,state's preschool services program and to support such providers in meeting the requirements of this section4 7,c7 ,providing outreach and enrollment support for families of eligible children1 including specific outreach to families of underserved populations4 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 disabilities1 including1 as applicable1 activities that redesign or restructure existing preschool programs1 as of the date of the activity1 to improve inclusive services 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 the ,state's statewide needs assessment used for purposes of paragraph 7#f77;,b77ii74 7#e7 ,lead agency ,the ,governor of a ,state desiring to receive a payment under this subsection shall designate a ,state lead agency 7such as a ,state agency or joint interagency office7 for the administration of the universal preschool services program under this section4 7#f7 ,state plan ,in order to be eligible for payments under this section1 the ,governor of a ,state shall submit a ,state plan for universal1 high-quality1 free1 inclusive1 and mixed delivery preschool services to the ,secretary for approval at such time1 in such manner1 and containing such information as the ,secretary1 in collaboration with the ,secretary of ,education1 may require4 ,such plan shall include each of the following3 7,a7 ,a certification that the ,state has in place developmentally appropriate1 evidence-based preschool standards that1 at a minimum 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 ratios4 7,b7 ,a certification that the ,state will prioritize the establishment and expansion of universal1 high-quality1 free1 inclusive1 and mixed delivery preschool services in high-need communities1 as identified by the ,state1 including-- 7i7 a description of which high-need communities the ,state will prioritize for that establishment and expansion within and across those communities2 7ii7 a description of how the ,state determined which communities are high-need communities1 including how the ,state used a research-based methodology1 approved by the ,secretary1 to identify and serve such communities1 as determined by-- 7,i7 the rate of poverty among eligible children in the community2 7,,ii7 rates of access to high-quality preschool within the community1 including1 as applicable1 rates of disparities for underserved or vulnerable populations as identified through a periodic needs assessment conducted through the preschool development grants program under section #ibab of the ,every ,student ,succeeds ,act 7#db ,u4,s4,c4 #ihca note7 as applicable1 or through another such statewide needs assessment2 and 7,,iii7 other indicators of community need as required by the ,secretary2 and 7iii7 an assurance that the ,state will distribute funding for such preschool services under this section within such a high-need community so that a majority of children in the community are offered such preschool services before the ,state establishes and expands free preschool services in communities with lower levels of need4 7,c7 ,as applicable1 a description of how the ,state plans to use funding provided under this section to ensure that existing 7as of the date of submission of the ,state plan7 publicly funded preschool programs in the ,state meet the requirements of this section for a preschool program4 7,d7 ,a certification that the ,state will1 in establishing and operating the program of preschool services supported under this section1 support a mixed delivery preschool system1 including a certification that the ,state will facilitate the participation in the system of ,head ,start programs and programs offered by other eligible providers1 including providers of licensed family child care74 7,e7 ,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 including an assurance that the ,state will offer inclusive programming that supports the least restrictive environment requirements in ,section #fai of the ,individuals with ,disabilities ,act for all eligible children who are children with disabilities4 7,f7 ,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,g7 ,a certification that the ,state will ensure a highly qualified early childhood workforce to support the requirements of this section4 7,h7 ,a description of how the ,state will coordinate the ,state's preschool standards described in subparagraph 7,a7 with other early learning standards within the ,state4 7,i7 ,a description of how the ,state will-- 7i7 coordinate services and funding provided under this section with services and funding for other ,federal1 ,state1 and local child care and early childhood development programs2 7ii7 at the option of an ,indian ,tribe or ,tribal organization in the ,state1 collaborate and coordinate services and funding with such ,indian ,tribe or ,tribal organization2 7iii7 partner with ,head ,start agencies to ensure the full utilization of ,head ,start programs within the ,state2 7iv7 collaborate with entities carrying out programs under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act1 to support inclusive preschool programs2 and 7v7 improve transitions of children from early childhood education to elementary school4 7,j7 ,an assurance that the ,state will partner with not less than #a institution of higher education to facilitate degree attainment for staff of preschool programs4 7,k7 ,an assurance that the ,state will ensure all preschool services in the ,state funded under this section will be-- 7i7 7,i7 universally available to all children in the ,state without any additional eligibility requirements2 and 7,,ii7 be high quality1 free1 and inclusive2 7ii7 by not later than #a year after receiving such funding1 meet the ,state's preschool education standards described in subparagraph 7,a72 7iii7 offer programming that meets the duration requirements of at least #a1jbj annual hours1 in the program performance standards applicable to ,head ,start programs described in section #fda;,a of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf;a72 7iv7 adopt policies and practices to conduct outreach and provide expedited enrollment1 including prioritization1 to-- 7,i7 children experiencing homelessness2 7,,ii7 children in foster care or kinship care2 7,,iii7 children in families who are engaged in migrant or seasonal agricultural labor2 7,,iv7 children with disabilities1 including children served under part ,c of the ,individuals with ,disabilities ,education ,act who are an eligible child under section #aja7;a77#c7 of this ,act2 and 7,v7 dual language learners2 7v7 provide salaries1 and set salary schedules1 for staff that are equivalent to salaries of elementary school staff with similar credentials and experience2 7vi7 at a minimum1 provide a living wage for all staff of such providers2 and 7vii7 require educational qualifications for teachers 7excluding individuals who were employed by an eligible child care provider or early education program for a cumulative three of the last five years from the date of enactment and have the necessary content knowledge and teaching skills for early childhood educators1 as demonstrated through measures determined by the ,state7 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 #g years after the date of enactment of this ,act 7,the requirements specified in this clause shall not apply to individuals who were employed by an eligible child care provider or early education program for a cumulative #c of the last #e years from the date of enactment and have the necessary content knowledge and teaching skills for early childhood educators1 as demonstrated through measures determined by the ,state474 7,l7 ,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,m7 ,a certification that subgrant amounts described under subsection 7d7 are sufficient to enable the eligible provider to meet the requirements of this title1 and will provide for increased staff payment amounts based on the criteria described in 7,k77v7 and 7vi74 7,n7 ,a certification that preschool seats will be distributed equitably among child care 7including family child care71 ,head ,start1 and schools within the ,state4 7#g7 ,duration of the plan ,each ,state plan shall remain in effect for a period of #c years4 ,amendments to the ,state plan shall remain in effect for the duration of the plan4 7#h7 ,transitional ,state ,plan--,the ,secretary shall make available a transitional ,state plan for a period of one year that contains such information as the ,secretary may require1 to demonstrate the ,state will meet the requirements of this title and that includes-- 7,a7 an assurance that the ,state will submit a ,state plan under paragraph 7#f72 and 7,b7 a description of how the funds received by the ,state under this title will be spent to expand access to universal1 high-quality1 free1 inclusive1 and mixed delivery preschool programs in alignment with the requirements of this title4 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#b77;,a7 for a fiscal year shall use amounts provided through the payment to pay the ,federal share of the costs of subgrants to1 or contracts with1 eligible providers to operate universal1 high-quality1 free1 inclusive1 and mixed delivery preschool programs through the ,state preschool program in accordance with paragraph 7#b74 ,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#c74 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 universal1 high-quality1 free1 and inclusive preschool program that meets the requirements of subsection 7c77#f77,k7 and 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 disabilities 4 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 preschool programs funded under this subsection to a high percentage of low-income children to support-- 7,a7 comprehensive services1 including social1 emotional and other services that support child well-being2 7,b7 health and developmental screenings2 and 7,c7 service referral for children and families served by the program involved4 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 preschool programs within and across high-need communities identified under subsection 7c77#f77;,b7 by awarding subgrants or contracts to eligible providers operating within1 or with capacity to operate within and across1 such high-need communities4 ,such subgrants or contracts shall be used to enroll and serve children in the preschool program1 including-- 7i7 personnel 7including classroom and administrative personnel71 including compensation and benefits2 7ii7 costs associated with implementing the ,state's preschool standards1 providing curriculum sports1 and meeting early learning and development standards2 7iii7 professional development1 teacher supports1 and training2 7iv7 implementing developmentally appropriate health and safety standards 7including licensure1 where applicable71 teacher to child ratios1 and group size maximums2 7v7 materials1 equipment and supplies2 7vi7 meeting health and safety standards1 including licensure2 and 7vii7 rent or 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#b77;,a7 meets the requirements of paragraph 7#b7 with respect to establishing and expanding preschool programs within and across high-need communities1 the ,state shall use any remaining funds from such payment to enroll and serve children in preschool programs1 as described in such paragraph1 to additional communities in accordance with the statewide needs assessment used for purposes of paragraph 7#f77;,b77ii74 ,such funds shall be used for the activities described in 7#b77;,a77i7-7viii74 7e7 ,grants to localities 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible locality ,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 ,low-income young child ,the term low-income young child means a child who is under age #f and from a family with a family income that is not more than #bjj percent of the poverty guidelines4 7#b7 ,in general ,the ,secretary shall use funds reserved in subsection 7b77#b77;,f7 to award local universal preschool grants to eligible localities located in ,states that have made it apparent that they will not apply for payments under subsection 7c77#b77;,a74 ,the ,secretary shall award the grants to eligible localities in a ,state from the allotment made for that ,state under paragraph 7#c74 ,the ,secretary shall specify the requirements for an eligible locality to conduct a preschool services program under this subsection which shall1 to the greatest extent practicable1 be consistent with the requirements applicable to ,states under this section1 including ensuring a free1 universal1 high-quality1 inclusive mixed delivery preschool system4 7#c7 ,allotments ,for each ,state described in paragraph 7#b71 the ,secretary shall allot for the ,state an amount that bears the same relationship to the funds reserved under subsection 7b77#b77;,f7 as the number of low-income young children in the ,state bears to the total of all such children in ,states described in paragraph 7#b74 7#d7 ,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#e7 ,priority for localities serving underserved communities ,in awarding a grant under this subsection1 the ,secretary1 in collaboration with the ,secretary of ,education1 shall give priority to eligible localities serving high-need communities1 determined in accordance with subsection 7d77#b77;,b74 7f7 ,allowable sources of non-,federal share ,for purposes of calculating the amount of the non-,federal share1 as determined under subsection 7c71 relating to a payment under such subsection1 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 contributions and 7#e7 shall count no more than #ej percent of the ,state's current spending on prekindergarten programs 7as of the date of enactment of this ,act7 toward the ,state match4 7g7 ,maintenance of effort 7#a7 ,in general ,if a ,state reduces its combined fiscal effort per child for the ,state's 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 ,act 7#db ,u4,s4,c4 #ihca et seq471 or through any ,state spending on preschool services for any fiscal year that a ,state receives payments under subparagraphs 7,a7 and 7,b7 of 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 ,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 education1 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 7h7 ,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 early childhood education programs in the ,state4 7i7 ,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 #aigb 7#bj ,u4,s4,c4 #afha et seq474 7#b7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7#c7 ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#d7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#e7 ,section #fed of the ,head ,start ,act 7#db ,u4,s4,c4 #ihdi7 ,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-bjcj ,for each school year beginning on or after ,july #a1 #bjbb1 and ending before ,july #a1 #bjcj1 the ,secretary shall use a multiplier of #b4e4 7,,ii7 ,implementation after #bjcj ,for each school year beginning on or after ,july #a1 #bjcj1 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-bjcj ,for each school year beginning on or after ,july #a1 #bjbb1 and ending before ,july #a1 #bjcj1 the threshold shall be not more than #be percent4 7,,ii7 ,implementation after #bjcj ,for each school year beginning on or after ,july #a1 #bjcj1 the threshold shall be not more than #dj percent4 4 7#c7 ,applicability ,the amendments made by this subsection shall apply to a local educational agency with respect to a school year beginning on or after ,july #a1 #bjbb1 for which such local educational agency elects to receive special assistance payments under subparagraph 7,f7 of section #aa7;a77#a7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a774 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 #bjcj1 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 the threshold described in clause 7viii7 shall be applied by substituting zero for #be2 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 ,direct certification for children receiving ,medicaid benefits 7a7 ,in general ,section #i of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;b77 is amended-- 7#a7 in subsection 7b7-- 7,a7 by amending paragraph 7#e7 to read as follows3 7#e7 ,discretionary certification 7,a7 ,free lunches or breakfasts ,subject to paragraph 7#f71 any local educational agency may certify any child as eligible for free lunches or breakfasts1 without further application1 by directly communicating with the appropriate ,state or local agency to obtain documentation of the status of the child as-- 7i7 a member of a family that is receiving assistance under the temporary assistance for needy families program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 that the ,secretary determines complies with standards established by the ,secretary that ensure that the standards under the ,state program are comparable to or more restrictive than those in effect on ,june #a1 #aiie2 7ii7 a homeless child or youth 7defined as #a of the individuals described in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b772 7iii7 served by the runaway and homeless youth grant program established under the ,runaway and ,homeless ,youth ,act 7#db ,u4,s4,c4 #egja et seq472 7iv7 a migratory child 7as defined in section #acji of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcii772 7v7 an eligible child 7as defined in paragraph 7#ae77;,a772 or 7vi7 7,i7 a foster child whose care and placement is the responsibility of an agency that administers a ,state plan under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq472 or 7,,ii7 a foster child who a court has placed with a caretaker household4 7,b7 ,reduced price lunches or breakfasts ,subject to paragraph 7#f71 any local educational agency may certify any child who is not eligible for free school lunch or breakfast as eligible for reduced price lunches or breakfasts1 without further application1 by directly communicating with the appropriate ,state or local agency to obtain documentation of the status of the child as a child eligible for reduced price meals 7as defined in paragraph 7#ae77;,a774 2 7,b7 in paragraph 7#f77;,a71 by striking or 7#e7 both places it appears and inserting 7#e71 or 7#ae72 and 7,c7 in paragraph 7#ae7-- 7i7 in subparagraph 7,a7-- 7,i7 by amending clause 7i7 to read as follows3 7i7 ,eligible child ,the term eligible child means a child-- 7,i7 7aa7 who is eligible for and receiving medical assistance under the ,medicaid program2 and 7bb7 who is a member of a family with an income as measured by the ,medicaid program that does not exceed #acc percent of the poverty line 7as determined under the poverty guidelines updated periodically in the ,federal ,register by the ,department of ,health and ,human ,services under the authority of section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b71 including any revision required by such section77 applicable to a family of the size used for purposes of determining eligibility for the ,medicaid program2 7,,ii7 who is eligible for the ,medicaid program because such child receives supplemental security income benefits under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha-ache7 or ,state supplementary benefits of the type referred to in section #afaf7;a7 of such ,act 7or payments of the type described in section #bab7;a7 of ,public ,law #ic-ff72 7,,iii7 who is eligible for the ,medicaid program because such child receives an adoption assistance payment made under section #dgc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc7;a77 or under a similar ,state-funded or ,state-operated program1 as determined by the ,secretary2 7,,iv7 who is eligible for the ,medicaid program because such child receives a kinship guardianship assistance payment made under section #dgc7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc7;d77 or under a similar ,state-funded or ,state-operated program1 as determined by the ,secretary1 without regard to whether such child was previously in foster care2 or 7,v7 who is a member of a household 7as that term is defined in section #bde4b of title #g1 ,code of ,federal ,regulations 7or successor regulations77 with a child described in subclause 7,i71 7,,ii71 7,,iii71 or 7,,iv74 2 and 7,,ii7 by adding at the end the following3 7iii7 ,child eligible for reduced price meals ,the term child eligible for reduced price meals means a child-- 7,i7 7aa7 who is eligible for and receiving medical assistance under the ,medicaid program2 and 7bb7 who is a member of a family with an income as measured by the ,medicaid program that does exceed #acc percent but does not exceed #ahe percent of the poverty line 7as determined under the poverty guidelines updated periodically in the ,federal ,register by the ,department of ,health and ,human ,services under the authority of section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b71 including any revision required by such section77 applicable to a family of the size used for purposes of determining eligibility for the ,medicaid program2 or 7,,ii7 who is a member of a household 7as that term is defined in section #bde4b of title #g1 ,code of ,federal ,regulations 7or successor regulations77 with a child described in subclause 7,i74 2 7ii7 by striking subparagraphs 7,b71 7,c71 7,d71 7,e71 7,g71 and 7,h72 7iii7 in subparagraph 7,f7-- 7,i7 in the enumerator1 by striking 7,f7 and inserting 7,d72 and 7,,ii7 by striking conducting the demonstration project under this paragraph and inserting carrying out this paragraph2 7iv7 by inserting after subparagraph 7,a7 the following3 7,b7 ,agreements to carry out certification ,to certify a child under subparagraph 7,a77v7 or 7,b7 of paragraph 7#e71 a ,state agency shall enter into an agreement with #a or more ,state agencies conducting eligibility determinations for the ,medicaid program4 7,c7 ,procedures ,subject to paragraph 7#f71 an agreement under subparagraph 7,b7 shall establish procedures under which-- 7i7 an eligible child may be certified for free lunches under this ,act and free breakfasts under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc71 without further application 7as defined in paragraph 7#d77;,g772 and 7ii7 a child eligible for reduced price meals may be certified for reduced price lunches under this ,act or reduced price breakfasts under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc71 without further application 7as defined in paragraph 7#d77;,g774 2 and 7v7 by adding at the end the following3 7,e7 ,sunset ,the authority under this paragraph shall terminate on the last day of school year #bjcj-bjca4 2 and 7#b7 in subsection 7d77#b77;,g71 by inserting or child eligible for reduced price meals after eligible child4 7b7 ,applicability ,the amendments made by this section shall apply with respect to the period-- 7#a7 beginning on ,july #a1 #bjbb2 and 7#b7 ending on the last day of school year #bjcj-bjca4 #bdjjc4 ,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 beginning with summer #bjbc and annually for each summer before the date described in subsection 7g71 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 #bjaa7k777 from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such ,act1 in accordance with section #g7;b7 of such ,act 7#g ,u4,s4,c4 #bjaf7;b774 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 #bjaa7k777 from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such ,act1 in accordance with section #g7;b7 of such ,act 7#g ,u4,s4,c4 #bjaf7;b774 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 #ge for each child in the eligible household per month during the summer2 and 7ii7 for calendar year #bjbd and each year thereafter1 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 7,b7 establish procedures to carry out the enrollment described in subparagraph 7,a72 and 7,c7 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 ,october #a1 #bjba1 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 alternative plans for when 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 #bjbi1 out of any money in the ,treasury not otherwise appropriated1 such sums1 to remain available for the period described in paragraph 7#b71 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 ,period described ,with respect to each fiscal year under paragraph 7#a71 amounts made available for such a fiscal year under such paragraph shall remain available for the #b-year period following the date such amounts are made available4 7#c7 ,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 #bjbi4 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 7#d7 ,supplemental foods ,the term supplemental foods-- 7,a7 means foods-- 7i7 containing nutrients determined by nutritional research to be lacking in the diets of children2 and 7ii7 that promote the health of the population served by the program under this section1 as indicated by relevant nutrition science1 public health concerns1 and cultural eating patterns1 as determined by the ,secretary2 and 7,b7 includes foods not described in subparagraph 7,a7 substituted by ,state agencies1 with the approval of the ,secretary1 that-- 7i7 provide the nutritional equivalent of foods described in such subparagraph2 and 7ii7 allow for different cultural eating patterns than foods described in such subparagraph4 4 #bdjjd4 ,school kitchen equipment grants 7a7 ,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 #ejj1jjj1jjj1 to remain available until expended1 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 7b7 ,the ,secretary may set aside up to #e percent of the funds made available under subsection 7a7 for the purpose of training and technical assistance to support scratch cooking1 which may be administered by ,states or other entities4 #bdjje4 ,healthy food incentives demonstration 7a7 ,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 #fcd1jjj1jjj1 to remain available until expended1 to provide competitive grants to ,states in accordance with this section4 7b7 ,a ,state that receives a grant under this section shall use such grant funds to make subgrants to local educational agencies and schools for activities that support-- 7#a7 serving healthy school meals and afterschool snacks that meet discretionary goals established by the ,secretary2 7#b7 increasing scratch cooking2 7#c7 conducting experiential nutrition education activities1 including school garden programs2 7#d7 procuring local1 regional1 and culturally appropriate foods and foods produced by underserved or limited resource farmers1 as defined by the ,secretary1 to serve as part of the child nutrition programs under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea-agfi;j7 or the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga-agic72 7#e7 reducing the availability of less healthy foods1 as defined by the ,secretary1 during the school day2 or 7#f7 carrying out additional activities to encourage the development of healthy nutrition and physical activity habits among children4 7c7 ,a ,state that receives a grant under this section may use such grant funds to fund a statewide nutrition education coordinator to-- 7#a7 support individual school food authority nutrition education efforts2 and 7#b7 facilitate collaboration with other nutrition education efforts in the ,state4 7d7 ,a ,state that receives a grant under this section may not use more than #e percent of such grant funds to carry out administrative activities4 7e7 ,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 ,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 to carry out the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjja et seq474 #bejjb4 ,family violence prevention and services funding ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bg1jjj1jjj1 to remain available until expended1 for necessary administrative expenses to carry out sections #cjc1 #cji1 and #cac of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdja-ajdad7 and 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 striking the period and inserting 1 and #be1jjj1jjj for each of fiscal years #bjbb through #bjbd1 to remain available until expended1 to carry out this part44 #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 to carry out the activities of the ,center under section #bja7;g7 of the ,older ,americans ,act of #aife 7,,oaa7 7#db ,u4,s4,c4 #cjaa7;g772 7#b7 #fee1jjj1jjj to carry out part ,b of title ,,iii of the ,,oaa 7#db ,u4,s4,c4 #cjcj;d71 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 to carry out part ,c of title ,,iii of the ,,oaa 7#db ,u4,s4,c4 #cjcj;d-#ba-cjcj;g-#bc71 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 to carry out part ,e of title ,,iii of the ,,oaa 7#db ,u4,s4,c4 #cjcjs-#cjcjs-#b71 including section #cgc7;e7 of such part 7#db ,u4,s4,c4 #cjcjs-#a7;e772 7#e7 #ej1jjj1jjj to carry out title ,,vi of the ,,oaa 7#db ,u4,s4,c4 #cjeg-cjego71 including part ,c of such title 7#db ,u4,s4,c4 #cjegk-#aa72 7#f7 #ej1jjj1jjj to carry out the long-term care ombudsman program under title ,,vii of the ,,oaa 7#db ,u4,s4,c4 #cjeh-cjeh;ff72 7#g7 #ei1jjj1jjj 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 7#db ,u4,s4,c4 #cjca-cjcc;a7 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 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 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 to carry out section #dag of the ,,oaa 7#db ,u4,s4,c4 #cjcb;f74 ,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 #aife 7#db ,u4,s4,c4 #cjbd7;d77#a77;,d71 #cjcc7;a771 and section #cgc7;h77#b7 of such ,act 7#db ,u4,s4,c4 #cjcjs-#a7;h77#b771 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 ,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 #bejjf4 ,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 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 care 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 care workers2 and 7#d7 provide recommendations for activities to further support paid and unpaid family caregivers1 including expanding respite care4 7b7 ,direct care worker defined ,the term direct care worker has the meaning given such term in section #bbcja4 ,,iii ,committee on ,energy and ,commerce ,a ,air ,pollution #cjaja4 ,clean heavy-duty vehicles 7a7 ,appropriation 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 #e1jjj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to carry out section #acb of the ,clean ,air ,act1 as added by subsection 7b74 7#b7 ,reservation ,of the funds appropriated by paragraph 7#a71 the ,administrator of the ,environmental ,protection ,agency shall reserve #c percent for administrative costs necessary to carry out section #acb of the ,clean ,air ,act1 as added by subsection 7b74 7b7 ,amendment ,part ,a of title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 is amended by adding at the end the following3 #acb4 ,clean heavy-duty vehicles 7a7 ,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 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 7b7 ,applications ,to seek an award under this section1 an eligible recipient or eligible contractor shall submit to the ,administrator an application in such form and manner as the ,administrator shall prescribe4 7c7 ,allocation ,of any amount appropriated to carry out this section1 no less than #dj percent shall be used for awards to eligible recipients proposing to replace eligible vehicles to serve one or more communities located in an air quality area designated pursuant to section #ajg as nonattainment for any air pollutant4 7d7 ,definitions ,for purposes of this section3 7#a7 ,eligible contractor ,the term eligible contractor means a contractor that is a for-profit or nonprofit entity 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 ,state or local governmental entity2 7,b7 an ,indian ,tribe 7as defined in section #cjb72 7,c7 a nonprofit school transportation association2 or 7,d7 an eligible contractor4 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 emission 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 ,part ,a of title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 as amended1 is further amended by adding at the end the following3 #acc4 ,grants to reduce air pollution at ports 7a7 ,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 #c1ejj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to award rebates and grants to eligible recipients on a competitive basis to-- 7#a7 purchase or install zero-emissions port equipment and technology for use at1 or to directly serve1 one or more ports2 7#b7 conduct any relevant planning or permitting in connection with such zero-emissions port equipment and technology2 and 7#c7 develop qualified climate action plans4 7b7 ,reservation ,of the funds made available by this section1 #hge1jjj1jjj shall be reserved for awards to eligible recipients to carry out activities with respect to ports located in nonattainment areas for any air pollutant4 7c7 ,limitation ,funds awarded under this section shall not be used-- 7#a7 to purchase fully automated cargo-handling equipment or terminal infrastructure that is designed for fully automated cargo-handling equipment2 or 7#b7 by any recipient or sub-recipient to perform construction1 alteration1 installation1 or repair work that is not located at1 or does not directly serve1 the one or more ports involved4 7d7 ,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 7e7 ,definitions ,for purposes of 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 any nonprofit organization7 that-- 7i7 applies for a grant under this section in partnership with an entity described in subparagraphs 7,a71 7,b71 or 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 towards stated goals7 to reduce emissions at one or more ports of-- 7i7 greenhouse gases2 7ii7 any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7iii7 hazardous air pollutants2 and 7,b7 includes a strategy to collaborate with1 communicate with1 and address potential effects on stakeholders that may be affected by implementation of such plan1 including low-income and disadvantaged near-port communities4 7#c7 ,zero-emissions port equipment and technology ,the term zero-emissions port equipment and technology means any equipment or 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 such emissions produced by an ocean-going vessel at berth4 4 #cjajc4 ,greenhouse gas reduction fund ,part ,a of title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 as amended1 is further amended by adding at the end the following3 #acd4 ,greenhouse gas reduction 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 appropriated-- 7#a7 #g1die1jjj1jjj to the ,administrator1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjbf71 to make grants1 on a competitive basis and not later than #ahj calendar days after the date of enactment of this section1 to ,states1 units of local government1 the ,district of ,columbia1 territories of the ,united ,states1 ,tribal governments1 and eligible recipients for the purposes of providing financial and technical assistance to enable low-income and disadvantaged communities to deploy zero-emission technologies1 including distributed zero-emission technologies on residential rooftops1 and to carry out other greenhouse gas emission reduction activities1 as determined appropriate by the ,administrator in accordance with this section2 7#b7 #ai1iie1jjj1jjj to the ,administrator1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjbf71 to make grants1 on a competitive basis and not later than #ahj calendar days after the date of enactment of this section1 to eligible recipients1 of which #h1jjj1jjj1jjj shall be used to provide financial assistance in low-income and disadvantaged communities2 and 7#c7 #aj1jjj1jjj to the ,administrator1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 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 operate in accordance with the following3 7#a7 ,direct investment ,an 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 ,an eligible recipient shall provide financial 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 activities2 7,b7 does not take deposits1 other than 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 low- or zero-emission project1 technology1 or activity 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 ,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 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 expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 for grants authorized under section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7 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 #g4e percent for administrative costs to carry out this section4 7d7 ,eligible entities ,in this section1 the term eligible entity means a ,state1 a territory1 a unit of local government 7including any special district1 such as an air quality management district71 or an ,indian ,tribe4 #cjaje4 ,diesel emissions reductions 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 #agj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to address diesel emissions1 of which-- 7#a7 #ajj1jjj1jjj shall be for grants1 rebates1 loans1 and other ,environmental ,protection ,agency activities under subtitle ,g of title ,,vii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaca through #afacg7 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 communities2 7#b7 #ej1jjj1jjj shall be for grants1 rebates1 loans1 and other ,environmental ,protection ,agency activities under subtitle ,g of title ,,vii of the ,energy ,policy ,act of #bjje2 and 7#c7 #bj1jjj1jjj shall be for grants1 rebates1 loans1 and other ,environmental ,protection ,agency activities under subtitle ,g of title ,,vii of the ,energy ,policy ,act of #bjje to identify and reduce diesel emissions 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 #e percent of the amounts made available under subsection 7a7 for the administrative costs necessary to carry out activities pursuant to such subsection4 #cjajf4 ,funding to address air pollution 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 #cbj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to address air pollution1 of which-- 7#a7 #bfe1jjj1jjj shall be for grants and other activities authorized under sections #ajb1 #ajc1 and #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjb1 #gdjc1 and #gdje71 of which-- 7,a7 #abb1jjj1jjj shall be to deploy1 integrate1 support1 and maintain fenceline monitoring and screening air monitoring1 including national air toxics trend stations and other air toxics and community monitoring2 7,b7 #ge1jjj1jjj shall be to expand the national ambient air quality monitoring network with new multipollutant monitoring stations and to replace1 repair1 operate1 and maintain existing monitors2 7,c7 #c1jjj1jjj shall be to deploy1 integrate1 and operate air quality sensors in low-income and disadvantaged communities2 and 7,d7 #ae1jjj1jjj shall be for testing and other agency activities to address emissions from wood heaters2 and 7,e7 #ej1jjj1jjj shall be for monitoring emissions of methane2 7#b7 #ej1jjj1jjj shall be to carry out1 with respect to greenhouse gases1 sections #aaa1 #aae1 #afi1 #agg1 #bjb1 #baa1 #bac1 #bca1 and #fab1 and other sections of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa1 #gdae1 #gdgi1 #gejg1 #geba1 #gede1 #gedg1 #gega1 #gfgak1 and others72 and 7#c7 #e1jjj1jjj shall be 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 subsection 7a77#a71 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 ,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 expended1 for grants1 rebates1 contracts1 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 and section #aje of that ,act 7#db ,u4,s4,c4 #gdje71 of which the ,administrator shall reserve not less than #be percent for technical assistance to such schools-- 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 ,part ,a of title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 as amended1 is further amended by adding at the end the following3 #ace4 ,low ,emissions ,electricity ,program 7a7 ,appropriations ,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 #ajj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to carry out this section4 7b7 ,use of funds ,of the amounts made available by subsection 7a71 the ,administrator shall use-- 7#a7 not less than #aj1jjj1jjj for consumer-related education and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#b7 not less than #aj1jjj1jjj 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 not less than #aj1jjj1jjj 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 not less than #aj1jjj1jjj 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 not less than #a1jjj1jjj to assess1 not later than the date that is #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 not less than #bj1jjj1jjj to carry out this section to ensure that the anticipated reductions in greenhouse gas emissions from domestic electricity generation and use as assessed under paragraph 7#e7 are achieved through use of the authorities of this ,act1 including through the establishment of requirements under this ,act4 4 #cjaji4 ,funding for section #baa of the ,clean ,air ,act ,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 expended1 to carry out section #baa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede71 of which-- 7#a7 not less than #e1jjj1jjj shall be for the development and establishment of tests and protocols regarding the environmental and public health effects of a fuel or fuel additive2 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 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 communities2 and 7#b7 not less than #e1jjj1jjj shall be for new grants to industry and other related activities to support investments in advanced biofuels4 #cjaaj4 ,funding for implementation of the ,american ,innovation and ,manufacturing ,act 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 #db1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out section #ajc of division ,s of ,public ,law #aaf-bfj1 of which-- 7#a7 #c1ejj1jjj shall be to deploy new implementation and compliance tools2 and 7#b7 #ae1jjj1jjj shall be for competitive grants for reclaim and innovative destruction technologies4 7b7 ,administration of funds ,of the funds made available pursuant to subsection 7a77#b71 the ,administrator of the ,environmental ,protection ,agency shall reserve #e percent for administrative costs of carrying out such section #ajc4 #cjaaa4 ,funding for enforcement technology and public information ,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 expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to address air pollution1 of which-- 7#a7 #cg1jjj1jjj shall be to update ,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 information2 7#b7 #g1jjj1jjj shall be 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 such ,integrated ,compliance ,information ,system and any associated systems2 and 7#c7 #f1jjj1jjj shall be 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 #gfjb771 or 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 ,environmental ,protection ,agency ,office of ,air and ,radiation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 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 expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to develop and carry out a program1 to be known as the ,environmental ,product ,declaration ,assistance ,program1 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 declarations2 7#b7 providing technical assistance to businesses that manufacture construction materials and products in developing and verifying environmental product declarations2 and 7#c7 carrying out other activities that assist in measuring and steadily reducing the quantity of embodied carbon of construction materials and products4 7b7 ,administration of funds ,of the amounts made available under this section1 the ,administrator of the ,environmental ,protection ,agency shall reserve #g4e 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 #cjaad4 ,environmental ,protection ,agency methane fee 7a7 ,appropriation ,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 #ge1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjbd71 to carry out section #acf of the ,clean ,air ,act1 as added by this section4 7b7 ,amendment ,part ,a of title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 as amended1 is further amended by adding at the end the following3 #acf4 ,methane fee from petroleum and natural gas systems 7a7 ,in general ,the ,administrator shall impose and collect a fee from the owner or operator of each applicable facility that is required to report methane emissions pursuant to subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations74 7b7 ,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 ,natural gas processing1 7#d7 ,natural gas transmission and 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 pipeline 7c7 ,fee amount ,the amount of a fee imposed and collected under subsection 7a7 for an applicable facility shall be equal to the product obtained by multiplying-- 7#a7 subject to subsection 7d71 the number of tons of methane reported for the applicable facility pursuant to subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations71 during the previous reporting period2 and 7#b7 #aejj4 7d7 ,intensity threshold 7#a7 ,petroleum and natural gas production ,with respect to imposing and collecting the fee under subsection 7a7 for an applicable facility in an industry segment listed in paragraph 7#a7 or 7#b7 of subsection 7b71 the ,administrator shall impose and collect the fee on the reported tons of methane emissions that exceed #j4bj percent of the natural gas sent to sale from such facility4 7#b7 ,nonproduction petroleum and natural gas systems ,with respect to imposing and collecting the fee under subsection 7a7 for an applicable facility in an industry segment listed in paragraph 7#c71 7#e71 7#f71 7#g71 or 7#h7 of subsection 7b71 the ,administrator shall impose and collect the fee 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 fee under subsection 7a7 for an applicable facility in an industry segment listed in paragraph 7#d7 or 7#i7 of subsection 7b71 the ,administrator shall impose and collect the fee on the reported tons of methane emissions that exceed #j4aa percent of the natural gas sent to sale from such facility4 7e7 ,period ,the fee under subsection 7a7 shall be imposed and collected beginning with respect to emissions reported for calendar year #bjbc and for each year thereafter4 7f7 ,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 7g7 ,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 fee 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 fees under subsection 7c7 of this section1 are based on empirical data and accurately reflect the total methane emissions from the applicable facilities4 7h7 ,liability for fee payment ,a facility owner or operator's liability for payment of the fee under subsection 7a7 is not affected in any way by emission standards1 permit fees1 penalties1 or other requirements under this ,act or any other legal authorities4 7i7 ,use of proceeds 7#a7 ,transfer of funds ,for each applicable fiscal year1 the ,secretary of the ,treasury shall1 without further appropriation1 transfer to the ,administrator an amount equal to #ge percent of the amounts received during the preceding fiscal year as a result of the methane fee in subsection 7a74 7#b7 ,use of funds ,the ,administrator shall1 without further appropriation1 use the amounts transferred under paragraph 7#a7 7except that no funds shall be disbursed after ,september #cj1 #bjbh7-- 7,a7 to cover all direct and indirect costs required to develop and administer this section1 including the costs of-- 7i7 implementing the fee2 7ii7 continuous emissions and ambient methane and other greenhouse gas monitoring2 7iii7 preparing generally applicable regulations1 or guidance2 7iv7 modeling1 analyses1 and demonstrations2 and 7v7 preparing inventories1 gathering empirical data1 and tracking emissions2 7,b7 for grants1 rebates1 contracts and other activities of the ,environmental ,protection ,agency for the purposes of providing financial and technical assistance to owners and operators of applicable facilities preparing and submitting greenhouse gas reports under subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 7,c7 for grants1 rebates1 contracts1 and other activities of the ,environmental ,protection ,agency authorized under section #ajc for methane emissions monitoring2 and 7,d7 for grants1 rebates1 contracts1 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-- 7i7 improving climate resiliency of communities and petroleum and natural gas systems2 7ii7 improving and deploying industrial equipment and processes that reduce methane and other greenhouse gas emissions2 7iii7 supporting innovation in reducing methane and other greenhouse gas emissions from petroleum and natural gas systems2 7iv7 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 7v7 supporting environmental restoration4 4 ,b ,hazardous ,materials #cjbja4 ,superfund investments ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1jjj1 to remain available until expended1 for response actions carried out by ,federal agencies1 consistent with section #abj of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7 at ,federal facilities included on the ,national ,priority ,list published pursuant to section #aje of such ,act 7#db ,u4,s4,c4 #ifje71 which shall supplement1 not supplant1 individual agency appropriations for such response actions4 #cjbjb4 ,funding ,to address toxics in schools ,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 expended1 for grants1 contracts1 and other activities to reduce pollution at schools in low-income and disadvantaged communities under title ,v of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfie et seq474 #cjbjc4 ,grants to reduce waste in communities 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 #gej1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to make grants1 on a competitive basis1 to eligible recipients to-- 7#a7 minimize 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 construct1 expand1 or modernize infrastructure for organics recycling and reuse1 including any facility1 machinery1 or equipment used to collect and process organic material2 7#c7 create market demand or manufacturing capacity for recovered1 recyclable1 or recycled commodities and products2 7#d7 support projects and programs that reduce food waste2 or 7#e7 support the development and implementation of activities that reduce the amount of waste disposed of in landfills1 including-- 7,a7 expanding the availability of curbside organic waste collection2 7,b7 encouraging diversion of organic waste from landfills2 or 7,c7 increasing fees imposed on the disposal of waste1 including organic waste1 at landfills4 7b7 ,reservation ,of the funds made available under this section1 the ,administrator of the ,environmental ,protection ,agency shall reserve #cjj1jjj1jjj for grants for projects in low-income or disadvantaged communities4 7c7 ,administration of funds ,of the funds made available under this section1 the ,administrator of the ,environmental ,protection ,agency shall reserve #b percent for administrative costs to carry out this section4 7d7 ,definition of eligible recipient ,in this section1 the term eligible recipient means-- 7#a7 a single unit of ,state1 local1 or ,tribal government2 7#b7 a partnership of multiple units of ,state1 local1 or ,tribal governments2 7#c7 a partnership of one or more units of ,state1 local1 or ,tribal governments and one or more for-profit or nonprofit organizations2 or 7#d7 a nonprofit organization or a partnership of nonprofit organizations4 #cjbjd4 ,environmental and ,climate ,justice ,block ,grants 7a7 ,appropriation ,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 #e1jjj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to carry out this section4 7b7 ,grants 7#a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency may use amounts made available under subsection 7a7 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 investments in community low-emission1 zero-emission1 and emission-reducing infrastructure1 including construction of such infrastructure2 7,b7 climate resiliency1 mitigation1 and adaptation projects1 including projects related to urban heat islands1 extreme heat1 wood heater emissions1 and wildfire events2 7,c7 community-led pollution monitoring1 prevention1 and remediation1 including any necessary job training programs2 7,d7 reducing indoor toxics and indoor air pollution2 7,e7 facilitating engagement of disadvantaged communities in ,state and ,federal public processes1 including facilitating such engagement in advisory groups1 workshops1 and rulemakings2 or 7,f7 any other activity the ,administrator of the ,environmental ,protection ,agency determines appropriate4 7#c7 ,eligible entities ,in this subsection1 the term eligible entity means-- 7,a7 a partnership between an ,indian ,tribe1 a local government1 or an institution of higher education and a community-based nonprofit organization2 7,b7 a community-based nonprofit organization2 or 7,c7 a partnership of community-based nonprofit organizations4 7#d7 ,priority ,in awarding grants under this subsection1 the ,administrator of the ,environmental ,protection ,agency shall give priority to eligible entities described in subparagraph 7,b7 or 7,c7 of paragraph 7#c74 7c7 ,technical assistance ,the ,administrator of the ,environmental ,protection ,agency shall reserve #ejj1jjj1jjj of the amounts made available under subsection 7a7 for grants or contracts for technical assistance throughout the ,united ,states related to grants awarded in this section4 ,c ,drinking ,water #cjcja4 ,lead service line replacement 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 #cj1jjj1jjj1jjj1 to make capitalization grants under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab71 to remain available until expended1 for full lead service line replacement projects and associated activities directly connected to the identification1 planning1 design1 and full replacement of lead service lines1 of which #bj1jjj1jjj1jjj shall be for subsidies to disadvantaged communities 7as defined in subsection 7d77#c7 of such section7 in the form of loans1 with #ajj percent forgiveness of principal1 or grants1 notwithstanding subsection 7d77#b7 of such section4 7b7 ,prohibition on partial line replacement ,no funds made available under this section may be used for partial replacement of lead service lines4 7c7 ,no leveraging ,funds made available under this section may not be used as a source of payment of1 or security for 7directly or indirectly71 in whole or in part1 any obligation the interest on which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf4 #cjcjb4 ,community water system risk and resilience ,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 expended1 for grants under section #adcc7;g7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;i-#b7;g774 #cjcjc4 ,grants for ,state ,programs ,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 expended1 for grants under section #addc of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#b74 #cjcjd4 ,assistance for ,colonias ,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 expended1 for grants under section #adef of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#af74 #cjcje4 ,grants to reduce lead in school drinking water ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gjj1jjj1jjj1 to remain available until expended1 for grants under sections #adfd and #adfe of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd and #cjj;j-#be71 of which-- 7#a7 #dbj1jjj1jjj shall be for grants for the installation and maintenance of lead filtration stations at schools and child care programs2 7#b7 #aej1jjj1jjj shall be for grants under section #adfd7;d72 and 7#c7 #ej1jjj1jjj shall be for grants under section #adfe7;b77#a7 to pay the costs of replacement of drinking water fountains in schools4 #cjcjf4 ,grants for ,indian ,reservation ,drinking ,water ,infrastructure ,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 expended1 to implement eligible projects under section #bjja of ,america's ,water ,infrastructure ,act of #bjah 7#db ,u4,s4,c4 #cjj;j-#c;c note71 notwithstanding the geographic limitations in that section4 #cjcjg4 ,assistance for ,areas ,affected by ,natural ,disasters ,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 expended1 for grants under section #bjbj of ,america's ,water ,infrastructure ,act of #bjah 7#db ,u4,s4,c4 #cjj;j-#ab note71 of which1 notwithstanding subsection 7a77#b7 of such section1 #aj1jjj1jjj shall be available to make grants to ,guam1 the ,virgin ,islands1 ,american ,samoa1 and the ,northern ,mariana ,islands for the purposes of providing assistance to eligible systems to restore or increase compliance with national primary drinking water regulations in an underserved area4 #cjcjh4 ,assistance for ,disadvantaged ,communities ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until expended1 for grants under section #adei;,a7b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7b774 #cjcji4 ,grants for ,contaminant ,monitoring ,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 expended1 to make grants to pay for the costs of monitoring required under section #adde7;a77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#d7;a77#b774 #cjcaj4 ,technical ,assistance to ,small ,public ,water ,systems ,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 expended1 to provide technical assistance under section #addb7;e7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#a7;e774 #cjcaa4 ,funding for water assistance program 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until expended1 for grants to ,states and ,indian ,tribes to assist low-income households1 particularly those with the lowest incomes1 that pay a high proportion of household income for drinking water and wastewater services1 by providing funds to owners or operators of public water systems or treatment works to reduce arrearages of and rates charged to such households for such services4 7b7 ,allotment ,the ,secretary shall-- 7#a7 allot amounts appropriated in this section to a ,state or ,indian ,tribe based on-- 7,a7 the percentage of households in the ,state1 or under the jurisdiction of the ,indian ,tribe1 with annual income equal to or less than #aej percent of the ,federal poverty line2 and 7,b7 the percentage of households in the ,state1 or under the jurisdiction of the ,indian ,tribe1 that spend more than #cj percent of monthly income on housing2 and 7#b7 reserve up to #c percent of the amount appropriated in this section for ,indian ,tribes and ,tribal organizations4 7c7 ,definition ,in this section1 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 ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 ,d ,energy #a ,clean ,electricity ,performance ,program #cjdaa4 ,clean ,electricity ,performance ,program 7a7 ,appropriation 7#a7 ,administration ,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 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca71 for the administrative expenses of carrying out section #bbd of the ,federal ,power ,act 7as added by this section74 7#b7 ,grants ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for each of fiscal years #bjbc through #bjca1 out of any money in the ,treasury not otherwise appropriated1 such sums as are necessary to issue grants under section #bbd of the ,federal ,power ,act 7as added by this section7 7except that no funds shall be disbursed after ,september #cj1 #bjca74 7b7 ,program ,part ,,ii of the ,federal ,power ,act is amended by adding after section #bbc 7#af ,u4,s4,c4 #hbdw7 the following3 #bbd4 ,clean electricity performance program 7a7 ,establishment of program ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish a program to-- 7#a7 issue grants for each of calendar years #bjbc through #bjcj to eligible electricity suppliers in accordance with this section2 and 7#b7 collect payments for each of calendar years #bjbc through #bjcj from eligible electricity suppliers in accordance with this section4 7b7 ,grants to eligible electricity suppliers 7#a7 ,eligibility for grants 7,a7 ,in general ,except as provided in subparagraph 7,b71 an eligible electricity supplier shall be eligible for a grant under this section for a performance year if the certified clean electricity percentage of the eligible electricity supplier for that performance year is increased by at least #d percentage points from the greater of-- 7i7 the highest certified clean electricity percentage of the eligible electricity supplier for any year prior to that performance year2 or 7ii7 the baseline clean electricity percentage of the eligible electricity supplier4 7,b7 ,adjustment ,with respect to a performance year in which an eligible electricity supplier submitted a payment under this section for the year prior to that performance year1 the eligible electricity supplier shall be eligible for a grant under this section if the certified clean electricity percentage of the eligible electricity supplier for that performance year is increased by at least-- 7i7 the number of percentage points described in subparagraph 7,a72 plus 7ii7 the number of percentage points that equals the sum described in subsection 7c77#b77;,b7 for the year for which the payment was submitted4 7#b7 ,grant calculation ,except as provided in subsection 7d71 the ,secretary shall issue to an eligible electricity supplier a grant under this section for a performance year in an amount equal to #aej for each megawatt-hour of qualified clean electricity validly claimed by the eligible electricity supplier under subsection 7e77#a77;,a77i7 for that performance year that exceeds the sum of-- 7,a7 the product obtained by multiplying-- 7i7 the total load of the eligible electricity supplier for that performance year2 and 7ii7 #j4jae2 and 7,b7 the greater of-- 7i7 the largest quantity of megawatt-hours of qualified clean electricity claimed by the eligible electricity supplier under subsection 7e77#a77;,a77i7 for any year prior to that performance year2 or 7ii7 the quantity of megawatt-hours represented by the baseline clean electricity percentage of the eligible electricity supplier4 7#c7 ,initial grants ,in calculating a grant for performance year #bjbc1 the product described in paragraph 7#b77;,a7 shall be obtained by substituting #j4jbe for #j4jae4 7c7 ,payments 7#a7 ,in general ,except as provided in paragraph 7#c7 and subsection 7d71 the ,secretary shall collect a payment for a performance year in accordance with this subsection from each eligible electricity supplier that does not have a certified clean electricity percentage for that performance year that is increased by at least #d percentage points above the greater of-- 7,a7 the highest certified clean electricity percentage of the eligible electricity supplier from any year prior to that performance year2 or 7,b7 the baseline clean electricity percentage of the eligible electricity supplier4 7#b7 ,payment calculation ,for each eligible electricity supplier1 the payment described in paragraph 7#a7 shall be equal to the dollar amount that is the product obtained by multiplying-- 7,a7 #dj2 and 7,b7 the quantity of megawatt-hours that represents the percentage of the total electricity load of the eligible electricity supplier for the performance year that is represented by the number that equals the sum of-- 7i7 #d2 plus 7ii7 the number that is equal to-- 7,i7 the greater of-- 7aa7 the highest certified clean electricity percentage of the eligible electricity supplier for any year prior to that performance year2 or 7bb7 the baseline clean electricity percentage of the eligible electricity supplier2 minus 7,,ii7 the certified clean electricity percentage of the eligible electricity supplier for that performance year4 7#c7 ,exception ,the ,secretary shall not collect a payment for a performance year from an eligible electricity supplier that has a certified clean electricity percentage for that performance year that is #he percent or greater1 subject to the condition that the certified clean electricity percentage of the eligible electricity supplier for that performance year is not less than the certified clean electricity percentage of the eligible electricity supplier for the year prior to that performance year4 7#d7 ,deadline ,the ,secretary shall collect a payment under this section from an eligible electricity supplier not later than #f months after the date on which the eligible electricity supplier submits the applicable certification under subsection 7e77#a77;,a77i74 7#e7 ,restriction ,an eligible electricity supplier may not recover the cost of a payment submitted under this section from any person other than the shareholders or owners of the eligible electricity supplier4 7d7 ,deferral of grants and payments 7#a7 ,in general ,subject to paragraph 7#b71 with respect to any of calendar years #bjbc through #bjbi1 an eligible electricity supplier may elect to defer a grant or a payment for the calendar year1 and shall notify the ,secretary of such election at such time and in such form as the ,secretary requires4 7#b7 ,limitation ,an eligible electricity supplier may not make an election described in paragraph 7#a7 for a calendar year if the eligible electricity supplier made that election for the preceding #b calendar years4 7#c7 ,grant or payment following deferral 7,a7 ,eligibility ,an eligible electricity supplier making an election under this subsection shall be eligible for a grant1 or shall submit a payment1 for a performance year following a deferred year based on whether its certified clean electricity percentage increased1 on average1 by #d or more percentage points in that performance year and each consecutive deferred year immediately preceding that performance year4 7,b7 ,amounts ,the amount of a grant or payment pursuant to this subsection shall be based on the calculations set forth in subsections 7b7 and 7c71 respectively1 adjusted to account for the performance year and each deferred year4 7e7 ,requirements 7#a7 ,conditions ,in each of calendar years #bjbd through #bjca1 each eligible electricity supplier-- 7,a7 shall submit to the ,secretary1 by a date determined by the ,secretary 7but not later than ,june #a7-- 7i7 a performance certification for the preceding calendar year1 using such methods and subject to such audit provisions as the ,secretary determines appropriate1 of-- 7,i7 the total electricity load of the eligible electricity supplier in such preceding calendar year2 7,,ii7 the quantity of megawatt-hours of qualified clean electricity that the eligible electricity supplier claims for such preceding calendar year for purposes of this section2 and 7,,iii7 the percentage of the total electricity load certified under subclause 7,i7 that is qualified clean electricity claimed under subclause 7,,ii72 7ii7 a written assurance that the eligible electricity supplier will promptly report to any applicable commission1 board1 or governance body that regulates the eligible electricity supplier any grant received or payment submitted by the eligible electricity supplier under this section2 and 7iii7 a compliance certification that the eligible electricity supplier has complied1 with respect to each grant received or payment submitted by the eligible electricity supplier under this section1 as applicable1 with-- 7,i7 all written assurances submitted under this section2 7,,ii7 the requirements of paragraph 7#c72 and 7,,iii7 requirements established by the ,secretary to ensure the financial integrity of grants issued and payments collected under this section2 and 7,b7 may not receive a grant under this section for a performance year unless the eligible electricity supplier-- 7i7 complies with subparagraph 7,a7 with respect to that performance year2 and 7ii7 submits to the ,secretary1 for that performance year1 a written assurance in accordance with section #hjc7;b77#c7 of the ,energy ,independence and ,security ,act 7#db ,u4,s4,c4 #agbhb7;b77#c77 7for purposes of which any reference to a grant under that section shall be considered to be a reference to a grant under this section74 7#b7 ,baseline ,each eligible electricity supplier1 including each new eligible electricity supplier1 shall provide sufficient information to the ,secretary1 as determined by the ,secretary1 to establish its baseline clean electricity percentage4 7#c7 ,use of funds ,an eligible electricity supplier shall use a grant received under this section exclusively for the benefit of the ratepayers of the eligible electricity supplier1 including direct bill assistance to ratepayers1 investments in qualified clean electricity and energy efficiency1 and worker retention4 7f7 ,definitions ,in this section3 7#a7 ,baseline clean electricity percentage 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term baseline clean electricity percentage means1 with respect to an eligible electricity supplier1 the average percentage of the total electricity load of the eligible electricity supplier for calendar years #bjai and #bjbj that is represented by1 as determined by the ,secretary-- 7i7 the average clean electricity percentage of the eligible electricity supplier for such calendar years2 and 7ii7 a share of any unallocated qualified clean electricity for such calendar years4 7,b7 ,new eligible electricity suppliers ,with respect to a new eligible electricity supplier1 the term baseline clean electricity percentage means the prevailing average clean electricity percentage of comparable eligible electricity suppliers in the area in which the new eligible electricity supplier provides end-use electricity customers with electricity1 as determined by the ,secretary4 7#b7 ,carbon dioxide equivalent emissions ,the term carbon dioxide equivalent emissions means1 with respect to a greenhouse gas1 the number of metric tons of carbon dioxide emissions with the same global warming potential over a #bj-year period as #a metric ton of emissions of the greenhouse gas1 as determined by the ,secretary1 taking into consideration relevant methods and information described in assessment reports prepared by the ,intergovernmental ,panel on ,climate ,change4 7#c7 ,carbon intensity ,the term carbon intensity means the carbon dioxide equivalent emissions released into the atmosphere from the generation of #a megawatt-hour of electricity by an electric generating unit1 as determined by the ,secretary4 7#d7 ,certified clean electricity percentage ,the term certified clean electricity percentage means1 with respect to an eligible electricity supplier1 the percentage certified by the eligible electricity supplier under subsection 7e77#a77;,a77i77,,iii71 which may only include qualified clean electricity with respect to which the eligible electricity supplier holds the exclusive rights to the qualifying attributes4 7#e7 ,clean electricity percentage ,the term clean electricity percentage means1 with respect to an eligible electricity supplier1 the percentage of the total electricity load of the eligible electricity supplier that is qualified clean electricity1 with respect to which the eligible electricity supplier holds the exclusive rights to the qualifying attributes4 7#f7 ,eligible electricity supplier ,the term eligible electricity supplier means1 notwithstanding section #bja7;b77#a71 any entity within the ,united ,states1 including an entity described in section #bja7;f71 that-- 7,a7 provides end-use electricity customers with electricity2 and 7,b7 is granted the authority or has an obligation pursuant to ,federal1 ,state1 or local law or regulation to provide electricity to end-use electricity customers4 7#g7 ,new eligible electricity supplier ,the term new eligible electricity supplier means an eligible electricity supplier that did not provide electricity to end-use electricity customers in both of calendar years #bjai and #bjbj4 7#h7 ,performance year ,the term performance year means the calendar year for which a certification was submitted under subsection 7e77#a77;,a77i74 7#i7 ,qualified clean electricity ,the term qualified clean electricity means electricity generated by an electric generating unit1 or technology type or class thereof1 that has a carbon intensity that is not more than #j4aj4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aa7 ,total electricity load ,the term total electricity load means1 with respect to an eligible electricity supplier1 the total quantity1 in megawatt-hours1 of electricity provided by the eligible electricity supplier to end-use electricity customers in a calendar year4 4 #b ,residential ,efficiency and ,electrification ,rebates #cjdba4 ,home energy performance-based1 whole-house rebates and training grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy 7referred to in this section as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to institute guidelines for ,state energy offices to provide rebates to homeowners and aggregators for whole-house energy saving retrofits as authorized under section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb71 which shall be made available as follows3 7#a7 ,home on-line performance-based energy efficiency 7,,hope7 contractor training grants 7,a7 ,in general #ejj1jjj1jjj shall be available for the ,secretary to award grants to ,states through the ,state ,energy ,program1 which shall partner with nonprofit organizations to fund qualifying programs described in subparagraph 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 paragraph 7#b74 7,b7 ,qualifying programs ,for the purposes of this paragraph1 qualifying programs are programs that-- 7i7 provide the equivalent of at least #cj hours in total course time2 7ii7 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 7iii7 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 7iv7 have established learning objectives2 7v7 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 7vi7 include training related to-- 7,i7 contractor certification2 7,,ii7 energy auditing or assessment2 7,,iii7 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 7,,iv7 insulation installation and air leakage control2 7,v7 health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits2 7,,vi7 indoor air quality2 7,,vii7 energy efficiency retrofits in manufactured housing2 and 7,,viii7 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 paragraph to administer a qualifying program described in subparagraph 7,b71 including for the conduct of design and operations activities4 7,d7 ,terms and conditions 7i7 ,eligible use of funds ,of the amounts made available to a ,state under this paragraph1 #he percent shall be used by the ,state-- 7,i7 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 7,,ii7 to reimburse the contractor company for training costs for employees2 7,,iii7 to provide any home technology support needed for an employee to receive training pursuant to this section2 and 7,,iv7 to support wages of employees during training4 7ii7 ,timing of obligations ,amounts made available under this paragraph shall be used1 as necessary1 to cover or reimburse allowable costs incurred after the date of enactment of this ,act4 7iii7 ,unobligated amounts ,amounts made available under this paragraph which are not accepted1 are voluntarily returned1 or otherwise recaptured for any reason shall be used to fund grants under paragraph 7#b74 7#b7 ,home owner managing energy savings 7,,homes7 rebates 7,a7 ,in general #ie percent of amounts made available under this section shall be available to the ,secretary to award grants to ,state energy offices to establish ,home ,owner ,managing ,energy ,savings 7,,homes7 ,rebate ,programs through the ,state ,energy ,program under part ,b of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq471 in accordance with the formula for the ,state ,energy ,program in effect on ,january #a1 #bjba4 7,b7 ,coordination ,in carrying out this section1 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 section a ,state shall submit to the ,secretary an application that includes a plan to implement a qualifying ,state program that includes-- 7i7 a plan to ensure that each home energy efficiency retrofit under the program-- 7,i7 is completed by a contractor who meets minimum training requirements1 certification requirements1 and other requirements established by the ,secretary2 and 7,,ii7 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 7ii7 a plan-- 7,i7 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 7,,ii7 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 7,,iii7 to value savings based on time1 location1 or greenhouse gas emissions2 7iii7 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 7iv7 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 7v7 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 7vi7 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 section1 #he percent shall be used to provide ,home ,owner ,managing ,energy ,savings 7,,homes7 ,rebates to-- 7i7 individuals and aggregators for the energy efficiency upgrades of single-family homes of not more than #d units-- 7,i7 #b1jjj for a retrofit that achieves at least #bj percent modeled energy system savings or #ej percent of the project cost1 whichever is lower2 7,,ii7 #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 7,,iii7 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 7ii7 multifamily building owners and aggregators for the energy efficiency upgrades of multifamily buildings-- 7,i7 #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 7,,ii7 #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 7,,iii7 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 7iii7 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 by the ,department of ,housing and ,urban ,development-- 7,i7 #d1jjj for a retrofit that achieves at least #bj percent modeled energy system savings or #hj percent of the project cost1 whichever is lower2 7,,ii7 #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 7,,iii7 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 section shall be used for the purposes of each of clauses 7i71 7ii71 and 7iii7 of subparagraph 7,d74 7,f7 ,eligibility of certain appliances ,in calculating total energy savings for single family or multifamily homes under this section1 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 paragraph shall be expended for planning and management development and administration4 7,h7 ,technical assistance ,amounts made available under this paragraph shall be used for single family1 multifamily1 and manufactured housing rebates and the ,secretary shall1 in consultation with ,states1 contractors1 and other 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 7#db ,u4,s4,c4 #aehba7 7as amended by section #cjdbb of this subtitle7 may be used in conjunction with the funds made available under this section4 7b7 ,definitions ,in this section3 7#a7 ,aggregator ,the term aggregator means a gas utility1 electric utility1 or commercial1 nonprofit1 or 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 7a77#b74 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 7a77#b74 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 and 7,c7 is occupied at least #f months out of the year4 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 with #e or more dwelling units4 7#h7 ,state energy office ,the term ,state energy office means the ,state agency responsible for developing ,state energy conservation plans under section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb74 7#i7 ,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 #cjdbb4 ,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 appropriated1 #c1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this section1 including to provide rebates under this section1 of which the ,secretary-- 7,a7 may use not more than #e1jjj1jjj for community and consumer education and outreach related to this section2 and 7,b7 shall use not more than #cjj1jjj1jjj-- 7i7 to administer this section2 and 7ii7 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 #e1ejj1jjj1jjj1 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 ,state1 the ,district of ,columbia1 or a territory of the ,united ,states2 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 located2 or 7,b7 that is low-income 7as defined in section #dab of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfb774 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 and 7ii7 may share common facilities2 and 7,b7 that is not a home4 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 ,tribal community ,the term ,tribal community means a ,tribal tract or ,tribal block group4 7#ae7 ,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 #c ,building ,efficiency and ,resilience #cjdca4 ,weatherization assistance program 7a7 ,in general ,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 ,september #cj1 #bjca1 to carry out activities under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa through #fhgb74 7b7 ,financial assistance for ,,wap enhancement and innovation ,notwithstanding subsections 7j7 and 7k7 of section #dad;,d of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfd;d7j7 and 7k771 the ,secretary shall use #hej1jjj1jjj of the amount made available under subsection 7a7 of this section to award financial assistance under such section #dad;,d1 including financial assistance to implement measures to make dwelling units that are occupied by low-income persons weatherization-ready4 7c7 ,average cost per dwelling unit ,section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking #f1ejj and inserting #ab1jjj2 and 7#b7 in paragraph 7#d71 by striking #c1jjj and inserting #f1jjj4 #cjdcb4 ,critical facility modernization 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 #c1bjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out a program under which the ,secretary of ,energy provides funds to ,states to be used in accordance with subsection 7c74 7b7 ,allocation of funds ,the ,secretary of ,energy shall allocate funds made available under subsection 7a7 to ,states in accordance with the formula used to allocate ,federal financial assistance granted pursuant to section #cfc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbc7 7as of ,january #a1 #bjba71 except that no matching requirement shall apply4 7c7 ,use of funds 7#a7 ,in general ,a ,state that receives funds under this section shall use such funds to-- 7,a7 provide technical assistance for carrying out a covered project2 7,b7 facilitate carrying out a covered project1 including by providing a grant1 loan1 or other financial assistance to another entity2 7,c7 carry out a covered project2 or 7,d7 pay for any administrative expenses related to any activity described in subparagraphs 7,a7 through 7,c74 7#b7 ,limit on technical assistance ,a ,state that receives funds under this section may not use more than #aj percent of such funds to provide technical assistance under paragraph 7#a77;,a7 related to the development1 facilitation1 management1 oversight1 or measurement of results of covered projects4 7d7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a building project at an eligible facility that-- 7,a7 increases-- 7i7 the resiliency of an eligible facility1 which includes-- 7,i7 making improvements to public health and safety2 7,,ii7 mitigating power outages2 7,,iii7 hardening against natural disasters2 7,,iv7 improving indoor air quality2 and 7,v7 making any modifications necessitated by the ,,covid-#ai pandemic2 7ii7 energy efficiency2 7iii7 the use of renewable energy2 or 7iv7 grid integration2 and 7,b7 may include a combined heat and power1 microgrid1 or energy storage component4 7#b7 ,eligible facility ,the term eligible facility means any public or nonprofit building1 as determined by the ,secretary1 including-- 7,a7 a public school1 including an elementary school and a secondary school2 7,b7 a facility used to operate an early childhood education program2 7,c7 the facilities of a local educational agency2 7,d7 a medical facility2 7,e7 a local or ,state government building2 7,f7 a community facility2 7,g7 a public safety facility2 7,h7 a day care center2 7,i7 an institution of higher education2 7,j7 a public library2 and 7,k7 a wastewater treatment facility4 7#c7 ,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#d7 ,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 #cjdcc4 ,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 appropriated1 #cjj1jjj1jjj1 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 #fcbf71 of which-- 7#a7 #ajj1jjj1jjj1 shall be for grants to assist ,states1 and units of local government that have authority to adopt building codes1 to-- 7,a7 adopt-- 7i7 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 7ii7 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 7iii7 any combination of building energy codes described in clause 7i7 or 7ii72 and 7,b7 implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under subparagraph 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 year2 and 7#b7 #bjj1jjj1jjj1 shall be 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 subparagraph 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 7b7 ,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 7c7 ,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 #d ,zero ,emissions ,vehicle ,infrastructure ,buildout #cjdda4 ,definitions ,in this part3 7#a7 ,electric vehicle ,the term electric vehicle means a vehicle that derives all or part of its power from electricity4 7#b7 ,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 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#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #cjddb4 ,electric vehicle supply equipment rebate 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 #b1jjj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to establish and carry out a rebate program to provide rebates to eligible entities for covered expenses associated with electric vehicle supply equipment located at workplaces1 multi-unit housing structures1 and publicly accessible locations4 7b7 ,rebate program requirements 7#a7 ,eligible equipment and locations 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall publish and maintain on the ,department of ,energy internet website a list of electric vehicle supply equipment that is eligible for the rebate program4 ,such list may include technical specifications and requirements for such electric vehicle supply equipment to enhance safety1 cybersecurity1 performance1 accessibility1 and alignment with relevant codes and standards1 as determined appropriate by the ,secretary4 7,b7 ,location requirement ,an eligible entity may receive a rebate under the rebate program only if the electric vehicle supply equipment included on the list published under subparagraph 7,a7 is installed-- 7i7 in the ,united ,states2 7ii7 on property-- 7,i7 owned by the eligible entity2 or 7,,ii7 on which the eligible entity has authority to install electric vehicle supply equipment2 and 7iii7 at a location that is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace1 and available to employees of such workplace or employees of a nearby workplace2 or 7,,iii7 publicly accessible1 including a publicly accessible commercial location4 7,c7 ,public accessibility ,for electric vehicle supply equipment not located at a multi-unit housing structure or a workplace1 an eligible entity may receive a rebate under the rebate program only if the installed electric vehicle supply equipment is-- 7i7 publicly accessible for a minimum of #ab hours per day at least #e days per week2 and 7ii7 networked or otherwise capable of being monitored remotely4 7#b7 ,application ,in order to receive a rebate under the rebate program1 an eligible entity shall submit to the ,secretary an application4 ,such application shall include-- 7,a7 the estimated cost of covered expenses to be expended on the electric vehicle supply equipment that is eligible under paragraph 7#a72 7,b7 the estimated installation cost of the electric vehicle supply equipment that is eligible under paragraph 7#a72 7,c7 the global positioning system location1 including the integer number of degrees1 minutes1 and seconds1 of where such electric vehicle supply equipment is to be installed1 and identification of whether such location is-- 7i7 a multi-unit housing structure2 7ii7 a workplace2 or 7iii7 publicly accessible1 including a publicly accessible commercial location1 in accordance with paragraph 7#a77;,c72 7,d7 the technical specifications of such electric vehicle supply equipment1 including the maximum power voltage and amperage of such equipment2 7,e7 an assessment of the electrical capacity at the location where such electric vehicle supply equipment is to be installed1 and1 as necessary1 proof of communication with the electric utility that will serve the electric vehicle supply equipment to be installed2 and 7,f7 any other information determined by the ,secretary to be necessary for a complete application4 7#c7 ,funding set-asides ,each fiscal year1 the ,secretary may set aside an amount of funding under the rebate program to ensure1 to the extent possible given the applications meeting the requirements of the rebate program submitted1 rebates are distributed-- 7,a7 to individuals and small businesses1 as determined by the ,secretary2 and 7,b7 for electric vehicle supply equipment-- 7i7 located in rural communities1 as determined by the ,secretary2 and 7ii7 located in low-income and disadvantaged communities1 as determined by the ,secretary4 7#d7 ,rebate amount 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount of a rebate made under the rebate program for new electric vehicle supply equipment at a location shall be the lesser of-- 7i7 #ge percent of the applicable covered expenses2 7ii7 #a1jjj for covered expenses associated with the purchase and installation of non-networked level #b charging equipment2 7iii7 #d1jjj for covered expenses associated with the purchase and installation of networked level #b charging equipment2 or 7iv7 #ajj1jjj for covered expenses associated with the purchase and installation of networked direct current fast charging equipment4 7,b7 ,rebate amount for replacement equipment ,the amount of a rebate made under the rebate program for replacement of pre-existing electric vehicle supply equipment of similar specifications at a location shall be the lesser of-- 7i7 #ge percent of the applicable covered expenses2 7ii7 #ejj for covered expenses associated with the purchase and installation of non-networked level #b charging equipment2 7iii7 #b1jjj for covered expenses associated with the purchase and installation of networked level #b charging equipment2 or 7iv7 #ce1jjj for covered expenses associated with the purchase and installation of networked direct current fast charging equipment4 7#e7 ,disbursement of rebate 7,a7 ,materials required for disbursement of rebate ,before a rebate may be disbursed to an eligible entity1 such eligible entity shall submit to the ,secretary-- 7i7 a record of payment for covered expenses expended on the installation of the electric vehicle supply equipment that is eligible under paragraph 7#a72 7ii7 a record of payment for the electric vehicle supply equipment that is eligible under paragraph 7#a72 7iii7 the global positioning system location1 including the integer number of degrees1 minutes1 and seconds1 of where such electric vehicle supply equipment was installed and identification of whether such location is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace2 or 7,,iii7 publicly accessible1 including a publicly accessible commercial location1 in accordance with paragraph 7#a77;,c72 7iv7 the technical specifications of the electric vehicle supply equipment that is eligible under paragraph 7#a71 including the maximum power voltage and amperage of such equipment2 and 7v7 any other information determined by the ,secretary to be necessary4 7,b7 ,agreement to maintain ,to be eligible for a rebate under the rebate program1 an eligible entity shall enter into an agreement with the ,secretary to maintain the electric vehicle supply equipment that is eligible under paragraph 7#a7 in a satisfactory manner1 and at the location stated in the application or in the materials submitted under subparagraph 7,a71 as applicable1 for not fewer than #e years after the date on which the eligible entity receives the rebate under the rebate program4 7,c7 ,exception ,the ,secretary may decline to disburse a rebate under the rebate program if materials submitted under subparagraph 7,a7 vary significantly1 as determined by the ,secretary1 from the global positioning system location and technical specifications for the electric vehicle supply equipment that is eligible under paragraph 7#a7 provided in an application under paragraph 7#b74 7#f7 ,multi-port chargers ,an eligible entity shall be awarded a rebate under the rebate program for covered expenses relating to the purchase and installation of a multi-port charger based on the number of publicly accessible charging ports1 with each subsequent port after the first port being eligible for #ge percent of the full rebate amount4 7#g7 ,hydrogen fuel cell refueling equipment ,hydrogen fuel cell refueling equipment shall be eligible for a rebate under the rebate program as though it were networked direct current fast charging equipment1 and all applicable requirements related to such equipment shall apply4 7#h7 ,networked direct current fast charging ,of amounts appropriated to carry out the rebate program1 not more than #dj percent may be used for rebates of networked direct current fast charging equipment or hydrogen fuel cell refueling equipment4 7c7 ,definitions ,in this section3 7#a7 ,covered expenses ,the term covered expenses means an expense that is associated with the purchase and installation of electric vehicle supply equipment1 including-- 7,a7 the cost of electric vehicle supply equipment2 7,b7 labor costs associated with the installation of such electric vehicle supply equipment2 7,c7 material costs associated with the installation of such electric vehicle supply equipment1 including expenses borne by rebate recipients for electrical equipment and necessary upgrades or modifications to the electrical grid and associated infrastructure required for the installation of such electric vehicle supply equipment2 7,d7 permit costs associated with the installation of such electric vehicle supply equipment2 and 7,e7 the cost of an on-site energy storage system that supports electrical load balancing or otherwise improves the performance of such electric vehicle supply equipment4 7#b7 ,eligible entity ,the term eligible entity means an individual1 a ,state1 local1 ,tribal1 or ,territorial government1 a private entity1 a not-for-profit entity1 a nonprofit entity1 or a metropolitan planning organization4 7#c7 ,level #b charging equipment ,the term level #b charging equipment means electric vehicle supply equipment that provides an alternating current power source at a minimum of #bjh volts4 7#d7 ,multi-port charger ,the term multi-port charger means electric vehicle charging unit capable of charging more than one electric vehicle simultaneously4 7#e7 ,networked direct current fast charging equipment ,the term networked direct current fast charging equipment means electric vehicle supply equipment that is capable of providing a direct current power source at a minimum of #ej kilowatts and is enabled to connect to a network to facilitate data collection and access4 7#f7 ,rebate program ,the term rebate program means the rebate program established under subsection 7a74 #cjddc4 ,electric vehicle charging equity 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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to carry out this section4 7b7 ,program ,the ,secretary shall use amounts made available under subsection 7a7 to establish and carry out a program1 to be known as the ,,ev ,charging ,equity ,program1 to-- 7#a7 provide technical assistance to eligible entities described in subsection 7f72 7#b7 award grants on a competitive basis to eligible entities described in subsection 7f7 for projects that increase deployment and accessibility of electric vehicle supply equipment in underserved or disadvantaged communities1 including projects that are-- 7,a7 publicly accessible2 7,b7 located within or are easily accessible to residents of-- 7i7 public or affordable housing2 7ii7 multi-unit dwellings2 or 7iii7 single-family homes2 and 7,c7 located within or easily accessible to places of work1 provided that such electric vehicle supply equipment is accessible no fewer than #e days per week2 and 7#c7 provide education and outreach regarding the ,,ev ,charging ,equity ,program and the benefits and opportunities for electric vehicle charging to individuals and relevant entities that live within or serve underserved or disadvantaged communities1 including by providing-- 7,a7 an electric vehicle charging resource guide that is maintained electronically on a website1 is public1 and is directed towards individuals and relevant entities that live within or serve underserved or disadvantaged communities2 7,b7 targeted outreach towards1 and coordinated public outreach with1 relevant local1 ,state1 and ,tribal entities1 nonprofit organizations1 and institutions of higher education1 that are located within or serve underserved or disadvantaged communities2 and 7,c7 any other form of education or outreach as the ,secretary determines appropriate4 7c7 ,cost share 7#a7 ,in general ,except as provided in paragraph 7#b71 the amount of a grant awarded under this section for a project shall not exceed #hj percent of project costs4 7#b7 ,single-family homes ,the amount of a grant awarded under this section for a project that involves1 as a primary focus1 single-family homes shall not exceed #fj percent of project costs4 7d7 ,priority ,in awarding grants and providing technical assistance under this section1 the ,secretary shall give priority to projects that-- 7#a7 provide the greatest benefit to the greatest number of people within an underserved or disadvantaged community2 7#b7 incorporate renewable energy resources2 7#c7 maximize local job creation1 particularly among low-income1 women1 and minority workers2 or 7#d7 utilize or involve locally owned small and disadvantaged businesses1 including women and minority-owned businesses4 7e7 ,limitation ,not more than #ae percent of the amount awarded for grants under this section in a fiscal year shall be awarded for projects that involve1 as a primary focus1 single-family homes4 7f7 ,eligible entities 7#a7 ,in general ,to be eligible for a grant or technical assistance under the ,,ev ,charging ,equity ,program1 an entity shall be-- 7,a7 an individual or household that is the owner of where a project will be carried out2 7,b7 a ,state1 local1 ,tribal1 or ,territorial government1 or an agency or department thereof2 7,c7 an electric utility1 including-- 7i7 a municipally owned electric utility2 7ii7 a publicly owned electric utility2 7iii7 an investor-owned utility2 and 7iv7 a rural electric cooperative2 7,d7 a nonprofit organization or institution2 7,e7 a public housing authority2 7,f7 an institution of higher education1 as determined by the ,secretary2 7,g7 an entity that utilizes or involves locally owned small and disadvantaged businesses1 including women and minority-owned businesses2 or 7,h7 a partnership between any number of eligible entities described in subparagraphs 7,a7 through 7,g74 7#b7 ,updates ,the ,secretary may add to or otherwise revise the list of eligible entities as the ,secretary determines necessary4 7g7 ,definitions ,in this section3 7#a7 ,publicly accessible ,the term publicly accessible means1 with respect to electric vehicle supply equipment1 electric vehicle supply equipment that is available1 at zero or reasonable cost1 to members of the public for the purpose of charging a privately owned or leased electric vehicle1 or electric vehicle that is available for use by members of the general public as part of a ride service or vehicle sharing service or program1 including within or around-- 7,a7 public sidewalks and streets2 7,b7 public parks2 7,c7 public buildings1 including-- 7i7 libraries2 7ii7 schools2 and 7iii7 government offices2 7,d7 public parking2 7,e7 shopping centers2 and 7,f7 commuter transit hubs4 7#b7 ,underserved or disadvantaged community ,the term underserved or disadvantaged community means a community or geographic area that is identified 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 any other community that the ,secretary determines is disproportionately vulnerable to1 or bears a disproportionate burden of1 any combination of economic1 social1 environmental1 and climate stressors4 #cjddd4 ,state energy plans 7a7 ,appropriation ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended to read as follows3 7f7 ,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 until ,september #cj1 #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to carry out section #cfg4 4 7b7 ,state energy transportation plans 7#a7 ,in general ,the ,energy ,policy and ,conservation ,act is amended by adding after section #cff 7#db ,u4,s4,c4 #fcbf7 the following3 #cfg4 ,state energy transportation plans 7a7 ,in general ,the ,secretary may provide financial assistance and technical assistance to a ,state to develop a ,state energy transportation plan1 for inclusion in a ,state energy conservation plan under section #cfb7;d71 to promote the electrification of the transportation system1 reduced consumption of fossil fuels1 and reduced energy demand4 7b7 ,development ,a ,state developing a ,state energy transportation plan under this section shall carry out this activity through the ,state energy office that is responsible for developing the ,state energy conservation plan under section #cfb4 7c7 ,contents ,a ,state developing a ,state energy transportation plan under this section shall include in such plan a plan to-- 7#a7 deploy a network of electric vehicle supply equipment to ensure access to electricity for electric vehicles1 including commercial vehicles1 to an extent that such electric vehicles can travel throughout the ,state without running out of a charge2 and 7#b7 promote modernization of the electric grid1 including through the use of renewable energy sources to power the electric grid1 to accommodate demand for power to operate electric vehicle supply equipment and to utilize energy storage capacity provided by electric vehicles1 including commercial vehicles4 7d7 ,technical assistance ,upon request of the ,governor of a ,state1 the ,secretary shall provide information and technical assistance in the development1 implementation1 or revision of a ,state energy transportation plan4 7e7 ,electric vehicle supply equipment defined ,for purposes of this section1 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 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 4 7#b7 ,conforming amendment ,the table of contents for part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act is amended by adding at the end the following3 ,sec4 #cfg4 ,state energy transportation plans4 4 7c7 ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 a ,state energy transportation plan developed in accordance with section #cfg2 and 4 #cjdde4 ,transportation electrification 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 to remain available until ,september #cj1 #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca7-- 7#a7 #d1jjj1jjj1jjj for grants under section #aca7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa7;b772 and 7#b7 #f1jjj1jjj1jjj for grants under subsection 7b7 of this section4 7b7 ,use of funds ,the ,secretary may use amounts made available under subsection 7a77#b7 of this section to-- 7#a7 provide grants under subsection 7c7 of section #aca of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa7 for the conduct of qualified electric transportation projects 7as defined in such section #aca72 and 7#b7 provide grants in accordance with section #aca7;c7 of such ,act for the conduct of any of the following projects3 7,a7 ,installation of electric vehicle supply equipment for recharging plug-in electric drive vehicles1 including such equipment that is accessible in rural and urban areas and in underserved or disadvantaged communities and such equipment for medium- and heavy-duty vehicles1 including at depots and in-route locations4 7,b7 ,multi-use charging hubs used for multiple forms of transportation4 7,c7 ,medium- and heavy-duty vehicle smart charging management and refueling4 7,d7 ,battery recycling and secondary use1 including for medium- and heavy-duty vehicles4 7,e7 ,shipside or shoreside electrification for ground support equipment at ports4 7,f7 ,electric airport ground support vehicles4 7,g7 ,sharing of best practices1 and technical assistance provided by the ,department of ,energy to public utilities commissions and utilities1 for medium- and heavy-duty vehicle electrification4 7c7 ,priority ,in making grants under section #aca7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa7;b77 using amounts made available under subsection 7a77#a7 of this section1 in addition to the priority considerations described in paragraph 7#c7 of such section #aca7;b71 the ,secretary shall give priority consideration to applications that are likely to make a significant contribution to the advancement of the production of the components and charging equipment for the vehicles described in paragraph 7#a7 of such section #aca7;b7 in the ,united ,states4 #e ,,doe ,loan and ,grant ,programs #cjdea4 ,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 #cj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no commitments shall be made using the authority provided by this section after ,september #cj1 #bjca3 ,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 ,director of the ,office of ,management and ,budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this 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 value as determined by the head of the relevant ,federal agency2 7#c7 projects as a result of such projects benefitting from ,federal insurance programs2 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 #gjj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 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 section1 for renewable or energy efficient systems and manufacturing1 and distributed energy generation1 transmission1 and distribution4 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 #cjdeb4 ,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 expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 for the costs of-- 7#a7 providing direct loans under subsection 7d7 of section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac72 and 7#b7 providing direct loans in accordance with such section #acf1 for reequipping1 expanding1 or establishing a manufacturing facility in the ,united ,states to produce1 or for engineering integration performed in the ,united ,states of1 any of the following that emit1 under any possible operational mode or condition1 zero exhaust emissions of any greenhouse gas3 7,a7 ,a medium duty vehicle or a heavy duty vehicle4 7,b7 ,a train or locomotive4 7,c7 ,a maritime vessel4 7,d7 ,an aircraft4 7,e7 ,hyperloop technology4 7b7 ,administrative costs ,the ,secretary shall reserve #ab1jjj1jjj 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 #cjdec4 ,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 #a1jjj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 for grants relating to domestic production of zero-emission vehicles under section #gab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb74 7b7 ,administrative costs ,the ,secretary shall reserve #b 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 #cjded4 ,energy community reinvestment financing 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 #b1jjj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 for the cost of providing financial support under section #agjf of the ,energy ,policy ,act of #bjje4 7b7 ,amendment ,title ,,xvii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa et seq47 is amended by adding at the end the following3 #agjf4 ,energy community reinvestment financing program 7a7 ,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 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 7b7 ,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 7a71 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 7c7 ,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 ,use of appropriated funds ,any cost for any financial support provided under this section shall be paid by the ,secretary using appropriated funds4 7#c7 ,application of other law ,section #bjcbj7;a7 of division ,b of ,public ,law #aji-bhi 7#db ,u4,s4,c4 #afeae7;a77 shall not apply to this section4 7d7 ,definitions ,in this section3 7#a7 ,cost2 direct loan ,the terms cost and direct loan have the meanings given such terms 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 direct loan2 7,b7 a line of credit2 and 7,c7 a guarantee1 including of a letter of credit for the purposes of subsection 7a77#c74 7#e7 ,guarantee ,the term guarantee has the meaning given such term in section #agja4 4 #f ,electric transmission #cjdfa4 ,transmission line and intertie grants and loans 7a7 ,appropriation 7#a7 ,in general ,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 #h1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca71 for purposes of providing grants and direct loans under subsection 7b71 and for administrative expenses associated with carrying out this section3 ,provided1 ,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 value as determined by the head of the relevant ,federal agency2 7#c7 projects benefitting from ,federal insurance programs2 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 ,director of the ,office of ,management and ,budget has certified in advance in writing that the loan and the project comply with the provisions under this section4 7#b7 ,limit ,not more than #a1jjj1jjj1jjj of the amount appropriated under paragraph 7#a7 may be used to pay for the costs of providing direct loans under subsection 7b74 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 ,terms and conditions ,in providing direct loans under subsection 7b71 the ,secretary may require such terms and conditions the ,secretary determines appropriate4 7#c7 ,recovery of costs for grants ,a grant provided under this section may not be used to construct new1 or make upgrades to existing1 eligible transmission lines or eligible interties if the costs for such construction or upgrade are approved for recovery through a ,transmission ,organization 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif774 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 #cjdfb4 ,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 #bjca 7provided no funds shall be disbursed after such date71 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 project1 including the environmental1 reliability1 wildlife1 cultural1 historical1 water1 land-use1 public health1 employment1 tax-revenue1 market1 cost1 and rate regulation impacts4 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 project4 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 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 #cjdfc4 ,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 #ajj1jjj1jjj1 to remain available until fiscal year #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca71 for purposes of providing technical assistance and grants under subsection 7b74 7b7 ,technical assistance and grants ,the ,secretary shall use amounts made available under subsection 7a7 to-- 7#a7 provide grants to ,states to pay for-- 7,a7 technical assistance for any of the activities described in subsection 7c72 or 7,b7 the procurement of data or technology systems related to any of the activities described in subsection 7c72 and 7#b7 provide technical assistance for the activities described in subsection 7c74 7c7 ,activities ,the activities described in this subsection are-- 7#a7 forming1 expanding1 or improving an organized wholesale electricity market1 including with respect to-- 7,a7 market governance assistance2 7,b7 planning and policy assistance2 and 7,c7 regulatory development assistance2 7#b7 aligning the policies of an organized wholesale electricity market with relevant ,state policies2 and 7#c7 evaluating the economic1 operational1 reliability1 environmental1 and other benefits of organized wholesale electricity markets4 7d7 ,applications 7#a7 ,in general ,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 7#b7 ,grants ,an application for a grant submitted under paragraph 7#a7 shall certify how the ,state will use the grant in accordance with subsection 7b74 7e7 ,priority ,in evaluating applications submitted under subsection 7c71 the ,secretary shall give priority to applications that are submitted by more than one ,state4 7f7 ,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 any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,guam4 #cjdfd4 ,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 #bjca 7except that no funds shall be disbursed after such date71 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 ,indian ,tribes1 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 alternatives 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 and 7,k7 evaluation of existing rights-of-way and the need for additional transmission corridors4 #g ,environmental reviews #cjdga4 ,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 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjca 7except that no amounts may be disbursed after ,september #cj1 #bjca71 to provide for more efficient and more effective environmental reviews under the ,national ,environmental ,policy ,act of #aifi through the hiring and training of additional personnel1 the development of programmatic assessments or templates1 the procurement of technical or scientific services1 the development of data or technology systems1 stakeholder and community engagement1 and the purchase of new equipment4 #cjdgb4 ,federal ,energy ,regulatory ,commission ,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 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca 7except that no amounts may be disbursed after ,september #cj1 #bjca71 to provide for more efficient and more effective environmental reviews under the ,national ,environmental ,policy ,act of #aifi through the hiring and training of additional personnel1 the development of programmatic assessments or templates1 the procurement of technical or scientific services1 the development of data or technology systems1 stakeholder and community engagement1 and the purchase of new equipment4 #h ,other ,energy ,matters #cjdha4 ,federal ,energy ,efficiency ,fund 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 #ag1ejj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to provide grants to agencies to assist them in meeting the requirements of section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 or to assist agencies in reducing the carbon emissions of new or existing ,federal buildings and ,federal fleets4 7b7 ,use of funds ,the ,secretary shall use the funds made available pursuant to subsection 7a7 to provide grants to agencies pursuant to section #edf7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbef7;b771 and to establish a program to provide competitive grants to agencies1 to carry out projects for onsite or offsite measures that-- 7#a7 are applied to or serve a ,federal building or ,federal fleet2 and 7#b7 involve energy conservation1 cogeneration facilities1 renewable energy sources1 low carbon materials1 improvements in operations and maintenance efficiencies1 retrofit activities1 automotive supply equipment1 building electrification1 energy storage devices1 energy consuming devices and required support structures1 or carbon-pollution free electricity4 7c7 ,considerations ,in providing grants under subsection 7b71 the ,secretary may consider-- 7#a7 the cost-effectiveness of the project2 7#b7 the extent to which a project promotes the integration of clean energy1 carbon pollution-free electricity1 low carbon materials1 automotive supply equipment1 and such other onsite or offsite measures as the ,secretary determines to be appropriate2 7#c7 the amount of energy and cost savings anticipated to the ,federal ,government2 7#d7 the amount of funding committed to the project by the agency requesting the grant2 7#e7 the extent that a proposal leverages financing from other non-,federal sources2 and 7#f7 any other factor which the ,secretary determines is in furtherance of this section4 7d7 ,definitions ,in this section3 7#a7 ,automotive supply equipment ,the term automotive 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 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 ,low carbon material ,the term low carbon material means any material for which the quantity of greenhouse gases 7measured in kilograms of carbon dioxide equivalent7 emitted to the atmosphere by the manufacture1 transportation1 installation1 maintenance1 and disposal of the material is significantly lower than such quantity for another1 similar material1 as measured and reported in an environmental product declaration4 #cjdhb4 ,energy efficiency and conservation block grants 7a7 ,in general ,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 #e1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to carry out the ,energy ,efficiency and ,conservation ,block ,grant ,program established under section #edb7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;a771 of which-- 7#a7 #b1ejj1jjj1jjj shall be distributed in accordance with section #edc of such ,act 7#db ,u4,s4,c4 #agaec72 and 7#b7 #b1ejjj1jjj1jjj shall be awarded to eligible entities on a competitive basis4 7b7 ,program ,in carrying out subsection 7a71 in addition to providing assistance described in section #edb7;b77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;b77#a771 the ,secretary may also provide assistance to eligible entities for implementing strategies to reduce fossil fuel emissions created as a result of activities within the jurisdictions of eligible entities in a manner that diversifies energy supplies1 including by facilitating and promoting the use of alternative fuels4 7c7 ,use of funds ,in carrying out subsection 7a71 for purposes of section #edd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaed71 the ,secretary may also consider to be activities that achieve the purposes of the ,energy ,efficiency and ,conservation ,block ,grant ,program-- 7#a7 the deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels1 including distributed resources1 district heating and cooling systems1 and infrastructure for delivering alternative fuels2 and 7#b7 programs for financing energy efficiency1 renewable energy1 and zero-emission transportation 7and associated infrastructure7 capital investments1 projects1 and programs-- 7,a7 which may include loan programs and performance contracting programs for leveraging of additional public and private sector funds1 and programs that allow rebates1 grants1 or other incentives for the purchase and installation of energy efficiency1 renewable energy1 and zero-emission transportation 7and associated infrastructure7 measures2 or 7,b7 which may be used or implemented in connection with buildings owned and operated by a ,state1 a political subdivision of a ,state1 an agency or instrumentality of a ,state1 or an organization exempt from taxation under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c774 7d7 ,competitive grants ,in carrying out subsection 7a71 for purposes of section #edf7;c77#b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaef7;c77#b771 the ,secretary may give priority to units of local government that plan to carry out projects to expand the use of alternative fuels that would result in significant energy efficiency improvements or reductions in fossil fuel use4 7e7 ,administrative expenses ,of the amount made available under subsection 7a71 the ,secretary shall reserve #aj percent for administrative expenses to carry out this section4 7f7 ,technical amendments ,section #edc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaec7 is amended-- 7#a7 in subsection 7c71 by striking subsection 7a77#b7 and inserting subsection 7a77#c72 and 7#b7 in subsection 7d71 by striking subsection 7a77#c7 and inserting subsection 7a77#d74 #cjdhc4 ,low-income solar 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #b1ejj1jjj1jjj1 to remain available until expended 7except that no funds shall be disbursed after ,september #cj1 #bjca71 to carry out this section4 7b7 ,in general ,the ,secretary shall use funds appropriated by subsection 7a7 to provide financial assistance to eligible entities to-- 7#a7 carry out eligible planning projects2 or 7#b7 carry out eligible installation projects4 7c7 ,applications 7#a7 ,in general ,to be eligible to receive assistance 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 require4 7#b7 ,inclusion for installation assistance ,for an eligible entity to receive assistance for an eligible installation project1 the ,secretary shall require the eligible entity to include in an application under paragraph 7#a7-- 7,a7 information that demonstrates that the eligible entity has obtained1 or has the capacity to obtain1 necessary permits1 subscribers1 access to an installation site1 and any other items or agreements necessary to complete the installation of the applicable covered facility2 7,b7 information that demonstrates that the covered facility installed using such assistance will comply with local building and safety codes and standards2 7,c7 a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers2 and 7,d7 an estimate of the anticipated financial benefit for beneficiaries or subscribers4 7#c7 ,consideration of planning projects ,the ,secretary may consider the completion of an eligible planning project pursuant to subsection 7b77#a7 by the eligible entity to be sufficient to demonstrate the ability of the eligible entity to meet the requirements of paragraph 7#b77;,a74 7d7 ,selection 7#a7 ,in general ,in selecting eligible projects to receive assistance under this section1 the ,secretary shall-- 7,a7 prioritize-- 7i7 eligible installation projects that will result in the most financial benefit for beneficiaries1 as determined by the ,secretary2 7ii7 eligible installation projects that will result in development of covered facilities in underserved areas2 and 7iii7 eligible projects that include apprenticeship1 job training1 or community participation as part of their application2 and 7,b7 ensure that such assistance is provided in a manner that results in eligible projects being carried out on a geographically diverse basis within and among ,states4 7#b7 ,determination of financial benefit ,in determining the amount of financial benefit for low-income households of an eligible installation project1 the ,secretary shall ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the applicable covered facility and use formulas established by the ,state or local government with jurisdiction over the applicable covered facility for verifiable household energy savings estimates that accrue to low-income households4 7e7 ,assistance 7#a7 ,form ,the ,secretary may provide assistance under this section in the form of a grant1 rebate1 or low-interest loan4 7#b7 ,multiple projects for same facility 7,a7 ,in general ,an eligible entity may apply for assistance under this section for an eligible planning project and an eligible installation project for the same covered facility4 7,b7 ,separate selections ,selection by the ,secretary for assistance under this section of an eligible planning project does not require the ,secretary to select for assistance under this section an eligible installation project for the same covered facility4 7f7 ,use of assistance 7#a7 ,eligible planning projects ,an eligible entity receiving assistance for an eligible planning project under this section may use such assistance to pay the costs of pre-installation activities associated with an applicable covered facility1 including-- 7,a7 feasibility studies2 7,b7 permitting2 7,c7 site assessment2 7,d7 identification of beneficiaries or subscribers2 or 7,e7 such other costs determined by the ,secretary to be appropriate4 7#b7 ,eligible installation projects ,an eligible entity receiving assistance for an eligible installation project under this section may use such assistance to pay the costs of-- 7,a7 installation and operation of a covered facility1 including costs associated with materials1 permitting1 labor1 or site preparation2 7,b7 storage technology sited at a covered facility2 7,c7 interconnection service expenses2 7,d7 offsetting the cost of a subscription for a covered facility described in subsection 7h77#d77;,a7 for subscribers that are members of a low-income household2 or 7,e7 such other costs determined by the ,secretary to be appropriate4 7g7 ,use of funds ,of the funds appropriated by this section1 the ,secretary shall use not less than #he percent to provide assistance for eligible installation projects4 7h7 ,definitions ,in this section3 7#a7 ,beneficiary ,the term beneficiary means a low-income household that receives a financial benefit from the installation and operation of a covered facility4 7#b7 ,community solar facility ,the term community solar facility means a solar generating facility that-- 7,a7 has multiple subscribers that receive financial benefits that are directly attributable to the facility2 and 7,b7 has a nameplate rating of #e megawatts ,,ac or less4 7#c7 ,community solar subscription ,the term community solar subscription means a share in the capacity1 or a proportional interest in the electricity generation1 of a community solar facility4 7#d7 ,covered facility ,the term covered facility means-- 7,a7 a community solar facility at least #ej percent of the capacity of which is reserved for low-income households2 7,b7 a solar generating facility located at a residence of a low-income household2 or 7,c7 a solar generating facility located at a multi-family affordable housing complex4 7#e7 ,eligible entity ,the term eligible entity means-- 7,a7 a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes2 7,b7 a developer1 owner1 or operator of a covered facility2 7,c7 a ,state1 or political subdivision thereof2 7,d7 an ,indian ,tribe1 tribally owned electric utility1 or tribal energy development organization2 7,e7 a ,native ,hawaiian community-based organization2 7,f7 any other national or regional entity that has experience developing or installing solar generating facilities for low-income households that maximize financial benefits to those households2 and 7,g7 an electric cooperative or a municipality that is an electric utility 7as such terms are defined in section #c of the ,federal ,power ,act74 7#f7 ,eligible installation project ,the term eligible installation project means a project to install and operate a covered facility4 7#g7 ,eligible planning project ,the term eligible planning project means a project to carry out pre-installation activities for the development of a covered facility4 7#h7 ,eligible project ,the term eligible project means-- 7,a7 an eligible planning project2 or 7,b7 an eligible installation project4 7#i7 ,feasibility study ,the term feasibility study means a study or assessment that determines the feasibility of a specific solar generating facility1 including a customer interest assessment and a siting assessment1 as determined by the ,secretary4 7#aj7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian ,tribe1 band1 nation1 ,tribal ,organization1 or other organized group or community1 including any ,alaska ,native village1 ,regional ,corporation1 or ,village ,corporation1 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#aa7 ,interconnection service ,the term interconnection service has the meaning given such term in section #aaa7;d77#ae7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77#ae774 7#ab7 ,low-income household ,the term low-income household means a household with an income that-- 7,a7 is at or below #hj percent of the area median income1 or #bjj percent of the ,federal poverty level1 whichever is higher1 except that the ,secretary may establish a higher level if the ,secretary determines that such a higher level is necessary to carry out the purposes of this section2 or 7,b7 if the ,state in which the household is located elects1 is the basis for eligibility for assistance under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq471 provided that such basis is at least #bjj percent of the ,federal poverty level4 7#ac7 ,multi-family affordable housing complex ,the term multi-family affordable housing complex means any federally subsidized affordable housing complex in which at least #ej percent of the units are reserved for low-income households4 7#ad7 ,native ,hawaiian community-based organization ,the term ,native ,hawaiian community-based organization means any organization that is composed primarily of ,native ,hawaiians from a specific community and that assists in the social1 cultural1 and educational development of ,native ,hawaiians in that community4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#af7 ,solar generating facility ,the term solar generating facility means-- 7,a7 a generator that creates electricity from photons2 and 7,b7 the accompanying hardware enabling that electricity to flow-- 7i7 onto the electric grid2 7ii7 into a facility or structure2 or 7iii7 into an energy storage device4 7#ag7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 ,guam1 the ,commonwealth of ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,virgin ,islands1 and ,american ,samoa4 7#ah7 ,subscriber ,the term subscriber means a person who-- 7,a7 owns a community solar subscription1 or an equivalent unit or share of the capacity or generation of a community solar facility2 or 7,b7 is a member of a low-income household that financially benefits from a community solar facility1 even if the person does not own a community solar subscription for the facility4 7#ai7 ,underserved area ,the term underserved area means-- 7,a7 a geographical area with low or no photovoltaic solar deployment1 as determined by the ,secretary2 7,b7 a geographical area that has low or no access to electricity1 as determined by the ,secretary2 7,c7 a geographical area with a high energy burden1 as determined by the ,secretary2 or 7,d7 trust land1 as defined in section #cgfe of title #ch1 ,united ,states ,code4 #cjdhd4 ,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 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca 7except that no funds shall be disbursed after ,september #cj1 #bjca71 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 ,f ,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 #bjbc and #bjbd1 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 with a household income that does not exceed #ach percent of the poverty line for a family of the size involved for any month occurring during the period beginning on ,january #a1 #bjbb1 and ending on ,december #ca1 #bjbb1 such individual shall1 for such month and for each succeeding month during such period1 be treated as having 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 #bjbc and #bjbd1 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 #bjbc and #bjbd1 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 #bjbc and #bjbd 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 #bjbc and #bjbd4 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 month occurring during a plan year1 an eligible insured with a household income that does not exceed #ach percent of the poverty line for a family of the size involved during such month4 ,such insured shall be deemed to be a specified enrollee for each succeeding 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 #bjbd1 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 year #bjbd ,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 #bjbd1 for benefits described in paragraph 7#e7 in the case of an individual who1 for a month during such plan year1 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 7,a7 ,in general ,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 non-emergency medical transportation services 7as described in section #aijb7;a77#d77 and services described in subsection 7a77#d77;,c7 of section #aije of the ,social ,security ,act1 without any restriction on the choice of a qualified provider from whom such an individual so enrolled in such plan may receive such services described in such subsection1 and without any imposition of cost sharing1 which are not otherwise provided under such plan as part of the essential health benefits package described in section #acjb7;a74 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 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 #ae1jjj1jjj for fiscal year #bjbb1 and #cj1jjj1jjj for each of fiscal years #bjbc and #bjbd1 to carry out this paragraph4 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 #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 #bj1jjj1jjj for each of fiscal years #bjbc and #bjbd4 ,such amount so obligated for a fiscal year shall remain available until expended4 4 #cjfjb4 ,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 for #bjbb through #bjbd ,with respect to any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbe-- 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 ,the last sentence of such subsection shall also apply for purposes of this paragraph4 ,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 #bjbe7 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 #cjfjc4 ,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 part #e 7#db ,u4,s4,c4 #ahjfa et seq47 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 #e-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 the subsequent #d years4 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 #bjbc and #bjbd for certain ,states 7#a7 ,in general ,for #bjbc and #bjbd1 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 #bjbc or #bjbd1 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 #bjbc or #bjbd1 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 #bjbc and #bjbd1 is a ,state that1 as of ,january #a of #bjbb or #bjbc1 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 to provide allocations for ,states under subsection 7b7 and payments under section #acec7;b7 4 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 a subsequent year1 ,january #a of the previous year4 7,c7 ,notifications of allocation amounts ,for #bjbd and each subsequent year1 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 ,g ,medicaid #a ,federal ,medicaid ,program to ,close the ,coverage ,gap #cjgja4 ,closing the ,medicaid coverage gap 7a7 ,federal ,medicaid program to close coverage gap in nonexpansion ,states ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 is amended by adding at the end the following new section3 #aidh4 ,federal ,medicaid program to close coverage gap in nonexpansion ,states 7a7 ,establishment ,not later than ,january #a1 #bjbe1 the ,secretary shall establish a program 7in this section referred to as the ,federal ,medicaid program or the ,program under which1 in the case of a ,state that the ,secretary determines 7based on the ,state plan under this title1 waiver of such plan1 or other relevant information7 is not expected to expend amounts under the ,state plan 7or waiver of such plan7 for all individuals who would be entitled to medical assistance pursuant to section #aijb7;a77#aj77;,a77i77,,viii7 during a year 7beginning with #bjbe71 7in this section defined as a coverage gap ,state1 with respect to such year71 the ,secretary shall 7including through contract with eligible entities 7as specified by the ,secretary71 consistent with subsection 7b77 provide for the offering to such individuals residing in such ,state of health benefits4 ,the ,federal ,medicaid program shall be offered in a coverage gap ,state for each quarter during the period beginning on ,january #a of such year1 and ending with the last day of the first quarter during which the ,state provides medical assistance to all such individuals under the ,state plan 7or waiver of such plan74 ,under the ,federal ,medicaid program1 the ,secretary-- 7#a7 may use the ,federally ,facilitated ,marketplace to facilitate eligibility determinations and enrollments under the ,federal ,medicaid ,program and shall establish a set of eligibility rules to be applied under the ,program in a manner consistent with section #aijb7;e77#ad72 7#b7 shall establish benefits1 beneficiary protections1 and access to care standards by1 at a minimum-- 7,a7 establishing a minimum set of health benefits to be provided 7and providing such benefits7 under the ,federal ,medicaid program1 which shall be in compliance with the requirements of section #aicg and shall consist of benchmark coverage described in section #aicg7;b77#a7 or benchmark equivalent coverage described in section #aicg7;b77#b7 to the same extent as medical assistance provided to such an individual under this title 7without application of this section7 is required under section #aijb7k77#a7 to consist of such benchmark coverage or benchmark equivalent coverage2 7,b7 applying the provisions of sections #aijb7;a77#h71 #aijb7;a77#cd71 and #aidc with respect to such an individual1 health benefits under the ,federal ,medicaid program1 and making application for such benefits in the same manner as such provisions would apply to such an individual1 medical assistance under this title 7other than pursuant to this section71 and making application for such medical assistance under this title 7other than pursuant to this section72 and providing that redeterminations and appeals of eligibility and coverage determinations of items and services 7including benefit reductions1 terminations1 and suspension7 shall be conducted under the ,federal ,medicaid program in accordance with a ,federal fair hearing process established by the ,secretary that is subject to the same requirements as applied under section #aijb7;a77#c7 with respect to redeterminations and appeals of eligibility1 and with respect to coverage of items and services 7including benefit reductions1 terminations1 and suspension71 under a ,state plan under this title and that may provide for such fair hearings related to denials of eligibility 7based on modified adjusted gross income eligibility determinations7 to be conducted through the ,federally ,facilitated ,marketplace for ,exchanges2 7,c7 applying1 in accordance with subsection 7d71 the provisions of section #aibg 7other than subparagraphs 7,b7 and 7,c7 of subsection 7b77#a7 of such section7 with respect to the ,secretary and payment under the ,federal ,medicaid program for covered outpatient drugs with respect to a rebate period in the same manner and to the same extent as such provisions apply with respect to a ,state and payment under the ,state plan for covered outpatient drugs with respect to the rebate period2 7,d7 applying the provisions of sections #aijb7;a77#ad71 #aijb7;a77#bc71 #aijb7;a77#dg71 and #aibj through #aibj;,c 7as applicable7 to the ,federal ,medicaid program and such individuals enrolled in and entitled to health benefits under such program in the same manner and to the same extent as such provisions apply to such individuals eligible for medical assistance under the ,state plan1 and applying the provisions of section #aijb7;a77#cj77;,a7 with respect to medical assistance available under the ,federal ,medicaid program in the same manner and to the same extent as such provisions apply to medical assistance under a ,state plan under this title1 except that-- 7i7 the ,secretary shall provide that no cost sharing shall be applied under the ,federal ,medicaid program2 7ii7 the ,secretary may waive the provisions of subparagraph 7,a7 of section #aijb7;a77#bc7 to the extent deemed appropriate to facilitate the implementation of managed care2 7iii7 in applying the provisions of section #aijb7;a77#dg7 and sections #aibj through #aibj;,c1 the ,secretary-- 7,i7 shall establish a single presumptive eligibility process for individuals eligible under the ,federal ,medicaid program1 under which the ,secretary may contract with entities to carry out such process2 and 7,,ii7 may apply such provisions and process in accordance with such phased-in implementation as the ,secretary deems necessary1 but beginning as soon as practicable72 and 7,e7 prohibiting payment from being available under the ,federal ,medicaid program for any item or service subject to a payment exclusion under this title or title ,,xi4 7b7 ,administration of ,federal ,medicaid program through contracts with ,medicaid managed care organization and third party plan administrator requirements 7#a7 ,in general ,for the purpose of providing medical assistance to individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 enrolled under the ,federal ,medicaid program across all coverage gap geographic areas 7as defined in paragraph 7#h77 in which such individuals reside1 the ,secretary shall solicit bids described in paragraph 7#b7 and enter into contracts with a total of at least #b eligible entities 7as specified by the ,secretary1 which may be a medicaid managed care organization 7in this section defined as a managed care organization described in section #aicb7;a77#a77;,b77i771 a third party plan administrator1 or both74 ,an eligible entity entering into a contract with the ,secretary under this paragraph may administer such benefits as a medicaid managed care organization 7as so defined71 in which case such contract shall be in accordance with paragraph 7#c7 with respect to such geographic area1 or as a third-party administrator1 in which case such contract shall be in accordance with paragraph 7#d7 with respect to such geographic area4 ,the ,secretary may so contract with a ,medicaid managed care organization or third party plan administrator in each coverage gap geographic area 7and may specify which type of eligible entity may bid with respect to a coverage gap geographic area or areas7 and may contract with more than one such eligible entity in the same coverage gap geographic area4 7#b7 ,bids 7,a7 ,in general ,to be eligible to enter into a contract under this subsection1 for a year1 an entity shall submit 7at such time1 in such manner1 and containing such information as specified by the ,secretary7 one or more bids to provide medical assistance under the ,program in one or more coverage gap geographic areas1 which are actuarially sound and reflect the projected monthly cost to the entity of providing medical assistance under the ,program to an individual enrolled under the ,program in such a geographic area 7or areas7 for such year4 7,b7 ,selection ,in selecting from bids submitted under subparagraph 7,a7 for purposes of entering into contracts with eligible entities under this subsection1 with respect to a coverage gap geographic area1 the ,secretary shall take into account at least each of the following1 with respect to each such bid3 7i7 ,network adequacy 7as proposed in the submitted bid74 7ii7 ,the amount1 duration1 and scope of benefits 7such as value-added services offered in the submitted bid71 as compared to the minimum set of benefits established by the ,secretary under subsection 7a77#b77;,a74 7iii7 ,the amount of the bid1 taking into account the average per member cost of providing medical assistance under ,state plans under this title 7or waivers of such plans7 to individuals enrolled in such plans 7or waivers7 who are at least #ah years of age and residing in the coverage gap geographic area1 as well as the average cost of providing medical assistance under ,state plans under this title 7and waivers of such plans7 to individuals described in section #aijb7;a77#aj77;,a77i77,,viii74 7iv7 ,the organizational capacity of the entity1 the experience of the entity with ,medicaid managed care1 the experience of the entity with ,medicaid managed care for individuals described in section #aijb7;a77#aj77;,a77i77,,viii71 the performance of the entity 7if available7 on the adult core set quality measures in ,states that are not coverage gap ,states4 7#c7 ,contract with ,medicaid managed care organization ,in the case of a contract under paragraph 7#a7 between the ,secretary and an eligible entity administering benefits under the ,program as a ,medicaid managed care organization1 with respect to one or more coverage gap geographic areas1 the following shall apply3 7,a7 ,the provisions of clauses 7i7 through 7xi7 of section #aijc7m77#b77;,a71 clause 7xii7 of such section 7to the extent such clause relates to subsections 7b71 7d71 7f71 and 7i7 of section #aicb71 and clause 7xiii7 of such section #aijc7m77#b77;,a7 shall1 to the greatest extent practicable1 apply to the contract1 to the ,secretary1 and to the ,medicaid managed care organization1 with respect to providing medical assistance under the ,federal ,medicaid program with respect to such area 7or areas71 in the same manner and to the same extent as such provisions apply to a contract under section #aijc7m7 between a ,state and an entity that is a medicaid managed care organization 7as defined in section #aijc7m77#a771 to the ,state1 and to the entity1 with respect to providing medical assistance to individuals eligible for benefits under this title4 7,b7 ,the provisions of section #aicb7;h7 shall apply to the contract1 ,secretary1 and ,medicaid managed care organization4 7,c7 ,the contract shall provide that the entity pay claims in a timely manner and in accordance with the provisions of section #aijb7;a77#cg74 7,d7 ,the contract shall provide that the ,secretary shall make payments under this section to the entity1 with respect to coverage of each individual enrolled under the ,program in such a coverage gap geographic area with respect to which the entity administers the ,program in an amount specified in the contract1 subject to subparagraph 7,d77ii7 and paragraph 7#f74 7,e7 ,the contract shall require-- 7i7 the application of a minimum medical loss ratio 7as calculated under subsection 7d7 of section #dch4h of title #db1 ,code of ,federal ,regulations 7or any successor regulation77 for payment for medical assistance administered by the managed care organization under the ,program1 with respect to a year1 that is equal to or greater than #he percent 7or such higher percent as specified by the ,secretary72 and 7ii7 in the case1 with respect to a year1 the minimum medical loss ratio 7as so calculated7 for payment for services under the benefits so administered is less than #he percent 7or such higher percent as specified by the ,secretary under clause 7i771 remittance by the organization to the ,secretary of any payments 7or portions of payments7 made to the organization under this section in an amount equal to the difference in payments for medical assistance1 with respect to the year1 resulting from the organization's failure to meet such ratio for such year4 7,f7 ,the contract shall require that the eligible entity submit to the ,secretary-- 7i7 the number of individuals enrolled in the ,program with respect to each coverage gap geographic area and month with respect to which the contract applies2 7ii7 encounter data 7disaggregated by race1 ethnicity1 and age7 with respect to each coverage gap geographic area and month with respect to which the contract applies2 and 7iii7 such additional information as specified by the ,secretary for purposes of payment1 program integrity1 oversight1 quality measurement1 or such other purpose specified by the ,secretary4 7,g7 ,the contract shall require that the eligible entity perform any other activity identified by the ,secretary4 7#d7 ,contract with a third party plan administrator 7,a7 ,in general ,in the case of a contract under paragraph 7#a7 between the ,secretary and an eligible entity to administer the ,program as a third party plan administrator1 with respect to one or more coverage gap geographic areas1 such contract shall provide that1 with respect to medical assistance provided under the ,federal ,medicaid program to individuals who are enrolled in the ,program with respect to such area 7or areas7-- 7i7 the third party plan administrator shall1 consistent with such requirements as may be established by the ,secretary-- 7,i7 establish provider networks1 payment rates1 and utilization management1 consistent with the provisions of section #aijb7;a77#cj77;,a71 as applied by subsection 7a77#d7 of this section2 7,,ii7 pay claims in a timely manner and in accordance with the provisions of section #aijb7;a77#cg72 7,,iii7 submit to the ,secretary-- 7aa7 the number of individuals enrolled in the ,program with respect to each coverage gap geographic area and month with respect to which the contract applies2 7bb7 encounter data 7disaggregated by race1 ethnicity1 and age7 with respect to each coverage gap geographic area and month with respect to which the contract applies2 and 7cc7 such additional information as specified by the ,secretary for purposes of payment1 program integrity1 oversight1 quality measurement1 or such other purpose specified by the ,secretary2 and 7,,iv7 perform any other activity identified by the ,secretary2 7ii7 the ,secretary shall make payments 7for the claims submitted by the third party plan administrator and for an economic and efficient administrative fee7 under this section to the third party plan administrator1 with respect to coverage of each individual enrolled under the ,program in a coverage gap geographic area with respect to which the third party plan administrator administers the ,program in an amount determined under the contract1 subject to subclause 7,,vi77bb7 and paragraph 7#g72 and 7iii7 the provisions of clause 7xii7 of section #aijc7m77#b77;,a7 7to the extent such clause relates to subsections 7b71 7d71 7f71 and 7i7 of section #aicb7 shall1 to the greatest extent practicable1 apply to the contract1 to the ,secretary1 and to the third party plan administrator1 with respect to providing medical assistance under the ,federal ,medicaid program with respect to such area 7or areas71 in the same manner and to the same extent as such provisions apply to a contract under section #aijc7m7 between a ,state and an entity that is a medicaid managed care organization 7as defined in section #aijc7m77#a771 to the ,state1 and to the entity1 with respect to providing medical assistance to individuals eligible for benefits under this title 7,b7 ,third party plan administrator defined ,for purposes of this section1 the term third party plan administrator means an entity that satisfies such requirements as established by the ,secretary1 which shall include at least that such an entity administers health plan benefits1 pays claims under the plan1 establishes provider networks1 sets payment rates1 and are not risk-bearing entities4 7#e7 ,administrative authority ,the ,secretary may take such actions as are necessary to administer this subsection1 including by setting network adequacy standards1 establishing quality requirements1 establishing reporting requirements1 limiting administrative costs1 and specifying any other program requirements or standards necessary in contracting with specified entities under this subsection1 and overseeing such entities1 with respect to the administration of the ,federal ,medicaid program4 7#f7 ,preemption ,in carrying out the duties under a contract entered into under paragraph 7#a7 between the ,secretary and a ,medicaid managed care organization or a third party plan administrator1 with respect to a coverage gap ,state-- 7,a7 the ,secretary may establish minimum standards and licensure requirements for such a ,medicaid managed care organization or third party plan administrator for purposes of carrying out such duties2 and 7,b7 any provisions of law of that ,state which relate to the licensing of the organization or administrator and which prohibit the organization or administrator from providing coverage pursuant to a contract under this section shall be superseded4 7#g7 ,penalties ,in the case of an eligible entity with a contract under this section that fails to comply with the requirements of such entity pursuant to this section or such contract1 the ,secretary may withhold payment 7or any portion of such payment7 to such entity under this section in accordance with a process specified by the ,secretary1 impose a corrective action plan on such entity1 terminate the contract1 or impose a civil monetary penalty on such entity in an amount not to exceed #aj1jjj for each such failure4 ,in implementing this paragraph1 the ,secretary shall have the authorities provided the ,secretary under section #aicb7;e7 and subparts ,f and ,i of part #dch of title #db1 ,code of ,federal ,regulations4 7#h7 ,coverage gap geographic area ,for purposes of this section1 the term coverage gap geographic area means an area of one or more coverage gap ,states1 as specified by the ,secretary1 or any area within such a ,state1 as specified by the ,secretary4 7c7 ,periodic data matching ,the ,secretary shall1 including through contract1 periodically verify the income of an individual enrolled in the ,federal ,medicaid program for a year1 before the end of such year1 to determine if there has been any change in the individual's eligibility for benefits under the program4 ,for purposes of the previous sentence1 in the case that1 pursuant to such verification1 an individual is determined to have had a change in income that results in such individual no longer be included as an individual described in section #aijb7;a77#aj77;,a77i77,,viii71 the ,secretary shall apply the same processes and protections as ,states are required under this title to apply with respect to an individual who is determined to have had a change in income that results in such individual no longer being included as eligible for medical assistance under this title 7other than pursuant to this section74 7d7 ,drug rebates ,for purposes of subsection 7a77#b77;,c71 in applying section #aibg1 the ,secretary shall 7either directly or through contracts7-- 7#a7 require an eligible entity with a contract under subsection 7b7 to report the data required to be reported under section #aibg7;b77#b7 by a ,state agency and require such entity to submit to the ,secretary rebate data1 utilization data1 and any other information that would otherwise be required under section #aibg to be submitted to the ,secretary by a ,state2 7#b7 shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary to report and collect data as is necessary and to bill and track rebates under section #aibg1 as applied pursuant to subsection 7a77#b77;,b7 for drugs that are provided under the ,federal ,medicaid program2 7#c7 provide that the coverage requirements of prescription drugs under the ,federal ,medicaid program comply with the coverage requirements under section #aibg2 7#d7 require that in order for payment to be available under the ,federal ,medicaid program or under section #aijc7;a7 for covered outpatient drugs of a manufacturer1 the manufacturer must have entered into and have in effect a rebate agreement to provide rebates under section #aibg to the ,federal ,medicaid program in the same form and manner as the manufacturer is required to provide rebates under an agreement described in section #aibg7;b7 to a ,state ,medicaid program under this title2 7#e7 require an eligible entity with a contract under subsection 7b7 to provide for a drug use review program described in subsection 7g7 of section #aibg in accordance with the requirements applicable to a ,state under such subsection 7g7 with respect to a drug use review program2 and 7#f7 adopt a mechanism to prevent the requirements of section #aibg from applying to covered outpatient drugs under the ,federal ,medicaid program pursuant to this subsection and subsection 7a77#b77;,c7 if such drugs are subject to discounts under section #cdj;,b of the ,public ,health ,service ,act4 7e7 ,transitions 7#a7 ,from ,exchange plans onto ,federal ,medicaid program ,the ,secretary shall provide for a process under which1 in the case of individuals entitled to medical assistance pursuant section #aijb7;a77#aj77;,a77i77,,viii7 who are enrolled in qualified health plans through an ,exchange in a coverage gap ,state1 the ,secretary takes such steps as are necessary to transition such individuals to coverage under the ,federal ,medicaid program4 ,such process shall apply procedures described in section #aidc7;b77#a77;,c7 to screen for eligibility and enrollment under the ,federal ,medicaid program in the same manner as such procedures screen for eligibility and enrollment under qualified health plans through an ,exchange established under title ,i of the ,patient ,protection and ,affordable ,care ,act4 7#b7 ,in case coverage gap ,state begins providing coverage under ,state plan ,the ,secretary shall provide for a process for1 in the case of a coverage gap ,state in which the ,state begins to provide medical assistance to individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 under the ,state plan 7or waiver of such plan7 and the ,federal ,medicaid program ceases to be offered1 transitioning individuals from such program to the ,state plan 7or waiver71 as eligible1 including a process for transitioning all eligibility redeterminations4 7#c7 ,authority for phase-in ,the ,secretary may apply section #aijb7;a77#cd71 pursuant to subsection 7a77#b77;,b7 of this section1 in accordance with such phased-in implementation as the ,secretary deems necessary1 but beginning as soon as practicable4 7f7 ,coordination with and enrollment through ,exchanges ,the ,secretary shall take such actions as are necessary to provide1 in the case of a coverage gap ,state in which the ,federal ,medicaid program is offered1 for the availability of information on1 determinations of eligibility for1 and enrollment in such program through and coordinated with the ,exchange established with respect to such ,state under title ,i of the ,patient ,protection and ,affordable ,care ,act4 7g7 ,third party liability ,the provisions of section #aijb7;a77#be7 shall apply with respect to the ,federal ,medicaid program1 the ,secretary1 and the eligible entities with a contract under subsection 7b7 in the same manner as such provisions apply with respect to ,state plans under this title 7or waiver of such plans7 and the ,state or local agency administering such plan 7or waiver74 ,the ,secretary may specify a timeline 7which may include a phase-in7 for implementing this subsection4 7h7 ,fraud ,and ,abuse ,provisions ,provisions of law 7other than criminal law provisions7 identified by the ,secretary1 in consultation 7as appropriate7 with the ,inspector ,general of the ,department of ,health and ,human ,services1 that impose sanctions with respect to waste1 fraud1 and abuse under this title or title ,,xi1 such as the ,false ,claims ,act 7#ca ,u4,s4,c4 #cgbi et seq471 as well as provisions of law 7other than criminal law provisions7 identified by the ,secretary that provide oversight authority1 shall also apply to the ,federal ,medicaid program4 7i7 ,maintenance of effort 7#a7 ,payment 7,a7 ,in general ,in the case of a ,state that1 as of ,january #a1 #bjbb1 is expending amounts for all individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 under the ,state plan 7or waiver of such plan7 and that stops expending amounts for all such individuals under the ,state plan 7or waiver of such plan71 such ,state shall for each quarter beginning after ,january #a1 #bjbb1 during which such ,state does not expend amounts for all such individuals provide for payment under this subsection to the ,secretary of the product of-- 7i7 #aj percent of1 subject to subparagraph 7,b71 the average monthly per capita costs expended under the ,state plan 7or waiver of such plan7 for such individuals during the most recent previous quarter with respect to which the ,state expended amounts for all such individuals2 and 7ii7 the sum1 for each month during such quarter1 of the number of individuals enrolled under such program in such ,state4 7,b7 ,annual increase ,for purposes of subparagraph 7,a71 in the case of a ,state with respect to which such subparagraph applies with respect to a period of consecutive quarters occurring during more than one calendar year1 for such consecutive quarters occurring during the second of such calendar years or a subsequent calendar year1 the average monthly per capita costs for each such quarter for such ,state determined under subparagraph 7,a77i71 or this subparagraph1 shall be annually increased by the ,secretary by the percentage increase in ,medicaid spending under this title during the preceding year 7as determined based on the most recent ,national ,health ,expenditure data with respect to such year74 7#b7 ,form and manner of payment ,payment under paragraph 7#a7 shall be made in a form and manner specified by the ,secretary4 7#c7 ,compliance ,if a ,state fails to pay to the ,secretary an amount required under paragraph 7#a71 interest shall accrue on such amount at the rate provided under section #aijc7;d77#e74 ,the amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the ,state under section #aijc7;a71 in accordance with the ,federal ,claims ,collection ,act of #aiif and applicable regulations4 7#d7 ,data match ,the ,secretary shall perform such periodic data matches as may be necessary to identify and compute the number of individuals enrolled under the ,federal ,medicaid program under section #aidh in a coverage gap ,state 7as referenced in subsection 7a7 of such section7 for purposes of computing the amount under paragraph 7#a74 7#e7 ,notice ,the ,secretary shall notify each ,state described in paragraph 7#a7 not later than a date specified by the ,secretary that is before the beginning of each quarter 7beginning with #bjbb7 of the amount computed under paragraph 7#a7 for the ,state for that year4 7j7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for each fiscal year such sums as are necessary to carry out subsections 7a7 through 7i7 of this section4 4 7b7 ,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 the ,federal ,medicaid program under section #aidh1 or under part ,b of title ,,xviii2 and 7#b7 by inserting including as such subsection is applied pursuant to subsections 7a77#b77;,c7 and 7d7 of section #aidh with respect to the ,federal ,medicaid program1 before and must meet4 #b ,expanding ,access to ,medicaid ,home and ,community-,based ,services #cjgaa4 ,definitions ,in this part3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,committee on ,finance of the ,senate1 the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate1 and the ,special ,committee on ,aging of the ,senate4 7#b7 ,direct care worker ,the term direct care worker means1 with respect to a ,state1 any of the following individuals who by contract1 by receipt of payment for care1 or as a result of the operation of law1 provides 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 specialist who provides licensed nursing services1 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#c7 ,,hcbs program improvement ,state ,the term ,,hcbs program improvement ,state means a ,state that is awarded a planning grant under section #ajaa7;a7 and has an ,,hcbs improvement plan approved by the ,secretary under section #ajaa7;d74 7#d7 ,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 regulation774 7,c7 ,any other entity determined to be appropriate by the ,state and approved by the ,secretary4 7#e7 ,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 ,self-directed personal assistance services authorized under section #aiae7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifn7j774 7,i7 ,school-based services when the school is the location for provision of services if the services are-- 7i7 authorized under section #aije7;a7 of such ,act 7#db ,u4,s4,c4 #acif;d7a77 7or under a waiver under section #aiae7;c7 or demonstration under section #aaae7 2 and 7ii7 described in another subparagraph of this paragraph4 7,j7 ,such other services specified by the ,secretary4 7#f7 ,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 7or distinct part thereof7 described in section #aije7;d7 of such ,act 7#db ,u4,s4,c4 #acif;d7d7772 7,e7 an institution 7or distinct part thereof7 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 7,f7 an institution 7or distinct part thereof7 described in section #aije7;i7 of such ,act 7#db ,u4,s4,c4 #acif;d7i772 and 7,g7 any other relevant facility1 as determined by the ,secretary4 7#g7 ,medicaid eligible individual ,the term ,medicaid eligible individual means an individual who is eligible for and receiving medical assistance under a ,state ,medicaid plan or a waiver such plan4 ,such term includes an individual who would become eligible for medical assistance and enrolled under a ,state ,medicaid plan1 or waiver of such plan1 upon removal from a waiting list4 7#h7 ,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 et seq47 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#i7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#aj7 ,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 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 ,the ,secretary shall reserve #e1jjj1jjj of the amount appropriated under paragraph 7#a7 for purposes of issuing guidance and providing technical assistance to ,states intending to apply for1 or 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 ,criteria for determining amount of grants ,the ,secretary shall take into account the improvements a ,state would propose to make1 consistent with the areas of focus of the ,,hcbs improvement plan requirements described under subsection 7c7 in determining the amount of the planning grant to be awarded to each ,state that requests such a grant4 7#c7 ,use of funds ,a ,state awarded a planning grant under this section shall use the grant to carry out planning activities for purposes of developing and submitting to the ,secretary an ,,hcbs improvement plan for the ,state that meets the requirements of subsections 7c7 and 7d7 in order to expand access to home and community-based services and strengthen the direct care workforce that provides such services4 ,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 for such other purposes as the ,secretary shall specify1 including the following3 7,a7 ,caregiver supports4 7,b7 ,addressing social determinants of health 7other than housing or homelessness74 7,c7 ,promoting equity and addressing health disparities4 7,d7 ,promoting community integration and compliance with the home and community-based settings rule published on ,january #af1 #bjad1 or any successor regulation4 7,e7 ,building partnerships4 7,f7 ,infrastructure investments 7such as case management or other information technology systems74 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 7which shall be delineated by the ,state based on eligibility group under the ,state plan or waiver of such plan7 for home and community-based services1 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 providers of such services1 such as barriers for individuals who wish to leave institutional settings1 individuals experiencing homelessness or housing instability1 and individuals in geographical areas of the ,state with low or no access to such services4 7ii7 ,availability2 unmet need ,a summary1 in accordance with guidance issued by the ,secretary1 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 waitlist for such services74 7,c7 ,utilization ,an assessment of the utilization of home and community-based services in the ,state 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 ,state1 including whether models of self-direction are used and to which ,medicaid eligible individuals such models are available1 the share of total services that are administered by agencies1 the use of managed care and fee-for-service to provide such services1 and the supports provided for family caregivers4 7,e7 ,workforce ,a description of the direct care workforce that provides home and community-based services1 including estimates 7and a description of the methodology used to develop such estimates7 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 the turnover and vacancy rates of direct care worker positions1 the membership of direct care workers in labor organizations and1 to the extent the ,state has access to such data1 demographic information about such workforce1 including information on race1 ethnicity1 and gender4 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 and when the ,state last updated payment rates for home and community-based services1 and the extent to which payment rates are passed through to direct care worker wages4 7ii7 ,assessment ,an assessment of the relationship between payment rates for such services and average beneficiary wait times for such services1 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 who receive items and services for greater than #cj days in an institutional setting that is a nursing facility or intermediate care facility1 and the demographic information of such individuals who are provided such items and services in such settings4 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,b717,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 ,act7as added under section #cjgac74 7,b7 ,reduce barriers and disparities in access or utilization of home and community-based services in the ,state4 7,c7 ,monitor and report 7with supporting data to the extent available and applicable disaggregated by age groups1 primary disability1 income brackets1 gender1 race1 ethnicity1 geography1 primary language1 and type of service setting1 on-- 7i7 access to home and community-based services under the ,state ,medicaid program1 disparities in access to such services1 and the utilization of such services2 and 7ii7 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,d7 ,monitor and report on wages1 benefits1 and vacancy and turnover rates for direct care workers4 7,e7 ,assess and monitor the sufficiency of payments under the ,state ,medicaid program for the specific types of home and community-based services available under such program for purposes of supporting direct care worker recruitment and retention and ensuring the availability of home and community-based services4 7,f7 ,coordinate implementation of the ,,hcbs improvement plan among the ,state ,medicaid agency1 agencies serving individuals with disabilities1 agencies serving the elderly1 and other relevant ,state and local agencies and organizations that provide related supports1 such as those for housing1 transportation1 employment1 and other services and supports4 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 with input from stakeholders through a public notice and comment process that includes consultation with ,medicaid eligible individuals who are recipients of home and community-based 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 #cjgac74 ,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 ,state or pursuant to section #aije7;jj7 of the ,social ,security ,act1 as added by section #cjgac1 if the ,state fails to implement the ,,hcbs improvement plan of the ,state or meet applicable deadlines under this section4 #cjgac4 ,,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 or section #fjjh7;a7 of the ,families ,first ,coronavirus ,response ,act7 shall be increased by #g percentage points2 and 7ii7 with respect to the ,state meeting the requirements described in paragraphs 7#b7 and 7#d71 notwithstanding section #aijc7;a77#g71 #aijc7;a77#c77;,f71 and #aijc7t71 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 and adopting1 carrying out1 or enhancing programs that register direct care workers or connect beneficiaries to direct care workers1 the per centum specified in such section 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 #h fiscal quarters throughout which the ,state has implemented and has in effect a program to support self-directed care that meets the requirements of paragraph 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 ,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 subparagraphs 7,a7 and1 if applicable1 7,b7 of paragraph 7#a7 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 #cjgab 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 period 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 or waiver 7relative to the home and community-based services available under the plan or waiver as of the date on which the ,state was awarded a planning grant under section #cjgab 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 payment rates for such services that are included in managed care capitation rates2 or 7,,iii7 except to the extent permitted under clause 7ii71 adopt more restrictive standards1 methodologies1 or procedures for determining eligibility1 benefits1 or services for receipt of home and community-based services1 including with respect to cost-sharing1 than the standards1 methodologies1 or procedures applicable as of such date4 7ii7 ,flexibility to support innovative models ,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 groups and categories7 receiving home and community-based services2 or 7,,iii7 increased cost-sharing for home and community-based services4 7,c7 ,access to services ,not later than an implementation date as specified by the ,secretary after the first day of the first fiscal quarter for which a ,state receives an increase to the ,federal medical assistance percentage or other applicable ,federal matching percentage under paragraph 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 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 as defined in the ,state's ,,hcbs improvement plan4 7v7 ,improves coordination of home and community-based services with employment1 housing1 and transportation supports4 7vi7 ,provides supports to family caregivers1 such as respite care1 caregiver assessments1 peer supports1 or paid family caregiving4 7vii7 ,adopts1 expands eligibility for1 or expands covered items and services provided under #a or more eligibility categories authorized under subclause 7,,xiii71 7,,xv71 or 7,,xvi7 of section #aijb7;a77#aj77;,a77ii74 7,d7 ,strengthened and expanded 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 payments for home and community-based services are sufficient to ensure that care and services are available to the extent described in the ,state ,,hcbs improvement plan2 and 7,,ii7 updating qualification standards 7as appropriate71 and developing and adopting training opportunities1 for the continuum of providers of home and community-based services1 including programs for independent providers of such services and agency direct care workers1 as well as unique programs and resources for family caregivers4 7ii7 ,payment rates ,in carrying out clause 7i77,i71 the ,state shall-- 7,i7 update and increase1 as appropriate1 payment rates for delivery of home and community-based services to support the recruitment and retention of the direct care workforce2 7,,ii7 review and1 if necessary to ensure sufficient access to care1 increase payment rates for home and community-based services1 not less frequently than once every #c years1 through a transparent process involving meaningful input from stakeholders1 including 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 advocates2 and 7,,iii7 ensure that increases in the payment rates for home and community-based services-- 7aa7 at a minimum1 results in a proportionate increase to payments for direct care workers and in a manner that is determined with input from the stakeholders described in subclause 7,,ii72 and 7bb7 incorporate into provider payment rates for home and community-based services provided under this title by a managed care entity 7as defined in section #aicb7;a77#a77;,b77 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 regulation771 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 non-profit entities1 including an agency with choice or a similar service delivery model1 a program for the performance of all of the following functions3 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 beneficiaries1 such as by conducting background checks and addressing complaints reported by recipients of home and community-based services consistent with ,fair ,hearing requirements and prior notice of service reductions1 including under subpart ,f of part #dch of title #db1 ,code of ,federal ,regulations and section #dch4ga7;d7 of such title4 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 service1 providing support to beneficiaries who wish to hire a caregiver who is a family member or individual with whom they have an existing relationship1 such as by facilitating enrollment of such family member or individual as a provider of home and community-based services under the ,state plan or a waiver of such plan4 7,g7 ,ensuring that such programs do not discriminate against labor organizations or workers who may join or decline to join a labor 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 that-- 7i7 operates independently from the ,state ,medicaid agency and managed care entities2 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 #eth fiscal quarter for which the ,state is an ,,hcbs program improvement ,state1 and annually thereafter1 the ,state reports to the ,secretary on the state 7as of the last quarter before the report7 of the components of the home and community-based services landscape described in the ,state ,,hcbs improvement plan1 including with respect to-- 7i7 the availability and utilization of home and community-based services1 disaggregated 7to the extent available and as applicable7 by age groups1 primary disability1 income brackets1 gender1 race1 ethnicity1 geography1 primary language1 and type of service setting2 7ii7 wages1 benefits1 turnover and vacancy rates for the direct care workforce2 7iii7 changes in payment rates for home and community-based services2 7iv7 implementation of the activities to strengthen and expand access to home and community-based services and the direct care workforce that provides such services in accordance with the requirements of subparagraphs 7,c7 and 7,d7 of paragraph 7#b72 7v7 if applicable1 implementation of the activities described in paragraph 7#c72 7vi7 ,state expenditures for home and community-based services under the ,state plan or a waiver of such plan as a proportion of the total amount of ,state expenditures under the plan or waiver of such plan for long-term services and supports2 and 7vii7 the challenges in1 and best practices for1 expanding access to home and community-based services1 reducing disparities1 and supporting and expanding 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 at any time or beginning with the #bith fiscal quarter that begins on or after the first date on which a ,state is an ,,hcbs program improvement ,state if the ,state is found to be out of compliance with paragraph 7#b77;,b7 or any other requirement of this subsection and1 beginning with such #bith fiscal quarter1 unless1 not later than #ij days before the first day of such fiscal quarter1 the ,state submits to the ,secretary a report demonstrating the following improvements3 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 ,reduced disparities in the utilization and availability of home and community-based services relative to the availability and utilization of such services by such populations as reported in such plan according to age groups1 primary disability1 income brackets1 gender1 race1 ethnicity1 geography1 primary language1 and type of service setting 7to the extent available and applicable71 and adjusted for demographic changes in the ,state since the submission of such plan4 7,c7 ,evidence that rates are sufficient to ensure access to items and services for individuals eligible for ,,hcbs in such ,state4 7,d7 ,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 and home and community-based services have the meaning given those terms in section #cjgaa of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 4 #cjgad4 ,funding for technical assistance and other administrative requirements related to ,medicaid ,,hcbs 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 #ce1jjj1jjj1 to remain available until expended1 to carry out the following activities3 7#a7 ,to prepare and submit to the appropriate committees of ,congress-- 7,a7 not later than #d years after the date of enactment of this ,act1 a report that includes-- 7i7 a description of the ,,hcbs improvement plans approved by the ,secretary under section #cjgab7;d72 7ii7 a description 7which may be a narrative report with examples or otherwise7 of the landscape1 at both the national and ,state levels1 with respect to gaps in coverage of home and community-based services1 disparities in access to1 and utilization of1 such services1 and barriers to accessing such services2 and 7iii7 a description of the national landscape with respect to the direct care workforce that provides home and community-based services1 including with respect to wages1 benefits1 and challenges to the availability of such workers2 and 7,b7 not later than #g years after the date of enactment of this ,act1 and every #c years thereafter1 a report that includes-- 7i7 the number of ,,hcbs program improvement ,states2 7ii7 a summary of the progress being made by such ,states with respect to strengthening and expanding access to home and community-based services and the direct care workforce that provides such services and meeting the benchmarks for demonstrating improvements required under section #aije7;jj77#e7 of the ,social ,security ,act 7as added by section #cjgac72 7iii7 a summary of ,states' performance measures as a part of the home and community-based services core quality measures and beneficiary and family caregiver surveys2 and 7iv7 a summary of the challenges and best practices reported by ,states in expanding access to home and community-based services and supporting and expanding the direct care workforce that provides such services4 7#b7 ,to provide ,,hcbs program improvement ,states with technical assistance related to carrying out the ,,hcbs improvement plans approved by the ,secretary under section #cjgab7;d7 and meeting the requirements and benchmarks for demonstrating improvements required under section #aije7;jj7 of the ,social ,security ,act 7as added by section #cjgac71 and to issue such guidance or regulations as necessary to carry out this subtitle and the amendments made by this subtitle1 including guidance specifying how ,states shall assess and track access to home and community-based services over time4 #cjgae4 ,funding for ,,hcbs quality measurement and improvement 7a7 ,in general ,title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq47 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 ,,xix1 beginning with the annual ,state report 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 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 subparagraph1 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 ,secretary in the manner described in section #aaci;,b7b77#e77;,d74 ,the ,secretary may determine which measures are to be included in the core set under this section and which in the core set under section #aaci;,b1 based on the differences in health care needs for the relevant populations4 2 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 either-- 7i7 the home and community-based services quality measures included in the core set of adult health quality measures under subparagraph 7,d71 and any updates or changes to such measures2 or 7ii7 an equivalent alternative set of home and community-based services quality measures approved by the ,secretary4 2 and 7ii7 in paragraph 7#e71 by adding at the end the following new subparagraph3 7,d7 ,,hcbs quality measures 7i7 ,in general ,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 subparagraph1 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 7ii7 ,requirements 7,i7 ,interagency collaboration2 stakeholder input ,in developing 7and subsequently reviewing and updating7 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-- 7aa7 collaborate with the ,administrator of the ,centers for ,medicare ,medicaid ,services1 the ,administrator of the ,administration for ,community ,living1 the ,director of the ,agency for ,healthcare ,research and ,quality1 and the ,assistant ,secretary for ,mental ,health and ,substance ,use2 and 7bb7 ensure that such home and community-based services quality measures are informed by input from stakeholders1 including 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,,ii7 ,reflective of full array of services ,such home and community-based services quality measures shall-- 7aa7 reflect the full array of home and community-based services and recipients of such services2 and 7bb7 include-- 7,,aa7 outcomes-based measures2 7,,bb7 measures of availability of services2 7,,cc7 measures of provider capacity and availability2 7,,dd7 measures related to person-centered care2 7,,ee7 measures specific to self-directed care2 7,,ff7 measures related to transitions to and from institutional care2 and 7,,gg7 beneficiary and family caregiver surveys4 7,,iii7 ,demographics ,such home and community-based services quality measures shall allow for the collection1 to the extent available1 of data that is disaggregated by age groups1 primary disability1 income brackets1 gender1 race1 ethnicity1 geography1 primary language1 and type of service setting4 7,,iv7 ,definitions ,for purposes of this section and section #aaci;,a1 the terms home and community-based services1 health plan2 and direct care worker have the meanings given those terms in section #cjgaa of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 7iii7 ,funding ,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 this subparagraph4 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 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 measures or an equivalent alternative set of home and community-based services quality measures approved by the ,secretary2 and4 7b7 ,increased ,federal matching rate for adoption and reporting 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 subsection 7f7 and this subsection4 4 #c ,other ,medicaid #cjgba4 ,permanent extension of ,medicaid protections against spousal impoverishment for recipients of home and community-based services ,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 #cjgbb4 ,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 #bjba4 2 and 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 ,out of the amounts made available under paragraph 7#a71 for the #c-year period beginning with fiscal year #bjbb and for each subsequent #c-year period1 #e1jjj1jjj shall be made available for carrying out subsection 7f7 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 #cjgbc4 ,extending continuous ,medicaid coverage for pregnant and postpartum women 7a7 ,requiring full benefits for pregnant and postpartum women 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-- 7,a7 by striking 7#e7 ,a woman who and inserting 7#e77;,a7 ,for any fiscal year quarter with respect to which the amendments made by section #cjgbc7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 a woman who2 and 7,b7 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 this subparagraph71 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 et seq47 is amended-- 7,a7 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 7,b7 in section #aijb7;e77#f71 by striking ,in the case of and inserting ,for any fiscal year quarter with respect to which the amendments made by section #cjgbc7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 in the case of2 7,c7 in section #aijb7l77#a77;,a71 by striking #fj-;day period and inserting #ab-month period2 7,d7 in section #aijc7v77#d77;,a7-- 7i7 in clause 7i71 by striking #fj-;day period and inserting #ab-month period 7or1 for any fiscal year quarter with respect to which the amendments made by section #cjgbc7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 #fj-;day period72 and 7ii7 in clause 7ii71 by inserting and including an individual to whom section #aijb7;e77#e77;,b7 applies1 in accordance with such section1 through the end of the month in which the #ab-month period 7beginning on the last day of pregnancy of the individual7 ends before the period at the end2 and 7,e7 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 the amendments made by section #cjgbc7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 #fj-;day period74 7b7 ,transition from ,state option ,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 the amendments made by section #cjgbc7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 at the option of the ,state4 7c7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 the amendments made by this section 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 ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 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 section1 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 #cjgbd4 ,providing for #a year of continuous eligibility for children under the ,medicaid program 7a7 ,in general ,section #aijb7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7e77 is amended-- 7#a7 in paragraph 7#ab71 by inserting before the date of the enactment of paragraph 7#ag7 after subsection 7a77#aj77;,a74 7#b7 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 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 7b7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 the amendments made by subsection 7a77#b7 shall apply with respect to eligibility determinations or redeterminations made on or after the date of the enactment of this ,act4 7#b7 ,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 et seq47 that the ,secretary of ,health and ,human ,services determines requires ,state legislation in order for the plan to meet any requirement imposed by amendments made under subsection 7a77#b71 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 #cjgbe4 ,allowing for medical assistance under ,medicaid for inmates during #cj-;day period preceding release ,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 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 except during the #cj-;day period preceding the date of release of such individual from such public institution after medical institution4 #cjgbf4 ,extension of certain provisions 7b7 ,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 7c7 ,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 ,h ,children's ,health ,insurance ,program #cjhja4 ,permanent extension of children's health insurance program 7a7 ,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 7b7 ,allotments 7#a7 ,in general ,section #bajd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;dd7m77 is amended-- 7,a7 in paragraph 7#b77;,b77i71 by striking 11 #bjbc1 and #bjbg and inserting and #bjbc2 7,b7 in paragraph 7#e7-- 7i7 by striking 7#aj71 or 7#aa7 and inserting or 7#aj72 7ii7 by striking for a fiscal year and inserting for a fiscal year before #bjbg2 and 7iii7 by striking #bjbc1 or #bjbg and inserting or #bjbc2 7,c7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by striking and ending with fiscal year #bjbg12 and 7ii7 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 7,d7 in paragraph 7#i7-- 7i7 by striking 7#aj71 or 7#aa7 and inserting or 7#aj72 and 7ii7 by striking #bjbc1 or #bjbg1 and inserting or #bjbc2 and 7,e7 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 #cjhjb4 ,permanent extensions of other programs and demonstration projects 7a7 ,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 insert 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 a 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 average7 over such previous fiscal year1 for the purpose of carrying out this section 7other than subsections 7e71 7f71 and 7g774 4 7b7 ,assurance of affordability standard for children and families ,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-- 7,a7 in the matter preceding clause 7i7-- 7i7 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 7ii7 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 7iii7 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 7,b7 in clause 7i71 by striking the semicolon at the end and inserting a period2 7,c7 by striking clauses 7ii7 and 7iii72 and 7,d7 by striking periods from and all that follows through applying eligibility standards and inserting periods from applying eligibility standards4 7c7 ,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 7d7 ,outreach and enrollment program ,section #baac of the ,social ,security ,act 7#db ,u4,s4,c4 #acigmm7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking during the period of fiscal years #bjji through #bjbg and inserting 1 beginning with fiscal year #bjji12 7,b7 in paragraph 7#b7-- 7i7 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 7ii7 by striking during such period and inserting 1 during such period or such fiscal year12 and 7,c7 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-- 7,a7 by striking #bjag11 and inserting #bjag12 7,b7 by striking and #dh1jjj1jjj and inserting #dh1jjj1jjj2 and 7,c7 by inserting after through #bjbg the following3 1 #fj1jjj1jjj for fiscal years #bjbh1 #bjbi1 and #bjbj1 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 average7 over such previous fiscal year4 7e7 ,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-- 7,a7 in subparagraph 7,a77ii7-- 7i7 by striking and #bjbd through #bjbf and inserting beginning with fiscal year #bjbd2 and 7ii7 by striking #bjbc1 and #bjbg and inserting and #bjbc2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #bjbd through #bjbf and inserting beginning with fiscal year #bjbd2 and 7ii7 by striking #bjbc1 and #bjbg and inserting and #bjbc2 and 7#b7 in paragraph 7#c77;,a7-- 7,a7 by striking fiscal years #bjbd through #bjbf and inserting fiscal year #bjbd or any subsequent fiscal year2 and 7,b7 by striking #bjbc1 or #bjbg and inserting or #bjbc4 #cjhjc4 ,state option to increase children's eligibility for medicaid and chip 7a7 ,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 7b7 ,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 ,district4 #cjhjd4 ,extending continuous ,,chip coverage for pregnant and postpartum women 7a7 ,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-- 7,a7 by striking ,paragraphs 7#e7 and 7#af7 and inserting 7i7 ,for any fiscal year quarter with respect to which the amendments made by section #cjhjd7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 paragraphs 7#e77;,a7 and 7#af72 and 7,b7 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 this clause71 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 for targeted low-income children who are pregnant or 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-- 7,a7 in subsection 7d7-- 7i7 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 of assistance before the period at the end2 and 7ii7 in paragraph 7#b71 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 the amendments made by section #cjhjd7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 #fj-;day period7 7beginning on the last day of her pregnancy7 ends2 and 7,b7 in subsection 7f77#b71 by striking #fj-;day period and inserting #ab-month period 7or1 for any fiscal year quarter with respect to which the amendments made by section #cjhjd7;a77#a77;,b7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad do not apply 7beginning with the first fiscal year quarter beginning one year after the date of the enactment of such ,act71 #fj-;day period74 7b7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 the amendments made by this section 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 et seq47 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 section1 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 #cjhje4 ,providing for #a year of continuous eligibility for children 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 ,i ,medicare ,coverage of ,dental1 ,hearing1 and ,vision ,services #cjija4 ,providing coverage for dental and oral health care under the ,medicare program 7a7 ,coverage ,section #ahfa7s77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#b77 is amended-- 7#a7 in subparagraph 7,,gg71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,,hh71 by striking the period at the end and adding 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,,ii7 dental and oral health services 7as defined in subsection 7lll772 4 7b7 ,dental and oral health services defined ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended by adding at the end the following new subsection3 7lll7 ,dental and oral health services 7#a7 ,in general ,the term dental and oral health services means items and services 7other than such items and services for which payment may be made under part ,a as inpatient hospital services7 that are furnished during #bjbh or a subsequent year1 for which coverage was not provided under part ,b as of the date of the enactment of this subsection1 and that are-- 7,a7 the preventive and screening services described in paragraph 7#b7 furnished by a doctor of dental surgery or of dental medicine 7as described in subsection 7r77#b77 or an oral health professional 7as defined in paragraph 7#d772 or 7,b7 the basic treatments specified for such year by the ,secretary pursuant to paragraph 7#c77;,a7 and the major treatments specified for such year by the ,secretary pursuant to paragraph 7#c77;,b7 furnished by such a doctor or such a professional4 7#b7 ,preventive and screening services ,the preventive and screening services described in this paragraph are the following3 7,a7 ,oral exams4 7,b7 ,dental cleanings4 7,c7 ,dental x-rays performed in the office of a doctor or professional described in paragraph 7#a77;,a74 7,d7 ,fluoride treatments4 7#c7 ,basic and major treatments ,for #bjbh and each subsequent year1 the ,secretary shall specify-- 7,a7 basic treatments 7which may include basic tooth restorations1 basic periodontal services1 tooth extractions1 and oral disease management services72 and 7,b7 major treatments 7which may include major tooth restorations1 major periodontal services1 bridges1 crowns1 and root canals72 that shall be included as dental and oral health services for such year4 7#d7 ,oral health professional ,the term oral health professional means1 with respect to dental and oral health services1 a health professional 7other than a doctor of dental surgery or of dental medicine 7as described in subsection 7r77#b777 who is licensed to furnish such services1 acting within the scope of such license1 by the ,state in which such services are furnished4 4 7c7 ,payment2 coinsurance2 and limitations 7#a7 ,in general ,section #ahcc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77#a771 as amended by section #cjeaa7;b71 is further amended-- 7,a7 in subparagraph 7,n71 by inserting and dental and oral health services 7as defined in section #ahfa7lll77 after section #ahfa7;hhh77#a772 7,b7 by striking and before 7,,ee72 and 7,c7 by inserting before the semicolon at the end the following3 and 7,,ff7 with respect to dental and oral health services 7as defined in section #ahfa7lll771 the amount paid shall be the payment amount specified under section #ahcd7z74 7#b7 ,payment and limits specified ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7 is amended by adding at the end the following new subsection3 7z7 ,payment and limits for dental and oral health services 7#a7 ,in general ,the payment amount under this part for dental and oral health services 7as defined in section #ahfa7lll77 shall be1 subject to paragraph 7#c71 the applicable percent 7specified in paragraph 7#b77 of the lesser of-- 7,a7 the actual charge for the service2 or 7,b7 the amount determined under the payment basis determined under section #ahdh for the service1 or1 in lieu of such amount1 if determined appropriate by the ,secretary1 an amount specified by the ,secretary for such service under a fee schedule determined appropriate by the ,secretary1 taking into account fee schedules for such services-- 7i7 under the ,,tricare program under chapter #ee of title #aj of the ,united ,states ,code2 7ii7 under the health insurance program under chapter #hi of title #e of such ,code2 7iii7 under ,state plans 7or waivers of such plans7 under title ,,xix2 7iv7 under ,medicare ,advantage plans under part ,c2 7v7 established by the ,secretary of ,veterans ,affairs2 and 7vi7 established by other health care payers4 7#b7 ,applicable percent ,for purposes of paragraph 7#a71 the applicable percent specified in this paragraph is1 with respect to dental and oral health services 7as defined in section #ahfa7lll77 furnished in a year-- 7,a7 that are preventive and screening services described in paragraph 7#b7 or basic treatments specified for such year pursuant to paragraph 7#c77;,a7 of such section1 #hj percent2 and 7,b7 that are major treatments specified for such year pursuant to paragraph 7#c77;,b7 of such section-- 7i7 in the case such services are furnished during #bjbh1 #aj percent2 7ii7 in the case such services are furnished during #bjbi or a subsequent year before #bjcb1 the applicable percent specified under this subparagraph for the previous year1 increased by #aj percentage points2 and 7iii7 in the case such services are furnished during #bjcb or a subsequent year1 #ej percent4 7#c7 ,limitations ,with respect to dental and oral health services that are-- 7,a7 preventive and screening oral exams1 payment may be made under this part for not more than two such exams during a #ab-month period2 7,b7 dental cleanings1 payment may be made under this part for not more than two such cleanings during a #ab-month period2 and 7,c7 not described in subparagraph 7,a7 or 7,b71 payment may be made under this part only at such frequencies and under such circumstances determined appropriate by the ,secretary4 7#d7 ,use of bundled payments ,the ,secretary may make payment for dentures and associated professional services1 and for any other dental and oral health services1 as bundled payments as the ,secretary determines appropriate4 7#e7 ,limitation on judicial review ,there shall be no administrative or judicial review under section #ahfi or otherwise of-- 7,a7 the determination of payment amounts under this subsection for dental and oral health services and under subsection 7h77#f7 or subsection 7z77#d7 for dentures2 7,b7 the determination of what services are basic and major services under subparagraphs 7,a7 and 7,b7 of section #ahfa7lll77#c72 or 7,c7 the determination of the frequency and circumstance limitations for dental and oral health services under paragraph 7#c77;,c74 4 7d7 ,payment under physician fee schedule 7#a7 ,in general ,section #ahdh7;j77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;j77#c77 is amended by inserting 7#b77;,,ii71 before 7#c74 7#b7 ,exclusion from ,,mips ,section #ahdh7q77#a77;,c77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7q77#a77;,c77ii77 is amended-- 7,a7 in subclause 7,,ii71 by striking or at the end2 7,b7 in subclause 7,,iii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subclause3 7,,iv7 with respect to #bjbh and each subsequent year1 is a doctor of dental surgery or of dental medicine 7as described in section #ahfa7r77#b77 or is an oral health professional 7as defined in section #ahfa7lll77#d774 4 7#c7 ,inclusion of oral health professionals as certain practitioners ,section #ahdb7;b77#ah77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieu7b77#ah77;,c77 is amended by adding at the end the following new clause3 7vii7 ,with respect to #bjbh and each subsequent year1 an oral health professional 7as defined in section #ahfa7lll77#d774 4 7e7 ,dentures 7#a7 ,in general ,section #ahfa7s77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#h77 is amended-- 7,a7 by striking 7other than dental72 and 7,b7 by inserting and excluding dental1 except for a full or partial set of dentures 7as described in section #ahcd7;h77#f77 furnished on or after ,january #a1 #bjbh after colostomy care4 7#b7 ,special payment rules 7,a7 ,limitations ,section #ahcd7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h77 is amended by adding at the end the following new paragraph3 7#f7 ,special payment rule for dentures ,payment may be made under this part with respect to an individual for dentures-- 7,a7 not more than once during any #e-year period 7except in the case that a doctor described in section #ahfa7lll77#a77;,a7 determines such dentures do not fit the individual72 and 7,b7 only to the extent that such dentures are furnished pursuant to a written order of such a doctor or professional4 4 7,b7 ,application of competitive acquisition 7i7 ,in general ,section #ahcd7;h77#a77;,h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h77#a77;,h77 is amended-- 7,i7 in the subparagraph heading1 by inserting 1 dentures after orthotics2 7,,ii7 by inserting 1 of dentures described in paragraph 7#b77;,d7 of such section1 after #bjaa12 and 7,,iii7 in clause 7i71 by inserting 1 such dentures after orthotics4 7ii7 ,conforming amendment ,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 ,dentures ,dentures described in section #ahfa7s77#h7 for which payment would otherwise be made under section #ahcd7;h74 4 7iii7 ,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 dentures ,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 7f7 ,exclusion modifications ,section #ahfb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,o71 by striking and at the end2 7,b7 in subparagraph 7,p71 by striking the semicolon at the end and inserting 1 and2 and 7,c7 by adding at the end the following new subparagraph3 7,q7 in the case of dental and oral health services 7as defined in section #ahfa7lll77 that are preventive and screening services described in paragraph 7#b7 of such section1 which are furnished more frequently than provided under section #ahcd7z77#c7 or under circumstances other than circumstances determined appropriate under subparagraph 7,c7 of such section2 2 and 7#b7 in paragraph 7#ab71 by inserting before the semicolon at the end the following3 and except that payment may be made under part ,b for dental and oral health services that are covered under section #ahfa7s77#b77;,,ii7 and for dentures under section #ahfa7s77#h74 7g7 ,certain non-application 7#a7 ,in general ,paragraphs 7#a7 and 7#d7 of section #ahci7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7a77 are amended by adding at the end of each such paragraphs the following3 ,in applying this paragraph there shall not be taken into account benefits and administrative costs attributable to the amendments made by section #cjija 7other than subsection 7g77 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad and the ,government contribution under section #ahdd7;a77#e74 7#b7 ,payment ,section #ahdd7;a7 of such ,act 7#db ,u4,s4,c4 #aciew7a77 is amended-- 7,a7 in paragraph 7#d71 by striking the period at the end and inserting 2 plus2 7,b7 by adding at the end the following new paragraph3 7#e7 a ,government contribution equal to the amount that is estimated to be payable for benefits and related administrative costs incurred that are attributable to the amendments made by section #cjija 7other than subsection 7g77 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad 4 2 and 7,c7 in the flush matter at the end1 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#e74 7h7 ,implementation 7#a7 ,funding 7,a7 ,in general ,in addition to amounts otherwise available1 the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall provide for the transfer from the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of the ,social ,security ,act 7#db ,u4,s4,c4 #aciet7 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account of-- 7i7 #bj1jjj1jjj for each of fiscal years #bjbb through #bjbh for purposes of implementing the amendments made by this section2 and 7ii7 such sums as determined appropriate by the ,secretary for each subsequent fiscal year for purposes of administering the provisions of such amendments4 7,b7 ,availability and additional use of funds ,funds transferred pursuant to subparagraph 7,a7 shall remain available until expended and may be used1 in addition to the purpose specified in subparagraph 7,a77i71 to implement the amendments made by sections #cjijb and #cjijc4 7#b7 ,administration ,the ,secretary may implement1 by program instruction or otherwise1 any of the provisions of1 or amendments made by1 this section4 7#c7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the provisions of1 or the amendments made by1 this section4 #cjijb4 ,providing coverage for hearing care under the ,medicare program 7a7 ,provision of aural rehabilitation and treatment services by qualified audiologists ,section #ahfa7ll77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7ll77#c77 is amended by inserting 7and1 beginning ,october #a1 #bjbc1 such aural rehabilitation and treatment services7 after assessment services4 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 ,october #a1 #bjbc1 to individuals diagnosed with profound or severe 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 #aciem7h771 as amended by section #cjija7;e77#b77;,a71 is further amended by adding at the end the following new paragraph3 7#g7 ,limitations for hearing aids 7,a7 ,in general ,payment may be made under this part with respect to an individual1 with respect to hearing aids furnished on or after ,october #a1 #bjbc-- 7i7 not more than once during a #e-year period2 7ii7 only for types of such hearing aids that are not over-the-counter hearing aids 7as defined in section #ebj7q77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 and that are determined appropriate by the ,secretary2 and 7iii7 only if furnished pursuant to a written order of a physician or qualified audiologist 7as defined in section #ahfa7ll77#d77;,b774 7,b7 ,limitation on judicial review ,there shall be no administrative or judicial review under section #ahfi or otherwise of-- 7i7 the determination of the types of hearing aids paid for under subparagraph 7,a77ii72 or 7ii7 the determination of fee schedule rates for hearing aids described in this paragraph4 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;,h771 as amended by section #cjija7;e77#b77;,b77i71 is further amended-- 7i7 in the header1 by inserting 1 hearing aids after dentures2 7ii7 by inserting 1 of hearing aids described in paragraph 7#b77;,e7 of such section1 after paragraph 7#b77;,d7 of such section2 and 7iii7 in clause 7i71 by inserting 1 such hearing aids after such dentures4 7,b7 ,conforming amendment 7i7 ,in general ,section #ahdg7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;a77#b771 as amended by section #cjija7;e77#b77;,b77ii71 is further amended by adding at the end the following new subparagraph3 7,e7 ,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#g771 as amended by section #cjija7;e77#b77;,b77iii71 is further amended by adding at the end the following new subparagraph3 7,d7 ,certain hearing aids ,those items and services described in paragraph 7#b77;,e7 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 audiologists 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 as amended by section #cjija7;d77#d71 is further amended by adding at the end the following new clause3 7viii7 ,beginning ,october #a1 #bjbc1 a qualified audiologist 7as defined in section #ahfa7ll77#d77;,b774 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 ,certain non-application 7#a7 ,in general ,the last sentence of section #ahci7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7a77#a771 as added by section #cjija7;g77#a71 is amended by striking section #cjija 7other than subsection 7g77 and inserting sections #cjija 7other than subsection 7g771 #cjijb 7other than subsection 7d774 7#b7 ,payment ,paragraph 7#d7 of section #ahdd7;a7 of such ,act 7#db ,u4,s4,c4 #aciew7a771 as added by section #cjija7;g77#b71 is amended by striking section #cjija 7other than subsection 7g77 and inserting sections #cjija 7other than subsection 7g771 #cjijb 7other than subsection 7d774 7e7 ,implementation 7#a7 ,funding 7,a7 ,in general ,in addition to amounts otherwise available1 the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall provide for the transfer from the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of the ,social ,security ,act 7#db ,u4,s4,c4 #aciet7 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account of-- 7i7 #bj1jjj1jjj for each of fiscal years #bjbb through #bjbc for purposes of implementing the amendments made by this section2 and 7ii7 such sums as determined appropriate by the ,secretary for each subsequent fiscal year for purposes of administering the provisions of such amendments4 7,b7 ,availability and additional use of funds ,funds transferred pursuant to subparagraph 7,a7 shall remain available until expended and may be used1 in addition to the purpose specified in subparagraph 7,a77i71 to implement the amendments made by sections #cjija and #cjijc4 7#b7 ,administration ,the ,secretary may implement1 by program instruction or otherwise1 any of the provisions of1 or amendments made by1 this section4 7#c7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the provisions of1 or the amendments made by1 this section4 #cjijc4 ,providing coverage for vision care under the ,medicare program 7a7 ,coverage ,section #ahfa7s77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#b771 as amended by section #cjija7;a71 is further amended-- 7#a7 in subparagraph 7,,hh71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,,ii71 by striking the period at the end and adding 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,,jj7 vision services 7as defined in subsection 7mmm772 4 7b7 ,vision services defined ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex71 as amended by section #cjija7;b71 is further amended by adding at the end the following new subsection3 7mmm7 ,vision services ,the term vision services means-- 7#a7 routine eye examinations to determine the refractive state of the eyes1 including procedures performed during the course of such examination2 and 7#b7 contact lens fitting services2 furnished on or after ,october #a1 #bjbb1 by or under the direct supervision of an ophthalmologist or optometrist who is legally authorized to furnish such examinations1 procedures1 or fitting services 7as applicable7 under ,state law 7or the ,state regulatory mechanism provided by ,state law7 of the ,state in which the examinations1 procedures1 or fitting services are furnished4 4 7c7 ,payment limitations ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem71 as amended by section #cjija7;c77#b71 is further amended by adding at the end the following new subsection3 7aa7 ,limitation for vision services ,with respect to vision services 7as defined in section #ahfa7mmm77 and an individual1 payment may be made under this part for only #a routine eye examination described in paragraph 7#a7 of such section and #a contact lens fitting service described in paragraph 7#b7 of such section during a #b-year period4 4 7d7 ,payment under physician fee schedule ,section #ahdh7;j77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;j77#c771 as amended by section #cjija7;d77#a71 is further amended by inserting 7#b77;,,jj71 before 7#c74 7e7 ,coverage of conventional eyeglasses and contact lenses 7#a7 ,in general ,section #ahfa7s77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#h771 as amended by section #cjijb7;b77#a71 is further amended by striking 1 and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens and inserting 1 including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens1 if furnished before ,october #a1 #bjbb1 and including conventional eyeglasses or contact lenses 7as described in section #ahcd7;h77#h771 whether or not furnished subsequent to such a surgery1 if furnished on or after ,october #a1 #bjbb4 7#b7 ,conforming amendment ,section #ahdb7;b77#aa77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieu7b77#aa77;,a77 is amended by inserting furnished prior to ,october #a1 #bjbb1 after relating to them14 7f7 ,special payment rules for eyeglasses and contact lenses 7#a7 ,limitations ,section #ahcd7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h771 as amended by section #cjija7;e77#b77;,a7 and section #cjijb7;b77#b71 is further amended by adding at the end the following new paragraph3 7#h7 ,payment limitations for eyeglasses and contact lenses 7,a7 ,in general ,with respect to eyeglasses and contact lenses furnished to an individual on or after ,october #a1 #bjbb1 subject to subparagraph 7,b71 payment may be made under this part only-- 7i7 during a #b-year period1 for either #a pair of eyeglasses 7including lenses and frames7 or not more than a #b-year supply of contact lenses2 7ii7 with respect to amounts attributable to the lenses and frames of such a pair of eyeglasses or amounts attributable to such a #b-year supply of contact lenses1 in an amount not greater than-- 7,i7 for a pair of eyeglasses furnished in1 or a #b-year supply of contact lenses beginning in1 #bjbb-- 7aa7 #he for the lenses of such pair of eyeglasses and #he for the frames of such pair of eyeglasses2 or 7bb7 #he for such #b-year supply of contact lenses2 and 7,,ii7 for the lenses and frames of a pair of eyeglasses furnished in1 or a #b-year supply of contact lenses beginning in1 a subsequent year1 the dollar amounts specified under this subparagraph for the previous year1 increased by the percentage change 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 7iii7 if furnished pursuant to a written order of an ophthalmologist or optometrist described in subsection 7mmm72 and 7iv7 if during the #b-year period described in clause 7i71 the individual did not already receive 7as described in subparagraph 7,b77 one pair of conventional eyeglasses or contact lenses subsequent to a cataract surgery with insertion of an intraocular lens furnished during such period4 7,b7 ,exception ,with respect to a #b-year period described in subparagraph 7,a77i71 in the case of an individual who receives cataract surgery with insertion of an intraocular lens1 notwithstanding subparagraph 7,a71 payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period4 7,c7 ,limitation on judicial review ,there shall be no administrative or judicial review under section #ahfi or otherwise of-- 7i7 the determination of the types of eyeglasses and contact lenses covered under this paragraph2 or 7ii7 the determination of fee schedule rates under this subsection for eyeglasses and contact lenses4 4 7#b7 ,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;,h771 as amended by section #cjija7;e77#b77;,b77i7 and section #cjijb7;b77#c77;,a71 is further amended-- 7i7 in the header by inserting 1 eyeglasses1 and contact lenses after hearing aids2 7ii7 by inserting and of eyeglasses and contact lenses described in paragraph 7#b77;,f7 of such section1 after paragraph 7#b77;,e7 of such section12 and 7iii7 in clause 7i71 by inserting 1 or such eyeglasses and contact lenses after such hearing aids4 7,b7 ,conforming amendment 7i7 ,in general ,section #ahdg7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;a77#b771 as amended by section #cjija7;e77#b77;,b77ii7 and section #cjijb7;b77#c77;,b77i71 is further amended by adding at the end the following new subparagraph3 7,f7 ,eyeglasses and contact lenses ,eyeglasses and contact lenses 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#g771 as amended by section #cjija7;e77#b77;,b77iii7 and section #cjijb7;b77#c77;,b77ii71 is further amended by adding at the end the following new subparagraph3 7,e7 ,certain eyeglasses and contact lenses ,those items and services described in paragraph 7#b77;,f7 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 7g7 ,exclusion modifications ,section #ahfb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7a771 as amended by section #cjija7;f71 is further amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,p71 by striking and at the end2 7,b7 in subparagraph 7,q71 by striking the semicolon at the end and inserting 1 and2 and 7,c7 by adding at the end the following new subparagraph3 7,r7 in the case of vision services 7as defined in section #ahfa7mmm77 that are routine eye examinations and contact lens fitting services 7as described in paragraph 7#a7 or 7#b71 respectively1 of such section71 which are furnished more frequently than once during a #b-year period2 2 and 7#b7 in paragraph 7#g7-- 7,a7 by inserting 7other than such an examination that is a vision service that is covered under section #ahfa7s77#b77;,,jj77 after eye examinations2 and 7,b7 by inserting 7other than such a procedure that is a vision service that is covered under section #ahfa7s77#b77;,,jj77 after refractive state of the eyes4 7h7 ,certain non-application 7#a7 ,in general ,the last sentence of section #ahci7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7a77#a771 as added by section #cjija7;g77#a7 and amended by section #cjijb7;d77#a71 is further amended by inserting 1 and #cjijc 7other than subsection 7h77 after #cjijb 7other than subsection 7d774 7#b7 ,payment ,paragraph 7#d7 of section #ahdd7;a7 of such ,act 7#db ,u4,s4,c4 #aciew7a771 as added by section #cjija7;g77#b7 and amended by section #cjijb7;d77#b71 is further amended by inserting 1 and #cjijc 7other than subsection 7h77 after #cjijb 7other than subsection 7d774 7i7 ,implementation 7#a7 ,funding 7,a7 ,in general ,in addition to amounts otherwise available1 the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall provide for the transfer from the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of the ,social ,security ,act 7#db ,u4,s4,c4 #aciet7 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account of-- 7i7 #bj1jjj1jjj for each of fiscal years #bjbb and #bjbc for purposes of implementing the amendments made by this section2 and 7ii7 such sums as determined appropriate by the ,secretary for each subsequent fiscal year for purposes of administering the provisions of such amendments4 7,b7 ,availability and additional use of funds ,funds transferred pursuant to subparagraph 7,a7 shall remain available until expended and may be used1 in addition to the purpose specified in subparagraph 7,a77i71 to implement the amendments made by sections #cjija and #cjijb4 7#b7 ,administration ,the ,secretary may implement1 by program instruction or otherwise1 any of the provisions of1 or amendments made by1 this section4 7#c7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the provisions of1 or the amendments made by1 this section4 ,j ,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 ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #g1jjj1jjj1jjj1 to remain available until expended1 to carry out1 acting through the ,director of the ,centers for ,disease ,control and ,prevention 7in this section referred to as the ,director71 activities described in subsection 7b74 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 ,allocation ,of the total amount of funds awarded as grants under this subsection for a fiscal year-- 7,a7 not less than #ej percent shall be for grants to health departments under paragraph 7#a77;,a72 and 7,b7 not less than #be percent shall be for grants to ,state1 local1 territorial1 or ,tribal health departments under paragraph 7#a77;,b74 7#c7 ,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 the 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#d7 ,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#e7 ,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 all public health agencies in the applicant's jurisdiction4 7#f7 ,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#g7 ,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 7#a7 ,in general ,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 7#b7 ,limitation ,out of amounts appropriated under subsection 7a7 to carry out this section for a fiscal year1 not more than #be percent of the funds awarded per fiscal year may be used by the ,centers for ,disease ,control and ,prevention to carry out this subsection4 7e7 ,definition ,in this section1 the term core public health infrastructure includes-- 7#a7 workforce capacity and competency2 7#b7 laboratory systems2 7#c7 all hazards public health and preparedness2 7#c7 testing capacity1 including test platforms1 mobile testing units1 and personnel2 7#d7 health information1 health information systems1 and health information analysis2 7#e7 disease surveillance2 7#f7 contact tracing2 7#g7 communications2 7#h7 financing2 7#i7 other relevant components of organizational capacity2 and 7#aj7 other related activities4 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 hospital infrastructure 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 #aj1jjj1jjj1jjj1 to remain available until expended1 to carry out subsection 7b7 consistent with enhancing the goals of parts ,b and ,c of title ,,xvi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjq et seq474 7b7 ,use of funds ,from amounts made available under subsection 7a71 the ,secretary shall1 with priority given to applicants whose projects will include1 by design1 public health emergency preparedness1 natural disaster emergency preparedness1 or cybersecurity against cyber threats1 award grants to entities described in section #afaj7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjr7a77 for purposes of increasing capacity and updating hospitals and other medical facilities in order to better serve communities in need4 7c7 ,conditions ,the following requirements of parts ,b and ,c of title ,,xvi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjr et seq47 shall apply to funds made available under this section3 7#a7 ,the requirements related to reasonable volume of care described under section #afba7;b77#a77,k77ii7 of such ,act 7#db ,u4,s4,c4 #cjjs-#a7;b77#a77,k77ii774 7#b7 ,section #afba7;b77#a77;,i7 of such ,act 7#db ,u4,s4,c4 #cjjs-#a7;b77#a77;,i774 7#c7 ,any other provision of such parts that the ,secretary determines 7as prescribed by regulation7 to be appropriate to carry out this section4 #cajjc4 ,funding for community 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 #aj1jjj1jjj1jjj1 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 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 purposes4 #cajjd4 ,funding for community-based care infrastructure 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 qualified teaching health centers 7as defined in section #cdj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h771 behavioral health care centers 7as defined by the ,secretary to include both substance abuse and mental health care facilities71 and pediatric mental health care providers 7as used in section #ccj,m7b77#a77;,g7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#ai7;b77#a77;,g7774 7b7 ,use of funds ,amounts made available pursuant to subsection 7a7 shall be used to support the improvement1 renovation1 or modernization of infrastructure at such centers1 including to respond to public health emergencies declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 #cajje4 ,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 #a1jjj1jjj1jjj1 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 #cajjf4 ,funding for nursing education enhancement and modernization grants 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 #a1jjj1jjj1jjj1 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 community health center1 or other facility that provides health care1 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 #cajjg4 ,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 #f1jjj1jjj1jjj1 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 ,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 #cajjh4 ,funding for children's hospitals that operate graduate medical education 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 #bej1jjj1jjj1 to remain available until expended1 for carrying out section #cdj;,e of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;e74 #cajji4 ,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 #cjj1jjj1jjj1 to remain available until expended1 for carrying out section #hdf of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bign74 #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 #e1jjj1jjj1jjj for purposes of carrying out1 acting through the ,director of the ,centers for ,disease ,control and ,prevention 7in this section referred to as the ,director71 activities described in subsection 7b71 to remain available until expended4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for the following activities3 7#a7 ,supporting renovation1 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 increasing and enhancing testing and response capacity2 7,b7 upgrades and expansion of the ,laboratory ,response ,network for rapid outbreak detection2 7,c7 improving and expanding genomic sequencing capabilities to detect emerging diseases and variant strains2 7,d7 expanding biosafety and biosecurity capacity2 and 7,e7 making other laboratory enhancements and modernization as determined by the ,director to be important for maintaining public health4 7#b7 ,renovating1 expanding1 and modernizing laboratories of the ,centers for ,disease ,control and ,prevention as described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a74 7#c7 ,enhancing the ability of the ,centers for ,disease ,control and ,prevention to monitor and exercise oversight over biosafety and biosecurity of ,state and local public health laboratories4 #cajbb4 ,funding for strengthening vaccine confidence 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 #a1bej1jjj1jjj1 to remain available until expended1 to carry out1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 directly or by making grants to public or private entities1 activities described in subsection 7b7 in the ,united ,states1 including its territories and possessions4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used to-- 7#a7 strengthen vaccine confidence2 7#b7 strengthen routinely recommended vaccine programs2 and 7#c7 improve rates of vaccination1 including through activities described in section #cac of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bde74 #cajbc4 ,funding for surveillance 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 #a1jjj1jjj1jjj1 to remain available until expended1 to carry out1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 directly or by making grants to public or private entities1 activities described in subsection 7b74 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used to-- 7#a7 enhance and strengthen early warning and detection systems1 including public health and health care surveillance1 wastewater testing1 and global and domestic genomic surveillance2 7#b7 enhance and strengthen surveillance based in hospitals and other health care providers or facilities1 and outpatient facility surveillance for severe acute respiratory infection1 influenza-like illness1 acute febrile illness1 and other diseases as determined by the ,director of the ,centers for ,disease ,control and ,prevention to be in the interest of public health2 and 7#c7 strengthen the antibiotic resistance initiative program to improve research1 stewardship1 genomic detection capabilities1 and surveillance of existing and emerging antimicrobial resistant pathogens4 #cajbd4 ,funding for data modernization 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 #ejj1jjj1jjj1 to remain available until expended-- 7#a7 to carry out1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 directly or by making grants to public or private entities1 activities described in subsection 7b72 and 7#b7 to supplement other available funds to carry out similar data modernization activities authorized by the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja et seq474 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for the following3 7#a7 ,supporting public health data surveillance1 aggregation1 and analytics infrastructure modernization initiatives4 7#b7 ,enhancing reporting and workforce core competencies in informatics and digital health4 7#c7 ,expanding and maintaining efforts to modernize the ,united ,states disease warning system to forecast and track hotspots and emerging biological threats4 #cajbe4 ,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 to remain available until expended1 to carry out activities1 acting through the ,assistant ,secretary for ,preparedness and ,response1 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;d7-- 7#a7 #c1jjj1jjj1jjj to support surge capacity1 including through construction1 expansion1 or modernization of facilities1 to respond to a public health emergency1 for procurement and domestic manufacture of drugs1 active pharmaceutical ingredients1 vaccines and other biological products1 diagnostic technologies and products1 personal protective equipment1 medical devices1 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 #b1jjj1jjj1jjj to support expanded global and domestic vaccine production capacity1 including by developing or acquiring new technology and expanding manufacturing capacity through construction1 expansion1 or modernization of facilities2 7#c7 #b1jjj1jjj1jjj 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 #ejj1jjj1jjj 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 #ejj1jjj1jjj to support increased biosafety and biosecurity in research on infectious diseases1 including by modernization or improvement of facilities4 #c ,innovation #cajca4 ,funding for ,advanced ,research ,projects for ,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 #c1jjj1jjj1jjj1 to remain available until expended1 to establish the ,advanced ,research ,projects ,agency for ,health 7in this section referred to as the ,,arpa-,h7 for purposes of making pivotal investments in breakthrough technologies and broadly applicable platforms1 capabilities1 resources1 and solutions that have the potential to transform important areas of medicine and health for the benefit of all individuals and that cannot readily be accomplished through traditional biomedical research or commercial activity4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used to-- 7#a7 hire a ,director to head the ,,arpa-,h 7for a term of no more than #e years subject to one renewal period72 and 7#b7 acting through the ,director of the ,,arpa-,h1 in consultation1 as applicable1 with the ,director of the ,national ,institutes of ,health1 the ,commissioner of ,food and ,drugs1 the ,administrator of the ,centers for ,medicare ,medicaid ,services1 the ,director of the ,biomedical ,advanced ,research and ,development ,authority1 the ,deputy ,assistant ,secretary for ,minority ,health1 and the heads of other agencies1 shall-- 7,a7 ensure to the maximum extent practicable that the projects and activities of the ,,arpa-,h funded by subsection 7a7 are coordinated with1 and do not duplicate the efforts of1 programs within1 or research conducted or supported by1 the ,department of ,health and ,human ,services2 and 7,b7 in using amounts made available by subsection 7a71 expedite the development1 application1 and implementation of health breakthroughs to prevent1 detect1 and treat serious or life-threatening diseases1 including-- 7i7 providing awards in the form of grants1 contracts1 cooperative agreements1 prizes1 and other transactions 7as defined under section #djb7n7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhb7n777 to entities to carry out advanced research projects for health1 including through multiyear contracts 7subject to the availability of funds7 and prize competitions2 7ii7 developing funding criteria and evaluation criteria to assess projects funded under clause 7i72 7iii7 establishing metrics or criteria to prioritize investments and research that should be funded under clause 7i71 including the novelty1 scientific1 and technical merit of proposed projects1 the future commercial applications of projects1 and the unmet need within patient populations2 7iv7 identifying and promoting potential advances in basic research that will assist in carrying out advanced health research and development2 7v7 identifying areas of research and innovation that are high-risk1 high-reward or where the incentives of the commercial market are unlikely to result in adequate or timely development2 7vi7 supporting collaboration and communication among other ,federal agencies1 including both health and scientific agencies1 institutions of higher education1 private or public research institutions1 private entities1 including biotechnology and pharmaceutical companies1 and nonprofit organizations1 including patient advocacy groups1 including soliciting data1 if applicable2 7vii7 translating scientific discoveries into technological innovations1 including through-- 7,i7 collaboration with the ,food and ,drug ,administration on the development of medical products to facilitate transformation of breakthroughs in biomedicine into tangible solutions for patients2 and 7,,ii7 ensuring that medical product development programs gather nonclinical and clinical data necessary for approval as efficiently as practicable2 7viii7 hiring and appointing personnel necessary to carry out activities described in this section1 including-- 7,i7 making and rescinding appointments of scientific1 medical1 and professional personnel2 7,,ii7 designating personnel to serve as program managers 7for terms of no more than #c years subject to one renewal period7 to establish research and development goals for the ,,arpa-,h1 provide project oversight and management of strategic initiatives1 recommend restructure1 expansion1 or termination of research projects under this section1 as necessary and appropriate1 and carry out other activities described in this subsection2 7,,iii7 recruiting and retaining a diverse workforce1 including individuals underrepresented in science and medicine and1 racial and ethnic minorities2 and 7,,iv7 hiring and appointing administrative1 financial1 and information technology staff as necessary to carry out this subsection2 7ix7 compensating personnel at a rate to be determined by the ,director of the ,,arpa-,h2 7x7 acquiring 7by purchase1 lease1 condemnation1 or otherwise71 constructing1 improving1 repairing1 operating1 and maintaining such real and personal property as are necessary to carry out this section2 and 7xi7 entering into or terminating contracts1 including multiyear contracts1 as appropriate to support advanced research projects for health4 7c7 ,funding awards ,research funded by amounts made available under this section shall not be subject to the requirements of section #djf7;a77#c77;,a77ii7 or #dib of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhd;a7a77#c77;,a77ii71 #bhi;a74 7d7 ,supplement not supplant ,funds appropriated by this section shall be used to supplement and not supplant any appropriations for institutes and centers of the ,national ,institutes of ,health4 #d ,maternal mortality #cajda4 ,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 #age1jjj1jjj1 to remain available until expended1 to award grants to community-based organizations1 ,urban ,indian organizations1 ,native ,hawaiian organizations1 or other nonprofit organizations working with a community-based organization1 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 maternal health 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 support persons1 and providers to pregnant and postpartum individuals4 7#d7 ,providing culturally congruent1 linguistically appropriate1 and trauma-informed training to perinatal health workers4 7#e7 ,conducting outreach to eligible entities to encourage such entities to apply for grants under this section4 7#f7 ,providing technical assistance to the eligible entities receiving funding under this section4 7c7 ,minimum for community-,based organizations ,of the amounts made available by subsection 7a71 the ,secretary shall award not less than #ge1jjj1jjj for the ,office of ,minority ,health to award grants to community-based organizations to carry out the activities described in subsection 7b74 #cajdb4 ,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 #aej1jjj1jjj1 to remain available until expended1 for grants to accredited schools of nursing for the purpose of growing and diversifying the perinatal nursing workforce4 7b7 ,uses of funds 7#a7 ,grantees ,prioritizing students and registered nurses who practice in a health professional shortage area designated under such section of the ,public ,health ,service ,act1 amounts made available to grantees by subsection 7a7 shall be used for the following activities3 7,a7 ,providing scholarships to students 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 a health professional shortage area designated under section #ccb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7 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 or discrimination4 7,d7 ,carrying out other activities under title ,,viii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bif et seq47 for the purpose under subsection 7a74 #cajdc4 ,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 grants 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 entities1 including entities promoting multidisciplinary approaches71 to establish or expand programs to grow and diversify the doula workforce4 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 students4 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 #cajdd4 ,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 grants 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 entities1 including entities promoting multidisciplinary approaches71 to establish or expand programs to grow and diversify the maternal mental health and substance use disorder treatment workforce4 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 #cajde4 ,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 grants to community-based 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 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 the integration of mental health and substance use disorder treatment services into primary care settings where pregnant individuals regularly receive health care services4 7#b7 ,establishing or expanding group prenatal care programs or postpartum care programs4 7#c7 ,expanding existing 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#d7 ,providing services and support for individuals with maternal mental health conditions and substance use disorders1 starting in pregnancy and continuing through the postpartum period4 7#e7 ,addressing stigma associated with maternal mental health conditions and substance use disorders1 with a focus on racial and ethnic minority groups4 7#f7 ,raising awareness of warning signs of maternal mental health conditions and substance use disorders1 with a focus on pregnant1 lactating1 and postpartum individuals from racial and ethnic minority groups4 7#g7 ,establishing or expanding programs to prevent suicide or self-harm among pregnant1 lactating1 and postpartum individuals4 7#h7 ,offering evidence-informed programs at freestanding birth centers that provide maternal mental health and substance use disorder education1 treatments1 and services1 and other services for individuals throughout the prenatal and postpartum period4 7#i7 ,establishing or expanding programs to provide education and training to maternity care providers with respect to-- 7,a7 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 groups2 and 7,b7 in the case where such providers identify such warning signs1 offering referrals to mental health substance use disorder treatment professionals4 7#aj7 ,developing a national website1 or other source1 that includes information on health care providers who treat maternal mental health conditions and substance use disorders4 7#aa7 ,establishing or expanding programs in communities to improve coordination between maternity care providers and mental health and substance use disorder providers who treat maternal mental health conditions and substance use disorders4 7#ab7 ,carrying other programs aligned with evidence-based or evidence-informed practices for addressing maternal mental health conditions and substance use disorders for pregnant and postpartum individuals from racial and ethnic minority groups4 #cajdf4 ,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 grants 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 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 #cajdg4 ,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 minority-serving institutions described in section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq74 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for 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 outreach to eligible minority-serving institutions to raise awareness of the availability of the grants4 7#e7 ,providing technical assistance on the application process for such grant4 7#f7 ,promoting capacity building to eligible entities4 #cajdh4 ,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 #cajdi4 ,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 #cajej4 ,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,k of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#ab7 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 #cajea4 ,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 #cajeb4 ,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 #cajec4 ,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 for carrying out section #cja of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bda7 and title ,,iv of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bha et seq47 with respect to child health and human development1 to conduct or support research for interventions to mitigate the effects of the ,,covid-#ai public health emergency on pregnant1 lactating1 and postpartum individuals1 with a particular focus on individuals from racial and ethnic minority groups4 #cajed4 ,funding for expanding the use of technology-enabled collaborative learning and capacity 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 grants to community-based 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 that are operating in health professional shortage areas designated under section #ccb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7 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 learning4 7b7 ,use of funds 7#a7 ,grantees ,a recipient of a grant awarded pursuant to subsection 7a7 shall use such grant amounts to-- 7,a7 train maternal health care providers and students 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 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 #cajee4 ,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 grants to community-based 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 that are operating in health professional shortage areas designated under section #ccb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7 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 pursuant to subsection 7a7 shall be used for the following activities3 7#a7 ,increasing access to digital tools that could improve maternal health outcomes1 such as wearable technologies1 patient portals1 telehealth services1 and mobile phone applications4 7#b7 ,providing technical assistance to recipients of grants awarded pursuant to subsection 7a7 on the development1 use1 evaluation1 and postgrant sustainability of digital tools for purposes of promoting equity in maternal health outcomes4 #cajef4 ,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 #be1jjj1jjj1 to remain available until expended1 for the purpose described in subsection 7b74 7b7 ,use of funds ,the ,secretary shall use amounts appropriated under subsection 7a7 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 #e ,other public health investments #cajfa4 ,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 #cajfb4 ,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 #cj1jjj1jjj1 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 #cajfc4 ,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 #cajfd4 ,funding for community violence and trauma interventions 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated to remain available until expended1 for the purposes described in subsection 7b73 7#a7 #aej1jjj1jjj for fiscal year #bjbb4 7#b7 #bej1jjj1jjj for fiscal year #bjbc4 7#c7 #dej1jjj1jjj for fiscal year #bjbd4 7#d7 #eej1jjj1jjj for each of fiscal years #bjbe1 #bjbf1 and #bjbg4 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 and the ,deputy ,assistant ,secretary for ,minority ,health and with public health and medical professionals1 victim services community-based organizations1 and other violence reduction experts1 shall use amounts appropriated by subsection 7a7 to support public health approaches 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-based1 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 school-based mental health services1 and other services2 and 7#b7 supporting training1 technical assistance1 surveillance systems1 and data collection 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 #cajfe4 ,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 #aj1jjj1jjj1 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 #cajff4 ,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 #aej1jjj1jjj1 to remain available until expended1 for modifications to existing contracts1 and supplements to existing grants and cooperative agreements under parts ,a1 ,b1 ,c1 and ,d of title ,,xxvi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;ff-#aa et seq47 and section #bfib7;a7 of such ,act 7#db ,u4,s4,c4 #cjj;ff-#aaa7;a774 #cajfg4 ,supplemental funding for the ,world ,trade ,center ,health ,program 7a7 ,supplemental ,fund 7#a7 ,in general ,title ,,xxxiii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjmm et seq47 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 ,uses 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 7#b7 ,conforming amendments ,title ,,xxxiii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjmm et seq47 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-- 7i7 in subsection 7a71 by inserting and the ,world ,trade ,center ,health ,program ,supplemental ,fund before the period at the end2 and 7ii7 in subsection 7d7-- 7,i7 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 7,,ii7 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-- 7i7 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 7ii7 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 7b7 ,research cohort for emerging health impacts on youth 7#a7 ,in general ,section #ccda of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjmm-#ea7 is amended-- 7,a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,research cohort for emerging health impacts on youth ,the ,,wtc ,program ,administrator shall establish a research cohort of sufficient size to conduct research studies on the health and educational impacts of exposure to airborne toxins1 or any other hazard or adverse condition1 resulting from the ,september #aa1 #bjja1 terrorist attacks on the population of individuals who were #ba years of age or younger at the time of exposure and who are enrolled in the ,,wtc ,program or otherwise eligible for enrollment in the ,program under section #ccba4 4 7#b7 ,spending limitation exemption ,section #ccea7;c77#e7 of such ,act 7#db ,u4,s4,c4 #cjjmm-#fa7;c77#e77 is amended in the matter preceding subparagraph 7,a71 by inserting 7other than subsection 7c7 of such section7 after section #ccda4 7#c7 ,conforming amendment ,section #ccja7;f77#b77;,e7 of such ,act 7#db ,u4,s4,c4 #cjjmm7f77#b77;,e77 is amended by striking section #ccda7;a7 and inserting subsection 7a7 or 7c7 of section #ccda4 ,k ,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 #aj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to make grants to eligible entities for implementing ,next ,generation #i-a-a1 operating and maintaining ,next ,generation #i-a-a1 training directly related to implementing1 maintaining1 and operating ,next ,generation #i-a-a1 if the cost related to such training does not exceed #c percent of the total grant award1 and planning and implementation activities1 if the cost related to such planning and implementation does not exceed #a percent of the total grant award4 7#b7 ,administrative expenses ,of the amount appropriated in this subsection1 the ,assistant ,secretary may use not more than #b percent to implement and administer this section4 7#c7 ,rulemaking required ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall1 after public notice and opportunity for comment1 issue rules to implement this section4 7b7 ,eligibility 7#a7 ,in general ,the ,assistant ,secretary shall not make a grant under this section to any eligible entity unless such entity certifies to the ,assistant ,secretary that-- 7,a7 no portion of any #i-a-a fee or charge imposed by the eligible entity1 or 7in the case that the eligible entity is not a covered ,state or ,tribal organization7 any ,state or taxing jurisdiction within which the eligible entity will carry out activities using grant funds1 will be obligated or expended for any purpose or function other than a purpose or function for which the obligation or expenditure of such a fee or charge is acceptable 7as determined by the ,federal ,communications ,commission pursuant to the rules issued under section #f7;f77#c7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#c771 as such rules are in effect on the date on which the eligible entity makes the certification7 during any period during which the funds from the grant are available to the eligible entity2 7,b7 any funds received by the eligible entity will be used to support the deployment of ,next ,generation #i-a-a in a manner that ensures reliability1 interoperability1 and requires the use of commonly accepted standards2 7,c7 the eligible entity has established1 or commits to establish not later than #c years after the date on which the funds are distributed to the eligible entity1 a sustainable funding mechanism for ,next ,generation #i-a-a and effective cybersecurity for ,next ,generation #i-a-a2 and 7,d7 no funds received by the eligible entity will be used 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 7#b7 ,other requirements ,the ,assistant ,secretary shall not make a grant under this section to an eligible entity unless such entity certifies to the ,assistant ,secretary that-- 7,a7 the eligible entity1 and 7in the case that the eligible entity is not a covered ,state or ,tribal organization7 any covered ,state within which the eligible entity will carry out activities using grant funds1 has designated a single officer or governmental body to serve as the point of contact to coordinate the implementation of ,next ,generation #i-a-a for such covered ,state or ,tribal organization2 and 7,b7 the eligible entity has developed and submitted a plan for the coordination and implementation of ,next ,generation #i-a-a consistent with the requirements of the ,assistant ,secretary that1 at a minimum-- 7i7 ensures interoperability1 reliability1 resiliency1 and the use of commonly accepted standards2 7ii7 enables emergency communications centers to process1 analyze1 and store multimedia1 data1 and other information2 7iii7 incorporates cybersecurity tools1 including intrusion detection and prevention measures2 7iv7 includes strategies for coordinating cybersecurity information sharing between ,federal1 covered ,state1 ,tribal1 and local government partners2 7v7 includes a governance body or bodies1 either by creation of a new body or bodies or use of an existing body or bodies1 for the development and deployment of ,next ,generation #i-a-a2 7vi7 creates efficiencies related to ,next ,generation #i-a-a functions1 including the virtualization and sharing of infrastructure1 equipment1 and services2 and 7vii7 utilizes an effective1 competitive approach to establishing authentication1 credentialing1 secure connections1 and access in deploying ,next ,generation #i-a-a1 including by-- 7,i7 requiring certificate authorities to be capable of cross-certification with other authorities2 7,,ii7 avoiding risk of a single point of failure or vulnerability2 and 7,,iii7 adhering to ,federal agency best practices such as those promulgated by the ,national ,institute of ,standards and ,technology4 7#c7 ,return of funding ,if1 after making a grant award to an eligible entity under subsection 7a71 the ,assistant ,secretary determines that such eligible entity has acted in a manner not in accordance with the certifications required under this subsection1 the ,assistant ,secretary shall1 after affording due process1 rescind such grant award and recoup funds from such eligible entity4 7c7 ,oversight ,in addition to amounts otherwise available1 there is appropriated to the ,inspector ,general of the ,department of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to conduct oversight to combat waste1 fraud1 and abuse of grant awards made under this section4 #caajb4 ,establishment of ,next ,generation #i-a-a ,cybersecurity ,center ,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 #hj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to establish a ,next ,generation #i-a-a ,cybersecurity ,center to coordinate with covered ,state1 local1 and regional governments on the sharing of cybersecurity information about1 the analysis of cybersecurity threats to1 and guidelines for strategies to detect and prevent cybersecurity intrusions relating to ,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 ,assistant ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to establish a #af-member ,public ,safety ,next ,generation #i-a-a ,advisory ,board 7in this section referred to as the ,board71 to be comprised of representatives of public safety organizations1 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 pursuant to 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 such 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 enable interoperability2 and 7,b7 are-- 7i7 developed and approved by a standards development organization that is accredited by a ,united ,states or international standards body in a process that-- 7,i7 is open to the public1 including open for participation by any organization2 and 7,,ii7 provides for a conflict resolution process2 7ii7 subject to an open comment and input process before being finalized by the standards development organization2 7iii7 consensus-based2 and 7iv7 made publicly available once approved4 7#d7 ,cost related to planning and implementation ,the term cost related to planning and implementation means any cost incurred by an eligible entity related to planning for and preparing an application and related materials as required under this title4 7#e7 ,covered ,state ,the term covered ,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 7#f7 ,eligible entity ,the term eligible entity-- 7,a7 means a covered ,state or a ,tribal organization2 and 7,b7 may be an entity1 including a public authority1 board1 or commission1 established by one or more entities described in subparagraph 7,a74 7#g7 ,emergency communications center 7,a7 ,in general ,the term emergency communications center-- 7i7 means a facility that-- 7,i7 is designated to receive a #i-a-a request for emergency assistance2 and 7,,ii7 performs one or more of the functions described in subparagraph 7,b72 and 7ii7 may be a public safety answering point1 as defined in section #bbb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb74 7,b7 ,functions described ,the functions described in this subparagraph are the following3 7i7 ,process and analyze #i-a-a requests for emergency assistance and information and data related to such requests4 7ii7 ,dispatch appropriate emergency response providers4 7iii7 ,transfer or exchange #i-a-a requests for emergency assistance and information and data related to such requests with one or more facilities described under this paragraph and emergency response providers4 7iv7 ,analyze any communications received from emergency response providers4 7v7 ,support incident command functions4 7#h7 ,interoperable2 interoperability ,the term interoperable or interoperability means the capability of emergency communications centers to receive #i-a-a requests for emergency assistance and information and data related to such requests1 such as location information and callback numbers from a person initiating the request1 and then process and share the #i-a-a requests for emergency assistance and information and data related to such requests with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction1 equipment1 device1 software1 service provider1 or other factors4 7#i7 ,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 and 7,d7 supports sharing information related to #i-a-a requests for emergency assistance among emergency communications centers and emergency response providers4 7#aj7 ,public safety organization ,the term public safety organization means an organization that represents the interests of personnel in-- 7,a7 local law enforcement2 7,b7 fire and rescue2 7,c7 emergency medical service2 or 7,d7 #i-a-a services4 7#aa7 ,reliability ,the term reliability means the employment of sufficient measures to ensure the ongoing operation of ,next ,generation #i-a-a1 including through the use of geo-diverse1 device- and network-agnostic elements that provide more than one physical route between end points with no common points where a single failure at that point would cause the operation of ,next ,generation #i-a-a to fail4 7#ab7 ,state or taxing jurisdiction ,the term ,state or taxing jurisdiction has the meaning given such 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#ac7 ,sustainable funding mechanism ,the term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses1 including operations1 maintenance1 and upgrades4 ,l ,spectrum ,auctions #cabja4 ,spectrum auctions and innovation 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 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,covered band ,the term covered band means the band of frequencies between #cajj megahertz and #cdej megahertz1 inclusive4 7#d7 ,relevant congressional committees ,the term relevant congressional committees means-- 7,a7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7b7 #c4a-c4de ,g,hz band 7#a7 ,pre-auction funding 7,a7 ,in general ,on the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall transfer #ej1jjj1jjj from the ,spectrum ,relocation ,fund established under section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7 to the ,secretary for the purpose of engineering studies1 economic analyses1 activities with respect to systems1 or other planning activities to improve efficiency and effectiveness of ,federal spectrum use in order to make available-- 7i7 frequencies in the covered band for identification by the ,secretary under paragraph 7#b77;,a72 and 7ii7 frequencies in the covered band for identification by the ,secretary under paragraph 7#b77;,b74 7,b7 ,exemption ,section #aah7;g7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77 shall not apply with respect to the payment required under subparagraph 7,a74 7,c7 ,plan ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary1 in coordination with the ,secretary of ,defense and the ,executive ,office of the ,president1 shall develop a plan for conducting the engineering studies1 economic analyses1 activities with respect to systems1 or other planning activities described in subparagraph 7,a74 7,d7 ,consideration of common platform ,in developing the plan required by subparagraph 7,c71 the ,assistant ,secretary shall consider facilitating the sharing of spectrum between ,federal and non-,federal users implemented through a ,federal user informing common platform developed by the ,assistant ,secretary1 in coordination with the ,commission4 7,e7 ,oversight ,the ,assistant ,secretary and the ,executive ,office of the ,president shall continuously review and provide oversight of the execution of the plan required by subparagraph 7,c74 7,f7 ,report to ,secretary of ,commerce and ,congress ,not later than #ah months after the date of enactment of this ,act1 for the purposes of aiding the ,secretary in making the identification under paragraph 7#b7 and informed by the findings of the engineering studies1 economic analyses1 activities with respect to systems1 or other planning activities described in subparagraph 7,a71 the ,assistant ,secretary1 in consultation with the ,secretary of ,defense1 shall submit to the ,secretary and the relevant congressional committees a report that-- 7i7 contains such findings2 and 7ii7 recommends-- 7,i7 frequencies in the covered band for identification by the ,secretary under paragraph 7#b77;,a72 and 7,,ii7 frequencies in the covered band for identification by the ,secretary under paragraph 7#b77;,b74 7#b7 ,identification ,not later than #bd months after the date of enactment of this ,act1 informed by the findings of the engineering studies1 economic analyses1 activities with respect to systems1 or other planning activities described in paragraph 7#a77;,a7 and the report required under paragraph 7#a77;,f71 the ,secretary1 in consultation with the ,secretary of ,defense1 the ,director of the ,office of ,science and ,technology ,policy1 and the ,commission1 shall submit to the ,president1 the ,commission1 and the relevant congressional committees a report that-- 7,a7 identifies for inclusion in a system of competitive bidding under paragraph 7#c7 at least #bjj megahertz of frequencies in the covered band for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof2 and 7,b7 identifies additional frequencies of electromagnetic spectrum in the covered band that could be made available for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof4 7#c7 ,auction 7,a7 ,in general ,not later than #g years after the date of enactment of this ,act1 the ,commission1 in coordination with the ,assistant ,secretary1 shall commence a system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 in accordance with paragraph 7#b7 of this subsection1 of the frequencies identified under subparagraph 7,a7 of that paragraph4 7,b7 ,prohibition ,no entity that is on the list required by section #b of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afja7 may participate in the system of competitive bidding required by subparagraph 7,a74 7#d7 ,preparing spectrum for auction 7,a7 ,in general ,the ,president shall modify or withdraw any assignment to a ,federal ,government station of the frequencies identified under paragraph 7#b77;,a7 to accommodate non-,federal use or shared ,federal and non-,federal use in accordance with that paragraph4 7,b7 ,timing ,the ,president may not modify or withdraw any assignment to a ,federal ,government station as described in subparagraph 7,a7 before ,november #cj1 #bjbd4 7#e7 ,auction proceeds to cover #aaj percent of ,federal relocation or sharing costs ,nothing in this subsection shall be construed to relieve the ,commission from the requirements under section #cji7;j77#af77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#af77;,b774 7#f7 ,rules authorizing additional use of spectrum in covered band ,not later than #d years after the date of enactment of this ,act1 the ,commission1 in consultation with the ,assistant ,secretary1 shall adopt rules that authorize the use of spectrum in the covered band identified under paragraph 7#b77;,b7 for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof4 7#g7 ,opportunistic use of identified frequencies ,not later than #d years after the date of enactment of this ,act1 if the ,president modifies or withdraws assignments under paragraph 7#d71 or if ,president accommodates the use described in paragraph 7#b77;,a7 without such modification or withdrawal1 the ,commission1 in coordination with the ,assistant ,secretary1 shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph 7#c7 is conducted4 ,opportunistic use1 if such use is inconsistent with the rights of licensees that obtained licenses through such auction1 shall cease upon the issuance by the ,commission of such licenses4 7c7 ,,fcc auction authority 7#a7 ,termination ,section #cji7;j77#aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#aa77 is amended by inserting after #bjbe the following3 1 and with respect to the electromagnetic spectrum identified under section #cabja7;b77#b77;,a7 of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 such authority shall expire on the date that is #g years after the date of enactment of that ,act4 7#b7 ,spectrum ,pipeline ,act of #bjae ,the ,spectrum ,pipeline ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #fba7 is amended-- 7,a7 in section #ajjd-- 7i7 in subsection 7a71 by striking #bjbb and inserting #bjbd2 and 7ii7 in subsection 7b77#a71 by striking #bjbb and inserting #bjbd2 and 7,b7 in section #ajjf7;c77#a71 by striking #bjbb and inserting #bjbd4 ,m ,distance ,learning #cacja4 ,additional support for distance learning 7a7 ,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 #d1jjj1jjj1jjj 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 to provide support under the covered regulations promulgated under subsection 7a7 of such section1 except that such amount shall be used to provide support under the covered regulations for costs incurred after the date of enactment of this ,act but before ,june #cj1 #bjcj1 regardless of whether those costs are incurred during a ,,covid-#ai emergency period 7as defined in subsection 7d7 of such section72 and 7#b7 #ejj1jjj to the ,inspector ,general of the ,federal ,communications ,commission to conduct oversight of support provided under the covered regulations4 ,amounts appropriated by this subsection shall remain available until ,september #cj1 #bjcj4 7b7 ,limitation ,none of the funds appropriated by subsection 7a77#a7 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 ,n ,manufacturing ,supply ,chain #cadja4 ,critical manufacturing ,supply ,chain ,resilience 7a7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1jjj1 to remain available until expended1 except that no amounts may be expended after ,september #cj1 #bjca1 to support the resilience1 diversity1 security1 and strength of critical manufacturing supply chains affecting interstate commerce and related administrative costs4 7b7 ,purposes ,the amount under subsection 7a7 shall be available to the ,secretary of ,commerce for-- 7#a7 critical manufacturing supply chain mapping and monitoring1 which may include providing grants and other financial assistance as appropriate to eligible entities for private and public sector-led mapping1 monitoring1 and forecasting2 7#b7 facilitating and supporting the establishment of voluntary standards1 guidelines1 and best practices to reduce risks to the resilience1 diversity1 security1 and strength of critical manufacturing supply chains2 7#c7 identifying1 accelerating1 promoting1 and demonstrating technological advances for critical manufacturing supply chains2 and 7#d7 providing grants and other financial assistance as appropriate that support the resilience1 diversity1 security1 or strength of a critical manufacturing supply chain to eligible entities for activities that may include enhancements to a domestic manufacturing facility1 process1 or practice1 the preservation of surge capacity1 the provision of goods1 or other activities at the determination of the ,secretary4 7c7 ,limitation ,of the amounts made available under subsection 7a71 not more than #c percent may be used for related administrative expenses4 7d7 ,eligible entity defined ,the term eligible entity means-- 7#a7 a domestic enterprise2 7#b7 a domestic manufacturer2 7#c7 a ,state1 local1 or ,tribal government entity2 7#d7 a domestic regional technology and manufacturing hub2 7#e7 a domestic institution of higher education2 7#f7 a domestic public or private nonprofit organization or association2 or 7#g7 a consortium of any of the entities described in paragraphs 7#a7 through 7#f74 ,o ,,ftc ,privacy ,enforcement #caeja4 ,federal ,trade ,commission funding for a privacy bureau and related expenses 7a7 ,appropriation ,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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out this section4 7b7 ,purposes ,the ,federal ,trade ,commission shall use the funds appropriated under subsection 7a7 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 the work of the ,commission related to unfair or deceptive acts or practices relating to privacy1 data security1 identity theft1 data abuses1 and related matters4 ,p ,department of ,commerce ,inspector ,general #cafja4 ,funding for the ,office of the ,inspector ,general of the ,department of ,commerce ,in addition to amounts otherwise available1 there is appropriated to the ,office of the ,inspector ,general of the ,department of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 #aj1jjj1jjj1jjj 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 #ff1ejj1jjj1jjj 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 #b1gej1jjj1jjj 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 housing1 to transform neighborhoods of poverty into functioning1 sustainable mixed-income neighborhoods 2 and 7#d7 #gej1jjj1jjj 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 the ,secretary may transfer and merge amounts set aside under this subparagraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 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 government or a public housing agency4 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 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 #adcgx7 and grants from amounts made available under this heading shall be subject to the regulations issued by the ,secretary to implement such section4 7#e7 ,partnerships ,grantees shall create partnerships with other local organizations1 included assisted housing owners1 service agencies1 and resident organizations4 7#f7 ,unobligated balances ,the ,secretary may1 until ,september #cj1 #bjca1 obligate any available unobligated balances made available under subsection 7a77#c74 7#g7 ,low-income 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;a7b77 and affordable housing1 which shall be housing for which the owner or purchaser of the project has recorded an affordability use restriction approved by the ,secretary for households earning up to #abj percent of the area median income for no fewer than #bj years4 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 ,alternative deadlines ,the ,secretary shall establish1 by notice1 alternative deadlines to those established in section #i7;j7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7j77 to provide public housing agencies reasonable periods of time to obligate and expend funds provided under paragraphs 7#a7 and 7#b7 of subsection 7a74 7#f7 ,recapture ,if the ,secretary recaptures funding allocated by formula from a public housing agency under paragraph 7a77#a71 such recaptured amounts shall be added to the amounts available under paragraph 7a77#b71 and shall be obligated by the ,secretary prior to the expiration of such funds4 7#g7 ,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#h7 ,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 other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #cd1ggj1jjj1jjj1 for activities and assistance for the ,,home ,investment ,partnerships ,program 7in this section referred to as the ,,home program71 as authorized under title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgba et seq47 7in this section referred to as ,,naha72 7#b7 #cf1ggj1jjj1jjj for activities and assistance for the ,,home ,investment ,partnerships ,program1 as authorized under title ,,ii of ,,naha1 subject to the terms and conditions in paragraphs 7#a7 and 7#b7 of subsection 7b72 7#c7 #ajj1jjj1jjj to make new awards or increase prior awards to existing technical assistance providers1 except that increases to prior awards do not exceed #aj percent of the amount made available under this subparagraph1 to provide an increase in capacity building and technical assistance available to any grantees implementing activities or projects consistent with this section1 except that the ,secretary may use not more than #aj percent of the amount made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance2 and 7#d7 #cfj1jjj1jjj 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 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,terms and condition 7#a7 ,formula ,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 eligible 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 ,,naha 7#db ,u4,s4,c4 #abgja et seq47 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 necessary to expedite or facilitate the use of amounts made available under this section4 7d7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjjc4 ,housing ,investment ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,housing ,investment ,fund1 which shall be within the ,community ,development ,financial ,institutions ,fund 7in this section referred to as the ,,cdfi ,fund71 to-- 7#a7 increase and preserve the affordability and quality of housing2 7#b7 increase the availability of affordable1 accessible housing2 7#c7 improve the energy and water efficiency and resiliency of affordable housing2 7#d7 enhance economic opportunities for residents1 by financing or supporting affordable housing located within proximity to public transportation1 as defined in section #ecjb of title #di1 ,united ,states ,code1 or centers of employment1 and education1 and critical community services2 7#e7 match the creation of housing supply to existing demand and projected demand growth in the area1 to the benefit of existing residents and with attention to preventing displacement of residents2 and 7#f7 further fair housing purposes addressing historic disinvestment1 the concentration of poverty1 and housing segregation on the basis of race1 color1 religion1 natural origin1 sex1 disability1 or familial status4 7b7 ,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 #i1fdj1jjj1jjj to the ,housing ,investment ,fund established by this section2 and 7#b7 #cfj1jjj1jjj for the costs to the ,,cdfi ,fund of administering and overseeing the implementation of this section1 including information technology1 financial reporting1 research and evaluations1 fair housing compliance1 and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7c7 ,expenditures from ,fund ,amounts in the ,housing ,investment ,fund shall be available to the ,,cdfi ,fund to make grants to increase investment in the development1 preservation1 rehabilitation1 financing1 or purchase of affordable housing primarily for low-1 very low-1 and extremely low- income families 1 and for homeowners with incomes up to #abj percent of the area median income4 ,the ,,cdfi ,fund may impose such conditions as it deems necessary to achieve the program goals1 including coordinating with the ,secretary of ,housing and ,urban ,development to housing achieve the purposes of subsection 7a77#f74 7d7 ,eligible grantees ,a grant under this section may be made1 pursuant to such requirements as the ,,cdfi ,fund shall establish for experience and success in carrying out the types of activities proposed under the application of the grantee1 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 #dgjb7 that is not found to be out of compliance with the obligation to affirmatively further fair housing1 as applicable2 7#b7 a nonprofit organization having as one of its principal purposes the creation1 development1 or preservation of affordable housing and that is not found to be out of compliance with the obligation to affirmatively further fair housing1 as applicable1 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 7e7 ,eligible uses ,grant amounts awarded from the ,housing ,investment ,fund pursuant to this section may be used for the purposes described in subsection 7c71 including for the following uses3 7#a7 ,to provide loan loss reserves4 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 affordable1 accessible housing1 including to support the creation1 preservation1 or rehabilitation of resident-owned manufactured housing communities4 7#c7 ,to capitalize an affordable housing fund 1 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 fund4 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 obligations4 7#e7 ,for risk-sharing loans4 7#f7 ,to provide loan guarantees4 7#g7 ,to fund rental housing operations4 7f7 ,applications ,the ,,cdfi ,fund shall provide1 an application process1 for eligible grantees under subsection 7d7 to submit applications for ,housing ,investment ,fund grants to the ,,cdfi ,fund at such time and in such manner as the ,,cdfi ,fund shall determine4 7g7 ,grant limitation 7#a7 ,in general ,the ,,cdfi ,fund shall establish limitations on aggregate funds available for an eligible grantee and its subsidiaries and affiliates1 and eligible uses and activities as appropriate4 7#b7 ,leverage of funds ,each grant from the ,housing ,investment ,fund awarded under this section shall be reasonably expected to result in eligible affordable housing activities that support or sustain affordable housing funded by a grant under this section and capital from other public and private sources4 7h7 ,direct hiring authority ,the ,,cdfi ,fund may use direct hiring authority to hire employees to administer the ,housing ,investment ,fund4 7i7 ,implementation ,the ,,cdfi ,fund shall have the authority to issue such regulations or other guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #hih1jjj1jjj for capital advances1 including amendments to capital advance contracts1 for supportive housing for persons with disabilities1 as authorized by section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7 7in this section referred to as the ,act71 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 #ae1jjj1jjj 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 applications2 and the ,secretary may use up to #aj percent of such amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance2 and 7#c7 #hg1jjj1jjj 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 costs2 the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of section #haa7;b77#c7 of the ,act 7#db ,u4,s4,c4 #hjac7;b77#c771 or regulation that the ,secretary administers that is applicable to such statute other than requirements related to 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 7c7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #b1cfj1jjj1jjj for the ,supportive ,housing for the ,elderly ,program authorized under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7 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 section #h project-based rental assistance contracts in accordance with subsection 7b7 of this section and section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 7in this section referred to as the #aicg ,act7 for capital advance projects1 including new project-based rental assistance contracts under section #h of the #aicg ,act for capital advance projects notwithstanding subsections 7b7 and 7c7 of section #bjb of the ,act 7#ab ,u4,s4,c4 #agjaq7 and section #h of the #aicg ,act 7#db ,u4,s4,c4 #adcg;f71 with the ,secretary setting the terms of such project-based rental assistance contracts1 including the duration and provisions regarding rent setting and rent adjustment2 and 7,c7 for service coordinators2 7#b7 #ae1jjj1jjj1 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 design2 and the ,secretary may use up to #aj percent of such amounts made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance2 and 7#c7 #abe1jjj1jjj 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 costs2 the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of section #bjb of the ,act 7#ab ,u4,s4,c4 #agjaq71 section #h of the #aicg ,act 7#db ,u4,s4,c4 #adcg;f71 or regulation that the ,secretary administers that is applicable to such statutes other than requirements related to 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 7c7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #e1cad1jjj1jjj for providing direct loans1 which may be forgivable1 and grants1 subject to terms and conditions1 including affordability requirements1 determined by the ,secretary1 to fund projects that improve the energy or water efficiency1 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 #gf1jjj1jjj 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 and the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja2 7#c7 #cfj1jjj1jjj 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 #bej1jjj1jjj 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 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,eligible recipients ,amounts made available under this section shall be for direct loans1 grants1 and direct loans that can be converted to grants to properties receiving project-based assistance pursuant to section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq71 section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac71 or section #h7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7b774 7c7 ,costs ,the costs of direct loans provided under this section1 including the cost of modifying such direct loans or converting direct loans into grants1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a74 7d7 ,waiver ,the ,secretary may waive or specify alternative requirements for any provision of section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq71 section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac71 section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 or any regulation applicable to such statutes other than requirements related to tenant rights and protections1 rent setting1 fair housing1 nondiscrimination1 labor standards1 and the environment1 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of such amounts4 #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 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #c1hgj1jjj1jjj 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 #acj1jjj1jjj 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 costs2 the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca 7b7 ,loan terms and conditions 7#a7 ,eligibility ,owners of distressed multifamily housing projects who meet each of the following requirements shall be eligible for loan assistance under this section3 7,a7 ,the actual rents received by the owner of the distressed property would not adequately sustain the debt needed to make necessary physical improvements4 7,b7 ,any such additional eligibility criteria as the ,secretary determines to be appropriate1 including factors that contributed to the property's distressed state4 7#b7 ,use of loan funds ,each recipient of loan assistance under this section may only use such loan assistance to make necessary physical improvements to a distressed property4 7#c7 ,loan availability ,the ,secretary shall only provide loan assistance to an owner of a distressed property when such assistance1 considered with other financial resources available to the owner1 is necessary to remove the property from a distressed state4 ,the ,secretary may provide assistance in any amount that the ,secretary determines is needed to make the necessary physical improvements that will correct the deficiencies of the distressed property4 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#e71 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 property3 7,a7 ,waive any due on sale or due on refinancing restriction4 7,b7 ,consent to the terms of new owner debt to which the loans may be subordinate1 even if such new debt would impact the rate of 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 property that is subject to the loan by extending any existing affordable housing use agreements for an additional #cj years or1 if the property 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 sources other than under this section1 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 under ,national ,housing ,act ,in the case of a loan issued under this section that is secured by a property with insurance under title ,,ii of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agjg et seq471 the ,secretary may use funds available under this section as necessary to pay for the costs of modifying such loan in accordance with section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a74 7#aj7 ,costs ,the costs of direct loans provided under this section1 including the cost of modifying such direct loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a74 7c7 ,definitions ,as used in this section-- 7#a7 the term multifamily housing project means a project consisting of more than four dwelling units assisted1 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 under 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 7#b7 the term distressed property means a multifamily housing project that has deficiencies that cause the property to be at risk of physical obsolescence or economic non-viability2 7#c7 the term ,secretary means the ,secretary of ,housing and ,urban ,development2 and 7#d7 the term necessary physical improvements means capital improvements that the ,secretary determines are necessary to address the conditions making a property a distressed property or that rise to such a level that delaying physical improvements to the property would be detrimental to the longevity of the property as suitable housing for occupancy4 7d7 ,implementation ,the ,secretary shall have the authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 ,secretary of ,agriculture 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #d1cfj1jjj1jjj1 to remain available until expended1 for carrying out 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 authorized under sections #ead1 #eae1 and #eaf of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhe1 and #adhf771 subject to the terms and conditions in subsection 7b72 7#b7 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to provide grants under section #eba7;a77#b7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;a7a77#b77 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section #ejb7;c77#e77;,d7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;c77#e77;,d771 to provide continued assistance to households assisted pursuant to ,section #cbjc of the ,american ,rescue ,plan ,act of #bjba2 and 7#c7 #bdj1jjj1jjj1 to remain available until expended1 for the costs to the ,secretary 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 ,secretary shall provide direct loans and grants1 including the cost of modifying loans1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a71 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 ,secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring4 7c7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #dh1dfj1jjj1jjj 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 eligible expenses1 as determined by the ,secretary1 such as security deposit assistance and other costs related to the retention and support of participating owners2 7#b7 #bd1jjj1jjj1jjj 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 trafficking families2 7,b7 renewals of such tenant-based rental assistance2 and 7,c7 fees for the costs of administering tenant-based rental assistance and other eligible expenses1 as determined by the ,secretary1 such as security deposit assistance and other costs related to the retention and support of participating owners2 7#c7 #ejj1jjj1jjj for-- 7,a7 tenant protection vouchers for relocation and replacement of public housing units demolished or disposed of pursuant to section #ah of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgp7 as part of a public housing preservation or project-based replacement transaction using funds made available under this ,act2 7,b7 renewals of such tenant-based rental assistance2 and 7,c7 fees for the costs of administering tenant-based rental assistance and other eligible expenses1 as determined by the ,secretary1 such as security deposit assistance and other costs related to the retention and support of participating owners2 7#d7 #gej1jjj1jjj 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 #ejj1jjj1jjjj 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 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 #gej1jjj1jjj 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 #dj1jjj1jjj 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 agencies1 except that the ,secretary may use not more than #aj percent of the amount made available under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance4 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 that includes 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 or revoke and redistribute any unleased vouchers and associated funds1 including administrative fees and other expenses referred to in subsections 7a77#c7 and 7a77#d71 to other public housing agencies4 7#d7 ,prohibition of use under ,moving to ,work ,program ,public housing agencies designated as ,moving to ,work agencies shall be eligible for an allocation under this section1 but may only use such amounts for the activities listed in subsections 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 7c7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #ad1gfj1jjj1jjj 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 ,act71 subject to the terms and conditions of subsection 7b7 of this section2 7#b7 #dj1jjj1jjj 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 #bjj1jjj1jjj 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 and other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 and the ,secretary may transfer and merge amounts appropriated under this subparagraph to section #djcja4 ,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 may use various mechanisms1 alone or in combination1 to award grants with amounts made available under this section1 including-- 7,a7 using 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 ,secretary2 7,b7 selecting proposals submitted through ,,fha loan applications that meet specified criteria2 7,c7 delegating to ,states and territories 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 ,secretary2 and 7,d7 using any other means that the ,secretary determines to be reasonable to accomplish the purposes of this section4 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 section #h of the ,act 7#db ,u4,s4,c4 #adcg;f7 or regulation that the ,secretary administers that is applicable to such statute other than requirements related to tenant rights and protections1 rent setting1 fair housing1 nondiscrimination1 labor standards1 and the environment1 upon a finding that the waiver or alternative requirement is necessary to expedite or facilitate the use of amounts made available under this section4 7d7 ,implementation ,the ,secretary shall have the authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #ghd1cge1jjj for grants under title ,i of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7in this section referred to as ,,nahasda7 7#be ,u4,s4,c4 #daja et seq47 1 and the ,secretary shall distribute such amount according to the same funding formula used in fiscal year #bjba2 7#b7 #g1jjj1jjj for grants under title ,,viii of ,,nahasda 7#be ,u4,s4,c4 #dbba et seq472 7#c7 #ghd1cge1jjj for competitive grants to eligible recipients authorized under title ,i of ,,nahasda 7#be ,u4,s4,c4 #daaa et seq471 which may be used for-- 7,a7 new construction and rehabilitation of affordable housing2 7,b7 improving water or energy efficiency or increasing resilience to natural hazards for housing assisted by amounts made available under this subsection2 or 7,c7 7 other eligible affordable housing activities under ,,nahasda2 7#d7 #ccd1bej1jjj for-- 7,a7 competitive single-purpose ,indian community development block grants for ,indian tribes under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq472 and 7,b7 imminent threat grants under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 for ,indian tribes1 or a tribal organization1 governmental entity1 or nonprofit organization designated by the ,indian tribe to apply for a grant on its behalf1 which may be used to-- 7i7 address environmental threats1 including long-term environmental threats2 7ii7 assist ,indian tribes with relocating a portion of or entire communities due to changes to the local environment2 or 7iii7 assist ,indian tribes with addressing other threats to health and safety2 7#e7 #ej1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and ,native ,american programs generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this ,act1 and other costs2 and 7#f7 #dj1jjj1jjj to make new awards or increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance to grantees2 and the ,secretary may use not more than #aj percent of the amount under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,grantee eligibility ,notwithstanding any other provision of this section1 of ,,nahasda 7#be ,u4,s4,c4 #daja et seq471 or of the provisions of title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq7 applicable to the ,indian community development block grant program1 an ,indian tribe shall be ineligible to receive grants with amounts made available under this section if the ,secretary determines that the ,indian tribe is not in compliance with obligations under its #ahff treaty with the ,united ,states as it relates to the inclusion of persons who are lineal descendants of ,freedmen as having the rights of the citizens of such tribes1 unless a ,federal court has issued a final order that determines the treaty obligations with respect to including ,freedmen as citizens4 ,for purposes of this subsection1 a court order is not considered final if time remains for an appeal or application for discretionary review with respect to the order4 7c7 ,preliminary funding 7#a7 ,use of imminent threat grant amounts ,of any amounts made available in subsection 7a77#d77;,b71 and in consultation with the ,department of the ,interior1 the ,secretary may award preliminary grants of up to #b1jjj1jjj each to applicants that have applied for a grant under subsection 7a77#d77;,b7 before making a final determination as to whether to award a grant under subsection 7a77#d77;,b7 to such applicant4 7#b7 ,need and capacity ,prior to awarding a preliminary grant under this subsection1 the ,secretary must determine1 based on a preliminary assessment of need and administrative capacity1 that the applicant is likely able to carry out the grant successfully but would need additional administrative and planning resources to develop a comprehensive implementation plan and additional administrative capacity in order to successfully administer a grant under subsection 7a77#d77;,b74 7#c7 ,eligible activities ,such preliminary grants shall be used for eligible program activities1 as defined by the ,secretary1 that the ,secretary determines will allow the applicant to successfully implement the grant4 7#d7 ,inapplicability ,such preliminary grants are not subject to administrative and planning caps4 7#e7 ,funding determinations ,the determination of whether to award a final grant under subsection 7a77#d77;,b7 to an applicant after preliminary funding was granted to an applicant shall not be subject to review4 7d7 ,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 may be used to fund grants under paragraph 7#c7 or 7#d7 of subsection 7a74 7e7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of ,,nahasda 7#be ,u4,s4,c4 #daja et seq471 title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq71 or regulation that the ,secretary administers that is applicable to such statutes other than requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment1 upon a finding that the waiver or alternative requirement is necessary to expedite or facilitate the use of amounts made available under this section4 7f7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 ,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 #f1fjj1jjj1jjj for grants to grantees under section #ajf of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4#ecjf7 under the community development block grant program under title ,i of such ,act1 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 #a1jjj1jjj1jjj for assistance to community development block grant grantees1 as determined by the ,secretary1 under section #ajf of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf71 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 under the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 to eligible recipients under subsection 7d7 of this section for manufactured housing infrastructure improvements in eligible manufactured home communities2 7#d7 #cjj1jjj1jjj 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 fair housing compliance1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 and the ,secretary may transfer and merge amounts set aside under this paragraph to section #djcja2 and 7#e7 #ajj1jjj1jjj 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 title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #db ,u4,s4,c4 #abgba et seq474 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#d7 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 only 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-- 7,a7 is critically needed to protect the health and safety of the residents of the manufactured housing community and the long-term sustainability of the community2 7,b7 can be commenced expeditiously assisted by a grant under this subsection2 and 7,c7 includes activities-- 7i7 eligible under the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq472 7ii7 to facilitate installation1 including foundation construction for new manufactured homes1 as defined in section #fjc of the ,national ,manufactured ,construction and ,safety ,standards ,act of #aigd 7#db ,u4,s4,c4 #edjb7 and regulated under associated regulations1 and previously sold certified manufactured homes2 or 7iii7 to mitigate flood risk4 7#c7 ,criteria ,the ,secretary shall prioritize awards under this section by the extent to which the project will assist low-income families and preserve long-term housing affordability for residents of an eligible manufactured home 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 7#db ,u4,s4,c4 #ecja et seq47 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 necessary to expedite or 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 and lack of decent1 safe1 sanitary housing1 and 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 meets the affordable housing safe harbor requirements of the ,internal ,revenue ,service under section #fja4bja of title #bf1 ,code of ,federal ,regulations2 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 the ,secretary otherwise determines is subject to such binding agreements as are necessary to ensure that the manufactured housing community will be maintained as such a community1 and affordable for low-income families 7as such term is defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd771 on a long-term basis4 7#c7 ,eligible recipient ,the term eligible recipient means a partnership of-- 7,a7 a grantee under section #ajf of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4#ecjf72 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 regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #f1dcj1jjj1jjj 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 units1 and common areas servicing such units1 where low-income families reside or are expected to reside that is not public housing1 housing assisted by 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 nor housing assisted under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7 or section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 7#b7 #ejj1jjj1jjj for grants to ,state or local governments 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 title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhea et seq47 but are not public housing1 housing assisted by 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 nor housing assisted under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7 or section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 7#c7 #b1jjj1jjj1jjj 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 ,act for the activities in subsection 7c71 except subsection 7c77#b71 in target housing units receiving such assistance and common areas servicing such units2 7#d7 #haj1jjj1jjj for costs related to training and technical assistance to support identification and mitigation of lead and housing-related health and safety hazards1 research1 and evaluation related to activities under this section2 and 7#e7 #bfj1jjj1jjj 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 ,act1 and other costs2 the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,terms and conditions 7#a7 ,income eligibility determinations ,notwithstanding any inconsistent requirements1 the ,secretary may make income determinations of eligibility for enrollment of housing units for grants awarded under-- 7,a7 subsection 7a77#a7 using criteria under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq471 title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgja et seq471 section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhea et seq471 section #bfje of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd71 or section #bjdd of title #ch1 ,united ,states ,code1 as determined appropriate by the ,secretary2 7,b7 subsection 7a77#b7 using criteria under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7 or title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhea et seq474 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-- 7#a7 abatement of lead-based paint in target housing2 7#b7 interim controls of lead-based paint hazards in target housing2 7#c7 lead-based paint inspections2 7#d7 lead risk assessments2 7#e7 lead hazard control clearance examinations2 7#f7 testing for housing-related health and safety hazards2 7#g7 mitigation of housing-related health and safety hazards1 including lead faucets1 fixtures1 and interior lines2 7#h7 technical assistance2 7#i7 providing work practices training to local residents2 7#aj7 outreach and engagement with community stakeholders1 including stakeholders in disadvantaged communities2 7#aa7 capacity building2 7#ab7 program evaluation and research2 7#ac7 environmental reviews2 or 7#ad7 activities that directly or indirectly support the work under this section1 as applicable1 that without which such activities could not be conducted4 7d7 ,environmental review ,for purposes of environmental review pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other provisions of law that further the purposes of such ,act1 a grant under subsection 7a7 of this section shall be considered funds for a special project for purposes of section #cje7;c7 of the ,multifamily ,housing ,property ,disposition ,reform ,act of #aiid 7#db ,u4,s4,c4 #cedg71 provided that references in such section #cje7;c7 to ,state or unit of general local government shall be deemed to include ,indian tribes4 7e7 ,definitions ,for purposes of this section1 the following definitions1 and definitions in section #ajjd of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dhea;b71 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 family0 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 ,tribally designated housing entity2 ,indian tribe ,the terms tribally designated housing entity and ,indian tribe have the same meaning given such terms in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7#d7 ,unit of general local government ,the term unit of general local government has the same meaning given such term in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7f7 ,implementation ,the ,secretary shall have the authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 #d1bfj1jjj1jjj for awarding planning grants under this section to develop and evaluate housing policy plans and substantially improve housing strategies2 7#b7 #bj1jjj1jjj for research and evaluation related to housing policy planning and other associated costs2 7#c7 #gj1jjj1jjj to provide technical assistance to grantees or applicants for grants made available by this section2 and 7#d7 #aej1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section1 including information technology1 financial reporting1 research and evaluations1 fair housing compliance1 and other cross-program costs in support of programs administered by the ,secretary in this title2 the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja4 ,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 policy plans and substantially improve housing strategies2 7#b7 streamlining regulatory requirements and shorten processes1 reform zoning codes1 or other initiatives that reduce barriers to housing supply elasticity and affordability2 7#c7 developing and evaluating local or regional plans for urban development to substantially improve urban 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 finance planning activities1 including engagement with community stakeholders and housing practitioners1 to-- 7,a7 develop housing policy plans2 7,b7 substantially improve ,state or local housing strategies2 7,c7 develop new regulatory requirements and processes1 reform zoning codes1 or undertake other initiatives to reduce barriers to housing supply elasticity and affordability2 7,d7 develop local or regional plans for urban development2 and 7,e7 substantially improve urban 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 urban 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-- 7,a7 completed housing strategies and housing policy 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 policy plans2 7,b7 new regulatory requirements and processes1 reformed zoning codes1 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 urban development and any planning to increase availability and access to affordable housing1 access to public transportation and other sustainable or location-efficient urban 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 policy plan2 housing strategy 7,a7 ,housing policy plan ,the term housing policy 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 title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 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 title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 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 necessary to expedite or facilitate the use of amounts made available under this section4 7i7 ,implementation ,the ,secretary shall have the authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 ,program debt 7#a7 ,cancellation ,subject only to paragraphs 7#b7 and 7#c7 and notwithstanding any other provision of law1 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 #g #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 canceled1 the ,administrator and the ,national ,flood ,insurance ,fund are relieved of all liability to the ,secretary of the ,treasury under any such notes or other obligations1 including for any capitalized interest due under such notes or other obligations and any other fees and charges payable in connection with such notes and obligations1 and the total amount of notes and obligations issued by the ,administrator pursuant to such section shall be considered to be reduced by such amount for purposes of the limitation on such total amount under such section4 7#b7 ,use of savings ,effective on and after ,october #a1 #bjca1 the ,administrator of the ,federal ,emergency ,management ,agency shall use any savings accruing from the cancellation of debt under paragraph 7#a71 including any amounts of interest payments avoided from such cancellation1 only for deposit in and use under the ,national ,flood ,insurance ,reserve ,fund under section #acaj;,a of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag;,a74 7#c7 ,treatment of canceled debt ,the amount of the indebtedness canceled under paragraph 7#a7 may be treated as a public debt of the ,united ,states4 7b7 ,flood hazard mapping and risk analysis --,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 #c1jjj1jjj1jjj1 to remain available until expended1 for necessary expenses for flood hazard mapping and risk analysis1 which shall be in addition to1 and shall supplement-- 7#a7 amounts otherwise available for those purposes1 including amounts appropriated to the ,national ,flood ,insurance ,fund established under section #acaj of such ,act 7#db ,u4,s4,c4 #djag72 and 7#b7 any funds provided to the ,administrator by ,states and local governments under section #acfj7;f77#b7 of such ,act 7#db ,u4,s4,c4 #daja7;f77#b774 7c7 ,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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out a means-tested program under which the ,administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered 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 7iv7 ,any other factor that the ,administrator finds reasonable and necessary to carry out the purposes of this subsection 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 7i74 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 means1 with respect to a covered property for a year-- 7i7 risk premiums and fees estimated under section #acjg of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djad7 and charged under section #acjh of such ,act 7#db ,u4,s4,c4 #djae72 7ii7 surcharges assessed under sections #acjd and #acjh;,a of such ,act 7#db ,u4,s4,c4 #djaa1 #djae;a72 and 7iii7 any amount established under section #acaj;,a7c7 of such ,act 7#db ,u4,s4,c4 #djag;a74 #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 appropriated-- 7#a7 #e1gjj1jjj1jjj for awards of planning and implementation grants to eligible recipients to carry out community-led projects to stabilize neighborhoods and increase access to economic opportunity for residents by creating equitable civic infrastructure and creating or preserving affordable1 accessible housing2 7#b7 #ejj1jjj1jjj for awards of grants 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 #a1jjj1jjj1jjj for the ,secretary to provide technical assistance1 capacity building1 program support to applicants1 potential applicants1 and recipients of amounts appropriated for grants under this section2 and 7#d7 #cjj1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section1 including information technology1 financial reporting1 research and evaluations1 fair housing compliance1 and other cross-program costs in support of programs administered by the ,secretary in this title2 the ,secretary may transfer and merge amounts appropriated under this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 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 title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 for community-led projects that create civic infrastructure to support a community's social1 economic1 and civic fabric1 create fair1 affordable and accessible housing opportunities1 prevent residential displacement1 acquire and remediate blighted properties1 and promote quality job creation and retention4 7c7 ,grants 7#a7 ,geographical areas ,the ,secretary shall award grants from the ,fund to eligible recipients within geographical areas at the neighborhood1 county1 census tract1 or census tract level1 including census tracts adjacent to the project area that are areas in need of investment1 and that have at least two of the following indicators3 7,a7 ,dwelling unit sales prices that are lower than the cost to acquire and rehabilitate1 or build1 a new dwelling unit4 7,b7 ,high proportions of residential and commercial properties that are vacant due to foreclosure1 eviction1 abandonment1 or other causes4 7,c7 ,low rates of homeownership4 7,d7 ,disparities in racial and ethnic homeownership rates4 7,e7 ,high and persistent rates of poverty4 7,f7 ,high rates of unemployment and underemployment4 7,g7 ,population at risk of displacement due to rising housing costs4 7,h7 ,historic population loss4 7,i7 ,lack of private sector lending on fair and competitive terms for individuals to purchase homes or start small businesses4 7,j7 ,other indicators of economic distress4 7d7 ,eligible recipients and applicants 7#a7 ,eligible recipient ,an eligible recipient of a grant under subsection 7b77#a7 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 grant under subsection 7b77#b7 shall be a lead applicant with the ability to administer the grant1 including a regional or national nonprofit1 that may include a joint applicant4 7#b7 ,lead applicant ,an eligible lead applicant for a grant awarded under this section shall be-- 7,a7 7i7 a nonprofit organization that-- 7,i7 demonstrates a commitment to anti-displacement efforts and has expertise in community planning1 engagement1 organizing1 housing and community development1 or neighborhood revitalization2 and 7,,ii7 is located within or serves the geographical area of the project or that derives its mission and operational priorities from the needs of the geographical area of the project2 or 7ii7 if the geographical area of the project is located in any area where no such local nonprofit organization exists1 a national nonprofit organization with such expertise2 7,b7 a community development corporation1 that is located within or serves the geographical area of the project and can demonstrate a track record of making investments in the geographical area of the project1 and demonstrates a commitment to anti-displacement efforts2 7,c7 a community housing development organization1 defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd7 or a community-based development organization1 that is located within or serves the geographical area of the project and experienced in neighborhood revitalization1 community-based economic development1 housing development activities1 and demonstrates a commitment to anti-displacement efforts2 or 7,d7 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 #dgjb71 that is located within or serves the geographical area of the project1 demonstrates a commitment to anti-displacement efforts1 and has a track record of making investments in the geographic project area4 7#c7 ,joint applicants ,a joint applicant shall be a local1 regional or national entity that is-- 7,a7 an organization that qualifies as a lead applicant2 7,b7 a unit of general local government1 as defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb72 7,c7 an ,indian tribe1 as defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb72 7,d7 a nonprofit organization2 7,e7 a community development corporation2 7,f7 an anchor institution2 7,g7 a ,state housing finance agency 7as such term is defined in section #ajf7;h7 of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjax7h777 or a related ,state agency2 7,h7 a land bank2 7,i7 a 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,j7 a public housing agency 7as such term is defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b7772 7,k7 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 #dgjb72 or 7,l7 a philanthropic organization4 7e7 ,eligible uses 7#a7 ,in general ,grants awarded under this section may be used to support civic infrastructure and housing-related activities4 ,projects must include at least one civic infrastructure and at least one housing-related activity4 7#b7 ,planning grants ,planning grants awarded under this section may be used for civic infrastructure and housing-related activities1 including-- 7,a7 fair housing planning1 to affirmatively further fair housing2 7,b7 planning to prevent displacement especially of extremely-low1 very-low1 low- and moderate-income homeowners1 renters1 and people experiencing homelessness2 7,c7 community planning and outreach2 7,d7 neighborhood engagement with resident leaders and community groups2 7,e7 pre-development activities2 7,f7 community engagement processes2 7,g7 market analysis2 7,h7 financial planning and feasibility2 and 7,i7 site surveys4 7#c7 ,implementation grants ,implementation grants awarded under this section may be used for activities eligible under 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#d7 ,community ,land ,trust grants ,an eligible recipient of a community land trust grant awarded under this section may use such grant for activities to support civic infrastructure1 including the production1 acquisition1 and rehabilitation of housing for use in a community land trust or shared equity homeownership program1 and expanding the capacity of the recipient to carry out the grant4 7#e7 ,costs of grantees ,up to #bj percent of a recipient's grant may be used for administrative costs4 7f7 ,rules of construction ,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 title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 7g7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 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 necessary to expedite or facilitate the use of amounts made available under this section4 7h7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,anchor institution ,the term anchor institution means a school1 a library1 a healthcare provider1 a community college or other institution of higher education1 museum or cultural institution1 or another community support organization or entity4 7#b7 ,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#c7 ,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#d7 ,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 legal 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 #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 #ggj1jjj1jjj 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 #bcj1jjj1jjj 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 ,the ,secretary may transfer and merge amounts set aside under this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djajg4 ,intergovernmental 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 #ahd1jjj1jjj 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 the ,secretary may transfer and merge amounts appropriated by this paragraph to section #djcja2 and 7#b7 #ff1jjj1jjj 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 costs2 the ,secretary may transfer and merge amounts appropriated by this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 ,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 established under subsection 7b7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #f1hbe1jjj1jjj for the ,first-,generation ,downpayment ,assistance ,fund under this section for allocation among ,states that the ,secretary of ,housing and ,urban ,development has not found to be out of compliance with the obligation to affirmatively further fair housing1 in accordance with a formula established by the ,secretary1 which shall take into consideration adult population size excluding homeowners1 median area home prices1 and racial disparities in homeownership rates1 to carry out the eligible uses of the ,fund as described in subsection 7c72 7#b7 #b1bge1jjj1jjj for the ,first-,generation ,downpayment ,assistance ,program under this section for competitive grants to eligible entities that the ,secretary has not found to be out of compliance with the obligation to affirmatively further fair housing1 to carry out the eligible uses of the ,fund as described in subsection 7d72 7#c7 #ejj1jjj1jjj for the costs of providing housing counseling required under the ,first-,generation ,downpayment ,assistance ,program under subsection 7c77#a72 and 7#d7 #djj1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of the ,first-,generation ,downpayment ,assistance ,program1 including information technology1 financial reporting1 programmatic reporting1 ensuring fair housing and fair lending compliance1 research and evaluations1 technical assistance to recipients of amounts under this section1 and other cross-program costs in support to programs administered by the ,secretary in this ,act1 and other costs2 the ,secretary may transfer and merge accounts set aside under this clause to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 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 of funds ,if a ,state or eligible entity does not demonstrate the capacity to expend grant funds provided under this section1 the ,secretary shall reallocate the grant funds of such grantee among ,states and eligible entities that demonstrate to the ,secretary the capacity to expend such amounts and that are satisfactorily meeting the goals of this 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-- 7,a7 use such grants to provide assistance on behalf of a qualified homebuyer who has completed a program of housing counseling before entering into a sales purchase agreement1 as the ,secretary shall require1 provided through a housing counseling agency approved by the ,secretary for-- 7i7 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 7ii7 subsidies to make shared equity homes affordable to eligible homebuyers by discounting the price for which the home will be sold and to preserve the home's affordability for subsequent homebuyers2 and 7iii7 pre-occupancy home modifications that may be necessary to meet required property standards or accommodate qualified homebuyers or members of their household with disabilities2 7,b7 use not more than #aj percent of their grant allocation or award for administrative costs and training for carrying out the program of the ,state or eligible entity to provide assistance with such grant amounts1 as well as to develop the capacity to track and monitor program outcomes in consultation with community-based and nonprofit organizations that have as their mission to advance fair housing and fair lending2 and 7,c7 comply with the obligation to affirmatively further fair housing1 as defined by the ,secretary to implement section #hjh7;e77#e7 of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjh7;e77#e771 in any program or activity related to the use of such funds4 7#b7 ,amount and layering of assistance ,assistance under this section-- 7,a7 may be provided to or on behalf of any qualified homebuyer only once2 7,b7 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;,a77iii7 for disability related home modifications1 except that the ,secretary may increase such maximum limitation amounts in the case of a qualified homebuyer who is economically disadvantaged2 and 7,c7 may be provided to or on behalf of a qualified homebuyer who is receiving assistance from other sources1 including other ,state1 ,federal1 local1 private1 public1 and nonprofit sources1 for acquisition of an eligible home4 7#c7 ,prohibition of priority ,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 applicable4 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 is 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 such as death or military deployment2 a financial hardship1 such as a significant reduction in income1 or increase in medical expenses2 relocation for a reason related to domestic violence1 dating violence1 sexual assault1 or stalking1 as defined in the ,secretary's regulations implementing the ,violence ,against ,women ,act2 or relocation for a reason related to the homebuyer or a member of the household's disabilities2 or another hardships based on criteria established by the ,secretary1 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 ,community land trusts and shared equity homeownership programs ,if assistance from grant amounts under this section is provided in connection with an eligible home made available through a community land trust or shared equity homeownership program1 such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer4 7#f7 ,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#f7 and no ,state1 eligible entity1 or creditor shall be subject to liability1 including monetary penalties or requirements to indemnify a ,federal agency or repurchase a loan that has been sold or securitized1 based on the provision of assistance under this section to or on behalf of a borrower who does not meet the eligibility requirements under such subparagraphs if the creditor does so in good faith reliance on borrower attestations of eligibility required under such subparagraphs4 7#g7 ,reporting ,the ,secretary may require the reporting of such information on the use of grants provided from the ,fund as the ,secretary may require to carry out this subsection4 7e7 ,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 government1 agencies or instrumentalities thereof1 that-- 7,a7 use a ground lease or deed covenant with an affordability period of at least #cj years to-- 7i7 make homeownership units affordable to households2 and 7ii7 stipulate a preemptive option to purchase the affordable 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 ,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 low-income and socially disadvantaged populations and provides services in neighborhoods having high concentrations of minority1 low-income and socially disadvantaged populations2 and 7,c7 any other nonprofit1 mission-driven entity that the ,secretary finds has a track record of providing assistance to homeowners1 targets services to low-income and socially disadvantaged populations1 and provides services in neighborhoods having high concentrations of minority1 low-income1 or socially disadvantaged populations4 7#c7 ,eligible home ,the term eligible home means a residential dwelling1 including a unit in a condominium or cooperative project or a manufactured housing unit1 that-- 7,a7 consists of #a to #d dwelling units2 and 7,b7 will be occupied by the qualified homebuyer1 in accordance with such assurances and commitments as the ,secretary shall require1 as the primary residence of the homebuyer4 7#d7 ,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 under title ,v of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga et seq472 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#e7 ,first generation homebuyer ,the term first-generation homebuyer means a homebuyer that is1 as attested by the homebuyer-- 7,a7 an individual-- 7i7 whose living parents or legal guardians do not1 to the best of the individual's knowledge1 have any present fee simple ownership interest in a principal residence in any ,state1 excluding ownership of heir property2 7ii7 who1 if no parents or legal guardians are living upon acquisition of the eligible home to be acquired using such assistance1 to the best of the individual's knowledge1 their parents or legal guardians did not have any ownership interest in a principal residence in any ,state at the time of their death1 excluding ownership of heir property2 and 7iii7 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 principal residence in any ,state1 excluding ownership of heir property1 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 principal residence in any ,state1 excluding ownership of heir property1 whether such individuals are co-borrowers on the loan or not4 7#f7 ,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 at #db ,u4,s4,c4 #abgjd1 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#g7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#h7 ,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 legal 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#i7 ,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 7#aj7 ,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 7f7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djbjb4 ,wealth-building 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 appropriated-- 7#a7 #dhj1jjj1jjj to the ,secretary of ,housing and ,urban ,development for carrying out the program established under subsection 7b7 and programs of the ,federal ,housing ,administration and the ,government ,national ,mortgage ,association generally1 including information technology1 financial reporting1 other cross-program costs in support of programs administered by the ,secretary in this ,act1 other costs1 and for the cost of guaranteed loans and other obligations2 and 7#b7 #bj1jjj1jjj to the ,secretary of ,agriculture for carrying out the program established under subsection 7b7 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 ,act1 other costs1 and for the cost of guaranteed loans and other obligations4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,establishment of ,,lift ,,home ,,funds 7#a7 ,in general ,there is established in each ,loan ,guarantee ,agency a fund to be known as the ,,lift ,,home ,fund1 into which amounts appropriated under this section shall be deposited and which shall be used by each ,department for carrying out the purposes of this section4 7#b7 ,management of ,fund ,the ,,lift ,,home ,fund of each ,loan ,guarantee ,agency shall be administered and managed by the respective ,secretary1 who shall establish reasonable and prudent criteria for the management and operation of any amounts in the ,fund4 7c7 ,use of funds 7#a7 ,transfer of amounts to ,treasury ,such portions of the appropriation to the ,secretary of ,housing and ,urban ,development shall be transferred by the ,secretary of ,housing and ,urban ,development to the ,department of the ,treasury in an amount equal to1 as determined by the ,secretary of the ,treasury1 in consultation with the ,secretary of ,housing and ,urban ,development-- 7,a7 the amount the ,secretary of the ,treasury estimates to be necessary for the purchase of securities under the ,program during the period for which the funds are intended to be available2 7,b7 the difference between-- 7i7 the ,secretary of the ,treasury's receipts from the sale or other disposition of securities acquired under the ,program2 and 7ii7 the ,secretary of the ,treasury's costs in purchasing such securities2 and 7,c7 the ,department of the ,treasury's administrative expenses related to the ,program4 7#b7 ,credit subsidy ,such portion of the appropriation to each ,secretary as may be necessary may be used for the cost to the respective ,loan ,guarantee ,agency of guaranteed loans under this section4 ,such costs1 including the costs of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a74 7d7 ,establishment of the ,,lift ,,home program ,each ,secretary shall establish1 and carry out1 with respect to any mortgage with a case number issued on or before ,december #ca1 #bjbe1 that is subsequently insured or guaranteed by such ,secretary1 a program to make covered mortgage loans available to eligible homebuyers to purchase a single-family residence for use as their principal residence 7referred to in this section as the ,program71 under which-- 7#a7 the ,secretary of the ,treasury-- 7,a7 shall act as a purchaser1 on behalf of the ,secretary of ,housing and ,urban ,development1 of securities that are secured by covered mortgage loans2 7,b7 may designate financial institutions1 including banks1 savings associations1 trust companies1 security brokers or dealers1 asset managers1 investment advisers1 and other institutions and such institutions shall-- 7i7 perform all reasonable duties related to this section as a financial agent of the ,united ,states as may be required2 and 7ii7 be paid for such duties using appropriations available to the ,secretary of the ,treasury to reimburse financial institutions in their capacity as financial agents of the ,united ,states2 7,c7 may use the services of any agency or instrumentality of the ,united ,states or component thereof on a reimbursable basis1 and any such agency or instrumentality or component thereof is authorized to provide services as requested by the ,secretary using all authorities vested in or delegated to that agency1 instrumentality1 or component2 7,d7 may manage1 and exercise any rights received in connection with1 any financial instruments or assets purchased or acquired pursuant to the authorities granted under this section2 7,e7 may establish and use vehicles to purchase1 hold1 and sell financial instruments and other assets2 and 7,f7 may issue such regulations and other guidance as may be necessary or appropriate to carry out the authorities or purposes of this section2 7#b7 each ,secretary of a ,loan ,guarantee ,agency shall-- 7,a7 establish pricing terms for covered mortgage loans such that the covered mortgage loans carry a monthly mortgage payment of principal and interest that is not more than #aaj percent and not less than #ajj percent of the monthly payment of principal1 interest1 and periodic mortgage insurance premium or loan guarantee fee associated with a newly originated #cj-year mortgage loan with the same loan balance insured or guaranteed by the ,loan ,guarantee ,agency as determined by each ,secretary1 or such pricing terms as are determined by each ,secretary to be necessary to develop liquidity for securities backed by covered mortgage loans and expand ,program participation by eligible homebuyers2 and 7,b7 establish an outreach and counseling program to increase stakeholder awareness of the ,program2 and 7#c7 the ,secretary of ,housing and ,urban ,development shall-- 7,a7 in consultation with the ,secretary of ,treasury1 establish the pricing terms for the purchase of securities guaranteed by the ,association secured by covered mortgage loans such that the covered mortgage loans carry a monthly mortgage payment of principal and interest that is not more than #aaj percent and not less than #ajj percent of the monthly payment of principal1 interest1 and periodic mortgage insurance premium or loan guarantee fee associated with a newly originated #cj-year mortgage loan with the same loan balance insured or guaranteed by the ,loan ,guarantee ,agency1 or such pricing terms as are determined by the ,secretaries to be necessary to develop liquidity for securities backed by covered mortgage loans and expand ,program participation by eligible homebuyers2 7,b7 have the authority to designate mortgage bankers1 financial institutions1 including banks1 savings associations1 trust companies1 security brokers or dealers1 asset managers1 investment advisers1 and other institutions and such institutions shall-- 7i7 perform all reasonable duties related to this section as an agent of the ,united ,states as may be required2 and 7ii7 be paid for such duties using appropriations available under this section to the ,secretary of ,housing and ,urban ,development to reimburse these entities in their capacity as agents of the ,united ,states2 7,c7 have the authority to use the services of any agency or instrumentality of the ,united ,states or component thereof on a reimbursable basis1 and any such agency or instrumentality or component thereof is authorized to provide services as requested by the ,secretary of ,housing and ,urban ,development using all authorities vested in or delegated to that agency1 instrumentality1 or component2 7,d7 operate the ,program in coordination with the ,association1 the ,federal ,housing ,administration1 the ,rural ,housing ,service1 and the ,secretary of the ,treasury so as to demonstrate feasibility and workability to market participants1 including-- 7i7 originators and servicers of mortgages2 7ii7 issuers of mortgage-backed securities2 and 7iii7 investors2 and 7,e7 gain price discovery experience by instructing the ,secretary of the ,treasury1 following consultation with the ,secretary of ,treasury to sell acquired securities described in subparagraph 7,a7 as soon as practicable1 thereby hastening the development of liquidity for securities backed by covered mortgage loans4 7#c7 ,limitation on aggregate loan guarantee authority ,the aggregate original principal obligation of all covered mortgage loans under this section for each ,loan ,guarantee ,agency may not exceed #e1jjj1jjj1jjj4 7#d7 ,,gnma guarantee authority ,to carry out the purposes of this section1 the ,association may enter into new commitments to issue guarantees of securities based on or backed by mortgages insured under this section1 not exceeding #aj1jjj1jjj1jjj4 7#e7 ,,gnma guaranty fee ,to carry out the purposes of this section1 the ,association may 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 ,association ,the term ,association means the ,government ,national ,mortgage ,association4 7#b7 ,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 or guaranteed 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 #bjbe2 7ii7 is made for an original term of #bj years or for an original term determined by the ,secretary to be necessary to develop liquidity for securities backed by covered mortgage loans and expand ,program participation by eligible homebuyers2 7iii7 subject to subparagraph 7,c7 of this paragraph and notwithstanding section #bjc7;b77#b77;,c7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7;b77#b77;,c771 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 or for an original term determined by the ,secretary to be necessary to develop liquidity for securities backed by covered mortgage loans and expand ,program participation by eligible homebuyers2 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 of mortgage insurance premium requirement ,each ,secretary1 in consultation with the ,secretary of the ,treasury1 and notwithstanding section #ejb7;h77#h77;,a7 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 the mortgage insurance premium cap or loan guarantee fee cap under subparagraphs 7,a77iii7 and 7,b77ii7 with respect to covered mortgage loans insured or guaranteed by the ,loan ,guarantee ,agency of which that ,secretary is the head if necessary to protect the solvency of the associated insurance fund4 7#c7 ,department ,unless otherwise specified1 the term ,department means the ,department of ,housing and ,urban ,development or the ,department of ,agriculture1 as appropriate4 7#d7 ,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#f7 of this subsection2 and 7iii7 7iii7 is a first-generation homebuyer as defined in paragraph 7#e7 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#f7 of this subsection and a first-generation homebuyer as defined in paragraph 7#e7 of this subsection4 7#e7 ,first-generation homebuyer ,the term first-generation homebuyer means a homebuyer that1 as attested by the homebuyer1 is-- 7,a7 an individual-- 7i7 whose living parents or legal guardians do not1 to the best of the individual's knowledge1 have any present fee simple ownership interest in a principal residence in any ,state1 excluding ownership of heir property2 7ii7 if no parents or legal guardians are living upon acquisition of the eligible home to be acquired using such assistance1 to the best of the individual's knowledge1 whose parents or legal guardians did not have any ownership interest in a principal residence in any ,state at the time of their death1 excluding ownership of heir property2 and 7iii7 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 had any present ownership interest in a principal residence in any ,state1 excluding ownership of heir property1 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 principal residence in any ,state1 excluding ownership of heir property1 whether such individuals are co-borrowers on the loan or not4 7#f7 ,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 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#g7 ,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#h7 ,loan guarantee agency ,unless otherwise specified1 the term ,loan ,guarantee ,agency means the ,federal ,housing ,administration of the ,department of ,housing and ,urban ,development or the ,rural ,housing ,service of the ,department of ,agriculture1 as appropriate4 7#i7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,housing and ,urban ,development or the ,secretary of ,agriculture1 as appropriate4 7f7 ,reliance on borrower attestations ,no additional documentation beyond the borrower's attestation shall be required to demonstrate eligibility under paragraph 7#d7 of subsection 7e7 and no ,state1 eligible entity1 or creditor shall be subject to liability1 including monetary penalties or requirements to indemnify a ,federal agency or repurchase a loan that has been sold or securitized1 based on the provision of assistance under this section to a borrower who does not meet the eligibility requirements under paragraph 7#d7 of subsection 7e7 if the creditor does so in good faith reliance on borrower attestations of eligibility required under such paragraph4 7g7 ,implementation ,the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,agriculture1 and the ,secretary of ,treasury shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 appropriated-- 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 loans1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a72 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 lending compliance1 and other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 the ,secretary may transfer and merge amounts appropriated by this paragraph to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 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 by the ,secretary pursuant to title ,,ii of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agjg et seq471 or guaranteed by the ,secretary pursuant to section #ahd or #ahd;,a of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a1 #agaez-#ac;b74 7c7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 ,secretary of ,agriculture 7in this section referred to as the ,secretary71 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #gj1jjj1jjj for direct loans made under section #ejb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb72 7#b7 #ie1jjj1jjj for providing single family housing repair grants under section #ejd of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgd71 subject to the terms and conditions in subsection 7b7 of this section2 7#c7 #be1jjj1jjj for grants under section #ebc of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;c72 and 7#d7 #aj1jjj1jjj for administrative expenses of the ,secretary that in whole or in part support activities funded by this section and related activities4 ,amounts appropriated by this section shall remain available until expended4 7b7 ,terms and conditions 7#a7 ,eligibility ,eligibility for grants from amounts made available by subsection 7a77#b7 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 #djbje4 ,self-help homeownership opportunity program ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 to the ,secretary of ,housing and ,urban ,development-- 7#a7 #di1ejj1jjj for grants under section #aa of the ,housing ,opportunity ,program ,extension ,act of #aiif 7#db ,u4,s4,c4 #abhje note72 and 7#b7 #ejj1jjj for costs to the ,secretary of administering and overseeing the implementation of this section1 including information technology1 financial reporting1 research and evaluations1 fair lending compliance1 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 ,d ,,hud and ,community ,capacity ,building #djcja4 ,program administration1 training1 technical assistance1 capacity building1 and ,,usich 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 #a1ihe1jjj1jjj 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 #e1jjj1jjj to the ,united ,states ,interagency ,council on ,homelessness for necessary expenses in carrying out the functions of the ,council pursuant to title ,,ii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacaa et seq472 and 7#c7 #aj1jjj1jjj to the ,secretary of ,housing and ,urban ,development for necessary salaries and expenses of the ,office of the ,inspector ,general of the ,department of ,housing and ,urban ,development in carrying out the ,inspector ,general ,act of #aigh4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including 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 nonprofit organizations that can 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 seeking to undertake affordable housing development1 acquisition1 preservation1 or rehabilitation activities2 7,b7 provide grants or predevelopment assistance to community development corporations1 community housing development organizations1 and other mission-driven and nonprofit organizations seeking to undertake 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 fair housing compliance1 and other cross-program costs in support of programs administered by the ,secretary in this title and other costs2 the ,secretary may transfer and merge amounts set aside under this subsection to section #djcja4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,implementation ,the ,secretary shall have authority to issue such regulations or other notices1 guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 ,e ,economic ,development #djdja4 ,minority ,business ,development ,agency 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,minority ,business ,development ,agency for fiscal year #bjbb1 out of amounts in the ,treasury not otherwise appropriated-- 7#a7 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out subsection 7b77#a72 7#b7 #a1bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for carrying out subparagraphs 7,a71 7,b71 7,c71 7,d71 7,e71 7,f71 and 7,h7 of subsection 7b77#b72 7#c7 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out subparagraph 7,g7 of subsection 7b77#b72 7#d7 #a1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out subsection 7b77#c72 and 7#e7 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for administrative costs associated with carrying out subsection 7b77#c74 7b7 ,minority business development agency 7#a7 ,rural business centers ,the ,director of the ,minority ,business ,development ,agency may enter into agreements with one or more rural ,business ,centers of the ,agency that are operated by a minority-serving institution of higher education or by a consortium of institutions of higher education that is led by a minority-serving institution of higher education4 ,under such an agreement1 a rural ,business ,center shall provide assistance primarily to eligible business enterprises located within a rural area1 as defined by the ,director4 7#b7 ,other activities ,the ,director of the ,minority ,business ,development ,agency shall-- 7,a7 pay salaries and related costs for employees2 7,b7 pay for administrative and other costs to support initiatives that assist the formation1 growth1 and expansion of eligible business enterprises2 7,c7 establish and provide assistance to ,business ,centers and specialty ,business ,centers1 prioritizing for such establishment in ,states or regions that lack a ,business ,center and have a significant population of members of an underrepresented community2 7,d7 establish not fewer than #e regional offices1 in locations determined by the ,director2 7,e7 conduct an annual forum between the ,federal ,government and businesses to review existing programs and current challenges relating to capital formation by eligible business enterprises2 7,f7 establish a program to assist small1 underserved manufacturers in accessing private capital by accelerating technology adoption and providing training and support in supply chain integration2 7,g7 provide grants to minority-serving institutions of higher education to develop and implement entrepreneurship curricula2 and 7,h7 collect data and develop research and policies regarding the needs and development of eligible business enterprises4 7#c7 ,grants 7,a7 ,in general ,the ,director of the ,minority ,business ,development ,agency may provide grants to-- 7i7 a eligible business enterprise2 and 7ii7 an eligible nonprofit organization that will make subgrants to eligible business enterprises located in areas with significant populations of members of underrepresented communities4 7,b7 ,application ,in making grants and subgrants to eligible business enterprises and eligible nonprofit organizations under this section1 the ,director shall establish an application process and selection criteria1 which shall include-- 7i7 assurances that the eligible business enterprise and eligible nonprofit organization will use such grants and subgrants to address gaps in access to capital1 assist with startup costs1 or support business expansion2 7ii7 criteria for determining the size of grant or subgrant award for the eligible business enterprise and eligible nonprofit organization2 and 7iii7 other criteria as determined by the ,director4 7,c7 ,eligible nonprofit organizations ,an eligible nonprofit organization that receives a grant under this section shall1 when making a subgrant to an eligible business enterprise described under subparagraph 7,a77ii71 also use such grant to provide support to the eligible business enterprise in one or more of the following ways3 7i7 ,providing resources1 which may include physical workspace and facilities1 to startups and established eligible business enterprises4 7ii7 ,providing supports to accelerate the growth and success of eligible business enterprises through a variety of services1 including-- 7,i7 access to capital1 business education1 and counseling2 7,,ii7 networking opportunities2 7,,iii7 mentorship opportunities2 7,,iv7 advising on market analysis1 company strategy1 revenue1 growth1 commercialization1 and securing funding2 and 7,v7 other services intended to aid in developing eligible business enterprises4 7,d7 ,business identifiers ,in accepting applications for grants to eligible business enterprises or subgrants to eligible business enterprises under this subsection1 the ,director shall allow each grantee or subgrantee to use existing business identifiers of the subgrantee instead of other forms of registration or identification4 7,e7 ,eligible nonprofit organization ,in this paragraph1 the term eligible nonprofit organization means an organization that is described in paragraph 7#c7 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and that is exempt from taxation under section #eja7;a7 of such ,code for which a primary activity of the organization is to provide services or financial support to eligible business enterprises located in areas with significant populations of members of underrepresented communities4 7#d7 ,returning funds ,if an entity that receives a grant or assistance under this subsection fails to use all the funds or permanently ceases operations on or before ,september #cj1 #bjca1 the entity shall return the funds to the ,minority ,business ,development ,agency4 ,the ,minority ,business ,development ,agency shall return all such funds to the ,treasury if not expended by ,september #cj1 #bjca4 7#e7 ,penalties for failure to abide by terms or conditions of award ,at the discretion of the ,director and in addition to any other civil or criminal consequences1 the ,director shall withhold payments to an eligible applicant or order the eligible applicant to return any assistance provided under this section for failure to abide by the terms and conditions of such assistance4 7c7 ,definitions ,in this section3 7#a7 ,business center ,the term ,business ,center means any business center that-- 7,a7 is established by the ,minority ,business ,development ,agency2 and 7,b7 provides technical business assistance to minority business enterprises4 7#b7 ,eligible business enterprise ,the term eligible business enterprise means a business owned or controlled by one or more members of an underrepresented community4 7#c7 ,member of an underrepresented community ,the term member of an underrepresented community means an individual who is-- 7,a7 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;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a72 7,b7 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 #aiid 7#be ,u4,s4,c4 #eaca72 7,c7 an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7,d7 a veteran1 as defined in section #aja of title #ch1 ,united ,states ,code2 7,e7 an individual who completed a term of imprisonment2 7,f7 an ,afghan refugee1 including an individual who has received a ,special ,immigrant ,visa1 a ,p-#b classification1 or special parole status2 or 7,g7 an individual otherwise identified by the ,director4 7#d7 ,minority-serving institution of higher education ,the term minority-serving institution of higher education means-- 7,a7 an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a772 or 7,b7 a junior or community college1 as defined in section #cab of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh74 7#e7 ,specialty business center ,the term specialty ,business ,center means a ,business ,center that provides specialty services focusing on specific business needs1 including assistance relating to-- 7,a7 capital access2 7,b7 ,federal procurement2 7,c7 entrepreneurship2 7,d7 technology transfer2 or 7,e7 any other area determined necessary or appropriate based on the priorities of the ,director of the ,minority ,business ,development ,agency4 #djdjb4 ,manufacturing facility 7a7 ,in general ,the ,state ,small ,business ,credit ,initiative ,act of #bjaj 7#ab ,u4,s4,c4 #egja et seq47 is amended-- 7#a7 in section #cjjc-- 7,a7 in subsection 7b71 by adding at the end the following3 7#c7 #bjbb allocation 7,a7 ,in general ,not later than #cj days after the date of enactment of this paragraph1 the ,secretary shall allocate ,federal funds to participating ,states so that each ,state is eligible to receive an amount equal to what the ,state would receive under the #bjbb allocation1 as determined under subparagraph 7,b74 7,b7 #bjbb allocation formula 7i7 ,in general ,with respect to ,states1 the ,secretary shall determine the #bjbb allocation by allocating ,federal funds among the ,states based on the manufacturing job losses per ,state over the #cj-year period ending on the date of enactment of this paragraph4 7ii7 ,manufacturing job loss data ,if the ,secretary determines that manufacturing job loss data with respect to a ,state is unavailable from the ,bureau of ,labor ,statistics of the ,department of ,labor1 the ,secretary shall consider such other economic and employment data that is otherwise available for purposes of determining the employment data of such ,state4 2 and 7,b7 by adding at the end the following3 7g7 ,rules for the #bjbb allocation ,with respect to the #bjbb allocation3 7#a7 ,transfer of allocation ,the ,secretary shall transfer the full amount of each allocation to a ,state in a single transfer and shall complete such transfer before ,september #cj1 #bjbb4 7#b7 ,use of transferred funds ,states may use allocations of amounts appropriated for fiscal year #bjbb to carry out the ,program only-- 7,a7 for making ,federal contributions to1 or for the account of1 an approved ,state program1 for the purposes of1 as determined by the ,secretary of the ,treasury-- 7i7 maintaining the economic competitiveness of the ,united ,states2 7ii7 maintaining a strong manufacturing base in the ,united ,states1 including promoting advanced manufacturing technology and innovative technology2 7iii7 increasing the supply and innovation of factory-built housing for affordability1 accessibility1 efficiency1 and resilience2 or 7iv7 helping the ,united ,states transition to clean energy or clean manufacturing processes to combat climate change or to invest in innovation for climate change adapted production processes2 7,b7 as collateral for a qualifying loan or swap funding facility1 for the purposes described under subparagraph 7,a72 and 7,c7 for paying administrative costs incurred by the ,state in implementing an approved ,state program in an amount not to exceed #e percent of such ,state's allocation4 7#c7 ,special permission for certain municipalities ,section #cjjd7;d7 shall apply to the #bjbb allocation to the same extent as such provision applies to an allocation made under subsection 7d71 except that-- 7,a7 paragraph 7#a7 of section #cjjd7;d7 shall be applied by substituting #f months for #i months2 and 7,b7 paragraph 7#b7 of section #cjjd7;d7 shall be applied by substituting #i months for #ab months4 2 and 7#b7 in section #cjji7;c71 by striking #g-year period and inserting #aj-year period4 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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out the amendments made by subsection 7a74 7c7 ,rule of application ,the amendments made by this section shall apply with respect to funds appropriated on the date of enactment of this section4 ,v ,committee on ,homeland ,security #ejjja4 ,cybersecurity and ,infrastructure ,security ,agency ,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 remain available until ,september #cj1 #bjca-- 7#a7 #ej1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for support of the ,multi-,state ,information ,sharing and ,analysis ,center2 7#b7 #be1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for operating a cyber range2 7#c7 #be1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for the execution of a national multi-factor authentication campaign2 7#d7 #djj1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for the implementation of ,executive ,order #adjbh 7#hf ,fed4 ,reg4 #bffcc2 relating to improving the cybersecurity of the ,united ,states71 including the implementation of multi-factor authentication1 endpoint detection and response1 improved logging1 and securing cloud systems2 7#e7 #ej1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for expansion and operation of the ,crossfeed program2 7#f7 #ge1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for expansion and operation of the ,cyber,sentry program2 7#g7 #aj1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for performing activities in support of the development of the continuity of the economy plan required under section #ifjc7;a7 of title ,,xcvi of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #f ,u4,s4,c4 #cbb72 7#h7 #bj1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for expanding programs working with international partners on the protection of critical infrastructure2 7#i7 #ej1jjj1jjj to the ,cybersecurity and ,infrastructure ,agency for researching and developing means to secure operational technology1 including industrial control systems1 against cybersecurity vulnerabilities2 7#aj7 #ajj1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for cybersecurity workforce development and education1 including providing education1 training1 and capacity development1 including in collaboration with historically ,black colleges and universities1 other minority-serving institutions1 and community colleges1 and to the ,cybersecurity ,education and ,training ,program1 to be used for purposes that include-- 7,a7 cybersecurity training and upskilling veterans2 7,b7 implementing cybersecurity apprenticeships at the ,agency2 and 7,c7 cybersecurity programs for underserved communities1 as a focus for activities authorized under section #bbag of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ffe;f72 and 7#aa7 #fj1jjj1jjj to the ,cybersecurity and ,infrastructure ,security ,agency for enhancing the cloud architecture1 migration advisory services1 and cloud threat hunting capabilities of the ,agency4 ,,vi ,committee on the ,judiciary ,a ,immigration ,provisions #fjjja4 ,lawful permanent residence for certain entrants 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a the following3 #bde;,b4 ,adjustment of status of certain entrants 7a7 ,in general ,notwithstanding sections #bja1 #bjb1 #bjc1 and #bde7;c71 and subject to subsection 7c71 the ,secretary of ,homeland ,security shall adjust to the status of an alien lawfully admitted for permanent residence1 an alien described in subsection 7b71 if such alien-- 7#a7 submits an application for adjustment of status in accordance with procedures established by the ,secretary2 7#b7 in addition to any administrative processing fee1 pays a supplemental fee of #a1ejj2 and 7#c7 completes1 to the satisfaction of the ,secretary-- 7,a7 security and law enforcement background checks2 and 7,b7 a medical examination consistent with section #bba7;d74 7b7 ,aliens described ,an alien described in this subsection is an alien who-- 7#a7 7,a7 has been continuously physically present in the ,united ,states since ,january #a1 #bjba2 7,b7 was #ah years of age or younger on the date on which the alien entered the ,united ,states and has continuously resided in the ,united ,states since such entry2 and 7,c7 demonstrates-- 7i7 a record of honorable service in the ,uniformed ,services of the ,united ,states2 7ii7 attainment of1 or completion of not less than #b years1 in good standing1 of a program leading to-- 7,i7 a degree from a ,united ,states institution of higher education2 or 7,,ii7 a postsecondary credential from an area career and technical education school in the ,united ,states2 7iii7 during the #c-year period immediately preceding the date on which the alien submits an application for adjustment of status under this section1 a consistent record of earned income in the ,united ,states2 or 7iv7 7,i7 enrollment in a program described in clause 7ii72 and 7,,ii7 current employment or participation in an internship1 apprenticeship1 or similar training program2 7#b7 7,a7 has been continuously physically present in the ,united ,states since ,january #a1 #bjba2 and 7,b7 has demonstrated a consistent record of earned income in the ,united ,states in an occupation described in the guidance of the ,department of ,homeland ,security entitled ,advisory ,memorandum on ,ensuring ,essential ,critical ,infrastructure ,workers' ,ability to ,work ,during the ,,covid-#ai ,response1 issued on ,august #aj1 #bjba1 during the period beginning on ,january #ca1 #bjbj1 and ending on ,august #bd1 #bjba2 7#c7 7,a7 has been continuously physically present in the ,united ,states for not less than #c years2 and 7,b7 7i7 is a national of a foreign state 7or a part of a foreign state7 7or in the case of an alien having no nationality1 is a person who last habitually resided in such state7 with a designation under subsection 7b7 of section #bdd on ,january #a1 #bjag2 7ii7 notwithstanding paragraphs 7#a77;,a77iv7 and 7#c77;,c7 of subsection 7c7 of section #bdd1 had or was otherwise eligible for temporary protected status under section #bdd on that date2 and 7iii7 has not engaged in conduct since that date that would render the alien ineligible for temporary protected status under section #bdd7;c77#b72 or 7#d7 7,a7 has been continuously physically present in the ,united ,states for not less than #c years2 and 7,b7 7i7 was eligible for deferred enforced departure as of ,january #bj1 #bjba2 and 7ii7 has not engaged in conduct since that date that would render the alien ineligible for deferred enforced departure4 7c7 ,grounds of ineligibility 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 an alien seeking adjustment of status under this section shall demonstrate that the alien-- 7,a7 is not inadmissible under paragraph 7#b71 7#c71 7#f77;,e71 7#f77;,g71 7#h71 7#aj77;,a71 7#aj77;,c71 or 7#aj77;,d7 of section #bab7;a72 7,b7 has not ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 7,c7 has not been convicted of-- 7i7 any offense under ,federal or ,state law1 other than a ,state offense for which an essential element is the alien's immigration status1 that is punishable by a maximum term of imprisonment of more than #a year2 or 7ii7 #c or more offenses under ,federal or ,state law1 other than ,state offenses for which an essential element is the alien's immigration status1 for which the alien was convicted on different dates for each of the #c offenses and imprisoned for an aggregate of #ij days or more2 and 7,d7 has registered under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 #chja et seq471 if the alien is subject to registration under that ,act4 7#b7 ,waiver ,with respect to any benefit under this section1 the ,secretary of ,homeland ,security may waive the grounds of inadmissibility under paragraph 7#b71 7#f77;,e71 7#f77;,g71 or 7#aj77;,d7 of section #bab7;a7-- 7,a7 for humanitarian purposes or family unity2 or 7,b7 if a waiver is otherwise in the public interest4 7#c7 ,treatment of expunged convictions ,for purposes of paragraph 7#a71 the ,secretary-- 7,a7 may not automatically treat an expunged conviction as a conviction2 and 7,b7 shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the underlying offense to determine whether1 under the circumstances1 the alien should be eligible for adjustment of status4 7d7 ,limitation on removal 7#a7 ,in general ,with respect to an alien who is in removal proceedings or subject to a final order of removal or an order of voluntary departure1 the ,secretary of ,homeland ,security shall provide the alien with a reasonable opportunity to apply for relief under this section if the alien-- 7,a7 requests an opportunity to so apply2 or 7,b7 appears to be prima facie eligible for such relief4 7#b7 ,stay of removal for certain children ,the ,secretary of ,homeland ,security shall stay the removal of an alien who-- 7,a7 meets the requirements of subparagraphs 7,a7 and 7,b7 of subsection 7b77#a72 7,b7 subject to paragraphs 7#b7 and 7#c7 of subsection 7c71 is not subject to a ground of ineligibility under paragraph 7#a7 of such subsection2 and 7,c7 is enrolled in-- 7i7 an early childhood education program2 7ii7 an elementary school2 7iii7 a secondary school2 or 7iv7 an education program assisting students in obtaining a high school diploma or its equivalent4 7e7 ,effective date ,the section shall take effect on the earlier of-- 7#a7 the date that is #ahj days after the date of the enactment of this section2 or 7#b7 ,may #a1 #bjbb4 4 7b7 ,conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to #bde;,a the following3 ,sec4 #bde;,b4 ,adjustment of status of certain entrants4 4 #fjjjb4 ,recapture of unused immigrant visa numbers 7a7 ,recapture of unused immigrant visa numbers 7#a7 ,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 7#b7 ,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 section 7a77#c71 the ,secretary of ,homeland ,security may accept for filing1 an application for adjustment of status from an alien 7and the spouse and children of such alien7 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 ,state shall exempt an alien 7and the spouse and children of such alien7 from the numerical limitations described in sections #bja1 #bjb1 and #bjc and the ,secretary of ,homeland ,security may adjust the status of such alien 7and the spouse and children of such alien7 to lawful permanent resident 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 a waiver of 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 a waiver of 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 a waiver of 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 a waiver 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 supplemental fees described in subsection 7b7 of this section1 and in sections #bde;,b7a77#b7 and #bde7n7 of the ,immigration and ,nationality ,act1 as added by this subtitle1 shall be deposited in the general fund of the ,treasury of the ,united ,states4 7b7 ,supplemental petition fee ,section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77 is amended-- 7#a7 in subparagraph 7,a77i71 by adding at the end the following3 ,a petition for classification by reason of a relationship described in paragraph 7#a71 7#c71 or 7#d7 of section #bjc7;a7 shall be accompanied by a supplemental fee in the amount of #ajj42 7#b7 in subparagraph 7,b77i77,i71 by adding at the end the following3 ,such petition shall be accompanied by a supplemental fee in the amount of #ajj42 7#c7 in subparagraph 7,e71 by adding at the end the following3 ,such petition shall be accompanied by a supplemental fee in the amount of #hjj42 7#d7 in subparagraph 7,f71 by adding at the end the following3 ,such petition shall be accompanied by a supplemental fee in the amount of #hjj42 and 7#e7 in subparagraph 7,h71 by adding at the end the following3 ,such petition shall be accompanied by a supplemental fee in the amount of #ae1jjj44 #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 efficiently adjudicate applications described in sections #bde;,b and #bde7n7 of the ,immigration and ,nationality ,act1 as added by sections #fjjja and #fjjjc of this ,act1 respectively1 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 ,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 7c7 ,expenditure requirement ,all expenditures made pursuant to subsection 7a7 shall be made on or before ,september #cj1 #bjca4 ,,vii ,committee on ,natural ,resources ,a ,bureau of ,indian ,affairs and ,indian ,health ,service #gjaja4 ,tribal consultation ,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 #cj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the purposes of conducting consultation with ,tribal ,governments4 #gjajb4 ,bureau of ,indian ,affairs 7a7 ,,bia road maintenance ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac2 commonly known as the ,snyder ,act7 for ,bureau of ,indian ,affairs road maintenance and to address the deferred maintenance backlog1 of which no more than #b percent shall be used for administrative costs to carry out this subsection4 7b7 ,,bia public safety ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac2 commonly known as the ,snyder ,act7 for ,bureau of ,indian ,affairs ,public ,safety and ,justice1 of which no more than #b percent shall be used for administrative costs to carry out this subsection4 7c7 ,,bia climate resilience ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac2 commonly known as the ,snyder ,act7 for ,tribal climate resilience and adaptation programs1 of which no more than #b percent shall be used for administrative costs to carry out this subsection4 7d7 ,tribal housing ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac2 commonly known as the ,snyder ,act7 to improve ,tribal housing1 of which no more than #b percent shall be used for administrative costs to carry out this subsection4 7e7 ,tribal energy ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac2 commonly known as the ,snyder ,act7 for ,tribal energy programs1 of which no more than #b percent shall be used for administrative costs to carry out this subsection4 7f7 ,small and needy program ,funds made available under this section shall be excluded from the calculation of funds received by those ,tribal ,governments that participate in the ,small and ,needy program4 7g7 ,one-,time basis funds ,funds made available under this section to ,tribes and ,tribal organizations under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja7 shall be available on a one-time basis4 ,such nonrecurring funds shall not be part of the amount required by section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe71 and such funds shall only be used for the purposes identified in this section4 #gjajc4 ,indian ,health ,service 7a7 ,,ihs information technology ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #adj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for ,indian ,health ,service electronic records 7#be ,u4,s4,c4 #affj;h71 telehealth1 system modernization1 and information technology infrastructure4 7b7 ,urban ,indian health ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #db1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for the ,urban ,indian ,health program for renovations1 construction1 expansion of facilities1 including leased facilities1 which shall be in addition to other amounts made available for ,urban ,indian organizations 7as defined in section #d of the ,indian ,health ,care ,improvement ,act #be ,u4,s4,c4 #afjc77 under this subsection4 7c7 ,,ihs facilities maintenance ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #faj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for maintenance and improvement of ,indian ,health ,service and ,tribal facilities4 7d7 ,green infrastructure ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for sustainability features for existing facilities4 7e7 ,inpatient and community health facilities ,in addition to amounts otherwise available1 there is appropriated to 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 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for ,inpatient and ,community ,health ,facilities ,design1 ,construction1 in accordance with #be ,u4,s4,c4 #affe;h4 7f7 ,medical equipment ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for maintaining1 upgrading1 and replacing medical equipment for ,,ihs and ,tribal facilities4 7g7 ,small ambulatory construction ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for the small ambulatory construction program4 7h7 ,personnel quarters construction ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bgh1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act1 with respect to the ,indian ,health ,service1 for personnel quarters construction4 7i7 ,,ihs priority health care facilities ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for projects identified through the health care facility priority system established and maintained pursuant to section #cja7;c7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afca7;c774 7j7 ,facilities support ,in addition to amounts otherwise available1 there is appropriated to the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #agj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for environmental health and facilities support activities of the ,indian ,health ,service4 7k7 ,nonrecurring funds ,funds made available under this section to ,tribes and ,tribal organizations under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 shall be available on a one-time basis4 ,such nonrecurring funds shall not be part of the amount required by section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe71 and such funds shall only be used for the purposes identified in this section4 ,b ,subcommittee on ,national ,parks1 ,forests1 and ,public ,lands #gjbja4 ,oak flat withdrawal 7a7 ,definitions ,in this section3 7#a7 ,disposal ,the term disposal means that the lands identified are not available under the proceedings outlined under section #bjc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agac74 7#b7 ,entry ,the term entry has the meaning as it is used under section #ajc7;j7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7;j771 in its application to lands under the jurisdiction of the ,secretary4 7#c7 ,location ,the term location has the meaning as it is used under section #bcbj of the ,revised ,statutes 7#cj ,u4,s4,c4 #bc71 in its application to lands under the jurisdiction of the ,secretary2 7#d7 ,oak flat withdrawal area the term ,oak ,flat means the approximately #b1dbb acres of ,forest ,system land in the ,tonto ,national ,forest in southeastern ,arizona commonly known as ,oak ,flat and generally depicted as ,oak ,flat ,withdrawal ,area on the map titled ,oak ,flat ,withdrawal and dated ,june #ae1 #bjba4 7#e7 ,patent ,the term patent has the meaning as it is used under section #bcbe of the ,revised ,statutes 7#cj ,u4,s4,c4 #bi71 in its application to lands under the jurisdiction of the ,secretary4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,repeal ,section #cjjc of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#af ,u4,s4,c4 #ecip7 is repealed4 7c7 ,withdrawal ,subject to valid rights in existence on the date of the enactment of this section1 ,oak ,flat is withdrawn from all forms of disposal1 location1 entry1 and patent4 #gjbjb4 ,civilian climate corps 7a7 ,national ,park ,service ,civilian ,climate ,corps 7#a7 ,definitions ,with regard to this subsection3 7,a7 ,conservation project ,the term conservation project means a project for the conservation1 restoration1 construction1 or rehabilitation of natural1 cultural1 historic1 archaeological1 recreational1 or scenic resources4 7,b7 ,corps program ,the term corps program means a program established by a ,federal1 ,state1 ,tribal1 or local government1 or nonprofit organization that performs conservation projects on ,public ,lands4 7,c7 ,public lands ,the term ,public ,lands means lands administered by the ,national ,park ,service4 7#b7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,national ,park ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1gjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out education and job training projects and conservation projects on ,public ,lands1 including through the use of direct expenditure1 contracts1 grants1 and cooperative agreements with corps programs4 7#c7 ,administrative expenses ,of the funds provided by this subsection1 no more than #b percent shall be used for administrative costs to carry out this section4 7b7 ,bureau of ,land ,management ,civilian ,climate ,corps 7#a7 ,definitions ,with regard to this subsection3 7,a7 ,conservation project ,the term conservation project means a project for the conservation1 restoration1 construction1 or rehabilitation of natural1 cultural1 historic1 archaeological1 recreational1 or scenic resources4 7,b7 ,corps program ,the term corps program means a program established by a ,federal1 ,state1 ,tribal1 or local government1 or nonprofit organization that performs conservation projects on ,public ,lands4 7,c7 ,public lands ,the term ,public ,lands means lands administered by the ,bureau of ,land ,management4 7#b7 ,in general ,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 #ijj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out education and job training projects and conservation projects on ,public ,lands1 including through the use of direct expenditure1 contracts1 grants1 and cooperative agreements with corps programs4 7#c7 ,administrative expenses ,of the funds provided by this subsection1 no more than #b percent shall be used for administrative costs to carry out this section4 7c7 ,united ,states ,fish and ,wildlife ,service ,civilian ,climate ,corps 7#a7 ,definitions ,with regard to this subsection3 7,a7 ,conservation project ,the term conservation project means a project for the conservation1 restoration1 construction1 or rehabilitation of natural1 cultural1 historic1 archaeological1 recreational1 or scenic resources4 7,b7 ,corps program ,the term corps program means a program established by a ,federal1 ,state1 ,tribal1 or local government1 or nonprofit organization that performs conservation projects on ,public ,lands4 7,c7 ,public lands ,the term ,public ,lands means lands administered by the ,united ,states ,fish and ,wildlife ,service4 7#b7 ,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 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out education and job training projects and conservation projects on ,public ,lands1 including through the use of direct expenditure1 contracts1 grants1 and cooperative agreements with corps programs4 7#c7 ,administrative expenses ,of the funds provided by this subsection1 no more than #b percent shall be used for administrative costs to carry out this section4 7d7 ,tribal ,civilian ,climate ,corps 7#a7 ,definitions ,with regard to this subsection3 7,a7 ,conservation project ,the term conservation project means any project for the conservation1 restoration1 construction1 or rehabilitation of natural1 cultural1 historic1 archaeological1 recreational1 or scenic resources4 7,b7 ,corps program ,the term corps program means a program established by a ,federal1 ,state1 ,tribal1 or local government1 or nonprofit organization that performs appropriate conservation projects on ,public ,lands4 7,c7 ,indian land ,the term ,indian land means land of an ,indian ,tribe or an ,indian individual that is-- 7,i7 held in trust by the ,united ,states2 or 7ii7 subject to a restriction against alienation imposed by the ,united ,states4 7,d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #aja of the ,federally ,recognized ,indian ,tribe ,list ,act 7#be ,u4,s4,c4 #eacj74 7,e7 ,native ,hawaiian ,the term ,native ,hawaiian means any individual who is-- 7,i7 a citizen of the ,united ,states2 and 7ii7 a descendant of the aboriginal people who1 before #aggh1 occupied and exercised sovereignty in the area that now comprises the ,state of ,hawaii1 as evidenced by-- 7,i7 genealogical records2 7,,ii7 ,kupuna 7elders7 or ,kamaaina 7long-term community residents7 verification2 or 7,,iii7 certified birth records4 7,f7 ,native ,hawaiian organization ,the term ,native ,hawaiian organization means a private nonprofit organization that-- 7,i7 serves the interests of ,native ,hawaiians2 7ii7 has ,native ,hawaiians in substantive and policymaking positions within the organization2 and 7iii7 is recognized by the ,governor of ,hawaii for the purposes of planning1 conducting1 or administering programs 7or portions of programs7 for the benefit of ,native ,hawaiians4 7#b7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out education and job training projects and conservation projects1 including through the use of direct expenditure1 contracts1 grants1 and cooperative agreements with corps programs1 and including projects on ,indian lands1 pursuant to an agreement between an ,indian ,tribe or ,native ,hawaiian organization and a corps program for the benefit of an ,indian ,tribe or ,native ,hawaiians4 ,none of the funds provided by this subsection shall be subject to cost-share requirements4 7#c7 ,administrative expenses ,of the funds provided by this subsection1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjbjc4 ,presidio trust 7a7 ,presidio trust defined ,with regard to this section1 the term ,presidio ,trust means the entity established under section #ajc7;a7 of title ,i of division ,i of ,public ,law #ajd-ccc and under the requirements placed upon that entity by section #ajd7;a7 of title ,i of division ,i of ,public ,law #ajd-ccc4 7b7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,presidio ,trust for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out projects identified by the ,presidio ,trust in accordance with the purposes identified under the first section of ,public ,law #ib-ehi 7#af ,u4,s4,c4 #dfj;bb74 #gjbjd4 ,grand ,canyon 7a7 ,definition ,in this section3 7#a7 ,disposal ,the term disposal means that the lands identified are not available under the proceedings outlined under section #bjc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agac74 7#b7 ,entry ,the term entry has the meaning as it is used under section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7;j771 in its application to lands under the jurisdiction of the ,secretary4 7#c7 ,grand canyon protection area ,the term ,grand ,canyon ,protection ,area means the approximately #a1jed1ibc acres of land depicted as ,federal ,mineral ,estate to be ,withdrawn on the map entitled ,grand ,canyon ,protection ,area and dated ,august #bc1 #bjba4 7#d7 ,location ,the term location has the meaning as it is used under section #bcbj of the ,revised ,statutes 7#cj ,u4,s4,c4 #bc71 in its application to lands under the jurisdiction of the ,secretary4 7#e7 ,patent ,the term patent has the meaning as it is used under section #bcbe of the ,revised ,statutes 7#cj ,u4,s4,c4 #bi71 in its application to lands under the jurisdiction of the ,secretary4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,withdrawal ,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 #a1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out1 subject to valid rights in existence on the date of enactment of this section1 the withdrawal of the ,grand ,canyon ,protection ,area from all forms of disposal1 location1 entry1 and patent4 #gjbje4 ,wildfire 7a7 ,protecting communities and ecosystems from wildfire ,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 #ijj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 to reduce wildfire risk on landscapes and communities through fire preparedness1 fire science and research 7including improved fireshed mapping and management71 emergency rehabilitation1 rural fire assistance1 noncommercial fuels management activities in the wildland-urban interface1 the renovation or construction of fire facilities1 and for expenses necessary to support firefighter workforce reforms4 ,none of the funds provided by this subsection shall be used for salvage logging4 7b7 ,tribal wildfire prevention ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 ,for carrying out the ,national ,indian ,forest ,resources ,management ,act 7#be ,u4,s4,c4 #caja et seq47 for renewable and manageable resources1 communications1 economic and cultural benefits1 improved fireshed mapping and management1 and to protect ,tribal forest lands from wildfire4 7c7 ,forest technology improvements ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,wildland ,fire ,management for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out a research1 development1 and testing pilot program to-- 7#a7 assess new technologies1 including unmanned aircraft system1 geospatial1 or remote sensing technologies1 across all reforestation activities2 7#b7 accelerate the deployment and integration of such technologies into the operations of the ,secretary of the ,interior2 and 7#c7 collaborate and cooperate with ,state1 ,tribal1 and private geospatial information system organizations with respect to such technologies4 #gjbjf4 ,urban parks ,in addition to amounts otherwise available1 there is appropriated to the ,national ,park ,service for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out direct1 competitive grants to localities to create or significantly enhance access to parks or outdoor recreation facilities in urban areas1 in accordance with the authorities outlined under section #bjjcje7;e77#b77;,a7 or #bjjcje7;e77#c7 of title #ed1 ,united ,states ,code1 and subject to limitations outlined under section #bjjcje7;f77#c7 of such title1 of which no more than #b percent shall be used for administrative costs to carry out this section4 #gjbjg4 ,every kid outdoors 7a7 ,definitions ,with respect to this section3 7#a7 ,federal land and waters ,the term ,federal land and waters means any ,federal land or body of water under the jurisdiction of the ,director to which the public has access4 7#b7 ,director ,the term ,director means the ,director of the ,national ,park ,service4 7#c7 ,student or students ,the term student or students means any fourth1 fifth1 or sixth grader or home-schooled learner #aj years of age residing in the ,united ,states4 7b7 ,in general ,in addition to amounts otherwise available1 there is appropriated to 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 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the carrying out of the issuance and administration of passes1 effective during the period beginning on ,september #a and ending on ,august #ca of the following year1 at the request of a student1 which allows access1 when the student to which the pass was issued is present1 to ,federal lands and waters for which access is subject to an entrance1 standard amenity1 or day use fee1 free of charge for the student and three accompanying adults1 and for carrying out the purposes outlined under section #ijja7;b77#c77;,d7 of ,public ,law #aaf-i4 #gjbjh4 ,national ,park ,service climate resilience ,in addition to amounts otherwise available1 there is appropriated to the ,national ,park ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aae1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the protection1 restoration1 and resiliency of public lands and resources in accordance with the purposes outlined in section #ajjaja7;a7 of title #ed1 ,united ,states ,code4 ,none of the funds provided by this section shall be subject to cost-sharing requirements4 #gjbji4 ,bureau of ,land ,management climate resilience ,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 #aaj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the protection1 restoration1 and resiliency of public lands and resources in accordance with the purposes outlined in section #ajb7;a77#h7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja7;a77#h74 ,none of the funds provided by this section shall be subject to cost-sharing requirements4 #gjbaj4 ,historic preservation 7a7 ,in general ,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 #ge1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 to carry out preservation or historic preservation as defined by section #cjjcae of title #ed1 ,united ,states ,code4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjbaa4 ,thompson ,divide 7a7 ,thompson ,divide withdrawal 7#a7 ,thompson divide ,withdrawal and ,protection ,area defined ,for the purposes of this subsection1 the term ,thompson ,divide ,withdrawal and ,protection area means the ,federal land and minerals generally depicted as the ,thompson ,divide ,withdrawal and ,protection ,area on the map entitled ,greater ,thompson ,divide ,area ,map and dated ,june #ac1 #bjai4 7#b7 ,withdrawal ,subject to valid rights in existence on the date of the enactment of this section1 the ,thompson ,divide ,withdrawal and ,protection ,area is withdrawn from-- 7,a7 entry1 appropriation1 and disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7b7 ,thompson ,divide ,lease ,payments 7#a7 ,thompson divide withdrawal and protection area defined ,with regard to this subsection1 the term ,thompson ,divide ,withdrawal and ,protection ,area means the ,federal land and minerals generally depicted as the ,thompson ,divide ,withdrawal and ,protection ,area on the map entitled ,greater ,thompson ,divide ,area ,map and dated ,june #ac1 #bjai4 7#b7 ,in general ,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 #ejj1jjj to remain available until ,september #cj1 #bjbf1 to acquire1 from willing sellers1 the rights to oil or gas leases within the ,thompson ,divide ,withdrawal and ,protection ,area1 provided such leases are in effect on the date of enactment of this subsection4 ,all rights acquired under this subsection shall be permanently cancelled and unavailable for reissue4 7#c7 ,administrative expenses ,of the funds provided by this subsection1 no more than #b percent shall be used for administrative costs to carry out this subsection4 7c7 ,fugitive coal mine methane use pilot program 7#a7 ,pilot program area defined ,for the purposes of this subsection1 the term pilot program area means the areas identified as ,coal ,mine ,methane ,capture ,areas on the map entitled ,greater ,thompson ,divide ,fugitive ,coal ,mine ,methane ,use ,pilot ,program ,area and dated ,june #ag1 #bjai4 7#b7 ,in general ,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 #a1jjj1jjj to remain available until ,september #cj1 #bjbf1 for carrying out a pilot program in the pilot program area to inventory and1 subject to valid existing rights1 to lease1 capture1 mitigate or sequester methane emissions that would leak or be vented into the atmosphere from an active1 inactive1 or abandoned underground coal mine4 #gjbab4 ,chaco canyon 7a7 ,definitions ,for the purposes of this section3 7#a7 ,chaco cultural heritage withdrawal area ,the term ,chaco ,cultural ,heritage ,withdrawal ,area means the ,federal land generally depicted as the ,chaco ,cultural ,heritage ,withdrawal ,area on the map entitled ,chaco ,cultural ,heritage ,withdrawal ,area and dated ,april #b1 #bjai4 7#b7 ,non-producing leases ,the term non-producing leases means any oil and gas lease on ,federal land within the ,chaco ,cultural ,heritage ,withdrawal ,area-- 7,a7 on which drilling operations have not been commenced before the end of the primary term of the applicable lease2 7,b7 that is not producing oil and gas in paying quantities2 and1 7,c7 that is not subject to a valid cooperative or unit plan of development4 7b7 ,withdrawal ,subject to valid rights in existence on the date of enactment of this section1 the ,chaco ,cultural ,heritage ,withdrawal ,area is withdrawn from-- 7#a7 entry and disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7c7 ,non-producing leases ,a non-producing lease shall terminate pursuant to section #ag7;e7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;e77 and subpart #cajh of title #dc1 ,code of ,federal ,regulations1 and may not be extended4 ,c ,drought ,response and ,preparedness #gjcja4 ,bureau of ,reclamation water settlement funding ,section #ajeja of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7 is amended as follows3 7#a7 ,in subsection 7b71 by adding at the end the following3 7#c7 ,additional deposits ,in addition to amounts otherwise available1 there is appropriated-- 7,a7 for fiscal year #bjcb and each fiscal year thereafter out of any money in the ,treasury not otherwise appropriated1 #cgj1jjj1jjj1 for deposit in the ,fund1 to remain available until expended2 and 7,b7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 for deposit in the ,fund1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca4 4 7#b7 ,in subsection 7c77#a7-- 7,a7 in subparagraph 7,a71 by striking for each of fiscal years #bjbj through #bjcd1 the ,secretary may expend from the ,fund an amount not to exceed #abj1jjj1jjj1 and inserting for fiscal year #bjbb and each fiscal year thereafter1 the ,secretary may expend from the ,fund an amount not to exceed #cgj1jjj1jjj2 7,b7 in subparagraph 7,b71 by striking more than #abj1jjj1jjj1 for any fiscal year if such amounts are available in the ,fund due to expenditures not reaching #abj1jjj1jjj and inserting more than #cgj1jjj1jjj for any fiscal year if such amounts are available in the ,fund1 for the fiscal year in which expenditures are made pursuant to subparagraph 7,d7 and paragraphs 7#b7 and 7#c72 and 7,c7 by adding at the end the following3 7,c7 ,the ,secretary shall expend all amounts in the ,fund available from deposits made under subsection 7b77#a7 and subsection 7b77#c77;,b7 not later than the end of fiscal year #bjca4 7,d7 ,if1 in the judgment of the ,secretary on an annual basis1 the ,secretary is unlikely to expend the amounts as required under subparagraph 7,c7 because expenditures cannot be made for activities authorized under paragraph 7#b71 the ,secretary shall expend from the ,fund on an annual basis any projected unspent amounts by not later than the end of fiscal year #bjca on grants to disadvantaged communities 7identified according to criteria adopted by the ,secretary7 or on grants to ,indian ,tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 in a manner as determined by the ,secretary1 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 potable water supplies to communities or households that do not have reliable access to potable water in a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #cia2 #cb ,stat4 #chh1 chapter #ajic74 4 7#c7 ,in subsection 7c71 by amending paragraph 7#b7 to read as follows3 7#b7 ,authority 7,a7 ,non-,tribal ,settlement ,expenditures ,the ,secretary may expend money from the ,fund to implement a settlement agreement approved by ,congress that resolves1 in whole or in part1 litigation involving the ,united ,states and a party that is not an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 if the settlement agreement or implementing legislation requires the ,bureau of ,reclamation to provide financial assistance for1 or plan1 design1 and construct-- 7i7 water supply infrastructure2 or 7ii7 a project-- 7,i7 to rehabilitate a water delivery system to conserve water2 or 7,,ii7 to restore habitat or otherwise improve environmental conditions associated with or affected by1 or located within the same river basin as1 a ,federal reclamation project that is in existence on ,march #cj1 #bjji4 7,b7 ,tribal ,expenditures ,the ,secretary may expend money from the ,fund to implement a settlement agreement approved by ,congress that resolves1 in whole or in part1 claims concerning ,indian water resources1 if the settlement agreement or implementing legislation authorizes the ,secretary to provide financial assistance for1 or plan1 design1 and construct-- 7i7 water supply infrastructure2 or 7ii7 a project-- 7,i7 to rehabilitate a water delivery system to conserve water2 or 7,,ii7 to restore habitat or otherwise improve environmental conditions associated with or affected by1 or located within the same river basin as1 a ,federal reclamation project4 4 7#e7 ,in subsection 7c77#c77;,c71 by striking for any authorized use and inserting for any use authorized under paragraph 7#b7 or paragraph 7#a77;,d74 7#f7 ,by striking subsection 7f74 #gjcjb4 ,emergency drought relief 7a7 ,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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts shall be expended after ,september #cj1 #bjbf1 for near-term drought relief actions carried out under-- 7#a7 the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7,public ,law #ajb-bej72 7#b7 the ,klamath ,basin ,water ,supply ,enhancement ,act of #bjjj 7,public ,law #ajf-dih72 7#c7 section #bja of division ,d of ,public ,law #ajh-g2 or 7#d7 section #aaji of division ,,ff of ,public ,law #aaf-bfj4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent may be used for administrative costs to carry out this section4 #gjcjc4 ,emergency drought relief for tribes ,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 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjbf1 for near-term drought relief actions to mitigate drought impacts for ,indian ,tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 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 for the loss of ,tribal trust resources4 #gjcjd4 ,salton ,sea projects 7a7 ,appropriation 7#a7 ,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 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 to provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the ,salton ,sea in ,southern ,california to improve air quality1 habitat1 and water quality1 in partnership with-- 7,a7 ,state1 ,tribal1 and local governments2 7,b7 water districts2 7,c7 joint powers authorities2 7,d7 nonprofit organizations2 and 7,e7 institutions of higher education4 7#b7 ,cost share ,the non-,federal share of the cost of a project under this subsection shall be #ej percent of the cost of the project4 7b7 ,included activities ,the projects described in subsection 7a7 may include-- 7#a7 construction1 operation1 maintenance1 permitting1 and design activities required for such projects2 and 7#b7 dust suppression projects4 7c7 ,funding eligibility ,to be eligible to receive funding1 non-,tribal grantees must demonstrate compliance with prevailing wage requirements4 7d7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjcje4 ,water resources research and technology institutes 7a7 ,in general ,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 #ge1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out section #ajd of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjcjf4 ,federal priority streamgages 7a7 ,in general ,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 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for making operational streamgages that are identified by the ,secretary of the ,interior as ,federal priority streamgages4 7b7 ,collaboration with non-federal partners ,the ,united ,states ,geological ,survey shall prioritize the expenditure of funds available under subsection 7a7 in a manner that seeks to leverage the use of non-,federal funds made available through streamgage funding agreements with ,states and local agencies to improve environmental quality and water supply reliability4 7c7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjcjg4 ,snow water supply forecasting 7a7 ,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 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out section #aaaa of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjcjh4 ,water technology investment 7a7 ,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 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out section #aaab of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjcji4 ,aquatic ecosystem restoration 7a7 ,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 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended before fiscal year #bjbg or after ,september #cj1 #bjca1 for carrying out section #aaji of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjcaj4 ,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 through 7,b74 7#b7 ,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#c7 ,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 except that no amounts may be expended before fiscal year #bjbg or after ,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 nonreimbursable benefits authorized under the reclamation laws 7including fish and wildlife benefits provided through measurable reductions in water diversions from imperiled ecosystems7 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 substantial water supply and other 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 7#b7 providing multiple benefits1 including water supply reliability benefits for drought-stricken ,states1 ,tribes1 and communities1 fish and wildlife benefits1 and water quality improvements2 and 7#c7 reducing impacts on environmental resources from water projects owned or operated by ,federal and ,state agencies1 including through measurable reductions in water diversions from imperiled ecosystems4 7c7 ,total dollar cap ,the ,bureau of ,reclamation shall not impose a total dollar cap on ,federal contributions that applies to all individual projects funded under this section4 7d7 ,funding eligibility ,an eligible project shall not be considered ineligible for assistance under this section because the project has received assistance authorized under title ,,xvi of ,public ,law #ajb-ege or section #djji of ,public ,law #aad-cbb4 7e7 ,treatment of conveyance ,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 #gjcaa4 ,conveyance ,repairs and ,build ,back ,better ,funds for ,solar ,canal ,integration 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 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,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 8,secretary07 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 ,build ,back ,better ,funds for ,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 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the design1 study1 and implementation of projects 7including pilot and demonstration projects7 to cover conveyance facilities receiving grants under subparagraph 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 #gjcab4 ,rio grande pueblos irrigation infrastructure grants ,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 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out section #iajf7;d7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa74 ,d ,efficient and ,effective ,,nepa ,implementation #gjdja4 ,efficient and effective ,,nepa implementation ,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 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 to provide for more efficient and more effective environmental reviews under the ,national ,environmental ,policy ,act of #aifi through the hiring and training of additional personnel1 the development of programmatic assessments or templates1 the procurement of technical or scientific services1 the development of data or technology systems1 stakeholder and community engagement1 and the purchase of new equipment4 ,e ,national ,oceanic and ,atmospheric ,administration #gjeja4 ,coastal and ,great ,lakes restoration and technical assistance 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 #i1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 through direct expenditure1 contracts1 grants1 and cooperative agreements to provide funding and technical assistance for the purposes of restoring a marine1 estuarine1 coastal1 or ,great ,lake habitat2 or providing adaptation to climate change1 including by protecting1 restoring1 or establishing ecological features that protects coastal communities from sea-level rise1 coastal storms1 or flooding2 or designing or implementing blue carbon projects4 ,none of the funds provided by this section shall be subject to cost share or matching requirements4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjejb4 ,pacific ,coastal ,salmon ,recovery ,fund 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 funds in the ,treasury not otherwise appropriated #djj1jjj1jjj1 to remain available until #bjbf1 for the purposes of climate resilience1 habitat protection1 and other habitat restoration projects to recover ,pacific salmon4 ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjejc4 ,,noaa ,stock ,assessments 7a7 ,stock assessments ,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 #bjca1 except that no amount may be expended after ,september #cj1 #bjca1 for carrying out section #dja of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7#af ,u4,s4,c4 #ahha7 and1 section #aag of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #achf7 for fisheries data collections1 surveys1 and science1 management1 and ecosystem-based assessments in support of federally managed marine fisheries4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjejd4 ,coastal hazards and sea level rise ,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 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the provisions of section #abcjd of the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfjc71 section #d of the ,digital ,coast ,act 7#af ,u4,s4,c4 #adfg71 section #caj of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adef;c71 section #cjc of the ,hydrographic ,services ,improvement ,act of #aihh 7#cc ,u4,s4,c4 #hib;a71 and the first section and section #b of the ,act of ,august #f1 #aidg 7chapter #ejd2 #cc ,u4,s4,c4 #hhc;a and #cc ,u4,s4,c4 #hhc;b71 popularly known as the ,coast and ,geodetic ,survey ,act of #aidg2 for the purposes of making upgrades to the ,integrated ,ocean ,observing ,system2 making upgrades to the ,shoreline ,mapping ,program2 developing products1 services1 and coordinated decision-support frameworks with respect to coastal floods1 sea level rise1 ,great ,lakes water level1 and vertical land motion data and conducting the research and development necessary to support such products and services2 producing and maintaining authoritative and timely data1 maps1 charts1 tidal and water level observations and information services for communities to plan for present and future coastal flood risks and to sustain the economic viability of ports and marine transportation system2 and providing technical assistance to ,states1 ,insular areas1 local governments1 and end user at-risk communities4 #gjeje4 ,blue carbon ,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 #ie1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the provisions of section #aag of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7#af ,u4,s4,c4 #ahia;a72 and section #cji of the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #addj72 for research and extension activities to characterize1 quantify1 map1 and study blue carbon ecosystems or protection and restoration efforts in blue carbon ecosystems1 which include marine and coastal freshwater1 brackish1 and saltwater-fed ecosystems1 such as coastal wetland forest and other tidal or historically tidal wetlands that have the capacity to sequester carbon from the atmosphere for a period of not less than #ajj years in the ,gulf of ,mexico region4 #gjejf4 ,coastal hazards in ,united ,states ,insular areas ,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 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the provisions of the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfja71 section #d of the ,digital ,coast ,act 7#af ,u4,s4,c4 #adfg1 and section #cjc of the ,hydrographic ,services ,improvement ,act 7#cc ,u4,s4,c4 #hib;a7 to improve weather data collection and provide science1 data1 information1 and impact-based decision support services to reduce tsunami1 hurricane1 typhoon1 drought1 tide1 and sea-level rise impacts in ,insular ,areas4 #gjejg4 ,,nmfs shoreside 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 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the provisions of sections #djd through #djh of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;c-#ahhd71 to replace1 renovate1 or maintain aging facilities in need of repair or replacement including piers1 fisheries laboratories1 and laboratory facilities4 #gjejh4 ,,noaa vessel recapitalization ,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 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for vessel recapitalization needs4 #gjeji4 ,civilian ,climate ,corps at ,,noaa 7a7 ,,noaa ,civilian ,climate ,corps ,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 #abj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out education and job training projects that conserve1 restore1 construct1 or rehabilitate natural1 cultural1 historic1 archaeological1 recreational1 or scenic resources through direct expenditure1 contracts1 grants1 and cooperative agreements4 ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjeaj4 ,,noaa hatcheries 7a7 ,,noaa hatcheries ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for grants to ,states and ,indian ,tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd71 to repair1 replace1 and upgrade hatchery infrastructure for production of a marine fishery4 ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 7b7 ,funding eligibility ,to be eligible to receive funding under this section1 non-,tribal grantees must demonstrate compliance with prevailing wage requirements4 #gjeaa4 ,electronic monitoring 7a7 ,electronic monitoring ,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 #ge1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the purposes of supporting the continued and timely implementation of electronic monitoring and fishing effort reporting4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjeab4 ,working waterfronts 7a7 ,working ,waterfronts ,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 #afj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the provisions of section #cji of the ,coastal ,zone ,management ,act 7#af ,u4,s4,c4 #adef;b7 through direct expenditure1 contracts1 grants1 and cooperative agreements for projects that preserve and protect coastal access for water-dependent commercial activities4 7b7 ,funding eligibility ,to be eligible to receive funding under this section1 the grantee must demonstrate compliance with prevailing wage requirements4 #gjeac4 ,marine ,sanctuary and ,national ,estuarine ,research ,reserve ,maintenance ,backlog ,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 #ih1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the provisions of the ,national ,marine ,sanctuary ,act 7#af ,u4,s4,c4 #adca7 and the ,coastal ,zone ,management ,act 7#af ,u4,s4,c4 #adfa7 for construction1 maintenance1 and renovation of facilities of ,national ,marine ,sanctuaries and ,national ,estuarine ,research ,reserves4 #gjead4 ,seafood ,import ,monitoring ,program ,expansion ,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 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out the provisions of section #cjg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act 7#af ,u4,s4,c4 #aheg7a77,q771 to expand the ,seafood ,import ,monitoring ,program to apply to all seafood and seafood products4 ,f ,united ,states ,fish and ,wildlife ,service #gjfja4 ,endangered species act recovery plans 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 #ge1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the development and implementation of recovery plans under section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 7b7 ,candidate conservation ,in addition to the 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 #ge1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for developing ,candidate ,conservation ,agreements and ,candidate ,conservation ,agreements with ,assurances for candidate and other at-risk species pursuant section #aj of the ,endangered ,species ,act 7#af ,u4,s4,c4 #aeci74 #gjfjb4 ,endangered species act habitat conservation ,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 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for ,united ,states ,fish and ,wildlife ,service responsibilities in the development1 review1 and permitting of ,habitat ,conservation ,plans under section #aj7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#b77 and for ,state programs under section #f7;d7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;d774 #gjfjc4 ,endangered species act interagency consultations ,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 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for carrying out consultations with ,federal agencies that undertake agency actions affecting endangered species and threatened species under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf74 #gjfjd4 ,funding for 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 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the conservation of endangered species and threatened species of plants in the ,hawaiian ,islands and the ,pacific ,island ,territories of the ,united ,states as authorized by section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjfje4 ,funding for 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 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the conservation of endangered species and threatened species of pollinators in the ,united ,states as authorized by section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjfjf4 ,funding for 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 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the conservation of endangered species and threatened species of freshwater mussels in the ,united ,states as authorized by section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjfjg4 ,funding for 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 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the conservation of endangered species and threatened species of desert fish in the ,southwestern ,united ,states as authorized by section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjfjh4 ,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 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the purposes of carrying out the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a7 and the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa71 through direct expenditure1 contracts1 grants1 and cooperative agreements1 for the purposes of rebuilding and restoring units of the ,national ,wildlife ,refuge ,system1 other ,federal public assets1 and ,state wildlife management areas including by addressing the threat of invasive species1 increasing the resiliency and capacity of habitats and infrastructure to withstand weather events1 or reducing the amount of damage caused by those events4 ,none of the funds provided by this section shall be subject to cost-share requirements4 7b7 ,administrative expenses ,of the funds provided by this section1 no more than #b percent shall be used for administrative costs to carry out this section4 #gjfji4 ,funding for the united states fish and wildlife service for wildlife corridor conservation ,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 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjbf1 to carry out the provisions of the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a7 and the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa7 through direct expenditure11 contracts1 grants1 and cooperative agreements1 for mapping wildlife corridors and providing assistance to ,states and ,indian ,tribes as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7 for the conservation and restoration of wildlife corridors4 #gjfaj4 ,funding for the united states fish and wildlife service for grassland restoration ,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 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 except that no amounts may be expended after ,september #cj1 #bjbf1 to carry out the provisions of the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a7 and the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa7 through direct expenditure1 contracts1 grants1 and cooperative agreements1 for the protection and restoration of grassland habitats4 ,g ,insular ,affairs #gjgja4 ,insular ,affairs hospital and other critical health 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 #iic1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for hospitals and other critical health infrastructure in the territories4 ,amounts made available under this section shall be divided among the territories in accordance with needs identified by assessments completed by the ,department of the ,interior1 ,office of ,insular ,affairs1 of health care facilities in each territory1 but not less than #ce percent shall be provided to ,guam1 not less than #ce percent shall be provided to the ,united ,states ,virgin ,islands1 not less than #bj percent shall be provided to the ,commonwealth of the ,northern ,mariana ,islands1 and not less than #aj percent shall be provided to ,american ,samoa4 #gjgjb4 ,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 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide technical assistance for climate-change planning1 mitigation1 adaptation1 and resilience to ,united ,states-affiliated ,insular ,areas under the ,office of ,insular ,affairs4 7b7 ,administrative expenses ,of the funds provided by this section1 not more than #b percent shall be used for administrative costs to carry out this section4 #gjgjc4 ,settlement of claims against the ,united ,states for certain residents of the island of ,vieques1 ,puerto ,rico 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,department of the ,interior ,office of ,insular ,affairs1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be made available after ,september #cj1 #bjca1 to compensate through the appointment of a ,special ,master1 the municipality of ,vieques1 and an individual claimant who is or was a resident1 the child of a resident1 or an immediate heir 7as determined by the laws of ,puerto ,rico7 of a deceased claimant who was a resident on the island of ,vieques1 ,puerto ,rico1 in the period or after the ,united ,states ,government used the island of ,vieques1 ,puerto ,rico1 for military readiness4 7b7 ,administrative expenses ,of the funds provided by this section1 not more than #b percent shall be used for administrative costs to carry out this section4 #gjgjd4 ,definitions ,for the purposes of this subtitle3 7#a7 ,freely ,associated ,states ,the term ,freely ,associated ,states means the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 7#b7 ,united ,states-affiliated ,insular ,areas ,the term ,united ,states-affiliated ,insular ,areas means the territories and ,freely ,associated ,states4 7#c7 ,territories ,the term territories means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 ,puerto ,rico1 and the ,virgin ,islands of the ,united ,states4 7#d7 ,territory ,the term territory means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 ,puerto ,rico1 or the ,virgin ,islands of the ,united ,states4 ,h ,energy and ,mineral ,resources #gjhja4 ,offshore wind for the territories 7a7 ,application of outer continental shelf lands ,act with respect to territories of the ,united ,states 7#a7 ,in general ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking ,the term and inserting the following3 7#a7 ,the term 7ii7 by inserting after control the following3 or lying within the exclusive economic zone of the ,united ,states and the outer ,continental ,shelf adjacent to any territory of the ,united ,states2 and 7iii7 by adding at the end the following3 7#b7 ,the term outer ,continental ,shelf does not include any area conveyed by ,congress to a territorial government for administration4 2 7,b7 in subsection 7p71 by striking and after the semicolon at the end2 7,c7 in subsection 7q71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7r7 ,the term ,state means any of the several ,states and also includes ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands of the ,united ,states1 and the ,commonwealth of the ,northern ,mariana ,islands4 4 7#b7 ,exclusions ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 is amended by adding at the end the following3 7i7 ,this section shall not apply to the scheduling of any lease sale in an area of the outer ,continental ,shelf that is adjacent to ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands of the ,united ,states1 or the ,commonwealth of the ,northern ,mariana ,islands4 4 7b7 ,wind lease sales for areas of the outer continental shelf ,the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 is amended by adding at the end the following3 #cc4 ,wind lease sales for areas of the outer continental shelf offshore of territories of the ,united ,states 7a7 ,wind lease sales off coasts of territories of the united states 7#a7 ,call for information and nominations ,the ,secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible4 7#b7 ,conditional wind lease sales ,for areas lying within the exclusive economic zone of the ,united ,states adjacent to ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands of the ,united ,states1 and the ,commonwealth of the ,northern ,mariana ,islands1 the ,secretary shall conduct not less than one wind lease sale in each such area1 so long as3 7,a7 ,the ,secretary has concluded that a wind lease sale on the area is feasible4 7,b7 ,the ,secretary has determined that there is sufficient interest in leasing the area4 7,c7 ,the ,secretary has consulted with other relevant ,federal agencies regarding such sale4 7,d7 ,the ,secretary has consulted with the ,governor of the territory regarding the suitability of the area for wind energy development4 4 #gjhjb4 ,leasing on the outer continental shelf 7a7 ,leasing authorized ,the ,secretary of the ,interior is authorized to grant leases1 easements1 and rights-of-way pursuant to section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c77 in the areas withdrawn by the ,presidential ,memorandum entitled ,memorandum on the ,withdrawal of ,certain ,areas of the ,united ,states ,outer ,continental ,shelf from ,leasing ,disposition 7issued ,september #h1 #bjbj7 and the ,presidential ,memorandum entitled ,presidential ,determination on the ,withdrawal of ,certain ,areas of the ,united ,states ,outer ,continental ,shelf from ,leasing ,disposition 7issued ,september #be1 #bjbj74 7b7 ,withdrawals ,any ,presidential withdrawal of an area of the ,outer ,continental ,shelf from leasing under section #ab7;a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acda7;a77 issued after the date of enactment of this ,act shall apply only to leasing authorized under subsections 7a7 and 7i7 of section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;a7 and #accg7;i771 unless otherwise specified4 #gjhjc4 ,united ,states geological survey 7a7 #c;,d elevation program ,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 except that no amounts may be expended after ,september #cj1 #bjca1 to carry out the #c;,d elevation program 7#dc ,u4,s4,c4 #cajd74 7b7 ,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 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,regional and ,national ,climate ,adaptation ,science ,centers to provide localized information to help communities respond to climate change4 #gjhjd4 ,fossil fuel resources 7a7 ,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 ,act4 7b7 ,protection of the eastern gulf1 atlantic1 and pacific coasts ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by adding at the end the following3 7q7 ,prohibition of oil and gas leasing in certain areas of the outer continental shelf ,the ,secretary of the ,interior may not issue a lease or any other authorization for the exploration1 development1 or production of oil or natural gas in the areas of the ,outer ,continental ,shelf designated by section #ajd7;a7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf or in any area within the ,atlantic ,region planning areas or the ,pacific ,region planning areas 7as such planning areas are described in the document entitled #bjag - #bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,proposed ,final ,program dated ,november #bjaf1 or a subsequent oil and gas leasing program developed under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd74 4 7c7 ,onshore fossil fuel royalty rates ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg7 is amended-- 7#a7 in section #g7;a71 by striking #ab and inserting #bj2 7#b7 in section #ag1 by-- 7,a7 striking #ab4e each place such term appears and inserting #bj2 and 7,b7 striking #ab each place such term appears and inserting #bj2 and 7#c7 in section #ca7;e71 by striking #af #bc both places such term appears and inserting #be4 7d7 ,offshore oil and gas royalty rate ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by striking-- 7#a7 #ab each place such term appears and inserting #bj2 and 7#b7 #ab and each place such term appears and inserting #bj4 7e7 ,oil and gas minimum bid ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7#a7 in subsection 7b77#a77;,b7-- 7,a7 by striking #b per acre and inserting #aj per acre1 except as otherwise provided by this paragraph2 and 7,b7 by striking ,federal ,onshore ,oil and ,gas ,leasing ,reform ,act of #aihg and inserting subtitle ,h of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad of the #aagth ,congress2 7#b7 in subsection 7b77#b77;,c71 by striking #b per acre and inserting #aj per acre2 and 7#c7 by adding at the end the following3 7q7 ,inflation adjustment ,the ,secretary shall-- 7#a7 by regulation1 at least once every #d years1 adjust each of the dollar amounts that apply under subsections 7b77#a77;,b71 7b77#b77;,c71 and 7d7 to reflect the change in inflation2 and 7#b7 publish each such regulation in the ,federal ,register4 4 7f7 ,deferred coal bonus payments ,section #b7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bja7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking the second and third sentences2 and 7#b7 by striking paragraphs 7#d7 and 7#e74 7g7 ,fossil fuel rental rates 7#a7 ,section #g7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg7 is amended in the third sentence by inserting at a rental rate of not less than #ajj per acre 7as reviewed and1 if appropriate1 adjusted by the ,secretary every #d years7 before the period4 7#b7 ,section #ag7;d7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;d77 is amended in the first sentence by striking #a4ej per acre per year for the first through fifth years of the lease and not less than #b per acre per year for each year thereafter and inserting #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 not less than #e per acre per year4 7#c7 ,section #ca7;e7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;e77 is amended by striking #aj and inserting #bj4 7h7 ,fossil fuel lease term length 7#a7 ,section #g of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg7 is amended-- 7,a7 in subsection 7a7-- 7i7 in the first sentence1 by striking twenty and inserting #aj2 7ii7 in the second sentence1 by striking ten and inserting #e2 and 7iii7 in the sixth sentence-- 7,i7 by striking twenty and inserting #aj2 and 7,,ii7 by striking ten and inserting #e2 and 7,b7 in subsection 7b77#e71 by striking #bj and inserting #aj4 7#b7 ,section #ag7;e7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;e77 is amended by striking #aj years3 and inserting #e years44 7i7 ,expression of interest fee ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf71 as amended by this subtitle is amended by adding at the end the following3 7r7 ,fee for expression of interest 7#a7 ,in general ,the ,secretary shall charge any person who submits1 in accordance with procedures established by the ,secretary to carry out this subsection1 an expression of interest in leasing land available for disposition under this section for exploration for1 and development of1 oil or gas a fee in an amount determined by the ,secretary under paragraph 7#b74 7#b7 ,amount ,the fee authorized under paragraph 7#a7 shall be established by the ,secretary in an amount that is determined by the ,secretary to be appropriate to cover the aggregate cost of processing an expression of interest under this subsection1 but not less than #ae per acre of the area covered by the applicable expression of interest4 7#c7 ,adjustment of fee ,the ,secretary shall1 by regulation at least every #d years1 establish a higher expression of interest fee-- 7,a7 to reflect the change in inflation2 and 7,b7 as the ,secretary determines to be necessary to enhance financial returns to the ,united ,states4 4 7j7 ,elimination of noncompetitive leasing ,the ,mineral ,leasing ,act is amended-- 7#a7 in section #ag7;b7 7#cj ,u4,s4,c4 #bbf7;b771 by striking paragraph 7#c72 7#b7 by amending section #ag7;c7 7#cj ,u4,s4,c4 #bbf7;c77 to read as follows3 7c7 ,lands made available for leasing under subsection 7b77#a7 but for which no bid is accepted may be made available by the ,secretary for a new round of sealed bidding under such subsection4 2 7#c7 in section #ag7;e7 7#cj ,u4,s4,c4 #bbf7;e77-- 7,a7 by striking ,competitive and noncompetitive leases and inserting ,leases1 including leases for tar sand areas12 and 7,b7 by striking ,provided1 however and all that follows through ten years42 7#d7 in section #ca7;d77#a7 7#cj ,u4,s4,c4 #ahh7;d77#a77 by striking or 7c72 7#e7 in section #ca7;e7 7#cj ,u4,s4,c4 #ahh7;e77-- 7,a7 in paragraph 7#b7 by striking 1 or the inclusion and all that follows and inserting a semicolon2 and 7,b7 in paragraph 7#c7 by striking 7,a7 and by striking subparagraph 7,b72 7#f7 by striking section #ca7;f7 7#cj ,u4,s4,c4 #ahh7;f772 and 7#g7 in section #ca7;g7 7#cj ,u4,s4,c4 #ahh7;g77-- 7,a7 in paragraph 7#a7 by striking as a competitive and all that follows through the period and inserting in the same manner as the original lease issued pursuant to section #ag42 7,b7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,c7 in paragraph 7#b71 as redesignated1 by striking 1 applicable to leases issued under subsection #ag7;c7 of this ,act 7#cj ,u4,s4,c4 #bbf7;c77 except1 and inserting 1 except4 7k7 ,oil and gas bonding requirements ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g77 is amended-- 7#a7 by inserting ,each such bond1 surety1 or other financial arrangement shall be considered inadequate if such bond1 surety1 or other financial arrangement is for less than #aej1jjj in the case of an arrangement for an individual surface-disturbing activity of each entity on an individual oil or gas lease in a ,state1 or #ejj1jjj in the case of an arrangement for all surface-disturbing activities of each entity on all oil and gas leases in a ,state4 after on the lease42 7#b7 by redesignating existing subsection 7g7 as paragraph 7#a72 and 7#c7 by adding at the end the following new paragraph3 7#b7 7,a7 ,not later than #ahj days after the date of enactment of subtitle ,h of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad of the #aagth ,congress the ,secretary concerned shall initiate a rulemaking to require that an adequate bond1 surety1 or other financial arrangement be provided by the lessee prior to the commencement of surface-disturbing activities on any lease issued under this ,act to ensure the complete and timely remediation and reclamation of any land1 water1 or other resources 7including resources with recreation1 range1 timber1 mineral1 watershed1 fish or wildlife1 natural scenic1 scientific1 or historical value7 adversely affected by lease activities and operations after the abandonment or cessation of oil and gas operations on the lease4 7,b7 ,the ,secretary concerned shall find that a bond1 surety or other financial arrangement required by regulation under subparagraph 7,a7 is inadequate if it is for less than-- 7i7 the complete and timely reclamation of the lease tract2 7ii7 the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on the lease2 and 7iii7 in the case of an idled well1 the total plugging and reclamation costs for each idled well controlled by the same operator4 7,c7 ,the ,secretary concerned shall review the adequacy of each such bond1 surety1 or other financial arrangement at least once every #e years and anytime a lease issued under this ,act is transferred4 4 7l7 ,per-acre lease fees 7#a7 ,oil and gas lease fees ,the ,secretary of ,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 7#b7 ,deposit ,all funds collected pursuant to paragraph 7#a7 shall be deposited into the ,united ,states ,treasury ,general ,fund4 7#c7 ,adjustment for inflation ,the ,secretary of the ,interior shall1 by regulation at least once every four years1 adjust each fee created by paragraph 7#a7 to reflect any increase in inflation4 7m7 ,onshore oil and gas inspection fees 7#a7 ,in general ,section #ajh of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agah7 is amended by adding at the end the following3 7d7 ,inspection fees 7#a7 ,in general ,the designated operator under each oil and gas lease on ,federal or ,indian lands1 or each unit and communitization agreement that includes one or more such ,federal or ,indian leases1 that is subject to inspection under subsection 7b7 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 paragraph 7#b71 is established by the ,secretary by regulation and is sufficient to recover the full costs incurred by the ,united ,states for inspection and enforcement with respect to such leases4 7#b7 ,amount ,until the effective date of regulations under paragraph 7#a71 the amount of the fee shall be-- 7,a7 #hjj for each lease or unit or communitization agreement with no active or inactive wells1 but with surface use1 disturbance or reclamation2 7,b7 #a1djj for each lease or unit or communitization agreement with #a to #aj wells1 with any combination of active or inactive wells2 7,c7 #e1fjj for each lease or unit or communitization agreement with #aa to #ej wells1 with any combination of active or inactive wells2 and 7,d7 #aa1cjj for each lease or unit or communitization agreement with more than #ej wells1 with any combination of active or inactive wells4 7#c7 ,due date ,payment of the fee under this section shall be due1 annually1 not later than #cj days after the ,secretary provides notice of the assessment of the fee4 7#d7 ,penalty ,if the designated operator fails to pay the full amount of the fee as prescribed in this section1 the ,secretary may1 in addition to utilizing any other applicable enforcement authority1 assess civil penalties against the operator under section #aji in the same manner as if this section were a mineral leasing law4 7#e7 ,exemption for tribal operators ,an operator that is a ,tribe or is controlled by a ,tribe is not subject to paragraph 7#a7 with respect to a lease1 unit1 or communitization agreement that is located entirely on the lands of such ,tribe4 4 7#b7 ,assessment for fiscal year #bjbb ,the ,secretary of the ,interior shall assess the fee under the amendment made by paragraph 7#a7 for fiscal year #bjbb1 and 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 ,act4 7n7 ,offshore oil and gas inspection fees ,section #bb of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdh7 is amended by adding at the end the following3 7g7 ,inspection fees 7#a7 ,in general 7,a7 ,establishment ,the ,secretary shall collect from the operators of facilities subject to inspection under subsection 7c7 nonrefundable fees for such inspections-- 7i7 at an aggregate level to offset the annual expenses of such inspections2 7ii7 using a schedule that reflect the differences in complexity among the classes of facilities to be inspected2 and 7iii7 in accordance with subparagraph 7,c74 7,b7 ,adjustment for inflation ,for each fiscal year beginning after fiscal year #bjbb1 the ,secretary shall adjust the amount of the fees collected under this paragraph for inflation4 7,c7 ,fees for fiscal year #bjbb 7i7 ,annual fees ,for fiscal year #bjbb1 the ,secretary 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 7,i7 #aa1gbe for facilities with no wells1 but with processing equipment or gathering lines4 7,,ii7 #ah1ihd for facilities with #a to #aj wells1 with any combination of active or inactive wells4 7,,iii7 #ce1agf for facilities with more than #aj wells1 with any combination of active or inactive wells4 7ii7 ,fees for drilling rigs ,for fiscal year #bjbb1 the ,secretary shall collect fees for each inspection from the operators of drilling rigs in the following amounts3 7,i7 #cd1jei per inspection for rigs operating in water depths of #ejj feet or more4 7,,ii7 #ah1fdi per inspection for rigs operating in water depths of less than #ejj feet4 7iii7 ,fees for non-rig units ,for fiscal year #bjbb1 the ,secretary shall collect fees for each inspection from the operators of well operations conducted via non-rig units as outlined in subparts ,d1 ,e1 ,f1 and ,q of part #bej of title #cj1 ,code of ,federal ,regulations 7or any successor regulation71 in the following amounts3 7,i7 #ac1bfj per inspection for non-rig units operating in water depths of #b1ejj feet or more4 7,,ii7 #aa1ecj per inspection for non-rig units operating in water depths between #ejj and #b1dii feet4 7,,iii7 #d1dgj per inspection for non-rig units operating in water depths of less than #ejj feet4 7#b7 ,disposition ,amounts collected as fees under paragraph 7#a7 shall be deposited into the general fund of the ,treasury4 7#c7 ,billing 7,a7 ,annual fees ,the ,secretary shall bill designated operators under paragraph 7#a77;,c77i7 annually1 with payment required not later than #cj days after such billing4 7,b7 ,fees for drilling rigs ,the ,secretary shall bill designated operators under paragraph 7#a77;,c77ii7 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 7#d7 ,publication ,the ,secretary shall annually make available to the public the following information about each fee deposited into the ,fund3 7,a7 ,the facility that was inspected4 7,b7 ,the name of the operator of such facility4 7,c7 ,the amount of the payment4 4 7o7 ,severance fees ,the ,secretary of ,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 not less than #j4ej per barrel of oil equivalent on oil and natural gas produced from ,federal lands and the ,outer ,continental ,shelf2 and 7#b7 not less than #b per metric ton of coal produced from ,federal lands4 7p7 ,idled well fees 7#a7 ,in general ,the ,secretary 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 7#b7 ,amounts ,except as provided in paragraph 7#e71 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 7#c7 ,due date ,an owner of an idled well that is required to pay a fee under this subsection shall submit to the ,secretary such fee by not later than ,october #a of each year4 7#d7 ,civil penalty ,if the operator of a idled well fails to pay the full amount of a fee under this subsection1 the ,secretary may assess a civil penalty against the operator under section #aji of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agai7 as if such failure to pay were a violation under such section4 7#e7 ,adjustment for inflation ,the ,secretary shall1 by regulation not less than once every #d years1 adjust each fee under this subsection to account for inflation4 7#f7 ,deposit ,all funds collected pursuant to paragraph 7#a7 shall be deposited into the ,united ,states ,treasury ,general ,fund4 7#g7 ,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 7q7 ,annual pipeline owners fee ,not later than #ahj days after the date of enactment of this ,act1 the ,bureau of ,safety and ,environmental ,enforcement shall issue regulations to assess an annual fee on owners of offshore oil and gas pipelines4 ,such fee shall not qualify as a transportation allowance or as a deductible cost in calculating royalties due to the ,united ,states and shall be no less than-- 7#a7 #aj1jjj per mile for such 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 7r7 ,royalties on all extracted methane 7#a7 ,assessment on all production 7,a7 ,in general ,except as provided in subparagraph 7,b71 royalties paid for gas produced from ,federal lands and on the ,outer ,continental ,shelf shall be assessed on all gas produced1 including-- 7i7 gas used or consumed within the area of the lease tract for the benefit of the lease2 and 7ii7 all gas that is consumed or lost by venting1 flaring1 or fugitive releases through any equipment during upstream operations4 7,b7 ,exception ,subparagraph 7,a7 shall not apply with respect to-- 7i7 gas vented or flared for not longer than #dh hours in an acute emergency situation that poses a danger to human health2 and 7ii7 gas used or consumed within the area of the lease tract for the benefit of the lease when the operator is a ,tribe or is controlled by a ,tribe that is located entirely on the lands of such ,tribe4 7#b7 ,conforming amendments 7,a7 ,mineral leasing ,act ,the ,mineral ,leasing ,act is amended-- 7i7 in section #ad 7#cj ,u4,s4,c4 #bbc71 by adding at the end the following3 ,royalties shall be assessed with respect to oil and gas1 other than gas vented or flared for not longer than #dh hours in an acute emergency situation that poses a danger to human health and gas used or gas consumed within the area of the lease tract for the benefit of the lease when the operator is a ,tribe or is controlled by a ,tribe that is located entirely on the lands of such ,tribe1 without regard to whether oil or gas is removed or sold from the leased land42 7ii7 in section #bb 7#cj ,u4,s4,c4 #bea71 by striking sold or removed2 and 7iii7 in section #ca 7#cj ,u4,s4,c4 #ahh71 by striking removed or sold each place it appears4 7,b7 ,outer continental shelf lands ,act ,the ,outer ,continental ,shelf ,lands ,act is amended-- 7i7 in section #f7;a77#h7 7#dc ,u4,s4,c4 #acce7;a77#h771 by striking saved1 removed1 or sold each place it appears2 and 7ii7 in section #h7;a7 7#dc ,u4,s4,c4 #accg7;a77-- 7,i7 in paragraph 7#a71 by striking saved1 removed1 or sold each place it appears2 and 7,,ii7 by adding at the end the following3 7#i7 ,royalties under this ,act shall be assessed with respect to oil and gas1 other than gas vented or flared for not longer than #dh hours in an acute emergency situation that poses a danger to human health and gas used or gas consumed within the area of the lease tract for the benefit of the lease when the operator is a ,tribe or is controlled by a ,tribe that is located entirely on the lands of such ,tribe1 without regard to whether oil or gas is removed or sold from the leased land4 4 7s7 ,elimination of royalty relief 7#a7 ,in general 7,a7 ,outer ,continental ,shelf ,lands ,act relating to the suspension of royalties ,section #h7;a77#a77;,h7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;a77#a77;,h77 is amended by striking 1 and with suspension of royalties for a period1 volume1 or value of production determined by the ,secretary1 which suspensions may vary based on the price of production from the lease4 7,b7 ,outer ,continental ,shelf ,lands ,act relating to the suspension of royalties ,section #h7;a77#a77;,h7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;a77#a77;,h77 is amended by striking 1 and with suspension of royalties for a period1 volume1 or value of production determined by the ,secretary1 which suspensions may vary based on the price of production from the lease4 7,c7 ,outer continental shelf lands ,act ,section #h7;a77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;a77#c77 is amended-- 7i7 by striking subparagraphs 7,a7 and 7,b72 and 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,a74 7,d7 ,energy policy ,act of #bjje 7i7 ,incentives for natural gas production from deep wells in the shallow waters of the gulf of mexico ,section #cdd of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijd7 is repealed4 7ii7 ,deep water production ,section #cde of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeije7 is repealed4 7#b7 ,future provisions ,royalty relief shall not be permitted under a lease issued under section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg74 7#c7 ,provisions relating to naval petroleum reserve in ,alaska ,section #ajg of the ,naval ,petroleum ,reserves ,production ,act of #aigf 7#db ,u4,s4,c4 #fejf;a7 is amended-- 7,a7 in subsection 7i71 by striking paragraphs 7#b7 through 7#f72 and 7,b7 by striking subsection 7k74 7#d7 ,royalty relief under the mineral leasing ,act 7,a7 ,repeal ,section #ci of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bji7 is repealed4 7,b7 ,conforming amendments 7i7 ,section #hgba7;b7 of title #aj1 ,united ,states ,code1 is amended by striking #bjb-bji and inserting #bjb-bjh4 7ii7 ,section #hgce7;a7 of title #aj1 ,united ,states ,code1 is amended by striking #bjb-bji and inserting #bjb-bjh4 7iii7 ,section #ca7;h7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;h77 is amended by striking and the provisions of section #ci of this ,act4 #gjhje4 ,civil and criminal penalties 7a7 ,mineral leasing ,act ,section #da of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aie7 is amended-- 7#a7 in subsection 7b71 by striking #ejj1jjj and inserting #a1jjj1jjj2 and 7#b7 in subsection 7c71 by striking #ajj1jjj and inserting #bej1jjj4 7b7 ,federal oil and gas royalty management ,act of #aihb ,the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb is amended-- 7#a7 in section #aji 7#cj ,u4,s4,c4 #agai7-- 7,a7 in subsection 7a77#b71 by striking #ejj and inserting #a1ejj2 7,b7 in subsection 7b71 by striking #e1jjj;and inserting #ae1jjj2 7,c7 in subsection 7c77#c71 by striking #aj1jjj and inserting #cj1jjj2 7,d7 in subsection 7d77#c71 by striking #be1jjj and inserting #ge1jjj2 7,e7 by redesignating existing subsections 7e7 through 7l7 as 7f7 through 7m71 respectively2 and 7,f7 by adding at the end3 7n7 ,inflation adjustment of maximum penalties 7#a7 ,the maximum civil penalty amounts listed in subsections 7a7 through 7d7 shall automatically adjust for inflation on the #ast day of each calendar year in accordance with the provisions of this subsection4 7#b7 ,the inflation adjustment under this subsection shall be based on the ,consumer ,price ,index published by the ,department of ,labor for all ,urban ,consumers 7,,cpi-,u7 and shall be calculated by the percentage change1 if any1 by which the ,,cpi-,u for the month of ,october preceding the adjustment date exceeds the ,,cpi-,u for the month of ,october one year before4 7#c7 ,the ,secretary will provide sufficient notice of adjusted penalties by publishing the adjusted maximum civil penalty amounts on a public website of the ,department4 7#d7 ,the ,secretary will provide notice1 in writing1 to the ,committee on ,natural ,resources of the ,department's intent to adjust such penalties #ahj days before publishing the adjusted maximum civil penalty amounts on a public website of the ,department under paragraph 7#c74 2 and 7#b7 in section #aaj1 by striking #ej1jjj and inserting #aej1jjj4 7c7 ,outer continental shelf lands ,act 7#a7 ,civil penalty1 generally ,section #bd7;b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acej7;b77 is amended to read as follows3 7b7 ,civil penalties 7#a7 ,in general ,except as provided in paragraph 7#b71 any person who fails to comply with any provision of this ,act1 or any term of a lease1 license1 or permit issued pursuant to this ,act1 or any regulation or order issued under this ,act1 shall be liable for a civil administrative penalty of not more than #ge1jjj for each day of the continuance of such failure4 ,the ,secretary may assess1 collect1 and compromise any such penalty4 7#b7 ,opportunity for a hearing ,no penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing4 7#c7 ,adjustment for inflation ,the ,secretary shall1 by regulation at least every #c years1 adjust the penalty specified in this paragraph to reflect any increases in inflation4 7#d7 ,threat of harm ,if a failure described in paragraph 7#a7 constitutes or constituted a threat of harm or damage to life1 property1 any mineral deposit1 or the marine1 coastal1 or human environment1 a civil penalty of not more than #aej1jjj shall be assessed for each day of the continuance of the failure4 4 7#b7 ,knowing and willful violations ,section #bd7;c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acej7;c77 is amended by striking #ajj1jjj and inserting #a1jjj1jjj4 7#c7 ,officers and agents of corporations ,section #bd7;d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acej7;d77 is amended by striking knowingly and willfully authorized1 ordered1 or carried out and inserting authorized1 ordered1 carried out1 or through reckless disregard of the law caused4 #gjhjf4 ,technical amendments to ,,fogrma 7a7 ,amendments to definitions ,section #c of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agjb7 is amended-- 7#a7 in paragraph 7#bj77;,a71 by striking 3 ,provided1 ,that and all that follows through subject of the judicial proceeding2 7#b7 in paragraph 7#bj77;,b71 by striking 7with written notice to the lessee who designated the designee72 7#c7 in paragraph 7#bc77;,a71 by striking 7with written notice to the lessee who designated the designee72 7#d7 by amending paragraph 7#bd7 to read as follows3 7#bd7 designee means a person who pays1 offsets1 or credits monies1 makes adjustments1 requests and receives refunds1 or submits reports with respect to payments a lessee must make pursuant to section #ajb7;a72 2 7#e7 in paragraph 7#be71 in subparagraph 7,b7-- 7,a7 by striking 7subject to the provisions of section #ajb7;a7 of this ,act72 and 7,b7 in clause 7ii71 by striking subclause 7,,iv7 and all that follows through the end of the subparagraph and inserting the following3 7,,iv7 any assignment1 that arises from or relates to any lease1 easement1 right-of-way1 permit1 or other agreement regardless of form administered by the ,secretary for1 or any mineral leasing law related to1 the exploration1 production1 and development of oil and gas or other energy resource on ,federal lands or the ,outer ,continental ,shelf2 2 and 7#f7 in paragraph 7#bi71 by inserting or permit after lease4 7b7 ,compliance reviews ,section #aja of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agaa7 is amended by adding at the end the following new subsection3 7d7 ,the ,secretary may1 as an adjunct to audits of accounts for leases1 conduct compliance reviews of accounts4 ,such reviews shall not constitute nor substitute for audits of lease accounts4 ,the ,secretary shall immediately refer any disparity uncovered in such a compliance review to a program auditor4 ,the ,secretary shall1 before completion of a compliance review1 provide notice of the review to designees whose obligations are the subject of the review4 4 7c7 ,liability for royalty payments ,section #ajb7;a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agab7;a77 is amended to read as follows3 7a7 ,liability for royalty payments 7#a7 ,time and manner of payment ,in order to increase receipts and achieve effective collections of royalty and other payments1 a lessee who is required to make any royalty or other payment under a lease1 easement1 right-of-way1 permit1 or other agreement1 regardless of form1 or under the mineral leasing laws1 shall make such payment in the time and manner as may be specified by the ,secretary or the applicable delegated ,state4 7#b7 ,designee ,any person who pays1 offsets1 or credits monies1 makes adjustments1 requests and receives refunds1 or submits reports with respect to payments the lessee must make is the lessee's designee under this ,act4 7#c7 ,liability ,a designee shall be liable for any payment obligation of any lessee on whose behalf the designee pays royalty under the lease4 ,the person owning operating rights in a lease and a person owning legal record title in a lease shall be liable for that person's pro rata share of payment obligations under the lease4 4 7d7 ,recordkeeping ,section #ajc7;b7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agac7;b77 is amended by striking #f and inserting #g4 7e7 ,adjustments and refunds ,section #aaa;,a of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agba;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#c7 to read as follows3 7#c7 7,a7 ,an adjustment or a request for a refund for an obligation may be made after the adjustment period only upon written notice to and approval by the ,secretary or the applicable delegated ,state1 as appropriate1 during an audit of the period which includes the production month for which the adjustment is being made4 7,b7 ,except as provided in subparagraph 7,c71 no adjustment may be made with respect to an obligation after the completion of an audit or compliance review of such obligation unless such adjustment is approved by the ,secretary or the applicable delegated ,state1 as appropriate4 7,c7 ,if an overpayment is identified during an audit1 the ,secretary shall allow a credit in the amount of the overpayment4 2 and 7,b7 in paragraph 7#d7-- 7i7 by striking six-year and inserting four-year2 and 7ii7 by striking period shall and inserting period may2 and 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,c71 by striking and2 7,b7 in subparagraph 7,d71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 is made within the adjustment period for that obligation4 4 7f7 ,obligation period 7#a7 ,section #aae7;b77#a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;b77#a77 is amended to read as follows3 7#a7 ,the ,secretary or a delegated ,state shall commence a judicial proceeding or demand which arises from1 or relates to an obligation1 within seven years from the date on which the obligation becomes due and if not so commenced shall be barred4 ,a lessee shall commence a judicial proceeding or demand which arises from1 or relates to an obligation1 within four years from the date on which an obligation becomes due and if not so commenced shall be barred4 ,if the ,secretary1 a delegated ,state1 a lessee1 or designee is barred from commencement of a judicial proceeding or demand for an obligation1 it-- 7,a7 shall not take any other or further action regarding that obligation1 including 7but not limited to7 the issuance of any order1 request1 demand or other communication seeking any document1 accounting1 determination1 calculation1 recalculation1 payment1 principal1 interest1 assessment1 or penalty or the initiation1 pursuit or completion of an audit with respect to that obligation2 and 7,b7 shall not pursue any other equitable or legal remedy1 including equitable recoupment1 whether under statute or common law1 with respect to an action on1 defense against1 or an enforcement of said obligation4 4 7#b7 ,section #aae7;c7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;c77 is amended by adding at the end the following new paragraph3 7#c7 ,adjustments ,in the case of an adjustment under section #aaa;,a7a7 in which a recoupment by the lessee results in an underpayment of an obligation1 the obligation becomes due on the date the lessee or its designee makes the adjustment4 4 7g7 ,appeals ,section #aae7;h7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;h77 is amended-- 7#a7 in paragraph 7#a71 in the heading1 by striking #cc-month and inserting #dh-month2 7#b7 by striking #cc months each place it appears and inserting #dh months2 and 7#c7 by striking #cc-month each place it appears and inserting #dh-month4 7h7 ,penalty for late or incorrect reporting of data 7#a7 ,in general ,the ,secretary of the ,interior shall issue regulations by not later than #a year after the date of enactment of this ,act that establish a civil penalty for late or incorrect reporting of data under the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb4 7#b7 ,amount ,the amount of the civil penalty shall be-- 7,a7 an amount that the ,secretary determines is sufficient to ensure filing of data in accordance with that ,act2 and 7,b7 not less than #aj for each failure to file correct data in accordance with that ,act4 7#c7 ,content of regulations ,except as provided in paragraph 7#b71 the regulations issued under this section shall be substantially similar to section #baf4dj of title #cj1 ,code of ,federal ,regulations1 as most recently in effect before the date of enactment of this ,act4 7i7 ,shared penalties ,section #bjf of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agcf7 is amended by striking ,any payments under this section shall be reduced by an amount equal to any payments provided or due to such ,state or ,indian ,tribe under the cooperative agreement or delegation1 as applicable1 during the fiscal year in which the civil penalty is received1 up to the total amount provided or due for that fiscal year44 7j7 ,adjustments and refunds ,section #aaa;,a of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agba;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#c7 to read as follows3 7#c7 7,a7 ,an adjustment or a request for a refund for an obligation may be made after the adjustment period only upon written notice to and approval by the ,secretary or the applicable delegated ,state1 as appropriate1 during an audit of the period which includes the production month for which the adjustment is being made4 7,b7 ,except as provided in subparagraph 7,c71 no adjustment may be made with respect to an obligation after the completion of an audit or compliance review of such obligation unless such adjustment is approved by the ,secretary or the applicable delegated ,state1 as appropriate4 7,c7 ,if an overpayment is identified during an audit1 the ,secretary shall allow a credit in the amount of the overpayment4 2 and 7,b7 in paragraph 7#d7-- 7i7 by striking six-year and inserting four-year2 and 7ii7 by striking period shall and inserting period may2 and 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,c71 by striking and2 7,b7 in subparagraph 7,d71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 is made within the adjustment period for that obligation4 4 7k7 ,tolling agreements and subpoenas 7#a7 ,tolling agreements ,section #aae7;d77#a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;d77#a77 is amended-- 7,a7 by striking 7with notice to the lessee who designated the designee72 and 7,b7 by adding at the end ,a tolling agreement executed by a designee shall bind both the owner of legal record title in a lease and the owner of operating rights in a lease1 and any designee4 ,the owner of the legal record title and the owner of operating rights in a lease shall be bound by the tolling agreement to the extent of their pro rata share of payment obligations under the lease44 7#b7 ,subpoenas ,section #aae7;d77#b77;,a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;d77#b77;,a77 is amended by striking 7with notice to the lessee who designated the designee1 which notice shall not constitute a subpoena to the lessee74 7l7 ,required recordkeeping for natural gas plants 7#a7 ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior shall publish final regulations with respect to required recordkeeping1 under the authority provided in section #ajc of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agac71 as amended by this ,act4 7#b7 ,section #ajc7;a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agac7;a77 is amended to read3 7a7 ,a lessee1 operator1 or other person directly involved in developing1 producing1 treating1 transporting1 processing1 purchasing1 or selling oil or gas subject to this chapter through the point of first arm's-length sale1 the point of royalty determination1 or the point that processing is complete1 whichever is later1 shall establish and maintain any records1 make any reports1 and provide any information that the ,secretary may1 by rule1 reasonably require for the purposes of implementing this chapter or determining compliance with rules or orders under this chapter4 ,upon the request of any officer or employee duly designated by the ,secretary or any ,state or ,indian ,tribe conducting an audit or investigation pursuant to this chapter1 the appropriate records1 reports1 or information which may be required by this section shall be made available for inspection and duplication by such officer or employee1 ,state1 or ,indian ,tribe4 4 7m7 ,entitlements 7#a7 ,directed rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall publish final regulations prescribing when a ,federal lessee or designee must report and pay royalties on oil and gas production for each month based on-- 7,a7 the volume of oil and gas produced from a lease or allocated to the lease in accordance with the terms of a unit or communitization agreement2 or 7,b7 the actual volume of oil and gas sold by or on behalf of the lessee4 7#b7 #ajj percent entitlement reporting and paying ,the ,secretary shall give consideration to requiring all reporting and paying based on the volume of oil and gas produced from a lease or allocated to the lease in accordance with the terms of a unit or communitization agreement without regard to the actual volume of oil and gas sold by or on behalf of a lessee4 7#c7 ,volume allocation of oil and gas production ,section #aaa7;i7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agba7;i77 is amended to read3 7i7 ,volume allocation of oil and gas production ,except as otherwise provided by this subsection-- 7,a7 a lessee or its designee of a lease in any unit or communitization agreement shall report and pay royalties on oil and gas production for each production month based on the volume of oil and gas produced from such agreement and allocated to the lease in accordance with the terms of the agreement2 and 7,b7 a lessee or its designee of a lease that is not contained in a unit or communitization agreement shall report and pay royalties on oil and gas production for each production month based on the volume of oil and gas produced from the lease unless the ,secretary promulgates a final rule to allow or require that the lessee report and pay royalties on oil and gas production for each production month based on the actual volume of production sold by or on behalf of that lessee4 4 #gjhjg4 ,hardrock mining 7a7 ,abandoned mine land cleanup ,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 appropriated #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for all activities necessary to inventory1 assess1 decommission1 reclaim1 respond to hazardous substance releases on1 and remediate abandoned locatable minerals mine land4 7b7 ,royalty 7#a7 ,in general ,except as provided in paragraph 7#b7 and subject to paragraph 7#c71 production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this ,act1 or mineral concentrates or products derived from locatable minerals from any such mining claim1 as the case may be1 shall be subject to a royalty of #h percent of the gross income from mining4 ,the claim holder or any operator to whom the claim holder has assigned the obligation to make royalty payments under the claim and any person who controls such claim holder or operator shall be liable for payment of such royalties4 7#b7 ,royalty for ,federal lands subject to approved plan of operations ,the royalty under paragraph 7#b7 shall be #d percent in the case of any ,federal land that is subject to an approved plan of operations on the date of the enactment of this ,act4 7#c7 ,federal land added to existing plans of operations ,any ,federal land added through a plan modification to a mining plan of operations that is submitted after the date of enactment of this ,act shall be subject to the royalty that applies to ,federal land under paragraph 7#a74 7#d7 ,limitation on application 7,a7 ,in general ,any royalty under this subsection shall not apply to small miners4 ,in this subparagraph1 the term small miner means a person 7including all related parties thereto7 that certifies to the ,secretary in writing that the person had annual gross income in the preceding calendar year from mineral production in an amount less than #ajj1jjj4 7,b7 ,related parties defined ,for the purposes of this paragraph1 the term related parties means1 with respect to a person-- 7i7 the spouse and all dependents 7as defined in section #aeb of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #aeb77 of the person2 or 7ii7 another person who is affiliated with the person1 including-- 7,i7 another person who controls1 is controlled by1 or is under common control with the person2 and 7,,ii7 a subsidiary or parent company or corporation of the person4 7,c7 ,control defined ,for purposes of this paragraph1 the term control includes actual control1 legal control1 and the power to exercise control1 through or by common directors1 officers1 stockholders1 a voting trust1 or a holding company or investment company1 or any other means4 7#e7 ,duties of claim holders1 operators1 and transporters 7,a7 ,regulation ,the ,secretary shall prescribe by rule the time and manner in which-- 7i7 a person who is required to make a royalty payment under this section shall make such payment2 and 7ii7 shall notify the ,secretary of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim under this section4 7,b7 ,written instrument ,any person paying royalties under this section shall file a written instrument1 together with the first royalty payment1 affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility4 7,c7 ,additional amounts ,such responsibility for the periods referred to in subparagraph 7,b7 shall include any and all additional amounts billed by the ,secretary and determined to be due by final agency or judicial action4 7,d7 ,joint and several liability ,any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the period4 7,e7 ,obligations ,a person conducting mineral activities shall-- 7i7 develop and comply with the site security provisions in the mining plan of operations designed to protect from theft the hardrock minerals1 concentrates1 or products derived therefrom that are produced or stored on the area subject to a mining claim or lease1 and such provisions shall conform with such minimum standards as the ,secretary may prescribe by rule1 taking into account the variety of circumstances on areas subject to mining claims and leases2 and 7ii7 not later than the #eth business day after production begins anywhere on an area subject to a mining claim1 or production resumes after more than #ij days after production was suspended1 notify the ,secretary1 in the manner prescribed by the ,secretary1 of the date on which such production has begun or resumed4 7,f7 ,required documentation ,the ,secretary may by rule require any person engaged in transporting a hardrock mineral1 concentrate1 or product derived therefrom to carry on his or her person1 in his or her vehicle1 or in his or her immediate control1 documentation showing1 at a minimum1 the amount1 origin1 and intended destination of the hardrock mineral1 concentrate1 or product derived therefrom in such circumstances as the ,secretary determines is appropriate4 7#f7 ,recordkeeping and reporting requirements 7,a7 ,in general ,a claim holder1 operator1 or other person directly involved in developing1 producing1 processing1 transporting1 purchasing1 or selling hardrock minerals1 concentrates1 or products derived therefrom1 subject to this section1 shall establish and maintain any records1 make any reports1 and provide any information that the ,secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section4 ,such records shall include periodic reports1 records1 documents1 and other data4 ,such reports may also include pertinent technical and financial data relating to the quantity1 quality1 composition volume1 weight1 and assay of all minerals extracted from the mining claim or lease4 7,b7 ,forfeiture ,failure by a claim holder or operator to cooperate with such an audit1 provide data required by the ,secretary1 or grant access to information may1 at the discretion of the ,secretary1 be declared void4 7,c7 ,maintenance of records ,records required by the ,secretary under this section shall be maintained for #g years after release of financial assurance unless the ,secretary notifies the operator that the ,secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period4 ,in any case when an audit or investigation is underway1 records shall be maintained until the ,secretary releases the operator of the obligation to maintain such records4 7#g7 ,audits ,the ,secretary is authorized to conduct such audits of all operators1 transporters1 purchasers1 processors1 or other persons directly or indirectly involved in the production or sale of minerals covered by this section1 as the ,secretary deems necessary for the purposes of ensuring compliance with the requirements of this section4 ,for purposes of performing such audits1 the ,secretary shall1 at reasonable times and upon request1 have access to1 and may copy1 all books1 papers and other documents that relate to compliance with any provision of this section by any person4 7#h7 ,interest and substantial underreporting assessments 7,a7 ,payments not received ,in the case of production where royalty payments are not received by the ,secretary on the date that such payments are due1 the ,secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section #ffba7;a77#b7 of the ,internal ,revenue ,code of #aihf4 ,in the case of an underpayment1 interest shall be computed and charged only on the amount of the deficiency and not on the total amount4 7,b7 ,underreporting ,if there is any underreporting of royalty owed on production for any production month by any person liable for royalty payments under this section1 the ,secretary shall assess a penalty of not greater than #be percent of the amount of that underreporting4 7,c7 ,self-reporting ,the ,secretary may waive or reduce the assessment provided in subparagraph 7,b7 if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the ,secretary that an underreporting may have occurred1 or before #ij days after the date of the enactment of this section1 whichever is later4 7,d7 ,waiver ,the ,secretary shall waive any portion of an assessment under subparagraph 7,b7 attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that-- 7i7 such person had written authorization from the ,secretary to report royalty on the value of the production on basis on which it was reported2 7ii7 such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported2 7iii7 such person previously had notified the ,secretary1 in such manner as the ,secretary may by rule prescribe1 of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting2 or 7iv7 such person meets any other exception which the ,secretary may1 by rule1 establish4 7,e7 ,definition ,for the purposes of this subsection1 the term underreporting means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported1 if the value that should have been reported is greater than the value that was reported4 7#i7 ,expanded royalty obligations ,each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all hardrock minerals1 concentrates1 or products derived therefrom lost or wasted from a mining claim when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule1 regulation1 or order issued under this section4 7#aj7 ,gross income from mining defined ,for the purposes of this section1 for any hardrock mineral1 the term gross income from mining has the same meaning as the term gross income in the ,internal ,revenue ,code of #aihf 7#bf ,c4,f4,r4 #fa74 7#aa7 ,effective date ,royalties under this section shall take effect with respect to the production of hardrock minerals after the enactment of this ,act1 but any royalty payments attributable to production during the first #ab calendar months after the enactment of this ,act shall be payable at the expiration of such #ab-month period4 7#ab7 ,failure to comply with royalty requirements ,any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section #aji of the ,federal ,oil and ,gas ,royalty ,management ,act 7#cj ,u4,s4,c4 #agai7 to the same extent as if the claim maintained in compliance with this title were a lease under such ,act4 7c7 ,reclamation fee 7#a7 ,imposition of fee ,except as provided in paragraph 7#g71 each operator conducting hardrock mineral activities shall pay to the ,secretary of the ,interior a reclamation fee of #g cents per ton of displaced material4 7#b7 ,payment deadline ,such reclamation fee shall be paid not later than #fj days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this ,act4 7#c7 ,submission of statement ,all operators conducting hardrock mineral activities shall submit to the ,secretary a statement of the amount of displaced material produced during mineral activities during the previous calendar year1 the accuracy of which shall be sworn to by the operator and notarized4 7#d7 ,penalty ,any corporate officer1 agent1 or director of a person conducting hardrock mineral activities1 and any other person acting on behalf of such a person1 who knowingly makes any false statement1 representation1 or certification1 or knowingly fails to make any statement1 representation1 or certification1 required under this section with respect to such operation shall1 upon conviction1 be punished by a fine of not more than #aj1jjj4 7#e7 ,civil action to recover fee ,any portion of such reclamation fee not properly or promptly paid pursuant to this section shall be recoverable1 with statutory interest1 from the hardrock mineral activities operator1 in any court of competent jurisdiction in any action at law to compel payment of debts4 7#f7 ,effect ,nothing in this section requires a reduction in1 or otherwise affects1 any similar fee required under any law 7including regulations7 of any ,state4 7#g7 ,exemption ,the fee under this section shall not apply for small miners4 7#h7 ,definitions 7,a7 ,the term displaced material means any unprocessed ore and waste dislodged from its location at the time hardrock mineral activities begin at a surface1 underground1 or in-situ mine4 7,b7 ,the term hardrock mineral-- 7i7 means any mineral that was subject to location under the general mining laws as of the date of enactment of this ,act1 and that is not subject to disposition under-- 7,i7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7,,ii7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 7,,iii7 the ,act of ,july #ca1 #aidg1 commonly known as the ,materials ,act of #aidg 7#cj ,u4,s4,c4 #fja et seq472 or 7,,iv7 the ,mineral ,leasing for ,acquired ,lands ,act 7#cj ,u4,s4,c4 #cea et seq472 and 7ii7 does not include any mineral that is subject to a restriction against alienation imposed by the ,united ,states and is-- 7,i7 held in trust by the ,united ,states for any ,indian or ,indian ,tribe1 as defined in section #b of the ,indian ,miner ,development ,act of #aihb 7#be ,u4,s4,c4 #baja72 or 7,,ii7 owned by any ,indian or ,indian ,tribe1 as defined in that section4 7,c7 ,the term mineral activities means any activity on a mining claim1 mill site1 or tunnel site1 or a mining plan of operations1 for1 related to1 or incidental to1 mineral exploration1 mining1 beneficiation1 processing1 or reclamation activities for any hardrock mineral4 7,d7 ,the term operator means any person authorized at the date of enactment of this ,act or proposing after the date of enactment of this ,act to conduct mineral activities under the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bb7;and any agent of such person4 7,e7 ,the term small miner means a person 7including all related parties thereto7 that certifies to the ,secretary in writing that the person had annual gross income in the preceding calendar year from mineral production in an amount less than #ajj1jjj4 7,f7 ,the term displaced material means any crude ore and waste dislodged from its location at the time hardrock mineral activities begin at a surface1 underground1 or in-situ mine4 7d7 ,claim maintenance fee 7#a7 ,hardrock mining claim maintenance fee 7,a7 ,required fees 7i7 ,for each unpatented mining claim1 mill1 or tunnel site on federally owned lands1 whether located before1 on1 or after the date of enactment of this ,act1 each claimant shall pay to the ,secretary1 on or before ,september #a of each year1 a claim maintenance fee of #bjj per claim to hold such unpatented mining claim1 mill or tunnel site for the assessment year beginning at noon on the next day1 ,september #a4 7ii7 ,for each unpatented placer mining claim on federally owned lands1 whether located before1 on1 or after the date of enactment of this ,act1 each claimant shall pay to the ,secretary1 on or before ,september #a of each year1 a claim maintenance fee of #bjj for each #bj acres of the placer claim or portion thereof4 7iii7 ,such claim maintenance fee described in this section shall be in lieu of the assessment work requirement contained in the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 and the related filing requirements contained in section #cad 7a7 and 7c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd 7a7 and 7c774 7iv7 ,the claim maintenance fee in this section shall be paid for the year in which the location is made1 at the time the location notice is recorded with the ,bureau of ,land ,management4 7,b7 ,fee adjustments 7i7 ,the ,secretary shall provide claimants notice of any adjustment made under this subsection not later than ,july #a of any year in which the adjustment is made4 7ii7 ,a fee adjustment under this subsection shall begin to apply the first assessment year which begins after adjustment is made4 7,c7 ,exception for small miners ,the claim maintenance fee required under this section may be waived for a claimant who certifies in writing to the ,secretary that on the date the payment was due1 the claimant and all related parties-- 7i7 held not more than #aj mining claims1 mill sites1 or tunnel sites1 or any combination thereof1 on public lands2 and 7ii7 have performed assessment work required under the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh-bh;e7 to maintain the mining claims held by the claimant and such related parties for the assessment year ending on noon of ,september #a of the calendar year in which payment of the claim maintenance fee was due4 7#b7 ,co-ownership ,the co-ownership provisions of the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh et seq47 shall remain in effect except that the annual claim maintenance fee1 where applicable1 shall replace applicable assessment requirements and expenditures4 7#c7 ,failure to pay ,failure to timely pay the claim maintenance fee as required by the ,secretary shall conclusively constitute a forfeiture of the unpatented mining claim1 mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law4 7e7 ,funding to prevent environmental 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 except that no amounts may be expended after ,september #cj1 #bjca1 to revise rules and regulations to prevent undue degradation of public lands due to hardrock mining activities as authorized by the ,federal ,land ,policy and ,management ,act 7#dc ,u4,s4,c4 #agja7 and the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bb74 ,i ,office of ,native ,hawaiian ,relations #gjija4 ,native ,hawaiian consultation ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,native ,hawaiian ,relations for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the purposes of conducting consultations with the ,native ,hawaiian people4 #gjijb4 ,native ,hawaiian climate resilience ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,native ,hawaiian ,relations for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 through direct expenditure1 contracts1 grants1 and cooperative agreements to provide funding and technical assistance for climate resilience and adaptation programs that serve the ,native ,hawaiian people4 ,j ,accountability for funds #gajja4 ,oversight ,one half of one percent of the amounts made available under this title in each of fiscal years #bjbb through #bjca shall be used for the oversight and accountability of the expenditure of funds4 #gajjb4 ,limitation ,of the funds provided under sections #gjcja1 #gjcjc1 #gjcaj1 #gjejd1 #gjeje1 #gjejf1 #gjejg1 #gjejh1 #gjeaj1 #gjeab1 #gjeac1 #gjead1 #gjfja1 #gjfjb1 #gjfjc1 #gjfji1 and #gjfaj1 no more than #b percent shall be used for administrative costs to carry out such sections4 #gajjc4 ,limitation ,no funds made available under this title may be used to close the national office of the ,bureau of ,land ,management located in ,grand ,junction1 ,colorado4 ,,viii ,committee on ,oversight and ,reform #hjjja4 ,general ,services ,administration clean vehicle fleet ,in addition to amounts otherwise available1 there is appropriated to the ,general ,services ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj1 to remain available until expended1 for the procurement of electric vehicles and related infrastructure for the ,federal fleet 7excluding any vehicles of the ,united ,states ,postal ,service and including non-tactical vehicles of the ,department of ,defense71 and the management1 acquisition1 and allocation of such electric vehicles and infrastructure and working with ,federal agencies to allocate and lease resources as necessary4 #hjjjb4 ,general ,services ,administration ,office of the ,inspector ,general clean vehicle fleet oversight ,in addition to amounts otherwise available1 there is appropriated to the ,office of the ,inspector ,general of the ,general ,services ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1ejj1jjj1 to remain available until expended1 for oversight of the procurement of electric vehicles and related infrastructure for the ,federal fleet at the ,general ,services ,administration4 #hjjjc4 ,united ,states ,postal ,service2 clean vehicle fleet and facility maintenance ,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 #g1jjj1jjj1jjj1 to remain available until expended1 to be deposited into the ,postal ,service ,fund established under section #bjjc of title #ci1 ,united ,states ,code1 to acquire electric vehicles for the ,postal ,service fleet1 of which #c1jjj1jjj1jjj shall be for the purchase of electric delivery vehicles and #d1jjj1jjj1jjj shall be for the purchase of the related infrastructure to support such vehicles4 #hjjjd4 ,united ,states ,postal ,service ,office of the ,inspector ,general clean vehicle fleet procurement oversight ,in addition to amounts otherwise available1 there is appropriated to the ,office of the ,inspector ,general of the ,united ,states ,postal ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bc1jjj1jjj1 to remain available until expended1 to be deposited into the ,postal ,service ,fund established under section #bjjc of title #ci1 ,united ,states ,code1 to perform oversight of the ,united ,states ,postal ,service's acquisition and deployment of electric vehicles and such infrastructure as may be required to support such vehicles4 #hjjje4 ,national ,archives and ,records ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,national ,archives and ,records ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fj1jjj1jjj to remain available until expended to address backlogs in responding to requests from veterans for military personnel records1 improve cyber security1 improve digital preservation and access to archival ,federal records1 and address backlogs in requests made under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 ,such amounts may also be used for the ,federal ,records ,center ,program4 #hjjjf4 ,funding for ,government ,accountability ,office ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until expended1 for the ,comptroller ,general to conduct oversight of the receipt1 disbursement1 and use of funds and exercise of authorities provided by this ,act1 including oversight of the equitable distribution and use of funds and their economic1 social1 and environmental impacts1 and to prepare such reports that the ,comptroller ,general determines appropriate4 #hjjjg4 ,funding for the ,office of ,management and ,budget for implementation of ,justice#dj ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,management and ,budget for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1jjj1jjj to remain available until ,september #cj1 #bjbf1 for additional personnel and data management expenses to support implementation of the ,justice#dj ,initiative set forth in section #bbc of ,executive ,order ,no4 #adjjh1 ,executive ,order on ,tackling the ,climate ,crisis at ,home and ,abroad 7,january #bg1 #bjba71 including providing assistance to other agencies in the development and implementation of methodologies to measure benefits1 the development of a database to track agency benefits to disadvantaged communities1 and a public-facing scorecard detailing agency environmental justice performance measures4 #hjjjh4 ,district of ,columbia clean vehicle fleet ,in addition to amounts otherwise available1 there is appropriated to the ,district of ,columbia for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until expended1 for the procurement of electric vehicles and related infrastructure for the ,district of ,columbia and the management and acquisition of such electric vehicles and infrastructure4 #hjjji4 ,funding for ,technology ,modernization ,fund ,in addition to amounts otherwise available1 there is appropriated to the ,technology ,modernization ,fund for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca4 #hjjaj4 ,funding for ,general ,services ,administration ,federal ,citizen ,services ,fund ,in addition to amounts otherwise available1 there is appropriated to the ,general ,services ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to be deposited in the ,federal ,citizen ,services ,fund4 #hjjaa4 ,funding for ,information ,technology ,oversight and ,reform 7,,itor7 account ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,management and ,budget's ,information ,technology ,oversight and ,reform 7,,itor7 account within the ,executive ,office of the ,president for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cej1jjj1jjj1 to remain available until ,september #cj1 #bjca4 ,,ix ,committee on ,science1 ,space1 and ,technology #ijjja4 ,department of ,commerce regional innovation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for planning and establishment of regional innovation initiatives pursuant to the ,stevenson-,wydler ,act1 and for related administrative expenses4 ,of the funds provided by this section for regional innovation initiatives1 no fewer than one-third of grants or cooperative agreements awarded shall significantly benefit a ,state that is eligible to receive funding from the ,established ,program to ,stimulate ,competitive ,research of the ,national ,science ,foundation or a rural or other underserved community4 #ijjjb4 ,funding for ,department of ,energy laboratory infrastructure 7a7 ,office of ,science appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy ,office of ,science for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1cia1hjd1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out laboratory infrastructure projects1 including-- 7#a7 #g1ghj1eff1jjj for ,construction ,projects1 of which-- 7,a7 #bbj1jjj1jjj shall be used for the ,exascale ,computing ,project2 7,b7 #dic1fjj1jjj shall be used for the ,frontier ,exascale ,computing ,system2 7,c7 #dbg1djj1jjj shall be used for the ,aurora ,exascale ,computing ,system2 7,d7 #aee1djj1jjj shall be used for upgrades to the ,national ,energy ,research ,scientific ,computing ,center2 7,e7 #ch1faf1jjj shall be used for the ,energy ,sciences ,network2 7,f7 #aeg1jjj1jjj shall be used for the ,advanced ,photon ,source ,upgrade2 7,g7 #gbi1hjj1jjj shall be used for the ,spallation ,neutron ,source ,proton ,power ,upgrade and ,second ,target ,station2 7,h7 #ccg1fjj1jjj shall be used for the ,advanced ,light ,source ,upgrade2 7,i7 #dgb1hej1jjj shall be used for the ,linac ,coherent ,light ,source-,,ii1 including the ,high ,energy ,upgrade2 7,j7 #hf1jjj1jjj shall be used for the ,cryomodule ,repair and ,maintenance ,facility2 7,k7 #be1jjj1jjj shall be used for the ,high ,flux ,isotope ,reactor ,pressure ,vessel ,replacement2 7,l7 #a1cbe1jjj1jjj shall be used for ,united ,states contributions to the ,,iter project as authorized in section #igb7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcab7;c772 7,m7 #bab1cjj1jjj shall be used for the ,matter in ,extreme ,conditions ,upgrade2 7,n7 #eha1jjj1jjj shall be used for the ,proton ,improvement ,plan-,,ii project2 7,o7 #a1cjj1jjj1jjj shall be used for the ,long ,baseline ,neutrino ,facility_/,deep ,underground ,neutrino ,experiment2 7,p7 #ac1jjj1jjj shall be used for the ,muon to ,electron ,conversion ,experiment2 7,q7 #hjf1jjj1jjj shall be used for the ,electron ,ion ,collider2 7,r7 #bac1jjj1jjj shall be used for the ,oak ,ridge ,national ,laboratory ,radioisotope ,processing ,facility2 and 7,s7 #ahg1jjj1jjj shall be used for the ,united ,states ,stable ,isotope ,production and ,research ,center2 7#b7 #a1dgj1bch1jjj for ,major ,items of ,equipment1 of which-- 7,a7 #cjb1jjj1jjj shall be used for the ,high ,performance ,data ,facility2 7,b7 #ij1jjj1jjj shall be used for the ,nanoscale ,science ,research ,center ,recapitalization project2 7,c7 #hc1ejj1jjj shall be used for the ,national ,synchrotron ,light ,source-,,ii ,experimental ,tools ,,ii project2 7,d7 #ei1bjj1jjj shall be used for the ,material ,plasma ,exposure ,experiment2 7,e7 #efg1hge1jjj shall be used for such projects for the ,high ,energy ,physics program1 including-- 7i7 #bcg1jjj1jjj for the ,cosmic ,microwave ,background-,stage #d experiment2 and 7ii7 #bbc1hge1jjj for upgrades to the ,large ,hadron ,collider2 and 7,f7 #cfg1ffc1jjj shall be used for such projects for the ,nuclear ,physics program1 including #bab1ejj1jjj for the ,ton-,scale ,neutrinoless ,double ,beta ,decay experiment2 and 7#c7 #a1ada1jjj1jjj for ,science ,laboratories ,infrastructure1 of which-- 7,a7 #aaa1ejj1jjj shall be used for such projects at the ,oak ,ridge ,national ,laboratory2 7,b7 #aae1jjj1jjj shall be used for such projects at the ,thomas ,jefferson ,national ,accelerator ,facility2 7,c7 #aej1djj1jjj shall be used for such projects at the ,princeton ,plasma ,physics ,laboratory2 7,d7 #bi1hej1jjj shall be used for such projects at the ,ames ,laboratory2 7,e7 #ij1jjj1jjj shall be used for such projects at the ,brookhaven ,national ,laboratory2 7,f7 #bfe1jjj1jjj shall be used for such projects at the ,lawrence ,berkeley ,national ,laboratory2 7,g7 #aeb1jjj1jjj shall be used for such projects at the ,,slac ,national ,accelerator ,laboratory2 7,h7 #ajj1jjj1jjj shall be used for such projects at the ,argonne ,national ,laboratory2 and 7,i7 #abg1bej1jjj shall be used for such projects at the ,fermi ,national ,accelerator ,laboratory4 7b7 ,energy efficiency and renewable energy appropriation ,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 #cdi1bjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out laboratory infrastructure projects1 of which-- 7#a7 #afc1jjj1jjj shall be used for the ,energy ,materials and ,processing at ,scale project2 7#b7 #if1bjj1jjj shall be used for the ,advanced ,research in ,integrated ,energy ,systems initiative2 and 7#c7 #ij1jjj1jjj shall be used for high-performance computing equipment and infrastructure4 7c7 ,nuclear energy appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy ,office of ,nuclear ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #djh1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out laboratory infrastructure projects1 of which-- 7#a7 #ff1jjj1jjj shall be used for the ,sample ,preparation ,laboratory2 7#b7 #abe1jjj1jjj shall be used for the ,advanced ,test ,reactor and ,materials and ,fuel ,complex ,plant ,health projects2 7#c7 #abb1jjj1jjj shall be used for the ,advanced ,test ,reactor ,recapitalization project2 and 7#d7 #ie1jjj1jjj shall be used for the ,versatile ,test ,reactor as authorized in section #iee of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbge74 7d7 ,fossil energy and carbon management appropriation ,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 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities to support high-performance computing equipment and infrastructure4 7e7 ,general laboratory infrastructure ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jhj1iif1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities to support infrastructure at ,department of ,energy ,national ,laboratories for civilian research and development purposes1 including ,general ,plant ,projects and ,general ,plant ,equipment1 of which-- 7#a7 not less than #cgg1cja1jjj shall be available to the ,office of ,science2 7#b7 not less than #bji1hjj1jjj shall be available to the ,office of ,energy ,efficiency and ,renewable ,energy2 7#c7 not less than #dj1jjj1jjj shall be available to the ,office of ,nuclear ,energy2 7#d7 not less than #aij1jjj1jjj shall be available to the ,office of ,fossil ,energy and ,carbon ,management2 and 7#e7 not less than #ajb1bjj1jjj shall be available to the ,office of ,environmental ,management4 #ijjjc4 ,department of ,energy research1 development1 and demonstration activities 7a7 ,office of ,science appropriations ,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 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out research and development activities4 ,of the funds provided by this section3 7#a7 ,computational ,science ,graduate ,fellowship #aaf1jjj1jjj shall be used to carry out the ,department of ,energy ,computational ,science ,graduate ,fellowship program4 7#b7 ,quantum ,user ,expansion for ,science and ,technology #cdj1jjj1jjj shall be used to carry out activities to facilitate access of researchers to ,united ,states quantum computing facilities for research purposes as part of the program authorized in title ,,iv of the ,national ,quantum ,initiative ,act 7#ae ,u4,s4,c4 #hhea et seq474 7#c7 ,low-dose radiation research #ahj1jjj1jjj shall be used to carry out the activities of the low-dose radiation research program authorized in section #cjf7;c7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfdd7;c774 7#d7 ,fusion materials research and development #bej1jjj1jjj shall be used to carry out the activities of the fusion materials research and development program authorized in section #cjg7;b7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;b774 7#e7 ,inertial fusion research and development #adj1jjj1jjj shall be used to carry out the activities of the program of research and technology development in inertial fusion for energy applications authorized in section #cjg7;d7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;d774 7#f7 ,alternative and enabling fusion energy concepts #bge1jjj1jjj shall be used to carry out the activities of the alternative and enabling fusion energy concepts program authorized in section #cjg7;e7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;e774 7#g7 ,milestone-based fusion energy development program #cbe1jjj1jjj shall be used to carry out the activities of the milestone-based fusion energy development program authorized in section #cjg7;i7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;i774 7#h7 ,fusion reactor system design #bej1jjj1jjj shall be used 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;j774 7b7 ,energy efficiency and renewable energy appropriation 7#a7 ,demonstration projects ,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 #a1ajg1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out demonstration projects1 including demonstration of advanced-- 7,a7 wind energy technologies as authorized in section #cjjc of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg72 7,b7 solar energy technologies as authorized in section #cjjd of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch71 including technologies and processes to encourage the domestic production of materials1 semiconductors1 and other components at all stages of the solar supply chain2 7,c7 geothermal technologies as authorized in section #fae of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaid72 7,d7 water power technologies as authorized in sections #fcd and #fce of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac et al472 7,e7 vehicle technologies2 7,f7 bioenergy technologies1 including biofuels2 and 7,g7 building technologies4 7#b7 ,clean energy manufacturing innovation institute ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,energy ,efficiency and ,renewable ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities to support one new ,clean ,energy ,manufacturing ,innovation ,institute4 7c7 ,nuclear energy appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy ,office of ,nuclear ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #eb1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out the activities of the research reactor infrastructure program as authorized in section #ied7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7;a774 7d7 ,fossil energy and carbon management appropriation ,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 7e7 ,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 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 to support programs across the ,department's civilian research1 development1 demonstration1 and commercial application activities4 7f7 ,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 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,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 title4 #ijjjd4 ,environmental ,protection ,agency climate change research and development ,in addition to amounts otherwise made available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bfd1jjj1jjj to remain available until ,september #cj1 #bjbf1 to conduct environmental research and development activities related to climate change1 including related administrative expenses4 ,the amounts made available in this section shall be used for the purposes of-- 7#a7 conducting further research on mitigation of climate forcing emissions1 adaptation to reduce the impacts of climate change1 and approaches to build resilience to climate change2 7#b7 providing increased support for evidence-based regional and community climate adaptation and resilience actions1 including development of a grants-based regional climate science network2 7#c7 conducting further social science research to upgrade the utilization and efficacy of scientific tools to mitigate1 adapt1 and build resilience to the impacts of climate change2 7#d7 increasing engagement capacity with frontline communities with environmental justice concerns in translating1 utilizing1 and evaluating scientific research results2 7#e7 conducting further research to improve understanding of impacts of decarbonized energy sources compared to existing energy sources1 including cumulative impacts of pollution from existing sources2 7#f7 conducting further research to improve understanding of the impacts of the transition to decarbonized energy1 transportation1 and building sectors on frontline communities2 7#g7 conducting further research to improve understanding of impacts of climate change1 including cumulative impacts of pollution exposure1 in communities that face disproportionate impacts from energy transitions2 and 7#h7 providing increased support to conduct further environmental research and development activities on climate change that the ,administrator deems appropriate4 #ijjje4 ,federal ,emergency ,management ,agency assistance to firefighters grants ,in addition to amounts otherwise available1 there is appropriated to the ,federal ,emergency ,management ,agency for ,fiscal ,year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf1 #gih1jjj1jjj1 for ,assistance to ,firefighters ,grants pursuant to the ,federal ,fire ,prevention and ,control ,act of #aigd3 ,provided1 ,that #gah1jjj1jjj of such amount shall be available for ,assistance to ,firefighters ,grants for fire and ,,ems department facility construction1 upgrades1 and modifications1 and for related administrative expenses3 ,provided further1 ,that #hj1jjj1jjj of such amount shall be available for ,assistance to ,firefighters ,grants for ,,pfas-free personal protective equipment and ,,pfas-free firefighting foam1 and for related administrative expenses4 #ijjjf4 ,firefighter grant oversight ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,homeland ,security for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for oversight by the ,department of ,homeland ,security ,office of ,inspector ,general of the activities for which funding is appropriated in section #ijjje4 #ijjjg4 ,national ,aeronautics and ,space ,administration infrastructure ,in addition to amounts otherwise made 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 #d1jjj1jjj1jjj to remain available until ,september #cj1 #bjbf1 for repair1 recapitalization1 and modernization of physical infrastructure and facilities1 including related administrative expenses1 consistent with the responsibilities authorized under section #caejb of title #ea1 ,united ,states ,code1 on maintenance of facilities and section #caejc of title #ea1 ,united ,states ,code1 on laboratory productivity4 #ijjjh4 ,national ,aeronautics and ,space ,administration climate change research and development ,in addition to amounts otherwise made 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 #chh1jjj1jjj to remain available until ,september #cj1 #bjbf1 of which #he1jjj1jjj shall be for research and development on subseasonal to seasonal models and observations1 climate resilience and sustainability1 and airborne instruments1 campaigns1 and surface networks to understand1 observe1 and mitigate global climate change and its impacts1 including related administrative expenses1 authorized under section #fjeja of title #ea1 ,united ,states ,code1 and research and development activities on upper atmospheric research authorized under sections #bjafa1 #bjafc1 and #bjafd of title #ea1 ,united ,states ,code2 #bh1jjj1jjj shall be for investments in data management and processing to support research1 development1 and applications to understand1 observe1 and mitigate the global climate change and its impacts consistent with the responsibilities authorized under section #fjejf of title #ea1 ,united ,states ,code2 #ej1jjj1jjj shall be for research and development to support the wildfire community and improve wildfire fighting operations1 including the ,scalable ,traffic ,management for ,emergency ,response ,operations project2 and #bbe1jjj1jjj shall be for advancing aeronautics research and development on sustainable aviation1 including sustainable aviation biofuels1 including related administrative expenses1 consistent with the responsibilities authorized under sections #djgja and #djgjb of title #ea1 ,united ,states ,code4 #ijjji4 ,national ,aeronautics and ,space ,administration oversight and cybersecurity ,in addition to amounts otherwise made 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 #g1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for information technology security and cybersecurity activities for which funding is appropriated under sections #ijjjg and #ijjjh4 ,in addition to amounts otherwise made 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 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for the ,office of ,inspector ,general to provide oversight over the management of funds appropriated under sections #ijjjg and #ijjjh4 #ijjaj4 ,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 appropriated1 #a1aie1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for scientific and technical research pursuant to the ,national ,institute of ,standards and ,technology ,act1 for artificial intelligence 7including ,,ai safety and control71 cybersecurity1 quantum information science and technology1 biotechnology1 communications technologies1 advanced manufacturing1 resilience to natural hazards including wildfires1 greenhouse gas and other climate-related measurement1 and for related administrative expenses3 ,provided1 ,that #aej1jjj1jjj shall be available for cybersecurity research and activities4 #ijjaa4 ,national ,institute of ,standards and ,technology supporting ,american manufacturing 7a7 ,in general ,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 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 of which-- 7#a7 #a1jjj1jjj1jjj shall be for the ,hollings ,manufacturing ,extension ,partnership as authorized by sections #be and #bf of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk2 #bghl71 including related administrative expenses2 7#b7 #hej1jjj1jjj shall be to provide funds1 through existing programs1 for advanced manufacturing research1 development1 and testbeds1 including related administrative expenses2 and 7#c7 #aej1jjj1jjj shall be for the creation of a new ,manufacturing ,,usa ,institute that is focused on semiconductor manufacturing4 7b7 ,limitation ,amounts provided under subsection 7a77#a7 shall not be subject to cost share requirements under section #be7;e77#b7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk7e77#b774 ,the authority made available pursuant to this preceding sentence shall be elective for any ,manufacturing ,extension ,partnership ,center that also receives funding from a ,state that is conditioned upon the application of a ,federal cost sharing requirement4 #ijjab4 ,national ,institute of ,standards and ,technology research facilities ,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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for necessary expenses as authorized by sections #ac through #ae of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;c-#bgh;e7 for construction of new research facilities1 including architectural and engineering design1 and for renovation and maintenance of existing facilities4 #ijjac4 ,national ,institute of ,standards and ,technology oversight ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for oversight by the ,department of ,commerce ,office of ,inspector ,general of ,national ,institute of ,standards and ,technology activities for which funding is appropriated in this title4 #ijjad4 ,national ,oceanic and ,atmospheric ,administration weather1 ocean1 and climate research and forecasting ,in addition to amounts otherwise made 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 #a1bdj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out the provisions of the ,weather ,research and ,forecasting ,innovation ,act 7#ae ,u4,s4,c4 #heja et seq471 the ,national ,integrated ,drought ,information ,system ,act 7#ae ,u4,s4,c4 #cac;d71 the ,national ,climate ,program ,act 7#ae ,u4,s4,c4 #bija-bijh471 the ,harmful ,algal ,bloom and ,hypoxia ,research and ,control ,act 7#cc ,u4,s4,c4 #djja-djaj71 the ,federal ,ocean ,acidification ,research and ,monitoring ,act 7#cc ,u4,s4,c4 #cgja-cgjh71 title ,,iii of the ,america ,,competes ,act 7#cc ,u4,s4,c4 #hic1 #hic;a1 #hic;b1 and #hic;c71 and the ,weather ,service ,organic ,act 7#ae ,u4,s4,c4 #cac et seq474 ,the amounts in this section shall be used for the purposes of-- 7#a7 increasing the understanding1 and predictive and forecasting capabilities1 of weather and climate phenomena including1 but not limited to1 hurricanes1 tornadoes1 drought1 wildland fires and associated fire weather1 extreme precipitation1 extreme heat and extreme heat events1 flooding1 and other severe weather1 and their impacts2 7#b7 increasing marine research capacity and the understanding of the impacts of climate change on ocean processes and phenomena including1 but not limited to1 ocean acidification1 harmful algal blooms1 hypoxia and deoxygenation1 sea level change1 and ocean warming2 7#c7 enhancing weather1 ocean1 climate1 and other environmental observations1 research1 data1 data assimilation1 and modeling2 7#d7 facilitating successful transition of research into operations and operations to research1 including social science for improved decision support services2 7#e7 acquiring related high-performance computing1 data management1 and storage assets2 and 7#f7 developing1 leveraging1 and employing new capabilities1 technologies and instruments1 including dissemination and processing4 #ijjae4 ,national ,oceanic and ,atmospheric ,administration climate adaptation and resilience activities 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 #gfe1jjj1jjj to remain available until ,september #cj1 #bjbf1 to carry out the provisions of the ,national ,climate ,program ,act 7#ae ,u4,s4,c4 #bija-bijh71 the ,weather ,research and ,forecasting ,innovation ,act 7#ae ,u4,s4,c4 #heja et seq471 title ,,iii of the ,america ,,competes ,act 7#cc ,u4,s4,c4 #hic1 #hic;a1 #hic;b1 and #hic;c71 the ,national ,integrated ,drought ,information ,system ,act 7#ae ,u4,s4,c4 #cac;d71 the ,weather ,service ,organic ,act 7#ae ,u4,s4,c4 #cac et seq471 the ,harmful ,algal ,bloom and ,hypoxia ,research and ,control ,act 7#cc ,u4,s4,c4 #djja-djaj71 and the ,federal ,ocean ,acidification ,research and ,monitoring ,act 7#cc ,u4,s4,c4 #cgja-cgjh7 to develop and distribute actionable climate information for communities across all ,states1 territories1 and ,tribal lands of the ,united ,states in an equitable manner1 to build climate resilience and develop a climate-ready workforce4 7b7 ,use of funds ,the amounts made available in subsection 7a7 shall be used for the following activities3 7#a7 #bfe1jjj1jjj to better enable end users1 as appropriate1 to assess the relative risk of1 determine possible adaptation and mitigation strategies for1 and make executive and budgetary decisions in response to climate impacts by-- 7,a7 increasing end user understanding of the impacts of climate change at the local and regional level2 7,b7 developing actionable climate information and accessible tools and products2 and 7,c7 providing end users with technical assistance4 7#b7 #ejj1jjj1jjj to recruit1 educate1 and train a climate-ready workforce to-- 7,a7 develop and support on-the-ground community-driven projects to enhance climate adaptation and resilience2 7,b7 support community engagement and participation in monitoring1 tracking1 and preparing for extreme events2 7,c7 support local resilience to climate impacts2 7,d7 conduct community-driven climate science2 and 7,e7 enhance the ,national ,oceanic and ,atmospheric ,administration's delivery of climate information services1 tools1 and products1 including but not limited to those developed in paragraph 7#a77;,b74 7c7 ,end users ,for the purposes of this section1 the term end users shall include-- 7#a7 ,states2 7#b7 territories2 7#c7 ,tribes2 7#d7 local governments2 7#e7 businesses2 7#f7 not-for-profit or other organizations2 and 7#g7 individuals4 7d7 ,extreme event ,for the purposes of this section1 the term extreme event refers to a time and place in which weather1 climate1 or environmental conditions1 such as temperature1 precipitation1 drought1 or flooding1 rank above a threshold value near the upper or lower ends of the range of historical measurements4 #ijjaf4 ,national ,oceanic and ,atmospheric ,administration high performance computing ,in addition to amounts otherwise made 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 #gj1jjj1jjj to remain available until ,september #cj1 #bjbf1 to procure and enhance high performance computing1 data management1 and storage capabilities1 and related facilities to enable the ,national ,oceanic and ,atmospheric ,administration to meet its mission requirements1 including related administrative expenses4 #ijjag4 ,national ,oceanic and ,atmospheric ,administration phased array radar ,in addition to amounts otherwise made 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 #bbd1jjj1jjj to remain available until ,september #cj1 #bjbf1 to carry out the provisions of the ,weather ,research and ,forecasting ,innovation ,act 7#ae ,u4,s4,c4 #heja et seq47 for research and development activities to advance the understanding of phased array radar as a potential future radar technology to improve weather forecasts4 #ijjah4 ,national ,oceanic and ,atmospheric ,administration hurricane hunter aircraft ,in addition to amounts otherwise made 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 #a1jbd1jjj1jjj to remain available until ,september #cj1 #bjbf1 to carry out the provisions of the ,weather ,research and ,forecasting ,innovation ,act 7#ae ,u4,s4,c4 #heja et seq47 for the procurement of hurricane hunters and related expenses1 and the development and acquisition of airborne phased array radar1 to prepare for fleet readiness by fiscal year #bjcj4 #ijjai4 ,national ,oceanic and ,atmospheric ,administration uncrewed systems ,in addition to amounts otherwise made 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 #ab1jjj1jjj to remain available until ,september #cj1 #bjbf1 to support uncrewed systems development and application in support of ,national ,oceanic and ,atmospheric ,administration mission priorities including oceanic and atmospheric research and research to operations1 including related administrative expenses4 #ijjbj4 ,national ,oceanic and ,atmospheric ,administration research infrastructure ,in addition to amounts otherwise made 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 #gdc1jjj1jjj to remain available until ,september #cj1 #bjbf1 to conduct deferred maintenance of meteorological1 hydrological1 climatological1 and other oceanic and atmospheric research and development or operational facilities1 and to make improvements to scientific equipment and instruments1 including related administrative expenses4 #ijjba4 ,national ,oceanic and ,atmospheric ,administration space weather ,in addition to amounts otherwise made 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 #agc1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out the provisions of the ,promoting ,research and ,observations of ,space ,weather to ,improve the ,forecasting of ,tomorrow 7,,proswift7 ,act 7#ea ,u4,s4,c4 #fjfja et seq47 by accelerating the development and delivery of instruments and spacecraft1 and prioritizing an independent launch for the ,space ,weather ,next ,lagrange point #a mission1 including related administrative expenses4 #ijjbb4 ,national ,oceanic and ,atmospheric ,administration oversight ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for oversight by the ,department of ,commerce ,office of ,inspector ,general of ,national ,oceanic and ,atmospheric ,administration activities for which funding is appropriated in this title4 #ijjbc4 ,national ,science ,foundation 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 appropriated1 #c1dcj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for research-enabling equipment1 facilities1 and infrastructure1 including mid-scale research infrastructure1 ,antarctic infrastructure modernization1 related ,federal administrative expenses and additional major research equipment and facilities construction projects approved by the ,national ,science ,board as required under section #ad of the ,national ,science ,foundation ,authorization ,act of #bjjb 7#db ,u4,s4,c4 #ahfbn-#d73 ,provided1 ,that #a1jjj1jjj1jjj shall be for activities authorized by title ,,ii of ,public ,law #ajj-egj for academic research facilities modernization1 which may include shore-side facilities for academic research vessels1 of which #cjj1jjj1jjj shall be for academic research facilities modernization at historically ,black colleges and universities1 ,hispanic serving institutions1 ,tribal colleges and universities1 and other minority serving institutions3 ,provided further1 ,that not less than #bj percent of the funds made available in this section shall be for research-enabling equipment1 facilities1 and infrastructure projects located in a ,state or territory that is eligible to receive funding from the ,established ,program to ,stimulate competitive ,research as established under section #aac of the ,national ,science ,foundation ,authorization ,act of #aihh 7#db ,u4,s4,c4 #ahfb;g743 ,provided further1 ,that #be1jjj1jjj shall be for the ,office of the ,chief of ,research ,security ,strategy and ,policy for research security activities4 #ijjbd4 ,national ,science ,foundation research and development ,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 #g1eej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 to fund or extend new and existing research awards1 scholarships1 and fellowships across all science1 technology1 engineering1 and mathematics 7,,stem7 and ,,stem education disciplines1 to fund use-inspired and translational research and development awards1 entrepreneurial education1 and technology transfer activities1 to extend existing research awards and scholarships and fellowships to aid in the recovery from ,,covid-#ai related disruptions1 and for related administrative expenses3 ,provided1 ,that #djj1jjj1jjj shall be available for climate change research1 including relating to wildfires3 ,provided further1 ,that #gjj1jjj1jjj shall be available for research and related activities at historically ,black colleges and universities1 ,tribal colleges and universities1 ,hispanic serving institutions1 and other minority serving institutions4 #ijjbe4 ,national ,science ,foundation oversight ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,national ,science ,foundation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 except that no amounts may be expended after ,september #cj1 #bjca1 for oversight1 investigations1 and audits of programs1 grants1 and projects carried out by the ,national ,science ,foundation using funds under this title4 #ijjbf4 ,wage rate requirements 7a7 ,in general ,notwithstanding any other provision of law1 all laborers and mechanics employed by contractors and subcontractors on any project funded directly or assisted in whole or in part by the ,federal ,government pursuant to this title shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #ijjbg4 ,forced ,labor ,prohibition ,none of the funds provided in this title may be used in awarding a contract1 subcontract1 grant1 or loan to an entity that is listed pursuant to section #i7;b77#c7 of the ,uyghur ,human ,rights ,policy ,act of #bjbj 7,public ,law #aaf-ade74 ,x ,committee on ,small ,business #ajjjja4 ,definitions ,in this title-- 7#a7 the terms ,administration and ,administrator mean the ,small ,business ,administration and the ,administrator thereof1 respectively2 and 7#b7 the term small business concern has the meaning given under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 ,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 ,administration1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj for each of fiscal years #bjbb through #bjbh 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 ,amounts appropriated by this subsection shall remain available for #c fiscal years4 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 with nonprofit entities to operate a ,federal procurement entrepreneurship training program to provide assistance to small business concerns owned and controlled by veterans regarding how to increase the likelihood of being awarded contracts with the ,federal ,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 targeted veteran populations from diverse locations2 7#b7 shall include terms under which the nonprofit entities may1 at the discretion of the ,administrator1 be required to match any ,federal funds received for the program with ,state1 local1 or private sector funds2 and 7#c7 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 veterans4 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 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for additional capital for the fund established under section #dab of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fid;c74 7b7 ,expanding surety bond program ,part ,b of title ,,iv of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fid;a et seq47 is amended-- 7#a7 in section #daa 7#ae ,u4,s4,c4 #fid;b7-- 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 entered into by a ,federal agency 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 #dab 7#ae ,u4,s4,c4 #fid;c7-- 7,a7 in subsection 7a71 in the third sentence1 by striking 1 excluding administrative expenses12 7,b7 by redesignating subsection 7b7 as subsection 7c72 and 7,c7 by inserting after subsection 7a7 the following3 7b7 ,not more than #ae percent of the amount that is in the fund described in subsection 7a7 on the first day of each fiscal year may be obligated during that fiscal year to cover costs incurred by the ,administration in connection with the management and administration of this part1 including costs related to information technology and systems1 personnel1 outreach activities1 and relevant contracts4 4 #ajjajc4 ,uplift ,accelerator ,program2 ,business ,development ,academy 7a7 ,uplift ,accelerator ,program 7#a7 ,appropriations 7,a7 ,in general ,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 #a1jjj1jjj1jjj to remain available until ,september #cj1 #bjca1 to carry out subparagraph 7,k7 of section #g7;j77#aj7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;j77#aj771 as added by this subsection2 and 7,b7 ,set aside ,of amounts made available under subparagraph 7,a71 not more than #ae percent may be used by the ,administrator for administrative expenses and costs related to monitoring and oversight4 7#b7 ,establishment ,section #g7;j77#aj7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;j77#aj77 is amended by adding at the end the following3 7,k7 ,uplift ,accelerator ,program 7i7 ,definitions ,in this subparagraph3 7,i7 ,accelerator ,the term accelerator means an organization-- 7aa7 that provides mentorship and other support to growing1 startup1 and newly established small business concerns2 and 7bb7 offers startup capital or the opportunity to raise capital from outside investors to growing1 startup1 and newly established small business concerns4 7,,ii7 ,eligible entity ,the term eligible entity means-- 7aa7 a historically black college or university2 7bb7 an institution of higher education1 as defined in section #aja of the ,higher ,education ,act of #aife1 which primarily educates students who are ,black or ,african ,american1 ,hispanic or ,latino1 ,american ,indian1 ,alaska ,native1 ,asian1 ,native ,hawaiian1 or other ,pacific ,islander2 or 7cc7 a junior or community college1 as defined in section #cab of the ,higher ,education ,act of #aife4 7,,iii7 ,eligible small business concern ,the term eligible small business concern means a small business concern-- 7aa7 located in a ,h,u,b,zone1 as defined in section #ca7;b72 7bb7 owned and controlled by a resident of a low-income community1 as defined in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf2 7cc7 owned and controlled by a resident of a low-income rural community2 7dd7 owned and controlled by 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 7ee7 owned and controlled by a ,native ,entity2 7ff7 owned and controlled by an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij2 or 7gg7 otherwise identified by the ,administrator4 7,,iv7 ,historically black college or university ,the term historically black college or university means a part ,b institution1 as defined under section #cbb of the ,higher ,education ,act of #aife4 7,v7 ,incubator ,the term incubator means an organization-- 7aa7 that provides mentorship and other support to growing1 startup1 and established small business concerns2 and 7bb7 that may provide a co-working environment or a month-to-month lease program4 7,,vi7 ,native ,entity ,the term ,native ,entity means-- 7aa7 an ,indian tribe1 including an ,alaska ,native village or ,regional or ,village ,corporation1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act2 and 7bb7 a ,native ,hawaiian organization1 as that term is defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife4 7ii7 ,use of funds ,the ,administrator is authorized to establish a competitive grant program to make grants to eligible entities to establish accelerators or incubators to support eligible small business concerns in developing-- 7,i7 business readiness1 including by providing services such as accounting1 organization1 human resources1 and legal assistance2 7,,ii7 growth readiness1 including assistance to build past performance and relationships with prime contractors2 7,,iii7 readiness to submit bids for prime contracts1 including assistance in developing skills1 conducting market research1 and drafting capability statements and proposals2 or 7,,iv7 global readiness1 including assistance in establishing long-term1 additional revenue streams outside of the ,united ,states4 7iii7 ,acquisition authorities ,the ,administrator shall identify acquisition authorities under which eligible small business concerns assisted under this subparagraph may enter into contracts or agreements with ,federal agencies4 7iv7 ,amount ,during the period beginning on the date of the enactment of this subparagraph and ending not later than #aj years after such date1 the ,administrator shall award not more than an aggregate total of #a1jjj1jjj1jjj in grants to eligible entities under this subparagraph4 4 7b7 ,business ,development ,academy 7#a7 ,appropriations 7,a7 ,in general ,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 #gbe1jjj1jjj to remain available until ,september #cj1 #bjca1 to carry out subparagraph 7,l7 of section #g7;j77#aj7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;j77#aj771 as added by this subsection4 7,b7 ,set aside ,of amounts made available under subparagraph 7,a71 not more than #ae percent may be used by the ,administrator for administrative expenses and costs related to monitoring and oversight4 7#b7 ,establishment ,section #g7;j77#aj7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;j77#aj771 as amended by subsection 7a71 is further amended by adding at the end the following3 7,l7 ,business ,development ,academy 7i7 ,definition of eligible entity ,in this paragraph1 the term eligible entity has the meaning given in subparagraph 7,k77i74 7ii7 ,use of funds ,the ,administrator is authorized to establish a competitive grant program to make grants to eligible entities to support ,program ,participants4 7iii7 ,duties of eligible entities ,an eligible entity that receives a grant under this subparagraph shall use such grant to-- 7,i7 develop and establish a foundational #ab-month executive mentoring and training program for small business concerns described in clause 7ii72 7,,ii7 recruit and enroll participants in the program described in subclause 7,i71 including by providing incentives for participation2 7,,iii7 develop certification programs for eligible entities based on proven best practices of the ,administration2 and 7,,iv7 conduct research into the effectiveness of the program described in clause 7iv77,i74 7iv7 ,amount ,during the period beginning on the date of the enactment of this subparagraph and ending not later than #aj years after such date1 the ,administrator shall award not more than an aggregate total of #gbe1jjj1jjj in grants to eligible entities under this subparagraph4 4 #ajjajd4 ,pathway to ,prime ,grant ,program 7a7 ,appropriations 7#a7 ,in general ,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 #ge1jjj1jjj to carry out subsection 7b77#a7 of section #di of the ,small ,business ,act1 as added by subsection 7b72 and 7,b7 #dej1jjj1jjj to carry out subsection 7b77#b7 of section #di of the ,small ,business ,act1 as added by subsection 7b74 7#b7 ,set aside ,of the amount made available to carry out this section for any fiscal year1 not more than #ae percent may be used by the ,administrator for administrative expenses4 7b7 ,establishment ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended-- 7#a7 by redesignating section #di 7#ae ,u4,s4,c4 #fca note7 as section #ee2 and 7#b7 by inserting after section #dh the following3 #di4 ,pathway to ,prime ,grant ,program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a historically black college or university2 or 7,b7 an institution of higher education1 as defined in section #aja of the ,higher ,education ,act of #aife1 which primarily educates students who are ,black or ,african ,american1 ,hispanic or ,latino1 ,american ,indian1 ,alaska ,native1 ,asian1 ,native ,hawaiian1 or other ,pacific ,islander4 7#b7 ,historically black college or university ,the term historically black college or university has the meaning given the term part ,b institution under section #cbb of the ,higher ,education ,act of #aife4 7#c7 ,pathway firm ,the term pathway firm means a small business concern that is-- 7,a7 a subcontractor of the ,federal ,government2 7,b7 a contractor or subcontractor of a ,state1 local1 or tribal government1 including such contractor or subcontractor for a project funded by the ,,cares ,act 7,public ,law #aaf-acf71 the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b71 or an ,act providing funds for infrastructure that is enacted during the #aagth ,congress 7as determined by the ,administrator74 7b7 ,establishment ,the ,administrator shall establish a program to assist pathway firms to become prime contractors of the ,federal ,government by-- 7#a7 making competitive grants to eligible entities to establish a national contracting and subcontracting network and database of pathway firms and grantees under paragraph 7#b7 to track and connect pathway firms with ,federal prime contracting opportunities based on the record of the pathway firm in competing for and obtaining-- 7,a7 prime contracts or contracts with ,federal1 ,state1 local1 or tribal governments2 7,b7 subcontracts with ,federal prime contractors2 and 7,c7 subcontracts from ,state1 local1 or tribal governments participating in projects funded by the ,,cares ,act 7,public ,law #aaf-acf71 the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b71 or an ,act providing funds for infrastructure that is enacted during the #aagth ,congress 7as determined by the ,administrator2 and 7#b7 making competitive grants to not fewer than #bj ,state or local governments or federally recognized ,tribal governments to-- 7,a7 participate in the national small business contracting network established in paragraph 7#a72 and 7,b7 assist pathway firms within the geographic regions served by those governments4 7c7 ,use of funds ,a recipient of a grant made under this section shall-- 7#a7 provide resources to enable pathway firms to gain the experience and capabilities necessary to compete for and obtain prime contracts2 7#b7 facilitate engagement between pathway firms and ,federal1 ,state1 local1 or tribal governments2 7#c7 work with the ,administration to ensure that prime contractors with subcontracting plans under section #h7;d7 meet the requirements of those plans2 7#d7 work with the ,administration to maximize opportunities for small business concerns to obtaining subcontracts from ,state1 local1 or tribal governments participating in projects funded by the ,,cares ,act 7,public ,law #aaf-acf71 the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b71 or an ,act providing funds for infrastructure that is enacted during the #aagth ,congress 7as determined by the ,administrator72 and 7#e7 make publicly available data to advocate for best practices and policies that promote small business concerns as prime contractors of the ,federal ,government4 4 ,b ,empowering small business creation and expansion in underrepresented communities #ajjbja4 ,grants for business incubators 7a7 ,appropriations 7#a7 ,in general ,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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out section #ej of the ,small ,business ,act1 as added by subsection 7b74 7#b7 ,set aside ,of the amounts made available under this subsection for a fiscal year1 not more than #ae percent shall be available for administrative expenses and costs related to monitoring and oversight4 7b7 ,establishment ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended by inserting after section #di1 as added by section #ajajd1 the following3 #ej4 ,grants for business incubators 7a7 ,definitions ,in this section3 7#a7 ,business incubator ,the term business incubator means an organization that-- 7,a7 provides resources1 which may include physical workspace and facilities1 to startups and established small business concerns2 7,b7 is designed to accelerate the growth and success of small business concerns through a variety of business support resources and services1 including-- 7i7 access to capital1 business education1 and counseling2 7ii7 networking opportunities2 7iii7 mentorship opportunities2 and 7iv7 other services intended to aid in developing a business4 7#b7 ,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#c7 ,eligible applicant ,the term eligible applicant means-- 7,a7 an economic development organization2 7,b7 an eligible entity1 as defined in section #g7;j77#aj77,k77i77,,ii72 7,c7 an ,,sba partner organization2 or 7,d7 any entity that provides support to startups and small business concerns1 as determined by the ,administrator4 7#d7 ,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 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 and 7,e7 is-- 7i7 owned and controlled by #a or more members of an underrepresented community2 or 7ii7 a ,native ,entity1 as defined in section #g7;j77#aj77,k77i74 7#e7 ,member of an underrepresented community ,the term member of an underrepresented community means an individual who is-- 7,a7 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 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 an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij2 7,d7 a veteran2 7,e7 an individual who completed a term of imprisonment2 or 7,f7 otherwise identified by the ,administrator4 7#f7 ,,sba partner organization ,the term ,,sba partner organization means any organization awarded financial assistance in the form of a grant1 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 7b7 ,authority ,the ,administrator may provide financial assistance on a competitive basis in the form of a grant1 prize1 cooperative agreement1 or contract for an eligible applicant to provide the services of a business incubator to eligible small business concerns4 7c7 ,use of funds ,an eligible applicant that receives assistance under this section shall support areas that serve members of an underrepresented community and provide services that shall-- 7#a7 be carried out in such areas as to provide maximum accessibility and benefits to the eligible small business concerns that the project is intended to serve2 and 7#b7 not impose or otherwise collect a fee or other compensation from eligible small business concerns in connection with such services4 7d7 ,one or more business incubators ,an eligible applicant that receives financial assistance under this section may share such assistance among one or more business incubators to expand access to resources1 information1 and best practices4 7e7 ,award amount ,an award of financial assistance under this section shall be for not more than #a1bej1jjj for each fiscal year for which the award is granted4 7f7 ,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 appropriated1 #b1jjj1jjj for each of fiscal years #bjbb through #bjca for carrying out section #ea of the ,small ,business ,act1 as added by subsection 7b74 ,amounts appropriated by this subsection shall remain available until ,september #cj1 #bjca4 7b7 ,establishment ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended by inserting after section #ej1 as added by section #ajbja of this title1 the following3 #ea4 ,office of ,native ,american ,affairs 7a7 ,definitions ,in this section3 7#a7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 7#b7 ,native ,american ,the term ,native ,american means a member of an ,indian ,tribe4 7#c7 ,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#d7 ,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 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 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 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 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 domestic and international 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 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj for each of fiscal years #bjbb through #bjca for carrying out this section4 ,amounts appropriated by this subsection shall remain available until ,september #cj1 #bjca4 7#b7 ,set aside ,of the amounts made available under this subsection for a fiscal year1 not more than #ae percent shall be available for administrative expenses related to carrying out this section4 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 7#a7 ,in general ,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 appropriated1 #b1jjj1jjj for each of fiscal years #bjbb through #bjca for carrying out subsection 7o7 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf71 as added by subsection 7b74 ,amounts appropriated by this subsection shall remain available until ,september #cj1 #bjca4 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 ,markets1 which 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 7#c7 ,administration ,the ,office of ,emerging ,markets shall be administered by a ,director1 who shall-- 7,a7 create and implement strategies and programs that provide an integrated approach to the development of small business concerns in an emerging market2 7,b7 review the effectiveness and impact of access to capital programs 7including the microloan program7 of the ,administration and recommend policies on such programs with respect to small business concerns in an emerging market2 7,c7 coordinate with the ,office of ,entrepreneurial ,development and the ,office of ,veterans ,business ,development of the ,administration to establish partnerships to advance the goal of improving the economic success of small business concerns in an emerging market2 7,d7 consult with the ,associate ,administrator of the ,office of ,field ,operations2 and 7,e7 coordinate the activities of-- 7i7 the ,,sbic ,working ,group established under section #ajdjd of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad2 7ii7 the ,office of ,native ,american ,affairs established under section #ea2 and 7iii7 the ,office of ,rural ,affairs established under section #bf4 4 #ajjbje4 ,state ,trade ,expansion ,program ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj for each of fiscal years #bjbb through #bjbe for carrying out section #bb7l7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdi7l774 ,amounts appropriated by this subsection shall remain available for #c fiscal years4 ,c ,encouraging small businesses to fully engage in the innovation economy #ajjcja4 ,growth ,accelerator ,competition 7a7 ,appropriations 7#a7 ,in general ,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 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out section #eb of the ,small ,business ,act1 as added by subsection 7b74 7#b7 ,set aside ,of the amounts made available under this subsection for a fiscal year1 not more than #e percent shall be available for administrative expenses related to carrying out this section4 7b7 ,in general ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended by inserting after section #ea1 as added by section #ajbjb of this title1 the following3 #eb4 ,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 equivalent 7as determined by the ,administrator74 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 entity1 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 frequently provides1 but is not exclusively designed to provide1 seed investment in exchange for a small amount of equity2 7,c7 works with a new small business concern for a predetermined amount of time2 7,d7 provides mentorship and instruction to small business concerns to scale businesses2 or 7,e7 offers startup capital or the opportunity to raise capital from outside investors4 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 with accessing capital and finding 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 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 to provide capital to new small business concerns directly or through the subaward of funds4 7d7 ,application ,in making awards under this section1 the ,administrator shall establish an application process and selection criteria1 which shall include-- 7#a7 assurances that the eligible entity will use such award to provide assistance for not less than #e new small business concerns each year2 7#b7 if located within #bj miles of a minority serving institution1 proof of a referral or programmatic relationship between the eligible entity and such institution2 7#c7 an assessment of the need for additional assistance for new small business concerns in the geographic area to be served by the eligible entity2 and 7#d7 other criteria1 as determined by the ,administrator4 7e7 ,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 #ajjcjb4 ,building a national innovation support ecosystem network 7a7 ,appropriations 7#a7 ,in general ,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 #bjca1 for carrying out this section-- 7,a7 #ebe1jjj1jjj to carry out subsection 7c77#a7 of this section2 and 7,b7 #aej1jjj1jjj to carry out subsection 7c77#b7 of this section4 7#b7 ,set aside ,of the amounts made available under paragraph 7#a77;,a7 of this subsection for a fiscal year1 not more than #e percent shall be available for administrative expenses related to carrying out this section4 7b7 ,definitions ,in this section3 7#a7 ,business incubator ,the term business incubator means an organization that-- 7,a7 provides resources1 which may include physical workspace and facilities1 to startups and established small business concerns2 and 7,b7 is designed to accelerate the growth and success of businesses through a variety of business support resources and services1 including-- 7i7 access to capital1 business education1 and counseling2 7ii7 networking opportunities2 7iii7 mentorship opportunities2 and 7iv7 other services intended to aid in developing a business4 7#b7 ,economic development organization ,the term economic development organization means a regional1 ,state1 tribal1 or local organization established for purposes of promoting or otherwise facilitating economic development4 7#c7 ,eligible applicant ,the term eligible applicant means-- 7,a7 an economic development organization2 7,b7 an eligible entity1 as defined in section #g7;j77#aj77,k77i7 of the ,small ,business ,act1 as added by section #ajjajc2 7,c7 a business incubator2 7,d7 a growth accelerator2 7,e7 an ,,sba partner organization1 as defined in section #ej of the ,small ,business ,act 7as added by section #ajbja of this title72 or 7,f7 any combination or collaboration of the entities described in subparagraphs 7,a7 through 7,e74 7#d7 ,eligible business ,the term eligible business means any innovative startup seeking to-- 7,a7 participate in the ,,sbir and ,,sttr programs described in section #i of the ,small ,business ,act 7#ae ,u4,s4,c4 #fch72 or 7,b7 otherwise develop1 through research and development1 or commercialize advanced technologies4 7#e7 ,growth accelerator ,the term growth accelerator has the meaning given the term in section #eb of the ,small ,business ,act1 as added by section #ajcja of this title4 7#f7 ,innovative startup ,the term innovative startup means a science1 technology1 engineering1 and math entrepreneur or small business concern that-- 7,a7 was founded or commenced a trade or business not earlier than #e years before receiving assistance under this section2 and 7,b7 has a primary focus on the development or commercialization of advanced technologies4 7#g7 ,member of an underrepresented community ,the term member of an underrepresented community has the meaning given in section #ej of the ,small ,business ,act1 as added by section #ajbja of this title4 7c7 ,establishment ,the ,administrator shall-- 7#a7 make grants or award prizes to1 or enter into contracts or cooperative agreements with1 eligible applicants to address the training1 proposal development1 mentoring1 partnering1 coordinating1 networking1 customer discovery1 and business incubator and growth accelerator needs of eligible businesses to expand and accelerate the growth of eligible businesses2 and 7#b7 facilitate fellowships and internships in the fields of science1 technology1 engineering1 and mathematics1 prioritizing members of an underrepresented community through partnerships with or supplemental grants or awards to provide opportunities at the undergraduate1 graduate1 and postdoctoral levels4 ,d ,increasing equity opportunities for small manufacturers #ajjdja4 ,increasing equity investment by the ,,sbic program 7a7 ,venture small business investment company facility 7#a7 ,appropriations ,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 to remain available until ,september #cj1 #bjca1 #i1ejj1jjj1jjj1 to be deposited into the facility established under section #cba of the ,small ,business ,investment ,act of #aieh1 as added by paragraph 7#b74 7#b7 ,establishment ,the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffa et seq47 is amended-- 7,a7 in section #ajc 7#ae ,u4,s4,c4 #ffb7-- 7i7 in paragraph 7#i77;,b77iii7-- 7,i7 in subclause 7,,ii71 by striking and at the end2 7,,ii7 in subclause 7,,iii71 by adding and at the end2 and 7,,iii7 by adding at the end the following3 7,,iv7 funds obtained from any financial institution identified under section #cjb7;b72 2 and 7ii7 in paragraph 7#aj7-- 7,i7 in subparagraph 7,a71 by adding and at the end2 and 7,,ii7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 partnership interests purchased by the ,administration1 as described in section #cba4 2 7,b7 in section #cjb7;a77#a7 7#ae ,u4,s4,c4 #fhb7;a77#a77-- 7i7 in subparagraph 7,a71 by striking or at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,c7 #bj1jjj1jjj1 adjusted every #e years for inflation1 with respect to each licensee participating in the facility under section #cba4 2 7,c7 in section #cjc7;b77#b77;,b7 7#ae ,u4,s4,c4 #fhc7;b77#b77;,b771 by striking #cej1jjj1jjj and inserting #djj1jjj1jjj2 and 7,d7 in section #cjd-- 7e7 ,notwithstanding section #caj7;c77#f71 a licensee under section #cba may1 subject to regulations to be issued by the ,administration1 invest equity capital in investment funds which-- 7#a7 are majority controlled by members of an underrepresented community 7as defined in section #ej of the ,small ,business ,act72 7#b7 receive annual assistance provided by such licensee2 or 7#c7 meet additional criteria as determined by the ,administration4 2 and 7,e7 by adding at the end the following3 #cba4 ,venture small business investment company facility 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 small business concerns identified by the ,administrator as critical4 7#b7 ,facility ,the term facility means the facility established under subsection 7b74 7#c7 ,partnership interest ,the term partnership interest means a limited partnership equity interest in a licensee purchased and held by the ,administration under this section4 7#d7 ,venture small business investment company ,the term venture small business investment company means a private equity fund-- 7,a7 that makes early-stage venture capital investments in small business concerns approved to participate in the facility by the ,administration2 and 7,b7 for which #ge percent of total financings shall be invested in covered investments1 of which not more than #cc percent of such investments are in small business concerns in infrastructure or manufacturing4 7b7 ,establishment and administration of facility 7#a7 ,in general ,the ,administrator shall establish and carry out a facility to purchase partnership interests from venture small business investment companies4 7#b7 ,administration ,the facility shall be administered by the ,administrator acting through the ,associate ,administrator described in section #bja4 7#c7 ,use of amounts ,the ,administrator shall use amounts deposited in the facility to purchase partnership interests from venture small business investment companies4 7#d7 ,bifurcation ,losses to the ,administration under this section-- 7,a7 shall not be offset by fees or any other charges on licenses not authorized by the ,administration2 7,b7 shall be borne solely by the facility2 and 7,c7 shall not be included in the calculation of the subsidy rate under section #cjc7;j74 7c7 ,licensing matters 7#a7 ,in general ,a venture small business investment company shall be licensed under section #cja7;c7 and approved by the ,administrator to issue partnership interests4 7#b7 ,consideration ,in issuing a license under paragraph 7#a71 the ,administrator shall take into consideration investment risk through criteria set by the ,administrator4 7d7 ,required investments 7#a7 ,in general ,except as described in paragraph 7#b71 a venture small business investment company shall invest solely in small business concerns4 7#b7 ,exception and waiver ,notwithstanding section #caj7;c77#f7 and subject to rules issued by the ,administrator1 a venture small business investment company may invest equity capital in venture capital funds if-- 7,a7 such venture capital funds are majority controlled by underrepresented individuals2 7,b7 not less than #ej percent of total capital of each such venture capital fund is invested in covered investments2 and 7,c7 the venture small business investment company provides annual assistance to the venture capital fund4 7e7 ,partnership interests 7#a7 ,in general ,the ,administrator may1 out of amounts available in the facility1 purchase partnership interests as described in this subsection4 7#b7 ,issuance and purchase of partnership interests 7,a7 ,in general ,the ,administrator may purchase venture equity securities issued by a venture small business investment company in an amount that does not exceed the lesser of #ajj percent of the private capital of the venture small business investment company or a lesser amount to be determined by the ,administrator4 7#c7 ,partnership interest terms ,a partnership interest purchased by the ,administrator from a venture small business investment company under this subsection shall be subject to such restrictions and limitations as the ,administrator may determine4 4 7b7 ,emerging managers program 7#a7 ,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 subsection4 7#b7 ,establishment ,the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffa et seq471 as amended by subsection 7a71 is further amended by adding at the end the following3 #cbb4 ,emerging managers program 7a7 ,definitions ,in this section3 7#a7 ,covered investments ,the term covered investments has the meaning given in section #cba4 7#b7 ,emerging manager company ,the term emerging manager company means an investment management firm that is focused on investing private equity that meets not less than #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 #ej 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 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 company4 ,the manager with substantial experience may hold a minority financial interest in the small business investment company that is to be managed by an emerging manager company4 7c7 ,licensing ,an applicant described in subsection 7b7 shall apply with 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 that is approved by the ,administrator may increase 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 ,micro,cap 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 ,micro,cap 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 ,micro,cap small business investment company license 7,a7 ,in general ,the ,administrator may issue a number of 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 fund managers 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 ,the licensee under this paragraph shall invest not less than #ej percent of the total financings of such licensee in covered investments 7as defined in section #cba71 of which not more than #cc percent of such investments are in small business concerns in infrastructure or manufacturing4 7,c7 ,timing for issuance of license ,the ,administrator shall establish policies to ensure the timely disposition and issuance of licenses under this paragraph4 7,d7 ,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 applicant4 7,e7 ,investment committee ,if a company licensed pursuant to this paragraph has investment committee members or control persons who are principals approved by the ,administration or control persons of licensed small business investment companies not licensed under this 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,f7 ,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 #aieh 7#ae ,u4,s4,c4 #fha et seq474 #ajjdjd4 ,,sbic ,working ,group 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 #b1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this section4 7b7 ,definitions ,in this section-- 7#a7 the term covered ,members means the ,chair and ,ranking ,member of-- 7,a7 the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 and 7,b7 the ,committee on ,small ,business of the ,house of ,representatives2 7#b7 the terms licensee1 small business investment company1 and underlicensed ,state have the meanings given those terms1 respectively1 in section #ajc of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffb72 7#c7 the term low-income community has the meaning given the term in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf2 7#d7 the term member of an underrepresented community has the meaning given in section #ej of the ,small ,business ,act1 as added by section #ajbja of this title4 7#e7 the term underfinanced ,state means a ,state that has below median financing1 as determined by the ,administrator2 and 7#f7 the term underserved community means-- 7,a7 a ,h,u,b,zone1 as defined in section #ca7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a7b772 7,b7 a low-income community2 or 7,c7 a low-income rural community4 7c7 ,establishment ,not later than #ij days after the date on which the covered ,members are required to submit to the ,administrator a notification that the individuals selected by the covered ,members under paragraph 7#a7 have accepted those assignments1 the ,administrator shall establish a small business investment company ,working ,group 7referred to in this section as the ,working ,group71 which shall-- 7#a7 consist of-- 7,a7 #d representatives-- 7i7 among general partners of licensees that have a demonstrated record of investing in-- 7,i7 low-income communities2 7,,ii7 businesses primarily engaged in research and development2 7,,iii7 manufacturers2 7,,iv7 businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the licensee2 and 7,v7 low-income rural communities2 and 7ii7 of whom-- 7,i7 #a shall be selected by the ,chair of the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7,,ii7 #a shall be selected by the ,ranking ,member of the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7,,iii7 #a shall be selected by the ,chair of the ,committee on ,small ,business of the ,house of ,representatives2 and 7,,iv7 #a shall be selected by the ,ranking ,member of the ,committee on ,small ,business of the ,house of ,representatives2 7,b7 #d representatives-- 7i7 from licensees1 of whom #a shall be an owner of a small business investment company or fund manager that is located in-- 7,i7 a low-income community2 7,,ii7 an underserved community2 7,,iii7 a low-income rural community2 or 7,,iv7 an underfinanced ,state2 and 7ii7 of whom-- 7,i7 #a shall be selected by the ,chair of the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7,,ii7 #a shall be selected by the ,ranking ,member of the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7,,iii7 #a shall be selected by the ,chair of the ,committee on ,small ,business of the ,house of ,representatives2 and 7,,iv7 #a shall be selected by the ,ranking ,member of the ,committee on ,small ,business of the ,house of ,representatives2 7,c7 the ,associate ,administrator for the ,office of ,investment and ,innovation of the ,administration1 who shall-- 7i7 serve as the ,chair of the ,working ,group2 and 7ii7 select not more than #d additional representatives from the ,office of ,investment and ,innovation of the ,administration to serve as representatives of the ,working ,group2 and 7,d7 #d representatives from the investment industry or academia1 or who are bank limited partners1 with expertise in developing and monitoring interventions to expand the investment industry1 of whom-- 7i7 #a shall be selected by the ,chair of the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7ii7 #a shall be selected by the ,ranking ,member of the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7iii7 #a shall be selected by the ,chair of the ,committee on ,small ,business of the ,house of ,representatives2 and 7iv7 #a shall be selected by the ,ranking ,member of the ,committee on ,small ,business of the ,house of ,representatives2 7#b7 develop recommendations regarding how the ,administrator could increase the number of-- 7,a7 applicants to become small business investment companies1 with a focus on management teams or companies located in-- 7i7 low-income communities2 7ii7 underserved communities2 and 7iii7 low-income rural communities2 and 7,b7 investments made in underfinanced ,states2 7#c7 develop recommendations for incentives for small business investment companies to-- 7,a7 invest and locate in underlicensed ,states and underfinanced ,states2 and 7,b7 invest in small business concerns1 including those owned and controlled by members of an underrepresented community1 small business concerns owned and controlled by veterans1 and small business concerns owned and controlled by women2 and 7#d7 develop recommendations for metrics of success1 and benchmarks for success1 with respect to the goals described in this section4 7d7 ,report ,not later than #a year after the date on which the ,administrator establishes the ,working ,group under subsection 7b71 the ,working ,group shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives a report that includes-- 7#a7 the recommendations of the ,working ,group2 and 7#b7 a recommended plan and timeline for implementing the recommendations described in paragraph 7#a74 7e7 ,termination ,the ,working ,group shall terminate on the date on which the ,working ,group submits the report required under subsection 7e74 ,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 #bha1jjj1jjj 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 #e1jjj1jjj for carrying out subparagraph 7,f7 of such paragraph 7#ch72 and 7#c7 #cad1jjj1jjj 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 existing business means a small business concern that has been in existence for not less than #b years on the date on which a loan is made to the small business concern under the program2 7iii7 the term new business means a small business concern that has been in existence for not more than #b years on the date on which a loan is made to the small business concern under the program2 7iv7 the term program means the ,community ,advantage ,loan ,program established under subparagraph 7,b72 7v7 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 before the date 7or later1 as determined by the ,administrator7 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 or 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 including loans made to small business concerns in underserved market 7,c7 ,requirement to make loans to underserved markets ,not less than #ej 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 approve a guarantee of 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 7,f7 ,training ,the ,administrator shall develop a training course and provide free or low-cost training to covered institutions making loans under the program4 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 #c1cfe1jjj1jjj 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 #a1ajj1jjj1jjj for administrative expenses related to carrying out such paragraph 7#ci71 including issuing interim final rules4 7b7 ,small dollar loan funding ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended by section #ajeja1 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#bf71 by inserting 7except for those collected under paragraph 7#ci77 after profits2 and 7#c7 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 ,terms 7i7 ,loan size ,notwithstanding paragraph 7#c77;,c7 of this subsection1 a loan made in accordance with this paragraph shall be-- 7,i7 except as provided in subclause 7,,ii71 not more than #aej1jjj2 or 7,,ii7 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 ,other terms 7i7 ,in general ,not later than #ij days after the date of the enactment of this paragraph1 the ,administrator shall issue interim final rules relating to the underwriting criteria1 interest rate1 maturity1 and other terms of a loan made in accordance with this paragraph and revising any other rules necessary to carry out this paragraph4 7ii7 ,repayment ,not later than #ij days after the date of the enactment of this paragraph1 the ,administrator shall issue rules to allow reasonable assurance of repayment of a loan made in accordance with this paragraph1 including reasonable assurance of repayment from the assets converting to cash to be the sole and primary form of repayment under 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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out 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 #ejj1jjj1jjj1 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 #ajejb1 is 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;,a72 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 are 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 #ajjeje4 ,funding for direct debentures 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 #b1aah1jjj1jjj for carrying out subsection 7j7 of section #ejc of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fig71 as added by subsection 7b72 and 7#b7 #fbh1jjj1jjj for administrative expenses related to carrying out such subsection 7j71 including issuing interim final rules4 7b7 ,direct debentures ,section #ejc of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fig7 is amended by adding at the end the following3 7j7 ,direct debentures 7#a7 ,definitions ,in this subsection-- 7,a7 the term direct debenture means a debenture guaranteed by the ,administrator under the authority under paragraph 7#b72 7,b7 the term eligible entity means-- 7i7 a small business concern in an underserved market2 7ii7 a small government contractor2 or 7iii7 a small manufacturer2 7,c7 the term renewable energy equipment-- 7i7 means such equipment as the ,administrator may designate as renewable energy equipment2 and 7ii7 includes solar panels1 wind turbines1 and battery storage2 7,d7 the term small business concern in an underserved market has the meaning given in section #g7;a77#ch7 of the ,small ,business ,act2 7,e7 the term small government contractor means a small business concern that is performing a government contract2 and 7,f7 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 ,authority ,except as otherwise provided in this subsection1 the ,administrator may guarantee the timely payment of all principal and interest as scheduled under this subsection on a debenture issued by any qualified ,state or local development company under the same terms1 conditions1 and processes as a guarantee made under the authority under subsection 7a77#a74 7#c7 ,use of proceeds ,the proceeds of a direct debenture-- 7,a7 for a small business concern that is an eligible entity1 may be used for any purpose for which a loan under section #ejb may be used1 including to acquire renewable energy equipment and for working capital2 and 7,b7 for a small business concern that is not an eligible entity1 may be used to acquire renewable energy equipment4 7#d7 ,maximum loan amount 7,a7 ,in general ,a direct debenture shall be in an amount not more than #f1ejj1jjj4 7,b7 ,cost of project ,the amount of the proceeds of a direct debenture may not exceed the amount equal to #ajj percent of the cost of the project for which the proceeds are to be used4 7#e7 ,criteria for assistance 7,a7 ,no community injection funds required ,compliance with subparagraph 7,b7 of section #ejb7;a77#c7 shall not be required for a direct debenture4 7,b7 ,funding from small business concern ,a small business concern receiving funds under a direct debenture-- 7i7 for a direct debenture used for working capital1 is not required to provide funds toward the total cost of the project financed2 7ii7 for a direct debenture used for renewable energy equipment1 may provide not more than #aj percent of the total cost of the project financed2 and 7iii7 for a direct debenture used for any other eligible purpose1 shall provide not less than #e percent of the total cost of the project financed4 7#f7 ,fees ,with respect to each debenture made in accordance with this paragraph1 in addition to other fees authorized under this section1 the ,administrator1 an authorized third party1 or an agent may-- 7,a7 impose1 collect1 retain1 and utilize fees1 which shall be charged to the borrower1 to cover any costs associated with referring applications or originating1 underwriting1 making1 disbursing1 closing1 and servicing1 or liquidating the loan1 including any central servicing agent costs1 other program or contract costs1 or other agent administrative expenses2 7,b7 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 7,c7 establish fees that may be charged by interim lenders for interim financing provided in connection with a direct debenture1 including 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#g7 ,interim financing ,nothing in this subsection shall be construed to restrict the ability of a ,state or local development company to use a third party lender or another lender to provide interim financing for all project costs except the borrower's contribution1 in accordance with section #abj4hij of title #ac1 ,code of ,federal ,regulations1 or any successor thereto1 in connection with providing a direct debenture to a small business concern4 7#h7 ,other terms 7,a7 ,in general ,not later than #ij days after the date of the enactment of this paragraph1 the ,administrator shall issue interim final rules relating to the underwriting criteria1 interest rate1 maturity1 collateral1 servicing1 and other terms or project requirements of a direct debenture made in accordance with this subsection and revising any other rules necessary to carry out this subsection4 7,b7 ,repayment ,not later than #ij days after the date of the enactment of this subsection1 the ,administrator shall issue rules to allow reasonable assurance of repayment of a direct debenture1 including reasonable assurance of repayment from the assets converting to cash to be the primary form of repayment under this subsection4 4 7c7 ,calculation of job creation requirement ,section #eja7;e77#d7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie7;e77#d77 is amended to read as follows3 7#d7 ,loans for projects of small manufacturers and direct debenture loans under section #ejc7;j7 shall be excluded from calculations under paragraph 7#b7 or 7#c7 of this subsection4 4 ,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 any money in the ,treasury not otherwise appropriated #e1jjj1jjj for each of fiscal years #bjbb through #bjbh to carry out section #ec of the ,small ,business ,act1 as added by paragraph 7#b74 ,amounts appropriated by this subsection shall remain available for #c fiscal years4 7#b7 ,in general ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended by inserting after section #eb1 as added by section #ajcja of this title1 the following3 #ec4 ,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 #e1jjj1jjj1 for each of fiscal years #bjbb through #bjbh to carry out section #ed of the ,small ,business ,act1 as added by paragraph 7#b74 ,amounts appropriated by this subsection shall remain available for #c fiscal years4 7#b7 ,in general ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended by inserting after section #ec1 as added by subsection 7a71 the following3 #ed4 ,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 appropriated1 #e1jjj1jjj1 for each of fiscal years #bjbb through #bjbh for carrying out this section4 ,amounts appropriated by this subsection shall remain available for #c fiscal years4 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 #a1bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for administrative expenses related to carrying out this title1 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 7c7 ,recission ,with respect to amounts appropriated under subsection 7a7-- 7#a7 the ,secretary of the ,treasury shall complete all disbursements and remaining obligations before ,september #cj1 #bjca2 and 7#b7 the unexpended balance of such amounts ,september #cj1 #bjca1 shall be rescinded and deposited into the general fund of the ,treasury4 #ajjgjb4 ,office of the ,inspector ,general of the ,small ,business ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,office of the ,inspector ,general of the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 funds in the ,treasury not otherwise appropriated1 #i1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for competitive grants to support access to affordable housing and the enhancement of mobility for residents in disadvantaged communities or neighborhoods1 in persistent poverty communities1 or for low-income riders generally4 7b7 ,criteria and process ,the ,secretary of ,housing and ,urban ,development and the ,administrator of the ,federal ,transit ,administration shall establish criteria and a process for the allocation of funds made available under this section in a manner to ensure that such funds support-- 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 or 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 or 7,c7 enhanced access to grocery stores with fresh foods to help eliminate food deserts4 7c7 ,administration of funds ,funds made available under this section shall-- 7#a7 be available to recipients and subrecipients eligible under chapter #ec of title #di1 ,united ,states ,code2 7#b7 after allocation1 be administered by the ,administrator of the ,federal ,transit ,administration-- 7,a7 to recipients and subrecipients in urban areas1 as if such funds were provided under section #ecjg of title #di1 ,united ,states ,code2 7,b7 to recipients and subrecipients in rural areas1 as if such funds were provided under section #ecaa of such title2 7,c7 for any project activities related to the acquisition of zero-emission buses or related infrastructure1 as if funds for such activities were awarded under section #ecci7;c7 of such title2 7,d7 for any activities related to research that supports efforts to reduce barriers to the deployment of zero-emission transit vehicles in disadvantaged communities or neighborhoods and rural areas1 including barriers related to the cost of such vehicles1 as if funds for such activities were provided under section #ecab of such title2 or 7,e7 for any activities related to the training and development of the transit workforce that provides service to disadvantaged communities or neighborhoods and rural areas1 including the creation of new employment opportunities in the transit industry for workers from such communities1 neighborhoods or areas1 as if funds for such activities were provided under section #ecad of such title2 7#c7 not be subject to any restriction on the total amount of funds available for implementation or execution of programs authorized under section #ecjg1 #ecaa1 #ecab1 #ecad1 or #ecci of title #di1 ,united ,states ,code2 7#d7 notwithstanding paragraph 7#a71 be available for grants for up to #ajj percent of the net cost of a project2 and 7#e7 be expended in compliance with the requirements of part #bf of title #di1 ,code of ,federal ,regulations4 7d7 ,eligible activities ,eligible activities for funds made available under this section 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 including costs related to the acquisition of such vehicles and related charging or fueling infrastructure1 or a collection of such projects2 7#c7 the establishment or expansion of high-frequency bus service that utilizes zero-emission buses1 including costs related to the acquisition of such vehicles and related charging or fueling infrastructure1 but does not have all of the features of a bus rapid transit project or corridor-based bus rapid transit project2 7#d7 an expansion of the service area or the frequency of service of recipients or subrecipients under section #ecaa of title #di1 ,united ,states ,code1 which may include operational expenses1 including the provision of fare-free or reduced-fare service1 or the acquisition of vehicles or infrastructure to expand service2 7#e7 notwithstanding subsection 7a77#a7 of section #ecjg of such title1 an expansion of the service area or the frequency of service of recipients under such section1 which may include operational expenses1 including the provision of fare-free or reduced-fare service1 or the acquisition of zero-emission vehicles or infrastructure to expand service2 7#f7 renovation or construction of facilities and incidental expenses to continue or expand transit service in disadvantaged communities or neighborhoods or service that benefits low-income riders generally2 7#g7 research activities and capital expenses related to research 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 7#h7 activities under section #ecad of such title that support the training and development of the transit workforce that provides service to disadvantaged communities or neighborhoods and rural areas1 including the creation of new employment opportunities in the transit industry for workers from such communities1 neighborhoods1 or areas2 7#i7 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 from a program carried out 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 access to affordable housing and the enhancement of mobility for residents in disadvantaged communities or neighborhoods1 persistent poverty communities1 or for low-income riders generally in the service area of the recipient1 consistent with the purposes described in subsection 7b72 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#aj7 fleet transition1 route1 or other public transportation planning1 including planning related to economic development2 or 7#aa7 projects to upgrade the accessibility of bus or rail public transportation services for persons with disabilities1 including individuals who use wheelchairs1 in disadvantaged communities or neighborhoods4 7e7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the following3 7#a7 ,the costs of administering and overseeing the implementation of this section4 7#b7 ,to make new awards or to increase prior awards to provide technical assistance and capacity building for eligible recipients or subrecipients under this section4 #aajjjb4 ,community climate incentive grants 7a7 ,federal ,highway ,administration appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds 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 towards 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 regulations1 and provide technical assistance1 as necessary to implement this section2 and 7#e7 from any remaining amounts after carrying out paragraphs 7#a7 through 7#d71 for operations and administration of the ,federal ,highway ,administration4 7b7 ,grants to ,states ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration1 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 under subsection 7a77#b72 or 7#b7 have adopted carbon reduction strategies that contribute to achieving net-zero greenhouse gas emissions by #bjej1 and have incorporated such strategies into the transportation plans required under section #ace of title #bc1 ,united ,states ,code4 7c7 ,grants to other eligible entities ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for grants1 to be awarded on a competitive basis1 for carbon reduction projects to eligible entities that are not ,states4 7d7 ,use of funds 7#a7 ,in general ,funds made available under subsections 7b7 and 7c7 shall be administered as if made available under chapter #a of title #bc1 ,united ,states ,code1 and a project carried out under this section shall be treated as a project on a ,federal-aid highway under such chapter4 7#b7 ,grants to ,states ,funds made available under subsection 7b7 administered by or through a ,state department of transportation shall be expended in compliance with the requirements of part #bf of title #di1 ,code of ,federal ,regulations4 7e7 ,federal share 7#a7 ,in general ,the ,federal share for a recipient of funds that is not a ,state under this section may be up to #ajj percent4 7#b7 ,states ,the ,federal share for a recipient of funds under this section that is a ,state shall be determined in accordance with section #abj of title #bc1 ,united ,states ,code4 7f7 ,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 and 7#b7 be used for projects that result in additional through travel lanes for single occupant passenger vehicles4 7g7 ,definitions ,in this section3 7#a7 ,carbon reduction project ,a carbon reduction project means a project that is eligible under title #bc1 ,united ,state ,code1 and that-- 7,a7 will result in significant reductions in greenhouse gas emissions related to a surface transportation facility or project2 7,b7 provides zero-emission transportation options2 7,c7 reduces dependence on single-occupant vehicle trips2 or 7,d7 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 #acd of title #bc1 ,united ,states ,code72 7,e7 a special purpose district or public authority with a transportation function2 7,f7 a recipient of funds under section #bjb of title #bc1 ,united ,state ,code2 or 7,g7 a ,state4 7#c7 ,state ,the term ,state has the meaning given the term in section #aja of title #bc1 ,united ,states ,code4 #aajjjc4 ,neighborhood access and equity grants 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #c1iej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration-- 7#a7 for grants to eligible entities described in subsection 7b7 to improve walkability1 safety1 and affordable transportation access through construction 7as such term is defined in section #aja of title #bc1 ,united ,states ,code7 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 or spines2 or 7,e7 to provide affordable access to essential destinations1 public spaces1 or transportation links and hubs2 7#b7 for mitigation grants to eligible entities described in subsection 7b7 to 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 7as such term is defined in section #aja of title #bc1 ,united ,states ,code7 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 reduce1 or to mitigate1 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 grants to eligible entities described in subsection 7b7 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 locations2 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 ,state 7as such term is defined in section #aja of title #bc1 ,united ,states ,code72 7#b7 a unit of local government2 7#c7 a political subdivision of a ,state 7as such term is defined in section #aja of title #bc1 ,united ,states ,code72 7#d7 a recipient of funds under section #bjb of title #bc1 ,united ,states ,code2 7#e7 a territory of the ,united ,states2 7#f7 a metropolitan planning organization 7as defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 or 7#g7 with respect to a grant described in subsection 7a77#c71 in addition to an eligible entity described in paragraphs 7#a7 through 7#f71 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#f74 7c7 ,facility described ,a facility 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 ,local technical assistance ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds 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 local government to assume responsibilities to deliver surface transportation projects2 and 7#c7 operations and administration of the ,federal ,highway ,administration4 7e7 ,use of funds 7#a7 ,in general ,the ,administrator shall provide grants to eligible entities described in subsection 7b7 that submit an application to the ,administrator at such time1 in such manner1 and containing such information as the ,administration requires4 7#b7 ,minimum investment ,not less than #a1ehj1jjj1jjj of funds made available under subsection 7a7 shall be distributed for projects in communities that-- 7,a7 are economically disadvantaged1 including an underserved community or a community located in an area of persistent poverty2 7,b7 have entered or will enter into a community benefits agreement with representatives of the community2 7,c7 have an anti-displacement policy1 a community land trust1 or a community advisory board in effect2 or 7,d7 have demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section4 7f7 ,administration 7#a7 ,in general ,amounts made available under subsection 7a7 shall be administered as if made available under chapter #a of title #bc1 ,united ,states ,code1 and a project carried out under this section shall be treated as a project on a ,federal-aid highway under such chapter4 7#b7 ,grants to ,states ,funds made available under subsection 7a7 administered by or through a ,state department of transportation shall be expended in compliance with the requirements of part #bf of title #di1 ,code of ,federal ,regulations4 7g7 ,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 7h7 ,limitations ,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 and 7#b7 be used for a project for additional through travel lanes for single-occupant passenger vehicles4 #aajjjd4 ,federal ,highway ,administration section #bjb funds 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for the purposes described under section #bjb of title #bc1 ,united ,states ,code4 7b7 ,distribution of funds ,the ,administrator of the ,federal ,highway ,administration shall administer amounts made available under subsection 7a7 as if allocated under section #bjb of title #bc1 ,united ,states ,code4 7c7 ,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 ,territorial highway program funding 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #cbj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for the purposes described under section #afe7;c7 of title #bc1 ,united ,states ,code4 7b7 ,administration of funds ,the ,administrator of the ,federal ,highway ,administration shall administer amounts made available under subsection 7a7 as if allocated under section #afe7;c7 of title #bc1 ,united ,states ,code4 7c7 ,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 #aajjjf4 ,traffic safety clearinghouse 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj 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 research and develop systems for ,states to collect traffic safety enforcement data 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 on implementing equitable traffic safety enforcement best practices to assist ,states and local communities4 7b7 ,administration ,not more than #e percent of the amounts made available under this section may be used for salaries1 expenses1 and administration of the ,national ,highway ,traffic ,safety ,administration4 #aajjjg4 ,automated vehicles and mobility innovation ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #h1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,secretary of ,transportation to make a grant to a qualified institution of higher education to-- 7#a7 operate a national highly automated vehicle and mobility innovation clearinghouse2 7#b7 collect1 conduct1 and support research on the secondary and societal impacts of highly automated vehicles and mobility innovation on the built environment2 and 7#c7 disseminate and make such research available on a public website to assist communities4 #aajjjh4 ,local transportation priorities 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated to the ,secretary of ,transportation for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #f1jjj1jjj1jjj to remain available until ,september #cj1 #bjbf1 for projects to advance local surface transportation priorities4 7b7 ,davis ,bacon requirement 7#a7 ,in general ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7#b7 ,authority and functions ,with respect to the labor standards specified in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #aajjji4 ,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 chapter #bfa of title #di1 ,united ,states ,code1 to eligible entities for eligible projects4 7b7 ,allocation ,of the funds provided pursuant to subsection 7a71 not less than #aj percent shall be used for eligible projects as described under subsection 7e77#a77;,a74 7c7 ,federal share ,for any financial assistance provided pursuant to this section1 the ,federal share may not exceed #ij percent of the total cost of the eligible project4 7d7 ,oversight ,not more than #a percent of the amounts made available under subsection 7a7 shall be for the use of the ,secretary of ,transportation for the costs of award and project management of financial assistance provided under this section4 7e7 ,definitions ,in this section3 7#a7 ,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;b7 of title #di1 ,united ,states ,code2 or 7,b7 a capital project for high-speed rail corridor development that-- 7i7 directly serves rail stations within urban areas1 as published by the ,bureau of the ,census1 that are located in close proximity to a census tract1 as published by the ,bureau of the ,census1 within the urban area that has a greater population density than the urban area as a whole2 and 7ii7 is eligible to receive financial assistance for a capital project1 as defined in section #bfajf7;b77#c7 of title #di1 ,united ,states ,code4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an entity eligible to receive financial assistance under section #bfaja of title #di1 ,united ,states ,code2 or 7,b7 an applicant eligible to receive a grant under section #bfajf of title #di1 ,united ,states ,code4 7#c7 ,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 #afj miles per hour or more on shared-use right-of-way or #ahf miles per hour or more on dedicated right-of-way4 7#d7 ,corridor ,the term corridor means an existing1 modified1 or proposed intercity passenger rail service1 as defined in section #bfajf7;b7 of title #di1 ,united ,states ,code4 #aajjaj4 ,railroad rehabilitation infrastructure and financing credit risk premium assistance 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,transportation1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 in fiscal year #bjbb1 to remain available until ,september #cj1 #bjbf1 to provide credit risk premium assistance to eligible entities through the railroad rehabilitation infrastructure and financing program established by title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf4 7b7 ,eligible entities ,for purposes of this section1 eligible entities shall include-- 7#a7 railroad carriers as defined in section #bjajb of title #di1 ,united ,states ,code2 7#b7 ,state or local governments2 or 7#c7 government-sponsored authorities or corporations4 7c7 ,allocation 7#a7 ,public passenger rail projects ,not less than #ej percent of the amounts appropriated under subsection 7a7 shall be set aside for publicly owned or operated passenger rail projects4 7#b7 ,freight railroads ,not less than #be percent of the amounts appropriated under subsection 7a7 shall be set aside for freight railroads that are not ,class ,i railroads4 #aajjaa4 ,alternative fuel and low-emission aviation technology program 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 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,secretary of ,transportation to provide grants to1 and enter into cost-sharing agreements with1 eligible entities to carry out projects located in the ,united ,states that-- 7#a7 develop1 demonstrate1 or apply low-emission aviation technologies2 or 7#b7 produce1 transport1 blend1 or store sustainable aviation fuels that would reduce greenhouse gas emissions attributable to the operation of aircraft that have fuel uplift in the ,united ,states4 7b7 ,selection ,in carrying out subsection 7a71 the ,secretary shall consider1 with respect to a proposed project-- 7#a7 the anticipated public benefits of the project2 7#b7 the potential to increase the domestic production and deployment of sustainable aviation fuel or the use of low-emission aviation technologies among the ,united ,states commercial aviation and aerospace industry2 7#c7 the potential for creating new jobs in the ,united ,states2 7#d7 the potential the project has to reduce or displace1 on a lifecycle basis1 ,united ,states greenhouse gas emissions associated with air travel2 7#e7 the proposed utilization of non-,federal cost-share contributions2 7#f7 for projects related to the production of sustainable aviation fuel1 the potential net greenhouse gas emissions impact of such fuel on a lifecycle basis1 which shall include feedstock1 fuel production1 and potential direct and indirect greenhouse gas emissions 7including resulting from changes in land use72 7#g7 how the project will strengthen the leadership of the ,united ,states in either sustainable aviation fuels or in low-emission aviation technologies2 7#h7 the benefits of ensuring a diversity of feedstocks for sustainable aviation fuel1 including the use of waste carbon oxides and direct air capture2 7#i7 the potential for partnerships with relevant supply chain stakeholders for sustainable aviation fuel2 7#aj7 the potential to leverage existing industrial infrastructure to accelerate the deployment of sustainable aviation fuels2 7#aa7 aeronautical construction and design improvements that result in more efficient aircraft1 including new aircraft architectures1 innovative propulsion integration1 and high-performance lightweight materials2 7#ab7 more efficient aircraft engines1 including innovative engine architectures1 hybrid-electric engines1 and all-electric engines suitable for fully or partially powering aircraft operations2 and 7#ac7 air traffic management and navigation technologies that permit more efficient flight patterns4 7c7 ,funding distribution ,of the amount made available under subsection 7a71 #cj percent of such amount shall be awarded for projects described in subsection 7a77#a7 and #gj percent of such amount shall be awarded for projects described in subsection 7a77#b74 7d7 ,federal cost share ,the ,secretary shall determine a higher ,federal share of project costs for any cost-share agreement or grant awarded to any eligible recipient for a project under subsection 7a7 that involves a low-emission aviation technology that exceeds a #bj percent reduction in fuel burn compared to current best in class aircraft or a sustainable aviation fuel that substantially exceeds a #ej percent lifecycle greenhouse gas emission reduction compared to conventional jet fuels4 7e7 ,program requirements ,as a condition of receiving funds under this section1 the ,secretary may approve an award under this section only if the ,secretary has received written assurances from the recipient that-- 7#a7 any low-emission aviation technology that is funded or is part of a project funded by a grant under subsection 7a77#a7 is produced in the ,united ,states2 7#b7 any sustainable aviation fuel that is part of a project funded by a grant under subsection 7a77#b7 is-- 7,a7 produced in the ,united ,states2 and 7,b7 is not derived from feedstocks that are developed through practices that threaten mass deforestation1 harm biodiversity1 or otherwise promote environmentally unsustainable processes2 and 7#c7 the recipient of grant funding has adequately considered the environmental justice and equity impacts of any project on underserved communities4 7f7 ,development projects ,section #dgaab7;a7 of title #di1 ,united ,states ,code1 is amended by inserting or labor for a project funded under section #aajjaa of the ,act entitled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad after this subchapter4 7g7 ,administrative expenses ,the ,secretary may retain up to #a percent of the funds provided under this section to fund the award of1 and oversight by the ,secretary of1 grants made under this section4 7h7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or local government 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 person or entity engaged in the production1 transportation1 blending or storage of sustainable aviation fuel or feedstocks that could be used to produce sustainable aviation fuel2 7,f7 a person or entity engaged in the development1 demonstration1 or application of low-emission aviation technologies2 or 7,g7 nonprofit entities or nonprofit consortia with experience in sustainable aviation fuel1 low-emission technology1 or other clean transportation research programs4 7#b7 ,low-emission aviation technology ,the term low-emission aviation technology means technologies that significantly-- 7,a7 improve aircraft fuel efficiency2 7,b7 increase utilization of sustainable aviation fuels2 or 7,c7 reduce greenhouse gas emissions produced during operation of civil aircraft4 7#c7 ,sustainable aviation fuel ,the term sustainable aviation fuel means liquid fuel 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 7as such term is defined in section #de,k7c77#c7 of the ,internal ,revenue ,code of #aihf71 waste streams1 renewable energy sources 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 greenhouse gas emissions and the induced land use change values under the lifecycle methodology for sustainable aviation fuel adopted by the ,international ,civil ,aviation ,organization for the ,carbon ,offsetting and ,reduction ,scheme for ,international ,aviation with the agreement of the ,united ,states2 or 7ii7 the fuel production pathway achieves at least a #ej percent reduction of the aggregate attributional core lifecycle greenhouse gas emissions values under another methodology that the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 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 7i7 ,time limit for adoption of new sustainable aviation fuel emissions reduction test ,for purposes of clause 7ii7 of subsection 7h77#c77;,e71 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall1 not later than #b years after the date of the enactment of this section1 adopt at least #a methodology for testing lifecycle greenhouse gas emissions that meets the requirements of such clause4 #aajjab4 ,implementation of the carbon offsetting and reduction scheme for international aviation 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 #f1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,secretary of ,transportation to ensure the ,united ,states complies with its obligations with respect to volume ,,iv of annex #af to the ,convention on ,international ,civil ,aviation 7#fa ,stat4 #aahj7 7,carbon ,offsetting and ,reduction ,scheme for ,international ,aviation1 hereinafter ,,corsia74 7b7 ,regulations 7#a7 ,in general ,the ,secretary shall issue regulations with requirements to ensure the ,united ,states complies with the obligations referenced in subsection 7a71 including requirements for operators of civil aircraft of the ,united ,states with respect to-- 7,a7 monitoring1 reporting1 and verifying quantities of carbon emissions covered under the ,,corsia1 cancelling eligible emissions units and reporting and verifying such cancellations1 and reporting use of ,,corsia eligible fuels2 and 7,b7 submission of such information as the ,secretary determines is necessary with respect to implementation of the ,,corsia4 7#b7 ,standards and recommended practices ,regulations issued under this subsection shall be consistent with applicable standards and recommended practices published in volume ,,iv of annex #af to the ,convention on ,international ,civil ,aviation 7#fa ,stat4 #aahj7 and associated implementation elements1 adopted by the ,international ,civil ,aviation ,organization prior to enactment of this ,act1 and any amendments or updates to such standards and related documents with which the ,united ,states concurs4 7c7 ,reports ,not later than ,december #ca1 #bjbb1 and every #c years thereafter1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,technology of the ,senate a report assessing the compliance of operators of civil aircraft registered in the ,united ,states with regulations issued under this section as well as the standards and recommended practices referenced in subsection 7b77#b71 as applicable4 #aajjac4 ,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 #bia1jjj1jjj1 to remain available until expended1 to the ,administrator of the ,federal ,emergency ,management ,agency to carry out activities described in section #bjc7;i7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7;i771 notwithstanding section #bjc7;f77#b7 of such ,act 7#db ,u4,s4,c4 #eacc7;f77#b771 including for activities and grants that provide technical assistance and capacity building for ,state1 local1 ,indian ,tribal1 or territorial governments for establishing1 implementing1 and carrying out enforcement activities of the latest published editions of relevant performance-based and consensus-based codes1 specifications1 and standards that incorporate hazard-resistant designs and the latest requirements for the maintenance and inspection of existing buildings to address hazard risk4 7b7 ,cost share ,the ,federal share of the assistance provided in this section shall be #ajj percent4 7c7 ,administration ,in addition to amounts made available for administrative expenses under section #bje7;d77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eace7;d77#b771 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise available1 #i1jjj1jjj to the ,administrator of the ,federal ,emergency ,management ,agency1 to remain available until expended1 for administration of this section4 #aajjad4 ,hazard mitigation revolving loan fund 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 #die1jjj1jjj1 to remain available until expended1 to the ,administrator of the ,federal ,emergency ,management ,agency for the establishment and carrying out of hazard mitigation revolving loan fund grants under section #bje of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eace74 7b7 ,administration ,in addition to amounts made available for administrative expenses under section #bje7;d77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eace7;d77#b771 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise available1 #e1jjj1jjj to the ,administrator of the ,federal ,emergency ,management ,agency1 to remain available until expended1 for administration of this section4 #aajjae4 ,upgrading public alert and warning 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 #bd1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to the ,administrator of the ,federal ,emergency ,management ,agency to upgrade the ,integrated ,public ,alert and ,warning ,system for implementation of the ,next ,generation ,warning ,system4 7b7 ,assistance to certain entities ,in carrying out subsection 7a71 the ,administrator of the ,federal ,emergency ,management ,agency is authorized to issue noncompetitive1 risk-informed financial assistance to public broadcasting entities1 as defined in section #cig of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cig74 7c7 ,administration ,in addition to amounts made available for administrative expenses under section #bje7;d77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eace7;d77#b771 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise available1 #a1jjj1jjj to the ,administrator of the ,federal ,emergency ,management ,agency1 to remain available until ,september #cj1 #bjbf1 for administration of this section4 #aajjaf4 ,federal assistance for emergency managers 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 #dab1jjj1jjj1 to remain available until expended1 to the ,administrator of the ,federal ,emergency ,management ,agency for grants for construction1 retrofit1 technological enhancement1 and updated requirements of ,state1 local1 ,indian ,tribal1 and territorial emergency operations centers under section #fad of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaif;c74 ,a ,state may provide grant funds under this subsection to local governments and ,tribal governments to carry out the activities for which such funds are provided4 7b7 ,administration ,in addition to amounts made available for administrative expenses under section #bje7;d77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eace7;d77#b771 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise available1 #ac1jjj1jjj to the ,administrator of the ,federal ,emergency ,management ,agency1 to remain available until expended1 for administration of this section4 7c7 ,limitation ,the amount of a project under a grant provided under this section may not exceed #d1jjj1jjj4 7d7 ,code compliance ,in using funds under subsection 7a71 a grant recipient shall act in compliance with the latest published editions of relevant consensus-based codes1 specifications1 and standards that incorporate the latest hazard resistant designs and establish minimum acceptable criteria for the design1 construction1 and maintenance of structures and facilities for the purpose of protecting the health1 safety1 and general welfare of the building users against disasters4 #aajjag4 ,,fema procurement1 construction1 and improvements ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,emergency ,management ,agency for the construction1 renovation1 retrofit1 technological enhancement1 and updated requirements of ,federal emergency training centers and ,federal emergency operations centers4 #aajjah4 ,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 #d1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,secretary of ,commerce for grants under section #bji of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 to develop regional economic growth clusters1 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 ,economic adjustment assistance ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,secretary of ,commerce for economic adjustment assistance as authorized by section #bji of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi71 of which-- 7#a7 #ejj1jjj1jjj shall be to provide assistance to energy and industrial transition communities1 including coal1 oil and gas1 and nuclear transition communities2 and 7#b7 #ej1jjj1jjj shall be to provide grants for project predevelopment and capacity building activities1 including activities relating to the writing of grant applications 7consistent with section #bac of such ,act 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 7#db ,u4,s4,c4 #cadd and #cafa7 shall not apply to grants made with amounts made available under this paragraph2 and 7,b7 not less than #ej percent of the amounts made available under this paragraph shall be for activities that are carried out in underserved communities4 7c7 ,grants for public works and economic development ,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 #bjbg1 to the ,secretary of ,commerce for public works projects as authorized by section #bja of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cada74 7d7 ,administration ,not more than #c percent of the amounts made available under this section shall be used for the administrative costs of carrying out this section4 #aajjai4 ,recompete ,pilot ,program 7a7 ,economic ,development ,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 #d1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the ,department of ,commerce for economic adjustment assistance as authorized by section #bji of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 to establish a pilot program1 to be known as the ,recompete ,pilot ,program1 to provide grants to specified entities to carry out activities in eligible areas and ,tribal lands for which a specified entity has jurisdiction or otherwise serves to support local labor markets1 local communities1 and ,tribal governments to alleviate persistent economic distress and labor market dislocation1 except that sections #bjd and #cja of such ,act shall not apply to a grant provided under this section4 7b7 ,term ,a grant shall have a term of #aj fiscal years and be disbursed at such time and in such manner as determined by the ,secretary of ,commerce in accordance with benchmarking requirements established by the ,secretary4 7c7 ,use of funds ,of the funds provided by this section-- 7#a7 not less than #c1hee1jjj1jjj shall be used for grants to be awarded to at least #ae specified entities representing eligible areas to carry out activities described in a recompete plan approved by the ,secretary of ,commerce2 7#b7 not more than #be1jjj1jjj may be used for planning and technical assistance grants to be awarded to not more than #ej specified entities representing eligible areas to develop a recompete plan and carry out predevelopment activities2 and 7#c7 not more than #c percent shall be used for the administrative costs of carrying out this section4 7d7 ,limitations 7#a7 ,eligible areas ,an eligible area may not benefit from more than #a grant and #a grant described in subsection 7c77#b74 7#b7 ,limitation on recipients ,for purposes of the program under this section1 a specified entity may not receive a grant on behalf of more than #a eligible area4 7e7 ,maximum award amount ,in determining the maximum amount of a grant that a specified entity may be awarded1 the ,secretary shall use the product obtained by multiplying-- 7#a7 the prime-age employment gap of the eligible area2 7#b7 the prime-age population of the eligible area2 and 7#c7 either-- 7,a7 #gj1ehe for local labor markets2 or 7,b7 #ec1fjj for local communities4 7f7 ,definitions ,in this section3 7#a7 ,eligible area ,the term eligible area means either of the following3 7,a7 ,a local labor market that-- 7i7 has a prime-age employment gap equal to not less than #b4e percent2 and 7ii7 meets additional criteria as the ,secretary may establish4 7,b7 ,a local community that-- 7i7 has a prime-age employment gap equal to not less than #e percent2 7ii7 is not located within an eligible local labor market that meets the criteria described in subparagraph 7,a72 and 7iii7 has a median annual household income of not more than #ge1jjj4 7#b7 ,local labor market ,the term local labor market means any of the following areas that contains #a or more specified entities described in subparagraphs 7,a7 through 7,d7 of paragraph 7#e73 7,a7 ,a commuting zone1 as defined by the ,economic ,research ,service of the ,department of ,agriculture1 excluding all core-based statistical areas within the commuting zone described in subparagraph 7,b74 7,b7 ,subject to subparagraph 7,c71 if #a or more discrete metropolitan statistical areas or micropolitan statistical areas1 as defined by the ,office of ,management and ,budget 7collectively referred to as core-based statistical areas71 exists within a commuting zone described in subparagraph 7,a71 each such core-based statistical area4 7,c7 ,if the remaining area of a commuting zone described in subparagraph 7,a71 excluding all core-based statistical areas within the commuting zone described in subparagraph 7,b71 contains #a or fewer counties and has a population of #g1ejj or fewer residents1 that remaining area combined with an adjacent core-based statistical area within the commuting zone4 7,d7 ,the ,tribal land with a ,tribal prime-age population represented by a ,tribal government4 7#c7 ,local community ,the term local community means the area served by a specified entity described in subparagraphs 7,a7 through 7,c7 of paragraph 7#e7 that-- 7,a7 7i7 is located within a local labor market or partial local labor market that is not eligible2 or 7ii7 is not coexistent with1 or encompassing the entirety of1 a local labor market2 and 7,b7 meets such additional criteria1 including a minimum population requirement1 as the ,secretary may establish4 7#d7 ,prime-age employment gap 7,a7 ,in general ,the term prime-age employment gap means the difference 7expressed as a percentage7 between-- 7i7 the national #e-year average prime-age employment rate2 and 7ii7 the #e-year average prime-age employment rate of the eligible area4 7,b7 ,calculation ,for the purposes of subparagraph 7,a71 an individual is prime-age if such individual between the ages of #be years and #ed years4 7#e7 ,recompete plan ,the term recompete plan means a comprehensive #aj-year economic development plan that-- 7,a7 includes-- 7i7 proposed programs and activities to be carried out with a grant awarded under this section to address the economic challenges of the eligible area in a manner that promotes long-term1 sustained economic growth and reduction in the prime-age employment gap of the eligible area2 7ii7 projected costs and annual expenditures and proposed disbursement schedule2 and 7iii7 other information as the ,secretary determines appropriate2 7,b7 is developed by a specified entity that is the recipient of a planning and technical assistance grant described in subsection 7c77#b72 and 7,c7 is submitted to the ,secretary for approval for a specified entity to be considered for a grant under this section4 7#f7 ,specified entity ,the term specified entity means-- 7,a7 a unit of local government2 7,b7 the ,district of ,columbia2 7,c7 a territory or possession of the ,united ,states2 7,d7 a ,tribal government2 7,e7 a ,state-authorized political subdivision or other entity1 including a special-purpose entity engaged in economic development activities2 7,f7 a public entity or nonprofit organization1 acting in cooperation with the officials of a political subdivision or entity described in subparagraph 7,e72 7,g7 an economic development district 7as defined in section #c of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cabb72 and 7,h7 a consortium of any of the specified entities described in this paragraph which serve or are contained within the same eligible area4 7#g7 ,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 by the ,bureau of ,indian ,affairs on ,january #bi1 #bjba1 pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#h7 ,tribal land ,the term ,tribal land means any land-- 7,a7 any land located within the boundaries of an ,indian reservation1 pueblo1 or rancheria2 or 7,b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community4 7#i7 ,tribal prime-age population 7,a7 ,in general ,the term ,tribal prime-age population shall be equal to the sum obtained by adding-- 7i7 the product obtained by multiplying-- 7,i7 the total number of individuals ages #be through #ed residing on the ,tribal land of the ,tribal government2 and 7,,ii7 #j4fe2 and 7ii7 the product obtained by multiplying-- 7,i7 the total number of individuals ages #be through #ed included on the membership roll of the ,tribal government2 and 7,,ii7 #j4ce4 7,b7 ,use of date ,a calculation under subparagraph 7,a7 shall be determined based on data provided by the applicable ,tribal government to the ,department of the ,treasury under the ,coronavirus ,state and ,local ,fiscal ,recovery ,fund programs under title ,,vi of the ,social ,security ,act 7#db ,u4,s4,c4 #hja et seq474 #aajjbj4 ,assistance for ,federal buildings ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 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 #aajjba4 ,technology innovation and climate resilience in maritime sector ,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 #bjbg1 to the ,maritime ,administration1 for the maritime environmental and technical assistance program under section #ejcjg of title #df1 ,united ,states ,code1 to reduce carbon emissions1 reduce vessel noise pollution1 and improve the climate resiliency of the marine shipping and the maritime industry4 #aajjbb4 ,climate resilient ,coast ,guard infrastructure ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the account under the heading ,coast ,guard ,procurement1 ,construction1 and ,improvements1 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 ,the ,coast ,guard shall return to the ,treasury any funds appropriated under this section that have not been expended by ,september #cj1 #bjca4 #aajjbc4 ,great ,lakes icebreaker acquisition ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of funds in the ,treasury not otherwise appropriated1 #cej1jjj1jjj1 to remain available until ,september1 #cj1 #bjca1 to the ,coast ,guard1 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 ,the ,coast ,guard shall return to the ,treasury any funds appropriated under this section that have not been expended by ,september #cj1 #bjca4 #aajjbd4 ,polar security cutters and climate science ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ghh1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the ,coast ,guard1 for the acquisition of the fourth heavy ,polar ,security ,cutter1 including scientific laboratory and berthing facilities1 to expand access for scientists to the polar regions1 to improve climate and weather research1 for other polar missions1 and for other purposes1 as authorized under section #efa of title #ad1 ,united ,states ,code4 #aajjbe4 ,small shipyard grants ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,maritime ,administration for the purposes of making grants under the assistance for small shipyards program1 as authorized by section #edaja of title #df1 ,united ,states ,code1 to improve the climate resiliency and environmental sustainability of the maritime industry and maritime transportation system1 including workforce training and equipment acquisition projects that improve the efficiency of shipyard operations1 vessel construction and vessel repair4 ,the deadlines established in paragraphs 7#b7 and 7#c7 of subsection 7b7 and paragraph 7#a7 of subsection 7f7 of section #edaja of such title shall not apply to amounts made available in this section1 and the ,secretary of ,transportation may carry out multiple rounds of competition4 #aajjbf4 ,port infrastructure and 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 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,maritime ,administration for the purposes of making grants for projects to support supply chain resilience1 reduction in port congestion1 the development of offshore wind support infrastructure1 and environmental remediation1 projects to reduce the impact of ports on the environment1 and for other purposes4 ,such grants shall be administered in accordance with the requirements applicable to grants under section #ejcjb of title #df1 ,united ,states ,code4 ,the deadlines established in paragraph 7#e7 of subsection 7c7 of section #ejcjb of such title shall not apply to amounts made available in this section1 and the ,secretary of ,transportation may carry out multiple rounds of competition4 ,the ,maritime ,administration shall return to the ,treasury any funds appropriated under this section that have not been expended by ,september #cj1 #bjca4 #aajjbg4 ,grants for rural1 small1 ,tribal1 and economically disadvantaged municipality technical assistance and circuit rider programs and workforce development 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 #die1jjj1jjj1 to remain available until expended1 for the ,administrator of the ,environmental ,protection ,agency-- 7#a7 to provide technical assistance to rural1 small1 ,tribal1 and economically disadvantaged municipalities for the purposes identified in subsection 7b77#h7 of section #ajd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed72 and 7#b7 for grants for manpower development and training and retraining of workforce employees of publicly owned treatment works in accordance with subsection 7g7 of such section4 7b7 ,determination of economic disadvantage ,in determining whether a municipality is economically disadvantaged for the purposes of this section1 the ,administrator shall1 to the maximum extent practicable1 take into consideration-- 7#a7 the criteria under paragraph 7#a7 or 7#b7 of section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa72 and 7#b7 any affordability criteria established by the ,state in which the municipality is located pursuant to section #fjc7;i77#b7 or #bba7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;i77#b72 #acja7;c774 #aajjbh4 ,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 #aajjbi4 ,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 #a1jjj1jjj1jjj1 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 #a1jjj1jjj1jjj1 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 financially distressed communities 7as defined in such section71 including rural financially distressed communities1 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 community 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 #aajjcj4 ,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 #dej1jjj1jjj1 to remain available until expended1 to make grants1 in accordance with subsection 7b71 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;j774 7b7 ,priority ,in carrying out subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall prioritize the issuance of grants to assist eligible individuals 7as such term is defined in section #fjc7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;j77 residing in households that are not connected to a system or technology designed to treat domestic sewage1 including eligible individuals using household cesspools4 #aajjca4 ,tribal clean water 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 #ejj1jjj1jjj1 to remain available until expended1 to make grants1 in accordance with subsection 7b71 to ,indian tribes and other entities described in section #eah7;c77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7-- 7#a7 for-- 7,a7 projects and activities eligible for assistance under section #fjc7;c7 of such ,act 7#cc ,u4,s4,c4 #achc72 and 7,b7 training1 technical assistance1 and educational programs related to the operation and management of treatment works eligible for assistance pursuant to such section #fjc7;c72 and 7#b7 subject to the condition that-- 7,a7 any project or 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 project or activity 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 any project carried out using such funds are produced in the ,united ,states in accordance with section #fjh of such ,act 7#cc ,u4,s4,c4 #achh74 7b7 ,limitation ,in carrying out subsection 7a71 the ,administrator of the ,environmental ,protection ,agency may not require an ,indian tribe or other entity receiving a grant under this section to provide1 as a condition of eligibility to receive such grant1 a share of the cost of the project or activity for which the grant was made4 #aajjcb4 ,wastewater infrastructure assistance to colonias ,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 the ,administrator of the ,environmental ,protection ,agency for carrying out section #cjg of the ,safe ,drinking ,water ,act ,amendments of #aiif 7#cc ,u4,s4,c4 #abha note2 #aaj ,stat4 #afhh71 which funds may be used to award grants under such section to a border ,state or municipality with jurisdiction over an eligible community 7as such terms are defined in such section71 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 7#b7 all of the iron and steel used in the project are produced in the ,united ,states in accordance with section #fjh of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achh72 and 7#c7 an eligible community receiving assistance for such project pursuant to this section shall not be required to provide a share of the costs of carrying out the project4 #aajjcc4 ,clean water needs survey ,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 #e1jjj1jjj1 to remain available until expended1 for grants to ,states and municipalities to carry out a detailed estimate of the cost of construction of all needed publicly owned treatment works pursuant to section #eaf7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acge7;b77#a77;,b774 #aajjcd4 ,prohibition on use of funds ,the ,comptroller ,general of the ,united ,states shall provide a report to ,congress accounting for any equipment provided by the ,united ,states ,coast ,guard or the ,army ,corps of ,engineers to any prior regime in ,afghanistan and that has been left behind in ,afghanistan4 #aajjce4 ,policy of the ,united ,states on child labor ,it is the policy of the ,united ,states that funds made available by this title should not be used to purchase products produced whole or in part through the use of child labor1 as such term is defined in ,article #c of the ,international ,labor ,organization ,convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor 7,december #b1 #bjjj71 or in violation of human rights4 ,,xii ,committee on ,veterans ,affairs #abjja4 ,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 #ae1bjj1jjj1jjj1 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 #haja 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 #abjjb4 ,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 #abjjc4 ,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 as the ,secretary considers necessary 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 lease 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 ,president 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 ,president 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 #abjjd4 ,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 #gjj 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 #cge1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for the purpose of carrying out this section4 #abjje4 ,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 #abjjf4 ,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 #ae1jjj1jjj1 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 ,paid ,family and ,medical ,leave #acjjja4 ,paid ,family and ,medical ,leave ,the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq47 is amended by adding at the end the following3 ,,xxii ,paid ,family and ,medical ,leave ,benefits #bbja4 ,table of contents ,the table of contents for this title is as follows3 ,sec4 #bbja4 ,table of contents4 ,sec4 #bbjb4 ,paid family and medical leave benefit eligibility4 ,sec4 #bbjc4 ,benefit amount4 ,sec4 #bbjd4 ,benefit determination and payment4 ,sec4 #bbje4 ,appeals4 ,sec4 #bbjf4 ,stewardship4 ,sec4 #bbjg4 ,funding for benefit payments1 grants1 and program administration4 ,sec4 #bbjh4 ,funding for outreach1 public education1 and research4 ,sec4 #bbji4 ,funding for ,state administration option for legacy ,states4 ,sec4 #bbaj4 ,reimbursement option for employer-sponsored paid leave benefits4 ,sec4 #bbaa4 ,funding for small business assistance4 ,sec4 #bbab4 ,definitions4 #bbjb4 ,paid family and medical leave benefit eligibility 7a7 ,entitlement ,every individual who-- 7#a7 has filed an application for a paid family and medical 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 #ahj days after such date2 and 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 begins1 shall be entitled to such a benefit for each month during such benefit period1 except as otherwise provided in this section4 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 meets the criteria specified in paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 and ending with 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 with 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 prior to ,july #bjbc4 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 ,secretary 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 work1 other than for monetary compensation1 for any reason described in paragraph 7#a7 or 7#c7 of section #ajb7;a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a771 except that for purposes of this paragraph such section shall be applied-- 7i7 by treating such individual as the employee referred to in such paragraph2 7ii7 as if paragraph 7#a77;,c7 were amended to read as follows3 7,c7 7i7 ,in order to care for a qualified family member of the employee1 if such qualified family member has a serious health condition4 7ii7 ,for purposes of clause 7i71 the term qualified family member means1 with respect to an employee-- 7,i7 a spouse 7including a domestic partner in a civil union or other registered domestic partnership recognized by a ,state7 and a spouse's parent2 7,,ii7 a child and a child's spouse2 7,,iii7 a parent and a parent's spouse2 7,,iv7 a sibling and a sibling's spouse2 7,v7 a grandparent1 a grandchild1 or a spouse of a grandparent or grandchild2 and 7,,vi7 any other individual who is related by blood or affinity and whose association with the employee is equivalent of a family relationship 7as determined under regulations issued by the ,secretary of the ,treasury74 2 and 7iii7 by treating the criterion in paragraph 7#a77;,d7 that an individual is unable to perform the functions of the position of such employee because of a serious health condition as a criterion that the individual is unable to satisfy the requirements needed to continue receiving the wages or self-employment income described in subsection 7a77#c7 with respect to the individual because of such serious health condition2 7iv7 as if paragraph 7#a77;,e7 were amended to read as follows3 7,e7 ,because of any qualifying exigency 7as the ,secretary shall1 by regulation1 determine7 arising out of the fact that a qualified family member of the employee 7as defined in subparagraph 7,c77ii77 is on covered active duty 7or has been notified of an impending call or order to covered active duty7 in the ,armed ,forces4 2 and 7v7 as if paragraph 7#a7 were amended by adding at the end the following3 7,g7 ,because of the death of a spouse1 parent1 or child of the employee4 4 7vi7 as if paragraph 7#c7 were amended by striking the spouse1 son1 daughter1 parent1 or next of kin and inserting a qualified family member of the employee 7as defined in subparagraph 7,c77ii774 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 if the individual received any form of wage compensation from an employer1 including paid vacation1 paid sick leave1 and any other form of accrued paid time off 7but not including any such form of accrued paid time off or any non-accrued paid family and medical leave benefits sponsored by an employer to the extent that the sum of such accrued or non-accrued paid leave and any paid family and medical 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 #aich771 for the time during which the individual was so engaged4 7,c7 ,treatment of individuals eligible for employer sponsored paid family and medical leave benefits ,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 would be eligible for paid family and medical leave benefits under a program sponsored by an employer who receives a grant with respect to such program under section #bbaj4 7,d7 ,treatment of individuals employed in legacy ,states ,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 if the time during which the individual was so engaged constitutes leave from employment for which the individual would be eligible to receive paid family or medical leave benefits under the law of a legacy ,state 7as defined in section #bbji7;b774 7d7 ,treatment of bereavement leave ,in the case of an activity engaged in by an individual in lieu of work for a reason described in paragraph 7#a77;,g7 of section #ajb7;a7 of the ,family and ,medical ,leave ,act of #aiic 7as such section is applied for purposes of paragraph 7#b7 of subsection 7c771 the total number of caregiving hours attributable to such activity1 for each death described in such paragraph 7#a77;,g71 that may be credited under section #bbjc7;c7 to weeks during the individual's benefit period may not exceed #c_/e of the number of hours in the individual's regular workweek 7within the meaning of section #bbjc7;d774 7e7 ,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 7f7 ,disqualification following certain convictions ,an individual who has been found to have used false statements or representation to secure benefits under this title shall be ineligible for benefits under this title 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 #he 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 #ge 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 7,c7 #ee 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#b72 7,d7 #be percent of the individual's average weekly earnings to the extent that such earnings exceed the amount established for purposes of subparagraph 7,c7 but do not exceed the amount established for purposes of this subparagraph by paragraph 7#b72 and 7,e7 #e percent of the individual's average weekly earnings to the extent that such earnings exceed the amount established for purposes of subparagraph 7,d7 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 or before calendar year #bjbd1 the amount established for purposes of subparagraphs 7,a71 7,b71 7,c71 7,d71 and 7,e7 of paragraph 7#a7 shall be #a_/eb of #ae1jhj1 #cd1bdh1 #gb1jjj1 #ajj1jjj1 and #bej1jjj1 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 #bbab7 for the second calendar year preceding such calendar year1 by 7ii7 the national average wage index 7as so defined7 for #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 ,secretary1 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 most recent #h-;calendar quarter period that ends at least #d months prior to the beginning of the individual's benefit period2 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 ,secretary shall make such determination on the basis of wage data provided to the ,secretary from the ,national ,directory of ,new ,hires pursuant to section #dec7;j77#e7 and self-employment income data provided by the ,secretary1 except that the ,secretary 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 paid vacation1 paid sick leave1 or any other form of accrued paid time off from the individual's employer during such week in accordance with section #bbjb7;c77#b77;,b772 and 7#d7 the total number of caregiving hours credited to weeks during the individual's benefit period may not exceed the product of #ab 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 7or regularly worked in the case of an individual no longer employed71 as determined under guidance to be issued by the ,secretary4 #bbjd4 ,benefit determination and payment 7a7 ,in general ,an individual seeking benefits under section #bbjb shall file an application with the ,secretary containing the information described in subsection 7b7 and such other information as the ,secretary may require4 ,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 ,secretary demonstrates by a preponderance of the evidence that information contained in the application or periodic benefit claim report is false1 except that the ,secretary shall establish procedures to validate the identity of the individual filing the application4 7b7 ,required contents of initial application ,an application for a paid family and medical 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 #ahj days after such date2 7#b7 except as otherwise provided in this subsection1 a certification1 issued by a relevant authority determined under regulations issued by the ,secretary1 that contains such information as the ,secretary shall specify in such regulations as necessary to affirm the circumstances giving rise to the need for such caregiving hours1 which shall be no more than the information that is required to be stated under section #ajc7;b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfac7;b772 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 ,secretary may waive this requirement in any case in which such evidence is otherwise available to the ,secretary2 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;d772 and 7#f7 an attestation from the individual stating that the leave from employment with respect to which the individual is filing such application is not employment for which the individual has received-- 7,a7 a notice from a ,state pursuant to subsection 7b77#b77;,b7 of section #bbji stating that such employment would be eligible for paid family and medical leave benefits under a ,state legacy program described in such section2 or 7,b7 a notice from the individual's employer pursuant to subsection 7b77#a77;,f77iv7 of section #bbaj stating that such employment would be eligible for paid family and medical leave benefits under an employer-sponsored program described in such section4 ,in the case of an individual who applies for a paid family and medical leave benefit in the anticipation of caregiving hours occurring after the date of application1 the certification described in paragraph 7#b71 the attestation described in paragraph 7#c71 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 ,secretary 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 ,secretary4 ,such periodic benefit claim report shall specify the caregiving hours of the individual that occurred during each week that ended in such month and shall include such other information as the ,secretary may require4 ,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 paid family and medical 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 and notice requirements 7#a7 ,initial application 7,a7 ,in general ,the ,secretary shall determine the initial eligibility of an individual applying for benefits under this title in accordance with section #bbjb4 7,b7 ,notices ,to ensure payment of benefits in the correct amount and that beneficiaries are aware of the right to appeal a benefit determination of the ,secretary-- 7i7 not later than #ae days after each application for benefits from an individual under this title is filed1 the ,secretary shall provide notice to the individual of-- 7,i7 the initial determination of eligibility for such benefits2 7,,ii7 7aa7 the calendar quarter that begins the period described in section #bbjb7;a77#c7 with respect to the individual1 the #h calendar quarters used to compute the individual's average weekly earnings under section #bbjc7;b77#c71 and the wages and self-employment income received by the individual during each of those #h quarters as recorded by the ,secretary2 and 7bb7 the individual's right under section #bbjc7;b77#d7 to submit more recent or additional evidence of such wages or self-employment income1 including a statement that eligibility could change or benefits could increase if such additional evidence results in more recent or higher average weekly earnings2 7,,iii7 the estimated weekly benefit amount for a week to which #d caregiving hours of the individual are credited2 7,,iv7 the estimated weekly benefit amount for a week to which a number of caregiving hours are credited equal to the number of hours in a regular workweek of the individual 7as determined in subsection #bbjc7;d772 7,v7 the number of caregiving hours credited to weeks ending prior to the date of such application2 7,,vi7 the beginning and ending dates of the individual's benefit period2 and 7,,vii7 the individual's right to appeal such initial determination in accordance with the provisions of section #bbje2 and 7ii7 in any case in which an individual submits additional information with respect to such an application1 the ,secretary shall provide an updated notice to the individual containing the same information provided in the notice described in clause 7i71 including a specific indication of any such information that has been updated as a result of the additional information submitted by the individual4 7#b7 ,monthly benefit determinations 7,a7 ,in general ,on the basis of the information filed with the ,secretary pursuant to subsection 7c71 the ,secretary 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,b7 ,notices ,to ensure payment of benefits in the correct amount and that beneficiaries are aware of the right to appeal a benefit determination of the ,secretary1 not later than #ae days after each periodic benefit claim report from an individual is filed 7or after filing of initial application for retroactive benefits71 the ,secretary shall provide notice to the individual specifying-- 7i7 whether payment will be made to the individual for each week to which such periodic benefit claim report pertains and the amount of such payment2 7ii7 if the ,secretary determines that payment will not be made for a week or that payment will be made based on a number of caregiving hours credited to the week inconsistent with the number of caregiving hours specified for such week in such periodic benefit claim report 7or initial application71 the reasons for such determination2 and 7iii7 the individual's right to appeal such determination in accordance with the provisions of section #bbje4 7#c7 ,changing circumstances ,the ,secretary shall issue regulations to establish a process under which an individual may notify the ,secretary if more than one type of circumstance gives rise to the need for caregiving hours during the individual's benefit period4 ,such caregiving hours shall be credited to weeks within the benefit period in accordance with section #bbjc7;c7 regardless of circumstance4 7#d7 ,accessibility of notices ,the ,secretary shall take such actions as are necessary to ensure that any notice to one or more individuals issued pursuant to this title by the ,secretary is written in simple and clear language4 7e7 ,certification of payment ,not later than #ae days after the making of a determination under subsection 7d77#b77;,a7 with respect to the number of caregiving hours of an individual to be credited to weeks ending in a month1 the ,secretary shall certify payment to such individual of the amount of the paid family and medical leave benefit for such month4 7f7 ,expedited benefit payment in cases of missing payment ,the ,secretary shall establish and put into effect procedures under which expedited payment of benefits under this title will be made to an individual to whom a benefit payment was due for a month but was not received by the individual4 7g7 ,submission of required information 7#a7 ,by phone1 mail1 or electronic means ,to ensure full access to benefits by all eligible individuals1 applicable paid leave information with respect to an individual may be submitted to the ,secretary by phone1 mail1 or electronic means4 7#b7 ,by any person ,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 subsection 7b77#b74 ,the ,secretary shall promptly notify an individual whenever any other person submits such information on the individual's behalf4 7#c7 ,notice of receipt ,the ,secretary shall provide prompt notice of receipt of all applicable paid leave information submitted with respect to an individual4 7#d7 ,definition of applicable paid leave information ,for purposes of this subsection1 the term applicable paid leave information means1 with respect to an individual1 any information submitted to the ,secretary with respect to the paid family and medical 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 #bbje4 ,appeals 7a7 ,in general ,an individual shall have the right-- 7#a7 to appeal to the ,secretary any determination made with respect to-- 7,a7 paid family and medical leave benefits under section #bbjb2 and 7,b7 paid family and medical leave benefits under an employer-sponsored program described in section #bbaj whose initial appeal pursuant to subsection 7b77#a77;,f77iii77,i7 of such section results in a determination unfavorable to the individual2 and 7#b7 to appeal any final decision of the ,secretary by a civil action brought in the district court of the ,united ,states for the judicial district in which the plaintiff resides1 or in which the principal place of business of the plaintiff sits1 or1 if the plaintiff does not reside or such principal place of business does not sit within any such judicial district1 in the ,united ,states ,district ,court for the ,district of ,columbia4 7b7 ,procedures ,the ,secretary shall establish procedures for appeals of such determinations that ensure that appeals will be heard in a timely manner by a decisionmaker who is different from the initial decisionmaker using procedures that are similar to the procedures used for appeals of determinations under the ,medicare ,low-,income ,subsidy program described under section #ahfj;,d-#ad7;a77#c77;,b77iv77,,ii74 7c7 ,authority to issue and enforce subpoenas 7#a7 ,in general ,for the purpose of any hearing1 investigation1 or other proceeding authorized or directed under this title1 the ,secretary shall have power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the ,secretary4 ,such attendance of witnesses and production of evidence at the designated place of such hearing1 investigation1 or other proceeding may be required from any place in the ,united ,states or in any ,territory or possession thereof4 7#b7 ,service2 witnesses ,subpoenas of the ,secretary shall be served by anyone authorized by the ,secretary-- 7,a7 by delivering a copy thereof to the individual named therein2 or 7,b7 by registered mail or by certified mail addressed to such individual at his last dwelling place or principal place of business4 ,a verified return by the individual serving the subpoena setting forth the manner of service1 or1 in the case of service by registered mail or by certified mail1 the return post-office receipt therefor signed by the individual so served1 shall be proof of service4 ,witnesses so subpoenaed shall be paid the same fees and mileage as are paid witnesses in the district courts of the ,united ,states4 7#c7 ,contumacy or refusal to obey a subpoena 7,a7 ,in general ,in case of contumacy by1 or refusal to obey a subpoena duly served upon1 any person1 any district court of the ,united ,states for the judicial district in which the person charged with contumacy or refusal to obey is found or resides or transacts business1 upon application by the ,secretary1 shall have jurisdiction to issue an order requiring such person to appear and give testimony1 or to appear and produce evidence1 or both4 ,any failure to obey such order of the court may be punished by the court as contempt thereof4 7,b7 ,treatment of employers ,in the case of contumacy by1 or refusal to obey a subpoena duly served upon1 any employer1 the ,secretary shall impose such penalties against the employer as the ,secretary determines may apply pursuant to section #bbaj7;f74 #bbjf4 ,stewardship 7a7 ,promoting equity ,the ,secretary shall conduct a robust program to analyze and prevent disparities on the basis of race1 color1 ethnicity1 religion1 sex1 sexual orientation1 gender identity1 disability1 age1 national origin1 family composition1 or living arrangements with respect to the benefits provided under this title and individuals' access to such benefits4 7b7 ,underpayments and overpayments 7#a7 ,in general ,whenever the ,secretary determines that more or less than the correct amount of payment has been made to any individual under this title1 the ,secretary 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 made1 under regulations prescribed by the ,secretary1 as follows3 7,a7 ,underpayments ,with respect to payment to an individual of less than the correct amount1 the ,secretary 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 ,secretary shall decrease any payment for a month under this title to which such overpaid individual is entitled 7except that the weekly benefit amounts for each week ending during such month as determined under section #bbjc7;a7 may not be decreased below 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 or before 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 #bbab7 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 has been made1 there shall be no adjustment of payments to1 or recovery by the ,united ,states 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 be against equity and good conscience1 or would impede efficient or effective administration of this title1 as determined by the ,secretary under procedures to be established by the ,secretary4 7#c7 ,liability of certifying or disbursing officer ,no certifying or disbursing officer shall be held liable for any amount certified or paid by him to any individual where the adjustment or recovery of such amount is waived under paragraph 7#b71 or where adjustment under paragraph 7#a7 is not completed prior to the death of the individual against whose benefits deductions are authorized4 7c7 ,penalties and other procedures 7#a7 ,in general ,whoever-- 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 7,a7 his initial or continued right to any such benefit1 or 7,b7 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 commit any offense described in any of subparagraphs 7,a7 through 7,c71 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7#b7 ,exclusion from participation 7,a7 ,in general ,no person or entity who is convicted of a violation of paragraph 7#a7 may represent1 or submit evidence on behalf of1 an individual applying for1 or receiving1 benefits under this title4 7,b7 ,notice1 ,effective ,date1 and ,period of ,exclusion 7i7 ,in general ,an exclusion under this paragraph shall be effective at such time1 for such period1 and upon such reasonable notice to the public and to the individual excluded as may be specified in regulations consistent with clause 7ii74 7ii7 ,effective date ,such an exclusion 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 paragraph4 7iii7 ,period of exclusion 7,i7 ,in general ,the ,secretary shall specify1 in the notice of exclusion under clause 7i71 the period of the exclusion4 7,,ii7 ,previous offense ,in the case of the exclusion of a person or entity under subparagraph 7,a7 who has previously been subject to an exclusion under such subparagraph-- 7aa7 if the person or entity has previously been subject to such an exclusion only once1 the period of exclusion shall be not less than #aj years2 and 7bb7 if the person or entity has previously been subject to such an exclusion more than once1 the exclusion shall be permanent4 7,c7 ,notice to ,state ,licensing ,agencies ,the ,secretary shall-- 7i7 promptly notify the appropriate ,state or local agency or authority having responsibility for the licensing or certification of a person or entity excluded from participation under this section of the fact and circumstances of the exclusion2 7ii7 request that appropriate investigations be made and sanctions invoked in accordance with applicable ,state law and policy2 and 7iii7 request that the ,state or local agency or authority keep the ,secretary fully and currently informed with respect to any actions taken in response to the request4 7,d7 ,notice1 ,hearing1 and ,judicial ,review ,any person or entity who is excluded 7or directed to be excluded7 from participation under this section is entitled to reasonable notice and opportunity for a hearing by the ,secretary and to judicial review of such final agency decision to the same extent as is provided in section #bbje4 7,e7 ,application for ,termination of ,exclusion 7i7 ,in general ,an individual excluded from participation under this paragraph may apply to the ,secretary1 in the manner specified by the ,secretary in regulations and at the end of the period of exclusion provided under subparagraph 7,b77iii7 and at such other times as the ,secretary may provide1 for termination of the exclusion effected under this paragraph4 7ii7 ,criteria for termination ,the ,secretary may terminate the exclusion if the ,secretary determines1 on the basis of the conduct of the applicant which occurred after the date of the notice of exclusion or which was unknown to the ,secretary at the time of the exclusion1 that-- 7,i7 there is no basis under subparagraph 7,a7 for a continuation of the exclusion2 and 7,,ii7 there are reasonable assurances that the types of actions which formed the basis for the original exclusion have not recurred and will not recur4 7,f7 ,availability of records of excluded persons and entities ,nothing in this section shall be construed to have the effect of limiting access by any applicant or beneficiary under this title or the ,secretary to records maintained by any person or entity in connection with services provided to the applicant or beneficiary prior to the exclusion of such person or entity under this paragraph4 7,g7 ,reporting ,requirement ,any person or entity participating in1 or seeking to participate in1 the program under this title shall inform the ,secretary1 in such form and manner as the ,secretary shall prescribe by regulation1 whether such person or entity has been convicted of a violation under paragraph 7#a74 7d7 ,redetermination of entitlement 7#a7 ,in general 7,a7 ,procedures ,the ,secretary shall immediately redetermine the entitlement of individuals to paid family and medical leave benefit benefits under this title if there is reason to believe that fraud or similar fault was involved in the application of the individual for such benefits1 unless a ,united ,states attorney1 or equivalent ,state prosecutor1 with jurisdiction over potential or actual related criminal cases1 certifies1 in writing1 that there is a substantial risk that such action by the ,secretary with regard to beneficiaries in a particular investigation would jeopardize the criminal prosecution of a person involved in a suspected fraud4 7,b7 ,disregard of certain evidence ,when redetermining the entitlement1 or making an initial determination of entitlement1 of an individual under this title1 the ,secretary 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 monthly insurance benefits1 the ,secretary determines that there is insufficient evidence to support such entitlement1 the ,secretary 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 7#a7 ,in general ,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 #bbji and #bbaj1 subject to paragraph 7#b74 7#b7 ,limitation ,in no case shall a grant under section #bbji exceed a total amount 7for all applicable individuals7 equivalent to the sum of benefits paid 7including1 in the case of a grant under section #bbji1 the full cost of administering such benefits7 for each applicable individual 7as described under paragraph 7#c77 calculated on the basis of a total number of hours of leave during the individual's benefit period equal to-- 7,a7 the product of #ab multiplied by the number of hours in a regular workweek of the individual 7within the meaning of section #bbjc7;d771 minus 7,b7 the number of caregiving hours 7as defined in section #bbjb7;c77 of such individual credited in total to months during such benefit period under this title4 7#c7 ,applicable individual ,for purposes of paragraph 7#b71 an applicable individual is an individual1 with respect to whom a grant under section #bbji is awarded1 receiving paid family or medical leave benefits for days of leave under a paid family and medical leave benefit program of a legacy ,state 7as defined in section #bbji7;b774 7b7 ,funding for program administration ,there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 such sums as may be necessary for the following purposes 7including through the use of grants or contracts except where otherwise specified73 7#a7 ,costs related to taking applications1 responding to public inquiries1 assisting with problem resolution1 taking requests for appeals1 and the provision of other necessary assistance to individuals applying for or receiving benefits under this title1 including the following3 7,a7 ,costs related to staffing a national toll-free telephone number 7which shall not be carried out through the use of grants or contracts74 7,b7 ,costs related to technology to support a national toll-free telephone number and to technology related to the design1 construction and maintenance of an online application and customer service portal4 7,c7 ,costs related to mailed notices4 7#b7 ,costs related to determining eligibility 7which shall not be carried out through the use of grants or contracts74 7#c7 ,costs related to ensuring program integrity and combating fraud1 including by issuing regulations to do the following3 7,a7 ,ensure identity validation of applicants and beneficiaries4 7,b7 ,verify the professional credentials of relevant authorities who provide certifications pursuant to section #bbjd7;b77#b74 7,c7 ,ensure the accuracy of any wage and self-employment income data used in the administration of this title4 7,d7 ,ensure that the attestation requirement in section #bbjd7;b77#c7 has been satisfied for each applicant and beneficiary4 7,e7 ,ensure the accuracy of periodic benefit claim reports4 7,f7 ,provide for post-effectuation quality review of approved claims and quality review of denied claims 7which shall not be carried out through the use of grants or contracts74 7#d7 ,costs related to certification of payment of benefits 7which shall not be carried out through the use of grants or contracts74 7#e7 ,costs related to appeals 7which shall not be carried out through the use of grants or contracts74 7#f7 ,costs related to the administration by the ,secretary of the legacy ,state grant program under section #bbji and the employer-sponsored plan grant program under section #bbaj4 7#g7 ,costs related to developing systems of records for purposes of administering the program under this title 7which shall not be carried out through the use of grants or contracts1 except that costs related to technology to support such systems of records may be carried out through the use of grants or contracts74 7#h7 ,costs related to data exchange and sharing1 for which the ,secretary shall enter into an agreement with relevant data sources including the ,national ,directory of ,new ,hires and shall seek to enter into agreements with ,states to obtain such information as the ,secretary may require to determine eligibility and benefits payable under section #bbjb1 administer the grants in sections #bbji and #bbaj1 and verify such other information as the ,secretary determines may be necessary in carrying out the provisions of this title4 7#i7 ,costs related to the training of employees1 grantees1 and contractors1 including training relating to the prevention of discrimination in the administration of this title on the basis of race1 color1 ethnicity1 religion1 sex1 sexual orientation1 gender identity1 disability1 age1 national origin1 family composition1 or living arrangements4 7#aj7 ,costs related to providing technical assistance to legacy ,states under section #bbji and to employers or third party administrators designated by an employer of paid leave programs under section #bbaj4 7#aa7 ,costs related to providing technical assistance to small business employers with respect to the requirements of the small business assistance grants in section #bbaa and the process by which their employees may apply for benefits under section #bbjb2 and 7#ab7 ,any other costs necessary for the effective administration of this title4 #bbjh4 ,funding for outreach1 public education1 and research 7a7 ,funding for outreach and public education ,there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #aej1jjj1jjj for each of fiscal years #bjbb through #bjbf for the ,secretary to1 with respect to benefits provided by the program under this title-- 7#a7 engage in a robust program of culturally and linguistically competent education and outreach toward ensuring awareness of and access to such benefits2 7#b7 provide information to potential beneficiaries regarding eligibility requirements1 the claims process1 benefit amounts1 maximum benefits payable1 notice requirements1 the appeals process1 and nondiscrimination rights1 including specific benefit estimates based on the average weekly earnings of a potential beneficiary2 and 7#c7 provide employers with a model notice to be used to inform employees of the availability of such benefits4 7b7 ,funding for research ,there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #aej1jjj1jjj for each of fiscal years #bjbc through #bjbg for the ,secretary to-- 7#a7 develop and carry out grants for research for the purpose of ensuring full access to the benefits provided by the program under this title1 including through the detection and prevention of disparities on the basis of race1 color1 ethnicity1 religion1 sex1 sexual orientation1 gender identity1 disability1 age1 national origin1 income1 language1 job classification1 family composition1 or living arrangements2 and 7#b7 annually make available to the public beginning in fiscal year #bjbd a report that includes-- 7,a7 the number of individuals who received such benefits2 7,b7 the purposes and durations for which such benefits were received2 7,c7 an analysis of benefit use by occupation1 industry1 wage levels1 employer size1 and geography2 7,d7 an analysis of disparities identified by the grants for research authorized under this subsection on the basis of race1 color1 ethnicity1 religion1 sex1 sexual orientation1 gender identity1 disability1 age1 national origin1 family composition1 or living arrangements2 7,e7 a description of the actions by the ,secretary to prevent disparities and ensure full access to the benefits provided by the program under this title2 7,f7 a comparative analysis of paid family and medical leave benefits received by individuals through the program under section #bbjb1 through a legacy ,state paid family and medical leave program described in section #bbji1 or through an employer-sponsored program described in section #bbaj that takes into account the number of individuals receiving benefits1 the characteristics of the benefits received1 and the patterns of leave-taking under each program2 7,g7 the number of employers who received a reimbursement grant under section #bbaj and the number of employees of such employers who received paid family and medical leave benefits under an employer-sponsored program described in such section2 and 7,h7 the number of employers who received one or more small business assistance grants under section #bbaa and the total number of such grants provided4 #bbji4 ,funding for ,state administration option for legacy ,states 7a7 ,in general ,in each calendar year beginning with #bjbd1 the ,secretary shall make a grant to each ,state that1 for the calendar year preceding such calendar year 7or1 in the case of a grant under this section in #bjbd1 for the portion of such preceding calendar year occurring after ,june #cj71 was a legacy ,state and that met the data sharing requirements of subsection 7c71 in an amount equal to the lesser of-- 7#a7 an amount1 as estimated by the ,secretary1 in consultation with the ,secretary of ,labor1 equal to the total amount of paid family and medical leave benefits that would have been paid under section #bbjb 7including the full ,federal cost of administering such benefits7 to individuals who received benefits under a ,state program described in subsection 7b7 during the calendar year preceding such calendar year 7or1 in the case of a grant under this section in #bjbd1 for the portion of such preceding calendar year occurring after ,june #cj7 if the ,state had not been a legacy ,state for such preceding calendar year 7or1 in the case of a grant under this section in #bjbd1 for the portion of such preceding calendar year occurring after ,june #cj72 or 7#b7 an amount equal to the total cost of the ,state paid family and medical leave program described in subsection 7b7 for the calendar year preceding such calendar year 7or1 in the case of a grant under this section in #bjbd1 for the portion of such preceding calendar year occurring after ,june #cj71 including-- 7,a7 the total amount of paid family and medical leave benefits that would have been paid to individuals under such program for leave that is exempt under such program on account of being otherwise paid under a program provided by such individual's employer2 and 7,b7 the full cost to the ,state of administering such program4 ,in any case in which1 during any calendar year1 the ,secretary has reason to believe that a ,state will be a legacy ,state and meet the data sharing requirements of subsection 7c7 for such calendar year1 the ,secretary 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 that the ,secretary1 in consultation with the ,secretary of ,labor1 determines-- 7#a7 has enacted1 not later than the date of enactment of this title1 a ,state law that provides paid family and medical leave benefits2 and 7#b7 for any calendar year that begins on or after the date that is #c years after the date of enactment of this title1 has in effect1 throughout such calendar year1 a ,state program enacted into law-- 7,a7 that provides paid family and medical leave benefits-- 7i7 for at least #ab full workweeks of leave during each #ab-month period to at least all of those individuals in the ,state who would be eligible for paid family and medical leave benefits under section #bbjb 7without regard to section #bbjb7;c77#b77;,d77 during any part of such calendar year1 provided that such ,state program-- 7,i7 shall provide paid family and medical leave benefits for leave from employment by the ,state or any political subdivision thereof1 except that any ,state or local employees subject to a collective bargaining agreement may be excluded from such coverage with the agreement of #ij percent of the employees covered by the collective bargaining agreement2 and 7,,ii7 may provide such benefits for leave from ,federal employment2 and 7ii7 at a wage replacement rate that is at least equivalent to the wage replacement rate under the program under this title 7without regard to section #bbjb7;c77#b77;,d772 and 7,b7 that provides an annual notice to each individual whose employment would be eligible for such benefits under the ,state program4 7c7 ,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 ,secretary under which the ,state shall provide the ,secretary-- 7#a7 with information1 to be provided periodically as determined by the ,secretary1 concerning individuals who received a paid leave benefit under a ,state program described in 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 the ,secretary may require 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 the ,secretary determines may be necessary in carrying out the provisions of this title1 including for the purposes of promoting equity as described under section #bbjf7;a7 and for research described under section #bbjh7;b74 7d7 ,funding for transitional costs for legacy ,states 7#a7 ,in general ,there are appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 such sums as necessary for grants in accordance with this subsection4 7#b7 ,transition grants ,the ,secretary shall make a grant under this subsection to each ,state that-- 7,a7 is a legacy ,state for the calendar year in which occurs the date of enactment of this title2 7,b7 certifies to the ,secretary that the ,state intends to remain a legacy ,state and meet the data sharing requirements of subsection 7c7 at least through the first calendar year that begins on or after the date that is #c years after the date of enactment of this title2 and 7,c7 agrees to repay the full amount of such grant if the ,state fails to remain a legacy ,state and meet the data sharing requirements of subsection 7c7 as certified in subparagraph 7,b74 7#c7 ,amount of grant ,the amount of a grant provided to a ,state under this subsection shall be equal to #a_/b of the sum of the ,state's expenditures from the date of enactment of this title through the calendar year described in paragraph 7#b77;,b7 on-- 7,a7 the costs of creating new information technology systems as needed to implement the data sharing requirements of subsection 7c7 7including staffing costs related to such systems72 and 7,b7 other necessary costs incurred by the ,state to meet the requirements of subsection 7b77#b77;,a77ii74 7#d7 ,estimated advance payments ,the ,secretary may make estimated payments of a grant provided to a ,state under this subsection for any calendar year1 to be adjusted as appropriate in the succeeding calendar year4 #bbaj4 ,reimbursement option for employer-sponsored paid leave benefits 7a7 ,in general ,for each calendar year beginning with #bjbc1 the ,secretary 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 paid family and medical leave benefit program with respect to which benefits are awarded and paid under a contract with an insurer1 an amount equal to #ij percent of the product of-- 7,a7 the projected national average cost per employee of providing paid family and medical leave benefits as determined by the ,secretary for such calendar year under subsection 7c77#c7 7or1 in the case of calendar year #bjbc1 #a_/b of such projected national average cost72 multiplied by 7,b7 the number of employees 7pro-rated for part-time employees7 covered under the program for such calendar year 7or1 in the case of calendar year #bjbc1 for the portion of such calendar year occurring after ,june #cj72 and 7#b7 in the case of an eligible employer sponsoring a self-insured paid family and medical 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 individuals for up to #ab weeks of leave per individual 7or1 in the case of calendar year #bjbc1 for the portion of such calendar year occurring after ,june #cj72 or 7,b7 if lesser1 the product of the national average weekly benefit amount paid under section #bbjc7;a7 during such calendar year 7or1 in the case of calendar year #bjbc1 during the portion of such calendar year occurring after ,june #cj7 multiplied by the number of weeks of leave 7up to #ab per individual7 paid by the employer for all individuals under the program for the calendar year 7or such portion in the case of calendar year #bjbc74 7b7 ,eligibility2 application requirements 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 #bbji7 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 would not be eligible for paid family or medical leave benefits under the law of any legacy ,state 7as defined in section #bbji7;b77 for such calendar year4 7,b7 ,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 ,secretary that the employer intends to seek a grant under this section for such calendar year2 7ii7 certifies to the ,secretary that the employer will have in effect during such calendar year a paid family and medical 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 ,secretary may request2 and 7iii7 pays an application fee of #a1jjj 7or #bjj in the case of a renewed application74 7,c7 ,approval by the ,secretary ,the paid family and medical leave benefit program referred to in subparagraph 7,b7 is subsequently approved by the ,secretary as meeting all applicable requirements4 7,d7 ,information submission requirement ,at the time of application for such grant for each calendar year1 the employer-- 7i7 submits to the ,secretary-- 7,i7 an attestation that the paid family and medical leave benefit program referred to in subparagraph 7,b7 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 employee of the employer covered by the program for such calendar year1 the employee's name1 information to establish the employee's identity1 and in the case of a part-time employee 7for purposes of determining the number of employees 7pro-rated for part-time employees7 covered under the program for such calendar year under subsection 7a77#a77;,b771 the number of hours the employee regularly works in a week2 and 7ii7 agrees to submit information to the ,secretary as described in subsection 7e74 7,e7 ,maintenance of records ,the employer agrees to retain all records relating to the employer's paid family and medical leave benefit program for not less than #c years4 7,f7 ,job protections and other employee rights ,as a condition of the grant1 the employer agrees-- 7i7 that1 on return from leave under the program described in subparagraph 7,b71 the individual taking such leave will-- 7,i7 be restored by the employer to the position of employment held by the individual 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 individual under any group health plan 7as defined in section #bbab7 for the duration of such leave at the level and under the conditions coverage would have been provided if the individual had continued in employment continuously for the duration of such leave2 7iii7 in any case in which an employee receives an adverse determination from the employer 7or administering entity7 with respect to paid family and medical leave benefits under the program described in subparagraph 7,b7-- 7,i7 to provide opportunity for the employee to appeal such adverse determination to the employer 7or administering entity72 and 7,,ii7 in any case in which the employee elects to appeal the results of such initial appeal to the ,secretary pursuant to section #bbje7;a77#a77;,b7 and the final decision of the ,secretary is in the employee's favor1 to provide for the payment of such paid family and medical leave benefits in addition to the costs to the ,secretary of such secondary appeal2 7iv7 to provide annual notice to all employees of the availability of paid family and medical leave benefits under the program described in subparagraph 7,b7 and of the right to appeal any adverse determination with respect to such benefits2 and 7v7 not to impose any fee on any employee related to the receipt of paid family and medical leave benefits under the program described in subparagraph 7,b74 7,g7 ,additional assurances ,the employer provides assurances that the employer 7or administering entity7-- 7i7 will not interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under such policy2 7ii7 will notify an employee in any case in which the employee is provided reimbursable benefits2 and 7iii7 will not discharge1 or in any other manner discriminate against1 any individual for opposing any practice prohibited by such policy4 7,h7 ,special conditions in the case of certain employers 7i7 ,self-insured private employers ,in the case of a paid family and medical leave benefit program of an employer 7other than a ,state or political subdivision thereof7 with respect to which benefits are awarded and paid directly by the employer 7or by a third party administrator on behalf of the employer7-- 7,i7 such employer employs at least #ej employees described in subparagraph 7,a72 7,,ii7 such benefits are guaranteed by a surety bond held by the employer2 and 7,,iii7 such employer 7or administering entity7 holds funds in a dedicated account for such benefits not used for any other business purpose4 7ii7 ,self-insured ,state and local employers ,in the case of a paid family and medical leave benefit program of an employer that is a ,state 7or political subdivision thereof7 with respect to which benefits are awarded and paid directly by the employer 7or by a third party administrator on behalf of the employer71 such benefits are negotiated pursuant to a collective bargaining agreement4 7#b7 ,timing of application 7,a7 ,certification ,the certification deadline specified in this subparagraph for a calendar year is-- 7i7 for calendar year #bjbc1 ,march #ca1 #bjbc2 and 7ii7 for any calendar year after #bjbc1 #ij days before the beginning of such calendar year1 or1 if later1 the date that is #ij days before a plan described in paragraph 7#a77;,b7 first goes into effect4 7,b7 ,submission of documentation ,the submission deadline specified in this subparagraph for a calendar year is-- 7i7 for calendar year #bjbc1 ,may #ae1 #bjbc2 and 7ii7 for any calendar year after #bjbc1 #de days before the beginning of such calendar year1 or1 if later1 the date that is #de days before a plan described in paragraph 7#a77;,b7 first goes into effect4 7c7 ,employer program requirements 7#a7 ,in general ,a paid family and medical leave benefit program shall not be considered to meet the requirements of this subsection unless such program consists of a written employer policy that provides for the payment1 through one or more employee benefit plans1 of family and medical leave benefits1 which may be guaranteed through an insurer and which may be administered by an insurer or by another third-party entity1 that includes each element in the model template described in paragraph 7#b71 and that provides for each of the following3 7,a7 ,the provision of such benefits to all employees described in subsection 7b77#a77;,a71 regardless of length of service1 job type1 membership in a labor organization1 seniority status1 or any other employee classification4 7,b7 ,each of the job protections and other employee rights described in subsection 7b77#a77;,f74 7,c7 ,each of the assurances described in subsection 7b77#a77;,g74 7,d7 ,submission of information to the ,secretary as described in subsection 7e74 7#b7 ,model template ,not later than ,july #a1 #bjbb1 the ,secretary shall make available to eligible employers a model template of a written policy providing paid family and medical leave benefits-- 7,a7 at a wage replacement rate that is at least as great as the wage replacement rate that an employee would receive under the program under this title 7without regard to section #bbjb7;c77#b77;,c772 7,b7 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 employee would receive under the program under this title 7without regard to such section72 7,c7 for all of the reasons for which an individual would be considered to be engaged in qualified caregiving under section #bbjb7;c77#b77;,a71 regardless of any pre-existing medical conditions2 7,d7 for leave which may be taken intermittently or on a reduced leave schedule2 7,e7 that does not impose any fee on any employee related to the receipt of such benefits4 7,f7 which must be paid not less frequently than monthly2 7,g7 for which applications must be processed and notifications provided at least as quickly as is provided under section #bbjd for benefits provided under section #bbjb7;a72 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 false2 7#c7 ,national average cost ,not later than ,october #a of the calendar year before each calendar year beginning with #bjbc1 the ,secretary shall determine the projected national average cost per employee for such calendar year of a paid family and medical leave benefit program that meets the requirements of paragraph 7#b7 7assuming administrative costs no greater than the average or projected average administrative costs of providing benefits under section #bbjb71 taking into account projected benefit levels1 duration of benefits1 and frequency of use of the program in such calendar year4 7d7 ,timing of payment2 penalty for late filing 7#a7 ,insured employers ,a grant paid under this section for a calendar year to an eligible employer described in subsection 7a77#a7 shall be paid by the ,secretary not later than #cj days after the beginning of such calendar year1 except that in the case of a grant under this section for calendar year #bjbc1 such grant shall be paid by the ,secretary not later than ,august #a1 #bjbc4 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 ,secretary 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#a77;,b77ii7-- 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 ,secretary with information1 at such times and in such manner as determined by the ,secretary1 concerning individuals who received a paid leave benefit under the paid family and medical leave benefit program of the employer1 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 the ,secretary may require for the purpose of carrying out this section and section #bbjb7;c77#b77;,c71 and for otherwise carrying out the provisions of this title1 including for the purposes of promoting equity as described under section #bbjf7;a7 and for research described under section #bbjh7;b74 7f7 ,enforcement 7#a7 ,in general ,the ,secretary shall conduct periodic reviews of employers receiving grants under this section 7and of entities administering such grants74 ,the ,secretary may withdraw approval of the paid family and medical leave benefit program of an employer in any case in which the ,secretary finds that the employer 7or administering entity7 has violated any requirement of this section1 and may disqualify an employer 7or administering entity7 from receiving 7or administering7 subsequent grants under this section in the case of repeated violations4 7#b7 ,penalties relating to appeals ,in any case in which the ,secretary 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 ,secretary pursuant to an appeal described in section #bbje7;a77#a77;,b71 the ,secretary may impose such penalties on the employer 7or administering entity7 as the ,secretary deems appropriate1 which may include a reduction in1 or disqualification from receiving 7or administering71 subsequent grants under this section4 7#c7 ,penalties on administering entities ,in the case of a third-party entity administering a paid family and medical 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 ,secretary determines that a pattern of misconduct exists with respect to an entity administering benefits under this section for multiple employers1 the ,secretary 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 ,secretary only if such appeal is filed with the ,secretary not later than #fj days after the date of such decision4 7g7 ,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 #bbaa4 ,funding for small business assistance 7a7 ,in general ,there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 such sums as may be necessary for grants in accordance with this section4 7b7 ,small business assistance grants ,the ,secretary shall make a grant to each eligible employer 7as defined in subsection 7g77 who employs a covered individual 7as so defined7 if such eligible employer satisfies the requirements of subsection 7c74 7c7 ,grant requirements ,an eligible employer seeking a grant under this section with respect to a covered individual described in subsection 7b7 shall-- 7#a7 not later than #ij days after such individual returns from qualified leave 7as defined in subsection 7g77 from the employer1 submit an application to the ,secretary in such manner as the ,secretary shall provide2 7#b7 attest to the ,secretary that the employer reasonably expects to1 during the period in which such individual is taking such qualified leave1 incur costs attributable to replacing the labor of such individual during such period in excess of the wages that would be paid to the individual during such period if such leave were not taken2 7#c7 agree that1 on return from such qualified leave1 the individual will-- 7,a7 be restored by the employer to the position of employment held by the individual when the leave commenced2 or 7,b7 be restored to an equivalent position with equivalent employment benefits1 pay1 and other terms and conditions of employment2 7#d7 agree to maintain coverage for the individual under any group health plan 7as defined in section #bbab7 for the duration of such qualified leave at the level and under the conditions coverage would have been provided if the individual had continued in employment continuously for the duration of such leave2 7#e7 upon the award of such grant1 notify the individual of their rights under paragraphs 7#c7 and 7#d74 7d7 ,amount of grant ,the amount of a grant to an eligible employer with respect to a covered individual shall be an amount equal to the product of #b4e multiplied by the average weekly wage of the ,state in which the individual's worksite is located for the most recent calendar year4 ,for purposes of this subsection1 the average weekly wage of a ,state for a calendar year shall be determined and annually published by the ,secretary on the basis of data prepared by the ,bureau of ,labor ,statistics that is based on a quarterly census of employers in the ,state of wages paid for unemployment insurance-covered employment4 7e7 ,limitations ,in no case may an eligible employer-- 7#a7 receive more than #a grant under this section with respect to the same covered individual in a single calendar year2 or 7#b7 receive more than #aj total grants under this section in a single calendar year4 7f7 ,enforcement ,in any case in which-- 7#a7 an employer's attestation with respect to costs incurred made pursuant to subsection 7c77#b7 is not made in good faith2 or 7#b7 an employer who receives a grant under this section with respect to a covered individual fails to satisfy the requirements of paragraph 7#c7 or 7#d7 of subsection 7c7 with respect to such individual1 the ,secretary may require the employer to repay the full amount of such grant 7including any applicable interest7 and may permanently prohibit the employer from applying for any subsequent grants under this section4 7g7 ,definitions ,for purposes of this section-- 7#a7 ,covered individual ,for purposes of this section1 the term covered individual means an individual employed by an eligible employer who takes #d or more weeks of leave from such employer1 or anticipates taking #d or more weeks1 during the individual's benefit period for which the individual receives paid family and medical leave benefits-- 7,a7 under section #bbjb7;a72 7,b7 under the law of a legacy ,state 7as defined in section #bbji7;b772 or 7,c7 under an eligible employer-sponsored plan under section #bbaj1 but only if the eligible employer has received no other ,state or ,federal grant intended to cover the costs described in subsection 7c77#b7 with respect to such individual4 7#b7 ,eligible employer ,the term eligible employer means any person 7other than a governmental agency7 who regularly employs at least #a and not more than #ej employees4 7#c7 ,qualified leave ,the term qualified leave means leave taken by an individual with respect to which the individual is eligible for paid family and medical leave benefits under section #bbjb1 under the law of a legacy ,state 7as defined in section #bbji7;b771 or under an eligible employer-sponsored plan under section #bbaj4 #bbab4 ,definitions ,for purposes of this title the following definitions apply3 7#a7 ,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#b7 ,national average wage index ,the term national average wage index has the meaning given such term in section #bji7k77#a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#d7 ,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 ,secretary 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#e7 ,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#f7 ,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 ,code1 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#g7 ,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 paid leave 7a7 ,in general ,section #dec7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;j77 is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#aa7 as paragraphs 7#f7 through 7#ab71 respectively2 and 7#b7 by adding after paragraph 7#d7 the following3 7#e7 ,provision of new hire information for purposes of family and medical leave program 7,a7 ,in general ,the ,national ,directory of ,new ,hires shall provide the ,secretary of the ,treasury with all information in the ,national ,directory relating to wages paid to individuals4 7,b7 ,use and maintenance of information by the ,secretary of the ,treasury ,the ,secretary of the ,treasury may use information provided under this paragraph only for purposes of administering the paid family and medical leave benefit program under title ,,xxii1 and shall maintain such information in the records of the ,secretary of the ,treasury for such time as the ,secretary of the ,treasury deems necessary for the administration of such program4 4 7b7 ,conforming amendment ,section #dec7;i77#b77;,c7 of such ,act 7#db ,u4,s4,c4 #fec7;i77#b77;,c77 is amended by striking 7j77#e7 and inserting 7j77#f74 ,b ,retirement #acajja4 ,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 ,automatic contribution plans and arrangements #acaaja4 ,tax imposed on employers failing to maintain or facilitate automatic contribution plan or arrangement 7a7 ,automatic contribution plan or arrangement 7#a7 ,in general ,section #dad is amended by adding at the end the following3 7aa7 ,automatic contribution plan or arrangement ,for purposes of this title-- 7#a7 ,in general ,the term automatic contribution plan or arrangement means-- 7,a7 a defined contribution plan that-- 7i7 is described in clause 7i71 7ii71 or 7iv7 of section #bai7;g77#e77;,a71 7ii7 includes a qualified cash or deferred arrangement or a salary reduction arrangement1 and 7iii7 meets the notice1 eligibility1 contribution1 investment1 fee1 and lifetime income requirements of paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#g71 respectively1 7,b7 an automatic ,,ira arrangement described in paragraph 7#h71 7,c7 an arrangement described in section #djh7p7 that meets the notice1 contribution1 investment1 and fee requirements described in paragraphs 7#b71 7#d71 7#e71 and 7#f71 and 7,d7 a plan described in clause 7i71 7ii71 7iv71 7v71 or 7vi7 of section #bai7;g77#e77;,a7 that is established and maintained by an employer as of the date of enactment of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 or a plan described in section #bai7;g77#e77;,a77iv7 that is not subject to title ,i of the ,employee ,retirement ,income ,security ,act of #aigd and offers annuity contracts1 or makes custodial accounts available to employees1 as of such date4 7#b7 ,notice requirements ,a plan or arrangement shall be treated as meeting the notice requirements of this paragraph with respect to an employee if the plan or arrangement meets the notice requirements of1 or similar to1 the notice requirements of section #dja7k77#ac77;,e71 excluding any such notice requirements that are not applicable or relevant to the such plan or arrangement4 7#c7 ,eligibility requirements 7,a7 ,in general ,the requirements of this paragraph shall be treated as met if all employees of the employer are eligible to participate in an automatic contribution plan or arrangement maintained or facilitated by the employer4 7,b7 ,certain exclusions ,the following employees may be excluded from consideration in determining whether the requirements of this paragraph are met3 7i7 ,individuals less than #ba years old ,any employee who has not attained age #ba4 7ii7 ,certain other employees ,any employee described in section #daj7;b77#c74 7iii7 ,service requirements ,any employee who has not completed at least one of the following periods of service with the employer maintaining or facilitating the plan or arrangement3 7,i7 ,the period permitted under section #daj7;a77#a7 7determined without regard to subparagraph 7,b77i7 thereof74 7,,ii7 ,a period of #b consecutive #ab-month periods during each of which the employee has at least #ejj hours of service4 7,c7 ,special rules for controlled groups ,eligible employees within an employer need not be eligible to participate in the same automatic contribution plan or arrangement4 ,for purposes of this subsection1 the term employer shall include all employers treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad4 7,d7 ,entry dates ,rules similar to the rules of section #daj7;a77#d7 shall apply with respect to employees who have satisfied the age and service requirements referenced in subparagraph 7,b7 and who are otherwise entitled to participate in a plan or arrangement4 7#d7 ,contribution requirements 7,a7 ,in general ,the requirements of this paragraph shall be treated as met if1 under the plan or arrangement1 each employee eligible to participate in the plan or arrangement is treated as having elected to have the employer make elective contributions in an amount equal to the qualified percentage of compensation4 7,b7 ,election out ,the election treated as having been made under subparagraph 7,a7 shall cease to apply with respect to any employee if such employee makes an affirmative election-- 7i7 not to have such contributions made1 or 7ii7 to make elective contributions at a level specified in such affirmative election4 7,c7 ,qualified percentage ,for purposes of this paragraph1 and except as provided in subparagraph 7,d77i71 the term qualified percentage means1 with respect to any employee1 any percentage determined under the plan or arrangement if such percentage is applied uniformly1 does not exceed #ae percent 7#aj percent during the period described in clause 7i771 and is at least-- 7i7 #f percent during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in subparagraph 7,a7 is made with respect to such employee1 7ii7 #g percent during the first plan year following the plan year described in clause 7i71 7iii7 #h percent during the first plan year following the plan year described in clause 7ii71 7iv7 #i percent during the first plan year following the plan year described in clause 7iii71 and 7v7 #aj percent during any subsequent plan year4 7,d7 ,rules relating to ,automatic ,,ira arrangements ,for purposes of this paragraph-- 7i7 ,qualified percentage ,in the case of an automatic ,,ira arrangement1 the term qualified percentage means1 with respect to an employee for any plan year1 a percentage equal to the minimum percentage described for such plan year under subparagraph 7,c74 7ii7 ,payroll deduction contributions ,in the case of an automatic ,,ira arrangement1 any reference in this paragraph to elective contributions shall be treated as including a reference to payroll deduction contributions4 7#e7 ,investment requirements 7,a7 ,in general 7i7 ,default investments ,a plan or arrangement shall be treated as meeting the requirements of this paragraph if in the absence of an investment election by a participant or beneficiary1 amounts are invested only in the class of assets or funds described in subparagraph 7,b74 7ii7 ,required investment options in automatic ,,ira arrangement ,in addition to the default investment requirement of clause 7i71 an automatic ,,ira arrangement shall be treated as meeting the requirements of this paragraph if the arrangement also allows the participant to invest in any of the class of assets or funds described in subparagraph 7,b71 7,c71 7,d71 or 7,e71 and provides for no other investment options4 7,b7 ,target date_/lifecycle option ,the class of assets or funds described in this clause is the class of assets or funds that constitutes a qualified default investment alternative under ,department of ,labor regulation section #beej4djd;c-#e7;e77#d77;i74 7,c7 ,principal preservation ,the class of assets or funds described in this clause is the class of assets or funds that is designed to protect the principal of the individual on an ongoing basis4 7,d7 ,balanced option ,the class of assets or funds described in this clause is the class of assets or funds that constitutes a qualified default investment alternative under ,department of ,labor regulation section #beej4djd;c-#e7;e77#d77;ii74 7,e7 ,other ,any other class of assets or funds determined by the ,secretary to be a qualified investment for purposes of this section4 7#f7 ,fee requirements ,in the case of any plan or arrangement not otherwise subject to title ,i of the ,employee ,retirement ,income ,security ,act of #aigd1 under the fee requirements of this paragraph1 no participant may be charged unreasonable fees or expenses4 7#g7 ,lifetime income requirements 7,a7 ,in general ,a plan or arrangement shall be treated as meeting the lifetime income requirement described in this paragraph if the plan or arrangement permits participants to elect to receive at least #ej percent of their vested account balance in a form of distribution described in section #dja7;a77#ch77;,b77iii74 7,b7 ,exception 7i7 ,in general ,this paragraph shall not apply with respect to any participant whose vested account balance is #bjj1jjj or less at the time of distribution4 7ii7 ,not treated as discriminatory in favor of highly compensated employees ,a plan shall not be treated as failing to meet the requirements of section #dja7;a77#d7 solely by reason of applying the exception of clause 7i7 to the requirements of subparagraph 7,a74 7#h7 ,automatic ,,ira arrangement 7,a7 ,in general ,for purposes of this paragraph1 the term automatic ,,ira arrangement means1 with respect to an employer 7and trustee or issuer designated by the employer71 an arrangement facilitated by the employer which meets the requirements of this paragraph and the eligibility1 contribution1 investment1 and fee requirements of paragraphs 7#c71 7#d71 7#e71 and 7#f71 and under which an employee-- 7i7 may elect-- 7,i7 to have the employer make payroll deduction deposits on behalf of the individual as payroll deduction contributions to an individual retirement account1 or 7,,ii7 to have such payments paid to the employee directly in cash1 7ii7 is treated as having made the election under clause 7i77,i7 at the level determined under paragraph 7#d77;,d7 until the individual makes an affirmative election not to have such contributions made 7or to have such contributions made at a level specified in the affirmative election71 and 7iii7 may elect to modify the manner in which such amounts are invested for such plan year4 7,b7 ,administrative requirements 7i7 ,payments ,the requirements of this subparagraph are met with respect to any automatic ,,ira arrangement if the employer makes the payments elected or treated as elected under subparagraph 7,a77i7 on or before the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash4 7ii7 ,notice of election period ,the requirements of this paragraph shall be treated as met with respect to any year if the employer notifies each employee eligible to participate1 within a reasonable period of time before the beginning of such year 7and1 for the first year the employee is so eligible1 a reasonable period of time before the first day such employee is so eligible71 of-- 7,i7 the opportunity to elect to have contributions made1 or to be treated as so electing1 under clause 7i77,i71 or 7ii71 of subparagraph 7,a71 7,,ii7 the opportunity to elect not to have payroll deduction contributions made or to have such contributions made at a different percentage or in a different amount1 and 7,,iii7 the opportunity under subparagraph 7,a77iii7 to modify the manner in which such amounts are invested for such year4 ,the employer shall provide such notice in paper form or1 if the employee so elects1 in electronic form4 7,c7 ,limits on contributions ,an employer shall not be treated as failing to satisfy the requirements of this section or any other provision of this title merely because-- 7i7 aggregate payroll deduction contributions by or on behalf of an individual to individual retirement accounts of the individual exceed the deductible amount in effect under section #bai7;b77#e7 7determined without regard to subparagraph 7,b7 thereof7 for any taxable year in which any payroll deduction contributions by the employer under an automatic ,,ira arrangement are made1 or 7ii7 the employer chooses to limit the payroll deduction contributions under this subsection on behalf of an employee for any calendar year in a manner reasonably designed to avoid exceeding such deductible amount4 7,d7 ,default treatment as ,roth ,,ira ,an employee on whose behalf payroll deduction contributions are made to an individual retirement account under subparagraph 7,a7 may elect1 at such time and in such manner and form as the ,secretary may prescribe1 whether to treat the individual retirement account as designated as a ,roth ,,ira4 ,if no such election is made1 the account shall be treated as so designated4 7,e7 ,deposits to individual retirement accounts of a designated trustee or issuer 7i7 ,in general ,an employer shall not be treated as failing to satisfy the requirements of this section1 or any other provision of this title1 merely because the employer makes all payroll deduction contributions on behalf of all employees 7or all employees who do not specify an individual retirement account1 trustee1 or issuer to receive the contributions7 to individual retirement accounts specified in clause 7ii74 7ii7 ,individual retirement accounts other than those selected by employee ,an employer may elect to have payroll deduction contributions for all employees participating in an automatic ,,ira arrangement made to individual retirement accounts of a trustee or issuer under the arrangement that has been designated by the employer1 but only if the provider of such accounts1 and the investments therein1 are identified on the website established under subparagraph 7,f77iii74 ,the preceding sentence shall not apply unless each participant is notified in writing that the participant's balance may be transferred without cost or penalty to another individual retirement account established by or on behalf of the participant4 ,such notice shall be in paper form or1 if the employee so elects1 electronic form4 7iii7 ,employers may permit employee to choose ,,ira ,if the employer so elects1 the arrangement may provide for an employee election to have payroll deduction contributions made to any individual retirement account specified by the employee4 7iv7 ,regulations ,the ,secretary may issue such regulations as are necessary to carry out the purposes of this subparagraph1 including establishment of procedures to assist employers in connecting with certified and available providers of individual retirement accounts and to communicate to individuals the importance of investment diversification4 7,f7 ,model notice1 etc ,the ,secretary shall-- 7i7 provide a model notice1 written in a manner calculated to be understandable to the average worker1 that is simple for employers to use-- 7,i7 to notify employees of the requirement under this section for the employer to provide certain employees with the opportunity to participate in an automatic ,,ira arrangement1 and 7,,ii7 to satisfy the requirements of subparagraph 7,b77ii71 7ii7 provide model forms for enrollment1 including automatic enrollment1 in an automatic ,,ira arrangement1 7iii7 establish a website or other electronic means that small employers and individuals can access and use to obtain information on automatic ,,ira arrangements 7including clear1 standardized1 easy-to-compare information on fees and expenses and investment returns in a format prescribed by the ,secretary7 and to obtain notices and forms1 and 7iv7 establish a process-- 7,i7 for the provider of an automatic ,,ira arrangement to demonstrate to the ,secretary that the arrangement is described in this paragraph and meets the requirements specified in paragraph 7#a77;,b71 and 7,,ii7 to certify any arrangement that the ,secretary determines so demonstrates1 to regularly monitor compliance and update such determinations and certifications1 and to list all arrangements so certified on the website described in clause 7iii7 as appropriate for use by employers and participants4 ,the information referred to in clause 7iii7 shall be provided in a manner designed to assist employers and providers by facilitating the identification by employers of private-sector providers of individual retirement accounts1 including the provider's investment options1 that are appropriate for use in automatic ,,ira arrangements4 7,g7 ,safe harbor for certain ,state-provided arrangements ,an arrangement facilitated by an employer shall not fail to be treated as an automatic ,,ira arrangement merely because such arrangement is provided or otherwise offered1 in whole or in part1 by a ,state4 7,h7 ,individual retirement account ,for purposes of this paragraph1 the term individual retirement account shall have the meaning given such term by section #djh7;a71 except that such term shall include individual retirement annuities 7as defined in section #djh7;b774 4 7#b7 ,other rules applicable to automatic ,,ira arrangements 7,a7 ,penalty for failure to timely remit contributions to automatic ,,ira arrangements ,section #dige7;c7 is amended by adding at the end the following new paragraph3 7#g7 ,special rule for automatic ,,ira arrangements ,for purposes of paragraph 7#a71 if an employer is required under an automatic ,,ira arrangement 7as defined in section #dad7;aa77#a77;,b77 to deposit amounts withheld from an employee's compensation into an individual retirement account 7within the meaning of section #dad7;aa77#h77;,h77 but fails to do so within the time prescribed under section #dad7;aa77#h77;,b77i71 such amounts shall be treated as assets of the individual retirement account4 4 7,b7 ,waiver of early withdrawal penalty for certain distributions following initial election to participate in automatic ,,ira arrangement ,section #gb7t7 is amended by adding at the end the following new paragraph3 7#aa7 ,distribution following initial election to participate in automatic ,,ira arrangement ,paragraph 7#a7 shall not apply in the case of a distribution-- 7,a7 to an individual from an individual retirement account 7within the meaning of section #dad7;aa77#h77;,h77 that is part of an automatic ,,ira arrangement 7as defined in section #dad7;aa77#h77;,a771 and 7,b7 made not later than #ij days after the initial election under section #dad7;aa77#h77;,a77ii74 4 7,c7 ,automatic ,,ira ,advisory ,group 7i7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall establish an ,automatic ,,ira ,advisory ,group 7hereinafter in this subparagraph referred to as the ,advisory ,group74 ,the purpose of the ,advisory ,group shall be to make recommendations1 advise1 and assist in the ,secretary's implementation and administration of paragraphs 7#e71 7#f71 and 7#h7 of section #dad7;aa7 of the ,internal ,revenue ,code of #aihf with respect to automatic ,,ira arrangements in the best financial interest of savers1 including-- 7,i7 the procedures and criteria for the periodic certification1 website listing1 and monitoring of investment options that meet the requirements of those paragraphs1 7,,ii7 user-friendly disclosure regarding investment returns1 terms1 fees1 and expenses to facilitate comparison1 7,,iii7 the use of low-cost investment options1 7,,iv7 the appropriate use of electronic and paper methods to provide notice and disclosure1 7,v7 any possible learnings or efficiencies based on the ,secretary's procedures and experience in approving nonbank individual retirement account trustees1 and 7,,vi7 such other related matters as may be determined by the ,secretary4 7ii7 ,membership ,the ,advisory ,group shall consist of not more than #ae members and shall be composed of-- 7,i7 such individuals as the ,secretary may consider appropriate to provide expertise regarding the financial needs and challenges of lower- and middle-income households1 7,,ii7 at least one individual who is an expert in retirement-related consumer protections or who represents the general public1 and 7,,iii7 at least one representative of the ,department of the ,treasury4 7iii7 ,compensation ,the members of the ,advisory ,group shall serve without compensation4 7iv7 ,administrative support ,the ,department of the ,treasury shall provide appropriate administrative support to the ,advisory ,group1 including technical assistance4 ,the ,advisory ,group may use the services and facilities of such ,department1 with or without reimbursement1 as determined by such ,department4 7v7 ,report by ,advisory ,group ,not later than #a year after the date of the enactment of this ,act1 the ,advisory ,group shall submit to the ,secretary of the ,treasury a report containing its recommendations4 ,the ,secretary may request that the ,advisory ,group submit subsequent reports4 7b7 ,excise tax for failure to maintain or facilitate automatic contribution plans or arrangements 7#a7 ,in general ,chapter #dc is amended by adding at the end the following new section3 #dihj;,j4 ,failure to maintain or facilitate automatic contribution plans or arrangements 7a7 ,general rule 7#a7 ,in general ,there is hereby imposed a tax on the failure of an employer to maintain or facilitate an automatic contribution plan or arrangement4 7#b7 ,exceptions 7,a7 ,paragraph 7#a7 shall not apply to an employer to the extent such employer participates in an arrangement under a qualified ,state law4 7,b7 ,paragraph 7#a7 shall not apply to an employer with respect to any employee who is eligible to participate in a different automatic contribution plan or arrangement than one or more other employees of the employer4 7b7 ,amount of tax 7#a7 ,in general ,the amount of the tax imposed by subsection 7a7 on any failure with respect to an employee shall be #aj for each day in the noncompliance period with respect to such failure4 7#b7 ,noncompliance period ,for purposes of this section1 the term noncompliance period means1 with respect to any failure1 the period-- 7,a7 beginning on the date such failure first occurs1 and 7,b7 ending on the earlier of-- 7i7 the date such failure is corrected1 or 7ii7 with respect to any employer1 the date that is #c months after the last date on which the employee is required to be eligible to participate in an automatic contribution plan or arrangement maintained or facilitated by such employer4 7#c7 ,adjustment for inflation 7,a7 ,in general ,in the case of any failure relating to maintaining or facilitating a plan or arrangement in a calendar year beginning after #bjbc1 the #aj amount under paragraph 7#a7 shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year determined by substituting calendar year #bjbb for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any amount adjusted under subparagraph 7,a7 is not a whole dollar amount1 such amount shall be rounded to the nearest whole dollar amount4 7c7 ,limitations on amount of tax 7#a7 ,tax not to apply where failure not discovered exercising reasonable diligence ,no tax shall be imposed by subsection 7a7 on any failure during any period for which it is established to the satisfaction of the ,secretary that none of the persons referred to in subsection 7e7 knew1 nor exercising reasonable diligence would have known1 that such failure existed4 7#b7 ,tax not to apply to failures corrected within #i months ,no tax shall be imposed by subsection 7a7 on any failure if-- 7,a7 such failure was due to reasonable cause and not to willful neglect1 and 7,b7 such failure is corrected during the #i-month period beginning on the first date any of the persons referred to in subsection 7e7 knew that such failure existed1 or exercising reasonable diligence would have known4 7#c7 ,overall limitation for unintentional failures ,in the case of failures which are due to reasonable cause and not to willful neglect-- 7,a7 ,general rule ,the tax imposed by subsection 7a7 for failures during the taxable year of the employer shall not exceed #ejj1jjj4 7,b7 ,taxable years in the case of certain controlled groups ,for purposes of this subparagraph1 if not all persons who are treated as a single employer for purposes of this section have the same taxable year1 the taxable years taken into account shall be determined under principles similar to the principles of section #aefa4 7#d7 ,waiver by ,secretary ,in the case of a failure which is due to reasonable cause and not to willful neglect1 the ,secretary may waive part or all of the tax imposed by subsection 7a7 to the extent that the payment of such tax would be excessive relative to the failure involved4 7d7 ,tax not to apply in certain cases ,this section shall not apply in the case of-- 7#a7 any employer with respect to a plan or arrangement that1 during the prior calendar year1 was maintained or facilitated only by employers each of which had no more than #e employees receiving at least #e1jjj of compensation from the employer for such year1 7#b7 any employer with respect to a governmental plan 7within the meaning of section #dad7;d771 7#c7 any employer with respect to a church plan 7within the meaning of section #dad7;e771 or 7#d7 any employer that has been in existence for fewer than #b years1 taking into account all predecessor employers4 7e7 ,liability for tax ,the employer shall be liable for the tax imposed by subsection 7a7 on a failure4 ,all employers1 determined without regard to subsection 7f77#b71 shall be jointly and severally liable for the liability of any other employer with which they are aggregated under subsection 7f77#b74 7f7 ,definitions ,for purposes of this section-- 7#a7 ,automatic contribution plan or arrangement ,the term automatic contribution plan or arrangement has the meaning given such term under section #dad7;aa71 and 7#b7 ,employer ,the term employer includes all employers treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad4 7#c7 ,qualified ,state law ,the term qualified ,state law means a ,state law 7as it may be amended from time to time7 that-- 7,a7 was enacted before the date of the enactment of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 and 7,b7 7i7 requires certain employers to facilitate an automatic ,,ira arrangement pursuant to a payroll deduction savings program of the ,state1 or 7ii7 allows certain employers to contribute to1 or participate in1 a plan described in section #dac7;c7 of such ,code established and maintained by the ,state4 4 7#b7 ,clerical amendment ,the table of sections for chapter #dc is amended by adding at the end the following new item3 ,sec4 #dihj;,j4 ,failure to maintain or facilitate automatic contribution plans or arrangements4 4 7c7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbb4 #acaajb4 ,deferral-only arrangements 7a7 ,in general ,section #dja7k7 is amended by adding at the end the following new paragraph3 7#af7 ,deferral-only arrangement 7,a7 ,in general ,a deferral-only arrangement shall be treated as meeting the requirements of paragraph 7#c77;,a77ii74 7,b7 ,deferral-only arrangement ,for purposes of this paragraph1 the term deferral-only arrangement means any cash or deferred arrangement which meets-- 7i7 the automatic deferral requirements of subparagraph 7,c71 7ii7 the elective contribution requirement of subparagraph 7,d71 and 7iii7 the requirements of subparagraph 7,e7 of paragraph 7#ac74 7,c7 ,automatic deferral 7i7 ,in general ,the requirements of this subparagraph shall be treated as met if1 under the arrangement1 each employee eligible to participate in the arrangement is treated as having elected to have the employer make elective contributions in an amount equal to the qualified percentage of compensation4 7ii7 ,election out ,the election treated as having been made under clause 7i7 shall cease to apply with respect to any employee if such employee makes an affirmative election-- 7,i7 to not have such contributions made1 or 7,,ii7 to make elective contributions at a level specified in such affirmative election4 7iii7 ,qualified percentage ,for purposes of this subparagraph1 with respect to any employee1 the term qualified percentage means1 in lieu of the meaning given such term in paragraph 7#ac77;,c77iii71 any percentage determined under the arrangement if such percentage is applied uniformly1 does not exceed #ae percent 7#aj percent during the period described in subclause 7,i77 and is at least-- 7,i7 #f percent during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in clause 7i7 is made with respect to such employee1 7,,ii7 #g percent during the first plan year following the plan year described in subclause 7,i71 7,,iii7 #h percent during the first plan year following the plan year described in subclause 7,,ii71 7,,iv7 #i percent during the first plan year following the plan year described in subclause 7,,iii71 and 7,v7 #aj percent during any subsequent plan year4 7,d7 ,elective contributions 7i7 ,in general ,the requirements of this subparagraph are met if under the plan containing the arrangement-- 7,i7 the only contributions which may be made are elective contributions of employees who are eligible to participate in the arrangement1 and 7,,ii7 the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed the amount in effect for the taxable year under section #bai7;b77#e7 7determined without regard to subparagraph 7,b7 thereof74 7ii7 ,cross reference ,for catch-up contributions for individuals age #ej or over1 see section #dad7v74 4 7b7 ,catch-up contributions for individuals age #ej and over 7#a7 ,section #dad7v77#b77;,b77i7 is amended by inserting 1 #dja7k77#af71 after #dja7k77#aa74 7#b7 ,section #dad7v77#b77;,b7 is amended by adding at the end thereof the following clause3 7iii7 ,in the case of an applicable employer plan described in section #dja7k77#af71 the applicable dollar amount is #a1jjj4 4 7#c7 ,section #dad7v77#b77;,c7 is amended-- 7,a7 by striking 7,b77i7 and and inserting 7,b77i71 and by inserting after subparagraph 7,b77ii7 the following3 1 and the #a1jjj amount described in subparagraph 7,b77iii71 7,b7 inserting after #bjje the following3 7the calendar quarter beginning ,july #a1 #bjbj1 in the case of the #a1jjj amount described in subparagraph 7,b77iii771 and 7,c7 by inserting before the period at the end the following 7#ajj in the case of an increase in the amount described in subparagraph 7,b77iii7 which is not a multiple of #ajj74 7c7 ,plans not treated as top-heavy plans ,section #daf7;g77#d77;,h77i7 is amended by striking or #dja7k77#ac7 and inserting #dja7k77#ac71 or #dja7k77#af74 7d7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbb4 #acaajc4 ,increase in credit limitation for small employer pension plan startup costs including for automatic contribution plan or arrangement 7a7 ,years for which credit is allowed ,section #de;,e7b77#a7 is amended by striking #b taxable years and inserting #d taxable years4 7b7 ,special rule for employers with #be or fewer employees ,section #de;,e7a7 is amended by inserting before the period at the end the following3 7#ajj percent of such costs in the case of an eligible employer with #be or fewer employees1 as determined by substituting #be for #ajj in section #djh7p77#b77;,c77i774 7c7 ,credit not to apply to certain plans or arrangements 7#a7 ,no credit with respect to deferral-only arrangements ,section #de;,e7d77#b7 is amended by inserting 7other than a deferral-only arrangement 7as defined in section #dja7k77#af77;,b77 before the period at the end4 7#b7 ,termination with respect to plans other than automatic contribution plans or arrangements ,section #de;,e is amended by adding at the end the following new subsection3 7f7 ,credit terminated for non-automatic contribution plans or arrangements after #bjbb ,in the case of taxable years beginning after ,december #ca1 #bjbb1 no credit shall be allowed under this section for amounts paid or incurred with respect to an eligible employer plan that is not an automatic contribution plan or arrangement 7as defined in section #dad7;aa774 4 7d7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acaajd4 ,credit for certain small employer automatic retirement arrangements 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,u4 ,credit for certain small employer automatic retirement arrangements 7a7 ,general rule ,for purposes of section #ch1 in the case of an eligible employer1 the small employer automatic retirement arrangement credit determined under this section for any taxable year in the credit period is #ejj4 7b7 ,definitions ,for purposes of this section-- 7#a7 ,eligible employer ,the term eligible employer means1 with respect to the calendar year in which the taxable year begins1 an employer which-- 7,a7 7i7 participates in an automatic ,,ira arrangement 7as defined in section #dad7;aa77#h771 or an arrangement described in #dihj;,j7a77#b77;,a71 or 7ii7 maintains a deferral-only arrangement 7as defined in section #dja7k77#af771 7,b7 is described in #djh7p77#b77;,c77i71 and 7,c7 did not maintain an eligible employer plan during the portion of the calendar year preceding the commencement of such arrangement1 or adoption of such deferral-only arrangement1 and the #b preceding calendar years4 7#b7 ,credit period ,the term credit period means the first #d calendar years beginning after the date of the enactment of this section in which the eligible employer participates in the arrangement or maintains the deferral-only arrangement4 7#c7 ,eligible employer plan ,the term eligible employer plan means a qualified employer plan within the meaning of section #digb7;d74 7c7 ,other rules ,for purposes of this section1 the rules of section #de;,e7e7 shall apply4 4 7b7 ,credit allowed as part of general business credit ,section #ch7;b7 of is amended by striking plus at the end of paragraph 7#cb71 by striking the period at the end of paragraph 7#cc7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cd7 the small employer automatic retirement arrangement credit determined under section #de,u7a74 4 7c7 ,clerical amendment ,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,u4 ,credit for certain small employer automatic retirement arrangements4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #b ,saver's ,match #acabja4 ,matching payments for elective deferral and ,,ira contributions by certain individuals 7a7 ,in general ,subchapter ,b of chapter #fe is amended by adding at the end the following new section3 #fdcc4 ,matching payments for elective deferral and ,,ira contributions by certain individuals 7a7 ,in general 7#a7 ,allowance of credit ,any eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed #a1jjj4 7#b7 ,payment of credit ,the credit under this section shall be-- 7,a7 treated as allowed by subpart ,c of part ,,iv of subchapter ,a of chapter #a1 and 7,b7 paid by the ,secretary as a contribution 7as soon as practicable after the eligible individual has filed a tax return making a claim for such credit for the taxable year7 to the applicable retirement savings vehicle of an eligible individual4 7b7 ,applicable percentage ,for purposes of this section-- 7#a7 ,in general ,except as provided in paragraph 7#b71 the applicable percentage is #ej percent4 7#b7 ,phaseout ,the percentage under paragraph 7#a7 shall be reduced 7but not below zero7 by the number of percentage points which bears the same ratio to #ej percentage points as-- 7,a7 the excess of-- 7i7 the taxpayer's modified adjusted gross income for such taxable year1 over 7ii7 the applicable dollar amount1 bears to 7,b7 the phaseout range4 ,if any reduction determined under this paragraph is not a whole percentage point1 such reduction shall be rounded to the next lowest whole percentage point4 7#c7 ,applicable dollar amount2 phaseout range 7,a7 ,joint returns ,except as provided in subparagraph 7,b7-- 7i7 the applicable dollar amount is #ej1jjj1 and 7ii7 the phaseout range is #bj1jjj4 7,b7 ,other returns ,in the case of-- 7i7 a head of a household 7as defined in section #b7;b771 the applicable dollar amount and the phaseout range shall be #c_/d of the amounts applicable under subparagraph 7,a7 7as adjusted under subsection 7h771 and 7ii7 any taxpayer who is not filing a joint return and who is not a head of a household 7as so defined71 the applicable dollar amount and the phaseout range shall be of the amounts applicable under subparagraph 7,a7 7as so adjusted74 7#d7 ,exception2 minimum credit ,in the case of an eligible individual with respect to whom 7without regard to this paragraph7 the credit determined under subsection 7a77#a7 is greater than zero but less than #ajj1 the credit allowed under this section shall be #ajj4 7c7 ,eligible individual ,for purposes of this section-- 7#a7 ,in general ,the term eligible individual means any individual if such individual has attained the age of #ah as of the close of the taxable year4 7#b7 ,dependents and full-time students not eligible ,the term eligible individual shall not include-- 7,a7 any individual with respect to whom a deduction under section #aea is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins1 and 7,b7 any individual who is a student 7as defined in section #aeb7;f77#b774 7d7 ,qualified retirement savings contributions ,for purposes of this section-- 7#a7 ,in general ,the term qualified retirement savings contributions means1 with respect to any taxable year1 the sum of-- 7,a7 the amount of the qualified retirement contributions 7as defined in section #bai7;e77 made by the eligible individual1 7,b7 the amount of-- 7i7 any elective deferrals 7as defined in section #djb7;g77#c77 of such individual1 and 7ii7 any elective deferral of compensation by such individual under an eligible deferred compensation plan 7as defined in section #deg7;b77 of an eligible employer described in section #deg7;e77#a77;,a71 7,c7 the amount of voluntary employee contributions by such individual to any qualified retirement plan 7as defined in section #digd7;c771 and 7,d7 the amount of contributions made by such individual to the ,,able account 7within the meaning of section #ebi;,a7 of which such individual is the designated beneficiary4 ,such term shall not include any amount attributable to a payment under subsection 7a77#b74 7#b7 ,reduction for certain distributions 7,a7 ,in general ,the qualified retirement savings contributions determined under paragraph 7#a7 for a taxable year shall be reduced 7but not below zero7 by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph 7#a7 may be made4 7,b7 ,testing period ,for purposes of subparagraph 7,a71 the testing period1 with respect to a taxable year1 is the period which includes-- 7i7 such taxable year1 7ii7 the #b preceding taxable years1 and 7iii7 the period after such taxable year and before the due date 7including extensions7 for filing the return of tax for such taxable year4 7,c7 ,excepted distributions ,there shall not be taken into account under subparagraph 7,a7-- 7i7 any distribution referred to in section #gb7p71 #dja7k77#h71 #dja7m77#f71 #djb7;g77#b71 #djd7k71 or #djh7;d77#d71 7ii7 any distribution to which section #djh7;d77#c7 or #djh;,a7d77#c7 applies1 7iii7 any portion of a distribution if such portion is transferred or paid in a rollover contribution 7as defined in section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh;,a7e71 or #deg7;e77#af77 to an account or plan to which qualified retirement contributions can be made1 and 7iv7 the amount of distributions under a qualified ,,able program 7within the meaning of section #ebi;,a7 that is equal to amounts not included in gross income with respect to such distributions under section #ebi;,a7c77#a77;,b7 7relating to distributions for qualified disability expenses74 7,d7 ,treatment of distributions received by spouse of individual ,for purposes of determining distributions received by an individual under subparagraph 7,a7 for any taxable year1 any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution4 7e7 ,applicable retirement savings vehicle 7#a7 ,in general ,the term applicable retirement savings vehicle means an account or plan elected by the eligible individual under paragraph 7#b74 7#b7 ,election ,any such election to have contributed the amount determined under subsection 7a7 shall be to an account or plan which-- 7,a7 is a ,roth ,,ira or a designated ,roth account 7within the meaning of section #djb;,a7 of an applicable retirement plan 7as defined in section #djb;,a7e77#a771 7,b7 is for the benefit of the eligible individual1 7,c7 accepts contributions made under this section1 and 7,d7 is designated by such individual 7in such form and manner as the ,secretary may provide74 7f7 ,other definitions and special rules 7#a7 ,modified adjusted gross income ,for purposes of this section1 the term modified adjusted gross income means adjusted gross income-- 7,a7 determined without regard to sections #iaa1 #ica1 and #icc1 and 7,b7 determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year4 7#b7 ,treatment of contributions ,in the case of any contribution under subsection 7a77#b7-- 7,a7 except as otherwise provided in this section or by the ,secretary under regulations1 such contribution shall be treated as-- 7i7 an elective deferral made by the individual which is a designated ,roth contribution1 if contributed to an applicable retirement plan1 or 7ii7 as a ,roth ,,ira contribution made by such individual1 if contributed to a ,roth ,,ira1 and 7,b7 such contribution shall not be taken into account with respect to any applicable limitation under sections #djb7;g77#a71 #djc7;b71 #djh7;a77#a71 #djh7;b77#b77;,b71 #djh;,a7c77#b71 #dad7v77#b71 #dae7;c71 or #deg7;b77#b71 and shall be disregarded for purposes of sections #dja7;a77#d71 #dja7k77#c71 #dja7k77#aa77;,b77i77,,iii71 and #daf4 7#c7 ,treatment of qualified plans1 etc ,a plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section #dja1 #djc1 #djh;,a1 or #deg solely by reason of accepting such contribution4 7#d7 ,erroneous credits 7,a7 ,in general ,if any contribution is erroneously paid under subsection 7a77#b71 including a payment that is not made to an applicable retirement savings vehicle1 the amount of such erroneous payment shall be treated as an underpayment of tax 7other than for purposes of part ,,ii of subchapter ,a of chapter #fh7 for the taxable year in which the ,secretary determines the payment is erroneous4 7,b7 ,distribution of erroneous credits ,in the case of a contribution to which subparagraph 7,a7 applies-- 7i7 section #gb shall not apply to the distribution of such contribution 7and any income attributable thereto7 if such distribution is received not later than the day prescribed by law 7including extensions of time7 for filing the individual's return for such taxable year1 and 7ii7 any plan or arrangement from which such a distribution is made under this subparagraph shall not be treated as violating any requirement under section #dja1 #djc1 #djh;,a1 or #deg solely by reason of making such distribution4 7g7 ,provision by ,secretary of information relating to contributions ,in the case of an amount elected by an eligible individual to be contributed to an account or plan under subsection 7e77#b71 the ,secretary shall provide guidance to the custodian of the account or the plan sponsor1 as the case may be1 detailing the treatment of such contribution under subsection 7f77#b7 and the reporting requirements with respect to such contribution under section #acabja7;c77#b7 of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 7h7 ,inflation adjustments 7#a7 ,in general ,in the case of any taxable year beginning in a calendar year after #bjbj1 each of the dollar amounts in subsections 7a77#a7 and 7b77#c77;,a77i7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 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 #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7#b7 ,rounding ,any increase determined under paragraph 7#a7 shall be rounded to the nearest multiple of-- 7,a7 #ajj in the case of an adjustment of the amount in subsection 7a77#a71 and 7,b7 #a1jjj in the case of an adjustment of the amount in subsection 7b77#c77;,a77i74 4 7b7 ,treatment of ,certain ,possessions 7#a7 ,payments to possessions with mirror code tax systems ,the ,secretary of the ,treasury 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 amendments made by this section4 ,such amounts shall be determined by the ,secretary of the ,treasury based on information provided by the government of the respective possession4 7#b7 ,payments to other possessions ,the ,secretary of the ,treasury shall pay to each possession of the ,united ,states which does not have a mirror code tax system amounts estimated by the ,secretary of the ,treasury as being equal to the aggregate benefits 7if any7 that would have been provided to residents of such possession by reason of the amendments made by 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 plan1 which has been approved by the ,secretary of the ,treasury1 under which such possession will promptly distribute such payments to its residents4 7#c7 ,coordination with credit allowed against ,united ,states income taxes ,no credit shall be allowed against ,united ,states income taxes under section #fdcc of the ,internal ,revenue ,code of #aihf 7as added by this section7 to any person-- 7,a7 to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section1 or 7,b7 who is eligible for a payment under a plan described in paragraph 7#b74 7#d7 ,mirror code tax system ,for purposes of this subsection1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the ,united ,states as if such possession were the ,united ,states4 7#e7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7c7 ,administrative provisions 7#a7 ,deficiencies ,section #fbaa7;b77#d7 is amended by striking and #gebg;,a and inserting #gebg;,a1 and #fdcc4 7#b7 ,reporting ,the ,secretary of the ,treasury shall-- 7,a7 amend ,form #eejj to require separate reporting of the aggregate amount of contributions received by the plan during the year under section #fdcc of the ,internal ,revenue ,code of #aihf 7as added by this section71 and 7,b7 amend ,form #edih to require similar reporting with respect to individual retirement accounts 7as defined in section #djh of such ,code7 and individual retirement annuities 7as defined in section #djh7;b7 of such ,code74 7d7 ,payment authority ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by striking or #gebg;,a and inserting #gebg;,a1 or #fdcc4 7e7 ,conforming amendments 7#a7 ,section #be;,b is amended by striking subsections 7a7 through 7f7 and inserting the following3 ,for payment of credit related to qualified retirement savings contributions1 see section #fdcc4 4 7#b7 ,the table of sections for subchapter ,b of chapter #fe is amended by adding at the end the following new item3 ,sec4 #fdcc4 ,matching payments for elective deferral and ,,ira contributions by certain individuals4 4 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbd4 #acabjb4 ,deadline to fund ,,ira with tax refund 7a7 ,in general ,section #bai7;f77#c7 is amended-- 7#a7 by striking is made not later than and inserting is made-- 7i7 not later than 1 7#b7 by striking the period at the end and inserting 1 or1 and 7#c7 by adding at the end the following new clause3 7ii7 by direct deposit by the ,secretary pursuant to an election on the return for such taxable year to contribute all or a portion of any amount owed to the taxpayer to an individual retirement account of the taxpayer1 but only if the return is filed not later than the date described in clause 7i74 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 ,c ,child care access and equity #acbjja4 ,child care access ,part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja-fai7 is amended by inserting after section #dah the following3 #dah;,a4 ,child care access 7a7 ,establishing ,state ,child ,care ,information ,networks 7#a7 ,development ,the ,secretary shall conduct a stakeholder engagement process to make recommendations about the development and implementation of the ,state ,child ,care ,information ,networks to be operated by the ,states1 ,indian tribes1 and territories4 ,the stakeholder engagement process may include parents1 center-based child care providers1 home-based child care providers1 child care policy experts1 trade associations1 labor unions1 and other organizations representing child care providers4 7#b7 ,models ,the ,secretary may use funds made available to the ,secretary for administrative purposes to establish national technology models for ,state ,child ,care ,information ,networks1 and guidance on development and establishment of interoperable data governance systems that address privacy and allow for sharing and storing data across information systems1 including guidance on alignment with ,state child care consumer education websites4 7#c7 ,data exchange standards and interoperability 7,a7 ,designation and use of data exchange standards 7i7 ,designation ,the ,secretary shall1 in consultation with an interagency work group established by the ,office of ,management and ,budget and considering ,state government perspectives1 designate data exchange standards for necessary categories of information that the ,child ,care ,information ,network is required to electronically exchange with another agency under applicable ,federal law4 7ii7 ,data exchange standards must be nonproprietary and interoperable ,the data exchange standards designated under clause 7i7 shall1 to the extent practicable1 be nonproprietary and interoperable4 7iii7 ,other requirements ,in designating data exchange standards under this subparagraph1 the ,secretary shall1 to the extent practicable1 incorporate-- 7,i7 interoperable standards developed and maintained by an international voluntary consensus standards body1 as defined by the ,office of ,management and ,budget2 7,,ii7 interoperable standards developed and maintained by intergovernmental partnerships1 such as the ,national ,information ,exchange ,model2 and 7,,iii7 interoperable standards developed and maintained by ,federal entities with authority over contracting and financial assistance4 7,b7 ,data exchange standards for federal reporting 7i7 ,designation ,the ,secretary shall1 in consultation with an interagency work group established by the ,office of ,management and ,budget1 and considering ,state government perspectives1 designate data exchange standards to govern ,federal reporting and exchange requirements under applicable ,federal law4 7ii7 ,requirements ,the data exchange reporting standards required by clause 7i7 shall1 to the extent practicable-- 7,i7 incorporate a widely accepted1 nonproprietary1 searchable1 computer-readable format2 7,,ii7 be consistent with and implement applicable accounting principles2 7,,iii7 be implemented in a manner that is cost-effective and improves program efficiency and effectiveness2 and 7,,iv7 be capable of being continually upgraded as necessary4 7iii7 ,incorporation of nonproprietary standards ,in designating data exchange standards under this subparagraph1 the ,secretary shall1 to the extent practicable1 incorporate existing nonproprietary standards4 7iv7 ,rule of interpretation ,nothing in this subparagraph shall be construed to require a change to existing data exchange standards for ,federal reporting under this section if the ,secretary finds the standards to be effective and efficient4 7#d7 ,state requirements ,a ,state meets the requirements of this paragraph with respect to a quarter if-- 7,a7 during the quarter1 the ,state has maintained an up-to-date1 publicly available compilation of child care providers who are registered1 licensed1 or regulated by the ,state 7in this section referred to as the ,state ,child ,care ,information ,network71 that includes1 with respect to each such provider-- 7i7 where the provider is located1 and a description of any fees imposed by the provider and the services offered by the provider2 7ii7 whether the provider is providing child care services that may be funded under section #dah2 7iii7 the hours of operation of the provider2 7iv7 whether the provider offers child care to the general public1 and if so1 where an application for child care services from the provider may be obtained1 or a direct link to such an application2 7v7 the total number of children1 by age group1 for whom the provider is providing child care services1 and how many openings are available with the provider by age group2 7vi7 whether the provider has a waiting list for child care services1 and if so1 the average length of time parents are on the waiting list before being offered child care services and how to join the list2 7vii7 the type of child care 7such as family child care or center-based care7 provided1 differentiating between licensed and license-exempt child care providers2 and 7viii7 information about the languages spoken by staff of the child care provider1 and such other information as the ,secretary may require to help parents determine whether the provider can meet their child care needs and the parents can enroll a child in care1 such as quality indicators or accreditation status2 7,b7 the ,state ,child ,care ,information ,network-- 7i7 by grant or contract1 has been maintained or jointly maintained by-- 7,i7 a child care resource and referral agency that has operated in the last fiscal year2 7,,ii7 a local child care resource and referral agency that has operated in the most recently completed fiscal year and has applied to become a ,state ,child ,information ,network2 or 7,,iii7 the lead agency1 the ,state licensing entity1 or other appropriate entities2 7ii7 may have been maintained in coordination with1 or jointly with1 other federally funded systems1 so long as there is no supplantation of funding2 and 7iii7 has been made-- 7,i7 publicly available1 including through the ,internet and by telephone1 to families seeking information about obtaining child care services2 and 7,,ii7 accessible to ,state1 county1 and other government staff involved in the provision of child care2 7,c7 the ,state requires each provider listed in the ,state ,child ,care ,information ,network 7or1 at the option of the provider1 another entity designated by the provider7 to update the information described in clauses 7v7 and 7vi7 of subparagraph 7,a7 on a weekly basis1 and to update all other information described in subparagraph 7,a7 not less frequently than quarterly1 and ensures that publicly available information in the ,state ,child ,care ,information ,network indicates when the slot availability information about the provider was most recently updated2 and 7,d7 the ,state has submitted to the ,secretary a plan that includes an estimate of the total capacity of licensed1 regulated1 and registered provider slots1 and a description of the eligible expenditures the ,state will make in the quarter1 which may be submitted with other plans required by the ,secretary4 7b7 ,funding ,state ,child ,care ,information ,networks 7#a7 ,start-up funds 7,a7 ,grants ,for each fiscal year specified in subparagraph 7,c71 the ,secretary shall make grants to lead agencies to conduct activities related to the planning and implementation of ,state ,child ,care ,information ,networks1 which may include scaling systems such as non-profit community-based referral registries1 staffed ,family ,child ,care ,networks1 and child care resource and referral systems4 7,b7 ,distribution ,the ,secretary shall distribute the grant funds to the ,states that are not territories in accordance with the formula referred to in section #dah7;a77#b77;,b71 and to the territories according to relative need4 7,c7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,secretary #bjj1jjj1jjj for each of fiscal years #bjbb and #bjbc for grants under this paragraph4 7#b7 ,matching grants 7,a7 ,in general ,the ,secretary shall pay to each ,state that meets the requirements of subsection 7a77#d7 with respect to a calendar quarter in any of fiscal years #bjbb through #bjbf an amount equal to #ge percent of the eligible expenditures of the ,state in the quarter1 subject to subsection 7d77#c74 7,b7 ,eligible expenditures ,in this section1 the term eligible expenditures means all of the following1 but only to the extent supplementing1 and not supplanting1 funds made available under other law3 7i7 ,state child care information network ,expenditures to carry out subsection 7a77#d74 7ii7 ,ease of application for subsidized child care certificate ,expenditures to establish an option1 as indicated by the ,state in a plan describing planned eligible expenditures 7which may be submitted with other plans required by the ,secretary7-- 7,i7 for a family to file an application for a subsidized child care certificate with a child care provider1 for the provider to submit the application to the ,state for processing1 or for the lead agency1 a local child care resource and referral agency1 or other entity under grant or contract to respond to the family2 7,,ii7 to establish a statewide common application for child care1 which-- 7aa7 allows an application with respect to a child to be submitted simultaneously to multiple child care providers2 7bb7 allows the application to be for a particular site and schedule2 7cc7 is considered an application directly to each such provider involved for purposes of any decision of the provider regarding a wait list or an open slot based on the application date2 7dd7 safeguards confidential information2 and 7ee7 allows for such a provider to seek and collect information not on the common application so that the provider may determine the priority to be given to the applicant on any waiting list or for other specialized admission criteria such as disability services2 or 7,,iii7 to enable child care providers to respond to families through other application methods4 7iii7 ,expenditures for technology needed to participate in the state child care information network ,expenditures for child care providers1 lead agencies1 and contractors to support system-building and system-implementation activities associated with the ,state ,child ,care ,information ,network1 including data interoperability and the installation and maintenance of equipment and software needed to develop1 implement1 maintain1 and provide electronic access to the ,state ,child ,care ,information ,network4 7iv7 ,participation incentives ,expenditures to provide financial incentives and support to child care providers for whom participating in the ,state ,child ,care ,information ,network would be costly or time consuming4 ,in providing the incentives1 a lead agency-- 7,i7 shall take into account the differential burden on varying types of providers to ensure that the incentives are sufficient to encourage all types of providers1 including family-based providers1 to participate in the ,state ,child ,care ,information ,network2 7,,ii7 may coordinate with staffed ,family ,child ,care ,networks1 child care resource and referral organizations1 labor unions1 labor-management partnerships1 or other community-based organizations1 to ensure that home-based providers are able to participate in the ,state ,child ,care ,information ,network2 and 7,,iii7 may reimburse coordinating partners and other entities for expenses associated with helping providers participate in the ,child ,care ,information ,network and provide information required under subsection 7a77#d77;,a74 7,c7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,secretary for each of fiscal years #bjbb through #bjbf such sums as are necessary for grants under this paragraph4 7c7 ,,hhs participating child care provider certification 7#a7 ,in general ,the ,secretary shall-- 7,a7 maintain current information on child care providers who are qualified to receive the ,,hhs ,participating ,child ,care ,provider ,certification for a calendar quarter1 and historical information on child care providers who were so qualified for a prior calendar quarter1 including a quarter in a prior year1 7in this section referred to as the ,,hhs ,participating ,child ,care ,provider ,certification7 based on the information submitted by lead agencies2 7,b7 update the list of providers who are so qualified1 #a month before the end of each quarter1 and electronically share with the ,internal ,revenue ,service current and historical information on the providers who are so qualified2 and 7,c7 at the end of each calendar year and on request of any provider listed in the ,,hhs ,participating ,child ,care ,provider ,certification who has qualified for the certification for an entire calendar quarter1 provide the provider and the lead agency of the jurisdiction in which the provider is located written documentation of the quarters with respect to which the provider was so qualified4 7#b7 ,qualifications ,a child care provider is qualified to receive the ,,hhs ,participating ,child ,care ,provider ,certification for a calendar quarter if the provider-- 7,a7 7i7 is licensed with a ,state as a provider of child care services1 or is in a license-exempt category of providers that meets all health and safety standards and has zero unresolved violations2 7ii7 is providing child care services that may be funded under section #dah2 7iii7 has submitted to the ,state ,child ,care ,information ,network1 on a weekly basis1 the information on all available child care slots with the provider required under subsection 7a77#d77;,a77v71 and the waiting list information required under subsection 7a77#d77;,a77vi72 7iv7 makes child care slots available to the general public1 when available1 subject to any clearly explained priority system2 and 7v7 is in compliance with other requirements set by the ,state regarding applications for or inquiries about available child care slots2 or 7,b7 was so qualified for the entire #c-month period preceding the most recent update made under paragraph 7#a77;,b74 7d7 ,administrative provisions 7#a7 ,accuracy checks ,the ,secretary shall periodically conduct accuracy checks of randomly sampled child care providers participating in any ,state ,child ,care ,information ,network to determine whether the providers are updating their slot availability on a weekly basis1 and if not1 estimate the statewide rate at which the providers are doing so4 7#b7 ,privacy2 security ,the ,secretary shall issue guidance regarding data interoperability 7in accordance with the data exchange standards for interoperability7 and the privacy and security of personally identifiable information in any ,state ,child ,care ,information ,network4 7#c7 ,penalty for excessive errors in ,state child care information network ,the percentage specified in subsection 7b77#b77;,a7 with respect to a ,state shall be #gj percent if-- 7,a7 a check conducted under paragraph 7#a7 of this subsection reveals that the number of child care providers erroneously included or erroneously not included in the ,state ,child ,care ,information ,network is at least #aj percent of the number of providers included in the network2 and 7,b7 the ,state has not submitted to the ,secretary a report demonstrating that action has been taken to reduce that error rate to less than #aj percent4 7#d7 ,eligible expenditures ,the ,secretary shall issue guidance to ,states which specifies the expenditures that will be considered eligible expenditures for purposes of this section4 7#e7 ,publication of amount of eligible expenditures of each ,state ,before issuing grant awards for fiscal year #bjbc or a succeeding fiscal year1 the ,secretary1 in consultation with the ,states1 shall annually publish the amount of eligible expenditures of each ,state in the preceding fiscal year4 7e7 ,appropriation ,out of any funds in the ,treasury not otherwise appropriated1 there is appropriated #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf for administrative expenses in carrying out subsections 7c7 and 7d74 4 #acbjjb4 ,infrastructure grants to improve child care safety ,part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja-fai7 is further amended by inserting after section #dah;,a the following3 #dah;,b4 ,infrastructure grants to improve child care safety 7a7 ,child care facilities grants 7#a7 ,grants to ,states 7,a7 ,in general ,the ,secretary shall award grants to ,states for the purpose of helping child care providers acquire1 construct1 renovate1 or improve child care facilities1 including adapting1 reconfiguring1 or expanding facilities4 7,b7 ,duration of grants ,the ,secretary shall award grants under this paragraph within #ab months after the date of the enactment of this section1 for a period of not more than #e years4 7,c7 ,plan approval required before using grant ,a ,state to which a grant is made under this paragraph shall not obligate or expend the grant funds unless the ,state has submitted to the ,secretary1 and the ,secretary has approved1 a plan that-- 7i7 includes an analysis or assessment1 in such form and manner as the ,secretary may require1 of the need of the ,state for child care infrastructure2 7ii7 is submitted at such time1 in such manner1 and containing such other information as the ,secretary may require1 which information shall-- 7,i7 be disaggregated as the ,secretary may require2 and 7,,ii7 include a plan to use a portion of the grant funds to report to the ,secretary on the effects of using the grant funds to improve child care facilities1 including center-based and home-based child care facilities2 and 7iii7 complies with paragraph 7#c71 if applicable4 7,d7 ,requirement ,in allocating grants awards under this paragraph1 the ,secretary shall require approved plans to include elements that-- 7i7 provide for improving center-based and home-based child care programs to meet or surpass ,state health and safety standards1 or include a project designed so that a facility is expected to meet or surpass ,state health and safety standards on completion of the project2 7ii7 aim to meet specific needs across urban1 suburban1 or rural areas as determined by the ,state2 7iii7 show evidence of collaboration with-- 7,i7 local government officials2 7,,ii7 other ,state agencies2 7,,iii7 nongovernmental organizations1 such as-- 7aa7 certified community development financial institutions as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7 that have been certified by the ,community ,development ,financial ,institutions ,fund 7#ab ,u4,s4,c4 #dgjc72 and 7bb7 organizations that have demonstrated experience in-- 7,,aa7 providing technical or financial assistance for the acquisition1 construction1 renovation1 or improvement of child care facilities2 7,,bb7 providing technical1 financial1 or managerial assistance to child care providers2 and 7,,cc7 securing private sources of capital financing for child care facilities or other community development projects eligible for assistance from a child care assistance program2 and 7,,iv7 local community organizations1 such as-- 7aa7 child care providers2 7bb7 community care agencies2 7cc7 resource and referral agencies2 and 7dd7 labor unions and other employers of infrastructure trades that pay the prevailing wage2 and 7iv7 provide for improving the facilities of child care providers who qualify for the ,,hhs ,participating ,child ,care ,provider ,certification for at least #a fiscal quarter before the date of application for the grant4 7,e7 ,matching requirement 7i7 ,in general ,as a condition of the receipt of a grant under this paragraph1 a ,state shall agree to make available1 directly or through donations from public or private entities1 contributions with respect to the costs to be covered by the grant1 which may be provided in cash or in kind1 in an amount equal to #aj percent of the funds provided through the grant4 7ii7 ,determination of amount contributed ,such a matching contribution may include philanthropic or private-sector funds4 7,f7 ,amount limit ,the annual amount of a grant under this paragraph may not exceed #bej1jjj1jjj4 7,g7 ,prohibition ,the ,secretary may not1 as a condition of making a grant under this paragraph or section #dah;,d1 retain an interest in any property1 including any project involving a privately-owned family child care home or tribal land4 7,h7 ,report ,not later than #f months after the last day of the grant period1 a ,state to which a grant is made under this paragraph shall submit to the ,secretary the report referred to in subparagraph 7,c77ii77,,ii7-- 7i7 to determine the effects of the grant in constructing1 renovating1 or improving child care facilities1 including any changes in response to public health guidelines or efforts associated with natural disaster emergency preparedness and response and any effects on access to child care2 and 7ii7 to provide such other information as the ,secretary may require4 7,i7 ,return of grant if plan not approved within #b years ,a ,state to which a grant is made under this paragraph shall remit the grant to the ,secretary if the ,secretary has not provided the approval required by subparagraph 7,c7 within #b years after the date the grant is made4 7#b7 ,grants to intermediary organizations 7,a7 ,in general ,the ,secretary may award grants to intermediary organizations1 such as certified community development financial institutions or other organizations with demonstrated experience in child care facilities financing1 for the purpose of providing technical assistance1 capacity-building1 and financial products to develop or finance child care facilities4 7,b7 ,application ,a grant under this paragraph may be made only to an intermediary organization that submits to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 that complies with paragraph 7#c7 if applicable4 7,c7 ,consultation ,in selecting intermediary organizations for grants under this paragraph1 the ,secretary shall conduct consultations with organizations that-- 7i7 demonstrate experience in child care facility financing or related community facility financing2 7ii7 demonstrate the capacity to assist ,states and local governments in developing child care facilities and programs2 7iii7 demonstrate the ability to leverage grant funding to support financing tools to build the capacity of child care providers1 such as through credit enhancements2 7iv7 propose to focus on child care facilities that operate under nontraditional hours2 7v7 propose to meet a diversity of needs across urban1 suburban1 and rural areas at varying types of center-based1 home-based1 and other child care settings1 including early care programs located in buildings in which the care center is the sole occupant or in mixed-use properties2 and 7vi7 propose to focus on child care facilities primarily serving low-income populations and children who have not attained #ac years of age4 7,d7 ,amount limit ,the amount of a grant under this paragraph may not exceed #ae1jjj1jjj4 7,e7 ,annual report required ,as a condition of receiving funds under this paragraph1 the recipient shall submit annual reports to the lead agency of the jurisdiction in which the recipient is located documenting how the recipient has expended the funds and updating the planned future expenditures described in the application submitted by the recipient for the funds4 7#c7 ,labor standards ,in the case of an application for a grant under this subsection for a project to construct1 renovate1 or improve a child care facility1 including a project to adapt1 reconfigure1 or expand such a facility1 the application shall include a written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair1 as part of the project1 shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act71 and with respect to the labor standards specified in such subchapter1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #e ,u4,s4,c4 ,app474 7#d7 ,use of funds 7,a7 ,infrastructure improvement 7i7 ,in general ,a recipient of funds under this subsection may use the funds only to acquire1 construct1 renovate1 or otherwise physically improve the infrastructure of a building primarily used for the provision of child care services by a child care provider1 subject to clause 7ii74 7ii7 ,prohibition ,a recipient of funds under this subsection may not use the funds for modernization1 renovation1 or repair of facilities-- 7,i7 that are primarily used for sectarian instruction or religious worship2 or 7,,ii7 in which a substantial portion of the functions of the facilities are subsumed in a religious mission4 7,b7 ,rules applicable to lead agencies ,a lead agency that is a recipient of funds under this subsection may use not more than #e percent of the funds for administrative purposes which may be in addition to evaluation and reporting activities1 and shall use the balance of the funds to enter into grants or contracts1 on a competitive basis1 with entities to carry out projects to acquire1 construct1 renovate1 or complete other physical improvements to buildings in which child care services are provided or will be provided on completion of the project4 7b7 ,appropriation ,out of any funds in the ,treasury not otherwise appropriated1 there is appropriated #ae1jjj1jjj1jjj for fiscal year #bjbb to carry out this section1 which shall remain available through fiscal year #bjbf4 7c7 ,reservations of funds 7#a7 ,territories ,the ,secretary shall reserve #ajj1jjj1jjj of the amount made available to carry out this section1 for grants to territories4 7#b7 ,administration ,the ,secretary may reserve not more than #bjj1jjj1jjj of the amount made available to carry out this section1 for administrative costs4 7#c7 ,assessments and development plans ,the ,secretary shall reserve for each lead agency not more than #ajj1jjj to conduct assessments and develop plans for obligating and expending funds provided under this section1 which may be expended by a lead agency immediately on receipt4 7#d7 ,data exchange standards for interoperability ,the ,secretary may reserve not more than #bjj1jjj of the amount made available to carry out this section to implement data exchange standards for interoperability4 7d7 ,limitation on availability of funds for grants for intermediary organizations ,not more than #b1bej1jjj1jjj of the total amount made available to carry out this section may be used to carry out subsection 7a77#b74 4 #acbjjc4 ,technical assistance ,part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja-fai7 is further amended by inserting after section #dah;,b the following3 #dah;,c4 ,technical assistance 7a7 ,in general 7#a7 ,child care information network ,the ,secretary shall provide technical assistance to lead agencies to support the development and implementation of1 and ongoing full participation in1 ,state ,child ,care ,information ,networks provided for in section #dah;,a7a77#d74 7#b7 ,child care infrastructure ,the ,secretary shall provide technical assistance-- 7,a7 to child care small business owners1 entrepreneurs1 nonprofit organizations1 and child care infrastructure grant recipients1 for the purpose of starting new licensed child care businesses1 or re-opening a closed child care facility1 in areas in which there is a child care shortage or that are at risk of having such a shortage2 7,b7 to ,state and local governments to incentivize public-private partnerships to identify excess buildings and land and conduct feasibility studies1 for new or expanded child care options that could be available to child care entrepreneurs and infrastructure grantees1 or used for publicly-run child care facilities2 and 7,c7 to support child care business technical assistance1 which may include strategies to support management training and shared services initiatives including provider networks such as child care center alliances and family child care home provider networks1 as well as fundamental business support needs such as budgeting and fiscal management skills1 business planning1 understanding the cost of quality1 and core best business practices such as recordkeeping and payment reconciliation4 7#c7 ,supplementing national technical assistance efforts ,the ,secretary may provide technical assistance to ,states 7and submit to the ,congress reports on technical assistance activities7 to increase child care availability and affordability1 including by-- 7,a7 providing technical assistance on best practices for conducting market rate surveys and establishing ,state reimbursement rates and price-per-child rates for child care for children who have not attained #ac years of age2 7,b7 increasing child care availability in tribal communities for families with children who have not attained #ac years of age2 7,c7 improving the effectiveness and affordability of child care assistance programs in meeting the needs of low-income parents2 or 7,d7 collecting1 managing1 analyzing1 and reporting child care administrative data1 and use the data to support documentation of changes in child care availability and affordability4 7b7 ,administrative provision ,the ,secretary may carry out this section through means including the use of grants or cooperative agreements4 7c7 ,appropriation ,out of any funds in the ,treasury not otherwise appropriated1 there is appropriated #ag1ejj1jjj for each of fiscal years #bjbb through #bjbf to carry out this section4 4 #acbjjd4 ,tribal child care access and growth ,part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja-fai7 is further amended by inserting after section #dah;,c the following3 #dah;,d4 ,tribal child care access and growth 7a7 ,,hhs consultations with ,indian tribes ,of the amount appropriated under subsection 7e7 for each fiscal year1 the ,secretary shall use not more than #a1jjj1jjj to-- 7#a7 conduct such consultations with ,indian tribes and tribal organizations as are necessary to determine how to better conduct consumer outreach and education and provide timely availability for child care slots1 improve child care infrastructure1 and otherwise inform best practices and guidelines for carrying out the activities described in subsection 7b72 and 7#b7 provide technical assistance to the lead agencies of ,indian tribes and tribal organizations with respect to carrying out the activities4 7b7 ,activities described ,the activities described in this subsection are the following3 7#a7 ,planning1 start-up1 implementation1 and maintenance costs associated with establishing and funding a ,child ,care ,information ,network designed to help parents determine which child care providers can meet their child care needs and to give parents ease of access in enrolling their children in child care4 7#b7 ,coordinating with the ,secretary regarding the ,,hhs ,participating ,child ,care ,provider ,certification provided for in section #dah;,a7c74 7#c7 ,conducting infrastructure projects to improve the safety of child care facilities4 7c7 ,grants 7#a7 ,in general ,of the amount appropriated under subsection 7e7 for each fiscal year1 the ,secretary shall use not less than #aii1jjj1jjj to make grants to the lead agencies of ,indian tribes and tribal organizations for activities described in subsection 7b71 which are to be carried out in accordance with such rules as the ,secretary may prescribe1 taking into account the results of the consultations conducted under subsection 7a77#a74 7#b7 ,allocation ,the ,secretary may make grants under this subsection according to relative need4 7d7 ,nonsupplantation ,an entity to which an amount is provided under this section shall use the amount to supplement1 but not supplant1 other funds provided for any purpose or activity for which the amount is used4 7e7 ,appropriation ,out of any funds in the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary #bjj1jjj1jjj for each of fiscal years #bjbb through #bjbf to carry out this section4 4 #acbjje4 ,raising the floor for child care provider wages 7a7 ,planning for child care wage grants for small businesses 7#a7 ,in general ,for the purpose of maintaining an effective and diverse child care workforce1 effective upon enactment1 through the end of fiscal year #bjbb1 the ,secretary of ,health and ,human ,services shall1 regarding the development and implementation of the ,child ,care ,wage ,grant program provided for in section #dah;,e of the ,social ,security ,act 7as added by subsection 7b7 of this section7-- 7,a7 issue guidance or technical assistance to lead agencies 7as defined in such section7 with respect to-- 7i7 consultation with field engagement organizations 7as defined in such section72 7ii7 wage supplement calculations1 with the option of providing a bonus that may not be more than the equivalent of an annual wage2 7iii7 application requirements2 7iv7 reporting requirements2 7v7 anti-discrimination protection measures2 and 7vi7 other related activities2 7,b7 engage in hiring1 training1 developing work plans1 developing outreach materials1 and other administrative overhead activities2 and 7,c7 consult with relevant entities such as tribal leaders1 governors1 county and local government1 and community stakeholders4 7#b7 ,funding ,out of any money in the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary of ,health and ,human ,services #aj1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to carry out this paragraph4 7b7 ,implementation ,part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja-fai7 is further amended by inserting after section #dah;,d the following3 #dah;,e4 ,child care wage grants for small businesses 7a7 ,grants to lead agencies 7#a7 ,grants 7,a7 ,in general ,the ,secretary shall make grants to reimburse ,state1 tribal1 and territorial lead agencies for the amount of child care wage grants made to qualifying child care providers under lead agency child care wage grant programs1 and for documented costs of administering the programs that are directly related to determining provider eligibility1 making payments1 data collection1 and verifying provider compliance with program rules4 7,b7 ,limitation on reimbursement for documented administrative costs ,the amount of the reimbursement for the documented administrative costs shall not exceed #e percent of the total amount of the child care wage grants4 7#b7 ,consultation required as a condition of eligibility ,a lead agency shall not be eligible for a grant under this section with respect to a child care wage grant program unless the lead agency has consulted with field engagement organizations in developing and implementing the program1 including application process1 eligibility determinations1 community outreach1 and such other aspects of the program as the ,secretary deems appropriate1 and if1 after the consultation1 the lead agency intends to operate a child care wage grant program for small businesses1 the lead agency shall submit to the ,secretary a certification that the lead agency has conducted such a consultation and intends to submit a claim for reimbursement with respect to program expenditures at the end of the fiscal year4 7b7 ,state child care wage grant program 7#a7 ,in general ,a lead agency child care wage grant program is a program operated by a lead agency under which a child care wage grant is made to qualified child care providers for the #a-year period covered by the grant1 in an amount equal to the aggregate of the eligible child care wage supplements provided by the qualified child care provider during the year1 which year shall not begin before ,october #a1 #bjbb4 7#b7 ,reporting requirement 7,a7 ,in general ,a recipient of a child care wage grant from a lead agency shall submit to the lead agency every fiscal quarter a report that includes documentation of how the grant has been expended including the number of full or part-time workers providing child care and whether each such worker worked for the full year1 a description of the wage levels and demographics of the child care employees of the qualified child care provider1 and such other information as the ,secretary may require1 and may allow field engagement organizations to support grant recipients in meeting quarterly reporting requirements4 7,b7 ,authority to extend deadline ,a lead agency may approve a request from such a recipient to extend the reporting deadline for #ij days1 but shall accompany such an approval with a notice that failure to submit all information required in the report will result in future ineligibility for such a grant4 7c7 ,reimbursement2 advance estimated payment ,a lead agency may submit to the ,secretary a request for reimbursement or estimated advance payment of the costs of operating the lead agency child care wage grant program for the #a-year period covered by the request1 which shall include documentation of the grant awards made to qualified child care providers under the program1 an assurance that not more than #e percent of the costs in the reimbursement request are for administrative costs1 an assurance that the ,state will repay any advances based on payments to child care providers that were in excess of costs allowable under this section 7including payments for workers who did not work for the full year7 or based on ,state administrative costs in excess of #e percent1 and the following3 7#a7 ,qualified child care provider application data1 including the number of qualified child care providers and the proportion of applications that were approved under the program1 documentation of rejected applications1 including the reason for disqualification1 and demographic data of applicants4 7#b7 ,qualified child care provider wage subsidy data1 including wage levels1 the size and type of the qualified child care provider1 the number of children served by the qualified child care provider1 verification that the child care wage grant provided to the qualified child care provider was not used to supplant ,federal funds1 verification that the qualified child care provider performs child care services as the primary function of the qualified child care provider1 verification that qualifying child care provider applications are approved for #a year1 and documentation of the number of full-time and part-time child care employees 7which may include sole proprietors7 including the portion of the year for which each employee was employed with that provider to provide child care4 7#c7 ,certification that each qualified child care provider is not eligible to receive a child care payroll tax credit under section #cace of the ,internal ,revenue ,code of #aihf with respect to wages paid to any child care employee of the qualified child care provider4 7#d7 ,qualified child care provider demographic data1 including racial1 ethnic1 and gender data of the qualified child care provider and child care employees4 7#e7 ,documentation of qualified child care provider wages1 and documentation of child care wages that1 in the absence of a grant made under this section1 would have been paid at not less than the applicable minimum rate4 7#f7 ,documentation that each qualified child care provider is licensed by1 registered with1 or regulated by the ,state4 7#g7 ,documentation that each qualified child care provider was so qualified throughout the year with respect to which reimbursement is sought4 7#h7 ,documentation that each employee for which a grant is sought was employed for the full year1 or if not1 for what portion of the year they were employed4 7#i7 ,such other relevant items as the ,secretary may require4 7d7 ,penalties 7#a7 ,misuse of child care wage grant ,if the ,secretary finds that a qualified child care provider has used funds provided under this section with respect to a year other than to supplement the applicable minimum rate of child care wages for an employee engaged in child care work for the reported period1 the qualified child care provider shall-- 7,a7 repay to the lead agency all funds so provided to the child care provider for the year2 and 7,b7 be ineligible for the succeeding #b years to receive funds made available under this section4 7#b7 ,decrease in number of child care employees ,if a recipient of a child care wage grant for a year reports under subsection 7b77#b77;,a7 that the number of child care employees of the recipient has decreased during the year1 then-- 7,a7 the lead agency shall proportionately decrease the amount of the child care wage grant 7if any7 payable to the recipient for the next year2 or 7,b7 if the recipient is not awarded a child care wage grant for the next year1 the recipient shall remit to the lead agency a portion of the grant equal to the proportionate decrease in the number of child care employees of the provider4 7e7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary for each of fiscal years #bjbc through #bjbf such sums as may be necessary for reimbursements or estimated payments referred to in subsection 7a74 7f7 ,definitions ,in this section3 7#a7 ,applicable minimum rate ,the term applicable minimum rate means the rate at which basic pay is payable for a position at level #c1 step #a1 of the ,general ,schedule under subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 including any applicable locality-based comparability payment under section #ecjd of such title or similar authority1 at the time such wages are paid and determined with respect to the locality in which services are provided4 7#b7 ,child care wages ,the term child care wages means-- 7,a7 wages paid to an employee for services in providing child care2 and 7,b7 an owner's draw in lieu of wages1 in the case of a sole proprietor who provides child care services or an owner who directly provides child care services alongside employees4 7#c7 ,child care employee ,the term child care employee means an employee-- 7,a7 who is employed by a qualified child care provider2 7,b7 who provides child care services as a primary function of employment2 and 7,c7 whose wages do not qualify under section #cace7;a7 of the ,internal ,revenue ,code of #aihf4 7#d7 ,eligible child care wage supplement 7,a7 ,in general ,the term eligible child care wage supplement means1 with respect to a year1 a supplement to child care wages of an employee 7or owner71 but only to the extent that the total amount of the child care wage supplements provided to the employee 7or owner7 during the year-- 7i7 in the case of a full-time employee 7or an owner who works on a full-time basis71 is not more than #af1jjj2 or 7ii7 in the case of a part-time employee 7or an owner who works on a part-time basis71 is not more than #aj1jjj4 ,in the case of any employee who is not employed as a child care employee for the full year1 the maximum dollar amounts set forth in the preceding sentence shall be proportionately reduced4 7,b7 ,inflation adjustment ,each dollar amount in effect under subparagraph 7,a7 with respect to a year shall be increased by a percentage equal to the percentage 7if any7 by which the ,consumer ,price ,index for all urban consumers 7,u4,s4 city average7 increased during the #ab-month period ending with the last month for which ,consumer ,price ,index data is available4 7#e7 ,field engagement organization ,the term field engagement organization means any nonprofit1 community-based organization1 labor union1 trade association1 staffed family child care network1 child care resource and referral organization1 or local government entity with experience providing representation1 technical assistance1 or community supports to child care providers or individuals seeking to enter or re-enter the child care market4 7#f7 ,qualified child care provider ,the term qualified child care provider means an entity who-- 7,a7 provides child care services as the primary function of the entity2 7,b7 is registered with1 or regulated or licensed by1 the ,state as a child care provider2 7,c7 at the time of application for a child care wage grant under this section1 does not have an unresolved violation of a ,state law or regulation pertaining to health or safety in the provision of child care services2 7,d7 has at least #a employee whose wages may not be taken into account under section #cace7;a7 of the ,internal ,revenue ,code of #aihf because the employee is a sole proprietor or reports self-employment income2 7,e7 as of the time of the application1 pays child care wages at a rate that is at least the applicable minimum rate1 and certifies that the entity will not reduce the hourly wage rate of any employee during the #a-year period for which the entity has applied for a child care wage grant under this section2 and 7,f7 has submitted to the lead agency all data requested by the ,secretary under this section2 7,g7 has submitted the application to the lead agency1 which has approved the application2 and 7,h7 has not failed to include all information required to be included in any quarterly report required by subsection 7b77#b7 to be submitted by the entity with respect to the year preceding the year for which the application is submitted4 4 #acbjjf4 ,common provisions 7a7 ,definitions ,section #dai of the ,social ,security ,act 7#db ,u4,s4,c4 #fai7 is amended by adding at the end the following3 7#f7 ,lead agency ,the term lead agency means1 with respect to a jurisdiction1 the lead agency responsible for administering the child care assistance program of the jurisdiction4 7#g7 ,territory ,the term territory means the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 4 7b7 ,reports to the ,congress ,section #daa of such ,act 7#db ,u4,s4,c4 #faa7 is amended by adding at the end the following3 7e7 ,reports on certain ,state child care expenditures ,the ,secretary shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate biennial reports on-- 7#a7 eligible expenditures 7as defined in section #dah;,a7b77#b77;,b77 by the ,states1 and on expenditures by the ,secretary under section #dah;,a during the period covered by the report2 7#b7 the extent to which payments under section #dah;,a have been made with respect to the expenditures2 7#c7 to the extent that any funds made available to carry out such section have not been expended1 the reasons therefor2 and 7#d7 expenditures under section #dah;,c4 4 7c7 ,inapplicability of payment limitation ,section #aajh7;a7 of such ,act 7#db ,u4,s4,c4 #acjh7;a77 is amended by inserting #dah;,a1 #dah;,b1 #dah;,c1 #dah;,d1 #dah;,e1 before or4 ,d ,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 ,modification of conditions 7#a7 ,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 7#b7 ,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-- 7i7 in paragraph 7#a71 by striking section #bca7;a77#c77;,a7 and inserting section #bca7;a77#b77;,a72 and 7ii7 in paragraph 7#b7-- 7,i7 by striking adversely affected employment and all that follows through 7,a7 within and inserting adversely affected employment within2 7,,ii7 by striking 1 and and inserting a period2 and 7,,iii7 by striking subparagraph 7,b74 7b7 ,waivers of training requirements ,section #bca7;c77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbia7;c77#a77 is amended-- 7#a7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively2 and 7#b7 by inserting before subparagraph 7,c7 7as redesignated7 the following3 7,a7 ,recall ,the worker has been notified that the worker will be recalled by the firm from which the separation occurred4 7,b7 ,retirement ,the worker is within #b years of meeting all requirements for entitlement to either-- 7i7 old-age insurance benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq47 7except for application therefor72 or 7ii7 a private pension sponsored by an employer or labor organization4 4 #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 et seq47 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 et seq47 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 ,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 and 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 et seq47 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 et seq47 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#d7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#e7 ,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 an unemployment rate that is1 for the most recent #bd-month period for which data are available1 at least #a percent greater than the national average unemployment rate2 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 concurrently1 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 #bjbf 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 #bjbf 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 #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 #bjbf1 the ,secretary may make available not more than #ej1jjj1jjj to award grants under section #bgd7;a77#a74 #bgf4 ,coordination of ,federal response and other additional technical assistance 7a7 ,in general ,the ,secretary shall coordinate the ,federal response with respect to an eligible community that is awarded an implementation grant under section #bgd7;a77#b7 to implement the community's strategic plan that meets the requirements of section #bge by-- 7#a7 identifying and consulting1 as appropriate1 with any other ,federal1 ,state1 regional1 or local government agency2 7#b7 assisting the community to access assistance from other available ,federal sources as necessary to fulfill the community's strategic plan developed under section #bge2 and 7#c7 ensuring that such assistance is provided in a targeted1 integrated manner4 7b7 ,transfer of funds 7#a7 ,transfer of funds to other ,federal agencies ,funds appropriated to carry out this chapter may be transferred between ,federal agencies1 if the funds are used for the purposes for which the funds are specifically appropriated4 7#b7 ,transfer of funds from other ,federal agencies 7,a7 ,in general ,subject to subparagraph 7,b71 for the purposes of this chapter1 the ,secretary may accept transfers of funds from other ,federal agencies if the funds are used for the purposes for which 7and in accordance with the terms under which7 the funds are specifically appropriated4 7,b7 ,use of funds ,the transferred funds-- 7i7 shall remain available until expended2 and 7ii7 may1 to the extent necessary to carry out this chapter1 be transferred to and merged by the ,secretary with the appropriations for salaries and expenses4 7c7 ,additional technical assistance ,in addition to the coordination and assistance described in subsection 7a71 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 #bgg4 ,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 #bgf7;c7 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 ,coordination of ,federal response and other additional technical assistance4 ,sec4 #bgg4 ,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 or 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 #bjbh4 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 #bjbh4 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 #bjbh4 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 #bjbh2 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 #j4e percent for technical assistance1 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 #bjbh4 7#c7 ,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 #ej1jjj1jjj2 and 7ii7 by striking #bjba and inserting #bjbh2 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 #bjbh1 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 #bjbh1 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 #bjbf1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until expended1 to carry out subchapter ,a of chapter #d of title ,,ii of the ,trade ,act of #aigd1 as added by section #acccja of this ,act1 as added by subsection 7d74 7,b7 ,salaries and expenses ,of the amounts appropriated pursuant subparagraph 7,a7 for each of fiscal years #bjbb through #bjbf1 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 #bjbf 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 #bjbh1 out of any money in the ,treasury not otherwise appropriated1 #a1cjj1jjj1jjj1 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 redesignated74 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 #bjjb through #bjbh1 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 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 #bjbh1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 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 ,e #a ,provisions relating to ,pathways to ,health ,careers #acdaja4 ,pathways to ,health ,careers ,act 7a7 ,transition funding ,there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #ae1jjj1jjj to the ,secretary of ,health and ,human ,services to provide technical assistance and cover administrative costs associated with implementing section #bjga of the ,social ,security ,act 7as added by subsection 7b774 7b7 ,career pathways through health profession opportunity grants ,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 pay well or 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 ,in the case of an application for a grant under this section for a demonstration project described in subsection 7c77#b77;,b77i77,i7-- 7,a7 a demonstration that the ,state in which the demonstration 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 processes1 waivers1 certificates1 and other opportunities to demonstrate rehabilitation to obtain credentials1 licensure1 and approval to work in the proposed health careers71 and a plan described in the application that will use a career pathway to assist participants with such a record in acquiring credentials1 licensing1 and employment in the specified careers2 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 records2 7,c7 an identification of promising innovations or best practices that can be used to provide the training2 7,d7 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 arrest or conviction records can be hired2 7,e7 a plan for recruiting students who are eligible individuals into the project2 and 7,f7 a plan for providing post-employment support and ongoing training as part of a career pathway under the project4 7#d7 ,in the case of an application for a grant under this section for a demonstration project described in subsection 7c77#b77;,b77i77,,ii7-- 7,a7 a description of the partnerships1 strategic staff hiring decisions1 tailored program activities1 or other programmatic elements of the project1 such as training plans for doulas and other community health workers and training plans for midwives and other allied health professions1 that are designed to support a career pathway in pregnancy1 birth1 or post-partum services2 and 7,b7 a demonstration that the ,state in which the demonstration project is to be conducted recognizes doulas or midwives1 as the case may be4 7#e7 ,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#f7 ,a plan for providing post-employment support and ongoing training as part of a career pathway under the project4 7#g7 ,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#h7 ,a certification by the applicant that the project development included-- 7,a7 consultation with a local workforce development board established under section #ajg of the ,workforce ,innovation and ,opportunity ,act2 7,b7 consideration of apprenticeship and pre-apprenticeship models registered under the ,act of ,august #af1 #aicg 7also known as the ,national ,apprenticeship ,act72 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#i7 ,a description of the availability and relevance of recent labor market information and other pertinent evidence of in-demand jobs or worker shortages4 7#aj7 ,a certification that the applicant will directly provide or contract for the training services described in the application4 7#aa7 ,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 ,preferences in considering applications ,in considering applications for a grant under this section1 the ,secretary shall give preference to-- 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 boards established under section #ajg of the ,workforce ,innovation and ,opportunity ,act2 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 may 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 physicians 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 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 ,state1 the ,secretary shall include that information in the report required by subsection 7g77#b7 that covers the fiscal year4 7,b7 ,guarantee of grants for indian populations ,from the amount reserved under subsection 7i77#b77;,b7 for each fiscal year1 the ,secretary shall award a grant under this paragraph to at least #aj eligible entities that are an ,indian tribe1 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 ,from the amount reserved under subsection 7i77#b77;,c7 for each fiscal year1 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 ,grants for demonstration projects 7,a7 ,grant authority ,the ,secretary shall make a grant in accordance with this subsection to an eligible entity whose application for the grant is approved by the ,secretary1 to conduct a demonstration project that meets the requirements of subparagraph 7,b74 7,b7 ,requirements ,the requirements of this subparagraph are the following3 7i7 ,type of project ,the demonstration project shall be of #a of the following types3 7,i7 ,individuals with arrest or conviction records demonstration ,the demonstration project shall be of a type designed to provide 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 pay well and are expected to experience a labor shortage or be in high demand4 7,,ii7 ,pregnancy and childbirth career pathway demonstration ,the demonstration project shall be of a type designed to provide education and training for eligible individuals to enter and follow a career pathway in the field of pregnancy1 childbirth1 post-partum1 or childbirth and post-partum1 in a ,state that recognizes doulas or midwives and that provides payment for services provided by doulas or midwives1 as the case may be1 under private or public health insurance plans4 7ii7 ,duration ,the demonstration project shall be conducted for not less than #e years4 7,c7 ,minimum allocation of funds for each type of demonstration project 7i7 ,individuals with arrest or conviction records demonstrations ,not less than #f1cge1jjj of the amounts made available for grants under this paragraph shall be used to make grants for demonstration projects of the type described in subparagraph 7,b77i77,i74 7ii7 ,pregnancy and childbirth career pathway demonstrations ,not less than #f1cge1jjj of the amounts made available for grants under this paragraph shall be used to make grants for demonstration projects of the type described in subparagraph 7,b77i77,,ii74 7#c7 ,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 7v7 ,in the case of a demonstration project of the type described in subsection 7c77#b77;,b77i77,i71 access to legal assistance for project participants for the purpose of addressing arrest or conviction records and associated workforce barriers4 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 and training materials such as books1 software1 uniforms1 shoes1 and 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 board established under section #ajg of the ,workforce ,innovation and ,opportunity ,act71 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 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 eligible entities in carrying out demonstration projects for which a grant is made under this section2 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 demonstration projects 7#a7 ,in general ,the ,secretary shall1 by grant1 contract1 or interagency agreement1 conduct rigorous and well-designed evaluations of the demonstration projects for which a grant is made under this section4 7#b7 ,requirement applicable to individuals with arrest or conviction records demonstration ,in the case of a project of the type described in subsection 7c77#b77;,b77i77,i71 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 pregnancy and childbirth career pathway demonstration ,in the case of a project of the type described in subsection 7c77#b77;,b77i77,,ii71 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 7#d7 ,rule of interpretation ,evaluations conducted pursuant to this subsection may include a randomized controlled trial1 but this subsection shall not be interpreted to require an evaluation to include such a trial4 7g7 ,reports 7#a7 ,to the ,secretary ,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 ,each such report shall include data on participant outcomes related to earnings1 employment in health professions1 graduation rate1 graduation timeliness1 credential attainment1 participant demographics1 and other data specified by the ,secretary4 7#b7 ,to the ,congress ,during each ,congress1 the ,secretary shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate a report-- 7,a7 on the demographics of the participants in the projects for which a grant is made under this section2 7,b7 on the rate of which project participants completed all activities under the projects2 7,c7 on the employment credentials acquired by project participants2 7,d7 on the employment of project participants on completion of activities under the projects1 and the earnings of project participants at entry into employment2 7,e7 on best practices and promising practices used in the projects2 7,f7 on the nature of any technical assistance provided to grantees under this section2 7,g7 on1 with respect to the period since the period covered in the most recent prior report submitted under this paragraph-- 7i7 the number of applications submitted under this section1 with a separate statement of the number of applications referred to in subsection 7b77#e72 7ii7 the number of applications that were approved1 with a separate statement of the number of such applications referred to in subsection 7b77#e72 and 7iii7 a description of how grants were made in any case described in the last sentence of subsection 7c77#a77;,a77ii72 and 7,h7 that includes an assessment of the effectiveness of the projects with respect to addressing health professions workforce shortages or in-demand jobs4 7h7 ,definitions ,in this section3 7#a7 ,allied health profession ,the term allied health profession has the meaning given in section #gii;,b7#e7 of the ,public ,health ,service ,act4 7#b7 ,career pathway ,the term career pathway has the meaning given that term in section #c7g7 of the ,workforce ,innovation and ,opportunity ,act4 7#c7 ,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#d7 ,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 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 demonstration project of the type provided for in subsection 7c77#b77;,b77i77,,ii7 of this section1 an entity recognized by a ,state1 ,indian tribe1 or 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#e7 ,eligible individual ,the term eligible individual means an individual whose family income does not exceed #bjj percent of the ,federal poverty level4 7#f7 ,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#g7 ,indian tribe2 tribal organization ,the terms ,indian tribe and tribal organization have the meaning given the terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 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 7i7 ,funding 7#a7 ,in general ,out of any funds in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated to the ,secretary to carry out this section #dbe1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,allocation of funds ,of the amount appropriated for a fiscal year under paragraph 7#a7 of this subsection-- 7,a7 #cah1gej1jjj shall be available for grants under subsection 7c77#a77;,a72 7,b7 #ag1jjj1jjj shall be reserved for grants under subsection 7c77#a77;,b72 7,c7 #ba1bej1jjj shall be reserved for grants under subsection 7c77#a77;,c72 7,d7 #be1ejjj1jjj shall be available for demonstration project grants under subsection 7c77#b72 7,e7 #be1ejj1jjj1 plus all amounts referred to in subparagraphs 7,a7 through 7,d7 of this paragraph that remain unused after all grant awards are made for the fiscal year1 shall be available for the provision of technical assistance and associated staffing2 and 7,f7 #ag1jjj1jjj shall be available for studying the effects of the demonstration and non-demonstration projects for which a grant is made under this section1 and for associated staffing1 for the purpose of supporting the rigorous evaluation of the demonstration 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 non-demonstration projects4 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 there is appropriated to the ,secretary for each of fiscal years #bjbb through #bjbe-- 7#a7 #cib1jjj1jjj;for grants under subsection 7b77#a72 and 7#b7 #h1jjj1jjj 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 or 7,f7 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 there are appropriated to the ,secretary #h1jjj1jjj 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 there are appropriated to the ,secretary for each of fiscal years #bjbc through #bjbe-- 7,a7 #cib1jjj1jjj for grants to ,states under this subsection2 and 7,b7 #h1jjj1jjj 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 there are appropriated to the ,secretary #ge1jjj1jjj 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 there are appropriated to the ,secretary to carry out this subsection-- 7,a7 #bb1ejj1jjj for fiscal year #bjbc2 and 7,b7 #cj1jjj1jjj 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 there are appropriated to the ,secretary #cj1jjj1jjj 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 there are appropriated to the ,secretary #ejj1jjj1jjj for fiscal year #bjbb1 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 there are appropriated to the ,secretary #bej1jjj1jjj1 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 there are appropriated to the ,secretary of ,health and ,human ,services #e1jjj1jjj for each of fiscal years #bjbb through #bjbe 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 7#db ,u4,s4,c4 #acigl et seq47 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 #c ,skilled nursing facilities #acdcja4 ,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 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;,i7g72 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 ,fiscal years #bjbf through #bjca ,there is appropriated to the ,secretary1 out of any monies in the ,treasury not otherwise appropriated1 #ej1jjj1jjj for the period of fiscal years #bjbf through #bjca 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 and inserting the following3 7,i7 ,failure to report ,for fiscal years 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 #bjbe 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 #acdcjb4 ,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 #bjbc to remain available until expended1 for purposes of conducting an annual audit 7beginning with #bjbb and ending with #bjca7 of cost reports submitted under this title for a representative sample of skilled nursing facilities4 4 #acdcjc4 ,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 #cbe1jjj1jjj1 for the period of fiscal years #bjbb through #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 appropriateness of the scoping and substantiation of cited deficiencies at facilities4 7,d7 ,the accuracy of the identification and appropriateness of the scoping of life safety1 infection control1 and emergency preparedness deficiencies at facilities4 7,e7 ,the timeliness of ,state agency investigations of-- 7i7 complaints at facilities2 and 7ii7 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 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 #acdcjd4 ,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 the period of fiscal years #bjbb through #bjca 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 #b years 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 #b years 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 #d ,medicare dental1 hearing1 and vision coverage #acddja4 ,providing coverage for dental and oral health care under the ,medicare program 7a7 ,coverage ,section #ahfa7s77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#b77 is amended-- 7#a7 in subparagraph 7,,gg71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,,hh71 by striking the period at the end and adding 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,,ii7 dental and oral health services 7as defined in subsection 7lll772 4 7b7 ,dental and oral health services defined ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended by adding at the end the following new subsection3 7lll7 ,dental and oral health services 7#a7 ,in general ,the term dental and oral health services means items and services 7other than such items and services for which payment may be made under part ,a as inpatient hospital services7 that are furnished during #bjbh or a subsequent year1 for which coverage was not provided under part ,b as of the date of the enactment of this subsection1 and that are-- 7,a7 the preventive and screening services described in paragraph 7#b7 furnished by a doctor of dental surgery or of dental medicine 7as described in subsection 7r77#b77 or an oral health professional 7as defined in paragraph 7#d772 or 7,b7 the basic treatments specified for such year by the ,secretary pursuant to paragraph 7#c77;,a7 and the major treatments specified for such year by the ,secretary pursuant to paragraph 7#c77;,b7 furnished by such a doctor or such a professional4 7#b7 ,preventive and screening services ,the preventive and screening services described in this paragraph are the following3 7,a7 ,oral exams4 7,b7 ,dental cleanings4 7,c7 ,dental x-rays performed in the office of a doctor or professional described in paragraph 7#a77;,a74 7,d7 ,fluoride treatments4 7#c7 ,basic and major treatments ,for #bjbh and each subsequent year1 the ,secretary shall specify-- 7,a7 basic treatments 7which may include basic tooth restorations1 basic periodontal services1 tooth extractions1 and oral disease management services72 and 7,b7 major treatments 7which may include major tooth restorations1 major periodontal services1 bridges1 crowns1 and root canals72 that shall be included as dental and oral health services for such year4 7#d7 ,oral health professional ,the term oral health professional means1 with respect to dental and oral health services1 a health professional 7other than a doctor of dental surgery or of dental medicine 7as described in subsection 7r77#b777 who is licensed to furnish such services1 acting within the scope of such license1 by the ,state in which such services are furnished4 4 7c7 ,payment2 coinsurance2 and limitations 7#a7 ,in general ,section #ahcc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77#a77 is amended-- 7,a7 in subparagraph 7,n71 by inserting and dental and oral health services 7as defined in section #ahfa7lll77 after section #ahfa7;hhh77#a772 7,b7 by striking and before 7,,dd72 and 7,c7 by inserting before the semicolon at the end the following3 and 7,,ee7 with respect to dental and oral health services 7as defined in section #ahfa7lll771 the amount paid shall be the payment amount specified under section #ahcd7z74 7#b7 ,payment and limits specified ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7 is amended by adding at the end the following new subsection3 7z7 ,payment and limits for dental and oral health services 7#a7 ,in general ,the payment amount under this part for dental and oral health services 7as defined in section #ahfa7lll77 shall be1 subject to paragraph 7#c71 the applicable percent 7specified in paragraph 7#b77 of the lesser of-- 7,a7 the actual charge for the service2 or 7,b7 the amount determined under the payment basis determined under section #ahdh for the service1 or1 in lieu of such amount1 if determined appropriate by the ,secretary1 an amount specified by the ,secretary for such service under a fee schedule determined appropriate by the ,secretary1 taking into account fee schedules for such services-- 7i7 under the ,,tricare program under chapter #ee of title #aj of the ,united ,states ,code2 7ii7 under the health insurance program under chapter #hi of title #e of such ,code2 7iii7 under ,state plans 7or waivers of such plans7 under title ,,xix2 7iv7 under ,medicare ,advantage plans under part ,c2 7v7 established by the ,secretary of ,veterans ,affairs2 and 7vi7 established by other health care payers4 7#b7 ,applicable percent ,for purposes of paragraph 7#a71 the applicable percent specified in this paragraph is1 with respect to dental and oral health services 7as defined in section #ahfa7lll77 furnished in a year-- 7,a7 that are preventive and screening services described in paragraph 7#b7 or basic treatments specified for such year pursuant to paragraph 7#c77;,a7 of such section1 #hj percent2 and 7,b7 that are major treatments specified for such year pursuant to paragraph 7#c77;,b7 of such section-- 7i7 in the case such services are furnished during #bjbh1 #aj percent2 7ii7 in the case such services are furnished during #bjbi or a subsequent year before #bjcb1 the applicable percent specified under this subparagraph for the previous year1 increased by #aj percentage points2 and 7iii7 in the case such services are furnished during #bjcb or a subsequent year1 #ej percent4 7#c7 ,limitations ,with respect to dental and oral health services that are-- 7,a7 preventive and screening oral exams1 payment may be made under this part for not more than two such exams during a #ab-month period2 7,b7 dental cleanings1 payment may be made under this part for not more than two such cleanings during a #ab-month period2 and 7,c7 not described in subparagraph 7,a7 or 7,b71 payment may be made under this part only at such frequencies and under such circumstances determined appropriate by the ,secretary4 7#d7 ,use of bundled payments ,the ,secretary may make payment for dentures and associated professional services1 and for any other dental and oral health services1 as bundled payments as the ,secretary determines appropriate4 7#e7 ,limitation on judicial review ,there shall be no administrative or judicial review under section #ahfi or otherwise of-- 7,a7 the determination of payment amounts under this subsection for dental and oral health services and under subsection 7h77#f7 or subsection 7z77#d7 for dentures2 7,b7 the determination of what services are basic and major services under subparagraphs 7,a7 and 7,b7 of section #ahfa7lll77#c72 or 7,c7 the determination of the frequency and circumstance limitations for dental and oral health services under paragraph 7#c77;,c74 4 7d7 ,payment under physician fee schedule 7#a7 ,in general ,section #ahdh7;j77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;j77#c77 is amended by inserting 7#b77;,,ii71 before 7#c74 7#b7 ,exclusion from ,,mips ,section #ahdh7q77#a77;,c77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7q77#a77;,c77ii77 is amended-- 7,a7 in subclause 7,,ii71 by striking or at the end2 7,b7 in subclause 7,,iii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subclause3 7,,iv7 with respect to #bjbh and each subsequent year1 is a doctor of dental surgery or of dental medicine 7as described in section #ahfa7r77#b77 or is an oral health professional 7as defined in section #ahfa7lll77#d774 4 7#c7 ,inclusion of oral health professionals as certain practitioners ,section #ahdb7;b77#ah77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieu7b77#ah77;,c77 is amended by adding at the end the following new clause3 7vii7 ,with respect to #bjbh and each subsequent year1 an oral health professional 7as defined in section #ahfa7lll77#d774 4 7e7 ,dentures 7#a7 ,in general ,section #ahfa7s77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#h77 is amended-- 7,a7 by striking 7other than dental72 and 7,b7 by inserting and excluding dental1 except for a full or partial set of dentures 7as described in section #ahcd7;h77#f77 furnished on or after ,january #a1 #bjbh after colostomy care4 7#b7 ,special payment rules 7,a7 ,limitations ,section #ahcd7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h77 is amended by adding at the end the following new paragraph3 7#f7 ,special payment rule for dentures ,payment may be made under this part with respect to an individual for dentures-- 7,a7 not more than once during any #e-year period 7except in the case that a doctor described in section #ahfa7lll77#a77;,a7 determines such dentures do not fit the individual72 and 7,b7 only to the extent that such dentures are furnished pursuant to a written order of such a doctor or professional4 4 7,b7 ,application of competitive acquisition 7i7 ,in general ,section #ahcd7;h77#a77;,h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h77#a77;,h77 is amended-- 7,i7 in the subparagraph heading1 by inserting 1 dentures after orthotics2 7,,ii7 by inserting 1 of dentures described in paragraph 7#b77;,d7 of such section1 after #bjaa12 and 7,,iii7 in clause 7i71 by inserting 1 such dentures after orthotics4 7ii7 ,conforming amendment ,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 ,dentures ,dentures described in section #ahfa7s77#h7 for which payment would otherwise be made under section #ahcd7;h74 4 7iii7 ,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 dentures ,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 7f7 ,exclusion modifications ,section #ahfb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,o71 by striking and at the end2 7,b7 in subparagraph 7,p71 by striking the semicolon at the end and inserting 1 and2 and 7,c7 by adding at the end the following new subparagraph3 7,q7 in the case of dental and oral health services 7as defined in section #ahfa7lll77 that are preventive and screening services described in paragraph 7#b7 of such section1 which are furnished more frequently than provided under section #ahcd7z77#c7 or under circumstances other than circumstances determined appropriate under subparagraph 7,c7 of such section2 2 and 7#b7 in paragraph 7#ab71 by inserting before the semicolon at the end the following3 and except that payment may be made under part ,b for dental and oral health services that are covered under section #ahfa7s77#b77;,,ii7 and for dentures under section #ahfa7s77#h74 7g7 ,certain non-application 7#a7 ,in general ,paragraphs 7#a7 and 7#d7 of section #ahci7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7a77 are amended by adding at the end of each such paragraphs the following3 ,in applying this paragraph there shall not be taken into account benefits and administrative costs attributable to the amendments made by section #acddja 7other than subsection 7g77 of ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad and the ,government contribution under section #ahdd7;a77#e74 7#b7 ,payment ,section #ahdd7;a7 of such ,act 7#db ,u4,s4,c4 #aciew7a77 is amended-- 7,a7 in paragraph 7#d71 by striking the period at the end and inserting 2 plus2 7,b7 by adding at the end the following new paragraph3 7#e7 a ,government contribution equal to the amount that is estimated to be payable for benefits and related administrative costs incurred that are attributable to the amendments made by section #acddja 7other than subsection 7g77 of the ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 2 and 7,c7 in the flush matter at the end1 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#e74 7h7 ,implementation 7#a7 ,funding 7,a7 ,in general ,in addition to amounts otherwise available1 the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall provide for the transfer from the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of the ,social ,security ,act 7#db ,u4,s4,c4 #aciet7 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account of-- 7i7 #bj1jjj1jjj for each of fiscal years #bjbb through #bjbh for purposes of implementing the amendments made by this section2 and 7ii7 such sums as determined appropriate by the ,secretary for each subsequent fiscal year for purposes of administering the provisions of such amendments4 7,b7 ,availability and additional use of funds ,funds transferred pursuant to subparagraph 7,a7 shall remain available until expended and may be used1 in addition to the purpose specified in subparagraph 7,a77i71 to implement the amendments made by sections #acddjb and #acddjc4 7#b7 ,administration ,notwithstanding any other provision of law1 the ,secretary may implement1 by program instruction or otherwise1 any of the provisions of1 or amendments made by1 this section4 7#c7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the provisions of1 or the amendments made by1 this section4 #acddjb4 ,providing coverage for hearing care under the ,medicare program 7a7 ,provision of aural rehabilitation and treatment services by qualified audiologists ,section #ahfa7ll77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7ll77#c77 is amended by inserting 7and1 beginning ,october #a1 #bjbc1 such aural rehabilitation and treatment services7 after assessment services4 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 ,october #a1 #bjbc1 to individuals diagnosed with profound or severe 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 #aciem7h771 as amended by section #acddja7;e77#b77;,a71 is further amended by adding at the end the following new paragraph3 7#g7 ,limitations for hearing aids 7,a7 ,in general ,payment may be made under this part with respect to an individual1 with respect to hearing aids furnished on or after ,october #a1 #bjbc-- 7i7 not more than once during a #e-year period2 7ii7 only for types of such hearing aids that are not over-the-counter hearing aids 7as defined in section #ebj7q77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 and that are determined appropriate by the ,secretary2 and 7iii7 only if furnished pursuant to a written order of a physician or qualified audiologist 7as defined in section #ahfa7ll77#d77;,b774 7,b7 ,limitation on judicial review ,there shall be no administrative or judicial review under section #ahfi or otherwise of-- 7i7 the determination of the types of hearing aids paid for under subparagraph 7,a77ii72 or 7ii7 the determination of fee schedule rates for hearing aids described in this paragraph4 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;,h771 as amended by section #acddja7;e77#b77;,b77i71 is further amended-- 7i7 in the header1 by inserting 1 hearing aids after dentures2 7ii7 by inserting 1 of hearing aids described in paragraph 7#b77;,e7 of such section1 after paragraph 7#b77;,d7 of such section2 and 7iii7 in clause 7i71 by inserting 1 such hearing aids after such dentures4 7,b7 ,conforming amendment 7i7 ,in general ,section #ahdg7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;a77#b771 as amended by section #acddja7;e77#b77;,b77ii71 is further amended by adding at the end the following new subparagraph3 7,e7 ,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#g771 as amended by section #acddja7;e77#b77;,b77iii71 is further amended by adding at the end the following new subparagraph3 7,d7 ,certain hearing aids ,those items and services described in paragraph 7#b77;,e7 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 audiologists 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 as amended by section #acddja7;d77#d71 is further amended by adding at the end the following new clause3 7viii7 ,beginning ,october #a1 #bjbc1 a qualified audiologist 7as defined in section #ahfa7ll77#d77;,b774 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 ,certain non-application 7#a7 ,in general ,the last sentence of section #ahci7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7a77#a771 as added by section #acddja7;g77#a71 is amended by striking section #acddja 7other than subsection 7g77 and inserting sections #acddja 7other than subsection 7g771 #acddjb 7other than subsection 7d774 7#b7 ,payment ,paragraph 7#d7 of section #ahdd7;a7 of such ,act 7#db ,u4,s4,c4 #aciew7a771 as added by section #acddja7;g77#b71 is amended by striking section #acddja 7other than subsection 7g77 and inserting sections #acddja 7other than subsection 7g771 #acddjb 7other than subsection 7d774 7e7 ,implementation 7#a7 ,funding 7,a7 ,in general ,in addition to amounts otherwise available1 the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall provide for the transfer from the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of the ,social ,security ,act 7#db ,u4,s4,c4 #aciet7 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account of-- 7i7 #bj1jjj1jjj for each of fiscal years #bjbb through #bjbc for purposes of implementing the amendments made by this section2 and 7ii7 such sums as determined appropriate by the ,secretary for each subsequent fiscal year for purposes of administering the provisions of such amendments4 7,b7 ,availability and additional use of funds ,funds transferred pursuant to subparagraph 7,a7 shall remain available until expended and may be used1 in addition to the purpose specified in subparagraph 7,a77i71 to implement the amendments made by sections #acddja and #acddjc4 7#b7 ,administration ,notwithstanding any other provision of law1 the ,secretary may implement1 by program instruction or otherwise1 any of the provisions of1 or amendments made by1 this section4 7#c7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the provisions of1 or the amendments made by1 this section4 #acddjc4 ,providing coverage for vision care under the ,medicare program 7a7 ,coverage ,section #ahfa7s77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#b771 as amended by section #acddja7;a71 is further amended-- 7#a7 in subparagraph 7,,hh71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,,ii71 by striking the period at the end and adding 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,,jj7 vision services 7as defined in subsection 7mmm772 4 7b7 ,vision services defined ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex71 as amended by section #acddja7;b71 is further amended by adding at the end the following new subsection3 7mmm7 ,vision services ,the term vision services means-- 7#a7 routine eye examinations to determine the refractive state of the eyes1 including procedures performed during the course of such examination2 and 7#b7 contact lens fitting services2 furnished on or after ,october #a1 #bjbb1 by or under the direct supervision of an ophthalmologist or optometrist who is legally authorized to furnish such examinations1 procedures1 or fitting services 7as applicable7 under ,state law 7or the ,state regulatory mechanism provided by ,state law7 of the ,state in which the examinations1 procedures1 or fitting services are furnished4 4 7c7 ,payment limitations ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem71 as amended by section #acddja7;c77#b71 is further amended by adding at the end the following new subsection3 7aa7 ,limitation for vision services ,with respect to vision services 7as defined in section #ahfa7mmm77 and an individual1 payment may be made under this part for only #a routine eye examination described in paragraph 7#a7 of such section and #a contact lens fitting service described in paragraph 7#b7 of such section during a #b-year period4 4 7d7 ,payment under physician fee schedule ,section #ahdh7;j77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;j77#c771 as amended by section #acddja7;d77#a71 is further amended by inserting 7#b77;,,jj71 before 7#c74 7e7 ,coverage of conventional eyeglasses and contact lenses 7#a7 ,in general ,section #ahfa7s77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#h771 as amended by section #acddjb7;b77#a71 is further amended by striking 1 and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens and inserting 1 including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens1 if furnished before ,october #a1 #bjbb1 and including conventional eyeglasses or contact lenses 7as described in section #ahcd7;h77#h771 whether or not furnished subsequent to such a surgery1 if furnished on or after ,october #a1 #bjbb4 7#b7 ,conforming amendment ,section #ahdb7;b77#aa77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieu7b77#aa77;,a77 is amended by inserting furnished prior to ,october #a1 #bjbb1 after relating to them14 7f7 ,special payment rules for eyeglasses and contact lenses 7#a7 ,limitations ,section #ahcd7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h771 as amended by section #acddja7;e77#b77;,a7 and section #acddjb7;b77#b71 is further amended by adding at the end the following new paragraph3 7#h7 ,payment limitations for eyeglasses and contact lenses 7,a7 ,in general ,with respect to eyeglasses and contact lenses furnished to an individual on or after ,october #a1 #bjbb1 subject to subparagraph 7,b71 payment may be made under this part only-- 7i7 during a #b-year period1 for either #a pair of eyeglasses 7including lenses and frames7 or not more than a #b-year supply of contact lenses2 7ii7 with respect to amounts attributable to the lenses and frames of such a pair of eyeglasses or amounts attributable to such a #b-year supply of contact lenses1 in an amount not greater than-- 7,i7 for a pair of eyeglasses furnished in1 or a #b-year supply of contact lenses beginning in1 #bjbb-- 7aa7 #he for the lenses of such pair of eyeglasses and #he for the frames of such pair of eyeglasses2 or 7bb7 #he for such #b-year supply of contact lenses2 and 7,,ii7 for the lenses and frames of a pair of eyeglasses furnished in1 or a #b-year supply of contact lenses beginning in1 a subsequent year1 the dollar amounts specified under this subparagraph for the previous year1 increased by the percentage change 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 7iii7 if furnished pursuant to a written order of a physician described in section #ahfa7lll72 and 7iv7 if during the #b-year period described in clause 7i71 the individual did not already receive 7as described in subparagraph 7,b77 one pair of conventional eyeglasses or contact lenses subsequent to a cataract surgery with insertion of an intraocular lens furnished during such period4 7,b7 ,exception ,with respect to a #b-year period described in subparagraph 7,a77i71 in the case of an individual who receives cataract surgery with insertion of an intraocular lens1 notwithstanding subparagraph 7,a71 payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period4 7,c7 ,limitation on judicial review ,there shall be no administrative or judicial review under section #ahfi or otherwise of-- 7i7 the determination of the types of eyeglasses and contact lenses covered under this paragraph2 or 7ii7 the determination of fee schedule rates under this subsection for eyeglasses and contact lenses4 4 7#b7 ,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;,h771 as amended by section #acddja7;e77#b77;,b77i7 and section #acddjb7;b77#c77;,a71 is further amended-- 7i7 in the header by inserting 1 eyeglasses1 and contact lenses after hearing aids2 7ii7 by inserting and of eyeglasses and contact lenses described in paragraph 7#b77;,f7 of such section1 after paragraph 7#b77;,e7 of such section12 and 7iii7 in clause 7i71 by inserting 1 or such eyeglasses and contact lenses after such hearing aids4 7,b7 ,conforming amendment 7i7 ,in general ,section #ahdg7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;a77#b771 as amended by section #acddja7;e77#b77;,b77ii7 and section #acddjb7;b77#c77;,b77i71 is further amended by adding at the end the following new subparagraph3 7,f7 ,eyeglasses and contact lenses ,eyeglasses and contact lenses 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#g771 as amended by section #acddja7;e77#b77;,b77iii7 and section #acddjb7;b77#c77;,b77ii71 is further amended by adding at the end the following new subparagraph3 7,e7 ,certain eyeglasses and contact lenses ,those items and services described in paragraph 7#b77;,f7 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 7g7 ,exclusion modifications ,section #ahfb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7a771 as amended by section #acddja7;f71 is further amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,p71 by striking and at the end2 7,b7 in subparagraph 7,q71 by striking the semicolon at the end and inserting 1 and2 and 7,c7 by adding at the end the following new subparagraph3 7,r7 in the case of vision services 7as defined in section #ahfa7mmm77 that are routine eye examinations and contact lens fitting services 7as described in paragraph 7#a7 or 7#b71 respectively1 of such section71 which are furnished more frequently than once during a #b-year period2 2 and 7#b7 in paragraph 7#g7-- 7,a7 by inserting 7other than such an examination that is a vision service that is covered under section #ahfa7s77#b77;,,jj77 after eye examinations2 and 7,b7 by inserting 7other than such a procedure that is a vision service that is covered under section #ahfa7s77#b77;,,jj77 after refractive state of the eyes4 7h7 ,certain non-application 7#a7 ,in general ,the last sentence of section #ahci7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7a77#a771 as added by section #acddja7;g77#a7 and amended by section #acddjb7;d77#a71 is further amended by inserting 1 and #acddjc 7other than subsection 7h77 after #acddjb 7other than subsection 7d774 7#b7 ,payment ,paragraph 7#d7 of section #ahdd7;a7 of such ,act 7#db ,u4,s4,c4 #aciew7a771 as added by section #acddja7;g77#b7 and amended by section #acddjb7;d77#b71 is further amended by inserting 1 and #acddjc 7other than subsection 7h77 after #acddjb 7other than subsection 7d774 7i7 ,implementation 7#a7 ,funding 7,a7 ,in general ,in addition to amounts otherwise available1 the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall provide for the transfer from the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of the ,social ,security ,act 7#db ,u4,s4,c4 #aciet7 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account of-- 7i7 #bj1jjj1jjj for each of fiscal years #bjbb and #bjbc for purposes of implementing the amendments made by this section2 and 7ii7 such sums as determined appropriate by the ,secretary for each subsequent fiscal year for purposes of administering the provisions of such amendments4 7,b7 ,availability and additional use of funds ,funds transferred pursuant to subparagraph 7,a7 shall remain available until expended and may be used1 in addition to the purpose specified in subparagraph 7,a77i71 to implement the amendments made by sections #acddja and #acddjb4 7#b7 ,administration ,notwithstanding any other provision of law1 the ,secretary may implement1 by program instruction or otherwise1 any of the provisions of1 or amendments made by1 this section4 7#c7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the provisions of1 or the amendments made by1 this section4 ,f ,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 ,infrastructure financing ,a ,bond financing #aceaja4 ,credit to issuer for certain infrastructure bonds 7a7 ,in general ,subchapter ,b of chapter #fe is amended by inserting before section #fdcb the following new section3 #fdca;,a4 ,credit allowed to issuer for qualified infrastructure bonds 7a7 ,in general ,in the case of a qualified infrastructure bond1 the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the ,secretary as provided in subsection 7b74 7b7 ,payment of credit 7#a7 ,in general ,the ,secretary shall pay 7contemporaneously with each date on which interest is paid1 including any interest paid after the originally scheduled payment date7 to the issuer of such bond 7or1 at the direction of the issuer1 to any person who makes such interest payments on behalf of such issuer7 an amount equal to the applicable percentage of such interest so paid4 7#b7 ,applicable percentage ,for purposes of this subsection1 except as provided in subsection 7d71 the applicable percentage with respect to any bond shall be determined under the following table3 ,in the case of a bond issued during calendar year3,the applicable percentage is3#bjbb through #bjbdcebjbecbbjbfcjbjbg and thereafter#bh 7#c7 ,limitation 7,a7 ,in general ,the amount of any interest payment taken into account under paragraph 7#a7 with respect to a bond for any payment date shall not exceed the amount of interest which would have been payable under such bond for such payment date if interest were determined at the applicable credit rate multiplied by the applicable amount for such bond for such payment date4 7,b7 ,applicable credit rate ,for purposes of subparagraph 7,a7-- 7i7 ,in general ,the applicable credit rate is the rate which the ,secretary estimates will permit the issuance of qualified infrastructure bonds with a specified maturity or redemption date without discount and without additional interest cost to the issuer4 7ii7 ,date of determination ,the applicable credit rate with respect to any qualified infrastructure bond shall be determined as of the first day on which there is a binding1 written contract for the sale or exchange of the bond4 7,c7 ,applicable amount 7i7 ,bonds with more than de minimis original issue discount ,in the case of any bond that has more than a de minimis amount of original issue discount 7determined under the rules of section #abgc7;a77#c771 the applicable amount for a payment date is the issue price of such bond 7within the meaning of section #adh71 as adjusted for any principal payments made prior to such date4 7ii7 ,other bonds ,in the case of any other bond1 the applicable amount for a payment date is the outstanding principal amount of such bond on such payment date 7determined without taking into account any principal payment on such bond on such date74 7c7 ,qualified infrastructure bond 7#a7 ,in general ,for purposes of this section1 the term qualified infrastructure bond means any bond 7other than a private activity bond7 issued as part of an issue if-- 7,a7 #ajj percent of the excess of available project proceeds of such issue over the amounts in a reasonably required reserve 7within the meaning of section #aej7;a77#c77 with respect to such issue are to be used for-- 7i7 capital expenditures or operations and maintenance expenditures in connection with property the acquisition1 construction1 or improvement of which would be a capital expenditure1 or 7ii7 payments made by a ,state or political subdivision of a ,state to a custodian of a rail corridor for purposes of the transfer1 lease1 sale1 or acquisition of an established railroad right-of-way consistent with section #h7;d7 of the ,national ,trails ,act of #aifh1 but only if the ,surface ,transportation ,board has issued a certificate of interim trail use or notice of interim trail use for purposes of authorizing such transfer1 lease1 sale1 or acquisition1 7,b7 the interest on such bond would 7but for this section7 be excludable from gross income under section #ajc1 7,c7 the issue price has not more than a de minimis amount 7determined under rules similar to the rules of section #abgc7;a77#c77 of premium over the stated principal amount of the bond1 and 7,d7 prior to the issuance of such bond1 the issuer makes an irrevocable election to have this section apply4 7#b7 ,applicable rules ,for purposes of applying paragraph 7#a7-- 7,a7 ,not treated as federally guaranteed ,for purposes of section #adi7;b71 a qualified infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under this section4 7,b7 ,application of arbitrage rules ,for purposes of section #adh1 the yield on a qualified infrastructure bond shall be reduced by the credit allowed under this section1 except that no such reduction shall apply in determining the amount of gross proceeds of an issue that qualifies as a reasonably required reserve or replacement fund4 7d7 ,definition and special rules ,for purposes of this section-- 7#a7 ,interest includible in gross income ,for purposes of this title1 interest on any qualified infrastructure bond shall be includible in gross income4 7#b7 ,available project proceeds ,the term available project proceeds means-- 7,a7 the excess of-- 7i7 the proceeds from the sale of an issue1 over 7ii7 issuance costs financed by the issue 7to the extent that such costs do not exceed #b percent of such proceeds71 and 7,b7 the proceeds from any investment of the excess described in subparagraph 7,a74 7#c7 ,current refundings allowed 7,a7 ,in general ,in the case of a bond issued to refund a qualified infrastructure bond1 such refunding bond shall not be treated as a qualified infrastructure bond for purposes of this section unless-- 7i7 the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue1 7ii7 the amount of the refunding bond does not exceed the outstanding amount of the refunded bond1 7iii7 the refunded bond is redeemed not later than #ij days after the date of the issuance of the refunding bond1 and 7iv7 the refunded bond was issued more than #cj days after the date of the enactment of this section4 7,b7 ,applicable percentage limitation ,the applicable percentage with respect to any bond to which subparagraph 7,a7 applies shall be #bh percent4 7,c7 ,determination of average maturity ,for purposes of subparagraph 7,a77i71 average maturity shall be determined in accordance with section #adg7;b77#b77;,a74 7#d7 ,application of ,davis-,bacon ,act requirements with respect to qualified infrastructure bonds ,subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code1 shall apply to projects financed with the proceeds of qualified infrastructure bonds4 7e7 ,regulations ,the ,secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section4 4 7b7 ,gross-up of payment to issuers in case of sequestration ,in the case of any payment under section #fdca;,a of the ,internal ,revenue ,code of #aihf made after the date of the enactment of this ,act to which sequestration applies1 the amount of such payment shall be increased to an amount equal to-- 7#a7 such payment 7determined before such sequestration71 multiplied by 7#b7 the quotient obtained by dividing #a by the amount by which #a exceeds the percentage reduction in such payment pursuant to such sequestration4 ,for purposes of this subsection1 the term sequestration means any reduction in direct spending ordered in accordance with a sequestration report prepared by the ,director of the ,office and ,management and ,budget pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe or the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7c7 ,conforming amendments 7#a7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by striking or #fdca and inserting #fdca1 or #fdca;,a4 7#b7 ,the table of sections for subchapter ,b of chapter #fe is amended by inserting before the item relating to section #fdcb the following new item3 ,sec4 #fdca;,a4 ,credit allowed to issuer for qualified infrastructure bonds4 4 7d7 ,effective date ,the amendments made by this section shall apply to bonds issued after ,december #ca1 #bjba4 #aceajb4 ,advance refunding bonds 7a7 ,in general ,section #adi7;d7 is amended-- 7#a7 by striking to advance refund another bond4 in paragraph 7#a7 and inserting as part of an issue described in paragraph 7#b71 7#c71 or 7#d741 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#e7 and 7#g71 respectively1 7#c7 by inserting after paragraph 7#a7 the following new paragraphs3 7#b7 ,certain private activity bonds ,an issue is described in this paragraph if any bond 7issued as part of such issue7 is issued to advance refund a private activity bond 7other than a qualified #eja7;c77#c7 bond74 7#c7 ,other bonds 7,a7 ,in general ,an issue is described in this paragraph if any bond 7issued as part of such issue71 hereinafter in this paragraph referred to as the refunding bond1 is issued to advance refund a bond unless-- 7i7 the refunding bond is only-- 7,i7 the first advance refunding of the original bond if the original bond is issued after #aihe1 or 7,,ii7 the first or second advance refunding of the original bond if the original bond was issued before #aihf1 7ii7 in the case of refunded bonds issued before #aihf1 the refunded bond is redeemed not later than the earliest date on which such bond may be redeemed at par or at a premium of #c percent or less1 7iii7 in the case of refunded bonds issued after #aihe1 the refunded bond is redeemed not later than the earliest date on which such bond may be redeemed1 7iv7 the initial temporary period under section #adh7;c7 ends-- 7,i7 with respect to the proceeds of the refunding bond not later than #cj days after the date of issue of such bond1 and 7,,ii7 with respect to the proceeds of the refunded bond on the date of issue of the refunding bond1 and 7v7 in the case of refunded bonds to which section #adh7;e7 did not apply1 on and after the date of issue of the refunding bond1 the amount of proceeds of the refunded bond invested in higher yielding investments 7as defined in section #adh7;b77 which are nonpurpose investments 7as defined in section #adh7;f77#f77;,a77 does not exceed-- 7,i7 the amount so invested as part of a reasonably required reserve or replacement fund or during an allowable temporary period1 and 7,,ii7 the amount which is equal to the lesser of #e percent of the proceeds of the issue of which the refunded bond is a part or #ajj1jjj 7to the extent such amount is allocable to the refunded bond74 7,b7 ,special rules for redemptions 7i7 ,issuer must redeem only if debt service savings ,clause 7ii7 and 7iii7 of subparagraph 7,a7 shall apply only if the issuer may realize present value debt service savings 7determined without regard to administrative expenses7 in connection with the issue of which the refunding bond is a part4 7ii7 ,redemptions not required before #ijth day ,for purposes of clauses 7ii7 and 7iii7 of subparagraph 7,a71 the earliest date referred to in such clauses shall not be earlier than the #ijth day after the date of issuance of the refunding bond4 7#d7 ,abusive transactions prohibited ,an issue is described in this paragraph if any bond 7issued as part of such issue7 is issued to advance refund another bond and a device is employed in connection with the issuance of such issue to obtain a material financial advantage 7based on arbitrage7 apart from savings attributable to lower interest rates4 1 and 7#d7 by inserting after paragraph 7#e7 7as so redesignated7 the following new paragraph3 7#f7 ,special rules for purposes of paragraph 7#c7 ,for purposes of paragraph 7#c71 bonds issued before ,october #bb1 #aihf1 shall be taken into account under subparagraph 7,a77i7 thereof except-- 7,a7 a refunding which occurred before #aihf shall be treated as an advance refunding only if the refunding bond was issued more than #ahj days before the redemption of the refunded bond1 and 7,b7 a bond issued before #aihf1 shall be treated as advance refunded no more than once before ,march #ae1 #aihf4 4 7b7 ,conforming amendment ,section #adh7;f77#d77;,c7 is amended by redesignating clauses 7xiv7 through 7xvi7 as clauses 7xv7 to 7xvii71 respectively1 and by inserting after clause 7xiii7 the following new clause3 7xiv7 ,determination of initial temporary period ,for purposes of this subparagraph1 the end of the initial section temporary period shall be determined without regard to section #adi7;d77#c77;,a77iv74 4 7c7 ,effective date ,the amendments made by this section shall apply to advance refunding bonds issued more than #cj days after the date of the enactment of this ,act4 #aceajc4 ,permanent modification of small issuer exception to tax-exempt interest expense allocation rules for financial institutions 7a7 ,permanent increase in limitation ,subparagraphs 7,c77i71 7,d77i71 and 7,d77iii77,,ii7 of section #bfe7;b77#c7 are each amended by striking #aj1jjj1jjj and inserting #cj1jjj1jjj4 7b7 ,permanent modification of other special rules ,section #bfe7;b77#c7 is amended-- 7#a7 by redesignating clauses 7iv71 7v71 and 7vi7 of subparagraph 7,g7 as clauses 7ii71 7iii71 and 7iv71 respectively1 and moving such clauses to the end of subparagraph 7,h7 7as added by paragraph 7#b771 and 7#b7 by striking so much of subparagraph 7,g7 as precedes such clauses and inserting the following3 7,g7 ,qualified #eja7;c77#c7 bonds treated as issued by exempt organization ,in the case of a qualified #eja7;c77#c7 bond 7as defined in section #ade71 this paragraph shall be applied by treating the #eja7;c77#c7 organization for whose benefit such bond was issued as the issuer4 7,h7 ,special rule for qualified financings 7i7 ,in general ,in the case of a qualified financing issue-- 7,i7 subparagraph 7,f7 shall not apply1 and 7,,ii7 any obligation issued as a part of such issue shall be treated as a qualified tax-exempt obligation if the requirements of this paragraph are met with respect to each qualified portion of the issue 7determined by treating each qualified portion as a separate issue which is issued by the qualified borrower with respect to which such portion relates74 4 7c7 ,inflation adjustment ,section #bfe7;b77#c71 as amended by subsection 7b71 is amended by adding at the end the following new subparagraph3 7,i7 ,inflation adjustment ,in the case of any calendar year after #bjba1 the #cj1jjj1jjj amounts contained in subparagraphs 7,c77i71 7,d77i71 and 7,d77iii77,,ii7 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 year1 determined by substituting calendar year #bjbj for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,any increase determined under the preceding sentence shall be rounded to the nearest multiple of #ajj1jjj4 4 7d7 ,effective date ,the amendments made by this section shall apply to obligations issued after the date of the enactment of this ,act4 #aceajd4 ,modifications to qualified small issue bonds 7a7 ,manufacturing ,facilities ,to ,include ,production of ,intangible ,property and ,functionally ,related ,facilities ,subparagraph 7,c7 of section #add7;a77#ab7 is amended to read as follows3 7,c7 ,manufacturing facility ,for purposes of this paragraph-- 7i7 ,in general ,the term manufacturing facility means any facility which-- 7,i7 is used in the manufacturing or production of tangible personal property 7including the processing resulting in a change in the condition of such property71 7,,ii7 is used in the creation or production of intangible property which is described in section #aig7;d77#a77;,c77iii71 or 7,,iii7 is functionally related and subordinate to a facility described in subclause 7,i7 or 7,,ii7 if such facility is located on the same site as the facility described in subclause 7,i7 or 7,,ii74 7ii7 ,certain facilities included ,the term manufacturing facility includes facilities that are directly related and ancillary to a manufacturing facility 7determined without regard to this clause7 if-- 7,i7 those facilities are located on the same site as the manufacturing facility1 and 7,,ii7 not more than #be percent of the net proceeds of the issue are used to provide those facilities4 7iii7 ,limitation on office space ,a rule similar to the rule of section #adb7;b77#b7 shall apply for purposes of clause 7i74 7iv7 ,limitation on refundings for certain property ,subclauses 7,,ii7 and 7,,iii7 of clause 7i7 shall not apply to any bond issued on or before the date of the enactment of the ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 or to any bond issued to refund a bond issued on or before such date 7other than a bond to which clause 7iii7 of this subparagraph 7as in effect before the date of the enactment of such ,act7 applies71 either directly or in a series of refundings4 4 7b7 ,increase in limitations ,section #add7;a77#d7 is amended-- 7#a7 in subparagraph 7,a77i71 by striking #aj1jjj1jjj and inserting #cj1jjj1jjj1 and 7#b7 in the heading1 by striking #aj1jjj1jjj and inserting #cj1jjj1jjj4 7c7 ,adjustment for inflation ,section #add7;a77#d7 is amended by adding at the end the following new subparagraph3 7,h7 ,adjustment for inflation ,in the case of any calendar year after #bjba1 the #cj1jjj1jjj amount 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 year1 determined by substituting calendar year #bjbj for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,if any amount as increased under the preceding sentence is not a multiple of #ajj1jjj1 such amount shall be rounded to the nearest multiple of #ajj1jjj4 4 7d7 ,effective date ,the amendments made by this section shall apply to obligations issued after the date of the enactment of this ,act4 #aceaje4 ,expansion of certain exceptions to the private activity bond rules for first-time farmers 7a7 ,increase in dollar limitation 7#a7 ,in general ,section #adg7;c77#b77;,a7 is amended by striking #dej1jjj and inserting #eeb1ejj4 7#b7 ,repeal of separate lower dollar limitation on used farm equipment ,section #adg7;c77#b7 is amended by striking subparagraph 7,f7 and by redesignating subparagraphs 7,g7 and 7,h7 as subparagraphs 7,f7 and 7,g71 respectively4 7#c7 ,qualified small issue bond limitation conformed to increased dollar limitation ,section #add7;a77#aa77;,a7 is amended by striking #bej1jjj and inserting #eeb1ejj4 7#d7 ,inflation adjustment 7,a7 ,in general ,section #adg7;c77#b77;,g71 as redesignated by paragraph 7#b71 is amended-- 7i7 by striking after #bjjh1 the dollar amount in subparagraph 7,a7 shall be increased and inserting after #bjba1 the dollar amounts in subparagraph 7,a7 and section #add7;a77#aa77;,a7 shall each be increased1 and 7ii7 in clause 7ii71 by striking #bjjg and inserting #bjbj4 7,b7 ,cross-reference ,section #add7;a77#aa7 is amended by adding at the end the following new subparagraph3 7,d7 ,inflation adjustment ,for inflation adjustment of dollar amount contained in subparagraph 7,a71 see section #adg7;c77#b77;,g74 4 7b7 ,substantial farmland determined on basis of average rather than median farm size ,section #adg7;c77#b77;,e7 is amended by striking median and inserting average4 7c7 ,effective date ,the amendments made by this section shall apply to bonds issued after the date of the enactment of this ,act4 #aceajf4 ,certain water and sewage facility bonds exempt from volume cap on private activity bonds 7a7 ,in general ,section #adf7;g7 is amended by striking and at the end of paragraph 7#c71 striking the period at the end of paragraph 7#d7 and inserting 1 and1 and inserting after paragraph 7#d7 the following new paragraph3 7#e7 any exempt facility bond issued as part of an issue described in paragraph 7#d7 or 7#e7 of section #adb7;a7 if #ie percent or more of the net proceeds of such issue are to be used to provide facilities which-- 7,a7 will be used-- 7i7 by a person who was1 as of ,july #a1 #bjbj1 engaged in operation of a facility described in such paragraph1 and 7ii7 to provide service within the area served by such person on such date 7or within a county or city any portion of which is within such area71 or 7,b7 will be used by a successor in interest to such person for the same use and within the same service area as described in subparagraph 7,a74 4 7b7 ,effective date ,the amendments made by this section shall apply to bonds issued after the date of the enactment of this ,act4 #aceajg4 ,exempt facility bonds for zero-emission vehicle infrastructure 7a7 ,in general ,section #adb is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ad71 by striking or at the end1 7,b7 in paragraph 7#ae71 by striking the period at the end and inserting 1 or1 and 7,c7 by adding at the end the following new paragraph3 7#af7 zero-emission vehicle infrastructure4 1 and 7#b7 by adding at the end the following new subsection3 7n7 ,zero-,emission vehicle infrastructure 7#a7 ,in general ,for purposes of subsection 7a77#af71 the term zero-emission vehicle infrastructure means any property 7not including a building and its structural components7 if such property is part of a unit which-- 7,a7 is used to charge or fuel zero-emissions vehicles1 7,b7 is located where the vehicles are charged or fueled1 7,c7 is of a character subject to the allowance for depreciation 7or amortization in lieu of depreciation71 7,d7 is made available for use by members of the general public1 7,e7 accepts payment via a credit card reader1 including a credit card reader that uses contactless technology1 and 7,f7 is capable of charging or fueling vehicles produced by more than one manufacturer 7within the meaning of section #cj;,d7d77#c774 7#b7 ,inclusion of utility service connections1 etc ,the term zero-emission vehicle infrastructure shall include any utility service connections1 utility panel upgrades1 line extensions and conduit1 transformer upgrades1 or similar property1 in connection with property meeting the requirements of paragraph 7#a74 7#c7 ,zero-emissions vehicle ,the term zero-emissions vehicle means-- 7,a7 a zero-emission vehicle as defined in section #hh4ajb-id of title #dj1 ,code of ,federal ,regulations1 or 7,b7 a vehicle that produces zero exhaust emissions of any criteria pollutant 7or precursor pollutant7 or greenhouse gas under any possible operational modes and conditions4 7#d7 ,zero-emissions vehicle infrastructure located within other facilities or projects ,for purposes of subsection 7a71 any zero-emission vehicle infrastructure located within-- 7,a7 a facility or project described in subsection 7a71 or 7,b7 an area adjacent to a facility or project described in subsection 7a7 that primarily serves vehicles traveling to or from such facility or project1 shall be treated as described in the paragraph in which such facility or project is described4 7#e7 ,exception for refueling property for fleet vehicles ,subparagraphs 7,d71 7,e71 and 7,f7 of paragraph 7#a7 shall not apply to property which is part of a unit which is used exclusively by fleets of commercial or governmental vehicles4 4 7b7 ,effective date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjba4 #aceajh4 ,application of ,davis-,bacon ,act requirements with respect to certain exempt facility bonds 7a7 ,in general ,section #adb7;b7 is amended by adding at the end the following new paragraph3 7#c7 ,application of ,davis-,bacon ,act requirements with respect to certain exempt facility bonds ,if any proceeds of any issue are used for construction1 alteration1 or repair of any facility otherwise described in paragraph 7#d71 7#e71 7#ae71 or 7#af7 of subsection 7a71 such facility shall be treated for purposes of subsection 7a7 as described in such paragraph only if each entity that receives such proceeds to conduct such construction1 alteration1 or repair agrees to comply with the provisions of subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code with respect to such construction1 alteration1 or repair4 4 7b7 ,effective date ,the amendment made by this section shall apply to bonds issued after the date of the enactment of this ,act4 ,b ,other provisions related to infrastructure financing #aceaaa4 ,credit for operations and maintenance costs of government-owned broadband 7a7 ,in general ,subchapter ,b of chapter #fe1 as amended by the preceding provisions of this ,act1 is amended by inserting before section #fdcb the following new section3 #fdca;,b4 ,credit for operations and maintenance costs of government-owned broadband 7a7 ,in general ,in the case of any eligible governmental entity1 there shall be allowed a credit equal to the applicable percentage of the qualified broadband expenses paid or incurred by such entity during the taxable year which credit shall be payable by the ,secretary as provided in subsection 7b74 7b7 ,payment of credit ,upon receipt from an eligible governmental entity of such information as the ,secretary may require for purposes of carrying out this section1 the ,secretary shall pay to such entity the amount of the credit determined under subsection 7a7 for the taxable year4 7c7 ,limitation ,the amount of qualified broadband expenses taken into account under this section for any taxable year with respect to any qualified broadband network shall not exceed the product of #djj multiplied by the number of qualified households subscribed to the qualified broadband service provided by such network 7determined as of any time during such taxable year74 7d7 ,definitions ,for purposes of this section-- 7#a7 ,applicable percentage ,the term applicable percentage means-- 7,a7 in the case of any taxable year beginning in #bjba through #bjbf1 #cj percent1 7,b7 in the case of any taxable year beginning in #bjbg1 #bf percent1 and 7,c7 in the case of any taxable year beginning in #bjbh1 #bd percent4 7#b7 ,eligible governmental entity ,the term eligible governmental entity means-- 7,a7 any ,state1 local1 or ,indian tribal government1 7,b7 any political subdivision or instrumentality of any government described in subparagraph 7,a71 and 7,c7 any entity wholly owned by one or more entities described in subparagraph 7,a7 or 7,b74 ,for purposes of this paragraph1 the term ,state includes any possession of the ,united ,states4 7#c7 ,qualified broadband expenses ,the term qualified broadband expenses means so much of the amounts paid or incurred for the operation and maintenance of a qualified broadband network as are properly allocable to qualified households subscribed to the qualified broadband service provided by such network4 7#d7 ,qualified household ,the term qualified household means a personal residence which-- 7,a7 is located in a low-income community 7as defined in section #de;,d7e771 and 7,b7 did not have access to qualified broadband service from the eligible governmental entity 7determined as of the beginning of the taxable year of such entity74 7#e7 ,qualified broadband network ,the term qualified broadband network means property owned by an eligible governmental entity and used for the purpose of providing qualified broadband service4 7#f7 ,qualified broadband service ,the term qualified broadband service means fixed1 terrestrial broadband service providing downloads at a speed of at least #be megabits per second and uploads at a speed of at least #c megabits per second4 7#g7 ,taxable year ,except as otherwise provided by the ,secretary1 the term taxable year means1 with respect to any eligible governmental entity1 the fiscal year of such entity4 7e7 ,special rules 7#a7 ,allocations ,for purposes of subsection 7d77#c71 amounts shall be treated as properly allocated if allocated ratably among the subscribers of the qualified broadband service4 7#b7 ,denial of double benefit ,qualified broadband expenses shall not include any amount which is paid or reimbursed 7directly or indirectly7 by any grant from the ,federal ,government4 7f7 ,regulations ,the ,secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section4 7g7 ,termination ,no credit shall be allowed under this section for any taxable year beginning after ,december #ca1 #bjbh4 4 7b7 ,payments made under section #fdca;,b7b7 of ,internal ,revenue ,code of #aihf ,section #bee7;h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;h77 is amended by inserting3 ,payments made under section #fdca;,b7b7 of the ,internal ,revenue ,code of #aihf after the item related to ,payments for ,foster ,care and ,permanency4 7c7 ,conforming amendments 7#a7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 as amended by the preceding provisions of this ,act1 is amended by striking or #fdca;,a and inserting #fdca;,a1 or #fdca;,b4 7#b7 ,the table of sections for subchapter ,b of chapter #fe1 as amended by the preceding provisions of this ,act1 is amended by inserting before the item relating to section #fdcb the following new item3 ,sec4 #fdca;,b4 ,credit for operations and maintenance costs of government-owned broadband4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #b ,new ,markets ,tax ,credit #acebja4 ,permanent extension of new markets tax credit 7a7 ,temporary limit increase and permanent extension ,section #de;,d7f77#a7 is amended by striking and at the end of subparagraph 7,g7 and by striking subparagraph 7,h7 and inserting the following new subparagraphs3 7,h7 #e1jjj1jjj1jjj for each of calendar years #bjbj and #bjba1 7,i7 #g1jjj1jjj1jjj for calendar year #bjbb1 7,j7 #f1jjj1jjj1jjj for calendar year #bjbc1 and 7,k7 #e1jjj1jjj1jjj for calendar year #bjbd and each calendar year thereafter4 4 7b7 ,alternative minimum tax relief ,section #ch7;c77#d77;,b7 is amended-- 7#a7 by redesignating clauses 7v7 through 7xii7 as clauses 7vi7 through 7xiii71 respectively1 and 7#b7 by inserting after clause 7iv7 the following new clause3 7v7 the credit determined under section #de;,d1 but only with respect to credits determined with respect to qualified equity investments 7as defined in section #de;,d7b77 initially made after ,december #ca1 #bjba1 4 7c7 ,inflation adjustment ,section #de;,d7f7 is amended by adding at the end the following new paragraph3 7#d7 ,inflation adjustment 7,a7 ,in general ,in the case of any calendar year beginning after #bjbd1 the dollar amount paragraph 7#a77;,h7 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 year1 determined by substituting calendar year #bjbc for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding rule ,any increase under subparagraph 7,a7 which is not a multiple of #a1jjj1jjj shall be rounded to the nearest multiple of #a1jjj1jjj4 4 7d7 ,conforming amendment ,section #de;,d7f77#c7 is amended by striking the last sentence4 7e7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to new markets tax credit limitation determined for calendar years after #bjba4 7#b7 ,alternative minimum tax relief ,the amendments made by subsection 7b7 shall apply to credits determined with respect to qualified equity investments 7as defined in section #de;,d7b7 of the ,internal ,revenue ,code of #aihf7 initially made after ,december #ca1 #bjba4 #c ,rehabilitation tax credit #acecja4 ,determination of credit percentage 7a7 ,in general ,section #dg7;a77#b7 is amended by striking #bj percent and inserting the applicable percentage4 7b7 ,applicable percentage ,section #dg7;a7 is amended by adding at the end the following new paragraph3 7#c7 ,applicable percentage ,for purposes of this subsection1 the term applicable percentage means the percentage determined in accordance with the following table3 ,in the case of taxable years beginning3,the applicable percentage is3,before #bjbjbj percent,in #bjbj through #bjbecj percent,in #bjbfbf percent,in #bjbgbc percent,after #bjbgbj percent 7#d7 ,application of percentages to year of expenditure ,in the case of qualified rehabilitation expenditures with respect to the qualified rehabilitated building that are paid or incurred in #b or more taxable years for which there is a different applicable percentage under paragraph 7#c71 the ratable share shall be determined by applying to such expenditures the applicable percentage corresponding to the taxable year in which such expenditures were paid or incurred4 4 7d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,march #ca1 #bjba4 #acecjb4 ,increase in the rehabilitation credit for certain small projects 7a7 ,in general ,section #dg is amended by adding at the end the following new subsection3 7e7 ,special rule regarding certain smaller projects 7#a7 ,in general ,in the case of any smaller project-- 7,a7 the applicable percentage determined under subsection 7a77#c7 shall be #cj percent1 and 7,b7 the qualified rehabilitation expenditures taken into account under this section with respect to such project shall not exceed #b1ejj1jjj4 7#b7 ,smaller project ,for purposes of this subsection1 the term smaller project means the rehabilitation of any qualified rehabilitated building if-- 7,a7 the qualified rehabilitation expenditures taken into account under this section 7or which would be so taken into account but for paragraph 7#a77;,b77 with respect to such rehabilitation do not exceed #c1gej1jjj1 7,b7 no credit was allowed under this section with respect to such building to any taxpayer for either of the #b taxable years immediately preceding the first taxable year in which expenditures described in subparagraph 7,a7 were paid or incurred1 and 7,c7 the taxpayer elects 7at such time and manner as the ,secretary may provide7 to have this subsection apply with respect to such rehabilitation4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acecjc4 ,modification of definition of substantially rehabilitated 7a7 ,in general ,section #dg7;c77#a77;,b77i77,i7 is amended by inserting #ej percent of before the adjusted basis4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to determinations with respect to #bd-month periods 7referred to in clause 7i7 of section #dg7;c77#a77;,b7 of the ,internal ,revenue ,code of #aihf7 and #fj-month periods 7referred to in clause 7ii7 of such section7 which end after ,december #ca1 #bjba4 #acecjd4 ,elimination of rehabilitation credit basis adjustment 7a7 ,in general ,section #ej7;c7 is amended by adding at the end the following new paragraph3 7#f7 ,exception for rehabilitation credit ,in the case of the rehabilitation credit1 paragraph 7#a7 shall not apply4 4 7b7 ,treatment in case of credit allowed to lessee ,section #ej7;d7 is amended by adding at the end the following3 ,in the case of the rehabilitation credit1 paragraph 7#e77;,b7 of the section #dh7;d7 referred to in paragraph 7#e7 of this subsection shall not apply44 7c7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbb4 #acecje4 ,modifications regarding certain tax-exempt use property 7a7 ,in general ,section #dg7;c77#b77;,b77v7 is amended by adding at the end the following new subclause3 7,,iii7 ,disqualified lease rules to apply only in case of government entity ,for purposes of subclause 7,i71 except in the case of a tax-exempt entity described in section #afh7;h77#b77;,a77i7 7determined without regard to the last sentence of section #afh7;h77#b77;,a771 the determination of whether property is tax-exempt use property shall be made under section #afh7;h7 without regard to whether the property is leased in a disqualified lease 7as defined in section #afh7;h77#a77;,b77ii774 4 7b7 ,effective date ,the amendments made by this section shall apply to leases entered into after ,december #ca1 #bjba4 #acecjf4 ,qualification of rehabilitation expenditures for public school buildings for rehabilitation credit 7a7 ,in general ,section #dg7;c77#b77;,b77v71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new subclause3 7,,iv7 ,clause not to apply to public schools ,this clause shall not apply in the case of the rehabilitation of any building which was used as a qualified public educational facility 7as defined in section #adb7k77#a71 determined without regard to subparagraph 7,b7 thereof7 at any time during the #e-year period ending on the date that such rehabilitation begins and which is used as such a facility immediately after such rehabilitation4 4 7b7 ,report ,not later than the date which is #e years after the date of the enactment of this ,act1 the ,secretary of the ,treasury1 after consultation with the heads of appropriate ,federal agencies1 shall report to ,congress on the effects resulting from the amendment made by subsection 7a71 including-- 7#a7 the number of qualified public education facilities rehabilitated 7stated separately with respect to each ,state7 and the number of students using such facilities 7stated separately with respect to each such ,state71 7#b7 the number of qualified public education facilities rehabilitated in low income communities 7as section #de;,d7e77#a7 of the ,internal ,revenue ,code of #aihf7 and the number of students using such facilities1 7#c7 the amount of qualified rehabilitation expenditures for each qualified public education facility rehabilitated1 and 7#d7 and any other data determined by the ,secretary to be useful in evaluating the impact of such amendment4 7c7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjba4 #d ,disaster and resiliency #acedja4 ,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 a ,state1 or a political subdivision or instrumentality thereof1 for the purpose of making such payments4 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 #acedjb4 ,repeal of temporary limitation on personal casualty losses 7a7 ,in general ,section #afe7;h7 is amended by striking paragraph 7#e74 7b7 ,extension of period of limitation on filing claim in certain circumstances ,in the case of a claim for credit or refund which is properly allocable to a loss which is-- 7#a7 deductible under section #afe7;a7 of the ,internal ,revenue ,code of #aihf1 7#b7 described in ,revenue ,procedure #bjag-fj 7as modified by ,revenue ,procedure #bjah-ad71 and 7#c7 claimed for a taxable year beginning after ,december #ca1 #bjaf1 the period of limitation prescribed in section #feaa of the ,internal ,revenue ,code of #aihf for the filing of such claim shall be treated as not expiring earlier than the date that is #a year after the date of the enactment of this ,act4 7c7 ,effective date ,the amendment made by subsection 7a7 shall apply to losses incurred in taxable years beginning after ,december #ca1 #bjag4 7d7 ,regulations ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall issue such regulations or other guidance as are necessary to implement the amendment made by this section1 including regulations or guidance consistent with ,revenue ,procedure #bjag-fj 7as so modified74 #acedjc4 ,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#cc71 by striking the period at the end of paragraph 7#cd7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#ce7 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 #e ,housing ,a ,low ,income ,housing ,tax ,credit #aceeja4 ,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 for #bjbb through #bjbh 7i7 ,in general ,in the case of calendar years #bjbb through #bjbh1 the dollar amounts under subclauses 7,i7 and 7,,ii7 of subparagraph 7,c77ii7 for any such calendar shall be determined under clause 7ii7 and 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#bjbbc4bbc1gaa1egebjbcc4gjd1bfi1dgabj bdd4bed1ija1fbjbjbed4hhe1fcb1hhj 7ii7 ,inflation adjustment for #bjbf1 #bjbg1 and #bjbh ,in the case of calendar years #bjbf1 #bjbg1 and #bjbh1 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 #bjbe 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 #aceejb4 ,tax-exempt bond financing requirement 7a7 ,in general ,section #db7;h77#d77;,b7 is amended by adding at the end the following3 ,the preceding sentence shall be applied by substituting #be percent for #ej percent in the case of any building which is financed by any obligation issued in calendar year #bjbb1 #bjbc1 #bjbd1 #bjbe1 #bjbf1 #bjbg1 or #bjbh 7and not by any obligation on which the application of this subparagraph is based during any taxable year beginning during calendar year #bjai1 #bjbj1 or #bjba744 7b7 ,effective date ,the amendment made by this section shall apply to buildings placed in service in taxable years beginning after ,december #ca1 #bjba4 #aceejc4 ,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 #ij 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 ,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 7,d7 ,termination ,this paragraph shall not apply to allocations after ,december #ca1 #bjca4 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 #ae 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 #aj percent of the private activity bond volume cap as described in section #adf7;d77#a7 to buildings to which clause 7i7 applies4 7iii7 ,termination ,this subparagraph shall not apply to allocations after ,december #ca1 #bjca4 4 7c7 ,effective date ,the amendments made by this section shall apply to allocations1 and determinations1 of housing credit dollar amount after ,december #ca1 #bjba4 #aceejd4 ,inclusion of rural areas as difficult development areas 7a7 ,in general ,subclause 7,i7 of section #db7;d77#e77;,b77iii7 is amended by inserting before the period the following3 1 and any rural area4 7b7 ,rural area ,clause 7iii7 of section #db7;d77#e77;,b7 is amended by redesignating subclause 7,,ii7 as subclause 7,,iii7 and by inserting after subclause 7,i7 the following new subclause3 7,,ii7 ,rural area ,for purposes of subclause 7,i71 the term rural area means any non-metropolitan area1 or any rural area as defined by section #ebj of the ,housing ,act of #aidi1 which is identified by the qualified allocation plan under subsection 7m77#a77;,b74 4 7c7 ,effective date ,the amendments made by this section shall apply to buildings placed in service after ,december #ca1 #bjba4 #aceeje4 ,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 #aceejc1 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 which received before ,january #a1 #bjbb1 a determination from the issuer of the tax-exempt bonds or the housing credit agency that the building is eligible to receive an allocation of housing credit dollar amount under the rules of paragraphs 7#a7 and 7#b7 of subsection 7m74 4 7b7 ,rules relating to existing projects ,subparagraph 7,f7 of section #db7;h77#g71 as redesignated by section #aceejc1 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 #aceejc1 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 date 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 #aceejc and subsection 7c71 is submitted after the date of the enactment of this ,act4 #aceejf4 ,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 ,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 ,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 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 partnership interests1 including an offer by a related party4 4 7c7 ,conforming amendments ,subparagraph 7,b7 of section #db7;i77#g7 is amended by striking the sum of and all that follows and inserting 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 tenants74 ,in the case of a purchase of a partnership interest1 the minimum purchase price is an amount not less than such interest's ratable share of the amount determined under the first sentence of this subparagraph44 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 #aceejg4 ,increase in credit for bond-financed projects designated by housing credit agency 7a7 ,in general ,section #db7;d77#e77;,b77v7 is amended by striking ,the preceding sentence and inserting ,in the case of determinations of housing credit dollar amount after ,december #ca1 #bjbh1 the preceding sentence4 7b7 ,effective date ,the amendments made by this section shall apply to buildings which receive a determination of housing credit dollar amount pursuant to section #db7m77#b77;,d7 of the ,internal ,revenue ,code of #aihf after the date of the enactment of this ,act4 ,b ,neighborhood ,homes ,investment ,act #aceeaa4 ,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 #f1 multiplied by the ,state population 7determined in accordance with section #adf7;j771 or 7,,ii7 #h1jjj1jjj1 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 #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 #f ,investments in tribal infrastructure #acefja4 ,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 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 #acefjb4 ,new markets tax credit for ,tribal ,statistical ,areas 7a7 ,additional allocations for ,tribal ,statistical ,areas ,section #de;,d7f71 as amended by the preceding provisions of this ,act1 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 each calendar year after #bjba1 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 limitation4 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 ,application of inflation adjustment ,section #de;,d7f77#d71 as added by the preceding provisions of this ,act1 is amended by striking the dollar amount paragraph 7#a77;,h7 shall be increased and inserting the dollar amounts in paragraphs 7#a77;,h7 and 7#e77;,a7 shall each be increased4 7d7 ,coordination with existing carryover ,section #de;,d7f77#c71 as amended by the preceding provisions of this ,act1 is amended to read as follows3 7#c7 ,carryover of unused limitation ,if the new markets tax credit limitation under paragraph 7#a7 for any calendar year exceeds the amount of such limitation allocated by the ,secretary under paragraph 7#b7 for such year1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 4 7e7 ,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 7f7 ,effective date ,the amendments made by this section shall apply to new markets tax credit limitation determined for calendar years after ,december #ca1 #bjba4 #acefjc4 ,inclusion of ,indian areas as difficult development areas for purposes of certain buildings 7a7 ,in general ,subclause 7,i7 of section #db7;d77#e77;,b77iii71 as amended by the preceding provisions of this ,act1 is amended by inserting 1 any ,indian area after median gross income4 7b7 ,indian area ,clause 7iii7 of section #db7;d77#e77;,b71 as amended by the preceding provisions of this ,act is amended by redesignating subclause 7,,iii7 as subclause 7,v7 and by inserting after subclause 7,,ii7 the following new subclauses3 7,,iii7 ,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,,iv7 ,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 #g ,investments in the territories #acegja4 ,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 related to the qualified domestic corporation 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 #aci1ejj 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#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 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 #acegjb4 ,additional new markets tax credit allocations for the territories 7a7 ,in general ,section #de;,d7f71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#f7 ,additional allocations for possessions of the ,united ,states 7,a7 ,in general ,in the case of each calendar year after #bjba1 there is 7in addition to the limitation under paragraph 7#a7-- 7i7 a new markets tax credit limitation of #hj1jjj1jjj which shall be allocated by the ,secretary as provided in paragraph 7#b7 except that such limitation may only be allocated with respect to low-income communities located in ,puerto ,rico1 and 7ii7 a new markets tax credit limitation of #bj1jjj1jjj which shall be allocated by the ,secretary as provided in paragraph 7#b7 except that such limitation may only be allocated with respect to low-income communities located in possessions of the ,united ,states other than ,puerto ,rico4 7,b7 ,carryover of unused limitation 7i7 ,in general ,if the credit limitation under clause 7i7 or clause 7ii7 of 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 possession 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 limitation4 4 7b7 ,application of inflation adjustment ,section #de;,d7f77#d71 as added and amended by the preceding provisions of this ,act1 is amended by striking paragraphs 7#a77;,h7 and 7#e77;,a7 and inserting paragraphs 7#a77;,h71 7#e77;,a71 7#f77;,a77i71 and 7#f77;,a77ii74 7c7 ,effective dates ,the amendments made by this section shall apply to new markets tax credit limitation determined for calendar years after ,december #ca1 #bjba4 ,g ,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 #bjcd3 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 ,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 #bjcd44 7c7 ,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 #bjcd4 7d7 ,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 #bjcd4 7#b7 ,application of phaseout percentage 7,a7 ,renewable electricity production credit ,section #de7;b77#e77;,d7 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;,e77iv7 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 7e7 ,percentage phaseout of credit ,section #de7;b7 is amended by adding at the end the following new paragraph3 7#f7 ,percentage phaseout of credit ,in the case of any facility1 the amount of the credit determined under subsection 7a7 shall be reduced by-- 7,a7 in the case of any facility the construction of which begins after ,december #ca1 #bjca and before ,january #a1 #bjcc1 #bj percent1 7,b7 in the case of any facility the construction of which begins after ,december #ca1 #bjcb and before ,january #a1 #bjcd1 #dj percent1 and 7,c7 in the case of any facility the construction of which begins after ,december #ca1 #bjcc1 #ajj percent4 4 7f7 ,wage and apprenticeship requirements ,section #de7;b7 is amended by adding at the end the following new paragraphs3 7#g7 ,base credit amount and increased credit amount for qualified facilities 7,a7 ,in general ,in the case of any qualified facility which does not satisfy 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#f77 shall be #bj percent of such amount 7determined without regard to this sentence74 7,b7 ,increased credit for certain facilities meeting project requirements 7i7 ,in general ,in the case of any qualified facility which meets the project requirements of this subparagraph1 subparagraph 7,a7 shall not apply4 7ii7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7,i7 ,a project with a maximum net output of less than #a megawatt4 7,,ii7 ,a project which commences construction prior to the date of the enactment of this paragraph4 7,,iii7 ,a project which satisfies the requirements of paragraphs 7#h7 and 7#i74 7#h7 ,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 #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 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 the amount of wages paid to such laborer or mechanic during such period1 and-- 7,,aa7 the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period1 plus 7,,bb7 interest on the amount determined under item 7aa7 at the underpayment rate established under section #ffba 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 ,penalty assessed as tax ,the penalty described in clause 7i77,,ii7 shall be treated in the same manner as a penalty imposed under subchapter ,b of chapter #fh4 7#i7 ,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 ,all contractors and subcontractors engaged in the performance of construction1 alteration1 or repair work on any project shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph1 or 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 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 contractor or subcontractor1 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#aj7 ,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#i77 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 ,subject to clause 7iii71 the requirement described in this subclause with respect to any qualified facility is that1 prior to the end of the taxable year in which such facility is placed in service1 the taxpayer shall certify to the ,secretary that1 any steel1 iron1 or manufactured product used in the construction of such facility was produced in the ,united ,states4 7ii7 ,steel and iron ,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 7iii7 ,manufactured product ,for purposes of clause 7i71 a manufactured product shall be deemed to have been manufactured in the ,united ,states if not less than #ee percent of the total cost of the components of such product is attributable to components which are mined1 produced1 or manufactured in the ,united ,states4 7,c7 ,international agreements ,this paragraph shall be applied in a manner which is consistent with the obligations of the ,united ,states under international agreements4 7#aa7 ,penalty for direct pay 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#aj7 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 ,exceptions ,in order to facilitate the use of amounts made available in this section1 increase the tax incentives for investment in clean energy1 and grow the domestic supply chains1 the ,secretary shall provide appropriate exceptions to the domestic content requirements for products under subparagraph 7,c7 for the construction of qualified facilities if either the inclusion of domestic products increases the overall costs of projects by more than #be percent or relevant manufactured products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality4 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 subsection4 4 7g7 ,effective date ,the amendments made by this section shall apply to facilities placed in service 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 #bjcd3 7#a7 ,subsection 7a77#c77;,a77ii74 7#b7 ,subsection 7a77#c77;,a77vii74 7#c7 ,subsection 7c77#a77;,d74 7#d7 ,subsection 7c77#b77;,d74 7#e7 ,subsection 7c77#c77;,a77iv74 7#f7 ,subsection 7c77#d77;,c74 7b7 ,phaseout of credit ,section #dh7;a7 is amended by striking paragraphs 7#f7 and 7#g7 and inserting the following new paragraphs3 7#f7 ,phaseout for solar energy property 7,a7 ,in general ,subject to subparagraph 7,b71 in the case of any energy property described in paragraph 7#c77;,a77i7 the construction of which begins before ,january #a1 #bjcd1 the energy percentage determined under paragraph 7#b7 shall be equal to-- 7i7 in the case of any property the construction of which begins after ,december #ca1 #bjai1 and which is placed in service before ,january #a1 #bjbb1 #bf percent1 7ii7 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 #cj percent1 7iii7 in the case of any property the construction of which begins after ,december #ca1 #bjca and before ,january #a1 #bjcc1 #bf percent1 and 7iv7 in the case of any property the construction of which begins after ,december #ca1 #bjcb and before ,january #a1 #bjcd1 #bb percent4 7,b7 ,placed in service deadline ,in the case of any energy property described in paragraph 7#c77;,a77i7 the construction of which begins before ,january #a1 #bjcd1 and which is not placed in service before ,january #a1 #bjcf1 the energy percentage determined under paragraph 7#b7 shall be equal to #aj percent4 7#g7 ,phaseout for certain other energy property 7,a7 ,in general ,subject to subparagraph 7,b71 in the case of any qualified fuel cell property1 qualified small wind property1 waste energy recovery property1 or energy property described in paragraph 7#c77;,a77ii71 the energy percentage determined under paragraph 7#b7 shall be equal to-- 7i7 in the case of any property the construction of which begins after ,december #ca1 #bjai1 and which is placed in service before ,january #a1 #bjbb1 #bf percent1 7ii7 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 #cj percent1 7iii7 in the case of any property the construction of which begins after ,december #ca1 #bjca and before ,january #a1 #bjcc1 #bf percent1 and 7iv7 in the case of any property the construction of which begins after ,december #ca1 #bjcb and before ,january #a1 #bjcd1 #bb percent4 7,b7 ,placed in service deadline ,in the case of any energy property described in subparagraph 7,a7 which is not placed in service before ,january #a1 #bjcf1 the energy percentage determined under paragraph 7#b7 shall be equal to #j percent4 4 7c7 #cj percent credit for solar and geothermal 7#a7 ,extension for solar ,section #dh7;a77#b77;,a77i77,,ii7 is amended by striking ,january #a1 #bjbd and inserting ,january #a1 #bjcd4 7#b7 ,application to geothermal 7,a7 ,in general ,paragraphs 7#b77;,a77i77,,ii71 7#f77;,a71 and 7#f77;,b7 of section #dh7;a7 are each amended by striking paragraph 7#c77;,a77i7 and inserting clause 7i71 7iii71 or 7vii7 of paragraph 7#c77;,a74 7,b7 ,conforming amendment ,the heading of section #dh7;a77#f7 is amended by inserting and geothermal after solar energy4 7d7 ,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 7viii7 energy storage technology1 7ix7 qualified biogas property1 or 7x7 microgrid controllers1 4 7#b7 ,application of #cj 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 and 7,,viii7 microgrid controllers1 and 4 7#c7 ,application of phaseout ,section #dh7;a77#g7 is amended by inserting energy storage technology1 qualified biogas property1 microgrid contollers1 after waste energy recovery property14 7#d7 ,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 equipment 7other than equipment primarily used in the transportation of goods or individuals and not for the production of electricity7 which uses batteries1 compressed air1 pumped hydropower1 hydrogen storage1 thermal energy storage1 regenerative fuel cells1 flywheels1 capacitors1 superconducting magnets1 or other technologies identified by the ,secretary1 after consultation with the ,secretary of ,energy1 to store energy for conversion to electricity 7or1 in the case of hydrogen storage1 to store energy71 and has a 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 is modified such that such equipment 7after such modification7 has a 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 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 #bjcd4 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 methane1 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 productive use4 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 #bjcd4 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 microgrid to maintain acceptable frequency1 voltage1 or economic dispatch4 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 #bjcd4 4 7#e7 ,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#f7 ,extension of waste energy recovery property ,section #dh7;c77#e77;,d7 is amended by striking ,january #a1 #bjbd and inserting ,january #a1 #bjcd4 7e7 ,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 kilowatts 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 7f7 ,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 7g7 ,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 7h7 ,wage and apprenticeship requirements ,section #dh7;a7 is amended by adding at the end the following new paragraphs3 7#h7 ,base credit amount and increased credit amount for energy projects 7,a7 ,in general 7i7 ,rule ,in the case of any energy project which does not satisfy 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#g77 shall be #bj percent of such amount 7determined without regard to this sentence74 7ii7 ,energy project defined ,for purposes of this subsection the term energy project means a project consisting of multiple energy properties that are part of a single project4 ,the requirements of this paragraph shall be applied to such project4 7,b7 ,increased credit for energy projects meeting project requirements 7i7 ,in general ,in the case of any energy project which meets the project requirements of this subparagraph1 subparagraph 7,a7 shall not apply4 7ii7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7,i7 ,a project with a maximum net output of less than #a megawatt4 7,,ii7 ,a project which commences construction prior to the date of the enactment of this paragraph4 7,,iii7 ,a project which satisfies the requirements of paragraphs 7#i7 and 7#aj74 7#i7 ,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 project 1 and 7ii7 for any year during the period beginning on the date any energy property of such project is originally placed in service1 the alteration or repair of such property1 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 ,a taxpayer shall not be treated as failing to satisfy the requirements of this paragraph if such taxpayer meets requirements similar to the requirements of section #de7;b77#h77;,b74 7#aj7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to the construction of any applicable facility are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of construction1 alteration1 or repair work on any applicable facility prior to such facility being placed into service shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours has the meaning given such term in section #de7;b77#i77;,e77i74 7ii7 ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 7#aa7 ,domestic content bonus credit amount 7,a7 ,in general ,in the case of any energy project which satisfies the requirements under subparagraph 7,b71 the energy percentage in subsection 7a77#b7 shall be increased by the applicable rate in subparagraph 7,c74 7,b7 ,requirements 7i7 ,in general ,the requirement described in this subclause with respect to any energy project is satisfied if the taxpayer certifies to the ,secretary 7at such time1 and in such form and manner1 as the ,secretary may prescribe7 that the facility is composed of steel1 iron1 or manufactured products which were produced in the ,united ,states4 7ii7 ,steel and iron ,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 7iii7 ,manufactured product ,for purposes of clause 7i71 a manufactured product shall be deemed to have been manufactured in the ,united ,states if not less than #ee percent of the total cost of the components of such product is attributable to components which are mined1 produced1 or manufactured in the ,united ,states4 7,c7 ,applicable rate increase ,for purposes of subparagraph 7,a71 the applicable credit rate increase shall be an amount equal to-- 7i7 in the case of energy project that does not meet the requirements of subclause 7,i7 or 7,,iii7 of paragraph 7#h77;,b77ii71 #b percentage points1 and 7ii7 in the case of energy property that meets the requirements of subclause 7,i7 or 7,,iii7 of paragraph 7#h77;,b77ii71 #aj percentage points4 7,d7 ,international agreements ,this paragraph shall be applied in a manner which is consistent with the obligations of the ,united ,states under international agreements4 7#ab7 ,penalty for direct pay 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 energy projects ,in the case of any energy project-- 7i7 which satisfies the requirements under paragraph 7#aa7 with respect to the construction of such project1 or 7ii7 with a maximum net output of less than #a megawatt the applicable percentage shall be #ajj percent4 7,c7 ,phased domestic content requirement ,subject to subparagraph 7,d71 in the case of any energy project which is not described in subparagraph 7,b71 the applicable percentage shall be-- 7i7 if construction of such project began before ,january #a1 #bjbd1 #ajj percent1 7ii7 if construction of such project began in calendar year #bjbd1 #ij percent1 7iii7 if construction of such project began in calendar year #bjbe1 #he percent1 and 7iv7 if construction of such project began after ,december #ca1 #bjbe1 #j percent4 7,d7 ,exceptions ,in order to facilitate the use of amounts made available in this section1 increase the tax incentives for investment in clean energy1 and grow the domestic supply chains1 the ,secretary shall provide appropriate exceptions to the domestic content requirements for products under subparagraph 7,c7 for the construction of qualified facilities if either the inclusion of domestic products increases the overall costs of projects by more than #be percent or relevant manufactured products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality4 7#ac7 ,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 subsection4 4 7i7 ,effective dates 7#a7 ,the amendments made by subsections 7a71 7b71 7c71 7e71 7f71 7g71 and 7h7 of this section shall apply to property placed in service after ,december #ca1 #bjba4 7#b7 ,the amendment made by subsection 7d7 shall apply to periods after ,december #ca1 #bjba1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 #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 facilities placed in service in connection with low-income communities 7#a7 ,in general ,in the case of any qualified solar facility with respect to which the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 makes an allocation of environmental justice solar capacity limitation under paragraph 7#d7-- 7,a7 equipment described in paragraph 7#c77;,b7 shall be treated for purposes of this section as energy property described in subsection 7a77#b77;,a77i71 7,b7 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,c7 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 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 facility ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified solar facility means any facility-- 7i7 which generates electricity solely from property described in subsection 7a77#c77;,a77i71 7ii7 which has a nameplate capacity of #e megawatts or less1 and 7iii7 which-- 7,i7 is located in a low-income community 7as defined in section #de;,d7e771 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 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 7,a7 ,in general ,for purposes of this section1 the term eligible property means-- 7i7 energy property which is described in subsection 7a77#c77;,a77i71 including energy storage property 7described in subsection 7a77#c77;,a77viii77 installed in connection with such energy property1 and 7ii7 the amount of any expenditures which are paid or incurred by the taxpayer for qualified interconnection property installed in connection with the installation of property described in subparagraph 7,a7 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 ,definitions ,for purposes of subparagraph 7,a7-- 7i7 ,qualified interconnection property ,the term qualified interconnection property means1 with respect to a qualified facility which is not a microgrid1 any tangible property-- 7,i7 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 qualified facility interconnects to such transmission or distribution system in order to accommodate such interconnection1 7,,ii7 either-- 7aa7 which is constructed1 reconstructed1 or erected by the taxpayer1 or 7bb7 for which the cost with respect to the construction1 reconstruction1 or erection of such property is paid or incurred by such taxpayer1 and 7,,iii7 the original use of which1 pursuant to an interconnection agreement1 commences with the utility4 7ii7 ,interconnection agreement ,the term interconnection agreement means an agreement with a utility for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility4 7iii7 ,utility ,the term utility means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- 7,i7 the ,federal ,energy ,regulatory ,commission1 or 7,,ii7 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,c7 ,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 7#d7 ,allocations 7,a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities4 7,b7 ,limitation ,the amount of environmental justice solar 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 #bjca1 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 #bjcc4 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 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 solar facilities to allocate environmental justice solar 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 governments and community-based organizations4 7,g7 ,disclosure of allocations ,the ,secretary shall1 upon making an allocation of environmental justice solar capacity limitation under this paragraph1 publicly disclose the identity of the applicant1 the amount of the environmental justice solar 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 apply to periods after ,december #ca1 #bjba1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 #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 ,the renewable electricity production credit determined under section #de4 7#b7 ,the energy credit determined under section #dh4 7#c7 ,the credit for carbon oxide sequestration determined under section #de,q4 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 or any ,indian tribal government 7within the meaning of section #aci;,e71 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 qualified resources1 qualified facility1 or energy 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 paragraph 7#b77;,a77ii74 7#c7 ,irrevocable election ,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 applicable credit is determined1 but in no event earlier than #ahj days after the date of the enactment of this section4 ,any such election1 once made1 shall be irrevocable4 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 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 subparagraph 7,a77ii7 of paragraph 7#b7 shall be treated in the same manner as a refund due from a credit provision referred to in subparagraph 7,b7 of such paragraph4 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 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 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 such taxpayer shall be deemed to have taken such credit4 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 ,rules similar to the rules of subsections 7a7 and 7c7 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 allowable4 4 7b7 ,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 7c7 ,in general ,the amendments made by this section shall apply to property placed in service after the ,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 #cj 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 ,the term qualifying electric transmission line means an electric transmission line which-- 7,a7 is capable of transmitting electricity at a voltage of not less than #bge kilovolts1 and 7,b7 has a transmission capacity of not less than #ejj megawatts4 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 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 necessary for the operation of 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;,b7 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 ,no credit shall be allowed under this section with respect to-- 7#a7 any property if 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 cooperative has1 before the date of the enactment of this section1 selected for cost allocation such property for cost recovery1 or 7#b7 any property if-- 7,a7 construction of such property begins before ,january #a1 #bjbb1 or 7,b7 construction of any portion of the qualifying electric transmission line to which such property relates begins before such date4 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 ,base credit amount and increased credit amount for applicable facilities 7,a7 ,in general 7i7 ,rule ,in the case of any applicable facility which does not satisfy the requirements of subparagraph 7,b71 the amount of the credit determined under this subsection shall be #bj percent of such amount 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 ,increased credit for applicable facility meeting project requirements 7i7 ,in general ,in the case of any applicable facility which meets the project requirements of this subparagraph1 subparagraph 7,a7 shall not apply4 7ii7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7,i7 ,a project with a maximum net output of less than #a megawatt4 7,,ii7 ,a project which commences construction prior to the date of the enactment of this paragraph4 7,,iii7 ,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 applicable 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 or property is originally placed in service1 the alteration or repair of such facility or property1 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 ,a taxpayer shall not be treated as failing to satisfy the requirements of this paragraph if such taxpayer meets requirements similar to the requirements of section #de7;b77#h77;,b74 7#c7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to the construction of any applicable facility are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of construction1 alteration1 or repair work on any applicable facility prior to such facility being placed into service shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours has the meaning given such term in section #de7;b77#i77;,e77i74 7ii7 ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 7#d7 ,domestic content bonus credit amount 7,a7 ,in general ,in the case of any applicable facility which satisfies the requirements under subparagraph 7,b71 the credit determined under subsection 7a7 shall be increased by the applicable rate in subparagraph 7,c74 7,b7 ,requirements 7i7 ,in general ,the requirement described in this subclause with respect to any applicable 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 the facility is composed of steel1 iron1 or manufactured products which were produced in the ,united ,states4 7ii7 ,steel and iron ,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 7iii7 ,manufactured product ,for purposes of clause 7i71 a manufactured product shall be deemed to have been manufactured in the ,united ,states if not less than #ee percent of the total cost of the components of such product is attributable to components which are mined1 produced1 or manufactured in the ,united ,states4 7,c7 ,applicable rate increase ,for purposes of subparagraph 7,a71 the applicable credit rate increase shall be an amount equal to-- 7i7 in the case of applicable facility that does not meet the requirements of subclause 7,i7 or 7,,iii7 of paragraph 7#a77;,b77ii71 #b percentage points1 and 7ii7 in the case of applicable facility that meets the requirements of subclause 7,i7 or 7,,iii7 of paragraph 7#a77;,b77ii71 #aj percentage points4 7,d7 ,international agreements ,this paragraph shall be applied in a manner which is consistent with the obligations of the ,united ,states under international agreements4 7#e7 ,penalty for direct pay 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 applicable facility ,in the case of any applicable facility-- 7i7 which satisfies the requirements under paragraph 7#aa7 with respect to the construction of such property1 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 ,exceptions ,in order to facilitate the use of amounts made available in this section1 increase the tax incentives for investment in clean energy1 and grow the domestic supply chains1 the ,secretary shall provide appropriate exceptions to the domestic content requirements for products under subparagraph 7,c7 for the construction of qualified facilities if either the inclusion of domestic products increases the overall costs of projects by more than #be percent or relevant manufactured products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality4 7g7 ,termination ,this section shall not apply to any property unless-- 7#a7 such property is placed in service before ,january #a1 #bjcb1 and 7#b7 the qualifying electric transmission line with respect to which such property relates is placed in service before such date4 7h7 ,regulations and guidance ,the ,secretary1 after consultation with the ,chairman of the ,federal ,energy ,regulatory ,commission1 shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this section4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as added 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 ,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 7iv71 7,b7 by striking the period at the end of clause 7v7 and inserting 1 and1 and 7,c7 by adding at the end the following new clause3 7vi7 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;,d4 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 7d7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjba4 7#b7 ,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 ,zero emissions facility credit 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;,e4 ,zero emissions facility credit 7a7 ,in general ,for purposes of section #df1 the zero emissions facility credit for any taxable year is an amount equal to #cj percent of the qualified investment for such taxable year with respect to any zero emissions facility of the taxpayer4 7b7 ,qualified investment 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a zero emissions facility4 7#b7 ,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 7#c7 ,limitation ,the amount which is treated as the qualified investment for all taxable years with respect to any zero emissions facility shall not exceed the amount designated by the ,secretary as eligible for the credit under this section4 7c7 ,zero emissions facility 7#a7 ,in general ,for purposes of this section1 the term zero emissions facility means any facility-- 7,a7 which generates electricity1 7,b7 which does not generate any greenhouse gases 7within the meaning of 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 section71 7,c7 which uses a technology or process which1 in the calendar year in which an amount of credit is designated with respect to such facility1 achieved a market penetration level of less than #c percent1 7,d7 no portion of which is-- 7i7 a qualified facility 7as defined in section #de7;d771 7ii7 an advanced nuclear power facility 7as defined in section #de;,j7d771 7iii7 a qualified facility 7as defined in section #de,q71 or 7iv7 energy property 7as defined in section #dh7;a77#c774 7#b7 ,market penetration level ,for purposes of this subsection1 the term market penetration level means1 with respect to any calendar year1 the amount equal to the greater of-- 7,a7 the amount 7expressed as a percentage7 equal to the quotient of-- 7i7 the sum of all electricity produced 7expressed in terawatt hours7 from the technology or method used for the production of electricity by all electricity generating facilities in the ,united ,states during such calendar year 7as determined by the ,secretary on the basis of data reported by the ,energy ,information ,administration71 divided by the total domestic power sector electricity production 7expressed in terawatt hours7 for such calendar year1 or 7ii7 the amount determined under this subparagraph for the preceding calendar year with respect to such technology or method4 7d7 ,eligible property ,for purposes of this section1 the term eligible property means any property-- 7#a7 which is necessary for the generation of electricity1 7#b7 which is-- 7,a7 tangible personal property1 or 7,b7 other tangible property 7not including a building or its structural components71 but only if such property is used as an integral part of the zero emissions facility1 and 7#c7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable4 7e7 ,allocations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall establish a program to consider and award certification amounts of zero emissions facility credit limitation to zero emissions facilities4 7#b7 ,annual limitation 7,a7 ,in general ,the amount of zero emissions facility credit limitation that may be designated under this subsection during any calendar year shall not exceed the annual credit limitation with respect to such year4 7,b7 ,annual credit limitation ,for purposes of this subsection1 the term annual credit limitation means #bej1jjj1jjj for each of calendar years #bjbb through #bjca1 and zero thereafter4 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 #bjca4 7#c7 ,placed in service deadline 7,a7 ,in general ,no credit shall be determined under subsection 7a7 with respect to any zero emissions facility which is placed in service after the date that is #d years after the date of the designation under this subsection relating to such zero emissions facility4 7,b7 ,application of carryover ,any amount of credit which expires under subparagraph 7,a7 during any calendar year shall be taken into account as an excess described in paragraph 7#b77;,c7 7or as an increase in such excess7 for such calendar1 subject to the limitation imposed by the last sentence of such paragraph4 7#d7 ,selection criteria ,in determining which zero emissions facilities to certify under this section1 the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall-- 7,a7 take into consideration which facilities-- 7i7 will result in the greatest reduction of greenhouse gas emissions1 7ii7 have the greatest potential for technological innovation and commercial deployment1 and 7iii7 will result in the greatest reduction of local environmental effects that are harmful to human health1 and 7,b7 require that applicants provide written assurances to the ,secretary that all laborers and mechanics employed by contractors and subcontractors in the performance of construction1 alteration or repair work on a zero emissions facility shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7#e7 ,disclosure of certifications ,the ,secretary shall1 upon making a certification under this subsection1 publicly disclose the identity of the applicant1 the amount of the credit awarded with respect to such applicant1 and the location of the zero-emissions facility for which such credit is awarded4 7f7 ,credit conditioned upon wage and apprenticeship requirements 7#a7 ,in general ,no credit shall be allocated for a zero emissions facility under this section unless the zero emissions facility meets the prevailing wage requirements of paragraph 7#b7 and the apprenticeship requirements of paragraph 7#c74 7#b7 ,prevailing wage requirements 7,a7 ,in general ,the requirements described in this paragraph with respect to a zero emissions facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- 7i7 the construction of such zero emissions 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 zero emissions 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 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 zero emissions 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 the amount of wages paid to such laborer or mechanic during such period1 and-- 7bb7 the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period1 plus 7,,aa7 interest on the amount determined under item 7aa7 at the underpayment rate established under section #ffba 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 ,penalty assessed as tax ,the penalty described in clause 7i77,,ii7 shall be treated in the same manner as a penalty imposed under subchapter ,b of chapter #fh4 7#c7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to a zero emissions facility are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of construction1 alteration1 or repair work on any facility prior to such facility being placed into service shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable zero emissions facility the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable zero emissions facility the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable zero emissions 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 an applicable zero emissions facility shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 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 contractor or subcontractor prior to a facility being placed into service1 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 7ii ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 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 subsection4 7#e7 ,penalty for direct pay 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#e7 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 ,if the ,secretary1 after consultation with the ,secretary of ,commerce and the ,united ,states ,trade ,representative1 determines that1 for purposes of application of the requirements under paragraph 7#e7 with respect to the construction of the qualified facility-- 7i7 their application would be inconsistent with the public interest1 7ii7 such materials and products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality1 or 7iii7 inclusion of domestic material will increase the cost of the construction of the qualified facility by more than #be percent1 the applicable percentage shall be #ajj percent4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as added and amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#g7 ,the zero emissions facility credit determined under section #dh;,e4 4 7c7 ,conforming amendments 7#a7 ,section #df is amended by striking and at the end of paragraph 7#f71 by striking the period at the end of paragraph 7#g7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#h7 the zero emissions facility credit4 4 7#b7 ,section #di7;a77#a77;,c7 is amended by striking and at the end of clause 7v71 by striking the period at the end of clause 7vi7 and inserting a comma1 and by adding at the end the following new clause3 7vii7 the basis of any eligible property which is part of a zero emissions facility under section #dh;,d4 4 7#c7 ,section #ej7;a77#b77;,e7 is amended by striking or #dh;,d and inserting #dh;,d1 or #dh;,e7b77#b74 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 ,sec4 #dh;,e4 ,zero emissions facility credit4 7d7 ,effective date ,the amendments made by this section shall apply to periods after ,december #ca1 #bjba1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 #acfajg4 ,extension and modification of credit for carbon oxide sequestration 7a7 ,extension ,section #de,q7d77#a7 is amended by striking ,january #a1 #bjbf and inserting ,january #a1 #bjcb4 7b7 ,modification of carbon oxide capture requirements ,section #de,q7d77#b7 is amended to read as follows3 7#b7 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 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 year and not less than #ej percent of the carbon oxide that would otherwise be released into the atmosphere by such facility during such taxable year4 4 7c7 ,determination of applicable dollar amount 7#a7 ,in general ,section #de,q7b77#a7 is amended by redesignating subparagraph 7,b7 as subparagraph 7,c7 and by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 ,special rule for direct air capture facilities ,for any taxable year beginning after ,december #ca1 #bjba1 in the case of any qualified facility described in subsection 7d77#b77;,c71 the applicable dollar amount shall be an amount equal to-- 7i7 for purposes of paragraph 7#c7 of subsection 7a71 an amount equal to the product of #ahj and the inflation adjustment factor for such calendar year determined under section #dc7;b77#c77;,b7 for such calendar year1 determined by substituting #bjbj for #aiij1 and 7ii7 for purposes of paragraph 7#d7 of such subsection1 an amount equal to the product of #acj and the inflation adjustment factor for such calendar year determined under section #dc7;b77#c77;,b7 for such calendar year1 determined by substituting #bjbj for #aiij4 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;,c71 as redesignated by subparagraph 7,a71 is amended by striking subparagraph 7,a7 and inserting subparagraph 7,a7 or 7,b74 7d7 ,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 ,base credit amount and 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 does not satisfy the requirements of paragraph 7#b71 the amount of the credit determined under subsection 7a7 shall be #bj percent of such amount 7determined without regard to this sentence74 7#b7 ,increased credit for certain facilities and carbon capture equipment meeting project requirements 7,a7 ,in general ,in the case of any qualified facility and any carbon capture equipment placed in service at such facility which meets the project requirements of this subparagraph1 subparagraph 7,a7 shall not apply4 7,b7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7i7 ,a qualified facility with a maximum net output of less than #a megawatt4 7ii7 ,a qualified facility or any carbon capture equipment placed in service at such facility which commences construction prior to the date of the enactment of this paragraph4 7iii7 ,a project 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 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 the construction of such facility and carbon capture equipment1 7ii7 the alteration or repair of such facility and carbon capture equipment during the #ab year-period after being placed into service1 or for carbon capture equipment placed in service prior to #bjah1 until the date determined by the ,secretary under subsection 7g71 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 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 and carbon capture equipment 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 an amount equal to the difference between the amount of wages paid to such laborer or mechanic during such period1 and-- 7aa7 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 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 ,penalty assessed as tax ,the penalty described in clause 7i77,,ii7 shall be treated in the same manner as a penalty imposed under subchapter ,b of chapter #fh4 7#d7 ,apprenticeship requirements ,the requirements described in this paragraph with respect to any qualified facility and carbon capture equipment are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of construction1 alteration1 or repair work on any facility and carbon capture equipment prior to such facility being placed into service shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours has the meaning given such term in section #de7;b77#i77;,e77i74 7ii7 ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 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 subsection4 4 7e7 ,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 #ej for each calendar year during such period1 and 7,,ii7 for purposes of paragraph 7#d7 of such subsection1 #ce for each calendar year during such period1 and 1 7,b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 and 7,c7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 ,inflation adjustment ,in the case of any taxable year beginning in a calendar year after #bjbe1 each of the dollar amounts in subparagraph 7,a77i7 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 #bjbd for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,any increase determined under the preceding sentence shall be rounded to the nearest cent4 4 7f7 ,effective dates 7#a7 ,extension ,the amendment made by subsection 7a7 shall apply to facilities the construction of which begins after ,december #ca1 #bjbe4 7#b7 ,other amendments ,the amendments made by subsections 7b71 7c71 7d71 and 7e7 shall apply to taxable years beginning after ,december #ca1 #bjba4 #acfajh4 ,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 ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 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 #acfaji4 ,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 #a4e 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 has not received an allocation under section #de;,j7b71 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 #hj 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 #a4e 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 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 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 ,denial of double benefit ,no credit shall be allowed under section #dh;,e for any power production for which a credit is taken under this section4 7d7 ,wage and apprenticeship requirements 7#a7 ,base credit amount and increased credit amount for qualified nuclear power facilities 7,a7 ,in general ,in the case of any qualified nuclear power facility which does not satisfy the requirements of subparagraph 7,b71 the amount of the credit determined under subsection 7a7 and the #b4e cent amount in subsection 7b77#b77;,a77ii77,,ii77aa7 shall be #bj percent of such amount 7determined without regard to this sentence74 7,b7 ,increased credit for certain facilities meeting project requirements 7i7 ,in general ,in the case of any qualified nuclear power facility which meets the project requirements of this subparagraph1 subparagraph 7,a7 shall not apply4 7ii7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7,i7 ,a project with a maximum net output of less than #a megawatt4 7,,ii7 ,a project which satisfies the requirements of paragraphs 7#b7 and 7#c74 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 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 7i7 ,in general ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a71 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 the amount of wages paid to such laborer or mechanic during such period1 and-- 7,,aa7 the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period1 plus 7,,bb7 interest on the amount determined under item 7aa7 at the underpayment rate established under section #ffba 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 ,penalty assessed as tax ,the penalty described in clause 7i77,,ii7 shall be treated in the same manner as a penalty imposed under subchapter ,b of chapter #fh4 7#c7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to any qualified nuclear power facility are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of alteration or repair work on any qualified nuclear power facility shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours has the meaning given such term in section #de7;b77#i77;,e77i74 7ii7 ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 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 subsection4 7e7 ,termination ,this section shall not apply to taxable years beginning after ,december #ca1 #bjbf4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#cf71 by striking plus at the end1 7,b7 in paragraph 7#cg71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#ch7 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 added by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#h7 ,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 #bjca4 7b7 ,biodiesel mixture credit 7#a7 ,in general ,section #fdbf7;c77#f7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjca4 7#b7 ,fuels not used for taxable purposes ,section #fdbg7;e77#f77;,b7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjca4 7c7 ,alternative fuel credit ,section #fdbf7;d77#e7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjca4 7d7 ,alternative fuel mixture credit ,section #fdbf7;e77#c7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjca4 7e7 ,payments for alternative fuels ,section #fdbg7;e77#f77;,c7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjca4 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 #bjcb4 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 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 section-- 7#a7 ,in general ,the term lifecycle greenhouse gas emissions reduction percentage means1 with respect to any sustainable aviation fuel1 the percentage reduction in lifecycle greenhouse gas emissions achieved by such fuel in comparison with petroleum-based jet fuel as stated in a certification which meets the requirements of paragraphs 7#b74 7#b7 ,certification methodology ,a certification meets the requirements of this paragraph if such certification 7including the methodology and process of such certification7 conforms with all requirements 7including requirements related to traceability and information transmission7 of 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 ,states4 7#c7 ,option to obtain certification from ,secretary ,not later than #bd months after the date of the enactment of this section1 the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall establish procedures pursuant to which taxpayers may obtain a certification which meets the requirements of paragraph 7#b7 from the ,secretary4 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 has entered into an agreement with the ,secretary to provide the ,secretary such 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 #bjca4 4 7b7 ,credit made part of general business credit ,section #ch7;b7 is amended by striking plus at the end of paragraph 7#cg71 by striking the period at the end of paragraph 7#ch7 and inserting 1 plus1 and by inserting after paragraph 7#ch7 the following new paragraph3 7#ci7 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 #bjca4 4 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 #c4jj4 ,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 means-- 7,a7 in the case of any qualified clean hydrogen which is produced through a process that1 as compared to hydrogen produced by steam-methane reforming1 achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than #ge percent1 #bj percent1 7,b7 in the case of any qualified clean hydrogen which is produced through a process that1 as compared to hydrogen produced by steam-methane reforming1 achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than #ge percent and less than #he percent1 #be percent1 7,c7 in the case of any qualified clean hydrogen which is produced through a process that1 as compared to hydrogen produced by steam-methane reforming1 achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than #he percent and less than #ie percent1 #cd percent1 and 7,d7 in the case of any qualified clean hydrogen which is produced through a process that1 as compared to hydrogen produced by steam-methane reforming1 achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than #ie percent1 #ajj percent4 7#c7 ,inflation adjustment ,the #c4jj 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 ,for purposes of this section1 the term lifecycle 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 section1 as related to the full fuel lifecycle through the point of hydrogen production4 7#b7 ,qualified clean hydrogen 7,a7 ,in general ,the term qualified clean hydrogen means hydrogen which is produced through a process that1 as compared to hydrogen produced by steam-methane reforming1 achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than #dj percent4 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 use4 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 7#d7 ,steam-methane reforming ,the term steam-methane reforming means a hydrogen production process in which high-temperature steam is used to produce hydrogen from natural gas 7other than natural gas derived from biomass 7as defined in section #de,k7c77#c7 as in effect on the date of the enactment of this section71 without carbon capture and sequestration4 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 property for which a credit is allowed under section #de,q4 7e7 ,base credit amount and increased credit amount for qualified clean hydrogen production facilities 7#a7 ,in general ,in the case of any qualified clean hydrogen production facility which does not satisfy the requirements of paragraph 7#b77;,b71 the amount of the credit determined under subsection 7a7 shall be #bj percent of such amount 7determined without regard to this sentence74 7#b7 ,increased credit for certain facilities meeting project requirements 7,a7 ,in general ,in the case of any qualified facility which meets the project requirements of this paragraph1 paragraph 7#a7 shall not apply4 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 megawatt4 7ii7 ,a project which commences construction prior to the date of the enactment of this paragraph4 7iii7 ,a project 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 #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 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of section #de7;b77#h77;,b7 shall apply for purposes of this subparagraph4 7#d7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#i7 shall apply for purposes of this paragraph4 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 subsection4 7f7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 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 ,section #fdag7;b71 as added by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#i7 ,the credit for production of clean hydrogen determined under section #de,x4 4 7#c7 ,conforming amendments 7,a7 ,section #ch7;b7 is amended-- 7i7 in paragraph 7#ch71 by striking plus at the end1 7ii7 in paragraph 7#ci71 by striking the period at the end and inserting 1 plus1 and 7iii7 by adding at the end the following new paragraph3 7#dj7 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#d7 ,effective date ,the amendments made by this subsection shall apply to hydrogen placed in service 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,x7d77#c77 to produce qualified clean hydrogen 7as defined in section #de,x7d77#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#h7 ,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 #f 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 #g4e 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 #aj4b percent1 and 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 #cj percent4 7,b7 ,denial of production credit ,no credit shall be allowed under section #de,x for any taxable year with respect to any specified clean hydrogen production 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,x7d77#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,x7d77#b74 7,e7 ,regulations ,the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 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 section shall apply to periods after ,december #ca1 #bjba1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 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 ,increase in credit percentage for qualified energy efficiency improvements ,section #be;,c7a77#a7 is amended by striking #aj percent and inserting #cj percent4 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 ,windows ,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 in the aggregate with respect to all exterior windows and skylights which are not described in subparagraph 7,b71 #bjj1 7,b7 in the aggregate with respect to all exterior windows and skylights which meet the standard for the most efficient certification under applicable ,energy ,star program requirements1 the excess 7if any7 of #fjj over the credit so allowed with respect to all windows and skylights taken into account under subparagraph 7,a74 7#c7 ,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 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 window1 a skylight1 or an exterior door1 applicable ,energy ,star program requirements1 and 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 barrier 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 means 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 7,a7 ,an electric heat pump water heater4 7,b7 ,an electric heat pump4 7,c7 ,a central air conditioner4 7,d7 ,a natural gas1 propane1 or oil water heater4 7,e7 ,a natural gas1 propane1 or oil furnace or hot water boiler4 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 subsections 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 7after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency and not later than #ahj 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 7,a7 ,in general ,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-- 7i7 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 7ii7 label such item with such number in such manner as the ,secretary may provide1 and 7iii7 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,b7 ,consultation with ,,doe and ,,epa ,the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall establish procedures for manufacturers and consumers to meet the requirements for product identification numbers under subparagraph 7,a74 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 ,effective date ,the amendments made by this section shall apply to expenditures made after ,december #ca1 #bjba4 #acfcjc4 ,energy efficient commercial buildings deduction 7a7 ,placed in service requirement ,section #agi;,d7c77#b7 is amended by striking the date that is #b years before the date that construction of such property begins and inserting the date that is #b years before the date such property is placed into service4 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 #b4ej increased 7but not above #e4jj7 by #j4aj 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 ,base credit amount and increased credit amount for certain property 7,a7 ,in general ,in the case of any property which does not satisfy the requirements of subparagraph 7,b71 paragraph 7#c77;,b7 shall be applied by substituting #j4ej for #b4ej1 4#jb for 4#aj1 and #a4jj for #e4jj4 7,b7 ,increased credit for certain property meeting project requirements 7i7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7,i7 ,a project which commences construction prior to the date of the enactment of this paragraph4 7,,ii7 ,a project which commences construction after the date of enactment of this paragraph and satisfies the requirements of paragraphs 7#e7 and 7#f74 7,,iii7 ,a project with respect to which initial construction is completed and building modifications are made as part of a qualified retrofit plan1 and which satisfies 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 ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a7 with respect to any project or any building modifications made as part of a qualified retrofit plan1 rules similar to the rules of section #de7;b77#h77;,b7 shall apply for purposes of this paragraph4 7#f7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to any property are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of construction of a project or building modifications made as part of a qualified retrofit plan shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours has the meaning given such term in section #de7;b77#i77;,e77i74 7ii7 ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 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 any ,indian tribal government 7within the meaning of section #aci;,e71 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 ,secretary1 after consultation with the administrator of the ,environmental ,protection ,agency1 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,b77iii77,i74 7ii7 ,determination of adjustment ,for purposes of clause 7i71 the adjustments described in such clause shall be determined in such manner as the ,secretary1 after consultation with the ,administrator of the ,environmental ,protection ,agency1 may provide4 7,g7 ,other definitions ,for purposes of this paragraph-- 7i7 ,energy usage intensity ,the term energy usage intensity means the site energy usage intensity determined in accordance with such regulations or other guidance as the ,secretary1 after consultation with the ,administrator of the ,environmental ,protection ,agency1 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 ,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#f7 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 which are 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 ,secretary1 after consultation with the ,secretary of ,energy7 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 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 ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a7 with respect to any qualified residence1 rules similar to the rules of section #de7;b77#h77;,b7 shall apply for purposes of this paragraph4 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 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 #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 sum of the credit amounts determined under subsection 7b7 with respect to each new qualified plug-in electric drive motor vehicle placed in service by the taxpayer during the taxable year4 7b7 ,per vehicle dollar limitation 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 capacity1 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 capacity4 7#d7 ,domestic assembly ,in the case of a new qualified plug-in 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 vehicle which satisfies domestic content qualifications1 the amount determined under this paragraph is #ejj4 7c7 ,limitation based on modified adjusted gross income 7#a7 ,in general ,the amount of the credit allowable under subsection 7a7 shall be reduced 7but not below zero7 by #bjj for each #a1jjj 7or fraction thereof7 by which the taxpayer's modified adjusted gross income exceeds 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 ,special rule for determination of modified adjusted gross income ,the modified adjusted gross income of the taxpayer that is taken into account for purposes of paragraph 7#a7 shall be the lesser of-- 7,a7 the modified adjusted gross income for the taxable year in which the credit is claimed1 or 7,b7 the modified adjusted gross income for the immediately preceding taxable year4 7#c7 ,threshold amount ,for purposes of paragraph 7#a71 the term threshold amount means-- 7,a7 #hjj1jjj in the case of a joint return or surviving spouse 7half such amount for married filing separately71 7,b7 #fjj1jjj in the case of a head of household1 and 7,c7 #djj1jjj in any other case4 7d7 ,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 ,sedans ,in the case of a sedan1 #ee1jjj4 7,b7 ,vans ,in the case of a van1 #fd1jjj4 7,c7 ,sport ,utility ,vehicles ,in the case of a sport utility vehicle1 #fi1jjj4 7,d7 ,pickup ,trucks ,in the case of a pickup truck1 #gd1jjj4 7#c7 ,regulations ,for purposes of this subsection1 the ,secretary shall prescribe regulations for determining vehicle classifications using criteria similar to that employed by the ,environmental ,protection ,agency and the ,department of ,energy to determine size and class of vehicles4 7e7 ,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-- 7,i7 in the case of a vehicle placed in service in #bjbb or #bjbc1 not less than #g kilowatt hours1 and 7,,ii7 in the case of a vehicle placed in service after #bjbc1 not less than #aj kilowatt hours1 and 7ii7 is capable of being recharged from an external source of electricity1 7,g7 for which1 in the case of a vehicle placed into service after ,december #ca1 #bjbf1 final assembly is within the ,united ,states1 and 7,h7 is not of a character subject to an allowance for depreciation4 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 seq47 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 subparagraphs 7,d71 7,e71 and 7,f7 of paragraph 7#a7 and paragraph 7#f7 of subsection 7e7 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 7f7 ,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 regulations1 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 7g7 ,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 #aj percent of the cost of the qualified #b- or #c-wheeled plug-in electric vehicle1 or 7,b7 #b1ejj4 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 subparagraphs 7,a71 7,b71 7,c71 7,e71 7,f71 and 7,g7 of subsection 7e77#a7 7determined by substituting #b4e kilowatt hours for #g kilowatt hours in subparagraph 7,f77i77,i7 and by substituting #b4e kilowatt hours for #aj kilowatt hours in subparagraph 7,f77i77,,ii771 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 7h7 ,,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 7i7 ,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#d7 and 7#e7 of section #ba7;h7 shall apply for purposes of this section4 7j7 ,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 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-- 7,a7 are assembled by a manufacturer which utilizes not less than #ej percent domestic content in the component parts for final assembly of such vehicles1 and 7,b7 are powered by battery cells which are manufactured in the ,united ,states 7with suchbattery cells to be included for purposes of the requirement described in subparagraph 7,a771 as certified by the manufacturer1 at such time1 and in such form and manner1 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 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 7k7 ,termination ,no credit shall be allowed under this section with respect to any vehicle acquired after ,december #ca1 #bjca4 4 7b7 ,transfer of credit ,subsection 7f7 of section #cf;,c is amended by adding at the end the following new paragraphs3 7#g7 ,in general ,subject to such regulations or other guidance as the ,secretary determines necessary or appropriate1 if1 with respect to the credit allowed under subsection 7a7 for any taxable year1 the taxpayer elects the application of this subparagraph for such taxable year with respect to such credit1 the eligible entity specified in such election1 and not the taxpayer who has purchased or leased the vehicle1 shall be treated as the taxpayer for purposes of this title with respect to such credit4 7#h7 ,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#aj71 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#g71 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 or lease of such vehicle1 7iii7 all fees associated with the purchase or lease of such vehicle1 and 7iv7 the amount provided by the dealer to such taxpayer as a condition of the election described in paragraph 7#g71 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#g71 and 7ii7 such election shall not limit the value or use of such incentive4 7#i7 ,timing ,an election described in paragraph 7#g7 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#aj7 ,revocation of registration ,upon determination by the ,secretary that a dealer has failed to comply with the requirements described in paragraph 7#h71 the ,secretary may revoke the registration 7as described in subparagraph 7,a7 of such subparagraph7 of such dealer4 7#aa7 ,tax treatment of payments ,with respect to any payment described in paragraph 7#h77;,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#ab7 ,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#h7 shall apply for purposes of this subparagraph4 7#ac7 ,dealer ,for purposes of this paragraph1 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 or an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 to engage in the sale of vehicles4 4 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 purchased or leased 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 #a1bej1 plus 7#b7 in the case of a vehicle which draws propulsion energy from a battery which exceeds #d kilowatt hours of capacity 7determined at the time of sale71 the lesser of-- 7,a7 #a1bej1 and 7,b7 the product of #bjh4ej and such excess kilowatt hours4 7b7 ,limitations 7#a7 ,sale price ,the credit allowed under subsection 7a7 with respect to sale of a vehicle shall not exceed #cj percent of the sale price4 7#b7 ,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 taxpayer's adjusted gross income exceeds-- 7,a7 #aej1jjj in the case of a joint return or a surviving spouse 7as defined in section #b7;a771 7,b7 #aab1ejj in the case of a head of household 7as defined in section #b7;b771 and 7,c7 #ge1jjj in the case of a taxpayer not described in paragraph 7#a7 or 7#b74 7c7 ,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 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 7,d7 registered by the taxpayer for operation in a ,state or possession of the ,united ,states1 and 7,e7 which meets the requirements of subparagraphs 7,c71 7,d71 7,e71 7,f71 and 7,g7 of section #cf;,c7e77#a74 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 7d7 ,,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 7e7 ,application of certain rules ,for purposes of this section1 rules similar to the rules of paragraphs 7#a71 7#b71 7#d71 7#e71 7#f7 and 7#g7 of section #cf;,c7f7 shall apply for purposes of this section4 7f7 ,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 7g7 ,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#d7 and 7#e7 of section #ba7;h7 shall apply for purposes of this section4 7h7 ,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 ,the amount determined under this subsection with respect to any qualified commercial electric vehicle shall be equal to #cj percent of the basis of such vehicle4 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 rating1 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#a71 or 7,b7 is mobile machinery1 as defined in section #djec7h71 7#c7 is primarily propelled by an electric motor which draws electricity from a battery which-- 7,a7 has a capacity of not less than #cj kilowatt hours1 7,b7 is capable of being recharged from an external source of electricity1 7,c7 is not powered or charged by an internal combustion engine1 or 7,d7 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 ,rules similar to the rules under subsection 7f7 of section #cf;,c shall apply for purposes of this section4 7#b7 ,property used by tax-exempt entity ,in the case of a vehicle the use of which is described in paragraph 7#c7 or 7#d7 of section #ej7;b7 and which is not subject to a lease1 the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service1 but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection 7a7 with respect to such vehicle4 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 ,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 7c7 ,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 ,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 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 #bj 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 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 fleets of 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-- 7,a7 by striking ,for purposes of this section1 the term and inserting ,for purposes of this section-- 7#a7 ,in general ,the term 1 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,bidirectional charging equipment ,property shall not fail to be treated as qualified alternative 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 ,base credit amount and increased credit amount 7,a7 ,in general ,in the case of any qualified alternative fuel vehicle refueling property which does not satisfy the requirements of subparagraph 7,b71 the amount of the credit determined under subsection 7a7 shall be #bj percent of such amount 7determined without regard to this sentence74 7,b7 ,increased credit for certain qualified alternative fuel vehicle refueling property meeting project requirements 7i7 ,in general ,in the case of any qualified alternative fuel vehicle refueling property which meets the project requirements of this subparagraph1 subparagraph 7,a7 shall not apply4 7ii7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7,i7 ,a project which commences construction prior to the date of the enactment of this paragraph4 7,,ii7 ,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 property 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 ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a7 with respect to such qualified alternative fuel vehicle refueling property1 rules similar to the rules of section #de7;b77#h77;,b7 shall apply for purposes of this paragraph4 7#c7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to the construction of any qualified alternative fuel vehicle refueling property are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of construction on any project shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours has the meaning given such term in section #de7;b77#i77;,e77i74 7ii7 ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 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 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 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 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 amendment ,section #acb7;f77#a77;,d7 is amended by striking reimbursement and inserting benefit4 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 #ae 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 #e1jjj4 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 ,so much of the credit allowed under subsection 7a7 to any taxpayer for any taxable year as would 7but for this subparagraph7 be treated under subsection 7c77#b7 as a credit allowable under subpart ,c 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 determination of modified adjusted gross income ,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 #h1jjj1 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 allowed 7determined without regard to subsection 7c774 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 vehicle 7determined without regard to subsection 7c774 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 regulations1 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#d7 and 7#e7 of section #ba7;h7 shall apply for purposes of this section4 7g7 ,termination ,this section shall not apply to bicycles placed in service after ,december #ca1 #bjca4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b7 is amended by striking plus at the end of paragraph 7#ci71 by striking the period at the end of paragraph 7#dj7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#da7 the portion of the electric bicycles credit to which section #cf;,e7c77#a7 applies4 4 7#b7 ,section #ajaf7;a7 is amended by striking and at the end of paragraph 7#cg71 by striking the period at the end of paragraph 7#ch7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#ci7 to the extent provided in section #cf;,e7f77#a74 4 7#c7 ,section #fbaa7;b77#d77;,a7 of such ,code is amended by inserting #cf;,e by reason of subsection 7c77#b7 thereof1 before #cb14 7#d7 ,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;,e7e7 7relating to electric bicycles credit7 to be included on a return4 4 7#e7 ,section #feja7m7 is amended by inserting #cf;,e7f77#d71 after #ce7;g77#aa714 7#f7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,e1 after #cf;,b14 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 the date of the enactment of this ,act1 in taxable years ending after such date4 #e ,investment in the ,green ,workforce #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 #ahj days after the date of enactment of this subsection1 the ,secretary1 after consultation with the ,secretary of ,energy1 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 #b1ejj1jjj1jjj for each of calendar years #bjbb through #bjca1 and zero thereafter4 7ii7 ,amount set aside for automotive communities 7,i7 ,in general ,for purposes of clause 7i71 #djj1jjj1jjj of the annual credit limitation for each of calendar years #bjbb 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 ,secretary after consultation with the ,secretary of ,energy and ,secretary of ,labor4 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 ,secretary1 after consultation with the ,secretary of ,energy1 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 ,secretary after consultation with the ,administrator of the ,environmental ,protection ,agency1 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 ,no credit shall be allocated for a project under this subsection unless the project meets the prevailing wage requirements of paragraph 7#g7 and the apprenticeship requirements of paragraph 7#h74 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 an industrial or 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 7i7 ,in general ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a7 with respect to any project-- 7,i7 rules similar to the rules of section #de7;b77#h77;,b7 shall apply for purposes of this paragraph1 and 7,,ii7 if the failure to satisfy the requirement under subparagraph 7,a7 is not corrected pursuant to the rules described in subclause 7,i71 the certification with respect to the re-equipping1 expansion1 or establishment of an industrial or manufacturing facility shall no longer be valid4 7#h7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to a project are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,all contractors and subcontractors engaged in the performance of construction1 alteration1 or repair work on any project shall1 subject to subparagraph 7,b71 ensure that not less than the applicable percentage of the total labor hours of such work be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of paragraph 7#a71 the applicable percentage shall be-- 7,i7 in the case of any applicable project the construction of which begins before ,january #a1 #bjbc1 #e percent1 7,,ii7 in the case of any applicable project the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #aj percent1 and 7,,iii7 in the case of any applicable project 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 an applicable project shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,notwithstanding any other provision of this paragraph1 this paragraph shall not apply in the case of a taxpayer who-- 7,i7 demonstrates a lack of availability of qualified apprentices in the geographic area of the construction1 alteration1 or repair work1 and 7,,ii7 makes a good faith effort to comply with the requirements of this paragraph4 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 an applicable project if such taxpayer has requested qualified apprentices from a registered apprenticeship program1 as defined in section #caca7;e77#c77;,b71 and 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 applicable project to comply with the established standards and requirements of such apprenticeship program4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours has the meaning given such term in section #de7;b77#i77;,e77i74 7ii7 ,qualified apprentice ,the term qualified apprentice has the meaning given such term in section #de7;b77#i77;,e77ii74 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 and fuel cell vehicles ,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 section #cf;,c1 #de,y1 and #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 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #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 #aj 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 ,termination ,this section shall not apply to mechanical insulation labor costs paid or incurred after ,december #ca1 #bjca4 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#dj71 by striking the period at the end of paragraph 7#da7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#db7 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 #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;,e the following new section3 #cf;,f4 ,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 ,secretary1 after consultation with the ,secretary of ,energy1 the ,secretary of ,education1 the ,secretary of ,health and ,human ,services1 and the ,administrator of the ,environmental ,protection ,agency1 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 7b7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d77;,a71 as amended by the preceding provisions of this ,act1 is amended by inserting #cf;,f1 after #cf;,d14 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;,f1 after #cf;,d14 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;,e the following new item3 ,sec4 #cf;,f4 ,qualified environmental justice programs4 4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #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 ,december #ca1 #bjba4 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 ,january #a1 #bjbb4 #h ,appropriations #acfhja4 ,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 #c1hca1jjj1jjj 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 ,h ,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 ,treatment of joint returns ,section #bd7;j7 is amended by adding at the end the following new paragraph3 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 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 ,effective date ,the amendments made by this section shall apply to taxable years beginning1 and payments made1 after ,december #ca1 #bjbj4 #acgajb4 ,extension and modification of child tax credit and advance payment for #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 7#c7 ,extension of advance payment ,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 7b7 ,repeal of social security number requirement ,section #bd7;h7 is amended by striking paragraph 7#g74 7c7 ,application of income phaseout on basis of income for preceding taxable year ,section #bd7;i7 is amended by adding at the end the following new paragraph3 7#e7 ,application of income phaseout on basis of income for prior taxable year ,if the taxpayer's modified adjusted gross income 7as defined in subsection 7b77 for the taxable year for which the credit allowed under this section is determined is greater than such taxpayer's modified adjusted gross income 7as so defined7 for the preceding taxable year1 paragraph 7#d7 and subsection 7b77#a7 shall both be applied with respect to such taxpayer's modified adjusted gross income 7as so defined7 for the preceding taxable year4 4 7d7 ,inflation adjustment ,section #bd7;i71 as amended by subsection 7c71 is amended by adding at the end the following new paragraph3 7#f7 ,inflation adjustments 7,a7 ,in general ,in the case of any taxable year beginning after ,december #ca1 #bjba1 the #ejj amount in subsection 7h77#d77;,a71 the #c1jjj and #c1fjj amounts in paragraph 7#c7 and subsection 7j77#b77;,b77iv71 and the dollar amounts in paragraph 7#d77;,b71 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the percentage 7if any7 by which-- 7,i7 the ,,cpi 7as defined in section #a7;f77#d77 for the calendar year preceding the calendar year in which such taxable year begins1 exceeds 7,,ii7 the ,,cpi 7as so defined7 for calendar year #bjbj4 7,b7 ,rounding 7i7 #ejj amount ,in the case of the #ejj amount in subsection 7h77#d77;,a71 any increase under subparagraph 7,a7 which is not a multiple of #aj shall be rounded to the nearest multiple of #aj4 7ii7 #c1jjj and #c1fjj amounts ,in the case of the #c1jjj and #c1fjj amounts in paragraph 7#c7 and subsection 7j77#b77;,b77iv71 any increase under subparagraph 7,a7 which is not a multiple of #ajj shall be rounded to the nearest multiple of #ajj4 7iii7 ,applicable threshold amounts ,in the case of the dollar amounts in paragraph 7#d77;,b71 any increase under subparagraph 7,a7 which is not a multiple of #e1jjj shall be rounded to the nearest multiple of #e1jjj4 4 7e7 ,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 aggregate of #c1jjj 7#c1fjj in the case of a qualifying child who has not attained age #f as of the close of the calendar year in which the taxable year of the taxpayer begins7 with respect to each qualifying child who is-- 7,i7 taken into account in determining the annual advance amount with respect to such taxpayer under section #gebg;,a with respect to months beginning in such taxable year1 and 7,,ii7 not taken into account in determining the credit allowed to such taxpayer under this section for such taxable year4 4 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning1 and payments made1 after ,december #ca1 #bjba4 #acgajc4 ,establishment of monthly child tax credit with advance payment through #bjbe 7a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #bd the following new sections3 #bd;,a4 ,monthly child tax credit 7a7 ,allowance of credit ,there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the sum of the monthly specified child allowances determined with respect to the taxpayer under subsection 7b7 for each calendar month during such taxable year4 7b7 ,monthly specified child allowance 7#a7 ,in general ,for purposes of this section1 the term monthly specified child allowance means1 with respect to any taxpayer for any calendar month1 the sum of-- 7,a7 #cjj with respect to each specified child of such taxpayer who will not1 as of the close of the taxable year which includes such month1 have attained age #f1 plus 7,b7 #bej with respect to each specified child of such taxpayer who will1 as of the close of the taxable year which includes such month1 have attained age #f4 7#b7 ,limitations based on modified adjusted gross income 7,a7 ,initial reduction ,the monthly specified child allowance otherwise determined under paragraph 7#a7 with respect to any taxpayer for any calendar month shall be reduced 7but not below zero7 by #a_/ab of #e percent of the excess 7if any7 of the taxpayer's modified adjusted gross income for the applicable taxable year over the initial threshold amount in effect for such applicable taxable year4 7,b7 ,limitation on initial reduction ,the amount of the reduction under subparagraph 7,a7 shall not exceed the lesser of-- 7i7 the excess 7if any7 of-- 7,i7 the monthly specified child allowance with respect to the taxpayer for the calendar month 7determined without regard to this paragraph71 over 7,,ii7 the amount which would be determined under subclause 7,i7 if the dollar amounts in effect under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 were each equal to #aff4fg1 or 7ii7 #a_/ab of #e percent of the excess of the secondary threshold amount over the initial threshold amount4 7,c7 ,secondary reduction ,the monthly specified child allowance otherwise determined under paragraph 7#a7 with respect to any taxpayer for any calendar month 7determined after the application of subparagraphs 7,a7 and 7,b77 shall be reduced 7but not below zero7 by #a_/ab of #e percent of the excess 7if any7 of the taxpayer's modified adjusted gross income for the applicable taxable year over the secondary threshold amount4 7,d7 ,definitions related to limitations based on modified adjusted gross income ,for purposes of this paragraph-- 7i7 ,initial threshold amount ,the term initial threshold amount means-- 7,i7 #aej1jjj1 in the case of a joint return or surviving spouse 7as defined in section #b7;a771 7,,ii7 #a_/b the dollar amount in effect under subclause 7,i71 in the case of a married individual filing a separate return1 and 7,,iii7 #aab1ejj1 in any other case4 7iii7 ,secondary threshold amount ,the term secondary threshold amount means-- 7,i7 #djj1jjj1 in the case of a joint return or surviving spouse 7as defined in section #b7;a771 7,,ii7 #cjj1jjj1 in the case of a head of household 7as defined in section #b7;b771 and 7,,iii7 #bjj1jjj1 in any other case4 7iv7 ,applicable taxable year ,the term applicable taxable year means1 with respect to any taxpayer1 the relevant taxable year with respect to which the taxpayer has the lowest modified adjusted gross income4 ,for purposes of the preceding sentence1 the term relevant taxable year means the taxable year for which the credit allowed under this section is determined and each of the #b immediately preceding taxable years4 7v7 ,modified adjusted gross income ,the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7c7 ,specified child ,for purposes of this section-- 7#a7 ,in general ,the term specified child means1 with respect to any taxpayer for any calendar month1 an individual-- 7,a7 who has the same principal place of abode as the taxpayer for more than one-half of such month1 7,b7 who is younger than the taxpayer and will not1 as of the close of the calendar year which includes such month1 have attained age #ah1 7,c7 who receives care from the taxpayer during such month that is not compensated1 7,d7 who is not the spouse of the taxpayer at any time during such month1 7,e7 who is not a taxpayer with respect to whom any individual is a specified child for such month1 and 7,f7 who either-- 7i7 is a citizen1 national1 or resident of the ,united ,states1 or 7ii7 if the taxpayer is a citizen or national of the ,united ,states1 such individual is described in section #aeb7;f77#a77;,b7 with respect to such taxpayer4 7#b7 ,care from the taxpayer 7,a7 ,in general ,except as otherwise provided by the ,secretary1 whether any individual receives care from the taxpayer 7within the meaning of paragraph 7#a77;,c77 shall be determined on the basis of facts and circumstances with respect to the following factors3 7i7 ,the supervision provided by the taxpayer regarding the daily activities and needs of the individual4 7ii7 ,the maintenance by the taxpayer of a secure environment at which the individual resides4 7iii7 ,the provision or arrangement by the taxpayer of1 and transportation by the taxpayer to1 medical care at regular intervals and as required for the individual4 7iv7 ,the involvement by the taxpayer in1 and financial and other support by the taxpayer for1 educational or similar activities of the individual4 7v7 ,any other factor that the ,secretary determines to be appropriate to determine whether the individual receives care from the taxpayer4 7,b7 ,determination of whether care is compensated ,for purposes of determining if care is compensated within the meaning of paragraph 7#a77;,c71 compensation from the ,federal ,government1 a ,state or local government1 a ,tribal government1 or any possession of the ,united ,states shall not be taken into account4 7#c7 ,application of tie-breaker rules 7,a7 ,in general ,except as provided in subparagraph 7,d71 if any individual would 7but for this paragraph7 be a specified child of #b or more taxpayers for any month1 such individual shall be treated as the specified child only of the taxpayer who is-- 7i7 the parent of the individual 7or1 if such individual would 7but for this paragraph7 be a specified child of #b or more parents of the individual for such month1 the parent of the individual determined under subparagraph 7,b771 7ii7 if the individual is not a specified child of any parent of the individual 7determined without regard to this paragraph71 the specified relative of the individual with the highest adjusted gross income for the taxable year which includes such month1 or 7iii7 if the individual is neither a specified child of any parent of the individual nor a specified child of any specified relative of the individual 7in both cases determined without regard to this paragraph71 the taxpayer with the highest adjusted gross income for the taxable year which includes such month4 7,b7 ,tie-breaker among parents ,if any individual would 7but for this paragraph7 be the specified child of #b or more parents of the individual for any month1 such child shall be treated only as the specified child of-- 7i7 the parent with whom the child resided for the longest period of time during such month1 or 7ii7 if the child resides with both parents for the same amount of time during such month1 the parent with the highest adjusted gross income for the taxable year which includes such month4 7,c7 ,specified relative ,for purposes of this paragraph1 the term specified relative means an individual who is-- 7i7 an ancestor of a parent of the specified child1 7ii7 a brother or sister of a parent of the specified child1 or 7iii7 a brother1 sister1 stepbrother1 or stepsister of the specified child4 7,d7 ,certain parents or specified relatives not taken into account ,this paragraph shall be applied without regard to any parent or specified relative of an individual for any month if-- 7i7 such parent or specified relative elects to have such individual not be treated as a specified child of such parent or specified relative for such month1 7ii7 in the case of a parent of such individual1 the adjusted gross income of the taxpayer 7with respect to whom such individual would be treated as a specified child after application of this subparagraph7 for the taxable year which includes such month is higher than the highest adjusted gross income of any parent of the individual for any taxable year which includes such month 7determined without regard to any parent with respect to whom such individual is not a specified child1 determined without regard to subparagraphs 7,a7 and 7,b7 and after application of this subparagraph71 and 7iii7 in the case of a specified relative of such individual1 the adjusted gross income of the taxpayer 7with respect to whom such individual would be treated as a specified child after application of this subparagraph7 for the taxable year which includes such month is higher than the highest adjusted gross income of any parent and any specified relative of the individual for any taxable year which includes such month 7determined without regard to any parent and any specified relative with respect to whom such individual is not a specified child1 determined without regard to subparagraphs 7,a7 and 7,b7 and after application of this subparagraph74 7,e7 ,treatment of joint returns ,for purposes of this paragraph1 with respect to any month1 #b individuals filing a joint return for the taxable year which includes such month shall be treated as #a individual4 7,f7 ,parent ,except as otherwise provided by the ,secretary1 the term parent shall have the same meaning as when used in section #aeb7;c77#d74 7#d7 ,special rules with respect to birth and death 7,a7 ,birth 7i7 ,in general ,in the case of the birth of an individual during any calendar year1 such individual shall be treated as a specified child of the relevant taxpayer for each calendar month in such calendar year which precedes the calendar month referred to in clause 7ii74 7ii7 ,relevant taxpayer ,for purposes of clause 7i71 the term relevant taxpayer means the taxpayer with respect to whom the individual referred to in clause 7i7 is a specified child for the first month for which such individual is a specified child with respect to any taxpayer 7determined without regard to this subparagraph74 7,b7 ,death 7i7 ,in general ,in the case of the death of an individual during any calendar year1 such individual shall be treated as a specified child of the relevant taxpayer for each calendar month in such calendar year which follows the calendar month referred to in clause 7ii74 7ii7 ,relevant taxpayer ,for purposes of clause 7i71 the term relevant taxpayer means the taxpayer with respect to whom the individual referred to in clause 7i7 is a specified child for the last month for which such individual is alive4 7#e7 ,treatment of temporary absences ,for purposes of this subsection-- 7,a7 ,in general ,in the case of any individual's temporary absence from such individual's principal place of abode1 each day composing the temporary absence shall-- 7i7 be treated as a day at such individual's principal place of abode1 and 7ii7 not be treated as a day at any other location4 7,b7 ,temporary absence ,for purposes of subparagraph 7,a71 an absence shall be treated as temporary if-- 7i7 the individual would have resided at the place of abode but for the absence1 and 7ii7 under the facts and circumstances1 it is reasonable to assume that the individual will return to reside at the place of abode4 7#f7 ,special rule for divorced parents1 etc ,rules similar to the rules section #aeb7;e7 shall apply for purposes of this subsection4 7#g7 ,eligibilty determined on basis of presumptive eligibility 7,a7 ,in general ,if a period of presumptive eligibility is established under section #gebg;,b7c7 for any individual with respect to any taxpayer-- 7i7 such individual shall be treated as the specified child of such taxpayer for any month in such period of presumptive eligibility1 and 7ii7 such individual shall not be treated as the specified child of any other taxpayer with respect to whom a period of presumptive eligibility has not been established for any such month4 7,b7 ,ability of credit claimants to establish presumptive eligibility ,nothing in section #gebg;,b7c7 shall be interpreted to preclude a taxpayer who elects not to receive monthly advance child payments under section #gebg;,b from establishing a period of presumptive eligibility 7including any such period described in section #gebg;,b7c77#b77;,d77 with respect to any specified child for purposes of this section4 7d7 ,portion of credit refundable ,if the taxpayer 7in the case of a joint return1 either spouse7 has a principal place of abode 7determined as provided in section #cb7 in the ,united ,states or ,puerto ,rico for more than one-half of any calendar month during the taxable year1 so much of the credit otherwise allowed under subsection 7a7 as is attributable to monthly specified child allowances with respect to any such calendar month shall be allowed under subpart ,c 7and not allowed under this subpart74 7e7 ,identification requirements ,rules similar to the rules of section #bd7;e7 shall apply for purposes of this section4 7f7 ,restrictions on taxpayers who improperly claimed credit or improperly received monthly advance child payment 7#a7 ,taxpayers making prior fraudulent or reckless claims 7,a7 ,in general ,no credit shall be allowed under this section for any taxable year 7and no payment shall be made under section #gebg;,b for any month7 in the disallowance period4 7,b7 ,disallowance period ,for purposes of subparagraph 7,a71 the disallowance period is-- 7i7 the period of #aj taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section or section #bd 7or payment under section #gebg;,a or #gebg;,b7 was due to fraud1 7ii7 the period of #b taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section or section #bd 7or payment under section #gebg;,a or #gebg;,b7 was due to reckless or intentional disregard of rules and regulations 7but not due to fraud71 and 7iii7 in addition to any period determined under clause 7i7 or 7ii7 7as the case may be71 the period beginning on the date of the final determination described in such clause and ending with the beginning of the period described in such clause4 7#b7 ,taxpayers making improper prior claims ,in the case of a taxpayer who is denied credit under this section or section #bd for any taxable year as a result of the deficiency procedures under subchapter ,b of chapter #fc1 no credit shall be allowed under this section for any subsequent taxable year 7and no payment shall be made under section #gebg;,b for any subsequent month7 unless the taxpayer provides such information as the ,secretary may require to demonstrate eligibility for such credit4 7#c7 ,coordination with possessions of the ,united ,states ,in carrying out this section1 the ,secretary shall coordinate with each possession of the ,united ,states to prevent the avoidance of the application of this subsection4 7g7 ,reconciliation of credit and monthly advance child payments 7#a7 ,in general ,the amount otherwise determined under subsection 7a7 with respect to any taxpayer for any taxable year shall be reduced 7but not below zero7 by the aggregate amount of payments made under section #gebg;,b to such taxpayer for one or more calendar months in such taxable year4 ,any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section #fbac7;b77#a74 7#b7 ,recapture of excess advance payments in certain circumstances ,in the case of a taxpayer described in paragraph 7#c7 for any taxable year1 the tax imposed by this chapter for such taxable year shall be increased by the excess 7if any7 of-- 7,a7 the aggregate amount of payments made to the taxpayer under section #gebg;,b for one or more calendar months in such taxable year1 over 7,b7 the amount determined under subsection 7a7 with respect to the taxpayer for such taxable year 7without regard to paragraph 7#a7 of this subsection74 7#c7 ,taxpayers subject to recapture 7,a7 ,fraud or reckless or intentional disregard of rules and regulations ,a taxpayer is described in this paragraph with respect to any taxable year if the ,secretary determines that the amount described in paragraph 7#b77;,a7 with respect to the taxpayer for such taxable year was determined on the basis of fraud or a reckless or intentional disregard of rules and regulations4 7,b7 ,understatement of income2 changes in filing status ,if the amount described in paragraph 7#b77;,a7 with respect to the taxpayer for the taxable year was determined on the basis of an amount of the taxpayer's modified adjusted gross income which was less than the taxpayer's modified adjusted gross income for the applicable taxable year 7as defined in subsection 7b77-- 7i7 such taxpayer shall be treated as described in this paragraph1 and 7ii7 the increase determined under paragraph 7#b7 by reason of this subparagraph shall not exceed the excess of-- 7,i7 the amount described in paragraph 7#b77;,a71 over 7,,ii7 the amount which would be so described if the payments described therein had been determined on the basis of the taxpayer's modified adjusted gross income for the applicable taxable year 7as defined in subsection 7b774 ,a rule similar to the rule of the preceding sentence shall apply if the amount described in paragraph 7#b77;,a7 with respect to the taxpayer for the taxable year was determined on the basis of a filing status of the taxpayer which differs from the taxpayer's filing status for the applicable taxable year 7as so defined74 7,c7 ,payments made outside of period of presumptive eligibility ,if any payment described in paragraph 7#b77;,a7 with respect to the taxpayer for the taxable year was made with respect to a child for a month which was not part of a period of presumptive eligibility established under section #gebg;,b7c7 for such child with respect to such taxpayer-- 7i7 such taxpayer shall be treated as described in this paragraph1 and 7ii7 the increase determined under paragraph 7#b7 by reason of this subparagraph shall not exceed the portion of such payment so made4 7,d7 ,certain payments made after notice from ,secretary ,if the ,secretary notifies a taxpayer under section #gebg;,b7j77#b7 that such taxpayer is subject to recapture with respect to any payments-- 7i7 such taxpayer shall be treated as described in this paragraph1 and 7ii7 the increase determined under paragraph 7#b7 by reason of this subparagraph shall not exceed the aggregate amount of such payments4 7,e7 ,taxpayers moving to another jurisdiction ,to minimize the amount of advance payments made under section #gebg;,b to ineligible individuals1 the ,secretary shall issue regulations or other guidance for purposes of this paragraph which apply with respect to taxpayers who are described in section #gebg;,b7b77#d7 with respect to the reference month but are not so described with respect to one or more months during the taxable year for which advance payments under section #gebg;,b are made4 7,f7 ,other circumstances to prevent abuse ,a taxpayer is described in this paragraph with respect to any taxable year pursuant to regulations or other guidance of the ,secretary describing other recapture circumstances to facilitate the administration and enforcement by the ,secretary of section #gebg;,b to minimize the amount of advance payments made under section #gebg;,b to ineligible individuals and to prevent abuse4 7#d7 ,joint returns ,except as otherwise provided by the ,secretary1 in the case of an advance payment made under section #gebg;,b with respect to a joint return1 half of such payment shall be treated as having been made to each individual filing such return4 7h7 ,inflation adjustments 7#a7 ,monthly specified child allowance 7,a7 ,in general ,in the case of any month beginning after ,december #ca1 #bjbb1 each of the dollar amounts in subsection 7b77#a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the percentage 7if any7 by which-- 7,i7 the ,,cpi 7as defined in section #a7;f77#d77 for the calendar year preceding the calendar year in which such month begins1 exceeds 7,,ii7 the ,,cpi 7as so defined7 for calendar year #bjbj4 7,b7 ,rounding ,any increase under subparagraph 7,a7 which is not a multiple of #aj shall be rounded to the nearest multiple of #aj4 7#b7 ,initial threshold amount 7,a7 ,in general ,in the case of any taxable year beginning after ,december #ca1 #bjbb1 the dollar amounts in subclauses 7,i7 and 7,,iii7 of subsection 7b77#b77;,d77i7 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the percentage 7if any7 by which-- 7,i7 the ,,cpi 7as defined in section #a7;f77#d77 for the calendar year preceding the calendar year in which such taxable year begins1 exceeds 7,,ii7 the ,,cpi 7as so defined7 for calendar year #bjbj4 7,b7 ,rounding ,any increase under subparagraph 7,a7 which is not a multiple of #e1jjj shall be rounded to the nearest multiple of #e1jjj4 7i7 ,application of credit in possessions 7#a7 ,mirror code possessions 7,a7 ,in general ,the ,secretary shall pay to each possession of the ,united ,states with a mirror code tax system amounts equal to the loss 7if any7 to that possession by reason of the application of this section 7determined without regard to this subsection7 with respect to taxable years beginning after #bjbb and before #bjbf4 ,such amounts shall be determined by the ,secretary based on information provided by the government of the respective possession4 7,b7 ,coordination with credit allowed against ,united ,states income taxes ,no credit shall be allowed under this section for any taxable year to any individual to whom a credit is allowable against taxes imposed by a possession of the ,united ,states with a mirror code tax system by reason of the application of this section in such possession for such taxable year4 7,c7 ,mirror code tax system ,for purposes of this paragraph1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the ,united ,states as if such possession were the ,united ,states4 7#b7 ,cross references related to application of credit to residents of ,puerto ,rico 7,a7 ,for application of refundable credit to residents of ,puerto ,rico1 see subsection 7d74 7,b7 ,for application of advance payment to residents of ,puerto ,rico1 see section #gebg;,b7b77#d74 7#c7 ,american ,samoa 7,a7 ,in general ,the ,secretary shall pay to ,american ,samoa amounts estimated by the ,secretary as being equal to the aggregate benefits that would have been provided to residents of ,american ,samoa by reason of the application of this section for taxable years beginning after #bjbb and before #bjbf if the provisions of this section had been in effect in ,american ,samoa 7applied as if ,american ,samoa were the ,united ,states and without regard to the application of this section to residents of ,puerto ,rico under subsection 7d774 7,b7 ,distribution requirement ,subparagraph 7,a7 shall not apply unless ,american ,samoa has a plan1 which has been approved by the ,secretary1 under which ,american ,samoa will promptly distribute such payments to its residents4 7,c7 ,coordination with credit allowed against ,united ,states income taxes 7i7 ,in general ,in the case of a taxable year with respect to which a plan is approved under subparagraph 7,b71 this section 7other than this subsection7 shall not apply to any individual eligible for a distribution under such plan4 7ii7 ,application of section in event of absence of approved plan ,in the case of a taxable year with respect to which a plan is not approved under subparagraph 7,b71 subsection 7d7 shall be applied by substituting 1 ,puerto ,rico1 or ,american ,samoa for or ,puerto ,rico4 7#d7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7j7 ,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-- 7#a7 for determining whether an individual receives care from a taxpayer for purposes of subsection 7c77#a71 and 7#b7 to coordinate or modify the application of this section and section #bd1 #gebg;,a1 and #gebg;,b in the case of any taxpayer-- 7,a7 whose taxable year is other than a calendar year1 7,b7 whose filing status for a taxable year is different from the status used for determining one or more monthly payments under section #gebg;,b during such taxable year1 or 7,c7 whose principal place of abode for any month is different from the principal place of abode used for determining the monthly payment under section #gebg;,b for such month4 7k7 ,termination ,this section shall not apply to taxable years beginning after ,december #ca1 #bjbe4 #bd;,b4 ,credit for certain other dependents 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 #ejj with respect to each specified dependent of such taxpayer for such taxable year4 7b7 ,limitation based on modified adjusted gross income 7#a7 ,in general ,the amount of the credit allowable under subsection 7a7 shall be reduced 7but not below zero7 by #ej for each #a1jjj 7or fraction thereof7 by which the taxpayer's modified adjusted gross income exceeds the threshold amount4 7#b7 ,threshold amount ,for purposes of this subsection1 the term threshold amount means-- 7,a7 #djj1jjj1 in the case of a joint return or surviving spouse 7as defined in section #b7;a771 7,b7 #cjj1jjj1 in the case of a head of household 7as defined in section #b7;b771 and 7,c7 #bjj1jjj1 in any other case4 7#c7 ,modified adjusted gross income ,for purposes of this subsection1 the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7c7 ,specified dependent ,for purposes of this section1 the term specified dependent means1 with respect to any taxpayer for any taxable year1 any dependent of such taxpayer for such taxable year unless such dependent-- 7#a7 is a specified child of the taxpayer1 or any other taxpayer1 for any month during such taxable year1 or 7#b7 would not be a dependent if subparagraph 7,a7 of section #aeb7;b77#c7 were applied without regard to all that follows resident of the ,united ,states4 7d7 ,identification requirements ,rules similar to the rules of section #bd7;e7 shall apply for purposes of this section4 7e7 ,taxable year must be full taxable year ,except in the case of a taxable year closed by reason of the death of the taxpayer1 no credit shall be allowable under this section in the case of a taxable year covering a period of less than #ab months4 7f7 ,inflation adjustment 7#a7 ,in general ,in the case of any taxable year beginning after ,december #ca1 #bjbb1 the #ejj amount in subsection 7a7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the percentage 7if any7 by which-- 7i7 the ,,cpi 7as defined in section #a7;f77#d77 for the calendar year preceding the calendar year in which such taxable year begins1 exceeds 7ii7 the ,,cpi 7as so defined7 for calendar year #bjbj4 7#b7 ,rounding ,if the increase determined under paragraph 7#a7 is not a multiple of #aj1 such increase shall be rounded to the nearest multiple of #aj4 7g7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this section4 7h7 ,termination ,this section shall not apply to taxable years beginning after ,december #ca1 #bjbe4 4 7b7 ,monthly payment of child tax credit ,chapter #gg is amended by inserting after section #gebg;,a the following new section3 #gebg;,b4 ,monthly payments of child tax credit 7a7 ,in general ,the ,secretary shall establish a program for making payments to taxpayers with respect to each calendar month equal to the monthly advance child payment determined with respect to such taxpayer for such month4 7b7 ,monthly advance child payment ,for purposes of this section and except as otherwise provided in this section1 the term monthly advance child payment means1 with respect to any taxpayer for any calendar month1 the amount 7if any7 which is estimated by the ,secretary as being equal to the monthly specified child allowance which would be determined under section #bd;,a7b7 with respect to such taxpayer for such calendar month if-- 7#a7 unless determined by the ,secretary based on any information known to the ,secretary1 the only specified children of such taxpayer for such calendar month are the specified children of such taxpayer for the reference month1 7#b7 unless determined by the ,secretary based on any information known to the ,secretary1 the ages of such children 7and the status of such children as specified children7 are determined for such calendar month by taking into account the passage of time since such reference month1 7#c7 the limitations of section #bd;,a7b77#b7 were applied with respect to the reference taxable year rather than with respect to the applicable taxable year1 and 7#d7 unless determined by the ,secretary based on any information known to the ,secretary1 no monthly specified child allowance were determined with respect to such taxpayer for such calendar month unless the taxpayer 7in the case of a joint return1 either spouse7 has a principal place of abode 7determined as provided in section #cb7 in the ,united ,states or ,puerto ,rico for more than one-half of the reference month4 7c7 ,presumptive eligibility 7#a7 ,in general ,an individual shall be treated as a specified child of a taxpayer for purposes of determining any monthly advance child payment under this section only if such month is part of the period of presumptive eligibility determined by the ,secretary under this subsection with respect to such specified child and such taxpayer 7determined by treating the month described in subclause 7,i7 of paragraph 7#b77;,a77ii7 as being the first month beginning after the determination described in such subclause74 7#b7 ,period of presumptive eligibility ,for purposes of this section-- 7,a7 ,in general ,except as otherwise provided by the ,secretary1 the term period of presumptive eligibility means the period-- 7i7 beginning with the month for which presumptive eligibility is established1 and 7ii7 ending with the earliest of-- 7,i7 the beginning of the month described in clause 7i7 if the ,secretary determines that the taxpayer committed fraud or intentionally disregarded rules or regulations in establishing or maintaining presumptive eligibility1 7,,ii7 in the case of any notification from the ,secretary that the period of presumptive eligibility has been terminated or suspended by reason of any question regarding eligibility of the taxpayer for monthly advance child payments with respect to such child1 the month specified in such notice as the month on which such termination or suspension begins1 and 7,,iii7 the month following any failure of the taxpayer to make the required annual renewal of presumptive eligibility by such date as the ,secretary may provide4 7,b7 ,establishing presumptive eligibility ,a taxpayer shall establish presumptive eligibility with respect to any specified child for any month at such time and in such manner as the ,secretary may provide4 ,except as otherwise provided by the ,secretary1 in order to establish a period of presumptive eligibility the taxpayer must express a reasonable expectation and intent that the taxpayer will continue to be eligible with respect to such specified child for at least the two months following the month for which presumptive eligibility is to be established4 7,c7 ,method of establishing presumptive eligibility ,the ,secretary shall ensure information to establish presumptive eligibility under this paragraph may be provided on the return of tax for the taxable year ending before the calendar year which includes the month for which such eligibility is to be established1 through the on-line portal described in subsection 7c71 or in such other manner as the ,secretary may provide4 7,d7 ,inclusion of automatic grace periods and periods of hardship ,the period of presumptive eligibility shall include any period to which paragraph 7#a7 or 7#b7 of subsection 7g7 applies4 7,e7 ,automatic eligibility for birth of child ,the ,secretary shall issue regulations or other guidance to establish procedures pursuant to which1 to the maximum extent administratively practicable-- 7i7 a parent of a child born during a calendar month shall be treated as automatically establishing presumptive eligibility with respect to such child1 7ii7 the period of such automatic presumptive eligibility is determined1 and 7iii7 the first monthly advance child payment with respect to such child is adjusted to properly take into account each month in the taxable year preceding such birth4 7,f7 ,presumptive eligibility based on certain government programs ,the ,secretary shall issue regulations or other guidance to establish procedures under which-- 7i7 based on information provided to the ,secretary by one or more government entities1 a parent or specified relative of a child is treated as automatically establishing presumptive eligibility with respect to such child1 and 7ii7 the period for which such automatic presumptive eligibility is determined 7including any additional circumstances under which such period will terminate74 7,g7 ,coordination with presumption ,for purposes of determining the status of any individual as a specified child for purposes of determining presumptive eligibility with respect to any period1 section #bd;,a7c7 shall be applied without regard to paragraph 7#g7 thereof4 7#c7 ,notice of termination of presumptive eligibility by reason of failure to make annual renewal ,if a taxpayer's period of presumptive eligibility with respect to any specified child terminates by reason of paragraph 7#b77;,a77ii77,,iv71 the ,secretary shall provide the taxpayer a written notice of such termination4 7d7 ,determination of reference month and reference taxable year ,for purposes of this section-- 7#a7 ,reference month ,the term reference month means1 with respect to any taxpayer for any calendar month1 the most recent of-- 7,a7 in the case of a taxpayer who filed a return of tax for the last taxable year ending before such calendar month1 the last month of such taxable year1 7,b7 in the case of a taxpayer who filed a return of tax for the taxable year preceding the taxable year described in subparagraph 7,a71 the last month of such preceding taxable year1 and 7,c7 in the case of a taxpayer who provides1 through a specified alternative mechanism1 information which is sufficient to estimate the taxpayer's monthly advance child payment for such month1 such month4 7#b7 ,reference taxable year ,the term reference taxable year means1 with respect to any taxpayer for any calendar month1 the most recent of-- 7,a7 the taxable year described in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 or 7,b7 in the case of a taxpayer who provides1 through a specified alternative mechanism1 information which is sufficient to estimate the taxpayer's modified adjusted gross income for the taxable year which includes such month1 such taxable year4 7#c7 ,availability of information ,any month or year referred to in subparagraphs 7,a71 7,b71 or 7,c7 of paragraph 7#a7 or subparagraph 7,a7 or 7,b7 of paragraph 7#b7 shall not be taken into account in determining the reference month or reference taxable year with respect to any calendar month unless all relevant information with respect to such month or year is available to the ,secretary and the ,secretary has adequate time to make estimates under this section on the basis of such information before the beginning of such calendar month4 7#d7 ,treatment of insufficient information ,except as otherwise provided by the ,secretary-- 7,a7 if a taxpayer is not described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 with respect to any calendar month1 the monthly advance child payment with respect to such taxpayer for such calendar month shall be treated as zero unless the ,secretary determines that the ,secretary can make the estimate described in subsection 7b7 on the basis of information known to the ,secretary which the ,secretary determines is reasonably reliable1 and 7,b7 if the taxpayer is not described in paragraph 7#a77;,c7 and the information on the return of tax referred to in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 does not establish the status of the taxpayer 7in the case of a joint return1 either spouse7 as having a principal place of abode 7determined as provided in section #cb7 in the ,united ,states or ,puerto ,rico for more than one-half of the reference month1 the ,secretary shall determine such status based on information known to the ,secretary4 7#e7 ,transition rule ,in any case with respect to which section #bd;,a was not in effect for the taxable year described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 7whichever is applicable71 subsection 7b77#a7 shall be applied by substituting the qualifying children of such taxpayer for the taxable year which includes the reference month for the specified children of such taxpayer for the reference month4 7e7 ,on-line information portal2 specified alternative mechanisms 7#a7 ,on-line information portal ,the ,secretary shall establish an on-line portal which allows taxpayers to-- 7,a7 subject to such restrictions as the ,secretary may provide1 elect to begin or cease receiving payments under this section1 and 7,b7 provide information to the ,secretary which is relevant in determining the monthly advance child payment and the taxpayer's eligibility for such payment1 including information regarding-- 7i7 the number of the taxpayer's specified children1 including by reason of the birth of a child1 7ii7 the taxpayer's marital status1 7iii7 the taxpayer's modified adjusted gross income1 7iv7 the taxpayer's principal place of abode1 and 7v7 any other factor which the ,secretary may provide4 7#b7 ,specified alternative mechanism ,for purposes of this section1 the term specified alternative mechanism means the on-line portal established under paragraph 7#a71 the on-line portal established under section #gebg;,a1 and any other mechanism or method established by the ,secretary to allow taxpayer's to provide the information described in paragraph 7#a7 7including in connection with the filing of any return of tax74 7f7 ,specified child of more than #a taxpayer 7#a7 ,in general ,in the event that 7without regard to this paragraph and determined without regard to any election under subsection 7e77#a77 any specified child would be taken into account in determining the monthly advance child payment of more than one taxpayer for the same calendar month-- 7,a7 except as provided in subparagraph 7,b71 such child shall be so taken into account only with respect to the taxpayer with the most recent reference month1 and 7,b7 if any such taxpayer is described in subsection 7d77#a77;,c7 7or more than #a taxpayer is described in subparagraph 7,a7 of this paragraph71 the ,secretary shall establish procedures under which the ,secretary expeditiously adjudicates the taxpayer's competing claims of presumptive eligibility with respect to the same child4 7#b7 ,provisions related to adjudication 7,a7 ,expedited process2 appeals ,the procedures established under paragraph 7#a77;,b7 shall include-- 7i7 an expedited process for taxpayers who meet such requirements as the ,secretary may establish for such expedited process1 and 7ii7 procedures for adjudicating an appeal of an adverse decision4 7,b7 ,information receipt and coordination ,the ,secretary may enter into agreements to receive information from1 and otherwise coordinate with-- 7i7 ,federal agencies 7including the ,social ,security ,administration and the ,department of ,agriculture71 7ii7 any ,state1 local government1 ,tribal government1 or possession of the ,united ,states1 and 7iii7 any other individual or entity that the ,secretary determines to be appropriate for purposes of adjudicating a competing claim described in paragraph 7#a74 7,c7 ,adjudication not treated as assessment ,an adjudication under the procedures established under paragraph 7#a77;,b7 7including the adjudication of any appeal7 shall not be treated as an assessment described in section #fbja4 7,d7 ,adjudication not treated as inspection of taxpayer's books of account ,the inspection of a taxpayer's books of account in connection with any adjudication under the procedures established under paragraph 7#a77;,b7 7including the adjudication of any appeal7 shall not be treated as an examination or inspection of a taxpayer's books of account for purposes of section #gfje7;b74 7#c7 ,retroactive payments ,if1 pursuant to the procedures established under paragraph 7#a77;,b71 the ,secretary determines that a child is a specified child of a taxpayer and the ,secretary did not make payments to such taxpayer with respect to such child for any portion of the period during which the determination was made1 the ,secretary may make a one-time payment to the taxpayer with respect to which such child is the specified child in an amount equal to the aggregate amount by which the monthly advance child payments to such taxpayer would have increased during such period if such determination had been made immediately4 7#d7 ,recapture of payments ,if1 pursuant to the procedures established under paragraph 7#a77;,b71 the ,secretary makes payments with respect to the child during the period during which the determination is made-- 7,a7 the ,secretary shall provide each taxpayer which receives such payments notice that such payments may be subject to recapture1 and 7,b7 upon making such determination1 the ,secretary shall determine on the basis of the facts and circumstances of each such taxpayer whether any such payments should be subject to recapture and shall so notify each such taxpayer4 7g7 ,rules related to grace periods and hardships 7#a7 ,automatic grace period 7,a7 ,in general ,notwithstanding subsection 7f71 in the case of any failure or delay in establishing a period of presumptive eligibility with respect to which the taxpayer elects the application of this subparagraph1 credit under section #bd;,a or retroactive payment under this section 7similar to the payment described in subsection 7f77#c77 shall be allowed or made with respect to so much of the period of such failure or delay as does not exceed #c months4 ,the preceding sentence shall not apply if the ,secretary determines that such failure or delay was due to fraud or reckless or intentional disregard of rules and regulations4 7,b7 ,limitation ,subparagraph 7,a7 shall not apply with respect to any taxpayer more than once during any #cf-month period4 7#b7 ,hardship ,notwithstanding subsection 7f71 if the ,secretary determines that a failure or delay in establishing a period of presumptive eligibility with respect to any specified child was due to domestic violence1 serious illness1 natural disaster1 or any other hardship1 credit under section #bd;,a or retroactive payment under this section 7similar to the payment described in subsection 7f77#c77 shall be allowed or made with respect to so much of the period of such failure or delay as does not exceed #f months4 7h7 ,provisions related to form1 manner1 and treatment of payments 7#a7 ,application of electronic funds payment requirement ,the payments made by the ,secretary under subsection 7a7 shall be made by electronic funds transfer to the same extent and in the same manner as if such payments were ,federal payments not made under this title4 7#b7 ,application of certain rules ,rules similar to the rules of subparagraphs 7,b7 and 7,c7 of section #fdbh;,a7f77#c7 shall apply for purposes of this section1 applied by substituting ,january #a1 #bjbb for ,january #a1 #bjai in clauses 7i7 and 7ii7 of such subparagraph 7,b74 7#c7 ,exception from reduction or offset ,any payment made to any individual under this section shall not be-- 7,a7 subject to reduction or offset pursuant to subsection 7c71 7d71 7e71 or 7f7 of section #fdjb or any similar authority permitting offset1 or 7,b7 reduced or offset by other assessed ,federal taxes that would otherwise be subject to levy or collection4 7#d7 ,application of advance payments in the possessions of the united states 7,a7 ,puerto ,rico 7i7 ,for application of child tax credit to residents of ,puerto ,rico1 see section #bd;,a7d74 7ii7 ,for application of monthly advance child payments to residents of ,puerto ,rico1 see subsection 7b77#d74 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 #bd;,a7i77#a77;,c771 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 7,c7 ,administrative expenses of advance payments 7i7 ,mirror code possessions ,in the case of any possession described in subparagraph 7,b7 which makes the election described in such subparagraph1 the amount otherwise paid by the ,secretary to such possession under section #bd;,a7i77#a77;,a7 with respect to taxable years beginning in #bjbc1 #bjbd1 and #bjbe shall each be increased by #cjj1jjj if such possession has a plan1 which has been approved by the ,secretary1 for making monthly advance child payments consistent with such election4 7ii7 ,american ,samoa ,the amount otherwise paid by the ,secretary to ,american ,samoa under subparagraph 7,a7 of section #bd;,a7i77#c7 with respect to taxable years beginning in #bjbc1 #bjbd1 and #bjbe shall each be increased by #cjj1jjj if the plan described in subparagraph 7,b7 of such section includes a program1 which has been approved by the ,secretary1 for making monthly advance child payments under rules similar to the rules of this section4 7iii7 ,timing of payment ,the ,secretary may pay1 upon the request of the possession of the ,united ,states to which the payment is to be made1 the amount of the increase determined under clause 7i7 or 7ii71 respectively1 immediately upon approval of the plan with respect to which such payment relates4 7i7 ,application of certain definitions and rules applicable to child tax credit 7#a7 ,definitions ,except as otherwise provided in this section1 terms used in this section which are also used in section #bd;,a shall have the same respective meanings as when used in section #bd;,a4 7#b7 ,treatment of certain deaths ,a child shall not be taken into account in determining the monthly advance child payment for any calendar month if the death of such child before the beginning of the calendar year which includes such month is known to the ,secretary as of date on which the ,secretary estimates such payment4 7#c7 ,identification requirements ,rules similar to the rules which apply under section #bd;,a7e7 shall apply for purposes of this section except that such rules shall apply with respect to the return of tax for the reference taxable year or1 in the case of information provided through a specified alternative mechanism1 with respect to the information provided through such mechanism4 7#d7 ,restrictions on taxpayers who improperly claimed credit or monthly advance child payments ,for restrictions on taxpayers who improperly claimed credit or monthly advance child payments1 see section #bd;,a7f74 7j7 ,notice of ,payments 7#a7 ,in general ,not later than ,january #ca of the calendar year following any calendar year during which the ,secretary makes one or more payments to any taxpayer under this section1 the ,secretary shall provide such taxpayer with a written notice which includes-- 7,a7 the taxpayer's taxpayer identity 7as defined in section #fajc7;b77#f771 7,b7 the aggregate amount of such payments made to such taxpayer during such calendar year1 and 7,c7 such other information as the ,secretary determines appropriate4 7#b7 ,certain payments subject to recapture ,in the case of any payments made to a taxpayer which the ,secretary has determined are subject to recapture1 the notice provided under paragraph 7#a7 to such taxpayer shall include the amount of such payments4 7k7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this section4 7l7 ,termination ,no payments shall be made under the program established under subsection 7a7 with respect to any month beginning after ,december #ca1 #bjbe4 4 7c7 ,suspension of child tax credit during period that monthly child tax credit is in effect ,section #bd is amended by adding at the end the following new subsection3 7l7 ,coordination with monthly child tax credit ,this section shall not apply to 7and no payment shall be made under subsection 7k7 with respect to7 any taxable year beginning after ,december #ca1 #bjbb1 and before ,january #a1 #bjbf4 4 7d7 ,conforming amendments 7#a7 ,section #bf7;b77#b7 is amended by striking and at the end of subparagraph 7,y71 by striking the period at the end of subparagraph 7,z7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,,aa7 section #bd;,a7g77#b7 7relating to recapture of certain monthly advance child payments74 4 7#b7 ,section #aeb7;f77#f77;,b77ii7 is amended to read as follows3 7ii7 the credits under sections #bd1 #bd;,a1 and #bd;,b and the payments under sections #gebg;,a and #gebg;,b1 4 7#c7 ,section #cdjb7;f77#a77;,c7 is amended by inserting or section #bd;,a 7determined after application of subsection 7g7 thereof7 after section #bd 7determined after application of subsection 7j7 thereof74 7#d7 ,section #fajc7l77#ac77;,a77v7 is amended by insert or section #bd;,a1 as the case may be after section #bd4 7#e7 ,section #fbaa7;b77#d77;,a7 is amended by inserting #bd;,a by reason of subsection 7d7 thereof1 after #bd by reason of subsections 7d7 and 7i77#a7 thereof14 7#f7 ,section #fbac7;g77#b77;,i7 is amended by inserting or section #bd;,a7e7 7relating to monthly child tax credit7 after section #bd7;e7 7relating to child tax credit74 7#g7 ,section #fbac7;g77#b77,l7 is amended by inserting #bd;,a1 after #bd14 7#h7 ,section #fbac7;g77#b77,p7 is amended-- 7,a7 by inserting or #bd;,a7f77#b7 after section #bd7;g77#b71 7,b7 by inserting or #bd;,a after under section #bd1 and 7,c7 by striking subsection 7g77#a7 thereof and inserting section #bd7;g77#a7 or section #bd;,a7f77#a71 respectively4 7#i7 ,section #ffie7;g77#b7 is amended by inserting #bd;,a1 after #bd14 7#aj7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 by inserting #bd;,a1 after #bd11 and 7,b7 by inserting #gebg;,b1 after #gebg;,a14 7#aa7 ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #bd the following new items3 ,sec4 #bd;,a4 ,monthly child tax credit4 ,sec4 #bd;,b4 ,credit for certain other dependents4 4 7#ab7 ,the table of sections for chapter #gg is amended by inserting after the item relating to section #gebg;,a the following new item3 ,sec4 #gebg;,b4 ,monthly payments of child tax credit4 4 7e7 ,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 ,monthly advance child payments ,the amendments made by subsection 7b7 shall apply to payments made for calendar months beginning after ,december #ca1 #bjbb4 #acgajd4 ,refundable child tax credit after #bjbe 7a7 ,in general ,section #bd1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new subsection3 7m7 ,refundable credit after #bjbe ,in the case of any taxable year beginning after ,december #ca1 #bjbe1 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 the credit determined under subsection 7a7 7after application of paragraph 7#a77 shall be allowed under subpart ,c 7and not allowed under this subpart74 4 7b7 ,conforming amendments related to possessions of the ,united ,states 7#a7 ,puerto ,rico ,section #bd7k77#b7 is amended-- 7,a7 in subparagraph 7,b7 7as amended by the preceding provisions of this ,act7-- 7i7 by inserting and before ,january #a1 #bjbf1 after ,december #ca1 #bjbb11 and 7ii7 by inserting and before #bjbf after after #bjbb1 and 7,b7 by adding at the end the following new subparagraph3 7,c7 ,application to taxable years after #bjbe ,for application of refundable credit to residents of ,puerto ,rico for taxable years after #bjbe1 see subsection 7m74 4 7#b7 ,american ,samoa ,section #bd7k77#c77;,c77ii71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subclause 7,i71 by striking and at the end1 7,b7 in subclause 7,,ii7-- 7i7 by inserting and before ,january #a1 #bjbf1 after after ,december #ca1 #bjbb11 and 7ii7 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following new subclause3 7,,iii7 if such taxable year begins after ,december #ca1 #bjbe1 subsection 7m7 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 #bjbe4 #acgaje4 ,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 #i1jjj1jjj1jjj 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 by federal agencies to facilitate 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 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 tribal governments1 and possessions of the ,united ,states1 and private entities1 including organizations dedicated to free tax return preparation4 #b ,child and dependent care tax credit #acgbja4 ,certain improvements to the child and dependent care credit made permanent 7a7 ,credit refundable for taxpayers with principal place of abode in the ,united ,states ,section #ba7;g7 is amended to read as follows2 7g7 ,credit refundable for taxpayers with principal place of abode in the ,united ,states ,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 year1 the credit allowed under subsection 7a7 shall be treated as a credit allowed under subpart ,c 7and not allowed under this subpart74 4 7b7 ,increase in dollar limit on amount creditable ,section #ba7;c7 is amended-- 7#a7 by striking #c1jjj in paragraph 7#a7 and inserting #h1jjj1 and 7#b7 by striking #f1jjj in paragraph 7#b7 and inserting #af1jjj4 7c7 ,increase in applicable percentage ,section #ba7;a77#b7 is amended-- 7#a7 by striking #ce percent and inserting #ej percent1 and 7#b7 by striking #ae1jjj and inserting #abe1jjj4 7d7 ,application of increased dollar limitation to spouses who are students or incapable of caring for themselves ,section #ba7;d77#b7 is amended by striking of not less than-- and all that follows through ,in the case of and inserting of not less than #a_/ab of the dollar amount in effect under paragraph 7#a7 or 7#b7 of subsection 7c7 7whichever is applicable to the taxpayer for the taxable year74 ,in the case of4 7e7 ,inflation adjustment ,section #ba7;e7 is amended by adding at the end the following new paragraph3 7#aa7 ,inflation adjustment 7,a7 ,in general ,in the case of any taxable year beginning after ,december #ca1 #bjba1 the #abe1jjj amount in subsection 7a77#b71 the #h1jjj amount in subsection 7c77#a71 and the #af1jjj amount in subsection 7c77#b7 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 the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbj for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding 7i7 ,limitation based on adjusted gross income ,if any increase determined under subparagraph 7,a7 of the #abe1jjj dollar amount in subsection 7a77#b7 is not a multiple of #e1jjj1 such amount shall be rounded to the nearest multiple of #e1jjj4 7i7 ,dollar limitations ,if any increase determined under subparagraph 7,a7 of any dollar amount in subsection 7c7 is not a multiple of #ajj1 such amount shall be rounded to the nearest multiple of #ajj4 4 7f7 ,application of phaseout to high income individuals 7#a7 ,in general ,section #ba7;a77#b7 is amended by striking #bj percent and inserting the phaseout percentage4 7#b7 ,phaseout percentage ,section #ba7;a7 is amended by adding at the end the following new paragraph3 7#c7 ,phaseout percentage ,for purposes of paragraph 7#b71 the term phaseout percentage means #bj percent reduced 7but not below zero7 by #a percentage point for each #b1jjj 7or fraction thereof7 by which the taxpayer's adjusted gross income for the taxable year exceeds #djj1jjj4 4 7g7 ,application of credit in possessions ,section #ba7;h7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,the ,secretary and inserting ,with respect to taxable years beginning in or with calendar years after #bjbj1 the ,secretary1 and 7,b7 by striking with respect to taxable years beginning in or with #bjba1 7#b7 in paragraph 7#b7-- 7,a7 by striking ,the ,secretary and inserting ,with respect to taxable years beginning in or with calendar years after #bjbj1 the ,secretary1 and 7,b7 by striking with respect to taxable years beginning in or with #bjba1 and 7#c7 in paragraph 7#c71 by striking in or with #bjba and inserting after ,december #ca1 #bjbj4 7h7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgbjb4 ,increase in exclusion for employer-provided dependent care assistance made permanent 7a7 ,in general ,section #abi7;a77#b77;,a7 is amended by striking #e1jjj 7#b1ejj and inserting #aj1ejj 7half such dollar amount4 7b7 ,inflation adjustment ,section #abi7;e7 is amended by adding at the end the following new paragraph3 7#aj7 ,inflation adjustment 7,a7 ,in general ,in the case of any taxable year beginning after ,december #ca1 #bjba1 the #aj1ejj amount in subsection 7a77#b77;,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 7,b7 ,rounding ,if any increase determined under subparagraph 7,a7 is not a multiple of #ajj1 such amount shall be rounded to the nearest multiple of #ajj4 4 7c7 ,conforming amendment ,section #abi7;a77#b7 is amended by striking subparagraph 7,d74 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 7e7 ,retroactive plan amendments ,a plan that otherwise satisfies all applicable requirements of sections #abe and #abi of the ,internal ,revenue ,code of #aihf 7including any rules or regulations thereunder7 shall not fail to be treated as a cafeteria plan or dependent care assistance program merely because such plan is amended pursuant to a provision under this subsection and such amendment is retroactive1 if-- 7#a7 such amendment is adopted no later than the last day of the plan year in which the amendment is effective1 and 7#b7 the plan is operated consistent with the terms of such amendment during the period beginning on the effective date of the amendment and ending on the date the amendment is adopted4 #c ,supporting ,caregivers #acgcja4 ,payroll tax credit for child care workers 7a7 ,in general ,subchapter ,d of chapter #ba is amended by adding at the end the following3 #cace4 ,payroll credit for certain wages paid to child care workers 7a7 ,in general ,in the case of an eligible child care employer1 there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to #ej percent of the qualified child care wages paid with respect to each eligible employee of such employer for such calendar quarter4 7b7 ,limitations and refundability 7#a7 ,limitation on wages taken into account ,the amount of qualified child care wages with respect to any eligible employee which may be taken into account under subsection 7a7 by the eligible child care employer for any calendar quarter shall not exceed #b1ejj4 7#b7 ,credit limited to certain employment taxes ,the credit allowed by subsection 7a7 with respect to any calendar quarter shall not exceed the applicable employment taxes 7reduced by any credits allowed under sections #caca1 #cacb1 #cacd1 and #fdcb7 on the wages paid with respect to the employment of all the employees of the eligible child care employer for such calendar quarter4 7#c7 ,refundability of excess credit 7,a7 ,credit is refundable ,if the amount of the credit under subsection 7a7 exceeds the limitation of paragraph 7#b7 for any calendar quarter1 such excess shall be treated as an overpayment that shall be refunded under sections #fdjb7;a7 and #fdac7;b74 7,b7 ,advancing credit ,in anticipation of the credit1 including the refundable portion under subparagraph 7,a71 the credit shall be advanced1 according to forms and instructions provided by the ,secretary1 up to an amount calculated under subsection 7a71 subject to the limits under paragraph 7#a71 all calculated through the end of the most recent payroll period in the quarter4 7c7 ,eligible child care employer ,for purposes of this section1 the term eligible child care employer means any employer which operates one or more qualified child care facilities4 7d7 ,qualified child care facility ,for purposes of this section1 the term qualified child care facility means any facility which is certified as an ,,hhs ,participating ,child ,care ,provider by the ,secretary of ,health and ,human ,services under section #dah;,a7c7 of the ,social ,security ,act4 7e7 ,eligible employee ,for purposes of this section1 the term eligible employee means1 with respect to any eligible child care employer for any calendar quarter1 any employee of such employer if-- 7#a7 the aggregate wages paid to such employee for such quarter do not exceed #be percent of the dollar amount in effect for such quarter under section #dad7q77#a77;,b77i7 7relating to highly compensated employees71 and 7#b7 the aggregate wages paid to such employee for the #a-year period ending with the close of such quarter do not exceed #ajj percent of such dollar amount4 7f7 ,qualified child care wages ,for purposes of this section-- 7#a7 ,in general ,the term qualified child care wages means1 with respect to any eligible employee for any calendar quarter1 so much of the child care wages paid by the eligible child care employer to such employee during such quarter as are paid at a rate in excess of the applicable minimum rate4 ,such term shall not include any wages paid by an eligible child care employer during any period during which the certification described in subsection 7d7 is not in effect4 7#b7 ,applicable minimum rate ,the term applicable minimum rate means1 with respect to wages paid to any eligible employee1 the rate of basic pay which is payable for ,,gs-#c1 step #a of the ,general ,schedule under subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code 7including any applicable locality-based comparability payment under section #ecjd of such title1 or similar authority7 at the time such wages are paid and determined with respect to the locality in which the services are provided4 7#c7 ,child care wages ,the term child care wages means wages paid for the services of the employee to provide child care at a qualified child care facility or to provide support services for such a facility4 7#d7 ,exception ,the term child care wages shall not include any wages taken into account under section #da1 #de;,a1 #de,p1 #de,r1 #ea1 #acif1 #caca1 #cacb1 #cacd1 or #fdcb4 7g7 ,other definitions and special rules ,for purposes of this section-- 7#a7 ,applicable employment taxes ,the term applicable employment taxes means the following3 7,a7 ,the taxes imposed under section #caaa7;b74 7,b7 ,so much of the taxes imposed under section #cbba7;a7 as are attributable to the rate in effect under section #caaa7;b74 7#b7 ,wages 7,a7 ,in general ,the term wages means wages 7as defined in section #caba7;a771 determined without regard to paragraphs 7#a7 through 7#bb7 of section #caba7;b77 and compensation 7as defined in section #cbca7;e71 determined without regard to the sentence in paragraph 7#a7 thereof which begins ,such term does not include remuneration74 7,b7 ,allowance for certain health plan expenses 7i7 ,in general ,such term shall include amounts paid by the eligible child care employer to provide and maintain a group health plan 7as defined in section #ejjj7;b77#a771 but only to the extent that such amounts are excluded from the gross income of employees by reason of section #ajf7;a74 7ii7 ,allocation rules ,for purposes of this section1 amounts treated as wages under clause 7i7 shall be treated as paid with respect to any eligible employee 7and with respect to any period7 to the extent that such amounts are properly allocable to such employee 7and to such period7 in such manner as the ,secretary may prescribe4 ,except as otherwise provided by the ,secretary1 such allocation shall be treated as properly made if made on the basis of being pro rata among periods of coverage4 7#c7 ,other terms ,any term used in this section which is also used in this chapter or chapter #bb shall have the same meaning as when used in such chapter4 7#d7 ,denial of double benefit ,for purposes of chapter #a1 the gross income of the employer1 for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section1 shall be increased by the amount of such credit4 7#e7 ,election to not take certain wages into account ,this section shall not apply to so much of the qualified child care wages paid by an eligible child care employer as such employer elects 7at such time and in such manner as the ,secretary may prescribe7 to not take into account for purposes of this section4 7#f7 ,certain governmental employers ,no credit shall be allowed under this section to the ,government of the ,united ,states or to any agency or instrumentality thereof4 ,the preceding sentence shall not apply to any organization described in section #eja7;c77#a7 and exempt from tax under section #eja7;a74 7#g7 ,coordination with certain programs 7,a7 ,in general ,this section shall not apply to so much of the qualified child care wages paid by an eligible child care employer as are taken into account as payroll costs in connection with-- 7i7 a covered loan under section #g7;a77#cg7 or #g;,a of the ,small ,business ,act1 7ii7 a grant under section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,non-,profits1 and ,venues ,act1 or 7iii7 a restaurant revitalization grant under section #ejjc of the ,american ,rescue ,plan ,act of #bjba4 7,b7 ,application where ,,ppp loans not forgiven ,the ,secretary shall issue guidance providing that payroll costs paid during the covered period shall not fail to be treated as qualified child care wages under this section by reason of subparagraph 7,a77i7 to the extent that-- 7i7 a covered loan of the taxpayer under section #g7;a77#cg7 of the ,small ,business ,act is not forgiven by reason of a decision under section #g7;a77#cg77;,j7 of such ,act1 or 7ii7 a covered loan of the taxpayer under section #g;,a of the ,small ,business ,act is not forgiven by reason of a decision under section #g;,a7g7 of such ,act4 ,terms used in the preceding sentence which are also used in section #g;,a7g7 or #g7;a77#cg77;,j7 of the ,small ,business ,act shall1 when applied in connection with either such section1 have the same meaning as when used in such section1 respectively4 7#h7 ,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 7#i7 ,third party payors ,any credit allowed under this section shall be treated as a credit described in section #ceaa7;d77#b74 7#aj7 ,inflation adjustment ,in the case of any taxable year beginning after ,december #ca1 #bjbb1 the #b1ejj amount in subsection 7b77#a7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 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 #bjba for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,if any amount as adjusted under the preceding sentence is not a multiple of #ajj1 such amount shall be rounded to the nearest multiple of #ajj4 7h7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section1 including-- 7#a7 regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section1 7#b7 regulations or other guidance to minimize compliance and record-keeping burdens under this section1 7#c7 regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section1 7#d7 regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection 7a71 7#e7 regulations or other guidance to permit the advancement of the credit determined under subsection 7a71 and 7#f7 regulations or other guidance for applying subsection 7f7 with respect to eligible employees not paid at a single rate of pay4 4 7b7 ,refunds ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting 8#cace10 after 8#cacd104 7c7 ,clerical amendment ,the table of sections for subchapter ,d of chapter #ba is amended by adding at the end the following3 ,sec4 #cace4 ,payroll credit for certain wages paid to child care workers4 4 7d7 ,effective date ,the amendments made by this section shall apply to calendar quarters beginning after ,december #ca1 #bjba4 #acgcjb4 ,credit for caregiver expenses 7a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #be;,d the following new section3 #be;,e4 ,credit for caregiver expenses 7a7 ,allowance of credit ,in the case of an individual for whom there are #a or more qualified care recipients1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to #ej percent of the qualified expenses paid or incurred by such individual during the taxable year 7and not compensated for by insurance or otherwise74 7b7 ,qualified care recipient ,for purposes of this section-- 7#a7 ,in general ,the term qualified care recipient means1 with respect to any taxable year1 any individual who-- 7,a7 is the spouse of the taxpayer1 or any other person who bears a relationship to the taxpayer described in any of subparagraphs 7,a7 through 7,h7 of section #aeb7;d77#b71 7,b7 has been certified1 before the due date for filing the return of tax for the taxable year1 by a licensed health care practitioner 7as defined in section #ggjb;,b7c77#d77 as being an individual with long-term care needs 7as defined in paragraph 7#c77 for a period-- 7i7 which is expected to be at least #ahj consecutive days1 and 7ii7 a portion of which occurs within the taxable year1 and 7,c7 resides in a personal residence and not an institutional care facility4 7#b7 ,period for making certification ,notwithstanding paragraph 7#a77;,b71 a certification shall not be treated as valid unless it is made within the #ah-month period ending on such due date 7or such other period as the ,secretary prescribes74 7#c7 ,individuals with long-term care needs ,for purposes of this subsection1 the term individual with long-term care needs means any individual who meets the requirements of any of the following subparagraphs3 7,a7 ,the individual is at least #f years of age and-- 7i7 is unable to perform 7without substantial assistance from another individual7 at least #b activities of daily living 7as defined in section #ggjb;,b7c77#b77;,b77 due to a loss of functional capacity1 or 7ii7 requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform1 without reminding or cuing assistance1 at least #a activity of daily living 7as so defined7 or1 to the extent provided in regulations prescribed by the ,secretary 7in consultation with the ,secretary of ,health and ,human ,services71 is unable to engage in age appropriate activities4 7,b7 ,the individual is at least #b but not #f years of age and is unable1 due to a loss of functional capacity1 to perform 7without substantial assistance from another individual7 at least #b of the following activities3 7i7 ,eating4 7ii7 ,transferring4 7iii7 ,mobility4 7,c7 ,the individual is under #b years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent4 7#d7 ,institutional care facility ,for purposes of paragraph 7#a77;,c71 an institutional care facility 7including two or more places1 establishments1 or institutions owned by the same legal entity7 includes any congregate1 protected living residential arrangement that provides or coordinates personal or health care services1 including assistance with the activities of daily living and social care1 for two or more adults who are aged1 infirm1 or disabled 7c7 ,qualified expenses ,for purposes of this section-- 7#a7 ,in general ,the term qualified expenses means expenses for goods1 services1 and supports described in paragraph 7#b7 which-- 7,a7 assist a qualified care recipient with accomplishing activities of daily living 7as defined in section #ggjb;,b7c77#b77;,b77 and instrumental activities of daily living 7as defined in section #aiae7k77#f77;,f7 of the ,social ,security ,act71 and 7,b7 are provided solely for use by such qualified care recipient4 7#b7 ,items described ,the goods1 services1 and supports described in this paragraph are-- 7,a7 human assistance1 supervision1 cuing1 and standby assistance1 7,b7 health maintenance tasks 7such as medication management71 7,c7 respite care1 7,d7 assistive technologies and devices 7including remote health monitoring71 7,e7 accessibility modifications of the qualified care recipient's residence1 7,f7 counseling1 support groups1 or training relating to caring for a qualified care recipient1 and 7,g7 any other items which directly relate to the health and safety of a qualified care recipient1 as determined by the ,secretary after consultation with the ,secretary of ,health and ,human ,services4 7#c7 ,dollar limitation ,the amount taken into account as qualified expenses for any taxable year shall not exceed #d1jjj4 7#d7 ,denial of double benefit ,amounts taken into account for purposes of section #ba1 #abi1 #bac1 or #bbc7;f71 or such other circumstances as may be provided by the ,secretary1 shall not be taken into account as qualified expenses4 7#e7 ,documentation requirement ,an expense shall not be treated as a qualified expense unless the taxpayer substantiates such expense under such regulations or guidance as the ,secretary shall provide4 7d7 ,credit phaseout ,the #ej percent rate under subsection 7a7 shall be reduced by #a percentage point for every #b1ejj or fraction thereof by which the taxpayer's adjusted gross income exceeds #ge1jjj4 7e7 ,special rules ,for purposes of this section-- 7#a7 ,payments to related individuals ,rules similar to the rules of section #ba7;e77#f7 shall apply4 7#b7 ,licensed health care practitioner 7,a7 ,in general ,the licensed health care practitioner making the certification for purposes of subsection 7b77#a77;,b7-- 7i7 shall not be related 7within the meaning of section #ea7;i77#a77 to the taxpayer or the qualified care recipient1 or have a conflict of interest 7as determined under regulations provided by the ,secretary7 with respect to the taxpayer or the qualified care recipient1 7ii7 shall be licensed and eligible under applicable ,state law to certify limitations in performing activities of daily living1 and 7iii7 shall be a participant in the ,medicaid program1 pursuant to sections #aijb7;a77#gg7 and #aicb7;d77#f7 of the ,social ,security ,act1 or the ,state ,children's ,health ,insurance ,program under section #bajg7;e77#a77;,g7 of such ,act4 7,b7 ,identification requirement 7i7 ,in general ,no credit shall be allowed with respect to any qualified care recipient unless the taxpayer includes the name and specified provider identification number of such licensed health care practitioner on the return of tax for the taxable year4 7ii7 ,specified provider identification number ,the term specified provider identification number means a valid ,national ,provider ,identifier as authorized in section #aagc of the ,social ,security ,act4 7#c7 ,individual may not be claimed by more than #a taxpayer ,an individual shall be treated as a qualified care recipient with respect to only #a taxpayer1 as determined by the ,secretary1 for any taxable year4 7#d7 ,identification requirement ,no credit shall be allowed with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of the qualified care recipient on the return of tax for the taxable year4 7f7 ,termination ,no credit shall be allowed under this section for any taxable year beginning after ,december #ca1 #bjbe4 4 7b7 ,math error authority ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended by striking and at the end of subparagraph 7,t71 by striking the period at the end of subparagraph 7,u7 and inserting 1 and1 and by inserting after subparagraph 7,u7 the following new subparagraph3 7,v7 an omission of a correct ,,tin required under section #be;,e7e77#d7 or a correct specified provider identification number required under section #be;,e7e77#b77;,b74 4 7c7 ,clerical amendment ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #be;,d the following new item3 ,sec4 #be;,e4 ,credit for caregiver expenses4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #d ,earned ,income ,tax ,credit #acgdja4 ,certain improvements to the earned income tax credit made permanent 7a7 ,decrease in minimum age requirement 7#a7 ,in general ,section #cb7;c77#a77;,a77ii77,,ii7 is amended by striking age #be and inserting the applicable minimum age4 7#b7 ,applicable minimum age ,section #cb7;c7 is amended by adding at the end the following new paragraph3 7#e7 ,applicable minimum age 7,a7 ,in general ,the term applicable minimum age means-- 7i7 except as otherwise provided in this subparagraph1 age #ai1 7ii7 in the case of a specified student 7other than a qualified former foster youth or a qualified homeless youth71 age #bd1 and 7iii7 in the case of a qualified former foster youth or a qualified homeless youth1 age #ah4 7,b7 ,specified student ,for purposes of this paragraph1 the term specified student means1 with respect to any taxable year1 an individual who is an eligible student 7as defined in section #be;,a7b77#c77 during at least #e calendar months during the taxable year4 7,c7 ,qualified former foster youth ,for purposes of this paragraph1 the term qualified former foster youth means an individual who-- 7i7 on or after the date that such individual attained age #ad1 was in foster care provided under the supervision or administration of an entity administering 7or eligible to administer7 a plan under part ,b or part ,e of title ,,iv of the ,social ,security ,act 7without regard to whether ,federal assistance was provided with respect to such child under such part ,e71 and 7ii7 provides 7in such manner as the ,secretary may provide7 consent for entities which administer a plan under part ,b or part ,e of title ,,iv of the ,social ,security ,act to disclose to the ,secretary information related to the status of such individual as a qualified former foster youth4 7,d7 ,qualified homeless youth ,for purposes of this paragraph1 the term qualified homeless youth means1 with respect to any taxable year1 an individual who certifies1 in a manner as provided by the ,secretary1 that such individual is either an unaccompanied youth who is a homeless child or youth1 or is unaccompanied1 at risk of homelessness1 and self-supporting4 4 7b7 ,elimination of maximum age for credit ,section #cb7;c77#a77;,a77ii77,,ii7 is amended by striking but not attained age #fe4 7c7 ,increase in credit and phaseout percentages ,the table contained in section #cb7;b77#a7 is amended by striking #g4fe each place it appears therein and inserting #ae4c4 7d7 ,increase in earned income and phaseout amounts 7#a7 ,in general ,the table contained in section #cb7;b77#b77;,a7 is amended-- 7,a7 by striking #d1bbj and inserting #i1hbj1 and 7,b7 by striking #e1bhj and inserting #aa1faj4 7#b7 ,application of inflation adjustment ,section #cb7;j77#a7 is amended-- 7,a7 by striking 7#bjba in the case of the dollar amount in subsection 7i77#a77 and inserting 7#bjba in the case of the #i1hbj and #aa1faj amounts in subsection 7b77#b77;,a7 and the #aj1jjj amount in subsection 7i77#a771 7,b7 in subparagraph 7,b77i71 by inserting 7other than the #i1hbj and #aa1faj amounts7 after subsection 7b77#b77;,a71 and 7,c7 in subparagraph 7,b77iii71 by inserting the #i1hbj and #aa1faj amounts in subsection 7b77#b77;,a7 and before the #aj1jjj amount in subsection 7i77#a74 7e7 ,section #cb1 as amended by subsection 7f71 is amended by adding at the end the following new subsection3 7n7 ,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 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 7f7 ,repeal of temporary provisions ,section #cb is amended by striking subsection 7n74 7g7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgdjb4 ,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 #e ,expanding ,access to ,health ,coverage and ,lowering ,costs #acgeja4 ,improve affordability and reduce premium costs of health insurance for consumers 7a7 ,increase in applicable percentage made permanent ,section #cf;,b7b77#c77;,a7 is amended to read as follows3 7,a7 ,applicable percentage ,the applicable percentage for any taxable year shall be the percentage such that the applicable percentage for any taxpayer whose household income is within an income tier specified in the following table shall increase1 on a sliding scale in a linear manner1 from the initial premium percentage to the final premium percentage specified in such table for such income tier3 ,in the case of household income 7expressed as a percent of poverty line7 within the following income tier3,the initial premiumpercentage is--,the final premium percentage is--,up to #aej4j percent#jjaej4j percent up to #bjj4j percent#jbbjj4j percent up to #bej4j percent#bdbej4j percent up to #cjj4j percent#dfcjj4j percent up to #djj4j percent#fh4edjj4j percent and higher#h4eh4e 4 7b7 ,credit allowed to taxpayers whose household income exceeds #djj percent of the poverty line 7#a7 ,in general ,section #cf;,b7c77#a77;,a7 is amended by striking but does not exceed #djj percent4 7#b7 ,conforming amendment ,section #cf;,b7c77#a7 is amended by striking subparagraph 7,e74 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgejb4 ,modification of employer-sponsored coverage affordability test in health insurance premium tax credit 7a7 ,in general ,section #cf;,b7c77#b77;,c7 is amended-- 7#a7 in clause 7i77,,ii71 by striking #i4e percent and inserting #h4e percent1 and 7#b7 by striking clause 7iv74 7b7 ,qualified small employer health reimbursement arrangements ,section #cf;,b7c77#d7 is amended-- 7#a7 in subparagraph 7,c77ii71 by striking #i4e percent and inserting #h4e percent1 and 7#b7 by striking subparagraph 7,f74 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgejc4 ,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 on or after the termination date 7as defined in subsection 7h77#b771 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 #acgejd4 ,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 7#a7 ,in general ,with respect to any taxable year beginning after ,december #ca1 #bjba1 and before the termination date-- 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 7i7 ,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 7ii7 ,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-- 7,i7 such taxpayer is eligible for advance payments under section #adab of such ,act for any portion of such taxable year1 and 7,,ii7 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 7iii7 ,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 subclauses 7,i7 and 7,,ii7 of clause 7ii7 with respect to such taxpayer4 7#b7 ,termination date ,for purposes of this subsection1 the term termination date means the later of-- 7,a7 ,january #a1 #bjbe1 or 7,b7 the date on which the ,secretary of ,health and ,human ,services makes a written certification to the ,secretary that the ,secretary of ,health and ,human ,services has fully implemented the program described in section #aidh of the ,social ,security ,act 7relating to ,federal ,medicaid program to close coverage gap in nonexpansion ,states74 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 the termination date1 as defined in section #cf;,b7h77#b77 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 #acgeje4 ,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 #bjbc and #bjbd1 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 with a household income of less than #ach percent of the poverty line for a family of the size involved for any month occurring during the period beginning on ,january #a1 #bjbb1 and ending on ,december #ca1 #bjbb1 such individual shall1 for such month and for each succeeding month during such period1 be treated as having 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 #bjbc and #bjbd1 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 #bjbc and #bjbd1 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 #bjbc and #bjbd 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 #bjbc and #bjbd4 7ii7 ,appropriation ,there are appropriated1 out of any monies in the ,treasury not otherwise appropriated1 such sums as may be necessary to the ,secretary for purposes of making payments under clause 7i74 7,c7 ,specified enrollee defined ,for purposes of this section1 the term specified enrollee means1 with respect to a month occurring during a plan year1 an eligible insured with a household income of less than #ach percent of the poverty line for a family of the size involved during such month4 ,such insured shall be deemed to be a specified enrollee for each succeeding 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 #bjbd1 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 of less than #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 year #bjbd ,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 #bjbd1 for benefits described in paragraph 7#e7 in the case of an individual who1 for a month during such plan year1 has a household income of less than #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 7,a7 ,in general ,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 non-emergency medical transportation services and services described in subsection 7a77#d77;,c7 of section #aije of the ,social ,security ,act1 without any restriction on the choice of a qualified provider from whom such an individual so enrolled in such plan may receive such services described in such subsection1 and without any imposition of cost sharing1 which are not otherwise provided under such plan as part of the essential health benefits package described in section #acjb7;a74 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 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 ,there is appropriated1 out of any monies in the ,treasury not otherwise appropriated1 such sums as may be necessary to the ,secretary for purposes of making 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 ,there are appropriated1 out of any monies in the ,treasury not otherwise appropriated1 #ae1jjj1jjj for fiscal year #bjbb1 and #cj1jjj1jjj for each of fiscal years #bjbc and #bjbd1 to carry out this paragraph4 ,funds appropriated under this subparagraph shall remain available until expended4 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 #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 #bj1jjj1jjj for each of fiscal years #bjbc and #bjbd4 ,such amount so obligated for a fiscal year shall remain available until expended4 4 #acgejf4 ,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 part #e 7#db ,u4,s4,c4 #ahjfa et seq47 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 #e-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 the subsequent #d years4 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 #bjbc and #bjbd for certain ,states 7#a7 ,in general ,for #bjbc and #bjbd1 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 #bjbc or #bjbd1 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 #bjbc or #bjbd1 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 #bjbc and #bjbd1 is a ,state that1 as of ,january #a of #bjbb or #bjbc1 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 ,for the purpose of providing allocations for ,states under subsection 7b7 and payments under section #acec7;b7 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1jjj for #bjbc and each subsequent year4 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 a subsequent year1 ,january #a of the previous year4 7,c7 ,notifications of allocation amounts ,for #bjbd and each subsequent year1 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 #acgejg4 ,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 #bjbf14 7b7 ,modification of income not taken into account ,section #cf;,b7g77#a77;,b7 is amended by striking #acc percent and inserting #aej percent4 7c7 ,conforming amendment ,section #cf;,b7g7 by inserting through #bjbe 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 #acgejh4 ,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 #f ,pathway to ,practice ,training ,programs #acgfja4 ,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#d7 for the purpose of notifying the qualifying student of the terms of the ,rural and ,underserved ,pathway to ,practice ,training ,program4 7d7 ,pathway to ,practice medical scholarship voucher details 7#a7 ,number ,on an annual basis1 the ,secretary may award a ,pathway to ,practice medical scholarship voucher under the ,program to not more than #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 ,program or an ,area ,health ,education ,center scholar2 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 described in section #baba7;c7 of title #aj1 ,united ,states ,code2 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 a qualifying student awarded a ,pathway to ,practice medical scholarship voucher under the ,program1 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 tuition under paragraph 7#d77;,a71 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 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 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 provider will verify 7in such manner as the ,secretary may provide7 that amounts paid by such school or provider 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 and 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 may 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 may 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 may 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 #acgfjb4 ,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 is such section #cf;,g4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years ending after the date of the enactment of this ,act4 #acgfjc4 ,establishing ,rural and ,underserved ,pathway to ,practice ,training ,programs 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 ,increase in ,full-,time ,equivalent limitation for hospitals implementing pathway training programs 7,i7 ,in general ,for cost reporting periods beginning on or after ,october #a1 #bjbf1 during which a resident trains in an applicable hospital or hospitals 7as defined in subclause 7,,ii7 in an approved medical residency training program71 the ,secretary shall1 after any adjustment made under any preceding provision of this paragraph or under any of paragraphs 7#g7 through 7#i71 subject to subclause 7,,iii71 increase the limitation under subparagraph 7,f7 for such cost reporting period by the number of full-time equivalent residents so trained under such program during such period 7in this clause1 referred to as the ,rural and ,underserved ,pathway to ,practice ,training ,programs for ,medical ,residents or ,program74 7,,ii7 ,applicable hospital or hospitals defined ,for purposes of this clause1 the term #8applicable hospital or hospitals' means any hospital that has been recognized by the ,accreditation ,council for ,graduate ,medical ,education as meeting at least the following requirements for their approved medical residency training programs3 7aa7 ,the programs provide mentorships for residents4 7bb7 ,the programs include cultural and structural competency as part of the training of residents under the programs4 7cc7 ,the programs have a demonstrated record of training medical residents in medically underserved areas1 rural areas1 or health professional shortage areas4 7dd7 ,the hospital agrees to promote community-based training of residents under their programs1 as appropriate4 7,,iii7 ,annual limitation for number of residents in ,program ,the ,secretary shall ensure that1 during any #a-year period and across all approved medical residency training programs described in subclause 7,i71 not more than #a1jjj full-time equivalent residents are trained each year4 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 ,medical 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 #acgfjd4 ,administrative funding of the ,rural and ,underserved ,pathway to ,practice ,training ,programs for ,post-,baccalaureate ,students1 ,medical ,students1 and ,medical ,residents ,the ,secretary shall provide for the transfer of #f1jjj1jjj from the ,hospital ,insurance ,trust ,fund established under section #ahag of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i7 and the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of such ,act 7#db ,u4,s4,c4 #aciet71 in addition to amounts otherwise available to remain available until expended1 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 #g ,higher education #acggja4 ,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;,a77iv7 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 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 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 unused credit amounts described under paragraph 7#b77;,a7 and identified pursuant to subsection 7g71 the ,secretary shall reallocate any portion of such unused credit amounts 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#ch71 by striking the period at the end of paragraph 7#ci7 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 #acggjb4 ,modification of excise tax on investment income of private colleges and universities 7a7 ,phaseout of investment income excise tax for private colleges and universities providing sufficient grants and scholarships ,section #difh is amended by adding at the end the following new subsection3 7e7 ,phaseout for institutions providing qualified aid 7#a7 ,in general ,the amount of tax imposed by subsection 7a7 7determined without regard to this subsection7 shall be reduced 7but not below zero7 by the amount which bears the same ratio to such amount of tax 7as so determined7 as-- 7,a7 the excess 7if any7 of-- 7i7 the aggregate amount of qualified aid awards provided by the institution to its first-time1 full-time undergraduate students for academic periods beginning during the taxable year1 over 7ii7 an amount equal to #bj percent of the aggregate undergraduate tuition and fees received by the institution from first-time1 full-time undergraduate students for such academic periods1 bears to 7,b7 an amount equal to #ac percent of such aggregate undergraduate tuition and fees so received4 7#b7 ,institution must meet reporting requirement 7,a7 ,in general ,paragraph 7#a7 shall not apply to an applicable educational institution for a taxable year unless such institution furnishes to the ,secretary1 and makes widely available1 a statement detailing the average aggregate amount of ,federal student loans received by a student for attendance at the institution1 averaged among each of the following groups of first-time1 full-time undergraduate students who during the taxable year completed a course of study for which the institution awarded a baccalaureate degree3 7i7 ,all such students4 7ii7 ,the students who have been awarded a ,federal ,pell ,grant under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife for attendance at the institution4 7iii7 ,the students who received work-study assistance under part ,c of title ,,iv of such ,act for attendance at such institution4 7iv7 ,the students who were provided such ,federal student loans4 7,b7 ,form and manner for report ,such statement shall be furnished at such time and in such form and manner1 and made widely available1 under such regulations or guidance as the ,secretary may prescribe4 7,c7 ,federal student loans ,for purposes of this paragraph1 the term ,federal student loans means a loan made under part ,d of title ,,iv of the ,higher ,education ,act of #aife1 except such term does not include a ,federal ,direct ,,plus ,loan made on behalf of a dependent student4 7#c7 ,other definitions ,for purposes of this subsection-- 7,a7 ,first-time1 full-time undergraduate student ,the term first-time1 full-time undergraduate student shall have the same meaning as when used in section #acb of the ,higher ,education ,act of #aife4 7,b7 ,qualified aid awards ,the term qualified aid awards means1 with respect to any applicable educational institution1 grants and scholarships to the extent used for undergraduate tuition and fees4 7,c7 ,undergraduate tuition and fees ,the term undergraduate tuition and fees means1 with respect to any institution1 the tuition and fees required for the enrollment or attendance of a student as an undergraduate student at the institution4 4 7b7 ,inflation adjustment to per student asset threshold ,section #difh7;b7 is amended by adding at the end the following new paragraph3 7#c7 ,inflation adjustment ,in the case of any taxable year beginning after #bjbb1 the dollar amount in paragraph 7#a77;,d7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 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 #bjba for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,if any increase determined under this paragraph is not a multiple of #a1jjj1 such increase shall be rounded to the nearest multiple of #a1jjj4 4 7c7 ,clarification of #ejj student threshold ,section #difh7;b77#a77;,a7 is amended by inserting below the graduate level after #ejj tuition-paying students4 7d7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acggjc4 ,treatment of ,federal ,pell ,grants for income tax purposes 7a7 ,exclusion from gross income ,section #aag7;b77#a7 is amended by striking received by an individual and all that follows and inserting received by an individual-- 7,a7 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 or 7,b7 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 ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 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 #acggjd4 ,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 ,i ,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 tax rate #achaja4 ,increase in corporate tax rate 7a7 ,in general ,section #aa7;b7 is amended to read as follows3 7b7 ,amount of tax 7#a7 ,in general ,the amount of the tax imposed by subsection 7a7 shall be the sum of-- 7,a7 #ah percent of so much of the taxable income as does not exceed #djj1jjj1 7,b7 #ba percent of so much of the taxable income as exceeds #djj1jjj but does not exceed #e1jjj1jjj1 and 7,c7 #bf4e percent of so much of the taxable income as exceeds #e1jjj1jjj4 ,in the case of a corporation which has taxable income in excess of #aj1jjj1jjj for any taxable year1 the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of 7i7 #c percent of such excess1 or 7ii7 #bhg1jjj4 7#b7 ,certain personal service corporation not eligible for graduated rates ,notwithstanding paragraph 7#a71 the amount of the tax imposed by subsection 7a7 on the taxable income of a qualified personal service corporation 7as defined in section #ddh7;d77#b77 shall be equal to #bf4e percent of the taxable income4 4 7b7 ,proportional adjustment of deduction for dividends received 7#a7 ,in general ,section #bdc7;a77#a7 is amended by striking #ej percent and inserting #fj percent4 7#b7 ,dividends from #bj-percent owned corporations ,section #bdc7;c77#a7 is amended-- 7,a7 prior to amendment by subparagraph 7,b71 by striking #fe percent and inserting #gb4e percent1 and 7,b7 by striking #ej percent and inserting #fj percent4 7c7 ,conforming amendment ,section #aefa is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the component members of a controlled group of corporations on a ,december #ca shall1 for their taxable years which include such ,december #ca1 be limited for purposes of this subtitle to-- 7#a7 amounts in each taxable income bracket in the subparagraphs of section #aa7;b77#a7 which do not aggregate more than the maximum amount in each such bracket to which a corporation which is not a component member of a controlled group is entitled1 and 7#b7 one #bej1jjj 7#aej1jjj if any component member is a corporation described in section #ece7;c77#b77;,b77 amount for purposes of computing the accumulated earnings credit under section #ece7;c77#b7 and 7#c74 ,the amounts specified in paragraph 7#a7 shall be divided equally among the component members of such group on such ,december #ca unless all of such component members consent 7at such time and in such manner as the ,secretary shall by regulations prescribe7 to an apportionment plan providing for an unequal allocation of such amounts4 ,the amounts specified in paragraph 7#b7 shall be divided equally among the component members of such group on such ,december #ca unless the ,secretary prescribes regulations permitting an unequal allocation of such amounts4 ,notwithstanding paragraph 7#a71 in applying the last sentence of section #aa7;b77#a7 to such component members1 the taxable income of all such component members shall be taken into account and any increase in tax under such last sentence shall be divided among such component members in the same manner as amounts under paragraph 7#a74 1 and 7#b7 by striking accumulated earnings credit in the heading and inserting certain multiple tax benefits4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 7e7 ,normalization requirements 7#a7 ,in general ,a normalization method of accounting shall not be treated as being used with respect to any public utility property for purposes of section #afg or #afh of the ,internal ,revenue ,code of #aihf if the taxpayer1 in computing its cost of service for ratemaking purposes and reflecting operating results in its regulated books of account1 reduces the tax reserve deficit less rapidly or to a lesser extent than such reserve would be reduced under the average rate assumption method4 7#b7 ,alternative ,method for ,certain ,taxpayers ,if1 as of the first day of the taxable year that includes the date of enactment of this ,act-- 7,a7 the taxpayer was required by a regulatory agency to compute depreciation for public utility property on the basis of an average life or composite rate method1 and 7,b7 the taxpayer's books and underlying records did not contain the vintage account data necessary to apply the average rate assumption method1 the taxpayer will be treated as using a normalization method of accounting if1 with respect to such jurisdiction1 the taxpayer uses the alternative method for public utility property that is subject to the regulatory authority of that jurisdiction4 7#c7 ,definitions ,for purposes of this subsection-- 7,a7 ,tax reserve deficit ,the term tax reserve deficit means the excess of-- 7i7 the amount which would be the balance in the reserve for deferred taxes 7as described in section #afh7;i77#i77;,a77ii7 of the ,internal ,revenue ,code of #aihf1 or section #afg7l77#c77;,g77ii7 of such ,code as in effect on the day before the date of the enactment of the ,tax ,reform ,act of #aihf7 if the amount of such reserve were determined by assuming that the corporate rate increases provided in the amendments made by this section were in effect for all prior periods1 over 7ii7 the balance in such reserve as of the day before such corporate rate increases take effect4 7,b7 ,average rate assumption method ,the average rate assumption method is the method under which the excess in the reserve for deferred taxes is reduced over the remaining lives of the property as used in its regulated books of account which gave rise to the reserve for deferred taxes4 ,under such method1 if timing differences for the property reverse1 the amount of the adjustment to the reserve for the deferred taxes is calculated by multiplying-- 7i7 the ratio of the aggregate deferred taxes for the property to the aggregate timing differences for the property as of the beginning of the period in question1 by 7ii7 the amount of the timing differences which reverse during such period4 7,c7 ,alternative method ,the alternative method is the method in which the taxpayer-- 7i7 computes the tax reserve deficit on all public utility property included in the plant account on the basis of the weighted average life or composite rate used to compute depreciation for regulatory purposes1 and 7ii7 reduces the tax reserve deficit ratably over the remaining regulatory life of the property4 7#d7 ,treatment of normalization violation ,if1 for any taxable year ending after the date of the enactment of this ,act1 the taxpayer does not use a normalization method of accounting1 such taxpayer shall not be treated as using a normalization method of accounting for purposes of subsections 7f77#b7 and 7i77#i77;,c7 of section #afh of the ,internal ,revenue ,code of #aihf4 7#e7 ,regulations ,the ,secretary of the ,treasury1 or the ,secretary's designee1 shall issue such regulations or other guidance as may be necessary or appropriate to carry out this subsection1 including regulations or other guidance to provide appropriate coordination between this subsection1 section #acjja7;d7 of ,public ,law #aae-ig1 and section #bjc7;e7 of the ,tax ,reform ,act of #aihf4 ,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 thereof 7relating to exemption for certain small businesses71 and 7iii7 any ,s corporation1 real estate investment trust1 or regulated investment company4 7,b7 ,aggregation rule ,for purposes of subparagraph 7,a77i71 all domestic corporations which are members of the same international financial reporting group shall be treated as a single corporation4 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 ,additional members 7i7 ,in general ,to the extent provided by the ,secretary in regulations or other guidance1 the specified domestic corporation referred to in paragraph 7#a7 may elect 7at such time and in such manner as the ,secretary may provide7 for purposes of this subsection to treat any eligible corporation as a member of the international financial reporting group of which such specified domestic corporation is a member if such eligible corporation maintains 7and such specified domestic corporation has 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 corporation4 ,any election under this clause shall apply only with respect to the specified domestic corporation which makes such election4 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 clause74 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 for purposes of subparagraph 7,a77i71 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 ,treatment of intra-group distributions ,the ,,ebitda of any specified domestic corporation shall be determined 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 ,foreign corporations engaged in trade or business within the ,united ,states ,for purposes of this subsection1 any foreign corporation engaged in a trade or business within the ,united ,states shall be treated as a domestic corporation with respect to any earnings1 interest income and interest expense1 or other amount1 which is effectively connected with the conduct of a trade or business in the ,united ,states4 7#h7 ,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 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 and 7ii7 foreign corporation to which this subsection applies by reason of paragraph 7#g74 4 7b7 ,modification of application of limitation on business interest to partnerships and ,s corporations ,section #afc7;j77#d7 is amended to read as follows3 7#d7 ,application to partnerships and ,s corporations ,in the case of any partnership or ,s corporation1 this subsection shall be applied at the partner or shareholder level1 respectively4 4 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 7#a7 ,in general ,the amount of any interest not allowed as a deduction for any taxable year by reason of subsection 7j77#a7 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 7j77#a77 paid or accrued in the succeeding taxable year4 7#b7 ,limitation on carryforward ,interest paid or accrued in a taxable year beginning after ,december #ca1 #bjba 7determined without regard to paragraph 7#a771 shall not be carried forward under paragraph 7#a7 past the fifth taxable year following the taxable year in which such interest was so paid or accrued4 ,for purposes of the preceding sentence1 interest shall be treated as allowed as a deduction on a first-in1 first-out basis4 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 #bjba4 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 #bjba1 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 ,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 #ba4hge percent of the foreign-derived intangible income of such domestic corporation for such taxable year1 plus 7#b7 #cg4e 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 received or accrued which is of a kind which would be foreign personal holding company income 7as defined in section #ied7;c771 7,,viii7 any amount included in the gross income of such corporation under section #abic1 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 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#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 otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 7#b7 ,certain other modifications ,the amendments made by subsection 7c7 shall apply to taxable years beginning after ,december #ca1 #bjag4 7e7 ,transitional rule for accelerated percentage reduction 7#a7 ,in general ,in the case of any taxable year which includes ,december #ca1 #bjba 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 #ba4hge 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 #cg4e 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 portion of such taxable year which precedes ,january #a1 #bjbb1 bears to the entire taxable year1 and 7,b7 the term post-effective date percentage means the ratio that the remainder of such taxable year bears to the entire 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 #bjba4 7c7 ,transition rule ,a taxpayer's first taxable year beginning after ,november #cj1 #bjba1 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 #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 possession4 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 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 #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 ,the provisions of subsections 7a71 7b71 7c71 and 7d7 and sections #ijg and #ifj 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 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 ,controlled foreign corporations ,each controlled 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 in which the taxpayer or any such 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 arrangement subject to tax under the tax law of a country as a resident1 or a person or arrangement that gives rise to a taxable presence by reason of its activities in such country4 ,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 entity1 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 or arrangement 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 does not subject income to tax on the basis of residence or 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 separate country4 ,for purposes of the preceding sentence1 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 entities1 arrangements1 and branches that are otherwise considered a resident of more than one country or 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 recapture of overall foreign loss ,section #ijd7;f77#e77;,e77i7 is amended by inserting applied separately with respect to each country 7within the meaning of subsection 7e77 as provided in subsection 7e7 before the period at the end4 7#c7 ,application of separate limitation losses with respect to global intangible low-taxed income ,section #ijd7;f77#e7 is amended by adding at the end the following new subparagraph3 7,g7 ,special rule with respect to global intangible low-taxed income ,the amount of the separate limitation losses for any taxable year shall reduce income described in subparagraph 7d77#a77;,a7 for such taxable year only to the extent the aggregate amount of such losses exceeds the aggregate amount of the separate limitation incomes for such taxable year4 ,for purposes of this subparagraph1 separate limitation income shall exclude income described in subparagraph 7d77#a77;,a7 for the taxable year4 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 #bje7;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 of a ,united ,states person which is attributable to #a or more branches 7which would be referred to in clause 7iv7 of section #ijd7;e77#b77;,b7 if such clause were applied without regard to any reference to a controlled foreign corporation7 or pass-through entities 7which would be referred to in clause 7iii7 of section #ijd7;e77#b77;,b7 if such clause were applied without regard to any reference to a controlled foreign corporation7 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 ,conforming amendments 7,a7 ,section #ijd7;d77#b77;,a77ii7 is amended by striking 1 foreign branch income14 7,b7 ,section #ijd7;d77#b7 is amended by striking subparagraph 7,j74 7c7 ,modification of foreign tax credit carryback and carryforward 7#a7 ,carryover limited to #e taxable years 7,a7 ,in general ,section #ijd7;c7 is amended by striking #aj succeeding taxable years and inserting #e succeeding taxable years4 7,b7 ,conforming amendment ,section #feaa7;d77#c77;,a7 is amended by striking #aj years and inserting #e years4 7#b7 ,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#c7 ,carryover applicable to tax on global intangible low-taxed income ,section #ijd7;c7 is amended by striking the last sentence4 7#d7 ,application to limitation on foreign oil and gas taxes ,section #ijg7;f77#a7 is amended-- 7,a7 by striking in the first preceding taxable year and1 and 7,b7 by striking first #aj and inserting first #e4 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 by-- 7,a7 allocating any deduction allowed under section #bej to such income1 and 7,b7 by treating any expense of such domestic corporation as not allocable to such income4 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 for purposes of 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 the 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 the prevent the avoidance of1 the purposes of this paragraph4 4 7g7 ,redetermination of foreign taxes and related claims 7#a7 ,in general ,section #ije7;c77#a7 is amended 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 chapter4 4 7#b7 ,modification to time for claiming credit or deduction ,section #ija7;a7 is amended by striking the second sentence and inserting the following3 ,the choice to claim a credit for such amounts may be made at any time before the expiration of the period prescribed by section #feaa7;d77#c77;,a71 and the choice to claim a deduction in lieu of a credit may be made at any time before the expiration of the period prescribed by section #feaa7;a71 for making a claim for refund or credit of the tax imposed by this chapter for such taxable year1 or such later period prescribed by section #feaa7;c7 if the period is extended by agreement44 7#c7 ,modification to special period of limitation ,section #feaa7;d77#c77;,a7 is amended-- 7,a7 by inserting change in the liability for before any taxes paid or accrued1 7,b7 by striking actually paid and inserting paid 7or deemed paid under section #ifj71 and 7,c7 by inserting change in the liability for before foreign taxes in the heading thereof4 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 #bjba4 7#b7 ,modification of foreign tax credit carryback and carryforward ,except as otherwise provided in paragraph 7#c71 the amendments made by subsection 7c7 shall apply to taxes paid or accrued in taxable years beginning after ,december #ca1 #bjba4 7#c7 ,certain modifications ,the amendment made by subsection 7c77#d77;,b7 shall apply to taxable years of foreign corporations beginning after ,december #ca1 #bjag1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7#d7 ,redetermination of foreign taxes and related claims ,the amendments made by subsection 7g7 shall take effect on the date which is #fj days after the date of the enactment of this ,act4 7i7 ,regulations ,the ,secretary shall prescribe rules providing for the application of subsection 7e7 of section #ijd of the ,internal ,revenue ,code of #aihf1 as added by this section1 to any amounts carried over under subsection 7c7 of such section from a taxable year with respect to which such subsection 7e7 did not apply to a taxable year with respect to which such subsection 7e7 does 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 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 #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 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-- 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 country with respect to which any ,,cfc taxable unit of such shareholder is a tax resident1 and 7,b7 for purposes of determining such separate amounts of global intangible low-taxed income-- 7i7 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 each ,,cfc taxable unit of such shareholder which is 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 clause 7ii71 7iii71 or 7iv7 of section #ijd7;e77#b77;,b7 7determined without regard to the references to the taxpayer in clauses 7iii7 and 7iv7 of such section74 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 such section4 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 and 7#c7 appropriate adjustments to the basis of stock and other ownership interests1 and to earnings and profits1 to reflect tested losses4 4 7#b7 ,conforming amendment ,section #iea;,a7d7 is amended by striking paragraph 7#d74 7#c7 ,additional regulatory authority ,section #iea;,a7h71 as added by paragraph 7#a71 is amended by striking and at the end of paragraph 7#b71 by striking the period at the end of paragraph 7#c7 and inserting a comma1 and by adding at the end the following new paragraphs3 7#d7 rules similar to the rules provided under the regulations or guidance issued under section #ijd7;e77#e71 7#e7 appropriate basis adjustments1 and 7#f7 appropriate adjustment to made1 and appropriate tax attributes and records to be maintained1 separately with respect to ,,cfc taxable units4 4 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 paragraph7 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;,a7 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 #ifb and such other sections 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 #bjba1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7#b7 ,certain related modifications ,the amendments made by subsections 7b77#a71 7b77#b71 and 7f7 shall apply to taxable years of foreign corporations beginning after ,december #ca1 #bjag1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 #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 ,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 corporation1 such shareholder's pro rata share 7as determined under section #iea;,a7e77#a77 of-- 7,a7 the foreign income taxes 7within the meaning of section #ijd7;d77#b77;,f77 which are properly attributable to amounts taken into account in determining tested income or tested loss under section #iea;,a7b77#b71 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 such 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;,a7b77#b71 and 7ii7 no credit is allowed1 in whole or in part1 for such foreign taxes in any foreign jurisdiction4 4 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 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 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 7#b7 ,application of foreign tax credit limitation to amounts included under section #gh ,the amendments made by subsection 7c7 shall apply to taxable years beginning after ,december #ca1 #bjag4 #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 #ieg1 and #ife7 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 sections #iea;,a and #ife 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;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 controlled foreign corporation with respect to all ,united ,states shareholders of such foreign corporation4 7,b7 ,exceptions ,notwithstanding subparagraph 7,a71 such foreign corporation shall not be treated as a controlled foreign corporation for purposes of section #iea;,b7c7 or for any other purpose if the ,secretary determines that treatment of such foreign corporation as a controlled foreign corporation for such purpose 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 of assets described in section #cha7;a7 from any corporation with respect 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 ,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;,a7b77#a7 is amended by striking with respect to such corporation4 7#b7 ,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#c7 ,section #bde;,a7e77#a7 is amended-- 7,a7 by striking any dividend and inserting any hybrid dividend1 and 7,b7 by striking if the dividend is a hybrid dividend4 7#d7 ,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 provisions 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 dispositions to related parties which-- 7i7 are not made in the ordinary course of a trade or business1 and 7ii7 are made 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 the ,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 7#e7 ,section #bdf7;b77#a7 is amended to read as follows3 7#a7 ,general rule ,except as provided in paragraph 7#b71 the aggregate amount of the deductions allowed by section #bdc7;a77#a7 and subsection 7a7 and 7b7 of section #bde shall not exceed the percentage determined under paragraph 7#c7 of the taxable income computed without regard to the deductions allowed by section #agb1 section #bdc7;a77#a71 subsections 7a7 and 7b7 of section #bde1 and section #bej1 without regard to any adjustment under section #ajei1 and without regard to any capital loss carryback to the taxable year under section #abab7;a77#a74 4 7#f7 ,section #bdf7;c77#a7 is amended by striking section #bdc and all that follows through #bde;,a and inserting section #bdc1 #bde1 or #bde;,a4 7#g7 ,for purposes of section #gh of the ,internal ,revenue ,code of #aihf1 as in effect on the day before the enactment of ,public ,law #aae-ig1 with respect to taxable years of foreign corporations beginning before ,january #a1 #bjah1 and ending after ,december #ca1 #bjag1 any reference to section #bde of such ,code shall be treated as including a reference to section #bde;,a of such ,code 7as added by such ,public ,law74 7d7 ,effective dates 7#a7 ,in general ,the amendment made by subsection 7a7 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-- 7,a7 the last taxable year of foreign corporations beginning before ,january #a1 #bjah1 and each subsequent taxable year of such foreign corporations1 and 7,b7 taxable years of ,united ,states persons in which or with which such taxable years of foreign corporations end4 7#c7 ,certain other modifications ,the amendments made by subsection 7c7 shall apply to distributions made after ,december #ca1 #bjag4 #achabi4 ,limitation on foreign base company sales and services income 7a7 ,foreign base company sales income ,section #ied7;d77#b7 is amended to read as follows3 7#b7 ,limitation 7,a7 ,in general ,for purposes of this subsection1 the term related person shall not include any person unless such person is a taxable unit 7within the meaning of section #ijd7;e77 which is a tax resident of 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 paragraph1 including regulations or other guidance providing for the proper application of subparagraph 7,a7 in the case of a series of transactions in which a person described in subparagraph 7,a7 is a party4 4 7b7 ,foreign base company services income ,section #ied7;e77#a77;,a7 is amended by striking subsection 7d77#c7 and inserting subsection 7d74 7c7 ,certain other modifications 7#a7 7,a7 ,section #iea7;a77#a7 is amended-- 7i7 by striking the last day in the matter preceding subparagraph 7,a7 and inserting any day1 7ii7 by striking his each place it appears and inserting such shareholder's1 and 7iii7 by inserting 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 before the amount in subparagraph 7,b74 7,b7 ,section #iea7;a7 is amended by striking paragraph 7#b7 and inserting the following new paragraphs3 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 ,any amount treated as the foreign-source portion of a dividend under section #bde;,a7g7 shall be treated as nontaxed current dividends for purposes of this paragraph4 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,c7 ,section #iea;,a7e77#a7 is amended by striking determined under the rules of section #iea7;a77#b7 in the same manner as such section applies to subpart ,f income and inserting determined under rules similar to the rules of section #iea7;a77#b74 7,d7 ,section #iea;,a7e77#b7 is amended to read as follows3 7#b7 ,treatment as ,united ,states shareholder ,a person shall be treated as a ,united ,states shareholder of a controlled foreign corporation for any taxable year of such person if such person-- 7,a7 is a ,united ,states shareholder of such foreign corporation on any day in such taxable year1 and 7,b7 owns 7within the meaning of section #ieh7;a77 stock in such foreign corporation on any day in such taxable year which is part of a taxable year of such foreign corporation with respect to which such foreign corporation is a controlled foreign corporation4 4 7,e7 ,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#b7 ,section #gh is amended by striking 1 7b714 7d7 ,certain related prospective modifications ,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#b74 ,the preceding sentence shall not apply with respect to any stock or property to which subsection 7a7 or 7b7 applies4 4 7e7 ,effective dates 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 #bjba1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7#b7 ,certain other modifications 7,a7 ,the amendments made by subsection 7c77#a7 shall apply to distributions made after ,december #ca1 #bjag4 7,b7 ,the amendment made by subsection 7c77#b7 apply to taxable years of foreign corporations beginning after ,december #ca1 #bjag1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 ,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 subsection1 the term applicable percentage means-- 7,a7 in the case of any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbd1 #aj percent1 7,b7 in the case of any taxable year beginning after ,december #ca1 #bjbc1 and before ,january #a1 #bjbf1 #ab4e percent1 and 7,c7 in the case of any taxable year beginning after ,december #ca1 #bjbe1 #ae 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 ,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#f7 ,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 tax benefits ,any base erosion tax benefit shall be determined without regard to any base erosion payment described in paragraphs 7#a7 through 7#d7 of subsection 7d71 including for purposes of determining the adjusted basis of property described in subsection 7d77#b74 7,b7 ,base erosion basis 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 applied-- 7i7 by substituting modified taxable income for taxable income in subsection 7a77#b77;,b77ii77,i7 thereof1 7ii7 by determining any net operating loss arising in any taxable year beginning after ,december #ca1 #bjba1 without regard to any deduction which is a base erosion tax benefit 7determined with respect to each such taxable year71 and 7iii7 by making appropriate adjustments in the application of subsection 7b77#b7 thereof to take into account clause 7i7 of this subparagraph as though such clause applied with respect to taxable years beginning after ,december #ca1 #bjba 7but by applying section #agb7;e7 for purposes of determining the amount of modified taxable income74 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 the property acquired with such payment1 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 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 accrued 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 7,b7 ,certain indirect costs of foreign related parties ,such term shall also include so much of any amount paid or accrued by the taxpayer to a foreign person which is a related party of the taxpayer in connection with the acquisition by the taxpayer from such foreign person of property which is inventory in the hands of the taxpayer 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 accrued 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 subtitle4 7,c7 ,application to tiered 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 paid or accrued 7directly or indirectly7 to a ,united ,states person or a person which is not a related party of the taxpayer4 7,d7 ,safe harbor with respect 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 4 7#c7 ,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 ,an amount shall not be treated as a base erosion payment if tax is imposed by this subtitle with respect to such amount4 ,the amount not treated as a base erosion payment by reason of the preceding sentence 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 subject to an effective rate of foreign income tax 7as defined in section #ijd7;d77#b77;,f77 which is not less than the applicable percentage in effect under subsection 7b77#b7 for the taxable year in which such amount is paid or accrued4 ,except as otherwise provided by the ,secretary under subparagraph 7,b71 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,b7 ,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 ,repeal of exemption from base erosion and anti-abuse tax for taxpayers with low base erosion percentage ,section #ei;,a7e77#a77;,c7 is amended by inserting in the case of any taxable year beginning before ,january #a1 #bjbd1 before the base erosion percentage4 7d7 ,other modifications 7#a7 ,section #ei;,a7h77#b77;,b7 is amended by striking section #fjch;,b7b77#b7 and inserting section #fjch;,a7b77#b74 7#b7 ,section #ei;,a7j77#b71 as redesignated by subsection 7b71 is amended by striking subsection 7g77#c7 and inserting subsection 7h77#c74 7e7 ,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 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 partnership1 as provided in section #gda1 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 two corporations described in subsection 7b77#c71 no loss shall be recognized on the stock or securities of the liquidating corporation in a complete liquidation to which section #cca applies until the other corporation receiving property distributed in such liquidation with respect to such stock or in exchange for such securities has disposed of substantially all property such other corporation received in such liquidation to one or more persons who are not related to such other corporation 7within the meaning of subsection 7b77#c7 or section #gjg7;b77#a774 7#b7 ,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 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 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 subsection 7b77#c7 and subsection 7c77#c7 shall not apply to so much of the money and other property transferred to creditors as equals an amount equal to 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 7ii7 in the case of subsection 7b77#c71 the total amount of money and the fair market value of other property 7including stock described in section #ced7;a77#b77;,c77 transferred to the creditors1 and 7iii7 in the case of subsection 7c77#c71 the total principal amount of securities of the controlled corporation which is 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 as may be necessary or appropriate to prevent avoidance of tax through abuse 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 #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 paragraphs3 7#h7 ,specified partnership interest income equivalent payments 7,a7 ,in general ,for purposes of this subsection1 any payment made pursuant to a sale-repurchase transaction1 or a specified notional principal contract1 that is determined by reference to 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 7,b7 ,specified partnership ,for purposes of this paragraph1 the term specified partnership means-- 7i7 any publicly-traded partnership 7as defined in subsection 7b7 of section #ggjd7 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 ,excepted contracts ,subparagraph 7,a7 shall not apply to any contract or transaction 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 the income or gain from which would 7but for this paragraph7 be-- 7,i7 exempt from taxes under this subtitle1 or 7,,ii7 treated as income from sources without the ,united ,states if paid to a nonresident alien individual4 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#f7 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#i7 ,other rules relating to treatment of dividend equivalents 7,a7 ,in general ,a dividend equivalent amount under this subsection shall be treated as a dividend paid by a domestic corporation4 7,b7 ,rate of tax for publicly traded partnership income payments ,in the case of a payment treated as a dividend equivalent pursuant to paragraph 7#h71 the rate of tax imposed on any nonresident alien individual or foreign corporation with respect to such payment shall not be less than the rate that would be imposed had such individual or foreign corporation1 as the case may be1 received a dividend from a domestic corporation in which such individual or foreign corporation owned less than #a percent 7by vote or value7 of the stock4 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 ,deemed dividend equivalent payments in case of certain publicly traded partnerships ,the ,secretary may prescribe regulations1 under rules similar to the rules of section #addf7;f71 to determine the manner in which the amount of income and gain is determined for purposes of this section in the case of amounts treated as a dividend equivalent under section #hga7m77#h74 4 7c7 ,effective date ,the amendments made by this section shall apply to payments made on or after the date that is #ahj days after the date of the enactment of this ,act4 #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 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 #achadh4 ,certain dividends from controlled foreign corporations to ,united ,states shareholders 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 from controlled foreign corporations to ,united ,states shareholders 7#a7 ,in general ,except as otherwise provided by the ,secretary1 any disqualified ,,cfc dividend shall be treated as an extraordinary dividend to which paragraph 7#a7 and 7#b7 of subsection 7a7 applies 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 subsection1 the term disqualified ,,cfc dividend means any dividend paid by a controlled foreign corporation to a taxpayer which is a ,united ,states shareholder of such foreign corporation if-- 7,a7 such dividend is attributable to earnings and profits which-- 7i7 were earned by such controlled foreign corporation during a disqualified period1 or 7ii7 are attributable to gain on property which accrued during a disqualified period4 7#c7 ,disqualified period ,for purposes of this subsection1 the term disqualified period means1 with respect to any dividend paid with respect to any stock of a controlled foreign corporation1 any period during which-- 7,a7 such foreign corporation was not a controlled foreign corporation1 or 7,b7 such stock was not owned by a ,united ,states shareholder4 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 distributions made after the date of the enactment of this ,act4 #achadi4 ,modification of rules for partnership interests held in connection with the performance of services 7a7 ,in general ,section #ajfa is amended by striking subsections 7a7 and 7b7 and inserting the following new subsections3 7a7 ,in general ,if one or more applicable partnership interests are held by a taxpayer at any time during the taxable year1 the taxpayer's net applicable partnership gain for such taxable year shall be treated as short-term capital gain4 7b7 ,net applicable partnership gain ,for purposes of this section-- 7#a7 ,in general ,the term net applicable partnership gain means-- 7,a7 the taxpayer's net long-term capital gain determined by only taking into account gains and losses with respect to one or more applicable partnership interests described in subsection 7a71 and 7,b7 any other amounts which are-- 7i7 includible in the gross income of the taxpayer with respect to one or more such applicable partnership interests1 and 7ii7 treated as capital gain or subject to tax at the rate applicable to capital gain4 7#b7 ,holding period exception 7,a7 ,in general ,net applicable partnership gain shall be determined without regard to any amount which is realized after the date that is #e years after the latest of3 7i7 ,the date on which the taxpayer acquired substantially all of the applicable partnership interest with respect to which the amount is realized4 7ii7 ,the date on which the partnership in which such applicable partnership interest is held acquired substantially all of the assets held by such partnership4 7iii7 ,if the partnership described in clause 7i7 owns1 directly or indirectly1 interests in one or more other partnerships1 the dates determined by applying rules similar to the rules in clauses 7i7 and 7ii7 in the case of each such other partnership4 7,b7 ,shorter holding period in certain circumstances ,subparagraph 7,a7 shall be applied by substituting #c years for #e years in the case of-- 7i7 a taxpayer 7other than a trust or estate7 with an adjusted gross income 7determined without regard to sections #iaa1 #ica and #icc7 of less than #djj1jjj1 and 7ii7 any income with respect to any applicable partnership interest that is attributable to a real property trade or business within the meaning of section #dfi7;c77#g77;,c74 7iii7 ,the ,secretary is directed to provide guidance regarding determination of the amount described in subsection 7a7 as applied in paragraph 7#a7 hereof1 and any necessary and appropriate reporting by any partnership to carry out the purposes of this section4 -- 7#c7 ,section #hc to not apply ,this section shall be applied without regard to section #hc and any election in effect under section #hc7;b74 7#d7 ,special rule ,to the extent provided by the ,secretary1 subsection 7a7 shall not apply to income or gain attributable to any asset not held for portfolio investment on behalf of third party investors4 4 7b7 ,modifications related to definition of applicable partnership interest ,section #ajfa7;c7 is amended-- 7#a7 in paragraph 7#a71 by striking to such other entity and inserting with respect to a trade or business that is not an applicable trade or business1 7#b7 in paragraph 7#c71 by striking an interest in a partnership to the extent of the partnership's proportionate interest in any of the foregoing and inserting except as otherwise provided by the ,secretary1 an interest in a partnership if such partnership has a direct or indirect interest in any of the foregoing1 and 7#c7 in paragraph 7#d7-- 7,a7 by striking ,the term and inserting ,except as otherwise provided by the ,secretary1 the term1 and 7,b7 in subparagraph 7,a71 by striking corporation and inserting ,c corporation4 7c7 ,recognition of gain on transfers of applicable partnership interests to unrelated parties ,section #ajfa7;d7 is amended to read as follows3 7d7 ,transfer of applicable partnership interest ,if a taxpayer transfers any applicable partnership interest1 gain shall be recognized notwithstanding any other provision of this subtitle4 4 7d7 ,regulations ,section #ajfa7;e7 is amended by striking the period at the end and inserting the following3 1 including regulations or other guidance to-- 7#a7 to prevent the avoidance of the purposes of this section1 including through the distribution of property by a partnership and through carry waivers1 and 7#b7 to provide for the application of this section to financial instruments1 contracts or interests in entities other than partnerships to the extent necessary or appropriate to carry out the purposes of this section4 4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achaej4 ,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 on or 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 written binding contract which was in effect on ,september #ab1 #bjba1 and is not modified in any material respect thereafter4 #achaea4 ,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 ,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 #achaeb4 ,rules relating to common control 7a7 ,clarification of trade or business ,section #eb7;b7 is amended by adding at the end the following new sentence3 ,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;c74 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achaec4 ,wash sales by related parties2 wash sales of specified assets 7a7 ,application of wash sale rules to related parties ,section #ajia7;a7 is amended by striking the taxpayer has acquired and inserting the taxpayer 7or a related party7 has acquired4 7b7 ,modification of basis adjustment rule to prevent transfer of losses to related parties ,section #ajia7;d7 is amended to read as follows3 7d7 ,adjustment to basis in case of wash sale ,if the taxpayer 7or the taxpayer's spouse7 acquires 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 7c7 ,related party ,section #ajia is amended by adding at the end the following new subsection3 7g7 ,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 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,e7 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,f7 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 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 exchange4 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 4 7d7 ,wash sale rules to apply with respect to specified assets 7#a7 ,specified assets ,section #ajia1 as amended by the preceding provisions of this section1 is amended by adding at the end the following new subsection3 7h7 ,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 ,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 sell any specified assets4 4 7#b7 ,conforming amendments ,section #ajia is amended-- 7,a7 by striking the last sentence of subsection 7a71 7,b7 by striking stock or securities each place it appears and inserting specified assets1 and 7,c7 by striking shares of each place it appears in subsections 7a71 7b71 and 7c74 7e7 ,exception for business needs and hedging transactions ,section #ajia1 as amended by the preceding provisions of this section1 is amended by adding at the end the following new subsection3 7i7 ,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 7f7 ,effective date ,the amendments made by this section shall apply to sales and other dispositions after ,december #ca1 #bjba4 #b ,tax increases for high-income individuals #achbja4 ,increase in top marginal individual income tax rate 7a7 ,re-establishment of #ci4f percent rate bracket 7#a7 ,married individuals filing joint returns and surviving spouses ,the table contained in section #a7;j77#b77;,a7 is amended by striking the last two rows and inserting the following3 ,over #djj1jjj but not over #dej1jjjia1cgi1 plus #ce of the excess over #djj1jjj ,over #dej1jjjajh1hgi1 plus #ci4f of the excess over #dej1jjj4 4 7#b7 ,heads of households ,the table contained in section #a7;j77#b77;,b7 is amended by striking the last two rows and inserting the following3 ,over #bjj1jjj but not over #dbe1jjjdd1bih1 plus #ce of the excess over #bjj1jjj ,over #dbe1jjjabc1jdh1 plus #ci4f of the excess over #dbe1jjj4 4 7#c7 ,unmarried individuals other than surviving spouses and heads of households ,the table contained in section #a7;j77#b77;,c7 is amended by striking the last two rows and inserting the following3 ,over #bjj1jjj but not over #djj1jjjde1fhi4ej1 plus #ce of the excess over #bjj1jjj ,over #djj1jjjaae1fhi4ej1 plus #ci4f of the excess over #djj1jjj4 4 7#d7 ,married individuals filing separate returns ,the table contained in section #a7;j77#b77;,d7 is amended by striking the last two rows and inserting the following3 ,over #bjj1jjj but not over #bbe1jjjde1fhi4ej1 plus #ce of the excess over #bjj1jjj ,over #bbe1jjjed1dci4ej1 plus #ci4f of the excess over #bbe1jjj4 4 7#e7 ,estates and trusts ,the table contained in section #a7;j77#b77;,e7 is amended by striking the last row and inserting the following3 ,over #ab1ejjc1jaa4ej1 plus #ci4f of the excess over #ab1ejj4 4 7b7 ,application of adjustments ,section #a7;j77#c7 is amended to read as follows3 7#c7 ,adjustments ,for taxable years beginning after ,december #ca1 #bjba1 the ,secretary shall prescribe tables which shall apply in lieu of the tables contained in paragraph 7#b7 in the same manner as under paragraphs 7#a7 and 7#b7 of subsection 7f7 7applied without regard to clauses 7i7 and 7ii7 of subsection 7f77#b77;,a71 except that in prescribing such tables-- 7,a7 except as provided in subparagraph 7,b71 subsection 7f77#c7 shall be applied by substituting calendar year #bjag for calendar year #bjaf in subparagraph 7,a77ii7 thereof1 7,b7 in the case of adjustments to the dollar amounts at which the #ci4f percent rate bracket begins 7other than such dollar amount in paragraph 7#b77;,e77-- 7i7 no adjustment shall be made for taxable years beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbc1 and 7ii7 in the case of any taxable year beginning after ,december #ca1 #bjbb1 subsection 7f77#c7 shall be applied by substituting calendar year #bjba for calendar year #bjaf1 7,c7 subsection 7f77#g77;,b7 shall apply to any unmarried individual other than a surviving spouse1 and 7,d7 subsection 7f77#h7 shall not apply4 4 7c7 ,modification to #ci4f percent rate bracket for high-income taxpayers after #bjbe ,section #a7;i77#c7 is amended to read as follows3 7#c7 ,modifications to #ci4f percent rate bracket ,in the case of taxable years beginning after ,december #ca1 #bjbe-- 7,a7 ,in general ,the rate of tax under subsections 7a71 7b71 7c71 and 7d7 on a taxpayer's taxable income in excess of the #ci4f percent rate bracket threshold shall be taxed at a rate of #ci4f percent4 7,b7 #ci4f percent rate bracket threshold ,for purposes of this paragraph1 the term #ci4f percent rate bracket threshold means-- 7i7 in the case any taxpayer described in subsection 7a71 #dej1jjj1 7ii7 in the case of any taxpayer described in subsection 7b71 #dbe1jjj1 7iii7 in the case of any taxpayer described in subsection 7c71 #djj1jjj1 and 7iv7 in the case of any taxpayer described in subsection 7d71 #bbe1jjj4 7,c7 ,inflation adjustment ,for purposes of this paragraph1 with respect to taxable years beginning in calendar years after #bjbe1 each of the dollar amounts in subparagraph 7,b7 shall be adjusted in the same manner as under paragraph 7#a77;,c77i71 except that subsection 7f77#c77;,a77ii7 shall be applied by substituting #bjba for #bjaf4 4 7d7 ,conforming amendments 7#a7 ,section #a7;j77#a7 is amended by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjba4 7#b7 ,the heading of section #a7;j7 is amended by striking #bjah and inserting #bjbb4 7#c7 ,the heading of section #a7;i7 is amended by striking ,rate reductions and inserting ,modifications 7#d7 ,section #ae7;f7 is amended by striking rate reductions and inserting modifications4 7e7 ,section #ae not to apply ,for rules providing that section #ae of the ,internal ,revenue ,code of #aihf does not apply to the amendments made by this section1 see sections #a7;j77#f7 and #ae7;f7 of the ,internal ,revenue ,code of #aihf4 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achbjb4 ,increase in capital gains rate for certain high income individuals 7a7 ,in general ,section #a7;h77#a77;,d7 is amended by striking #bj percent and inserting #be percent4 7b7 ,re-alignment of #be percent capital gains rate threshold with #ci4f percent income tax rate threshold ,section #a7;j77#e7 is amended-- 7#a7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following new subparagraphs3 7,a7 ,in general ,section #a7;h77#a7 shall be applied by substituting below the maximum zero rate amount for which would 7without regard to this paragraph7 be taxed at a rate below #be percent in subparagraph 7,b77i74 7,b7 ,maximum zero rate amount defined ,for purposes of applying section #a7;h7 with the modifications described in subparagraph 7,a71 the maximum zero rate amount shall be-- 7i7 in the case of a joint return or surviving spouse1 #gg1bjj1 7ii7 in the case of an individual who is a head of household 7as defined in section #b7;b771 #ea1gjj1 7iii7 in the case of any other individual 7other than an estate or trust71 an amount equal to of the amount in effect for the taxable year under subclause 7,i71 and 7iv7 in the case of an estate or trust1 #b1fjj4 1 and 7#b7 by striking each of the dollar amounts in clauses 7i7 and 7ii7 in subparagraph 7,c7 and inserting each dollar amount in clause 7i71 7ii71 or 7iv74 7c7 ,conforming amendments 7#a7 ,section #ee7;b77#c7 is amended by striking subparagraph 7,d7 and redesignating subparagraph 7,e7 as subparagraph 7,d74 7#b7 ,the following provisions are each amended by striking #bj percent and inserting #be percent3 7,a7 ,section #eca4 7,b7 ,section #eda4 7,c7 ,section #adde7;e77#a74 7,d7 ,section #adde7;e77#f74 7,e7 ,the second sentence of section #geah7;g77#f77;,a74 7#c7 ,section #eceaa7;f77#b7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,maximum tax rate ,for that portion of a nonqualified withdrawal made from the capital gain account during a taxable year to which section #a7;h7 of such ,code 7#bf ,u4,s4,c4 #a7;h77 applies1 the tax rate used under paragraph 7#a77;,b7 may not exceed #be percent4 4 7d7 ,section #ae not to apply ,the amendments made by this section shall not be treated as a change in a rate of tax for purposes of section #ae of the ,internal ,revenue ,code of #aihf4 7e7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years ending after ,september #ac1 #bjba4 7#b7 ,re-alignment of #be percent capital gains rate threshold with #ci4f percent income tax rate threshold ,the amendments made by subsection 7b7 shall apply to taxable years beginning after ,december #ca1 #bjba4 7#c7 ,withholding under sections #adde and #addf ,the amendments made by subparagraphs 7,c7 and 7,d7 of subsection 7c77#b7 shall apply to dispositions after the date of the enactment of this ,act4 7f7 ,transitional rules for taxable years which include ,september #ac1 #bjba 7#a7 ,in general ,for purposes of applying section #a7;h7 of the ,internal ,revenue ,code of #aihf with respect to any taxable year which includes ,september #ac1 #bjba1 the amount determined under subparagraph 7,d7 of section #a7;h77#a7 of such ,code shall be the sum of-- 7,a7 #bj percent of the lesser of-- 7i7 the amount on which a tax is determined under such subparagraph 7,d7 7without regard to this subsection71 or 7ii7 the amount 7if any7 of net capital gain determined by taking into account only dividends1 gains1 and losses for the portion of the taxable year on or before ,september #ac1 #bjba 7determined without regard to collectibles gain or loss1 gain described in section #a7;h77#f77;,a77i7 of such ,code1 and section #abjb gain71 plus-- 7,b7 #be percent of the excess 7if any7 of the amount described in subparagraph 7,a77i7 over the amount described in subparagraph 7,a77ii74 7#b7 ,special rule for binding contracts entered into prior to ,september #ac1 #bjba ,for purposes of paragraph 7#a71 a gain recognized in the taxable year that includes ,september #ac1 #bjba1 shall be treated as being with respect to the portion of such taxable year on or before such date if such gain arises from a transaction which occurs pursuant to a written binding contract entered into on or before such date 7and which is not modified thereafter in any material respect74 7#c7 ,alternative minimum tax ,rules similar to the rules of paragraph 7#a7 shall apply for purposes of applying section #ee7;b77#c7 of such ,code4 7#d7 ,application to pass-thru entities ,in applying this subsection with respect to any pass-thru entity1 the determination of when dividends1 gains1 and losses are properly taken into account shall be made at the entity level4 7#e7 ,definitions of certain terms ,terms used in this subsection which are also used in section #a7;h7 of such ,code shall have the respective meanings that such terms have in such section4 #achbjc4 ,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 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 ,wages subject to ,,fica not taken into account ,section #adaa7;c77#f7 is amended by inserting or wages received with respect to employment on which a tax is imposed under section #caja7;b7 before the period at the end4 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 distributions of amounts previously included in gross income for purposes of chapter #a but not previously subject to tax under this section4 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 #achbjd4 ,limitation on deduction of qualified business income for certain high income individuals 7a7 ,in general ,section #aii;,a7a7 is amended by striking or at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 or1 and by adding at the end the following new paragraph3 7#c7 the following amount3 7,a7 #ejj1jjj in the case of a joint return or surviving spouse 7as defined in section #b7;a771 7,b7 #djj1jjj in the case of any taxpayer not described in subparagraph 7,a71 7,c71 or 7,d71 7,c7 #bej1jjj in the case of a married individual filing a separate return1 or 7,d7 #aj1jjj in the case of an estate or trust4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achbje4 ,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 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #achbjf4 ,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 #c percent of so much of the modified adjusted gross income of the taxpayer as exceeds-- 7#a7 #e1jjj1jjj1 in the case of any taxpayer not described in paragraph 7#b7 or 7#c71 7#b7 #b1ejj1jjj1 in the case of a married individual filing a separate return1 and 7#c7 #ajj1jjj1 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;d774 ,in the case of an estate or trust1 adjusted gross income shall be determined as provided in section #fg7;e74 7c7 ,special rules 7#a7 ,nonresident alien ,in the case of a nonresident alien individual1 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 ,the dollar amount applicable to any taxpayer under paragraph 7#a71 7#b71 or 7#c7 of subsection 7a7 7as the case may be7 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 or for purposes of section #ee4 4 7b7 ,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 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achbjg4 ,termination of temporary increase in unified credit 7a7 ,in general ,section #bjaj7;c77#c7 of the ,internal ,revenue ,code of #aihf is amended by striking subparagraph 7,c74 7b7 ,effective date ,the amendment made by this section shall apply to estates of decedents dying and gifts made after ,december #ca1 #bjba4 #achbjh4 ,increase in limitation on estate tax valuation reduction for certain real property used in farming or other trades or businesses 7a7 ,in general ,section #bjcb;,a7a77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking #gej1jjj and inserting #aa1gjj1jjj4 7b7 ,inflation adjustment ,section #bjcb;,a7a77#c7 of such ,code is amended-- 7#a7 by striking #gej1jjj both places it appears and inserting #aa1gjj1jjj1 7#b7 by striking #aiih in the matter preceding subparagraph 7,a7 and inserting #bjba1 and 7#c7 by striking #aiig in subparagraph 7,b7 and inserting #bjbj4 7c7 ,effective date ,the amendments made by this section shall apply to the estates of decedents dying after ,december #ca1 #bjba4 #achbji4 ,certain tax rules applicable to grantor trusts 7a7 ,application of transfer taxes 7#a7 ,in general ,subtitle ,b of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new chapter3 #af ,special ,rules for ,grantor ,trusts ,sec4 #bija4 ,application of transfer taxes4 #bija4 ,application of transfer taxes 7a7 ,in general ,in the case of any portion of a trust with respect to which the grantor is the deemed owner-- 7#a7 the value of the gross estate of the deceased deemed owner of such portion shall include all assets attributable to that portion at the time of the death of such owner1 7#b7 any distribution 7other than to the deemed owner or the deemed owner's spouse7 from such portion to one or more beneficiaries during the life of the deemed owner of such portion 7other than in discharge of an obligation of the deemed owner7 shall be treated as a transfer by gift for purposes of chapter #ab1 7#c7 if at any time during the life of the deemed owner of such portion1 such owner ceases to be treated as the owner of such portion under subpart ,e of part #a of subchapter ,j of chapter #a1 all assets attributable to such portion at such time shall be treated for purposes of chapter #ab as a transfer by gift made by the deemed owner1 and 7#d7 proper adjustment shall be made with respect to amounts so included in the gross estate1 or treated as transferred by gift1 pursuant to paragraph 7#a71 7#b71 or 7#c71 as the case may be1 to account for amounts treated previously as taxable gifts under chapter #ab with respect to previous transfers to the trust by the deemed owner4 7b7 ,exceptions ,this section shall not apply to any trust that is includible in the gross estate of the deemed owner 7without regard to subsection 7a77#a774 7c7 ,deemed owner defined ,for purposes of this chapter1 the term deemed owner means any person who is treated as the owner of a portion of a trust under subpart ,e of part #a of subchapter ,j of chapter #a4 4 7#b7 ,cross-reference ,section #beaa of such ,code is amended by adding at the end the following new subsection3 7c7 ,cross-reference ,for treatment of transfers to grantor trusts1 see section #bija4 4 7#c7 ,clerical amendment ,the table of chapters for subtitle ,b of such ,code is amended by adding at the end the following new item3 ,chapter #af4 ,special ,rules for ,grantor ,trusts 4 7b7 ,certain sales to grantor trust 7#a7 ,in general ,part ,,iv of subchapter ,o of chapter #a of such ,code is amended by redesignating section #ajfb as section #ajfc and inserting after section #ajfa the following new section3 #ajfb4 ,certain sales between grantor trust and deemed owner 7a7 ,in general ,in the case of any transfer of property between a trust and the a person who is the deemed owner of the trust 7or portion thereof71 such treatment of the person as the owner of the trust shall be disregarded in determining whether the transfer is a sale or exchange for purposes of this chapter4 7b7 ,exception ,subsection 7a7 shall not apply to any trust that is fully revocable by the deemed owner4 7c7 ,deemed owner ,for purposes of this section1 the term deemed owner means any person who is treated as the owner of a portion of a trust under subpart ,e of part #a of subchapter ,j4 4 7#b7 ,related taxpayers ,section #bfg7;b7 is amended by striking or at the end of paragraph 7#ab71 by striking the period at the end of paragraph 7#ac7 and inserting 2 or1 and by adding at the end the following new paragraph3 7#ad7 ,a grantor trust and the person treated as the owner of the trust 7or portion thereof7 under subpart ,e of part #a of subchapter ,j of this chapter4 4 7#c7 ,clerical amendment ,the table of sections for part ,,iv of subchapter ,o of chapter #a of such ,code is amended by striking the item relating to section #ajfb and inserting the following new items3 ,sec4 #ajfb4 ,certain sales to grantor trusts4 ,sec4 #ajfc4 ,cross references4 4 7c7 ,effective date ,the amendments made by this section shall apply-- 7#a7 to trusts created on or after the date of the enactment of this ,act1 and 7#b7 to any portion of a trust established before the date of the enactment of this ,act which is attributable to a contribution made on or after such date4 #achbaj4 ,valuation rules for certain transfers of nonbusiness assets 7a7 ,in general ,section #bjca of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7d7 as subsection 7f7 and by inserting after subsection 7c7 the following new subsections3 7d7 ,valuation rules for certain transfers of nonbusiness assets ,for purposes of this chapter and chapter #ab-- 7#a7 ,in general ,in the case of the transfer of any interest in an entity other than an interest which is actively traded 7within the meaning of section #ajib7-- 7,a7 the value of any nonbusiness assets held by the entity with respect to such interest shall be determined as if the transferor had transferred such assets directly to the transferee 7and no valuation discount shall be allowed with respect to such nonbusiness assets71 and 7,b7 such nonbusiness assets shall not be taken into account in determining the value of the interest in the entity4 7#b7 ,nonbusiness assets ,for purposes of this subsection-- 7,a7 ,in general ,the term nonbusiness asset means any passive asset which-- 7i7 is held for the production or collection of income1 and 7ii7 is not used in the active conduct of a trade or business4 7,b7 ,passive assets used in active conduct of trade or business ,except as provided in subparagraph 7,c71 a passive asset shall not be treated for purposes of subparagraph 7,a7 as used in the active conduct of a trade or business unless-- 7i7 the asset is property described in paragraph 7#a7 or 7#d7 of section #abba7;a7 or is a hedge with respect to such property1 or 7ii7 the asset is real property used in the active conduct of #a or more real property trades or businesses 7within the meaning of section #dfi7;c77#g77;,c77 in which the transferor materially participates and with respect to which the transferor meets the requirements of section #dfi7;c77#g77;,b77ii74 ,for purposes of clause 7ii71 material participation shall be determined under the rules of section #dfi7;h71 except that section #dfi7;h77#c7 shall be applied without regard to the limitation to farming activity4 7,c7 ,exception for working capital ,any passive asset which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business4 7#c7 ,passive asset ,for purposes of this subsection1 the term passive asset means any-- 7,a7 cash or cash equivalents1 7,b7 except to the extent provided by the ,secretary1 stock in a corporation or any other equity1 profits1 or capital interest in a partnership1 7,c7 evidence of indebtedness1 option1 forward or futures contract1 notional principal contract1 or derivative1 7,d7 asset described in clause 7iii71 7iv71 or 7v7 of section #cea7;e77#a77;,b71 7,e7 annuity1 7,f7 real property1 7,g7 asset 7other than a patent1 trademark1 or copyright7 which produces royalty income1 7,h7 commodity1 7,i7 collectible 7within the meaning of section #djh7m771 7,j7 personal property 7as defined in section #ajib7;d77#a77 or position in personal property 7within the meaning of section #ajib7;d77#b771 or 7,k7 other asset specified in regulations prescribed by the ,secretary4 7#d7 ,look-thru rules 7,a7 ,in general ,if a passive asset of an entity consists of a #aj-percent interest in any other entity1 this subsection shall be applied by disregarding the #aj-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity4 ,this subparagraph shall be applied successively to any #aj-percent interest of such other entity in any other entity4 7,b7 #aj-percent interest ,the term #aj-percent interest means-- 7i7 in the case of an interest in a corporation1 ownership of at least #aj percent 7by vote or value7 of the stock in such corporation1 7ii7 in the case of an interest in a partnership1 ownership of at least #aj percent of the capital or profits interest in the partnership1 and 7iii7 in any other case1 ownership of at least #aj percent of the beneficial interests in the entity4 ,for purposes of the preceding sentence1 the rules prescribed by section #cah7;a7 shall apply4 7#e7 ,coordination with subsection 7b7 ,subsection 7b7 shall apply after the application of this subsection4 7#f7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines is necessary or appropriate to carry out this subsection1 including regulations or other guidance to-- 7,a7 determine whether a passive asset is used in the active conduct of a trade or business1 in addition to the instances described in paragraph 7#b77;,b71 and 7,b7 determine whether a passive asset is held as a part of the reasonably required working capital needs of a trade or business under paragraph 7#b77;,c74 4 7b7 ,effective date ,the amendments made by this section shall apply to transfers after the date of the enactment of this ,act4 #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 a taxable year1 no annual additions which are allocable to 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 #djb;,a7c77#c77;,a71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c77;,a71 #djh;,a7e77#a71 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 adjusted taxable 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 ,adjusted taxable income ,the term adjusted taxable income means taxable income determined without regard to-- 7i7 any deduction for annual additions to individual retirement plans to which subsection 7a7 applies1 and 7ii7 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 #bjbb1 each of the dollar amounts under paragraph 7#b7 and paragraph 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 #bjba for calendar year #aiib in subparagraph 7,b7 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 #bej1jjj1 and 7ii7 in the case of a dollar amount under paragraph 7#d71 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 limitation on contributions to individual retirement plans with large account balances1 see sections #djb;,a7c77#c77;,a7 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 contributions with respect to any taxable year means 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 #djb;,a7c77#c77;,a71 #djc7;a77#d71 #djc7;b77#h71 #deg7;e77#af71 #djh7;d77#c71 or #djh;,a7d77#c71 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 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 ,secretary which includes-- 7i7 the name and identifying number of each such participant 7without regard to whether such participant has separated from employment71 and 7ii7 the amount to which each such participant is entitled4 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 #bjbb1 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 #bjba for calendar year #aiib in subparagraph 7,b7 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 #bjba4 7#b7 ,plan requirements ,the amendments made by subsection 7c7 shall apply to plan years beginning after ,december #ca1 #bjba4 #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 distributed from4 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 ,if any payee to which this subsection applies for any taxable year 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 securities market1 the increase in minimum required distributions by reason of this subsection shall be allocated-- 7,i7 first to all account balances 7other than such portions7 of the payee in all applicable retirement plans in the manner provided by this subparagraph 7without regard to this clause71 and 7,,ii7 then to such portions in such manner as the taxpayer chooses4 ,the ,secretary shall prescribe regulations which provide that if any such increase is allocated to any such portion of an account balance for the first taxable year of the payee beginning in #bjbb1 the payee may elect to have such portion distributed over a period of years not greater than the period specified by the ,secretary in such regulations 7and any distributions made in accordance with such election shall be treated for purposes of this section as made in such first taxable year74 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 ,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 ,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 4 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 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 plan in such amount as the employee 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 #bjba4 7#b7 ,plan requirements ,the amendments made by subsection 7b7 shall apply to plan years beginning after ,december #ca1 #bjba4 7d7 ,provisions relating to plan amendments 7#a7 ,in general ,if this subsection applies to any plan or contract amendment1 such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph 7#b77;,b77i74 7#b7 ,amendments to which subsection applies 7,a7 ,in general ,this subsection shall apply to any amendment to any plan or annuity contract which is made-- 7i7 pursuant to any amendment made by this section or pursuant to any regulation issued by the ,secretary of the ,treasury under this section or such amendments1 and 7ii7 on or before the last day of the first plan year beginning after ,december #ca1 #bjbb1 or such later date as the ,secretary of the ,treasury may prescribe4 ,in the case of a governmental or collectively bargained plan to which subparagraph 7,b7 or 7,c7 of subsection 7a77#d7 applies1 clause 7ii7 shall be applied by substituting the date which is #b years after the date otherwise applied under such clause4 7,b7 ,conditions ,this subsection shall not apply to any amendment unless-- 7i7 during the period-- 7,i7 beginning on the date the legislative or regulatory amendment described in paragraph 7#a77;,a7 takes effect 7or in the case of a plan or contract amendment not required by such legislative or regulatory amendment1 the effective date specified in such amendment71 and 7,,ii7 ending on the date described in subparagraph 7,a77ii7 7or1 if earlier1 the date the plan or contract amendment is adopted71 the plan or contract is operated as if such plan or contract amendment were in effect2 and 7ii7 such plan or contract amendment applies retroactively for such period4 ,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 ,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 ,prohibition of ,,ira investments conditioned on account holder's status 7a7 ,in general ,subsection 7a7 of section #djh is amended by adding at the end the following new paragraph3 7#g7 ,no part of the trust funds will be invested in any security if the issuer of such security 7or any other person specified by the ,secretary7 requires the individual on whose behalf the trust is maintained to make a representation to the issuer or such other person that such individual-- 7,a7 has a specified minimum amount of income or assets1 7,b7 has completed a specified minimum level of education1 or 7,c7 holds a specific license or credential4 4 7b7 ,loss of exemption of account ,paragraph 7#b7 of section #djh7;e7 is amended-- 7#a7 by striking each place it appears in subparagraph 7,a7 and inserting maintained1 7#b7 by redesignating subparagraph 7,b7 as subparagraph 7,c71 7#c7 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 ,rules similar to the rules of clauses 7i7 and 7ii7 of subparagraph 7,a7 shall apply for purposes of this subparagraph4 1 7#d7 by striking where employee engages in prohibited transaction in the heading and inserting in case of certain prohibited transactions and investments1 7#e7 by striking ,in general in the heading of subparagraph 7,a7 and inserting ,employee engaging in prohibited transaction1 and 7#f7 by striking 7,a7 in subparagraph 7,c71 as so redesignated1 and inserting 7,a7 or 7,b74 7c7 ,conforming amendments 7#a7 ,paragraph 7#a7 of section #djh7;c7 is amended by striking 7#a7 through 7#f7 and inserting 7#a7 through 7#g74 7#b7 ,paragraph 7#c7 of section #dige7;c7 is amended-- 7,a7 striking 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 7d7 ,effective dates 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 #bjba4 7#b7 ,special rule for existing investments ,if1 on the date of the enactment of this ,act1 an individual retirement account holds an investment prohibited under section #djh7;a77#g7 of the ,internal ,revenue ,code of #aihf 7as added by subsection 7a771 the amendments made by this section shall apply to such investment for taxable years beginning after ,december #ca1 #bjbc4 #achcac4 ,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 #achcad4 ,prohibition of investment of ,,ira assets in entities in which the owner has a substantial interest 7a7 ,in general ,subsection 7a7 of section #djh1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#h7 ,no part of the trust funds will be invested in a corporation1 partnership or other unincorporated enterprise1 or trust or estate if-- 7,a7 in the case of an entity with respect to which interests described in clause 7i71 7ii71 or 7iii7 are not readily tradable on an securities market1 #aj percent or more of-- 7i7 the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation1 7ii7 the capital interest or profits interest of such partnership or enterprise1 or 7iii7 the beneficial interest of such trust or estate1 is owned 7directly or indirectly7 or held by the individual on whose behalf the trust is maintained1 or 7,b7 the individual on whose behalf the trust is maintained is an officer or director 7or an individual having powers or responsibilities similar to officers or directors7 of such corporation1 partnership1 or other unincorporated enterprise4 ,for purposes of subparagraph 7,a71 the constructive ownership rules of paragraphs 7#d7 and 7#e7 of section #dige7;e7 shall apply1 and any asset or interest held by the trust shall be treated as held by the individual described in such subparagraph4 4 7b7 ,loss of exemption of account ,subparagraph 7,b7 of section #djh7;e77#b71 as added by this ,act1 is amended by striking 7a77#g7 and inserting 7a77#g7 or 7a77#h74 7c7 ,conforming amendment ,paragraph 7#a7 of section #djh7;c71 as amended by the preceding provisions of this ,act1 is amended by striking 7#a7 through 7#g7 and inserting 7#a7 through 7#h74 7d7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to investments made in taxable years beginning after ,december #ca1 #bjba4 7#b7 ,special rule for existing investments ,if1 on the date of the enactment of this ,act1 an individual retirement account holds an investment prohibited under section #djh7;a77#h7 of the ,internal ,revenue ,code of #aihf 7as added by subsection 7a771 the amendments made by this section shall apply to such investment for taxable years beginning after ,december #ca1 #bjbc4 #achcae4 ,,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 amendments 7#a7 ,subparagraph 7,a7 of section #djh7;e77#b71 as amended by the preceding provisions of this ,act1 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 7#b7 ,subparagraph 7,b7 of section #djh7;e77#b71 as added by this ,act1 is amended by striking the last sentence4 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 ,funding of the ,internal ,revenue ,service ,in addition to amounts otherwise available1 there are appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated3 7#a7 #gh1ice1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for necessary expenses for the ,internal ,revenue ,service 7,,irs7 for strengthening tax enforcement activities and increasing voluntary compliance1 expanding audits and other enforcement activities1 and modernizing information technology to effectively support enforcement activities1 except that no use of these funds is intended to increase taxes on any taxpayer with taxable income below #djj1jjj2 7#b7 #daj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for necessary expenses for the ,treasury ,inspector ,general for ,tax ,administration to provide oversight of the ,,irs1 including ensuring that taxpayer privacy is protected and that no undue burden is imposed on small businesses from ,,irs enforcement activities2 and 7#c7 #aeg1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the ,tax ,court for adjudicating tax disputes4 #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 ,limitation on deduction for qualified conservation contributions made by pass-through entities1 etc 7a7 ,in general ,section #agj7;h7 is amended by adding at the end the following new paragraphs3 7#g7 ,limitation on deduction for qualified conservation contributions made by pass-through entities 7,a7 ,in general ,a contribution by a partnership 7whether directly or as a distributive share of a contribution of another partnership7 shall not be treated as a qualified conservation contribution for purposes of this section if the amount of such contribution exceeds #b4e times the sum of each partner's relevant basis in such partnership4 7,b7 ,relevant basis ,for purposes of this paragraph-- 7i7 ,in general ,the term relevant basis means1 with respect to any partner1 the portion of such partner's modified basis in the partnership which is allocable 7under rules similar to the rules of section #gee7 to the portion of the real property with respect to which the contribution described in subparagraph 7,a7 is made4 7ii7 ,modified basis ,the term modified basis means1 with respect to any partner1 such partner's adjusted basis in the partnership as determined-- 7,i7 immediately before the contribution described in subparagraph 7,a71 7,,ii7 without regard to section #geb1 and 7,,iii7 by the partnership after taking into account the adjustments described in subclauses 7,i7 and 7,,ii7 and such other adjustments as the ,secretary may provide4 7,c7 ,exception for contributions outside #c-year holding period ,subparagraph 7,a7 shall not apply to any contribution which is made at least #c years after the latest of-- 7i7 the last date on which the partnership that made such contribution acquired any portion of the real property with respect to which such contribution is made1 7ii7 the last date on which any partner in the partnership that made such contribution acquired any interest in such partnership1 and 7iii7 if the interest in the partnership that made such contribution is held through one or more partnerships-- 7,i7 the last date on which any such partnership acquired any interest in any other such partnership1 and 7,,ii7 the last date on which any partner in any such partnership acquired any interest in such partnership4 7,d7 ,exception for family partnerships 7i7 ,in general ,subparagraph 7,a7 shall not apply with respect to any contribution made by any partnership if substantially all of the partnership interests in such partnership are held1 directly or indirectly1 by an individual and members of the family of such individual4 7ii7 ,members of the family ,for purposes of this subparagraph1 the term members of the family means1 with respect to any individual-- 7,i7 the spouse of such individual1 and 7,,ii7 any individual who bears a relationship to such individual which is described in subparagraphs 7,a7 through 7,g7 of section #aeb7;d77#b74 7,e7 ,application to other pass-through entities ,except as may be otherwise 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,f7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph1 including regulations or other guidance-- 7i7 to require reporting1 including reporting related to tiered partnerships and the modified basis of partners1 and 7ii7 to prevent the avoidance of the purposes of this paragraph4 7#h7 ,notice of certain failures 7,a7 ,in general ,if a donor is found by the ,secretary to have failed to meet the requirement that a qualified conservation contribution shall be granted and protected in perpetuity by reason of defective language in the deed relating to property line adjustments or extinguishment clauses1 the donor shall have #ij days from the written notice by the ,secretary to correct such failure1 unless the ,secretary can demonstrate that the donor's failure to meet those requirements was intentional4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any reportable transaction or any contribution that is not treated as a qualified conservation contribution by reason of paragraph 7#g74 4 7b7 ,application of accuracy-,related penalties 7#a7 ,in general ,section #fffb7;b7 is amended by inserting after paragraph 7#i7 the following new paragraph3 7#aj7 ,any disallowance of a deduction by reason of section #agj7;h77#g74 4 7#b7 ,treatment as gross valuation misstatement ,section #fffb7;h77#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 disallowance of a deduction described in subsection 7b77#aj74 4 7#c7 ,no reasonable cause exception ,section #fffd7;c77#b7 is amended by inserting or to any disallowance of a deduction described in section #fffb7;b77#aj7 before the period at the end4 7#d7 ,approval of assessment not required ,section #fgea7;b77#b77;,a7 is amended by striking subsection 7b77#i7 and inserting paragraph 7#i7 or 7#aj7 of subsection 7b74 7c7 ,application of statute of limitations on assessment and collection 7#a7 ,extension for certain adjustments made under prior law ,in the case of any disallowance of a deduction by reason of section #agj7;h77#g7 of the ,internal ,revenue ,code of #aihf 7as added by this section7 or any penalty imposed under section #fffb of such ,code with respect to such disallowance1 section #fbbi7;d77#b7 of such ,code 7as in effect before its repeal7 shall be applied by substituting #b years for #a year4 7#b7 ,extension for listed transactions ,any contribution described in section #agj7;h77#g77;,a7 of the ,internal ,revenue ,code of #aihf 7as added by this section7 shall be treated for purposes of sections #feja7;c77#aj7 and #fbce7;c77#f7 of such ,code as a transaction specifically identified by the ,secretary on ,december #bc1 #bjaf1 as a tax avoidance transaction for purposes of section #fjaa of such ,code4 7d7 ,application to certain transactions disallowed under other provisions of law ,in the case of any disallowance of a deduction under section #agj of the ,internal ,revenue ,code of #aihf with respect to a transaction described in ,internal ,revenue ,service ,notice #bjag-aj with respect to a taxable year ending before the date of the enactment of this ,act1 such disallowance shall be treated for purposes of section #fffb7;b77#aj7 of such ,code 7as added by this section7 and subsection 7c77#a7 as being by reason of section #agj7;h77#g7 of such ,code 7as added by this section74 7e7 ,effective date 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the amendments made by this section shall apply to contributions made after ,december #bc1 #bjaf1 in taxable years ending after such date4 7#b7 ,notice of certain failures ,so much of the amendment made by subsection 7a7 as relates to section #agj7;h77#h7 of the ,internal ,revenue ,code of #aihf1 as added by such subsection1 shall apply to-- 7,a7 returns filed after the date of the enactment of this ,act1 and 7,b7 returns filed on or before such date if the period specified in section #feja for assessment of the taxes with respect to which such return relates has not expired as of such date4 7#c7 ,certified historic structures ,in the case of contributions the conservation purpose 7as defined in section #agj7;h77#d7 of the ,internal ,revenue ,code of #aihf7 of which is the preservation of a certified historic structure 7as defined in section #agj7;h77#d77;,c7 of such ,code71 the amendments made by this section shall apply to contributions made in taxable years beginning after ,december #ca1 #bjah4 7#d7 ,no inference ,no inference is intended as to the appropriate treatment of contributions made in taxable years ending on or before the date specified in paragraph 7#a7 or 7#c71 whichever is applicable1 or as to any activity not described in section #agj7;h77#g7 of the ,internal ,revenue ,code of #aihf1 as added by this section4 #achdjd4 ,modification of procedural requirements relating to assessment of penalties 7a7 ,repeal of approval requirement ,section #fgea1 as amended by the preceding provision of this ,act1 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 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 ,acceleration of application to #e highest compensated employees ,section #afb7m77#c77;,c7 is amended by striking ,december #ca1 #bjbf and inserting ,december #ca1 #bjba4 7c7 ,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 7d7 ,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 in the case of 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 an individual retirement account is maintained1 holding of an interest in such ,,disc or ,,fsc by the individual retirement account4 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 holdings 7,a7 ,indirect holding of ,,disc or ,,fsc ,for purposes of paragraph 7#a77;,g71 if an individual retirement account holds an interest in an entity that owns 7directly or indirectly7 an interest in a ,,disc or ,,fsc1 the account shall be treated as holding 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 his 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 ,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 ,increase in tax on certain tobacco products and imposition of tax on nicotine 7a7 ,increasing tax on cigarettes 7#a7 ,small cigarettes ,section #egja7;b77#a7 is amended by striking #ej4cc and inserting #ajj4ff4 7#b7 ,large cigarettes ,section #egja7;b77#b7 is amended by striking #aje4fi and inserting #baa4ci4 7b7 ,tax parity for small cigars ,section #egja7;a77#a7 is amended by striking #ej4cc and inserting #ajj4ff4 7c7 ,tax parity for large cigars ,section #egja7;a77#b7 is amended by striking #eb4ge percent and all that follows through the period and inserting #di4ef per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than #aj4jf cents per cigar44 7d7 ,tax parity for smokeless tobacco 7#a7 ,section #egja7;e7 is amended-- 7,a7 in paragraph 7#a71 by striking #a4ea and inserting #bf4hd1 7,b7 in paragraph 7#b71 by striking #ej4cc cents and inserting #aj4gj1 and 7,c7 by adding at the end the following new paragraph3 7#c7 ,smokeless tobacco sold in discrete single-use units ,on discrete single-use units1 #ajj per thousand4 4 7#b7 ,section #egjb7m7 is amended-- 7,a7 in paragraph 7#a71 by striking or chewing tobacco and inserting 1 chewing tobacco1 or discrete single-use unit1 7,b7 in paragraphs 7#b7 and 7#c71 by inserting and that is not a discrete single-use unit before the period at the end of each such paragraph1 and 7,c7 by adding at the end the following new paragraph3 7#d7 ,discrete single-use unit ,the term discrete single-use unit means any product containing tobacco that-- 7,a7 is not intended to be smoked1 and 7,b7 is in the form of a lozenge1 tablet1 pill1 pouch1 dissolvable strip1 or other discrete single-use or single-dose unit4 4 7e7 ,tax parity for pipe tobacco ,section #egja7;f7 is amended by striking #b4hcaa cents and inserting #di4ef4 7f7 ,tax parity for ,roll-,your-,own tobacco ,section #egja7;g7 is amended by striking #bd4gh and inserting #di4ef4 7g7 ,tax parity for ,roll-,your-,own tobacco and certain processed tobacco ,section #egjb7o7 is amended by inserting 1 and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section #egac1 but does not include removals of processed tobacco for exportation after wrappers thereof4 7h7 ,imposition of tax on nicotine for use in vaping1 etc 7#a7 ,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 per #a1haj milligrams of nicotine 7and a proportionate tax at the like rate on any fractional part thereof74 4 7#b7 ,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 7#c7 ,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 7#d7 ,manufacturer of taxable nicotine ,section #egjb1 as amended by paragraph 7#b71 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 7j7 ,repeal of special rules for determining price of cigars ,section #egjb is amended by striking subsection 7l74 7k7 ,floor stocks taxes 7#a7 ,imposition of tax ,on covered tobacco products1 and cigarette papers and tubes1 manufactured in or imported into the ,united ,states which are removed before the tax increase date and held on such date for sale by any person1 there is hereby imposed a tax in an amount equal to the excess of-- 7,a7 the tax which would be imposed under section #egja of the ,internal ,revenue ,code of #aihf on the article if the article had been removed on such date1 over 7,b7 the prior tax 7if any7 imposed under section #egja of such ,code on such article4 7#b7 ,covered tobacco products ,for purposes of this subsection1 the term covered tobacco products means any tobacco product other than-- 7,a7 cigars described in section #egja7;a77#b7 of the ,internal ,revenue ,code of #aihf1 7,b7 discrete single-use units 7as defined in section #egjb7m77#d7 of such ,code1 as amended by this section71 and 7,c7 taxable nicotine 7as defined in section #egjb7q7 of such ,code1 as amended by this section74 7#c7 ,credit against tax ,each person shall be allowed as a credit against the taxes imposed by paragraph 7#a7 an amount equal to the lesser of #a1jjj or the amount of such taxes4 ,for purposes of the preceding sentence1 all persons treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf shall be treated as #a person for purposes of this paragraph4 7#d7 ,liability for tax and method of payment 7,a7 ,liability for tax ,the person referred to in paragraph 7#a7 shall be liable for the tax imposed by such paragraph4 7,b7 ,method of payment ,the tax imposed by paragraph 7#a7 shall be paid in such manner as the ,secretary may provide4 7#e7 ,articles in foreign trade zones 7,a7 ,in general ,notwithstanding the ,act of ,june #ah1 #aicd 7commonly known as the ,foreign ,trade ,zone ,act1 #dh ,stat4 #iih1 #ai ,u4,s4,c4 #ha;a et seq47 or any other provision of law1 any covered tobacco products1 or cigarette papers and tubes1 which are located in a foreign trade zone on the tax increase date1 shall be subject to the tax imposed by paragraph 7#a7 if-- 7i7 internal revenue taxes have been determined1 or customs duties liquidated1 with respect to such article before such date pursuant to a request made under the #ast proviso of section #c7;a7 of such ,act1 or 7ii7 such article is held on such date under the supervision of an officer of the ,united ,states ,customs and ,border ,protection of the ,department of ,homeland ,security pursuant to the #b;d proviso of such section #c7;a74 7#f7 ,tax increase date ,for purposes of this subsection1 the term tax increase date means the first day of the first calendar quarter described in subsection 7k77#a74 7#g7 ,certain other definitions ,terms used in this subsection which are also used in section #egjb of the ,internal ,revenue ,code of #aihf shall have the same meaning as when used in such section4 7l7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to articles removed in calendar quarters beginning after the date of the enactment of this ,act4 7#b7 ,delayed effective date for certain products ,the amendments made by subsections 7c71 7d77#a77;,c71 7d77#b71 and 7h7 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 7m7 ,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 #acheje4 ,clarification of rules regarding tobacco drawback 7a7 ,in general ,section #egjf is amended by adding at the end the following3 ,exemption from tax under section #egjd is drawback1 and no further drawback shall be allowed based on merchandise that has not been subject to tax44 7b7 ,effective date ,the amendment made by this section shall apply to drawback claims made on or after ,december #ah1 #bjah4 7c7 ,no inference ,nothing contained in this subsection or the amendments made by this subsection shall be construed to create any inference with respect to any drawback claim made before ,december #ah1 #bjah4 #achejf4 ,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 #achejg4 ,clarification of treatment of ,,disc gains and distributions of certain foreign shareholders 7a7 ,in general ,section #iif7;g7 of the ,internal ,revenue ,code of #aihf 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 #achejh4 ,access to self-employment income information for paid leave administration ,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 ,department of the ,treasury return information with respect to a taxpayer whose self-employment income is relevant in determining eligibility for1 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 and 7iii7 the taxable year to which such self-employment income relates4 7,b7 ,restriction on disclosure ,return information disclosed under subparagraph 7,a7 may be used by officers and employees of the ,department of the ,treasury 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 #acheji4 ,temporary rule to allow certain ,s corporations to reorganize as partnerships without tax 7a7 ,in general ,a qualified liquidation of an eligible ,s corporation shall be treated for purposes of the ,internal ,revenue ,code of #aihf in the same manner as if-- 7#a7 such liquidation were a complete liquidation described in section #ccb7;b7 of such ,code1 and 7#b7 the domestic partnership referred to in subsection 7c77#b7 were a corporation which is an #hj-percent distributee 7within the meaning of section #ccg7;c7 of such ,code74 7b7 ,eligible ,s corporation ,for purposes of this section1 the term eligible ,s corporation means any corporation 7including any predecessor corporation7 that was an ,s corporation on ,may #ac1 #aiif1 and at all times thereafter through the date on which the qualified liquidation is completed4 7c7 ,qualified liquidation ,for purposes of this section1 the term qualified liquidation means one or more transactions occurring during the #b-year period beginning on ,december #ca1 #bjba if-- 7#a7 such transactions constitute the complete liquidation of an eligible ,s corporation1 and 7#b7 substantially all of the assets and liabilities of such eligible ,s corporation are1 as a result of such transactions1 transferred to a domestic partnership4 7d7 ,election ,this section shall apply to any qualified liquidation only if the eligible ,s corporation elects the application of this section in such manner as the ,secretary may require and not later than the due date for filing the return of tax under chapter #a of such ,code for the taxable year in which such liquidation is completed4 7e7 ,application of restriction on subsection ,s corporation elections ,in the case of any qualified liquidation to which this section applies1 the domestic partnership referred to in subsection 7c77#b7 shall not fail to be treated as a successor corporation of the eligible ,s corporation for purposes of section #acfb7;g7 of such ,code4 7f7 ,other definitions ,terms used in this section which are also used in the ,internal ,revenue ,code of #aihf shall have the same meaning as when used in such ,code4 7g7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out this section4 #acheaj4 ,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 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 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 #acheaa4 ,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 #acheab4 ,extension of credit for portion of employer social security taxes paid with respect to employee tips to beauty service establishments 7a7 ,extension of tip credit to beauty service business 7#a7 ,in general ,section #de;,b7b77#b7 is amended to read as follows3 7#b7 ,application only to certain lines of business ,in applying paragraph 7#a71 there shall be taken into account only tips received from customers or clients in connection with the following services3 7,a7 ,the providing1 delivering1 or serving of food or beverages for consumption1 if the tipping of employees delivering or serving food or beverages by customers is customary4 7,b7 ,the providing of beauty services to a customer or client if the tipping of employees providing such services is customary4 4 7#b7 ,beauty service defined ,section #de;,b is amended by adding at the end the following new subsection3 7e7 ,beauty service ,for purposes of this section1 the term beauty service means any of the following3 7#a7 ,barbering and hair care4 7#b7 ,nail care4 7#c7 ,esthetics4 7#d7 ,body and spa treatments4 4 7b7 ,credit determined with respect to minimum wage in effect ,section #de;,b7b77#a77;,b7 is amended-- 7#a7 by striking as in effect on ,january #a1 #bjjg1 and1 and 7#b7 by inserting 1 and in the case of food or beverage establishments1 as in effect on ,january #a1 #bjjg after without regard to section #c7m7 of such ,act4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acheac4 ,enhancement of work opportunity credit during ,,covid-#ai recovery period 7a7 ,in general ,section #ea is amended by adding at the end the following new subsection3 7l7 ,adjustment to credit during ,,covid-#ai recovery period ,in the case of individuals 7other than any individual who is a qualified summer youth employee7 hired after the date of the enactment of this subsection and before ,january #a1 #bjbc-- 7#a7 ,increased amount of credit ,subsection 7a7 shall be applied by substituting #ej percent for #dj percent4 7#b7 ,availability of credit in second year of employment 7,a7 ,in general ,subsection 7a7 shall be applied by inserting or qualified second-year wages after wages4 7,b7 ,qualified second-year wages ,for the purposes of this paragraph1 the term qualified second-year wages means qualified wages which are attributable to service rendered during the #a-year period beginning on the day after the last day of the #a-year period with respect to the recipient determined under subsection 7b77#b74 7#c7 ,increase in limitation on wages taken into account ,subsection 7b77#c7 shall be applied by substituting #aj1jjj for #f1jjj4 7#d7 ,eligibility of rehires 7,a7 ,in general ,subsection 7i77#b7 shall not apply4 7,b7 ,regulations ,the ,secretary shall issue such regulations as the ,secretary determines appropriate to ensure a reasonable application of subparagraph 7,a71 including prohibiting attempts to claim the benefit of this section through the termination and rehiring of an employee4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years ending after the date of enactment of this ,act4 #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 ,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 ,cover over of certain distilled spirits taxes 7a7 ,repeal of limitation on cover over of distilled spirits taxes to ,puerto ,rico and ,virgin ,islands 7#a7 ,in general ,section #gfeb is amended by striking subsection 7f7 and by redesignating subsections 7g7 and 7h7 as subsections 7f7 and 7g71 respectively4 7#b7 ,effective date ,the amendments made by this subsection shall apply to distilled spirits brought into the ,united ,states after ,december #ca1 #bjba4 7b7 ,required transfer to ,puerto ,rico ,conservation ,trust ,fund of portion of ,puerto ,rico rum cover over 7#a7 ,in general ,section #gfeb7;a7 is amended by adding at the end the following new paragraph3 7#d7 ,required transfer to puerto rico conservation trust fund of portion of rum taxes covered over 7,a7 ,in general ,from any taxes collected on rum transported to the ,united ,states that are covered into the treasury of ,puerto ,rico under paragraph 7#c7 at a rate equal to or greater than #aj4ej per proof gallon1 ,puerto ,rico shall transfer to the ,puerto ,rico ,conservation ,trust ,fund an amount per proof gallon equal to or greater than #a_/f of the difference between #aj4ej and the rate1 not to exceed #ac4be1 at which such taxes are covered into such treasury4 ,puerto ,rico's obligations under this paragraph shall not modify or impair payment priorities established under ,puerto ,rico law and in effect on ,may #ba1 #bjba4 7,b7 ,puerto ,rico conservation trust fund ,for purposes of this section1 the term ,puerto ,rico ,conservation ,trust ,fund means the fund established pursuant to a ,memorandum of ,understanding between the ,united ,states ,department of the ,interior and the ,commonwealth of ,puerto ,rico1 dated ,december #bd1 #aifh4 4 7#b7 ,cover over determined without regard to certain rate reductions ,section #gfeb7;h71 as amended by subsections 7a7 and 7c71 is amended by inserting 7a77#d71 after 7a77#c714 7#c7 ,effective date ,the amendments made by this subsection shall apply to distilled spirits brought into the ,united ,states after ,december #ca1 #bjba4 7c7 ,cover over determined without regard to certain rate reductions 7#a7 ,in general ,section #gfeb1 as amended by subsection 7a71 is amended by inserting after subsection 7g7 the following new subsection3 7h7 ,cover over determined without regard to certain rate reductions ,for purposes of subsections 7a77#c71 7b77#c71 and 7e77#a71 refunds under section #ejja7;c77#d7 shall not be taken into account as a refund1 and the amount of taxes imposed and collected under section #ejja7;a77#a7 shall be determined without regard to section #ejja7;c74 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect as if included in section #achjg of ,public ,law #aaf-bfj4 7#c7 ,conforming amendments 7,a7 #gfeb7;e7 7i7 ,in general ,section #gfeb7;e7 is amended by striking paragraph 7#e74 7ii7 ,effective date ,the amendment made by this subparagraph shall take effect as if included in section #achjg of ,public ,law #aae-ig4 7,b7 #gfeb7;i7 7i7 ,in general ,section #gfeb is amended by striking subsection 7i74 7ii7 ,effective date ,the amendment made by this subparagraph shall take effect as if included in section #ajg of ,public ,law #aaf-bfj4 #acheaf4 ,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 #acheag4 ,payroll credit for compensation of local news journalists 7a7 ,in general ,in the case of an eligible local newspaper publisher1 there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to the applicable percentage of wages paid by such publisher to local news journalists for such calendar quarter4 7b7 ,limitations and refundability 7#a7 ,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 newspaper publisher shall not exceed #ab1ejj4 7#b7 ,credit limited to employment taxes ,the credit allowed by subsection 7a7 with respect to any calendar quarter shall not exceed the applicable employment taxes 7reduced by any credits allowed under sections #caca1 #cacb1 #cacd1 and #fdcb of the ,internal ,revenue ,code of #aihf7 on the wages paid with respect to the employment of all the employees of the eligible local newspaper publisher for such calendar quarter4 7#c7 ,refundability of excess credit 7,a7 ,in general ,if the amount of the credit under subsection 7a7 exceeds the limitation of paragraph 7#b7 for any calendar quarter1 such excess shall be treated as an overpayment that shall be refunded under sections #fdjb7;a7 and #fdac7;b7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 any amounts due to the employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7c7 ,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 ,applicable employment taxes ,the term applicable employment taxes means the taxes imposed under section #caaa7;b7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,eligible local newspaper publisher ,the term eligible local newspaper publisher means1 with respect to any calendar quarter1 any employer if substantially all of the gross receipts of such employer for such calendar quarter are derived in the trade or business of publishing a local newspaper4 7#d7 ,local newspaper ,the term local newspaper means any print or digital publication if-- 7,a7 the primary content of such publication is original content derived from primary sources and relating to news and current events1 7,b7 such publication primarily serves the needs of a regional or local community1 7,c7 the publisher of such publication employs at least one local news journalist who resides in such regional or local community1 and 7,d7 the publisher of such publication employs no more than #gej employees during the calendar quarter with respect to which a credit is allowed under this section4 7#e7 ,local news journalist ,the term local news journalist means1 with respect to any eligible local newspaper publisher for any calendar quarter1 an individual who provides at least #ajj hours of service during such calendar quarter to such eligible local newspaper publisher1 during which time such individual regularly gathers1 collects1 photographs1 records1 writes1 or reports news or information that concerns local events or other matters of local public interest4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7#g7 ,wages ,the term wages means wages 7as defined in section #caba7;a7 of the ,internal ,revenue ,code of #aihf74 7#h7 ,other terms ,any term used in this section which is also used in chapter #ba or chapter #bb of the ,internal ,revenue ,code of #aihf shall have the same meaning as when used in such chapter4 7d7 ,aggregation rule 7#a7 ,in general ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf1 or subsection 7m7 or 7o7 of section #dad of such ,code1 shall be treated as one employer for purposes of this section4 7#b7 ,exception ,paragraph 7#a7 shall not apply unless such persons are involved in the production of the same print or digital publication4 7e7 ,certain rules ,to apply ,for purposes of this section1 rules similar to the rules of sections #ea7;i77#a7 and #bhj;,c7a7 of the ,internal ,revenue ,code of #aihf shall apply4 7f7 ,certain governmental employers ,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 7g7 ,election ,to have section ,not apply ,this section shall not apply with respect to any eligible local newspaper publisher for any calendar quarter if such person elects 7at such time and in such manner as the ,secretary may prescribe7 not to have this section apply4 7h7 ,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 of the ,internal ,revenue ,code of #aihf 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 credits allowed under section #da1 #de;,a1 #de,p1 #de,s1 #ea1 #acif1 #caca1 #cacb1 #cacd1 and #fdcb of such ,code4 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 7i7 ,treatment of deposits ,the ,secretary shall waive any penalty under section #ffef of the ,internal ,revenue ,code of #aihf for any failure to make a deposit of any applicable employment taxes if the ,secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section4 7j7 ,regulations and guidance ,the ,secretary shall issue such forms1 instructions1 regulations1 and guidance as are necessary to implement the purposes of this section1 including 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 #cejd of the ,internal ,revenue ,code of #aihf71 including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors4 7k7 ,application ,this section shall only apply to calendar quarters during the first #e calendar years beginning after the date of the enactment of this ,act4 #acheah4 ,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;,b74 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 #acheai4 ,credit for qualified access technology for the blind 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #cf;,g the following new section3 #cf;,h4 ,credit for qualified access technology for the blind 7a7 ,allowance of credit ,there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to amounts paid or incurred during the taxable year1 not compensated for by insurance or otherwise1 by the taxpayer for qualified access technology for use by a qualified blind individual who is the taxpayer1 the taxpayer's spouse1 or any dependent 7as defined in section #aeb7 of the taxpayer4 7b7 ,limitation ,the aggregate amount of the credit allowed under subsection 7a7 with respect to any qualified blind individual shall not exceed #b1jjj in any #c-;consecutive-taxable-year period4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,qualified blind individual ,the term qualified blind individual means an individual who is blind within the meaning of section #fc7;f77#d74 7#b7 ,qualified access technology defined ,the term qualified access technology means hardware1 software1 or other information technology the primary function of which is to convert or adapt information which is visually represented into forms or formats useable by blind individuals4 7d7 ,denial of double benefit ,no credit shall be allowed under subsection 7a7 for any expense for which a deduction or credit is allowed under any other provision of this chapter4 7e7 ,inflation adjustment 7#a7 ,in general ,in the case of a taxable year beginning after #bjbb1 the #b1jjj amount in subsection 7b7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 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 #bjba for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7#b7 ,rounding ,if the amount as adjusted under subparagraph 7,a7 is not a multiple of #ajj1 such amount shall be rounded to the next lowest multiple of #ajj4 7f7 ,termination ,this section shall not apply with respect to amounts paid or incurred in taxable years beginning after ,december #ca1 #bjbf4 4 7b7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d77;,a71 as amended by the preceding provisions of this ,act1 is amended by inserting 1 #cf;,h after #cf;,g4 7#b7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by inserting 1 #cf;,h after 1 #cf;,g4 7#c7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a is amended by inserting after the item relating to section #cf;,g the following new item3 ,sec4 #cf;,h4 ,credit for qualified access technology for the blind4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achebj4 ,modification of ,,reit ,constructive ownership rules 7a7 ,in general ,section #hef7;d77#e7 is amended by striking and at the end of subparagraph 7,a71 by striking the period at the end of subparagraph 7,b7 and inserting 1 and1 and by adding at the end the following3 7,c7 except as otherwise provided by the ,secretary1 stock1 assets1 and net profits constructively owned by a partnership1 estate1 trust1 or corporation by reason of the application of section #cah7;a77#c7 7after application of subparagraphs 7,a7 and 7,b77 shall not be considered as owned by it for purposes of again applying such section in order to make another person the constructive owner of such stock1 assets1 or net profits4 ,subparagraph 7,c7 shall not prevent any person from being the constructive owner of stock1 assets1 or net profits of any person as the result of any other application of section #cah7;a7 7as modified by this paragraph74 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years ending after the date of the enactment of this ,act4 7c7 ,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 application of section #cah of the ,internal ,revenue ,code of #aihf to cases other than cases to which such amendments apply4 ,j ,drug ,pricing #a ,lowering ,prices ,through ,fair ,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 7#db ,u4,s4,c4 #acja et seq47 is amended by adding at the end the following new part3 ,e ,fair ,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 ,fair ,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 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 plan year 7beginning with plan year #bjbe7 or1 if agreed to in an agreement under section #aaic by the ,secretary and manufacturer involved1 a period of more than one plan year 7beginning on or after ,january #a1 #bjbe74 7#b7 ,price applicability period ,the term price applicability period means1 with respect to a drug1 the period beginning with the initial price applicability year with respect to which such drug is a selected drug and ending with the last plan 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 ,april #ae of the plan year that begins #b years prior to such year4 7#d7 ,voluntary negotiation period ,the term voluntary 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 ,june #ae following the selected drug publication date with respect to such selected drug2 and 7,b7 ending on ,march #ca of the year that begins one year prior to the initial price applicability year4 7c7 ,other definitions ,for purposes of this part3 7#a7 ,fair price eligible individual ,the term fair price eligible individual means1 with respect to a selected drug-- 7,a7 in the case such drug is furnished or dispensed to the individual at a pharmacy or by a mail order service-- 7i7 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 7ii7 an individual who is enrolled under a group health plan or health insurance coverage offered in the group or individual market 7as such terms are defined in section #bgia of the ,public ,health ,service ,act7 with respect to which there is in effect an agreement with the ,secretary under section #aaig with respect to such selected drug as so furnished or dispensed2 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 supplier-- 7i7 an individual who is entitled to benefits under part ,a of title ,,xviii or enrolled under part ,b of such title if such selected drug is covered under the respective part2 and 7ii7 an individual who is enrolled under a group health plan or health insurance coverage offered in the group or individual market 7as such terms are defined in section #bgia of the ,public ,health ,service ,act7 with respect to which there is in effect an agreement with the ,secretary under section #aaig with respect to such selected drug as so furnished or administered4 7#b7 ,maximum fair price ,the term maximum fair price means1 with respect to a plan 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 ,average international market price defined 7,a7 ,in general ,the terms average international market price and ,,aim price mean1 with respect to a drug1 the average price 7which shall be the net average price1 if practicable1 and volume-weighted1 if practicable7 for a unit 7as defined in paragraph 7#d77 of the drug for sales of such drug 7calculated across different dosage forms and strengths of the drug and not based on the specific formulation or package size or package type71 as computed 7as of the date of publication of such drug as a selected drug under section #aaib7;a77 in all countries described in clause 7ii7 of subparagraph 7,b7 that are applicable countries 7as described in clause 7i7 of such subparagraph7 with respect to such drug4 7,b7 ,applicable countries 7i7 ,in general ,for purposes of subparagraph 7,a71 a country described in clause 7ii7 is an applicable country described in this clause with respect to a drug if there is available an average price for any unit for the drug for sales of such drug in such country4 7ii7 ,countries described ,for purposes of this paragraph1 the following are countries described in this clause3 7,i7 ,australia4 7,,ii7 ,canada4 7,,iii7 ,france4 7,,iv7 ,germany4 7,v7 ,japan4 7,,vi7 ,the ,united ,kingdom4 7#d7 ,unit ,the term unit means1 with respect to a drug1 the lowest identifiable quantity 7such as a capsule or tablet1 milligram of molecules1 or grams7 of the drug that is dispensed4 #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 subject to subsection 7h71 the ,secretary shall select and publish in the ,federal ,register a list of-- 7#a7 7,a7 with respect to an initial price applicability year during #bjbe1 at least #be negotiation-eligible drugs described in subparagraphs 7,a7 and 7,b71 but not subparagraph 7,c71 of subsection 7d77#a7 7or1 with respect to an initial price applicability year during such period beginning after #bjbe1 the maximum number 7if such number is less than #be7 of such negotiation-eligible drugs for the year7 with respect to such year2 and 7,b7 with respect to an initial price applicability year during #bjbf or a subsequent year1 at least #ej negotiation-eligible drugs described in subparagraphs 7,a7 and 7,b71 but not subparagraph 7,c71 of subsection 7d77#a7 7or1 with respect to an initial price applicability year during such period1 the maximum number 7if such number is less than #ej7 of such negotiation-eligible drugs for the year7 with respect to such year2 7#b7 all negotiation-eligible drugs described in subparagraph 7,c7 of such subsection with respect to such year2 and 7#c7 all new-entrant negotiation-eligible drugs 7as defined in subsection 7g77#a77 with respect to such year4 ,each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section #aaid for the voluntary 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 ,in applying this subsection1 any negotiation-eligible drug that is selected under this subsection for an initial price applicability year shall not count toward the required minimum amount of drugs to be selected under paragraph 7#a7 for any subsequent year1 including such a drug so selected that is subject to renegotiation under section #aaid4 7b7 ,selection of drugs ,in carrying out subsection 7a77#a7 the ,secretary shall select for inclusion on the published list described in subsection 7a7 with respect to a price applicability period1 the negotiation-eligible drugs that the ,secretary projects will result in the greatest savings to the ,federal ,government or fair price eligible individuals during the price applicability period4 ,in making this projection of savings for drugs for which there is an ,,aim price for a price applicability period1 the savings shall be projected across different dosage forms and strengths of the drugs and not based on the specific formulation or package size or package type of the drugs1 taking into consideration both the volume of drugs for which payment is made1 to the extent such data is available1 and the amount by which the net price for the drugs exceeds the ,,aim price for the drugs4 7c7 ,selected drug ,for purposes of this part1 each 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 plan year beginning before the first plan year beginning after the date on which the ,secretary determines two or more drug products-- 7#a7 are approved or licensed 7as applicable7-- 7,a7 under section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act using such drug as the listed drug2 or 7,b7 under section #cea7k7 of the ,public ,health ,service ,act using such drug as the reference product2 and 7#b7 continue to be marketed4 7d7 ,negotiation-,eligible drug 7#a7 ,in general ,for purposes of this part1 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 meets any of the following criteria3 7,a7 ,covered part ,d drugs ,the drug is among the #abe covered part ,d drugs 7as defined in section #ahfj;,d-#b7;e77 for which there was an estimated greatest net spending under parts ,c and ,d of title ,,xviii1 as determined by the ,secretary1 during the most recent plan year prior to such drug publication date for which data are available4 7,b7 ,other drugs ,the drug is among the #abe drugs for which there was an estimated greatest net spending in the ,united ,states 7including the #ej ,states1 the ,district of ,columbia1 and the territories of the ,united ,states71 as determined by the ,secretary1 during the most recent plan year prior to such drug publication date for which data are available4 7,c7 ,insulin ,the drug is a qualifying single source drug described in subsection 7e77#c74 7#b7 ,clarification ,in determining whether a qualifying single source drug satisfies any of the criteria described in paragraph 7#a71 the ,secretary shall1 to the extent practicable1 use data that is aggregated across dosage forms and strengths of the drug and not based on the specific formulation or package size or package type of the drug4 7#c7 ,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 ,for purposes of this part1 the term qualifying single source drug means any of the following3 7#a7 ,drug products ,a drug that-- 7,a7 is approved under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act and continues to be marketed pursuant to such approval2 and 7,b7 is not the listed drug for any drug that is approved and continues to be marketed under section #eje7;j7 of such ,act4 7#b7 ,biological products ,a biological product that-- 7,a7 is licensed under section #cea7;a7 of the ,public ,health ,service ,act1 including any product that has been deemed to be licensed under section #cea of such ,act pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji1 and continues to be marketed under section #cea of such ,act2 and 7,b7 is not the reference product for any biological product that is licensed and continues to be marketed under section #cea7k7 of such ,act4 7#c7 ,insulin product ,notwithstanding paragraphs 7#a7 and 7#b71 any insulin product that is approved under subsection 7c7 or 7j7 of section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act or licensed under subsection 7a7 or 7k7 of section #cea of the ,public ,health ,service ,act and continues to be marketed under such section #eje or #cea1 including any insulin product that has been deemed to be licensed under section #cea7;a7 of the ,public ,health ,service ,act 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 ,for purposes of applying paragraphs 7#a7 and 7#b71 a drug or biological product that is marketed by the same sponsor or manufacturer 7or an affiliate thereof or a cross-licensed producer or distributor7 as the listed drug or reference product described in such respective paragraph shall not be taken into consideration4 7f7 ,information on international drug prices ,for purposes of determining which negotiation-eligible drugs to select under subsection 7a7 and1 in the case of such drugs that are selected drugs1 to determine the maximum fair price for such a drug and whether such maximum fair price should be renegotiated under section #aaid1 the ,secretary shall use data relating to the ,,aim price with respect to such drug as available or provided to the ,secretary and shall on an ongoing basis request from manufacturers of selected drugs information on the ,,aim price of such a drug4 7g7 ,new-,entrant negotiation-,eligible drugs 7#a7 ,in general ,for purposes of this part1 the term new-entrant negotiation-eligible drug means1 with respect to the selected drug publication date with respect to an initial price applicability year1 a qualifying single source drug-- 7,a7 that is first approved or licensed1 as described in paragraph 7#a71 7#b71 or 7#c7 of subsection 7e71 as applicable1 during the year preceding such selected drug publication date2 and 7,b7 that the ,secretary determines under paragraph 7#b7 is likely to be included as a negotiation-eligible drug with respect to the subsequent selected drug publication date4 7#b7 ,determination ,in the case of a qualifying single source drug that meets the criteria described in subparagraph 7,a7 of paragraph 7#a71 with respect to an initial price applicability year1 if the wholesale acquisition cost at which such drug is first marketed in the ,united ,states is equal to or greater than the median household income 7as determined according to the most recent data collected by the ,united ,states ,census ,bureau71 the ,secretary shall determine before the selected drug publication date with respect to the initial price applicability year1 if the drug is likely to be included as a negotiation-eligible drug with respect to the subsequent selected drug publication date1 based on the projected spending under title ,,xviii or in the ,united ,states on such drug4 ,for purposes of this paragraph the term ,united ,states includes the #ej ,states1 the ,district of ,columbia1 and the territories of the ,united ,states4 7h7 ,conflict of interest 7#a7 ,in general ,in the case the ,inspector ,general of the ,department of ,health and ,human ,services determines the ,secretary has a conflict1 with respect to a matter described in paragraph 7#b71 the individual described in paragraph 7#c7 shall carry out the duties of the ,secretary under this part1 with respect to a negotiation-eligible drug1 that would otherwise be such a conflict4 7#b7 ,matter described ,a matter described in this paragraph is-- 7,a7 a financial interest 7as described in section #bfce4djb of title #e1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this section1 7except for an interest described in subsection 7b77#b77;iv7 of such section77 on the date of the selected drug publication date1 with respect the price applicability year 7as applicable72 7,b7 a personal or business relationship 7as described in section #bfce4ejb of such title7 on the date of the selected drug publication date1 with respect the price applicability year2 7,c7 employment by a manufacturer of a negotiation-eligible drug during the preceding #aj-year period beginning on the date of the selected drug publication date1 with respect to each price applicability year2 and 7,d7 any other matter the ,general ,counsel determines appropriate4 7#c7 ,individual described ,an individual described in this paragraph is-- 7,a7 the highest-ranking officer or employee of the ,department of ,health and ,human ,services 7as determined by the organizational chart of the ,department7 that does not have a conflict under this subsection2 and 7,b7 is nominated by the ,president and confirmed by the ,senate with respect to the position4 #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 ,june #ae following the selected drug publication date with respect to such selected drug1 under which-- 7#a7 during the voluntary 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 period and in accordance with subsection 7c71 agree to7 a maximum fair price for such selected drug of the manufacturer in order to provide access to such price-- 7,a7 to fair price eligible individuals who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#a7 and are furnished or dispensed such drug 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 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 a process and during a period specified by the ,secretary pursuant to rulemaking1 renegotiate 7and1 by not later than the last date of such period and in accordance with subsection 7c71 agree to7 the maximum fair price for such drug if the ,secretary determines that there is a material change in any of the factors described in section #aaid7;d7 relating to the drug1 including changes in the ,,aim price for such drug1 in order to provide access to such maximum fair price 7as so renegotiated7-- 7,a7 to fair price eligible individuals who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#a7 and are furnished or dispensed such drug 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 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 the maximum fair price 7including as renegotiated pursuant to paragraph 7#b771 with respect to such a selected drug1 shall be provided to fair price eligible individuals1 who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#a71 at the pharmacy or by a mail order service at the point-of-sale of such drug2 7#d7 the manufacturer1 subject to subsection 7d71 submits to the ,secretary1 in a form and manner specified by the ,secretary-- 7,a7 for the voluntary negotiation period for the price applicability period 7and1 if applicable1 before any period of renegotiation specified pursuant to paragraph 7#b77 with respect to such drug all information that the ,secretary requires to carry out the negotiation 7or renegotiation process7 under this part1 including information described in section #aaib7;f7 and section #aaid7;d77#a72 and 7,b7 on an ongoing basis1 information on changes in prices for such drug that would affect the ,,aim price for such drug or otherwise provide a basis for renegotiation of the maximum fair price for such drug pursuant to paragraph 7#b72 7#e7 the manufacturer agrees that in the case the selected drug of a manufacturer is a drug described in subsection 7c71 the manufacturer will1 in accordance with such subsection1 make any payment required under such subsection with respect to such drug2 and 7#f7 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 drug1 until such drug is no longer considered a selected drug under section #aaib7;c74 7c7 ,special rule for certain selected drugs without ,,aim price 7#a7 ,in general ,in the case of a selected drug for which there is no ,,aim price available with respect to the initial price applicability year for such drug and for which an ,,aim price becomes available beginning with respect to a subsequent plan year during the price applicability period for such drug1 if the ,secretary determines that the amount described in paragraph 7#b77;,a7 for a unit of such drug is greater than the amount described in paragraph 7#b77;,b7 for a unit of such drug1 then by not later than one year after the date of such determination1 the manufacturer of such selected drug shall pay to the ,treasury an amount equal to the product of-- 7,a7 the difference between such amount described in paragraph 7#b77;,a7 for a unit of such drug and such amount described in paragraph 7#b77;,b7 for a unit of such drug2 and 7,b7 the number of units of such drug sold in the ,united ,states1 including the #ej ,states1 the ,district of ,columbia1 and the territories of the ,united ,states1 during the period described in paragraph 7#b77;,b74 7#b7 ,amounts described 7,a7 ,weighted average price before ,,aim price available ,for purposes of paragraph 7#a71 the amount described in this subparagraph for a selected drug described in such paragraph1 is the amount equal to the weighted average manufacturer price 7as defined in section #aibg7k77#a77 for such dosage strength and form for the drug during the period beginning with the first plan year for which the drug is included on the list of negotiation-eligible drugs published under section #aaib7;d7 and ending with the last plan year during the price applicability period for such drug with respect to which there is no ,,aim price available for such drug4 7,b7 ,amount multiplier after ,,aim price available ,for purposes of paragraph 7#a71 the amount described in this subparagraph for a selected drug described in such paragraph1 is the amount equal to #bjj percent of the ,,aim price for such drug with respect to the first plan year during the price applicability period for such drug with respect to which there is an ,,aim price available for such drug4 7d7 ,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 may 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 7e7 ,regulations 7#a7 ,in general ,the ,secretary shall1 pursuant to rulemaking1 specify1 in accordance with paragraph 7#b71 the information that must be submitted under subsection 7a77#d74 7#b7 ,information specified ,information described in paragraph 7#a71 with respect to a selected drug1 shall include information on sales of the drug 7by the manufacturer of the drug or by another entity under license or other agreement with the manufacturer1 with respect to the sales of such drug1 regardless of the name under which the drug is sold7 in any foreign country that is part of the ,,aim price4 ,the ,secretary shall verify1 to the extent practicable1 such sales from appropriate officials of the government of the foreign country involved4 7f7 ,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 section #aaif7;c77#a71 as applicable1 for purposes of administering the program4 #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 7b7 and 7c71 the ,secretary and the manufacturer-- 7#a7 shall during the voluntary negotiation period with respect to the initial price applicability year for 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 as applicable pursuant to section #aaic7;a77#b7 and in accordance with the process specified pursuant to such section1 renegotiate such maximum fair price for such drug for the purpose described in such section4 7b7 ,negotiating methodology and objective 7#a7 ,in general ,the ,secretary shall develop and use a consistent methodology for negotiations under subsection 7a7 that1 in accordance with paragraph 7#b7 and subject to paragraph 7#c71 achieves the lowest maximum fair price for each selected drug while appropriately rewarding innovation4 7#b7 ,prioritizing factors ,in considering the factors described in subsection 7d7 in negotiating 7and1 as applicable1 renegotiating7 the maximum fair price for a selected drug1 the ,secretary shall1 to the extent practicable1 consider all of the available factors listed but shall prioritize the following factors3 7,a7 ,research and development costs ,the factor described in paragraph 7#a77;,a7 of subsection 7d74 7,b7 ,market data ,the factor described in paragraph 7#a77;,b7 of such subsection4 7,c7 ,unit costs of production and distribution ,the factor described in paragraph 7#a77;,c7 of such subsection4 7,d7 ,comparison to existing therapeutic alternatives ,the factor described in paragraph 7#b77;,a7 of such subsection4 7#c7 ,requirement 7,a7 ,in general ,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 in the case that the manufacturer of the selected drug offers under the negotiation or renegotiation1 as applicable1 a price for such drug that is not more than the target price described in subparagraph 7,b7 for such drug for the respective year1 the ,secretary shall agree under such negotiation or renegotiation1 respectively1 to such offered price as the maximum fair price4 7,b7 ,target price 7i7 ,in general ,subject to clause 7ii71 the target price described in this subparagraph for a selected drug with respect to a year1 is the average price 7which shall be the net average price1 if practicable1 and volume-weighted1 if practicable7 for a unit of such drug for sales of such drug1 as computed 7across different dosage forms and strengths of the drug and not based on the specific formulation or package size or package type of the drug7 in the applicable country described in section #aaia7;c77#c77;,b7 with respect to such drug that1 with respect to such year1 has the lowest average price for such drug as compared to the average prices 7as so computed7 of such drug with respect to such year in the other applicable countries described in such section with respect to such drug4 7ii7 ,selected drugs without ,,aim price ,in applying this paragraph in the case of negotiating the maximum fair price of a selected drug for which there is no ,,aim price available with respect to the initial price applicability year for such drug1 or1 as applicable1 renegotiating the maximum fair price for such drug with respect to a subsequent year during the price applicability period for such drug before the first plan year for which there is an ,,aim price available for such drug1 the target price described in this subparagraph for such drug and respective year is the amount that is #hj percent of the average manufacturer price 7as defined in section #aibg7k77#a77 for such drug and year4 7c7 ,limitation 7#a7 ,in general ,subject to paragraph 7#b71 the maximum fair price negotiated 7including as renegotiated7 under this section for a selected drug1 with respect to each plan year during a price applicability period for such drug1 shall not exceed #abj percent of the ,,aim price applicable to such drug with respect to such year4 7#b7 ,selected drugs without ,,aim price ,in the case of a selected drug for which there is no ,,aim price available with respect to the initial price applicability year for such drug1 for each plan year during the price applicability period before the first plan year for which there is an ,,aim price available for such drug1 the maximum fair price negotiated 7including as renegotiated7 under this section for the selected drug shall not exceed the amount equal to #he percent of the average manufacturer price for the drug with respect to such year4 7d7 ,considerations ,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 the ,secretary1 consistent with subsection 7b77#b71 shall take into consideration the factors described in paragraphs 7#a71 7#b71 7#c71 and 7#e71 and may take into consideration the factor described in paragraph 7#d73 7#a7 ,manufacturer-specific information ,the following information1 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 drug in the ,united ,states or in applicable countries described in section #aaia7;c77#c77;,b74 7#b7 ,information on alternative products ,the following information3 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 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 terminally ill1 children1 and other patient populations4 ,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 ,nothing in the previous sentence shall affect the application or consideration of an ,,aim price for a selected drug4 7#c7 ,foreign sales information ,to the extent available on a timely basis1 including as provided by a manufacturer of the selected drug or otherwise1 information on sales of the selected drug in each of the countries described in section #aaia7;c77#c77;,b74 7#d7 ,,va drug pricing information ,information disclosed to the ,secretary pursuant to subsection 7f74 7#e7 ,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 7e7 ,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 7d77#a72 and 7#b7 by not later than ,october #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 may require4 ,the ,secretary shall request1 from the manufacturer or others1 such additional information as may be needed to carry out the negotiation and renegotiation process under this section4 7f7 ,disclosure of information ,for purposes of this part1 the ,secretary of ,veterans ,affairs may disclose to the ,secretary of ,health and ,human ,services the price of any negotiation-eligible drug that is purchased pursuant to section #habf of title #ch1 ,united ,states ,code4 #aaie4 ,publication of maximum fair prices 7a7 ,in general ,with respect to an initial price applicability year and selected drug with respect to such year1 not later than ,april #a of the plan year prior to such initial price applicability year1 the ,secretary shall publish in the ,federal ,register the maximum fair price for such drug negotiated under this part with the manufacturer of such drug4 7b7 ,updates 7#a7 ,subsequent year maximum fair prices ,for a selected drug1 for each plan year subsequent to the initial price applicability year for such drug with respect to which an agreement for such drug is in effect under section #aaic1 the ,secretary shall publish in the ,federal ,register-- 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 7including through agreements with manufacturers under this part1 contracts with prescription drug plans under part ,d of title ,,xviii and ,,ma-,,pd plans under part ,c of such title1 and agreements under section #aaig with group health plans and health insurance issuers of health insurance coverage offered in the individual or group market7 under which the maximum fair price for a selected drug is provided to fair price eligible individuals1 who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#a71 at pharmacies or by mail order service at the point-of-sale of the drug for the applicable price period for such drug and providing that such maximum fair price is used for determining cost-sharing under such plans or coverage for the selected drug4 7,b7 ,the establishment of procedures 7including through agreements with manufacturers under this part and contracts with hospitals1 physicians1 and other providers of services and suppliers and agreements under section #aaig with group health plans and health insurance issuers of health insurance coverage offered in the individual or group market7 under which1 in the case of a selected drug furnished or administered by such a hospital1 physician1 or other provider of services or supplier to fair price eligible individuals 7who with respect to such drug are described in subparagraph 7,b7 of section #aaia7;c77#a771 the maximum fair price for the selected drug is provided to such hospitals1 physicians1 and other providers of services and suppliers 7as applicable7 with respect to such individuals and providing that such maximum fair price is used for determining cost-sharing under the respective part1 plan1 or coverage for the selected drug4 7,c7 ,the establishment of procedures 7including through agreements and contracts described in subparagraphs 7,a7 and 7,b77 to ensure that1 not later than #ij days after the dispensing of a selected drug to a fair price eligible individual 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 lesser of-- 7,i7 the wholesale acquisition cost of the drug2 7,,ii7 the national average drug acquisition cost of the drug2 and 7,,iii7 any other similar determination of pharmacy acquisition costs of the drug1 as determined by the ,secretary2 and 7ii7 the maximum fair price for the drug4 7,d7 ,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 fair price eligible individuals as the ,secretary may specify2 and 7ii7 any other discounts4 7,e7 ,the establishment of procedures to enter into appropriate agreements and protocols for the ongoing computation of ,,aim prices for selected drugs1 including1 to the extent possible1 to compute the ,,aim price for selected drugs and including by providing that the manufacturer of such a selected drug should provide information for such computation not later than #c months after the first date of the voluntary negotiation period for such selected drug4 7,f7 ,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,g7 ,the establishment of procedures to negotiate and apply the maximum fair price in a manner that does not include any dispensing or similar fee4 7,h7 ,the establishment of procedures to carry out the provisions of this part1 as applicable1 with respect to-- 7i7 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 7ii7 fair price eligible individuals who are enrolled under a group health plan or health insurance coverage offered by a health insurance issuer in the individual or group market with respect to which there is an agreement in effect under section #aaig2 and 7iii7 fair price eligible individuals who are entitled to benefits under part ,a of title ,,xviii or enrolled under part ,b of such title4 7,i7 ,the establishment of a negotiation process and renegotiation process in accordance with section #aaid1 including a process for acquiring information described in subsection 7d7 of such section and determining amounts described in subsection 7b7 of such section4 7,j7 ,the provision of a reasonable dispute resolution mechanism to resolve disagreements between manufacturers1 fair price eligible individuals1 and the third party with a contract under subsection 7c77#a74 7#b7 ,monitoring compliance 7,a7 ,in general ,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 may be reported4 7,b7 ,notification ,if a third party with a contract under subsection 7c77#a7 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 section #daib of the ,internal ,revenue ,code of #aihf or section #aaih1 as applicable4 7b7 ,collection of data 7#a7 ,from prescription drug plans and ,,ma-,,pd plans ,the ,secretary may collect appropriate data from prescription drug plans under part ,d of title ,,xviii and ,,ma-,,pd plans under part ,c of such title in a timeframe that allows for maximum fair prices to be provided under this part for selected drugs4 7#b7 ,from health plans ,the ,secretary may collect appropriate data from group health plans or health insurance issuers offering group or individual health insurance coverage in a timeframe that allows for maximum fair prices to be provided under this part for selected drugs4 7#c7 ,coordination of data collection ,to the extent feasible1 as determined by the ,secretary1 the ,secretary shall ensure that data collected pursuant to this subsection is coordinated with1 and not duplicative of1 other ,federal data collection efforts4 7c7 ,contract with third parties 7#a7 ,in general ,the ,secretary may enter into a contract with #a or more third parties to administer the requirements established by the ,secretary in order to carry out this part4 ,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 part2 7,c7 provide adequate and timely information to manufacturers1 consistent with the agreement with the manufacturer under this part1 as necessary for the manufacturer to fulfill its obligations under this part2 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#b7 ,performance requirements ,the ,secretary shall establish performance requirements for a third party with a contract under paragraph 7#a7 and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this part4 #aaig4 ,voluntary participation by other health plans 7a7 ,agreement ,to participate under program 7#a7 ,in general ,subject to paragraph 7#b71 under the program under this part the ,secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage 7as such terms are defined in section #bgia of the ,public ,health ,service ,act71 with respect to a price applicability period and a selected drug with respect to such period-- 7,a7 with respect to such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed2 and 7,b7 with respect to such selected drug furnished or administered by a hospital1 physician1 or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered4 7#b7 ,opting out of agreement ,the ,secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects1 through a process specified by the ,secretary1 not to participate under the program with respect to such period and drug4 7b7 ,publication of election ,with respect to each price applicability period and each selected drug with respect to such period1 the ,secretary and the ,secretary of ,labor and the ,secretary of the ,treasury1 as applicable1 shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage1 with respect to which coverage is provided under such plan or coverage for such drug1 that has elected under subsection 7a7 not to participate under the program with respect to such period and drug4 #aaih4 ,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 plan year during the price applicability period for 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 fair price eligible individual who with respect to such drug is described in subparagraph 7,a7 of section #aaia7;c77#a7 and who is furnished or dispensed such drug during such year2 or 7#b7 to a hospital1 physician1 or other provider of services or supplier with respect to 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 difference between the price for such drug made available for such year by such manufacturer with respect to such individual or hospital1 physician1 provider1 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 plan year during the price applicability period for such drug1 that is in violation of a requirement imposed pursuant to section #aaic7;a77#f7 shall be subject to a civil monetary penalty of not more than #a1jjj1jjj for each such violation4 7c7 ,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 #aaii4 ,miscellaneous provisions 7a7 ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to data collected under this part4 7b7 ,limitation on judicial review ,the following shall not be subject to judicial review3 7#a7 ,the selection of drugs for publication under section #aaib7;a74 7#b7 ,the determination of whether a drug is a negotiation-eligible drug under section #aaib7;d74 7#c7 ,the determination of the maximum fair price of a selected drug under section #aaid4 7#d7 ,the determination of units of a drug for purposes of section #aaia7;c77#c74 7c7 ,coordination ,in carrying out this part with respect to group health plans or health insurance coverage offered in the group market that are subject to oversight by the ,secretary of ,labor or the ,secretary of the ,treasury1 the ,secretary of ,health and ,human ,services shall coordinate with such respective ,secretary4 7d7 ,data sharing ,the ,secretary shall share with the ,secretary of the ,treasury such information as is necessary to determine the tax imposed by section #daib of the ,internal ,revenue ,code of #aihf4 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 defined 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 plan year during such period after paragraph 7#d74 7,b7 ,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 by inserting 1 except as provided under part ,e of title ,,xi after the ,secretary4 7,c7 ,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 defined 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 the maximum fair price 7as defined in section #aaia7;c77#b77 for such drug and for each plan year during such period4 4 7,d7 ,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 #aaif7;b74 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 ,under group health plans and health insurance coverage 7,a7 ,,phsa ,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 following new section3 #bgii;,a-#aa4 ,fair ,price ,negotiation ,program and application of maximum fair prices 7a7 ,in general ,in the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section #aaig of the ,social ,security ,act as having in effect an agreement with the ,secretary under the ,fair ,price ,negotiation ,program under part ,e of title ,,xi of such ,act1 with respect to a price applicability period 7as defined in section #aaia7;b7 of such ,act7 and a selected drug 7as defined in section #aaib7;c7 of such ,act7 with respect to such period with respect to which coverage is provided under such plan or coverage-- 7#a7 the provisions of such part shall apply-- 7,a7 if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or dispensed at a pharmacy or by a mail order service1 to the plans or coverage offered by such plan or issuer1 and to the individuals enrolled under such plans or coverage1 during such period1 with respect to such selected drug1 in the same manner as such provisions apply to prescription drug plans and ,,ma-,,pd plans1 and to individuals enrolled under such prescription drug plans and ,,ma-,,pd plans during such period2 and 7,b7 if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or administered by a hospital1 physician1 or other provider of services or supplier1 to the plans or coverage offered by such plan or issuers1 to the individuals enrolled under such plans or coverage1 and to hospitals1 physicians1 and other providers of services and suppliers during such period1 with respect to such drug in the same manner as such provisions apply to the ,secretary1 to individuals entitled to benefits under part ,a of title ,,xviii or enrolled under part ,b of such title1 and to hospitals1 physicians1 and other providers and suppliers participating under title ,,xviii during such period2 7#b7 the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage1 with respect to such selected drug1 by substituting an amount not more than the maximum fair price negotiated under such part ,e of title ,,xi for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied1 and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price2 and 7#c7 the ,secretary shall apply the provisions of such part ,e to such plan1 issuer1 and coverage1 such individuals so enrolled in such plans and coverage1 and such hospitals1 physicians1 and other providers and suppliers participating in such plans and coverage4 7b7 ,notification regarding nonparticipation in ,fair ,price ,negotiation ,program ,a group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the ,secretary any election made under section #aaig of the ,social ,security ,act by the plan or issuer to not participate in the ,fair ,price ,negotiation ,program under part ,e of title ,,xi of such ,act with respect to a selected drug 7as defined in section #aaib7;c7 of such ,act7 for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made4 4 7,b7 ,,erisa 7i7 ,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 #aaha et seq47 is amended by adding at the end the following new section3 #gbf4 ,fair ,price ,negotiation ,program and application of maximum fair prices 7a7 ,in general ,in the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section #aaig of the ,social ,security ,act as having in effect an agreement with the ,secretary under the ,fair ,price ,negotiation ,program under part ,e of title ,,xi of such ,act1 with respect to a price applicability period 7as defined in section #aaia7;b7 of such ,act7 and a selected drug 7as defined in section #aaib7;c7 of such ,act7 with respect to such period with respect to which coverage is provided under such plan or coverage-- 7#a7 the provisions of such part shall apply1 as applicable-- 7,a7 if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or dispensed at a pharmacy or by a mail order service1 to the plans or coverage offered by such plan or issuer1 and to the individuals enrolled under such plans or coverage1 during such period1 with respect to such selected drug1 in the same manner as such provisions apply to prescription drug plans and ,,ma-,,pd plans1 and to individuals enrolled under such prescription drug plans and ,,ma-,,pd plans during such period2 and 7,b7 if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or administered by a hospital1 physician1 or other provider of services or supplier1 to the plans or coverage offered by such plan or issuers1 to the individuals enrolled under such plans or coverage1 and to hospitals1 physicians1 and other providers of services and suppliers during such period1 with respect to such drug in the same manner as such provisions apply to the ,secretary1 to individuals entitled to benefits under part ,a of title ,,xviii or enrolled under part ,b of such title1 and to hospitals1 physicians1 and other providers and suppliers participating under title ,,xviii during such period2 7#b7 the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage1 with respect to such selected drug1 by substituting an amount not more than the maximum fair price negotiated under such part ,e of title ,,xi for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied1 and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price2 and 7#c7 the ,secretary shall apply the provisions of such part ,e to such plan1 issuer1 and coverage1 and such individuals so enrolled in such plans4 7b7 ,notification regarding nonparticipation in ,fair ,price ,negotiation ,program ,a group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the ,secretary any election made under section #aaig of the ,social ,security ,act by the plan or issuer to not participate in the ,fair ,price ,negotiation ,program under part ,e of title ,,xi of such ,act with respect to a selected drug 7as defined in section #aaib7;c7 of such ,act7 for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made4 4 7ii7 ,application to retiree and certain small group health plans ,section #gcb7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia;a7a77 is amended by striking section #gaa and inserting sections #gaa and #gbf4 7iii7 ,clerical amendment ,the table of sections for subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd is amended by adding at the end the following3 ,sec4 #gbf4 ,fair ,price ,negotiation ,program and application of maximum fair prices4 4 7,c7 ,,irc 7i7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ihbf4 ,fair ,price ,negotiation ,program and application of maximum fair prices 7a7 ,in general ,in the case of a group health plan that is treated under section #aaig of the ,social ,security ,act as having in effect an agreement with the ,secretary under the ,fair ,price ,negotiation ,program under part ,e of title ,,xi of such ,act1 with respect to a price applicability period 7as defined in section #aaia7;b7 of such ,act7 and a selected drug 7as defined in section #aaib7;c7 of such ,act7 with respect to such period with respect to which coverage is provided under such plan-- 7#a7 the provisions of such part shall apply1 as applicable-- 7,a7 if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service1 to the plan1 and to the individuals enrolled under such plan during such period1 with respect to such selected drug1 in the same manner as such provisions apply to prescription drug plans and ,,ma-,,pd plans1 and to individuals enrolled under such prescription drug plans and ,,ma-,,pd plans during such period2 and 7,b7 if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital1 physician1 or other provider of services or supplier1 to the plan1 to the individuals enrolled under such plan1 and to hospitals1 physicians1 and other providers of services and suppliers during such period1 with respect to such drug in the same manner as such provisions apply to the ,secretary1 to individuals entitled to benefits under part ,a of title ,,xviii or enrolled under part ,b of such title1 and to hospitals1 physicians1 and other providers and suppliers participating under title ,,xviii during such period2 7#b7 the plan shall apply any cost-sharing responsibilities under such plan1 with respect to such selected drug1 by substituting an amount not more than the maximum fair price negotiated under such part ,e of title ,,xi for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied1 and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price2 and 7#c7 the ,secretary shall apply the provisions of such part ,e to such plan and such individuals so enrolled in such plan4 7b7 ,notification regarding nonparticipation in ,fair ,price ,negotiation ,program ,a group health plan shall publicly disclose in a manner and in accordance with a process specified by the ,secretary any election made under section #aaig of the ,social ,security ,act by the plan to not participate in the ,fair ,price ,negotiation ,program under part ,e of title ,,xi of such ,act with respect to a selected drug 7as defined in section #aaib7;c7 of such ,act7 for which coverage is provided under such plan before the beginning of the plan year for which such election was made4 4 7ii7 ,application to retiree and certain small group health plans ,section #ihca7;a77#b7 of the ,internal ,revenue ,code of #aihf is amended by inserting other than with respect to section #ihbf1 before any group health plan4 7iii7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj of such ,code is amended by adding at the end the following new item3 ,sec4 #ihbf4 ,fair ,price ,negotiation ,program and application of maximum fair prices4 4 7#c7 ,fair price negotiation program prices included in best price and ,,amp ,section #aibg of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7 is amended-- 7,a7 in subsection 7c77#a77;,c77ii7-- 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 defined in section #aaib7;c77 during such rebate period1 shall be inclusive of the price for such drug made available from the manufacturer during the rebate period by reason of application of part ,e of title ,,xi to any wholesaler1 retailer1 provider1 health maintenance organization1 nonprofit entity1 or governmental entity within the ,united ,states4 2 and 7,b7 in subsection 7k77#a77;,b71 by adding at the end the following new clause3 7iii7 ,clarification ,notwithstanding clause 7i71 in the case of a rebate period and a covered outpatient drug that is a selected drug 7as defined in section #aaib7;c77 during such rebate period1 any reduction in price paid during the rebate period to the manufacturer for the drug by a wholesaler or retail community pharmacy described in subparagraph 7,a7 by reason of application of part ,e of title ,,xi shall be included in the average manufacturer price for the covered outpatient drug4 4 7#d7 ,,fehbp ,section #hijb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7p7 ,a contract may not be made or a plan approved under this chapter with any carrier that has affirmatively elected1 pursuant to section #aaig of the ,social ,security ,act1 not to participate in the ,fair ,price ,negotiation ,program established under section #aaia of such ,act for any selected drug 7as that term is defined in section #aaib7;c7 of such ,act74 4 7#e7 ,option of ,secretary of ,veterans ,affairs to purchase covered drugs at maximum fair prices ,section #habf of title #ch1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#b71 by inserting 1 subject to subsection 7j71 after may not exceed2 7,b7 in subsection 7d71 in the matter preceding paragraph 7#a71 by inserting 1 subject to subsection 7j7 after for the procurement of the drug2 and 7,c7 by adding at the end the following new subsection3 7j7 7#a7 ,in the case of a covered drug that is a selected drug1 for any year during the price applicability period for such drug1 if the ,secretary determines that the maximum fair price of such drug for such year is less than the price for such drug otherwise in effect pursuant to this section 7including after application of any reduction under subsection 7a77#b7 and any discount under subsection 7c771 at the option of the ,secretary1 in lieu of the maximum price 7determined after application of the reduction under subsection 7a77#b7 and any discount under subsection 7c71 as applicable7 that would be permitted to be charged during such year for such drug pursuant to this section without application of this subsection1 the maximum price permitted to be charged during such year for such drug pursuant to this section shall be such maximum fair price for such drug and year4 7#b7 ,for purposes of this subsection3 7,a7 ,the term maximum fair price means1 with respect to a selected drug and year during the price applicability period for such drug1 the maximum fair price 7as defined in section #aaia7;c77#b7 of the ,social ,security ,act7 for such drug and year4 7,b7 ,the term negotiation eligible drug has the meaning given such term in section #aaib7;d77#a7 of the ,social ,security ,act4 7,c7 ,the term price applicability period has1 with respect to a selected drug1 the meaning given such term in section #aaia7;b77#b7 of such ,act4 7,d7 ,the term selected drug means1 with respect to a year1 a drug that is a selected drug under section #aaib7;c7 of such ,act for such year4 4 #acijjb4 ,selected drug manufacturer excise tax imposed during noncompliance periods 7a7 ,in general ,subchapter ,e of chapter #cb of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #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 ,june #afth 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 ,april #ast immediately following the ,june #afth described in paragraph 7#a7 and ending on the first date during which the manufacturer of the drug has 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 7#e7 ,in the case of a selected drug with respect to which a payment is due under subsection 7c7 of such section #aaic1 the period beginning on the date on which the ,secretary of ,health and ,human ,services certifies that such payment is overdue and ending on the date that such payment is made in full4 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 #bge of the ,internal ,revenue ,code of #aihf is amended by adding or by section #daib before the period at the end of subsection 7a77#f74 7c7 ,conforming amendments 7#a7 ,section #dbba7;a7 of the ,internal ,revenue ,code of #aihf is amended by inserting or #daib after section #daia4 7#b7 ,section #fdaf7;b77#b7 of such ,code is amended by inserting or #daib after section #daia4 7d7 ,clerical amendments 7#a7 ,the heading of subchapter ,e of chapter #cb of the ,internal ,revenue ,code of #aihf is amended by striking ,medical devices and inserting ,other medical products4 7#b7 ,the table of subchapters for chapter #cb of such ,code is amended by striking the item relating to subchapter ,e and inserting the following new item3 ,subchapter ,e4 ,other medical products 4 7#c7 ,the table of sections for subchapter ,e of chapter #cb of such ,code is amended by adding at the end the following new item3 ,sec4 #daib4 ,selected drugs during noncompliance periods4 4 7e7 ,effective date ,the amendments made by this section shall apply to sales after the date of the enactment of this ,act4 #acijjc4 ,fair ,price ,negotiation ,implementation ,fund 7a7 ,in general ,there is hereby established a ,fair ,price ,negotiation ,implementation ,fund 7referred to in this section as the ,fund74 ,the ,secretary of ,health and ,human ,services may obligate and expend amounts in the ,fund to carry out this part and parts #b and #c 7and the amendments made by such parts74 7b7 ,funding ,there is authorized to be appropriated1 and there is hereby appropriated1 out of any monies in the ,treasury not otherwise appropriated1 to the ,fund #c1jjj1jjj1jjj1 to remain available until expended1 of which-- 7#a7 #fjj1jjj1jjj shall become available on the date of the enactment of this ,act2 7#b7 #fjj1jjj1jjj shall become available on ,october #a1 #bjbc2 7#c7 #fjj1jjj1jjj shall become available on ,october #a1 #bjbd2 7#d7 #fjj1jjj1jjj shall become available on ,october #a1 #bjbe2 and 7#e7 #fjj1jjj1jjj shall become available on ,october #a1 #bjbf4 7c7 ,supplement not supplant ,any amounts appropriated pursuant to this section shall be in addition to any other amounts otherwise appropriated pursuant to any other provision of law4 #b ,prescription ,drug ,inflation ,rebates #aciaja4 ,medicare part ,b rebate by manufacturers 7a7 ,in general ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7 is amended by adding at the end the following new subsection3 7z7 ,rebate by manufacturers for single source drugs 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 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 section #ahdg;,a7c77#f771 including a biosimilar biological product 7as defined in subparagraph 7,h7 of such section71 payable 7if such drug were furnished to an individual enrolled under this part7 under this part1 except such term shall not include such a drug or biological-- 7i7 if the average total allowed charges under this part as determined by the ,secretary for a year per individual that uses such a drug or biological1 as determined by the ,secretary1 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 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 ending with ,june 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#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 subparagraph 7,b7 and paragraph 7#d71 the amount equal to the product of-- 7i7 the total number of units1 as described in section #ahdg;,a7c77#a77;,b71 with respect to such drug during the calendar quarter2 and 7ii7 the amount 7if any7 by which-- 7,i7 the payment amount under subparagraph 7,b7 or 7,c7 of section #ahdg;,a7b77#a71 as applicable1 for such part ,b rebatable 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 ,excluded units ,for purposes of subparagraph 7,a77i71 the ,secretary shall exclude from the total number of units with respect to a part ,b rebatable drug and calendar quarter units of such part ,b 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;,a7 for the most recent rebate period4 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 beginning ,january #a1 #bjaf4 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 ,july #bjae4 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#d7 ,special treatment of certain drugs and exemption 7,a7 ,subsequently approved drugs ,subject to subparagraph 7,b71 in the case of a part ,b rebatable drug first approved or licensed by the ,food and ,drug ,administration after ,july #a1 #bjae1 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 ,july #bjae 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 ,july #a1 #bjae1 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,c7 ,exemption for shortages ,the ,secretary may reduce or waive the rebate amount under paragraph 7#a77;,b7 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 other exigent circumstances1 as determined by the ,secretary4 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#b77-- 7i7 for calendar quarters during such period for which a maximum fair price 7as defined in section #aaia7;c77#b77 for such drug has been determined and is applied under part ,e of title ,,xi1 the rebate amount under paragraph 7#a77;,b7 shall be waived2 and 7ii7 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 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 ,july #bjae under such paragraph were a reference to the ,july 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 under this part for a 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 based on 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 is equal to #bj percent of such inflation-adjusted payment amount so determined4 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 7#h7 ,application to multiple source drugs ,the ,secretary may1 pursuant to rulemaking1 apply the provisions of this subsection to multiple source drugs 7as defined in section #ahdg;,a7c77#f77;,c771 including1 for purposes of determining the rebate amount under paragraph 7#c71 by calculating manufacturer-specific average sales prices for the benchmark period and the rebate period4 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 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by inserting 1 subject to subsection 7i77#i71 after the amounts paid2 7ii7 in subparagraph 7,s71 by striking with respect to and inserting subject to subparagraph 7,,dd71 with respect to2 7iii7 by striking and 7,,dd7 and inserting 7,,ee72 and 7iv7 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 #ahcd7z77 for which the payment amount for a calendar quarter under paragraph 7#c77;,a77ii77,i7 of such section 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 the difference between 7i7 the payment amount under paragraph 7#c77;,a77ii77,i7 of such section for such drug1 and 7ii7 #bj percent of the inflation-adjusted payment amount under paragraph 7#c77;,a77ii77,,ii7 of such section for such drug2 and 7,b7 by adding at the end of the flush left matter following paragraph 7#i71 the following3 ,for purposes of applying paragraph 7#a77;,,ee71 subsections 7i77#i7 and 7t77#h77;,f71 and section #ahcd7z77#e71 the ,secretary shall make such estimates and use such data as the ,secretary determines appropriate1 and may do so by program instruction or otherwise4 2 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 #ahcd7z77 for which payment under this subsection is not packaged into a payment for a covered ,,opd service 7as defined in subsection 7t77#a77;,b77 7or group of services7 furnished on or after ,july #a1 #bjbc1 under the system under this subsection1 in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection1 the provisions of section #ahcd7z77#e71 paragraph 7#a77;,,ee7 of subsection 7a71 and the flush left matter following paragraph 7#i7 of subsection 7a71 shall1 as determined appropriate by the ,secretary1 apply under this subsection in the same manner as such provisions of section #ahcd7z77#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 #ahcd7z77 for which payment under this part is not packaged into a payment for a service furnished on or after ,july #a1 #bjbc1 under the system under this subsection1 in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection1 the provisions of section #ahcd7z77#e71 paragraph 7#a77;,,ee7 of subsection 7a71 and the flush left matter following paragraph 7#i7 of subsection 7a71 shall1 as determined appropriate by the ,secretary1 apply under this subsection in the same manner as such provisions of section #ahcd7z77#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 or section #ahcd7z7 after section #aibg4 7#b7 ,excluding parts ,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 #ahcd7z7 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 striking or to carry out section #ahdg;,b and inserting to carry out section #ahdg;,b or section #ahcd7z74 #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 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 ,information on the amount 7if any7 of the excess average manufacturer price increase described in subsection 7b77#a77;,b7 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 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,b7 of this paragraph and subparagraphs 7,b7 and 7,c7 of paragraph 7#e71 the amount equal to the product of-- 7i7 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 recent rebate period under such section1 with respect to such year1 under such section for which such information is available2 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 drug and the most recent rebate period under section #aibg1 with respect to an applicable year1 for which such information is available1 units of each dosage form and strength of such part ,d rebatable drug1 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 such rebate period4 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 for the purpose of calculating average manufacturer price under section #aibg during each such calendar quarter of such year2 to 7ii7 the total number of units of such dosage form and strength reported for the purpose of calculating average manufacturer price under section #aibg during 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 subparagraphs 7,a7 and 7,d7 of 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 of such dosage form and strength dispensed during each such calendar quarter of such payment amount benchmark year2 to 7ii7 the total number of units of such dosage form and strength dispensed during 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 ,january #a1 #bjaf1 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 ,january #bjaf 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 ,exemption for shortages ,the ,secretary may reduce or waive the rebate under paragraph 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 other exigent circumstances1 as determined by the ,secretary4 7,c7 ,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 amount specified in this subsection with respect to such part ,d rebatable drug and an applicable year with consideration of the original part ,d rebatable drug4 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,d7 ,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#b77-- 7i7 for plan years during such period for which a maximum fair price 7as defined in section #aaia7;c77#b77 for such drug has been determined and is applied under part ,e of title ,,xi1 the rebate under subsection 7a77#a77;,b7 shall be waived2 and 7ii7 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 ,january #bjaf under such subsection were a reference to ,january of the last year beginning during such price applicability period with respect to such drug4 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#a77;,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 ,judicial review ,there shall be no 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 defined 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 defined ,the term unit means1 with respect to a part ,d rebatable drug1 the lowest identifiable quantity 7such as a capsule or tablet1 milligram of molecules1 or grams7 of the part ,d rebatable drug1 including data reported under section #aibg4 7#c7 ,payment amount benchmark year ,the term payment amount benchmark year means the year beginning ,january #a1 #bjaf4 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 ,january #bjaf4 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 year beginning with #bjbc4 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 section #aibg or section #ahcd7z7 and inserting section #aibg1 section #ahcd7z71 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 #ahcd7z7 and inserting 1 section #ahcd7z71 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 section #ahcd7z7 and inserting 1 section #ahcd7z71 or section #ahfj;,d-#ad;,b4 #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 #bjah 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 7ii71 by striking clause 7i77,i7 and inserting clause 7i77,i77aa72 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 ,decreasing reinsurance payment amount ,section #ahfj;,d-#ae7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;b77#a77 is amended by inserting after #hj percent the following3 7or1 with respect to a coverage year after #bjbc1 #bj percent74 7c7 ,manufacturer discount program 7#a7 ,in general ,part ,d of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aja et seq471 as amended by section #aciajb1 is further amended by inserting after section #ahfj;,d-#ad;,b the following new section3 #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 provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after ,january #a1 #bjbd4 7,b7 ,provision of discounted prices at the point-of-sale ,the discounted prices described in subparagraph 7,a7 shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug4 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 7or such agreement shall be renewed under paragraph 7#d77;,a77 not later than ,january #cj of the preceding year4 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 may 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 #cj 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 #cj 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 under which discounted prices are provided to applicable beneficiaries at pharmacies or by mail order service at the point-of-sale of an applicable drug2 7,c7 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,d7 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 the ,secretary may specify2 and 7,e7 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 may implement the program under this section by program instruction or otherwise4 7#f7 ,administration ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the program under this section4 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 ,the ,secretary may impose a civil money penalty on a manufacturer that fails to provide applicable beneficiaries discounts for applicable drugs of the manufacturer in accordance with such agreement 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;,c71 for covered part ,d drugs in the year that exceed the annual deductible with respect to such individual for such year1 as specified in section #ahfj;,d-#b7;b77#a71 section #ahfj;,d-#ad7;a77#a77;,b71 or section #ahfj;,d-#ad7;a77#b77;,b71 as applicable4 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 defined in 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 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 #gj percent of the negotiated price of such drug4 7,b7 ,clarification ,nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug4 7,c7 ,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 regulation71 except that1 with respect to an applicable drug1 such negotiated price shall not include any dispensing 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 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 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 7d7 ,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 7e7 ,effective date ,the amendments made by this section shall apply with respect to plan year #bjbd and subsequent plan years4 #acibjb4 ,allowing certain enrollees of prescription drug plans and ,,ma-,,pd plans under ,medicare program to spread out cost-sharing under certain circumstances ,section #ahfj;,d-#b7;b77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;b77#b771 as amended by section #acibja1 is further amended-- 7#a7 in subparagraph 7,a71 by striking ,subject to subparagraphs 7,c7 and 7,d7 and inserting ,subject to subparagraphs 7,c71 7,d71 and 7,e72 and 7#b7 by adding at the end the following new subparagraph3 7,e7 ,enrollee option regarding spreading cost-sharing ,the ,secretary shall establish by regulation a process under which1 with respect to plan year #bjbd and subsequent plan years1 a prescription drug plan or an ,,ma-,,pd plan shall1 in the case of a part ,d eligible individual enrolled with such plan for such plan year who is not a subsidy eligible individual 7as defined in section #ahfj;,d-#ad7;a77#c77 and with respect to whom the plan projects that the dispensing of the first fill of a covered part ,d drug to such individual will result in the individual incurring costs that are equal to or above the annual out-of-pocket threshold specified in paragraph 7#d77;,b7 for such plan year1 provide such individual with the option to make the coinsurance payment required under subparagraph 7,a7 7for the portion of such costs that are not above such annual out-of-pocket threshold7 in the form of periodic installments over the remainder of such plan year4 4 #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 ,september #bg1 #bjba;,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed