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PART 5—DEPARTMENT OF LABOR INSPECTOR 
GENERAL AND PROGRAM ADMINISTRATION 
FUNDING 
SEC. 22401. DEPARTMENT OF LABOR INSPECTOR GENERAL. 
In addition to amounts otherwise available, there is 
appropriated to the Office of Inspector General of the De-
partment of Labor for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $40,000,000, 
to remain available until expended, for salaries and ex-
penses necessary for oversight, investigations, and audits 
of programs, grants, and projects of the Department of 
Labor funded under this subtitle and subtitle B of this 
title. 
SEC. 22402. PROGRAM ADMINISTRATION. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Labor for fiscal year 
2022, out of any money in the Treasury not otherwise ap-
propriated, $90,000,000, to remain available until Sep-
tember 30, 2029, for program administration within the 
Department of Labor for salaries and expenses necessary 
to implement part 1 (other than section 22007), and parts 
3 and 4, of this subtitle. 
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Subtitle D—Child Care and 
Universal Pre-kindergarten 
SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY 
LEARNING ENTITLEMENT. 
(a) CHILD CARE DEFINITIONS.—The definitions in 
section 658P of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858n) shall apply to this 
section, except as provided in subsection (b) and as other-
wise specified. 
(b) ADDITIONAL DEFINITIONS.—In this section: 
(1) CHILD CARE CERTIFICATE.— 
(A) IN GENERAL.—The term ‘‘child care 
certificate’’ means a certificate (that may be a 
check or other disbursement) that is issued by 
a State, Tribal, territorial, or local government 
under this section directly to a parent who shall 
use such certificate only as payment for child 
care services or as a deposit for child care serv-
ices if such a deposit is required of other chil-
dren being cared for by the provider. 
(B) RULE.—Nothing in this section shall 
preclude the use of such certificates for sec-
tarian child care services if freely chosen by the 
parent. For the purposes of this section, child 
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care certificates shall be considered Federal fi-
nancial assistance to the provider. 
(2) CHILD
EXPERIENCING
HOMELESSNESS.— 
The term ‘‘child experiencing homelessness’’ means 
an individual who is a homeless child or youth under 
section 725 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11434a). 
(3) ELIGIBLE
ACTIVITY.—The term ‘‘eligible 
activity’’, with respect to a parent, shall include, at 
minimum, activities consisting of— 
(A) full-time or part-time employment; 
(B) self-employment; 
(C) job search activities; 
(D) job training; 
(E) secondary, postsecondary, or adult 
education, including education through a pro-
gram of high school classes, a course of study 
at an institution of higher education, classes to-
wards an equivalent of a high school diploma 
recognized by State law, or English as a second 
language classes; 
(F) health treatment (including mental 
health and substance use treatment) for a con-
dition that prevents the parent from partici-
pating in other eligible activities; 
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(G) activities to prevent child abuse and 
neglect, or family violence prevention or inter-
vention activities; 
(H) employment and training activities 
under the supplemental nutrition assistance 
program established under section 6(d)(4) the 
Food and Nutrition Act of 2008 (7 U.S.C. 
2015(d)(4)); 
(I) employment and training activities 
under the Workforce Innovation and Oppor-
tunity Act; 
(J) a work activity described in subsection 
(d) of section 407 of the Social Security Act 
(42 U.S.C. 607) for which, consistent with 
clauses (ii) and (iii) of section 402(a)(1)(A) of 
such Act (42 U.S.C. 602(a)(1)(A)), a parent or 
caretaker is treated as being engaged in work 
for a month in a fiscal year for purposes of the 
program of block grants to States for tem-
porary assistance for needy families established 
under part A of title IV of the Social Security 
Act; and 
(K) taking leave under the Family and 
Medical Leave Act of 1993 (or equivalent provi-
sions for Federal employees), a State or local 
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paid or unpaid leave law, or a program of em-
ployer-provided leave. 
(4) ELIGIBLE CHILD.— 
(A) IN
GENERAL.—The term ‘‘eligible 
child’’ means an individual, subject to sub-
section (g)(1)(C)(i)(III)— 
(i) who is less than 6 years of age; 
(ii) who is not yet in kindergarten; 
(iii) whose family income— 
(I) does not exceed 100 percent 
of the State median income for a fam-
ily of the same size for fiscal year 
2022; 
(II) does not exceed 125 percent 
of such State median income for fiscal 
year 2023; 
(III) does not exceed 150 percent 
of such State median income for fiscal 
year 2024; and 
(IV) does not exceed 250 percent 
of such State median income for each 
of the fiscal years 2025 through 2027; 
and 
(iv) who— 
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(I) resides with a parent or par-
ents who are participating in an eligi-
ble activity; 
(II) is included in a population of 
vulnerable children identified by the 
lead agency involved, which at a min-
imum shall include children with dis-
abilities, infants and toddlers with dis-
abilities, children experiencing home-
lessness, children in foster care, chil-
dren in kinship care, and children who 
are receiving, or need to receive, child 
protective services; or 
(III) resides with a parent who is 
more than 65 years of age. 
(B) EXPANDED
ELIGIBILITY
RULE
FOR 
FISCAL YEARS 2022 THROUGH 2024.— 
(i) IN GENERAL.—A child who is eligi-
ble to receive services under this subpara-
graph shall be treated as an eligible child 
for the other provisions of this section. 
(ii) RULE.—Notwithstanding subpara-
graph (A)(iii), a State may use the pay-
ments under subsection (g)(1) for fiscal 
year 2022, 2023, or 2024, to provide di-
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rect child care services described in sub-
section (h)(1)(A) to children who meet the 
requirements of clauses (i), (ii), and (iv) of 
subparagraph (A) and whose family income 
exceeds the percentage specified in sub-
paragraph (A)(iii) (but does not exceed 
250 percent) of State median income for a 
family of the same size for a given fiscal 
year, if the State has appropriately 
prioritized, subject to approval by the Sec-
retary, assistance for such services based 
on family income. 
(iii) VARIATION IN COST OF LIVING.— 
In determining eligibility under this sub-
paragraph, the State may take into consid-
eration geographic variation in the cost of 
living among regions of the State and ex-
pand eligibility for children described in 
clause (ii) in a region of the State based 
on such variation, subject to approval by 
the Secretary. 
(5) ELIGIBLE CHILD CARE PROVIDER.— 
(A) IN GENERAL.—The term ‘‘eligible child 
care provider’’ means a center-based child care 
provider, a family child care provider, or other 
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provider of child care services for compensation 
that— 
(i) is licensed to provide child care 
services under State law or, in the case of 
an Indian Tribe or Tribal organization, 
meets the rules set by the Secretary; 
(ii) participates in the State’s tiered 
system for measuring the quality of eligible 
child care providers described in subsection 
(f)(4)(B), or, in the case of an Indian 
Tribe or Tribal organization, meets the 
rules set by the Secretary— 
(I) not later than the last day of 
the third fiscal year for which the 
State receives funds under this sec-
tion; and 
(II) for the remainder of the pe-
riod for which the provider receives 
funds under this section; and 
(iii) satisfies the State and local re-
quirements, including those requirements 
described in section 658E(c)(2)(I) of the 
Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858c(c)(2)(I)). 
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(B) SPECIAL RULE.—A child care provider 
who is eligible to provide child care services in 
a State for children receiving assistance under 
the Child Care and Development Block Grant 
Act of 1990 on the date the State submits an 
application for funds under this section, and re-
mains in compliance with any licensing or reg-
istration standards, or regulations, of the State, 
shall be deemed to be an eligible child care pro-
vider under this section for 3.5 years after the 
State first receives funding under this section. 
(6) FMAP.—The term ‘‘FMAP’’ has the mean-
ing given the term ‘‘Federal medical assistance per-
centage’’ in the first sentence of section 1905(b) of 
the Social Security Act (42 U.S.C. 1396d(b)). 
(7) FAMILY CHILD CARE PROVIDER.—The term 
‘‘family child care provider’’ means one or more indi-
viduals who provide child care services, in a private 
residence other than the residences of the children 
involved, for less than 24 hours per day per child, 
or for 24 hours per day per child due to the nature 
of the work of the parent involved. 
(8) INCLUSIVE
CARE.—The term ‘‘inclusive’’, 
with respect to care (including child care), means 
care provided by an eligible child care provider— 
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(A) for whom the percentage of children 
served by the provider who are children with 
disabilities or infants or toddlers with disabil-
ities reflects the prevalence of children with dis-
abilities and infants and toddlers with disabil-
ities (whichever the provider serves) among chil-
dren within the State involved; and 
(B) that provides care and full participa-
tion for children with disabilities and infants 
and toddlers with disabilities (whichever the 
provider serves) alongside children who are— 
(i) not children with disabilities; and 
(ii) not infants and toddlers with dis-
abilities. 
(9) INFANT OR TODDLER.—The term ‘‘infant 
or toddler’’ means an individual who is less than 3 
years of age. 
(10) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘‘infant or toddler with a dis-
ability’’ has the meaning given the term in section 
632 of the Individuals with Disabilities Education 
Act (20 U.S.C. 1432). 
(11) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the agency designated under subsection (e). 
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(12) STATE.—The term ‘‘State’’ means any of 
the 50 States and the District of Columbia. 
(13) TERRITORY.—The term ‘‘territory’’ means 
the Commonwealth of Puerto Rico, the Virgin Is-
lands of the United States, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Is-
lands. 
(c) APPROPRIATIONS.— 
(1) STATES.— 
(A) STATE APPROPRIATIONS.—In addition 
to amounts otherwise available, there is appro-
priated to the Department of Health and 
Human Services for fiscal year 2022, out of any 
money in the Treasury not otherwise appro-
priated— 
(i)(I) $11,460,000,000, to remain 
available until September 30, 2027, for 
States and the Commonwealth of Puerto 
Rico, to carry out the activities described 
in subsection (h)(1)(A) in fiscal year 2022; 
(II) $5,730,000,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
section (h)(1)(B) in fiscal year 2022; 
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(III) $4,125,600,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
paragraph (A) or (B) of subsection (h)(1), 
as determined by the State or Common-
wealth, in fiscal year 2022; and 
(IV) $1,604,400,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
paragraph (A), (B), or (C) of subsection 
(h)(1), as determined by the State or Com-
monwealth, in fiscal year 2022; 
(ii)(I) $16,235,000,000, to remain 
available until September 30, 2027, for 
States and the Commonwealth of Puerto 
Rico, to carry out the activities described 
in subsection (h)(1)(A) in fiscal year 2023; 
(II) $8,117,500,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
section (h)(1)(B) in fiscal year 2023; 
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(III) $5,844,600,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
paragraph (A) or (B) of subsection (h)(1), 
as determined by the State or Common-
wealth, in fiscal year 2023; and 
(IV) $2,272,900,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
paragraph (A), (B), or (C) of subsection 
(h)(1), as determined by the State or Com-
monwealth, in fiscal year 2023; and 
(iii)(I) $20,055,000,000, to remain 
available until September 30, 2027, for 
States and the Commonwealth of Puerto 
Rico, to carry out the activities described 
in subsection (h)(1)(A) in fiscal year 2024; 
(II) $10,027,500,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
section (h)(1)(B) in fiscal year 2024; 
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(III) $7,219,800,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
paragraph (A) or (B) of subsection (h)(1), 
as determined by the State or Common-
wealth, in fiscal year 2024; and 
(IV) $2,807,700,000, to remain avail-
able until September 30, 2027, for States 
and the Commonwealth of Puerto Rico, to 
carry out the activities described in sub-
paragraph (A), (B), or (C) of subsection 
(h)(1), as determined by the State or Com-
monwealth, in fiscal year 2024. 
(B) STATE ENTITLEMENT.—In addition to 
amounts otherwise available, there is appro-
priated to the Department of Health and 
Human Services, out of any money in the 
Treasury not otherwise appropriated, such sums 
as may be necessary for each of fiscal years 
2025 through 2027, for payments to States, for 
carrying out this section (other than carrying 
out activities described in paragraph (4), (5), or 
(6)). 
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(2) INDIAN
TRIBES
AND
TRIBAL
ORGANIZA-
TIONS.— 
(A) INDIAN TRIBE AND TRIBAL ORGANIZA-
TION
APPROPRIATIONS.—In 
addition 
to 
amounts otherwise available, there is appro-
priated to the Department of Health and 
Human Services for fiscal year 2022, out of any 
money in the Treasury not otherwise appro-
priated, for grants to Indian Tribes and Tribal 
organizations for the purpose of carrying out 
the child care program described in this section 
(other than carrying out activities described in 
paragraph (4), (5), or (6)), consistent, to the 
extent practicable as determined by the Sec-
retary, with the requirements applicable to 
States— 
(i) $960,000,000, to remain available 
until September 30, 2027, to carry out the 
child care program in fiscal year 2022; 
(ii) $1,360,000,000, to remain avail-
able until September 30, 2027, to carry 
out the child care program in fiscal year 
2023; and 
(iii) $1,680,000,000 to remain avail-
able until September 30, 2027, to carry 
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out the child care program in fiscal year 
2024. 
(B) INDIAN TRIBE AND TRIBAL ORGANIZA-
TION ENTITLEMENT.—In addition to amounts 
otherwise available, there is appropriated to the 
Department of Health and Human Services, 
out of any money in the Treasury not otherwise 
appropriated, such sums as may be necessary 
for each of fiscal years 2025 through 2027, for 
payments to Indian Tribes and Tribal organiza-
tions, for the purpose of carrying out the child 
care program described in this section (other 
than carrying out activities described in para-
graph (4), (5), or (6)), consistent, to the extent 
practicable as determined by the Secretary, 
with the requirements applicable to States. 
(3) TERRITORIES.— 
(A) TERRITORY APPROPRIATIONS.—In ad-
dition to amounts otherwise available, there is 
appropriated to the Department of Health and 
Human Services for fiscal year 2022, out of any 
money in the Treasury not otherwise appro-
priated, for grants to Guam, American Samoa, 
the Commonwealth of the Northern Mariana Is-
lands, and the United States Virgin Islands for 
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the purpose of carrying out the child care pro-
gram described in this section (other than car-
rying out activities described in paragraph (4), 
(5), or (6)), consistent, to the extent practicable 
as determined by the Secretary, with the re-
quirements applicable to States— 
(i) $120,000,000, to remain available 
until September 30, 2027, to carry out the 
child care program in fiscal year 2022; 
(ii) $170,000,000, to remain available 
until September 30, 2027, to carry out the 
child care program in fiscal year 2023; and 
(iii) $210,000,000, to remain available 
until September 30, 2027, to carry out the 
child care program in fiscal year 2024. 
(B) TERRITORY ENTITLEMENT.—In addi-
tion to amounts otherwise available, there is ap-
propriated to the Department of Health and 
Human Services, out of any money in the 
Treasury not otherwise appropriated, such sums 
as may be necessary for each of fiscal years 
2025 through 2027, for payments to territories, 
for the purpose of carrying out the child care 
program described in this section (other than 
carrying out activities described in paragraph 
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(4), (5), or (6)), consistent, to the extent prac-
ticable as determined by the Secretary, with the 
requirements applicable to States. 
(4) GRANTS
TO
LOCALITIES.—In addition to 
amounts otherwise available, there is appropriated to 
the Department of Health and Human Services for 
fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated— 
(A) $950,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (i)(2) in fiscal year 2023; 
(B) $950,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (i)(2) in fiscal year 2024; 
(C) $950,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (i)(2) in fiscal year 2025; 
(D) $950,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (i)(2) in fiscal year 2026; and 
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(E) $950,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (i)(2) in fiscal year 2027. 
(5) HEAD START EXPANSION IN NONPARTICI-
PATING STATES.—In addition to amounts otherwise 
available, there is appropriated to the Department of 
Health and Human Services for fiscal year 2022, 
out of any money in the Treasury not otherwise ap-
propriated— 
(A) $2,850,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (i)(3) in fiscal year 2023; 
(B) $2,850,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (i)(3) in fiscal year 2024; 
(C) $2,850,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (i)(3) in fiscal year 2025; 
(D) $2,850,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
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scribed in subsection (i)(3) in fiscal year 2026; 
and 
(E) $2,850,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (i)(3) in fiscal year 2027. 
(6) FEDERAL ADMINISTRATION.— 
(A) FISCAL YEARS 2022 THROUGH 2025.— 
In addition to amounts otherwise available, 
there is appropriated to the Department of 
Health and Human Services for fiscal year 
2022, out of any money in the Treasury not 
otherwise appropriated— 
(i) $130,000,000, to remain available 
until September 30, 2027, to carry out 
subsections (k) and (l) in fiscal year 2022; 
(ii) $130,000,000, to remain available 
until September 30, 2027, to carry out 
subsections (k) and (l) in fiscal year 2023; 
(iii) $130,000,000, to remain available 
until September 30, 2027, to carry out 
subsections (k) and (l) in fiscal year 2024; 
and 
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(iv) $130,000,000, to remain available 
until September 30, 2027, to carry out 
subsections (k) and (l) in fiscal year 2025. 
(B) FISCAL YEARS 2026 THROUGH 2027.— 
In addition to amounts otherwise available, 
there is appropriated to the Department of 
Health and Human Services, out of any money 
in the Treasury not otherwise appropriated, for 
each of fiscal years 2026 and 2027, an amount 
equal to 1.06 percent of the prior year’s appro-
priation under paragraph (1)(B), to carry out 
subsections (k) and (l). 
(d) ESTABLISHMENT
OF BIRTH THROUGH FIVE 
CHILD CARE AND EARLY LEARNING ENTITLEMENT PRO-
GRAM.— 
(1) IN GENERAL.—The Secretary is authorized 
to administer a child care and early learning entitle-
ment program under which an eligible child, in a 
State, territory, or Indian Tribe, or served by a 
Tribal organization, with an approved application 
under subsection (f) or (g), shall be provided an op-
portunity to obtain high-quality child care services, 
subject to the requirements of this section. 
(2) 
ASSISTANCE
FOR
EVERY
ELIGIBLE 
CHILD.—Beginning on October 1, 2024, every child 
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who applies for assistance under this section, who is 
in a State with an approved application under sub-
section (g), or in a territory or Indian Tribe or 
served by a Tribal organization with an approved 
application under subsection (f), and who is deter-
mined, by a lead agency (or other entity designated 
by a lead agency) for the State, territory, Indian 
Tribe, or Tribal organization involved, following 
standards and procedures established by the Sec-
retary by rule, to be an eligible child, shall be offered 
assistance for direct child care services in accordance 
with and subject to the requirements and limitations 
of this section. 
(e) LEAD AGENCY.—The Governor of a State or the 
head of a territory or Indian Tribe, desiring for the State, 
territory, or Indian tribe or a related tribal organization 
to receive a payment under this section, shall designate 
a lead agency (such as a State agency or joint interagency 
office) to administer the child care program carried out 
under this section. 
(f) APPLICATIONS AND STATE PLANS.— 
(1) APPLICATION.—To be eligible to receive as-
sistance under this section, a State shall prepare 
and submit to the Secretary for approval an applica-
tion containing a State plan that— 
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(A) for a transitional State plan, meets the 
requirements under paragraph (3) and contains 
such information as the Secretary may require, 
to demonstrate the State will meet the require-
ments of this section; and 
(B) for a full State plan, meets the re-
quirements under paragraph (4) and contains 
that information. 
(2) PERIOD COVERED BY PLAN.—A State plan 
contained in the application shall be designed to be 
implemented— 
(A) for a transitional State plan, during a 
period of not more than 3 years; and 
(B) for a full State plan, during a period 
of not more than 3 years. 
(3) REQUIREMENTS FOR TRANSITIONAL STATE 
PLANS.—For a period of not more than 3 years fol-
lowing the date of enactment of this Act, the Sec-
retary shall award funds under this section to States 
with an approved application that contains a transi-
tional State plan, submitted under paragraph (1)(A) 
at such time, in such manner, and containing such 
information as the Secretary shall require, including, 
at a minimum— 
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(A) an assurance that the State will sub-
mit a State plan under paragraph (4); and 
(B) a description of how the funds received 
by the State under this section will be spent to 
expand access to assistance for direct child care 
services and increase the supply and quality of 
child care providers within the State, in align-
ment with the requirements of this section. 
(4) REQUIREMENTS FOR FULL STATE PLANS.— 
The Secretary shall award funds under this section 
to States with an approved application that contains 
a full State plan, submitted under paragraph (1)(B), 
at such time, in such manner, and containing such 
information as the Secretary shall by rule require, 
including, at a minimum, the following: 
(A) PAYMENT
RATES
AND
COST
ESTI-
MATION.— 
(i) PAYMENT RATES.—The State plan 
shall certify that payment rates for the 
provision of direct child care services for 
which assistance is provided in accordance 
with this section for the period covered by 
the plan, within 3 years after the State 
first receives funds under this section— 
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(I) will be sufficient to meet the 
cost of child care, and set in accord-
ance with a cost estimation model or 
cost study described in clause (ii) that 
is approved by the Secretary; and 
(II) will correspond to differences 
in quality (including improved quality) 
based on the State’s tiered system for 
measuring the quality of eligible child 
care providers described in subpara-
graph (B). 
(ii) COST
ESTIMATION.—Such State 
plan shall— 
(I) demonstrate that the State 
has, after consulting with relevant en-
tities and stakeholders, developed and 
uses a statistically valid and reliable 
cost estimation model or cost study 
for the payment rates for direct child 
care services in the State that reflect 
rates for providers at each of the tiers 
of the State’s tiered system for meas-
uring the quality of eligible child care 
providers described in subparagraph 
(B), and variations in the cost of di-
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rect child care services by geographic 
area, type of provider, and age of 
child, and the additional costs associ-
ated with providing inclusive care; 
(II) certify that the State’s pay-
ment rates for direct child care serv-
ices for which assistance is provided 
in accordance with this section— 
(aa) are set in accordance 
with the most recent estimates 
from the most recent cost esti-
mation model or cost study under 
subclause (I), so that providers 
at each tier of the tiered system 
for measuring provider quality 
described in subparagraph (B) 
receive a payment that is suffi-
cient to meet the requirements of 
such tier; 
(bb) are set so as to provide 
payments to providers not at the 
top tier of the tiered system that 
are sufficient to enable the pro-
viders to increase quality to meet 
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the requirements for the next 
tier; 
(cc) ensure adequate wages 
for staff of child care providers 
providing such direct child care 
services that— 
(AA) at a minimum, 
provide a living wage for all 
staff of such child care pro-
viders; and 
(BB) are equivalent to 
wages for elementary edu-
cators with similar creden-
tials and experience in the 
State; and 
(dd) are adjusted on an an-
nual basis for cost of living in-
creases to ensure those payment 
rates remain sufficient to meet 
the requirements of this section; 
and 
(III) certify that the State will 
update, not less often than once every 
3 years, the cost estimation model or 
cost study described in subclause (I). 
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(iii) 
PAYMENT
PRACTICES.—Such 
State plan shall include an assurance that 
the State will implement payment practices 
that support the fixed costs of providing 
direct child care services. 
(B) TIERED SYSTEM FOR MEASURING THE 
QUALITY
OF
ELIGIBLE
CHILD
CARE
PRO-
VIDERS.—Such State plan shall certify that the 
State has implemented, or assure that the State 
will implement within 3 years after first receiv-
ing funds under this section, a tiered system for 
measuring the quality of eligible child care pro-
viders who provide child care services for which 
assistance is made available under this section. 
Such tiered system shall— 
(i) include a set of standards, for de-
termining the tier of quality of a child care 
provider, that— 
(I) uses standards for a highest 
tier that at a minimum are equivalent 
to Head Start program performance 
standards 
described 
in 
section 
641A(a)(1)(B) of the Head Start Act 
(42 U.S.C. 9836a(a)(1)(B)) or other 
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equivalent evidence-based standards 
approved by the Secretary; and 
(II) includes quality indicators 
and thresholds that are appropriate 
for child development in different 
types of child care provider settings, 
including child care centers and the 
settings of family child care providers, 
and are appropriate for providers 
serving different age groups (includ-
ing mixed age groups) of children; 
(ii) include a different set of stand-
ards that includes indicators, when appro-
priate, for care during nontraditional hours 
of operation; and 
(iii) provide for sufficient resources 
and supports for child care providers at 
tiers lower than the highest tier to facili-
tate progression toward meeting higher 
quality standards. 
(C) ACHIEVING HIGH QUALITY FOR ALL 
CHILDREN.—Such State plan shall certify the 
State has implemented, or will implement with-
in 3 years after first receiving funds under this 
section, policies and financing practices that 
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will ensure all eligible children can choose to at-
tend child care at the highest quality tier within 
6 years after the date of enactment of this Act. 
(D) COMPENSATION.—Such plan shall pro-
vide a certification that the State has or will 
have within 3 years after first receiving funds 
under this section, a wage ladder for staff of el-
igible child care providers receiving assistance 
under this section, including a certification that 
wages for such staff, at a minimum, will meet 
the 
requirements 
of 
subparagraph 
(A)(ii)(II)(cc). 
(E) SLIDING
FEE
SCALE
FOR
COPAY-
MENTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii)(I), the State plan shall pro-
vide an assurance that the State will for 
the period covered by the plan use a slid-
ing fee scale described in clause (ii) to de-
termine a copayment for a family receiving 
assistance under this section (or, for a 
family receiving part-time care, a reduced 
copayment 
that 
is 
the 
proportionate 
amount of the full copayment). 
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(ii) SLIDING FEE SCALE.—A full co-
payment described in clause (i) shall use a 
sliding fee scale that provides that, for a 
family with a family income— 
(I) of not more than 75 percent 
of State median income for a family 
of the same size, the family shall not 
pay a copayment, toward the cost of 
the child care involved for all eligible 
children in the family; 
(II) of more than 75 percent but 
not more than 100 percent of State 
median income for a family of the 
same size, the copayment shall be 
more than 0 but not more than 2 per-
cent of that family income, toward 
such cost for all such children; 
(III) of more than 100 percent 
but not more than 125 percent of 
State median income for a family of 
the same size, the copayment shall be 
more than 2 but not more than 4 per-
cent of that family income, toward 
such cost for all such children; 
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(IV) of more than 125 percent 
but not more than 150 percent of 
State median income for a family of 
the same size, the copayment shall be 
more than 4 but not more than 7 per-
cent of that family income, toward 
such cost for all such children; and 
(V) of more than 150 percent but 
not more than 250 percent of the 
State median income for a family of 
the same size, the copayment shall be 
7 percent of that family income, to-
ward such cost for all such children. 
(F) PROHIBITION
ON
CHARGING
MORE 
THAN COPAYMENT.—The State plan shall cer-
tify that the State will not permit a child care 
provider receiving financial assistance under 
this section to charge, for child care for an eli-
gible child, more than the total of— 
(i) the financial assistance provided 
for the child under this section; and 
(ii) any applicable copayment pursu-
ant to subparagraph (E). 
(G) ELIGIBILITY.—The State plan shall 
assure that each child who receives assistance 
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under this section will be considered to meet all 
eligibility requirements for such assistance, and 
will receive such assistance, for not less than 12 
months unless the child has aged out of the 
program, and the child’s eligibility determina-
tion and redetermination, including any deter-
mination based on the State’s definition of eligi-
ble activities, shall be implemented in a manner 
that supports child well-being and reduces bar-
riers to enrollment, including continuity of serv-
ices. 
(H) POLICIES
TO
SUPPORT
ACCESS
TO 
CHILD
CARE
FOR
UNDERSERVED
POPU-
LATIONS.—The State plan shall demonstrate 
that the State will prioritize increasing access 
to, and the quality and the supply of, child care 
in the State for underserved populations, in-
cluding at a minimum, low-income children, 
children in underserved areas, infants and tod-
dlers, children with disabilities and infants and 
toddlers with disabilities, children who are dual 
language learners, children experiencing home-
lessness, children in foster or kinship care, chil-
dren who receive care during nontraditional 
hours, and vulnerable children as defined by the 
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lead 
agency 
pursuant 
to 
subsection 
(b)(4)(A)(iv)(II). 
(I) POLICIES.—The State plan shall in-
clude a certification that the State will apply, 
under this section, the policies and procedures 
described in subparagraphs (A), (B), (I), (J), 
(K)(i), (R), and (U) of section 658E(c)(2) of 
the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858c(c)(2)), and the 
policies and procedures described in section 
658H of such Act (42 U.S.C. 9858f), to child 
care services provided under this section. 
(J) LICENSING.—The State plan shall 
demonstrate that the State has consulted or will 
consult with organizations (including labor or-
ganizations) representing child care directors, 
teachers, or other staff, early childhood edu-
cation and development experts, and families to 
develop, within 2.5 years after first receiving 
funds under this section, licensing standards 
appropriate for child care providers and a path-
way to such licensure that is available to and 
appropriate for child care providers in a variety 
of settings, that will offer providers eligible 
under the Child Care and Development Block 
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Grant Act of 1990 a reasonable pathway to be-
come eligible providers under this section, and 
that will assure an adequate supply of child 
care. Such plan shall describe the timeline the 
State will use to ensure sufficient time for pro-
viders described in subsection (b)(5)(B) to com-
ply with such licensing standards in order to re-
main eligible providers after 3.5 years after the 
State first receives funding under this section. 
(g) PAYMENTS.— 
(1) 
PAYMENTS
FOR
FISCAL
YEARS
2022 
THROUGH 2024.— 
(A) DEFINITIONS.—For purposes of this 
paragraph— 
(i) the term ‘‘State’’ means the 50 
States, the District of Columbia, and the 
Commonwealth of Puerto Rico; and 
(ii) the term ‘‘territory’’ means Guam, 
American Samoa, the Commonwealth of 
the Northern Mariana Islands, and the 
United States Virgin Islands. 
(B) ALLOTMENTS.—For each of fiscal 
years 2022 through 2024, the Secretary shall, 
from the amount appropriated under subsection 
(c)(1)(A) for such fiscal year, make allotments 
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to each State with an application approved 
under subsection (f) in the same manner as the 
Secretary makes such allotments using the for-
mula under section 658O(b) of the Child Care 
and Development Block Grant Act of 1990 (42 
U.S.C. 9858m(b)). 
(C) PAYMENTS.— 
(i) INDIAN TRIBES AND TRIBAL ORGA-
NIZATIONS.— 
(I) IN
GENERAL.—For each of 
fiscal years 2022 through 2024, from 
the amount appropriated for Indian 
Tribes and Tribal organizations under 
subsection (c)(2)(A), the Secretary 
shall make payments to Indian Tribes 
and Tribal organizations with an ap-
plication approved under subclause 
(II), and the Tribes and Tribal orga-
nizations shall be entitled to such pay-
ments for the purpose of carrying out 
the child care program described in 
this section, consistent, to the extent 
practicable as determined by the Sec-
retary, with the requirements applica-
ble to States. 
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(II) APPLICATIONS.—An Indian 
Tribe or Tribal organization seeking a 
payment under this clause shall sub-
mit an application to the Secretary at 
such time, in such manner, and con-
taining such information as the Sec-
retary may specify, including an 
agreement to provide reports under 
subsection (j)(7). 
(III) SPECIAL RULE.—The Sec-
retary shall determine eligibility cri-
teria for children from Indian tribes 
who are less than 6 years of age and 
not yet in kindergarten, which eligi-
bility criteria shall not be more strin-
gent than the eligibility criteria under 
subsection (b)(4)(A). 
(ii) TERRITORIES.— 
(I) IN
GENERAL.—For each of 
fiscal years 2022 through 2024, from 
the amount appropriated for terri-
tories under subsection (c)(3)(A), the 
Secretary shall make payments to the 
territories with an application ap-
proved under subclause (II), and the 
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territories shall be entitled to such 
payments, for the purpose of carrying 
out the child care program described 
in this section, consistent, to the ex-
tent practicable as determined by the 
Secretary, with the requirements ap-
plicable to States. 
(II) APPLICATIONS.—A territory 
seeking a payment under this clause 
shall submit an application to the Sec-
retary at such time, in such manner, 
and containing such information as 
the Secretary may specify, including 
an agreement to provide reports under 
subsection (j)(7). 
(iii) STATES.—For each of fiscal years 
2022 through 2024, each State that has 
an application approved under subsection 
(f) shall be entitled to a payment under 
this clause in the amount equal to its allot-
ment under subparagraph (B) for such fis-
cal year. 
(D) AUTHORITIES.— 
(i) FISCAL
YEARS
2022
THROUGH 
2024.—Notwithstanding any other provi-
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date required by the Secretary, to 
territories with such an approved 
application. 
(ii) FISCAL
YEAR
2025.—Notwith-
standing any other provision of this sec-
tion, on October 1, 2024, the Secretary 
shall have the authority to reallot funds 
from payments made under subparagraph 
(C) that are unobligated on such date, to 
any entity without such unobligated funds 
that is a State with an approved applica-
tion under subsection (f), an Indian Tribe 
or Tribal organization with an approved 
application under subparagraph (C)(i)(II), 
or a territory with an approved application 
under subparagraph (C)(ii)(II), to carry 
out the purposes of this section. 
(2) 
PAYMENTS
FOR
FISCAL
YEARS
2025 
THROUGH 2027.— 
(A) IN GENERAL.—For each of fiscal years 
2025 through 2027: 
(i) CHILD CARE ASSISTANCE FOR ELI-
GIBLE CHILDREN.— 
(I) IN GENERAL.—The Secretary 
shall pay to each State with an ap-
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proved application under subsection 
(f), and that State shall be entitled to, 
an amount for each quarter equal to 
95.440 percent of expenditures (which 
shall be the Federal share of such ex-
penditures) in the quarter for direct 
child care services described under 
subsection (h)(2)(B) for eligible chil-
dren. 
(II) 
EXCEPTION.—Funds 
re-
served from the total under subsection 
(h)(2)(C) shall be subject to clause 
(ii). 
(III) 
PROHIBITION.—Activities 
described in clause (ii) and clause (iii) 
may not be included in the cost of di-
rect child care services described in 
this clause. 
(ii) ACTIVITIES
TO
IMPROVE
THE 
QUALITY
AND
SUPPLY
OF
CHILD
CARE 
SERVICES.—The Secretary shall pay to 
each State with such an approved applica-
tion, and that State shall be entitled to, an 
amount equal to the product of 1.06045 
and the FMAP of expenditures (which 
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product shall be the Federal share of such 
expenditures) to carry out activities to im-
prove the quality and supply of child care 
services under subsection (h)(2)(C) subject 
to the limit specified in clause (i) of such 
subsection. 
(iii) 
ADMINISTRATION.—The 
Sec-
retary shall pay to each State with such an 
approved application, and that State shall 
be entitled to, an amount equal to 53.022 
percent of expenditures (which shall be the 
Federal share of such expenditures) for the 
costs of administration incurred by the 
State— 
(I) which shall include costs in-
curred by the State in carrying out 
the child care program established in 
this section; and 
(II) which may include, at the 
option of the State, costs associated 
with carrying out requirements, poli-
cies, and procedures described in sec-
tion 658H of the Child Care and De-
velopment Block Grant Act of 1990 
(42 U.S.C. 9858f). 
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(B) ADVANCE PAYMENT; RETROSPECTIVE 
ADJUSTMENT.—For each of fiscal years 2025 
through 2027, the Secretary shall make pay-
ments under this paragraph for a period on the 
basis of advance estimates of expenditures sub-
mitted by the State and such other investiga-
tion as the Secretary may find necessary, and 
shall reduce or increase the payments as nec-
essary to adjust for any overpayment or under-
payment for previous periods. No interest shall 
be charged or paid on any amount due because 
of an overpayment or underpayment for pre-
vious periods. 
(C) TERRITORIES AND TRIBES.—For each 
of fiscal years 2025 through 2027, from the 
amounts appropriated under paragraph (2)(B) 
or (3)(B) of subsection (c) the Secretary shall 
make payments to territories, and Indian 
Tribes and Tribal organizations, as the case 
may be, with applications submitted as de-
scribed in paragraph (1), and approved by the 
Secretary for the purpose of carrying out the 
child care program described in this section, 
consistent, to the extent practicable as deter-
mined by the Secretary (subject to subsection 
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(d)(2)), with the requirements applicable to 
States. The Secretary shall make the payments 
to such territories, Indian Tribes, and Tribal 
organizations on the basis of their relative need. 
Each entity that is such a territory, Indian 
Tribe, or Tribal organization shall be entitled to 
such a payment as may be necessary to carry 
out the activities described in subsection (h)(2), 
and to pay for the costs of administration in-
curred by the entity, which shall include costs 
incurred by the entity in carrying out the child 
care program, and which may include, at the 
option of the entity, costs associated with car-
rying out requirements, policies, and procedures 
described in section 658H of the Child Care 
and Development Block Grant Act of 1990. 
(h) USE OF FUNDS.— 
(1) USE OF FUNDS FOR FISCAL YEARS 2022 
THROUGH
2024.—For each of fiscal years 2022 
through 2024, a State (as defined in subsection 
(g)(1)) that receives a payment under subsection 
(g)(1) shall use such payment for— 
(A) assistance for direct child care serv-
ices, which shall consist only of— 
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(i) assistance for direct child care 
services for eligible children through grants 
and contracts, and child care certificates; 
(ii) increasing child care provider pay-
ment rates to support the cost of providing 
high-quality direct child care services, in-
cluding rates sufficient to support in-
creased wages for staff of eligible child 
care providers; and 
(iii) waiving or reducing copayments, 
to ensure that the families of children re-
ceiving assistance under this section do not 
pay more than 7 percent of family income 
toward the cost of the child care involved 
for all eligible children in the family; 
(B) activities described in paragraph 
(2)(C), without regard to the requirement in 
clause (i)(I) of such paragraph or to the ref-
erences to a quality child care amount in such 
paragraph; and 
(C) costs of administration incurred by the 
State, which shall include the costs described in 
subclause (I) of subsection (g)(2)(A)(iii) and 
may, at the option of the State, include the 
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costs described in subclause (II) of such sub-
section. 
(2) USE OF FUNDS FOR FISCAL YEARS 2025 
THROUGH 2027.— 
(A) IN GENERAL.—Starting on October 1, 
2024, a State shall use amounts provided to the 
State under subsection (g)(2) for direct child 
care services (provided on a sliding fee scale 
basis), activities to improve the quality and sup-
ply of child care services consistent with para-
graph (C), and State administration consistent 
with subsection (g)(2)(A)(iii). 
(B) CHILD CARE ASSISTANCE FOR ELIGI-
BLE CHILDREN.— 
(i) IN GENERAL.—For each of fiscal 
years 2025 through 2027, from payments 
made to the State under subsection (g)(2) 
for that particular fiscal year, the State 
shall ensure that parents of eligible chil-
dren can access direct child care services 
provided by an eligible child care provider 
under this section through a grant or con-
tract as described in clause (ii) or a certifi-
cate as described in clause (iii). 
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(ii) GRANTS
AND
CONTRACTS.—The 
State shall award grants or contracts to el-
igible child care providers, consistent with 
the requirements under this section, for 
the provision of child care services for eli-
gible children under this section that, at a 
minimum— 
(I) support providers’ operating 
expenses to meet and sustain health, 
safety, quality, and wage standards 
required under this section; and 
(II) address underserved popu-
lations 
described 
in 
subsection 
(f)(4)(H). 
(iii) CERTIFICATES.—The State shall 
issue a child care certificate directly to a 
parent who shall use such certificate only 
as payment for direct child care services or 
as a deposit for direct child care services if 
such a deposit is required of other children 
being cared for by the provider, consistent 
with the requirements under this section. 
(C) ACTIVITIES TO IMPROVE THE QUALITY 
AND SUPPLY OF CHILD CARE SERVICES.— 
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(i) QUALITY
CHILD
CARE
ACTIVI-
TIES.— 
(I) AMOUNT.—For each of fiscal 
years 2025 through 2027, from the 
total of the payments made to the 
State for a particular fiscal year, the 
State shall reserve and use a quality 
child care amount equal to not less 
than 5 percent and not more than 10 
percent of the amount made available 
to the State through such payments 
for the previous fiscal year. 
(II) USE
OF
QUALITY
CHILD 
CARE AMOUNT.—Each State shall use 
the quality child care amount de-
scribed in subclause (I) to implement 
activities described in this subpara-
graph to improve the quality and sup-
ply of child care services by eligible 
child care providers, and increase the 
number of available slots in the State 
for child care services funded under 
this section, prioritizing assistance for 
child care providers who are in under-
served communities and who are pro-
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viding, or are seeking to provide, child 
care services for underserved popu-
lations 
identified 
in 
subsection 
(f)(4)(H). 
(III) ADMINISTRATION.—Activi-
ties funded under this subparagraph 
may be administered— 
(aa) directly by the lead 
agency; or 
(bb) through other State 
government agencies, local or re-
gional child care resource and re-
ferral organizations, community 
development 
financial 
institu-
tions, other intermediaries with 
experience supporting child care 
providers, or other appropriate 
entities that enter into a contract 
with the State to provide such 
assistance. 
(ii) QUALITY
AND
SUPPLY
ACTIVI-
TIES.—Activities funded under the quality 
child care amount described in clause (i) 
shall include each of the following: 
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(I) STARTUP GRANTS AND SUP-
PLY EXPANSION GRANTS.— 
(aa) IN GENERAL.—From a 
portion of the quality child care 
amount, a State shall make start-
up and supply expansion grants 
to support child care providers 
who are providing, or seeking to 
provide, child care services to 
children 
receiving 
assistance 
under this section, with priority 
for providers providing or seeking 
to provide child care in under-
served communities and for un-
derserved populations identified 
in subsection (f)(4)(H), to— 
(AA) support startup 
and expansion costs; and 
(BB) assist such pro-
viders in meeting health and 
safety requirements, achiev-
ing licensure, and meeting 
requirements in the State’s 
tiered system for measuring 
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the quality of eligible child 
care providers. 
(bb) REQUIREMENT.—As a 
condition of receiving a startup 
or supply expansion grant under 
this subclause, a child care pro-
vider shall commit to meeting the 
requirements of an eligible pro-
vider under this section, and pro-
viding child care services to chil-
dren receiving assistance under 
this section on an ongoing basis. 
(II) QUALITY GRANTS.—From a 
portion of the quality child care 
amount, a State shall provide quality 
grants to support eligible child care 
providers in providing child care serv-
ices to children receiving assistance 
under this section to improve the 
quality of such providers, including— 
(aa) supporting such pro-
viders in meeting or making 
progress toward the requirements 
for the highest tier of the State’s 
tiered system for measuring the 
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quality of eligible child care pro-
viders under subsection (f)(4)(B); 
and 
(bb) supporting such pro-
viders in sustaining child care 
quality, including supporting in-
creased wages for staff and sup-
porting payment of fixed costs. 
(III) FACILITIES GRANTS.— 
(aa) IN GENERAL.—From a 
portion of the quality child care 
amount, a State shall provide 
support, 
including 
through 
awarding facilities grants, for re-
modeling, renovation, or repair of 
a building or facility to the ex-
tent 
permitted 
under 
section 
658F(b) of the Child Care and 
Development Block Grant Act of 
1990 (42 U.S.C. 9858). 
(bb) ADDITIONAL
USES.— 
For fiscal years 2022 through 
2024, and in subsequent years 
with approval from the Secretary, 
a State may award such facilities 
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grants for construction, perma-
nent improvement, or major ren-
ovation of a building or facility 
primarily used for providing di-
rect child care services, in ac-
cordance with the following: 
(AA) Federal interest 
provisions will not apply to 
the renovation or rebuilding 
of 
privately-owned 
family 
child care homes under this 
subclause. 
(BB) Eligible child care 
providers may not use funds 
for buildings or facilities 
that are used primarily for 
sectarian instruction or reli-
gious worship. 
(CC) 
The 
Secretary 
shall develop parameters on 
the use of funds under this 
subclause for family child 
care homes. 
(DD) 
The 
Secretary 
shall not retain Federal in-
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terest after a period of 10 
years in any facility built, 
renovated, or repaired with 
funds awarded under this 
subclause. 
(IV) LIMITATION.—For purposes 
of subclause (III), the Secretary shall 
not— 
(aa) enter into any agree-
ment related to funds for activi-
ties carried out under subclause 
(III)— 
(AA) that is for a term 
extending beyond September 
30, 2031; and 
(BB) under which any 
payment could be outlaid 
after September 30, 2031; 
or 
(bb) use any other funds 
available to the Secretary, other 
than funds provided under this 
section, to satisfy obligations ini-
tially made for activities carried 
out under subclause (III). 
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(V) STATE
ACTIVITIES
TO
IM-
PROVE THE QUALITY OF CHILD CARE 
SERVICES.—A State shall use a por-
tion of the quality child care amount 
to improve the quality of child care 
services available for this program, 
which shall include— 
(aa) supporting the training 
and professional development of 
the early childhood workforce, in-
cluding supporting degree attain-
ment and credentialing for early 
childhood educators; 
(bb) 
developing, 
imple-
menting, 
or 
enhancing 
the 
State’s tiered system for meas-
uring the quality of eligible child 
care providers under subsection 
(f)(4)(B); 
(cc) improving the supply 
and quality of developmentally 
appropriate and inclusive child 
care programs and services for 
underserved 
populations 
de-
scribed in subsection (f)(4)(H); 
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(dd) improving access to 
child care services for vulnerable 
children as defined by the lead 
agency pursuant to subsection 
(b)(4)(A)(iv)(II); and 
(ee) providing outreach and 
enrollment support for families of 
eligible children. 
(VI) TECHNICAL ASSISTANCE.— 
From a portion of the quality child 
care amount, the State shall provide 
technical assistance to increase the 
supply and quality of eligible child 
care providers who are providing, or 
seeking to provide, child care services 
to children receiving assistance under 
this section, including providing sup-
port to enable providers to achieve li-
censure. 
(i) GRANTS TO LOCALITIES AND AWARDS TO HEAD 
START PROGRAMS.— 
(1) ELIGIBLE
LOCALITY
DEFINED.—In this 
subsection, the term ‘‘eligible locality’’ means a city, 
county, or other unit of general local government. 
(2) GRANTS TO LOCALITIES.— 
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(A) IN GENERAL.—The Secretary shall use 
funds appropriated under subsection (c)(4) to 
award local Birth Through Five Child Care and 
Early Learning Grants, in accordance with 
rules established by the Secretary, to eligible lo-
calities located in States that have not received 
payments under subsection (g). The Secretary 
shall award the grants to eligible localities in 
such a State from the allotment made for that 
State under subparagraph (B). 
(B) ALLOTMENTS.— 
(i) POVERTY LINE DEFINED.—In this 
subparagraph, the term ‘‘poverty line’’ 
means the poverty line defined and revised 
as described in section 673 of the Commu-
nity Services Block Grant Act (42 U.S.C. 
9902). 
(ii) GENERAL AUTHORITY.—For each 
State described in subparagraph (A), the 
Secretary shall allot for the State for a fis-
cal year an amount that bears the same re-
lationship to the funds appropriated under 
subsection (c)(4) for the fiscal year as the 
number of children from families with fam-
ily incomes that are below 200 percent of 
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the poverty line, and who are under the 
age of 6, in the State bears to the total 
number of all such children in all States 
described in subparagraph (A). 
(C) APPLICATION.—To receive a grant 
from the corresponding State allotment under 
subparagraph (B), an eligible locality shall sub-
mit an application to the Secretary at such 
time, in such manner, and containing such in-
formation as the Secretary may require. The re-
quirements for the application shall, to the 
greatest extent practicable, be consistent with 
the State plan requirements applicable to States 
under subsection (f). 
(D) REQUIREMENTS.—The Secretary shall 
specify the requirements for an eligible locality 
to provide access to child care, which child care 
requirements shall, to the greatest extent prac-
ticable, be consistent with the requirements ap-
plicable to States under this section. 
(E) RECOUPMENT OF UNUSED FUNDS.— 
Notwithstanding any other provision of this sec-
tion, for each of fiscal years 2023 through 
2027, the Secretary shall have the authority to 
recoup any unused funds allotted under sub-
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paragraph (B) for awards under paragraph 
(3)(A) to Head Start agencies in accordance 
with paragraph (3). 
(3) HEAD START EXPANSION IN NONPARTICI-
PATING STATES.— 
(A) IN GENERAL.—The Secretary shall use 
funds appropriated under subsection (c)(5) or 
recouped under paragraph (2) to make awards 
to Head Start agencies in a State described in 
paragraph (2)(A) to carry out the purposes of 
the Head Start Act in such State. 
(B) RULE.—For purposes of carrying out 
the Head Start Act in circumstances not involv-
ing awards under this paragraph, funds award-
ed under subparagraph (A) shall not be in-
cluded in the calculation of a ‘‘base grant’’ as 
such term is defined in section 640(a)(7)(A) of 
the Head Start Act (42 U.S.C. 9835(a)(7)(A)). 
(C) DEFINITION.—In this paragraph, the 
term ‘‘Head Start agency’’ means an entity des-
ignated or eligible to be designated as a Head 
Start agency under section 641(a)(1) of the 
Head Start Act or as an Early Head Start 
agency (by receiving a grant) under section 
645A(a) of such Act. 
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(4) PRIORITY
FOR
SERVING
UNDERSERVED 
POPULATIONS.—In making determinations to award 
a grant or make an award under this subsection, the 
Secretary shall give priority to entities serving a 
high percentage of individuals from underserved 
populations described in subsection (f)(4)(H). 
(j) PROGRAM REQUIREMENTS.— 
(1) NONDISCRIMINATION.—The following provi-
sions of law shall apply to any program or activity 
that receives funds provided under this section: 
(A) Title IX of the Education Amendments 
of 1972. 
(B) Title VI of the Civil Rights Act of 
1964. 
(C) Section 504 of the Rehabilitation Act 
of 1973. 
(D) The Americans with Disabilities Act of 
1990. 
(E) Section 654 of the Head Start Act. 
(2) PROHIBITION ON ADDITIONAL ELIGIBILITY 
REQUIREMENTS.—No individual shall be determined, 
by the Secretary, a State, or another recipient of 
funds under this section, to be ineligible for child 
care services provided under this section, except on 
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the basis of eligibility requirements specified in or 
under this section. 
(3) MAINTENANCE OF EFFORT.— 
(A) IN GENERAL.—A State that receives 
payments under this section for a fiscal year, in 
using the funds made available through the 
payments, shall maintain the expenditures of 
the State for child care services at the average 
level of such expenditures by the State for the 
3 preceding fiscal years. 
(B) COUNTING RULE.—State expenditures 
counted for purposes of meeting the require-
ment in subparagraph (A) may also be counted 
for purposes of meeting the requirement to pro-
vide a non-Federal share under clause (i), (ii), 
or (iii), as appropriate, of subsection (g)(2)(A). 
(4) SUPPLEMENT NOT SUPPLANT.—Funds re-
ceived under this section shall be used to supplement 
and not supplant other Federal, State, and local 
public funds expended to provide child care services 
in the State on the date of enactment of this Act, 
calculated as the average amount of such Federal, 
State, and local public funds expended for fiscal 
years 2019, 2020, and 2021. 
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(5) ALLOWABLE
SOURCES
OF
NON-FEDERAL 
SHARE.—For purposes of providing the non-Federal 
share required under subsection (g)(2), a State’s 
non-Federal share— 
(A) for direct child care services described 
in subsection (g)(2)(A)(i)— 
(i) shall not include contributions 
being used as a non-Federal share or 
match for another Federal award; and 
(ii) shall be provided from State or 
local sources, contributions from philan-
thropy or other private organizations, or a 
combination of such sources and contribu-
tions; and 
(B) for activities to improve the quality 
and supply of child care services described in 
subsection (g)(2)(A)(ii), and administration de-
scribed in subsection (g)(2)(A)(iii)— 
(i) shall not include contributions 
being used as a non-Federal share or 
match for another Federal award; 
(ii) shall be provided from State or 
local sources, contributions from philan-
thropy or other private organizations, or a 
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combination of such sources and contribu-
tions; and 
(iii) may be in cash or in kind, fairly 
evaluated, including facilities or property, 
equipment, or services. 
(6) INFORMATION FOR DETERMINATIONS.—For 
purposes of determinations of participation in an eli-
gible activity, the provision of information for such 
determinations by Federal agencies other than the 
Department of Health and Human Services shall not 
be required. 
(7) REPORTS.—A State, Indian Tribe, Tribal 
organization, or territory receiving funds under this 
section shall provide to the Secretary such periodic 
reports, providing a detailed accounting of the uses 
of the funds received under this section, as the Sec-
retary may require for the administration of this 
section. The State, Indian Tribe, Tribal organiza-
tion, or territory shall begin to provide the reports 
beginning not later than 60 days after its initial re-
ceipt of a payment under subsection (g)(1). 
(k) MONITORING AND ENFORCEMENT.— 
(1) REVIEW OF COMPLIANCE WITH REQUIRE-
MENTS AND STATE PLAN.—The Secretary shall re-
view and monitor compliance of States, territories, 
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Tribal entities, and local entities with this section 
and State compliance with the plan described in sub-
section (f)(4). 
(2) ISSUANCE OF RULE.—The Secretary shall 
establish by rule procedures for— 
(A) receiving, processing, and determining 
the validity of complaints or findings concerning 
any failure of a State to comply with the State 
plan or any other requirement of this section; 
(B) notifying a State when the Secretary 
has determined there has been a failure by the 
State to comply with a requirement of this sec-
tion; and 
(C) imposing sanctions under this sub-
section for such a failure. 
(l) FEDERAL ADMINISTRATION.—Using funds re-
served under subsection (c)(6), the Secretary shall carry 
out administration of this section, shall provide (including 
through the use of grants or cooperative agreements) tech-
nical assistance to States, territories, Indian Tribes, and 
Tribal organizations, and shall carry out research, and 
evaluations related to this section. 
(m) TRANSITION PROVISIONS.— 
(1) TREATMENT OF CHILD CARE AND DEVEL-
OPMENT BLOCK GRANT FUNDS.—For each of fiscal 
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years 2025, 2026, and 2027, a State receiving as-
sistance under this section shall not use more than 
10 percent of any funds received under the Child 
Care and Development Block Grant Act of 1990 to 
provide assistance for direct child care services to 
children who are under the age of 6, are not yet in 
kindergarten, and are eligible under that Act. 
(2) SPECIAL RULES REGARDING ELIGIBILITY.— 
Any child who is less than 6 years of age, is not yet 
in kindergarten, and is receiving assistance under 
the Child Care and Development Block Grant Act of 
1990 on the date funding is first allocated to the 
lead agency for the State, territory, Indian Tribe, or 
Tribal organization involved under this section— 
(A) shall be deemed immediately eligible to 
receive assistance under this section; and 
(B) may continue to use the child care pro-
vider of the family’s choice. 
(3) TRANSITION PROCEDURES.—The Secretary 
is authorized to institute procedures for imple-
menting this section, including issuing guidance for 
States receiving funds under subsection (g)(1). 
SEC. 23002. UNIVERSAL PRESCHOOL. 
(a) DEFINITIONS.—In this section: 
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(1) CHILD
EXPERIENCING
HOMELESSNESS.— 
The term ‘‘child experiencing homelessness’’ means 
an individual who is a homeless child or youth under 
section 725 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11434a). 
(2) CHILD
WITH
A
DISABILITY.—The term 
‘‘child with a disability’’ has the meaning given the 
term in section 602 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401). 
(3) COMPREHENSIVE
SERVICES.—The term 
‘‘comprehensive services’’ means services that are 
provided to low-income children and their families, 
and that are health, educational, nutritional, social, 
and other services that are determined, based on 
family needs assessments, to be necessary, within 
the meaning of section 636 of the Head Start Act 
(42 U.S.C. 9831). 
(4) DUAL
LANGUAGE
LEARNER.—The term 
‘‘dual language learner’’ means a child who is learn-
ing 2 or more languages at the same time, or a child 
who is learning a second language while continuing 
to develop the child’s first language. 
(5) ELIGIBLE
CHILD.—The term ‘‘eligible 
child’’ means a child who is age 3 or 4, on the date 
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established by the applicable local educational agen-
cy for kindergarten entry. 
(6) ELIGIBLE PROVIDER.—The term ‘‘eligible 
provider’’ means— 
(A) a local educational agency, acting 
alone or in a consortium or in collaboration 
with an educational service agency (as defined 
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)), that is licensed by the State or meets 
comparable health and safety standards; 
(B) a Head Start agency or delegate agen-
cy funded under the Head Start Act; 
(C) a licensed center-based child care pro-
vider, licensed family child care provider, or 
community– or neighborhood–based network of 
licensed family child care providers; or 
(D) a consortium of entities described in 
any of subparagraphs (A), (B), and (C). 
(7) HEAD START AGENCY.—The term ‘‘Head 
Start agency’’, as used in paragraph (6)(B), or sub-
section (c)(5)(D) or (f)(1), means an entity des-
ignated as a Head Start agency under section 
641(a)(1) of the Head Start Act or as an Early 
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Head Start agency (by receiving a grant) under sec-
tion 645A(a) of such Act. 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(9) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(10) POVERTY LINE.—The term ‘‘poverty line’’ 
means the poverty line defined and revised as de-
scribed in section 673 of the Community Services 
Block Grant Act (42 U.S.C. 9902). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(12) STATE.—The term ‘‘State’’ means each of 
the several States and the District of Columbia. 
(13) TERRITORY.—The term ‘‘territory’’ means 
each of the Commonwealth of Puerto Rico, the 
United States Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
(14) TRIBAL ORGANIZATION.—The term ‘‘Trib-
al organization’’ has the meaning given the term 
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‘‘tribal organization’’ in section 658P of the Child 
Care and Development Block Grant Act of 1990 (42 
U.S.C. 9858n). 
(b) UNIVERSAL PRESCHOOL.— 
(1) APPROPRIATIONS FOR STATES.— 
(A) IN GENERAL.—In addition to amounts 
otherwise available, there is appropriated to the 
Department of Health and Human Services for 
fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated— 
(i) $4,000,000,000, to remain avail-
able until September 30, 2027, for pay-
ments to States, for carrying out this sec-
tion (except provisions and activities cov-
ered by paragraph (2)) in fiscal year 2022; 
(ii) $6,000,000,000, to remain avail-
able until September 30, 2027, for pay-
ments to States, for carrying out this sec-
tion (except provisions and activities cov-
ered by paragraph (2)) in fiscal year 2023; 
and 
(iii) $8,000,000,000, to remain avail-
able until September 30, 2027, for pay-
ments to States, for carrying out this sec-
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tion (except provisions and activities cov-
ered by paragraph (2)) in fiscal year 2024. 
(B) 
ADDITIONAL
APPROPRIATIONS.—In 
addition to amounts otherwise available, there 
is appropriated to the Department of Health 
and Human Services, out of any money in the 
Treasury not otherwise appropriated, such sums 
as may be necessary for each of fiscal years 
2025 through 2027, to remain available for 1 
additional fiscal year, for payments to States, 
for carrying out this section (except provisions 
and activities covered by paragraph (2)). 
(2) ADDITIONAL APPROPRIATIONS.—In addition 
to amounts otherwise available, there is appropriated 
to the Department of Health and Human Services 
for fiscal year 2022, out of any money in the Treas-
ury not otherwise appropriated— 
(A) $2,500,000,000, to remain available 
until September 30, 2027, for carrying out pay-
ments to Indian Tribes and Tribal organiza-
tions for activities described in this section; 
(B) $1,000,000,000, to remain available 
until September 30, 2027, for carrying out pay-
ments to the territories, to be distributed 
among the territories on the basis of their rel-
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ative need, as determined by the Secretary in 
accordance with the objectives of this section, 
for activities described in this section; 
(C) $300,000,000, to remain available 
until September 30, 2027, for carrying out pay-
ments to eligible local entities that serve chil-
dren in families who are engaged in migrant or 
seasonal agricultural labor, for activities de-
scribed in this section; 
(D)(i) $165,000,000, to remain available 
until September 30, 2027, for carrying out 
Federal activities to support the activities fund-
ed under this section, including administration, 
monitoring, technical assistance, and research, 
in fiscal year 2022; 
(ii) $200,000,000 to remain available until 
September 30, 2027, for carrying out Federal 
activities to support the activities funded under 
this section, including administration, moni-
toring, technical assistance, and research, in fis-
cal year 2023; 
(iii) $200,000,000, to remain available 
until September 30, 2027, for carrying out 
Federal activities to support the activities fund-
ed under this section, including administration, 
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monitoring, technical assistance, and research, 
in fiscal year 2024; 
(iv) $208,000,000, to remain available 
until September 30, 2027, for carrying out 
Federal activities to support the activities fund-
ed under this section, including administration, 
monitoring, technical assistance, and research, 
in fiscal year 2025; 
(v) $212,000,000, to remain available until 
September 30, 2027, for carrying out Federal 
activities to support the activities funded under 
this section, including administration, moni-
toring, technical assistance, and research, in fis-
cal year 2026; and 
(vi) $216,000,000, to remain available 
until September 30, 2027, for carrying out 
Federal activities to support the activities fund-
ed under this section, including administration, 
monitoring, technical assistance, and research, 
in fiscal year 2027; 
(E)(i) $2,500,000,000, to remain available 
until September 30, 2027, to improve com-
pensation of Head Start staff consistent with 
subparagraphs (A)(i) and (B)(viii) of section 
640(a)(5) of the Head Start Act (42 U.S.C. 
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9835(a)(5)), notwithstanding section 653(a) of 
such Act (42 U.S.C. 9848(a)), in fiscal year 
2022; 
(ii) $2,500,000,000, to remain available 
until September 30, 2027, to improve com-
pensation of Head Start staff consistent with 
subparagraphs (A)(i) and (B)(viii) of section 
640(a)(5) of the Head Start Act (42 U.S.C. 
9835(a)(5)), notwithstanding section 653(a) of 
such Act (42 U.S.C. 9848(a)), in fiscal year 
2023; 
(iii) $2,500,000,000, to remain available 
until September 30, 2027, to improve com-
pensation of Head Start staff consistent with 
subparagraphs (A)(i) and (B)(viii) of section 
640(a)(5) of the Head Start Act (42 U.S.C. 
9835(a)(5)), notwithstanding section 653(a) of 
such Act (42 U.S.C. 9848(a)), in fiscal year 
2024; 
(iv) $2,500,000,000, to remain available 
until September 30, 2027, to improve com-
pensation of Head Start staff consistent with 
subparagraphs (A)(i) and (B)(viii) of section 
640(a)(5) of the Head Start Act (42 U.S.C. 
9835(a)(5)), notwithstanding section 653(a) of 
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such Act (42 U.S.C. 9848(a)), in fiscal year 
2025; 
(v) $2,500,000,000, to remain available 
until September 30, 2027, to improve com-
pensation of Head Start staff consistent with 
subparagraphs (A)(i) and (B)(viii) of section 
640(a)(5) of the Head Start Act (42 U.S.C. 
9835(a)(5)), notwithstanding section 653(a) of 
such Act (42 U.S.C. 9848(a)), in fiscal year 
2026; and 
(vi) $2,500,000,000, to remain available 
until September 30, 2027, to improve com-
pensation of Head Start staff consistent with 
subparagraphs (A)(i) and (B)(viii) of section 
640(a)(5) of the Head Start Act (42 U.S.C. 
9835(a)(5)), notwithstanding section 653(a) of 
such Act (42 U.S.C. 9848(a)), in fiscal year 
2027; 
(F)(i) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (f)(2) in fiscal year 2023; 
(ii) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
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gram of grants to localities described in sub-
section (f)(2) in fiscal year 2024; 
(iii) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (f)(2) in fiscal year 2025; 
(iv) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (f)(2) in fiscal year 2026; and 
(v) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of grants to localities described in sub-
section (f)(2) in fiscal year 2027; and 
(G)(i) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (f)(3) in fiscal year 2023; 
(ii) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (f)(3) in fiscal year 2024; 
(iii) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
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gram of awards to Head Start agencies de-
scribed in subsection (f)(3) in fiscal year 2025; 
(iv) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (f)(3) in fiscal year 2026; 
and 
(v) $1,900,000,000, to remain available 
until September 30, 2027, to carry out the pro-
gram of awards to Head Start agencies de-
scribed in subsection (f)(3) in fiscal year 2027. 
(c) PAYMENTS FOR STATE UNIVERSAL PRESCHOOL 
SERVICES.— 
(1) IN GENERAL.—A State that has submitted, 
and had approved by the Secretary, the State plan 
described in paragraph (5) is entitled to a payment 
under this subsection. 
(2) PAYMENTS TO STATES.— 
(A) PAYMENTS
FOR
FISCAL
YEARS
2022 
THROUGH 2024.—From amounts made available 
under subsection (b)(1) for any of fiscal years 
2022 through 2024, the Secretary, in collabora-
tion with the Secretary of Education, shall allot 
for the fiscal year, to each State that has a 
State plan under paragraph (5) or transitional 
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State plan under paragraph (7) that is ap-
proved for a period including that fiscal year, 
an amount for the purpose of providing grants 
to eligible providers to provide high-quality pre-
school, using a formula that considers— 
(i) the proportion of the number of 
children who are below the age of 6 and 
whose families have a family income at or 
below 200 percent of the poverty line for 
the most recent year for which satisfactory 
data are available, residing in the State, as 
compared to the number of such children, 
who reside in all States with approved 
plans for the fiscal year for which the al-
lotment is being made; and 
(ii) the existing Federal preschool in-
vestments in the State under the Head 
Start Act, as of the date of the allotment. 
(B) PAYMENTS
FOR
FISCAL
YEARS
2025 
THROUGH 2027.— 
(i) PRESCHOOL SERVICES.—For each 
of fiscal years 2025 through 2027, the 
Secretary shall pay to each State with an 
approved State plan under paragraph (5), 
an amount for that year equal to— 
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(I) 95.440 percent of the State’s 
expenditures in the year for preschool 
services provided under subsection 
(d), for fiscal year 2025; 
(II) 79.534 percent of the State’s 
expenditures in the year for such pre-
school services, for fiscal year 2026; 
and 
(III) 63.627 percent of the 
State’s expenditures in the year for 
such preschool services, for fiscal year 
2027. 
(ii) STATE
ACTIVITIES.—The Sec-
retary shall pay to each State with an ap-
proved State plan under paragraph (5) an 
amount for a fiscal year equal to 53.022 
percent of the amount of the State’s ex-
penditures for the activities described in 
paragraph (3), except that in no case shall 
a payment for a fiscal year under this 
clause exceed the amount equal to 10 per-
cent of the State’s expenditures described 
in clause (i) for such fiscal year. 
(iii) NON-FEDERAL SHARE.—The re-
mainder of the cost paid by the State for 
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preschool services, that is not provided 
under clause (i), shall be considered the 
non-Federal share of the cost of those 
services. The remainder of the cost paid by 
the State for State activities, that is not 
provided under clause (ii), shall be consid-
ered the non-Federal share of the cost of 
those activities. 
(iv) ADVANCE PAYMENT; RETROSPEC-
TIVE
ADJUSTMENT.—The Secretary shall 
make a payment under clause (i) or (ii) for 
a year on the basis of advance estimates of 
expenditures submitted by the State and 
such other investigation as the Secretary 
may find necessary, and shall reduce or in-
crease the payment as necessary to adjust 
for any overpayment or underpayment for 
a previous year. 
(C) AUTHORITIES.— 
(i) FISCAL
YEARS
2022
THROUGH 
2024.—Notwithstanding any other provi-
sion of this paragraph, for each of fiscal 
years 2022 through 2024, the Secretary 
shall have the authority to reallot funds 
that were allotted under subparagraph (A) 
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from any State without an approved appli-
cation under paragraph (5) by the date re-
quired by the Secretary, to States with an 
approved application under that sub-
section. 
(ii) FISCAL
YEAR
2025.—Notwith-
standing any other provision of this sec-
tion, on October 1, 2024, the Secretary 
shall have the authority to reallot funds 
from payments made from allotments 
under subparagraph (A) that are unobli-
gated on such date, to any State without 
such unobligated funds that is a State with 
an approved application under paragraph 
(5), to carry out the purposes of this sec-
tion. 
(3) STATE ACTIVITIES.—A State that receives a 
payment under paragraph (2) shall carry out all of 
the following activities: 
(A) State administration of the State pre-
school program described in this section. 
(B) Supporting a continuous quality im-
provement system for providers of preschool 
services participating, or seeking to participate, 
in the State preschool program, through the use 
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of data, researching, monitoring, training, tech-
nical assistance, professional development, and 
coaching. 
(C) Providing outreach and enrollment 
support for families of eligible children. 
(D) Supporting data systems building. 
(E) Supporting staff of eligible providers 
in pursuing credentials and degrees, including 
baccalaureate degrees. 
(F) Supporting activities that ensure ac-
cess to inclusive preschool programs for chil-
dren with disabilities. 
(G) Providing age-appropriate transpor-
tation services for children, which at a min-
imum shall include transportation services for 
children experiencing homelessness and children 
in foster care. 
(H) Conducting or updating a statewide 
needs assessment of access to high-quality pre-
school services. 
(4) LEAD AGENCY.—The Governor of a State 
desiring for the State to receive a payment under 
this subsection shall designate a lead agency (such 
as a State agency or joint interagency office) for the 
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administration of the State’s preschool program 
under this section. 
(5) STATE PLAN.—In order to be eligible for 
payments under this section, the Governor of a State 
shall submit a State plan to the Secretary for ap-
proval by the Secretary, in collaboration with the 
Secretary of Education, at such time, in such man-
ner, and containing such information as the Sec-
retary shall by rule require, that includes a plan for 
achieving universal, high-quality, free, inclusive, and 
mixed-delivery preschool services. Such plan shall in-
clude, at a minimum, each of the following: 
(A) A certification that— 
(i) the State has in place develop-
mentally appropriate, evidence-based pre-
school standards that, at a minimum, are 
as rigorous as the standards specified in 
subparagraph (B) of section 641A(a)(1) of 
the 
Head 
Start 
Act 
(42 
U.S.C. 
9836a(a)(1)) and include program stand-
ards for class sizes and ratios; and 
(ii) the State will coordinate such 
standards with other early learning stand-
ards in the State. 
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(B) An assurance that the State will en-
sure— 
(i) all preschool services in the State 
funded under this section will— 
(I) be universally available to all 
children in the State without any ad-
ditional eligibility requirements; 
(II) be high-quality, free, and in-
clusive; and 
(III) by not later than 1 year 
after the State receives such funding, 
meet the State’s preschool education 
standards described in subparagraph 
(A); and 
(ii) that the local preschool programs 
in the State funded under this section 
will— 
(I) offer programming that meets 
the duration requirements of at least 
1,020 annual hours; 
(II) adopt policies and practices 
to conduct outreach and provide expe-
dited 
enrollment, 
including 
prioritization, to— 
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(aa) children experiencing 
homelessness (which, in the case 
of a child attending a program 
provided by an eligible provider 
described in subsection (a)(6)(A), 
shall include immediate enroll-
ment for the child); 
(bb) children in foster care 
or kinship care; 
(cc) children in families who 
are engaged in migrant or sea-
sonal agricultural labor; 
(dd) children with disabil-
ities, including eligible children 
who are served under part C of 
the Individuals with Disabilities 
Education Act; and 
(ee) dual language learners; 
(III) provide for salaries, and set 
schedules for salaries, for staff of pro-
viders in the State preschool program 
that are equivalent to salaries of ele-
mentary school staff with similar cre-
dentials and experience; 
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(IV) at a minimum, provide a liv-
ing wage for all staff of such pro-
viders; and 
(V) require educational qualifica-
tions for teachers in the preschool 
program including, at a minimum, re-
quiring that lead teachers in the pre-
school program have a baccalaureate 
degree in early childhood education or 
a related field by not later than 6 
years after the date on which the 
State first receives funds under this 
Act, except that— 
(aa) subject to item (bb), 
the requirements under this sub-
clause shall not apply to individ-
uals who were employed by an el-
igible provider or early education 
program for a cumulative 3 of 
the 5 years immediately pre-
ceding the date of enactment of 
this Act and have the necessary 
content knowledge and teaching 
skills for early childhood edu-
cators, as demonstrated through 
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measures 
determined 
by 
the 
State; and 
(bb) nothing in this section 
shall require the State to lessen 
State 
requirements 
for 
edu-
cational qualifications, in exist-
ence on the date of enactment of 
this Act, to serve as a teacher in 
a State preschool program. 
(C) For States with existing publicly fund-
ed State preschool programs (as of the date of 
submission of the State plan), a description of 
how the State plans to use funding provided 
under this section to ensure that such existing 
programs in the State meet the requirements of 
this section for a State preschool program. 
(D) A description of how the State, in es-
tablishing and operating the State preschool 
program supported under this section, will— 
(i) support a mixed-delivery system 
for any new slots funded under this sec-
tion, including by facilitating the participa-
tion of Head Start programs and programs 
offered by licensed child care providers; 
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(ii) ensure the State preschool pro-
gram does not disrupt the stability of in-
fant and toddler child care throughout the 
State; 
(iii) ensure adequate consultation with 
the State Advisory Council on Early Child-
hood Education and Care designated or es-
tablished in section 642B(b)(1)(A)(i) of 
the 
Head 
Start 
Act 
(42 
U.S.C. 
9837b(b)(1)(A)(i)) in the development of 
its plan, including consultation in how the 
State intends to distribute slots under 
clause (v); 
(iv) partner with Head Start agencies 
to ensure the full utilization of Head Start 
programs within the State; and 
(v) distribute new preschool slots equi-
tably among child care (including family 
child care) providers, Head Start agencies, 
and schools within the State. 
(E) A certification that the State, in oper-
ating the program described in this section for 
a fiscal year— 
(i) will not reduce the total preschool 
slots provided in State-funded preschool 
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programs from the number of such slots in 
the previous fiscal year; or 
(ii) if the number of eligible children 
identified in the State declines from the 
previous fiscal year, will maintain at least 
the previous year’s ratio of the total pre-
school slots described in clause (i) to eligi-
ble children so identified. 
(F) An assurance that the State will use 
funding provided under this section to ensure 
children with disabilities have access to and 
participate in inclusive preschool programs con-
sistent with provisions in the Individuals with 
Disabilities Education Act, and a description of 
how the State will collaborate with entities car-
rying out programs under section 619 or part 
C of the Individuals with Disabilities Education 
Act, to support inclusive preschool programs. 
(G) A certification that the State will sup-
port the continuous quality improvement of pro-
grams providing preschool services under this 
section, including support through technical as-
sistance, monitoring, and research. 
(H) A certification that the State will en-
sure a highly qualified early childhood work-
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force to support the requirements of this sec-
tion. 
(I) An assurance that the State will meet 
the requirements of clauses (ii) and (iii) of sec-
tion 658E(c)(2)(T) of the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 
9858c(c)(2)(T)), with respect to funding and 
assessments under this section. 
(J) A certification that subgrant and con-
tract amounts provided as described in sub-
section (d) will be sufficient to enable eligible 
providers to meet the requirements of this sec-
tion, and will provide for increased payment 
amounts based on the criteria described in sub-
clauses (III) and (IV) of subparagraph (B)(ii). 
(K) An agreement to provide to the Sec-
retary such periodic reports, providing a de-
tailed accounting of the uses of funding re-
ceived under this section, as the Secretary may 
require for the administration of this section. 
(6) DURATION OF THE PLAN.—Each State plan 
shall remain in effect for a period of not more than 
3 years. Amendments to the State plan shall remain 
in effect for the duration of the plan. 
(7) TRANSITIONAL STATE PLAN.— 
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(A) IN GENERAL.—The Secretary shall de-
velop parameters for, and allow a State to sub-
mit for purposes of this subsection for a period 
of not more than 3 years, a transitional State 
plan, at such time, in such manner and con-
taining such information as the Secretary shall 
require. 
(B) CONTENTS.—The transitional plan 
shall— 
(i) demonstrate that the State will 
meet the requirements of such plan as de-
termined by the Secretary; and 
(ii) include, at a minimum— 
(I) an assurance that the State 
will submit a State plan under para-
graph (5); 
(II) a description of how the 
funds received by the State under this 
section will be spent to expand access 
to universal, high-quality, free, inclu-
sive, and mixed-delivery preschool in 
alignment with the requirements of 
this section; and 
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(III) such data as the Secretary 
may require on the provision of pre-
school services in the State. 
(d) SUBGRANTS AND CONTRACTS FOR LOCAL PRE-
SCHOOL PROGRAMS.— 
(1) SUBGRANTS AND CONTRACTS.— 
(A) IN GENERAL.—A State that receives a 
payment under subsection (c)(2) for a fiscal 
year shall use amounts provided through the 
payment to pay the costs of subgrants to, or 
contracts with, eligible providers to operate uni-
versal, high-quality, free, and inclusive pre-
school programs (which State-funded programs 
may be referred to in this section as ‘‘local pre-
school programs’’) through the State preschool 
program in accordance with paragraph (3). A 
State shall reduce or increase the amounts pro-
vided under such subgrants or contracts if 
needed to adjust for any overpayment or under-
payment described in subsection (c)(2)(B)(iv). 
(B) AMOUNT.—A State shall award a 
subgrant or contract under this subsection in a 
sufficient amount to enable the eligible provider 
to operate a local preschool program that meets 
the requirements of subsection (c)(5)(B), which 
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amount shall reflect variations in the cost of 
preschool services by geographic area, type of 
provider, and age of child, and the additional 
costs associated with providing inclusive pre-
school services for children with disabilities. 
(C) DURATION.—The State shall award a 
subgrant or contract under this subsection for 
a period of not less than 3 years, unless the 
subgrant or contract is terminated or sus-
pended, or the subgrant period is reduced, for 
cause. 
(2) ENHANCED
PAYMENTS
FOR
COMPREHEN-
SIVE
SERVICES.—In awarding subgrants or con-
tracts under this subsection and in addition to meet-
ing the requirements of paragraph (1)(B), the State 
shall award subgrants or contracts with enhanced 
payments to eligible providers that offer local pre-
school programs funded under this subsection to a 
high percentage of low-income children to support 
comprehensive services. 
(3) ESTABLISHING AND EXPANDING UNIVERSAL 
PRESCHOOL PROGRAMS.— 
(A) ESTABLISHING AND EXPANDING UNI-
VERSAL PRESCHOOL PROGRAMS IN HIGH-NEED 
COMMUNITIES.—In awarding subgrants or con-
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tracts under this subsection, the State shall 
first prioritize establishing and expanding uni-
versal local preschool programs within and 
across high-need communities by awarding sub-
grants or contracts to eligible providers oper-
ating within and across, or with capacity to op-
erate within and across, such high-need commu-
nities. The State shall— 
(i) use a research-based methodology 
approved by the Secretary to identify such 
high-need 
communities, 
as 
determined 
by— 
(I) the rate of poverty in the 
community; 
(II) rates of access to high-qual-
ity preschool within the community; 
and 
(III) other indicators of commu-
nity need as required by the Sec-
retary; and 
(ii) distribute funding for preschool 
services under this section within such a 
high-need community so that a majority of 
children in the community are offered such 
preschool services before the State estab-
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lishes and expands preschool services in 
communities with lower levels of need. 
(B) USE OF FUNDS.—Subgrants or con-
tracts awarded under subparagraph (A) shall be 
used to enroll and serve children in such a local 
preschool program involved, including by paying 
the costs— 
(i) of personnel (including classroom 
and administrative personnel), including 
compensation and benefits; 
(ii) associated with implementing the 
State’s preschool standards, providing cur-
riculum supports, and meeting early learn-
ing and development standards; 
(iii) 
of 
professional 
development, 
teacher supports, and training; 
(iv) of implementing and meeting de-
velopmentally appropriate health and safe-
ty standards (including licensure, where 
applicable), teacher to child ratios, and 
group size maximums; 
(v) of materials, equipment, and sup-
plies; and 
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(vi) of rent or a mortgage, utilities, 
building security, indoor and outdoor 
maintenance, and insurance. 
(4) ESTABLISHING AND EXPANDING UNIVERSAL 
PRESCHOOL
PROGRAMS
IN
ADDITIONAL
COMMU-
NITIES.—Once a State that receives a payment 
under subsection (c)(2) meets the requirements of 
paragraph (3) with respect to establishing and ex-
panding local preschool programs within and across 
high-need communities, the State shall use funds 
from such payment to enroll and serve children in 
local preschool programs, as described in such para-
graph, in additional communities in accordance with 
the metrics described in paragraph (3)(A)(i). Such 
funds shall be used for the activities described in 
clauses (i) through (vi) of paragraph (3)(B). 
(e) PAYMENTS FOR UNIVERSAL PRESCHOOL SERV-
ICES INDIAN TRIBES AND TERRITORIES.— 
(1) INDIAN
TRIBES
AND
TRIBAL
ORGANIZA-
TIONS.— 
(A) IN GENERAL.—For each of fiscal years 
2022 through 2027, from the amount appro-
priated for Indian Tribes and Tribal organiza-
tions under subsection (b)(2)(A), the Secretary 
shall make payments to Indian Tribes and 
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Tribal organizations with an application ap-
proved under subparagraph (B), and the Tribes 
and Tribal organizations shall be entitled to 
such payments for the purpose of carrying out 
the preschool program described in this section, 
consistent, to the extent practicable as deter-
mined by the Secretary, with the requirements 
applicable to States. 
(B) APPLICATIONS.—An Indian Tribe or 
Tribal organization seeking a payment under 
this paragraph shall submit an application to 
the Secretary at such time, in such manner, 
and containing such information as the Sec-
retary may specify. 
(2) TERRITORIES.— 
(A) IN GENERAL.—For each of fiscal years 
2022 through 2027, from the amount appro-
priated 
for 
territories 
under 
subsection 
(b)(2)(B), the Secretary shall make payments 
to the territories with an application approved 
under subparagraph (B), and the territories 
shall be entitled to such payments, for the pur-
pose of carrying out the preschool program de-
scribed in this section, consistent, to the extent 
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practicable as determined by the Secretary, 
with the requirements applicable to States. 
(B) APPLICATIONS.—A territory seeking a 
payment under this paragraph shall submit an 
application to the Secretary at such time, in 
such manner, and containing such information 
as the Secretary may specify. 
(3) LEAD
AGENCY.—The head of an Indian 
tribe or territory desiring for the Indian tribe or a 
related tribal organization, or territory, to receive a 
payment under this subsection shall designate a lead 
agency (such as a tribal or territorial agency or joint 
interagency office) for the administration of the pre-
school program of the Indian tribe or territory, 
under this section. 
(f) GRANTS TO LOCALITIES AND HEAD START EX-
PANSION IN NONPARTICIPATING STATES.— 
(1) ELIGIBLE
LOCALITY
DEFINED.—In this 
subsection, the term ‘‘eligible locality’’ means a city, 
county, or other unit of general local government, a 
local educational agency, or a Head Start agency. 
(2) GRANTS TO LOCALITIES.— 
(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Education, shall 
use funds reserved in subsection (b)(2)(F) to 
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award local universal preschool grants, in ac-
cordance with rules established by the Secretary 
of Health and Human Services, to eligible local-
ities located in States that have not received 
payments under subsection (c)(2)(A). The Sec-
retary shall award the grants to eligible local-
ities in a State from the allotment made for 
that State under subparagraph (B). The Sec-
retary shall specify the requirements for an eli-
gible locality to conduct a preschool program 
under this subsection which shall, to the great-
est extent practicable, be consistent with the re-
quirements applicable to States under this sec-
tion, for a universal, high-quality, free, and in-
clusive preschool program. 
(B) ALLOTMENTS.—For each State de-
scribed in subparagraph (A), the Secretary shall 
allot for the State for a fiscal year an amount 
that bears the same relationship to the funds 
appropriated under subsection (b)(2)(F) for the 
fiscal year as the number of children from fami-
lies with family incomes at or below 200 per-
cent of the poverty line, and who are under the 
age of 6, in the State bears to the total number 
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of all such children in all States described in 
subparagraph (A). 
(C) APPLICATION.—To receive a grant 
from the corresponding State allotment under 
this subsection, an eligible locality shall submit 
an application to the Secretary at such time, in 
such manner, and containing such information 
as the Secretary may require. The requirements 
for the application shall, to the greatest extent 
practicable, be consistent with the State plan 
requirements applicable to States under this 
section. 
(D) RECOUPMENT OF UNUSED FUNDS.— 
Notwithstanding any other provision of this sec-
tion, for each of fiscal years 2023 through 
2027, the Secretary shall have the authority to 
recoup any unused funds allotted under sub-
paragraph (B) for awards under paragraph 
(3)(A) to Head Start agencies in accordance 
with paragraph (3). 
(3) HEAD START EXPANSION IN NONPARTICI-
PATING STATES.— 
(A) IN GENERAL.—The Secretary shall use 
funds appropriated under subsection (b)(2)(G) 
or recouped under paragraph (2) to make 
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awards to Head Start agencies in a State de-
scribed in paragraph (2)(A) to carry out the 
purposes of the Head Start Act in such State. 
(B) RULE.—For purposes of carrying out 
the Head Start Act in circumstances not involv-
ing awards under this paragraph, funds award-
ed under subparagraph (A) shall not be in-
cluded in the calculation of a ‘‘base grant’’ as 
such term is defined in section 640(a)(7)(A) of 
the Head Start Act (42 U.S.C. 9835(a)(7)(A)). 
(C) DEFINITION.—In this paragraph, the 
term ‘‘Head Start agency’’ means an entity des-
ignated or eligible to be designated as a Head 
Start agency under section 641(a)(1) of the 
Head Start Act or as an Early Head Start 
agency (by receiving a grant) under section 
645A(a) of such Act. 
(4) PRIORITY
FOR
SERVING
UNDERSERVED 
COMMUNITIES.—In making determinations to award 
a grant or make an award under this subsection, the 
Secretary shall give priority to entities serving com-
munities with a high percentage of children from 
families with family incomes at or below 200 percent 
of the poverty line. 
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(g) 
ALLOWABLE
SOURCES
OF
NON-FEDERAL 
SHARE.—For purposes of calculating the amount of the 
non-Federal share, as determined under subsection 
(c)(2)(B)(iii), relating to a payment under subsection 
(c)(2)(B), a State’s non-Federal share— 
(1) may be in cash or in kind, fairly evaluated, 
including facilities or property, equipment, or serv-
ices; 
(2) shall include any increase in amounts spent 
by the State to expand half-day kindergarten pro-
grams in the State, as of the day before the date of 
enactment of this Act, into full-day kindergarten 
programs; 
(3) shall not include contributions being used as 
a non-Federal share or match for another Federal 
award; 
(4) shall be provided from State or local 
sources, contributions from philanthropy or other 
private organizations, or a combination of such 
sources and contributions; and 
(5) shall count not more than 100 percent of 
the State’s current spending on prekindergarten pro-
grams, calculated as the average amount of such 
spending by the State for fiscal years 2019, 2020, 
and 2021, toward the State’s non-Federal share. 
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(h) MAINTENANCE OF EFFORT.— 
(1) IN GENERAL.—If a State reduces its com-
bined fiscal effort per child for the State preschool 
program (whether a publicly funded preschool pro-
gram or a program under this section) or through 
State supplemental assistance funds for Head Start 
programs assisted under the Head Start Act, or 
through any State spending on preschool services for 
any fiscal year that a State receives payments under 
subsection (c)(2) (referred to in this paragraph as 
the ‘‘reduction fiscal year’’) relative to the previous 
fiscal year, the Secretary, in collaboration with the 
Secretary of Education, shall reduce support for 
such State under such subsection by the same 
amount as the total reduction in that State fiscal ef-
fort for such reduction fiscal year. 
(2) WAIVER.—The Secretary, in collaboration 
with the Secretary of Education, may waive the re-
quirements of paragraph (1) if— 
(A) the Secretaries determine that a waiv-
er would be appropriate due to a precipitous de-
cline in the financial resources of a State as a 
result of unforeseen economic hardship, or a 
natural disaster, that has necessitated across- 
the-board reductions in State services during 
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the 5-year period preceding the date of the de-
termination, including for early childhood edu-
cation programs; or 
(B) due to the circumstance of a State re-
quiring reductions in specific programs, includ-
ing early childhood education programs, the 
State presents to the Secretaries a justification 
and demonstration why other programs could 
not be reduced and how early childhood edu-
cation programs in the State will not be dis-
proportionately harmed by such State reduc-
tions. 
(i) SUPPLEMENT NOT SUPPLANT.—Funds received 
under this section shall be used to supplement and not 
supplant other Federal, State, and local public funds ex-
pended on prekindergarten programs in the State on the 
date of enactment of this Act, calculated as the average 
amount of such Federal, State, and local public funds ex-
pended for fiscal years 2019, 2020, and 2021. 
(j) NONDISCRIMINATION
PROVISIONS.—The fol-
lowing provisions of law shall apply to any program or ac-
tivity that receives funds provided under this section: 
(1) Title IX of the Education Amendments of 
1972. 
(2) Title VI of the Civil Rights Act of 1964. 
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(3) Section 504 of the Rehabilitation Act of 
1973. 
(4) The Americans with Disabilities Act of 
1990. 
(5) Section 654 of the Head Start Act. 
(k) MONITORING AND ENFORCEMENT.— 
(1) REVIEW OF COMPLIANCE WITH REQUIRE-
MENTS AND STATE PLAN.—The Secretary shall re-
view and monitor compliance of States, territories, 
Tribal entities, and local entities with this section 
and State compliance with the State plan described 
in subsection (c)(5). 
(2) ISSUANCE OF RULE.—The Secretary shall 
establish by rule procedures for— 
(A) receiving, processing, and determining 
the validity of complaints or findings concerning 
any failure of a State to comply with the State 
plan or any other requirement of this section; 
(B) notifying a State when the Secretary 
has determined there has been a failure by the 
State to comply with a requirement of this sec-
tion; and 
(C) imposing sanctions under this sub-
section for such a failure. 
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Subtitle E—Child Nutrition and 
Related Programs 
SEC. 24001. EXPANDING COMMUNITY ELIGIBILITY. 
(a) MULTIPLIER AND THRESHOLD ADJUSTED.— 
(1) 
MULTIPLIER.—Clause 
(vii) 
of 
section 
11(a)(1)(F) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is 
amended to read as follows: 
‘‘(vii) MULTIPLIER.— 
‘‘(I) IMPLEMENTATION IN 2022– 
2027.—For each school year beginning 
on or after July 1, 2022, and ending 
before July 1, 2027, the Secretary 
shall use a multiplier of 2.5. 
‘‘(II) IMPLEMENTATION
AFTER 
2027.—For each school year beginning 
on or after July 1, 2027, the Sec-
retary shall use a multiplier of 1.6.’’. 
(2) THRESHOLD.—Clause (viii) of section 
11(a)(1)(F) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is 
amended to read as follows: 
‘‘(viii) THRESHOLD.— 
‘‘(I) IMPLEMENTATION IN 2022– 
2027.—For each school year beginning 
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on or after July 1, 2022, and ending 
before July 1, 2027, the threshold 
shall be not more than 25 percent. 
‘‘(II) IMPLEMENTATION
AFTER 
2027.—For each school year beginning 
on or after July 1, 2027, the thresh-
old shall be not more than 40 per-
cent.’’. 
(b) STATEWIDE COMMUNITY ELIGIBILITY.—Section 
11(a)(1)(F) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by 
adding at the end the following: 
‘‘(xiv) STATEWIDE COMMUNITY ELIGI-
BILITY.—For each school year beginning 
on or after July 1, 2022, and ending be-
fore July 1, 2027, the Secretary shall es-
tablish a statewide community eligibility 
program under which, in the case of a 
State agency that agrees to provide fund-
ing from sources other than Federal funds 
to ensure that local educational agencies in 
the State receive the free reimbursement 
rate for 100 percent of the meals served at 
applicable schools— 
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‘‘(I) the multiplier described in 
clause (vii) shall apply; 
‘‘(II) 
notwithstanding 
clause 
(viii), the threshold shall be zero; and 
‘‘(III) the percentage of enrolled 
students who were identified students 
shall be calculated across all applica-
ble schools in the State regardless of 
local educational agency.’’. 
SEC. 24002. SUMMER ELECTRONIC BENEFITS TRANSFER 
FOR CHILDREN PROGRAM. 
The Richard B. Russell National School Lunch Act 
is amended by inserting after section 13 (42 U.S.C. 1761) 
the following: 
‘‘SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER 
FOR CHILDREN PROGRAM. 
‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall 
establish a program under which States and covered In-
dian Tribal organizations participating in such program 
shall, for summer 2023 and summer 2024 issue to eligible 
households summer EBT benefits— 
‘‘(1) in accordance with this section; and 
‘‘(2) for the purpose of providing nutrition as-
sistance through electronic benefits transfer during 
the summer months for eligible children, to ensure 
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continued access to food when school is not in ses-
sion for the summer. 
‘‘(b) SUMMER EBT BENEFITS REQUIREMENTS.— 
‘‘(1) PURCHASE OPTIONS.— 
‘‘(A) BENEFITS ISSUED BY STATES.— 
‘‘(i) WIC PARTICIPATION STATES.—In 
the case of a State that participated in a 
demonstration 
program 
under 
section 
749(g) of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2010 
(Public Law 111–80; 123 Stat. 2132) dur-
ing calendar year 2018 using a WIC 
model, summer EBT benefits issued pur-
suant to subsection (a) by such a State 
may only be used by the eligible household 
that receives such summer EBT benefits to 
purchase— 
‘‘(I) supplemental foods from re-
tailers that have been approved for 
participation in— 
‘‘(aa) the special supple-
mental nutrition program for 
women, infants, and children 
under section 17 of the Child 
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Nutrition Act of 1966 (42 U.S.C. 
1786); or 
‘‘(bb) the program under 
this section; or 
‘‘(II) food (as defined in section 
3(k) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2012(k))) from retail 
food stores that have been approved 
for participation in the supplemental 
nutrition assistance program estab-
lished under such Act, in accordance 
with section 9 of such Act (7 U.S.C. 
2018). 
‘‘(ii) OTHER STATES.—Summer EBT 
benefits issued pursuant to subsection (a) 
by a State not described in clause (i) may 
only be used by the eligible household that 
receives such summer EBT benefits to 
purchase food (as defined in section 3(k) 
of the Food and Nutrition Act of 2008 (7 
U.S.C. 2012(k))) from retail food stores 
that have been approved for participation 
in the supplemental nutrition assistance 
program established under such Act, in ac-
cordance with section 9(b) of such Act (7 
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U.S.C. 2018) or retail food stores that 
have been approved for participation in a 
Department of Agriculture grant funded 
nutrition assistance program in the Com-
monwealth of the Northern Mariana Is-
lands, Puerto Rico, or American Samoa. 
‘‘(B) BENEFITS ISSUED BY COVERED IN-
DIAN TRIBAL ORGANIZATIONS.—Summer EBT 
benefits issued pursuant to subsection (a) by a 
covered Indian Tribal organization may only be 
used by the eligible household that receives such 
summer EBT benefits to purchase supple-
mental foods from retailers that have been ap-
proved for participation in— 
‘‘(i) the special supplemental nutrition 
program for women, infants, and children 
under section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786); or 
‘‘(ii) the program under this section. 
‘‘(2) AMOUNT.—Summer EBT benefits issued 
pursuant to subsection (a)— 
‘‘(A) shall be— 
‘‘(i) for calendar year 2023, in an 
amount equal to $65 for each child in the 
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eligible household per month during the 
summer; and 
‘‘(ii) for calendar year 2024, in an 
amount equal to the amount described in 
clause (i), adjusted to the nearest lower 
dollar increment to reflect changes to the 
cost of the thrifty food plan (as defined in 
section 3(u) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2012(u)) for the 12- 
month period ending on November 30 of 
the preceding calendar year; and 
‘‘(B) may be issued— 
‘‘(i) in the form of an EBT card; or 
‘‘(ii) through electronic delivery. 
‘‘(c) ENROLLMENT IN PROGRAM.— 
‘‘(1) STATE
REQUIREMENTS.—States partici-
pating in the program under this section shall— 
‘‘(A) with respect to a summer, automati-
cally enroll eligible children in the program 
under this section without further application; 
and 
‘‘(B) require local educational agencies to 
allow eligible households to opt out of participa-
tion in the program under this section and es-
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tablish procedures for opting out of such par-
ticipation. 
‘‘(2) COVERED INDIAN TRIBAL ORGANIZATION 
REQUIREMENTS.—Covered Indian Tribal organiza-
tions participating in the program under this section 
shall, to the maximum extent practicable, meet the 
requirements under subparagraphs (A) through (C) 
of paragraph (1). 
‘‘(d) IMPLEMENTATION GRANTS.—On and after Jan-
uary 1, 2022, the Secretary shall carry out a program to 
make grants to States and covered Indian Tribal organiza-
tions to build capacity for implementing the program 
under this section. 
‘‘(e) ALTERNATE PLANS IN THE CASE OF CONTIN-
UOUS SCHOOL CALENDAR.—The Secretary shall establish 
an alternative method for determining the schedule and 
number of days during which summer EBT benefits may 
be issued pursuant to subsection (a) in the case of children 
who are under a continuous school calendar. 
‘‘(f) FUNDING.— 
‘‘(1) PROGRAM
FUNDING.—In addition to 
amounts otherwise available, there is appropriated 
for each of fiscal years 2022 through 2024, out of 
any money in the Treasury not otherwise appro-
priated, such sums, to remain available for the 2- 
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year period following the date such amounts are 
made available, as may be necessary to carry out 
this section, including for administrative expenses 
incurred by the Secretary, States, covered Indian 
Tribal organizations, and local educational agencies. 
‘‘(2) IMPLEMENTATION
GRANT
FUNDING.—In 
addition to amounts otherwise available, including 
under paragraph (1), there is appropriated for fiscal 
year 2022, out of any money in the Treasury not 
otherwise appropriated, $50,000,000, to remain 
available until expended, to carry out subsection (d). 
‘‘(g) SUNSET.—The authority under this section shall 
terminate on September 30, 2024. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) COVERED
INDIAN
TRIBAL
ORGANIZA-
TION.—The term ‘covered Indian Tribal organiza-
tion’ means an Indian Tribal organization that par-
ticipates in the special supplemental nutrition pro-
gram for women, infants, and children under section 
17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786). 
‘‘(2) ELIGIBLE
CHILD.—The term ‘eligible 
child’ means, with respect to a summer, a child who 
was, during the school year immediately preceding 
such summer— 
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‘‘(A) certified to receive free or reduced 
price lunch under the school lunch program 
under this Act; 
‘‘(B) certified to receive free or reduced 
price breakfast under the school breakfast pro-
gram under section 4 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1773); or 
‘‘(C) enrolled in a school described in sub-
paragraph (B), (C), (D), (E), or (F) of section 
11(a)(1). 
‘‘(3) ELIGIBLE HOUSEHOLD.—The term ‘eligi-
ble household’ means a household that includes at 
least 1 eligible child.’’. 
SEC. 24003. HEALTHY FOOD INCENTIVES DEMONSTRATION. 
(a) APPROPRIATION.—In addition to amounts other-
wise available, there is appropriated to the Secretary of 
Agriculture for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $250,000,000, to re-
main available until expended, to provide— 
(1) technical assistance and evaluation with re-
spect to the activities described in subparagraphs 
(A) through (D) of paragraph (2); and 
(2) grants and monetary incentives to carry out 
1 or more of the following: 
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(A) Improving the nutritional quality of 
meals and snacks served under a child nutrition 
program. 
(B) Enhancing the nutrition and wellness 
environment of institutions participating in a 
child nutrition program, including by reducing 
the availability of less healthy foods during the 
school day. 
(C) Increasing the procurement of fresh, 
local, regional, and culturally appropriate foods 
and foods produced by underserved or limited 
resource farmers, as defined by the Secretary of 
Agriculture, to be served as part of a child nu-
trition program. 
(D) Funding a statewide nutrition edu-
cation coordinator— 
(i) to support individual school food 
authority nutrition education efforts; and 
(ii) to facilitate collaboration with 
other nutrition education efforts in the 
State. 
(b) STATE DEFINED.—In this section, the term 
‘‘State’’ has the meaning given the term in section 12(d) 
of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760(d)). 
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SEC. 24004. SCHOOL KITCHEN EQUIPMENT GRANTS. 
In addition to amounts otherwise available, there is 
appropriated to the Secretary of Agriculture for fiscal year 
2022, out of any money in the Treasury not otherwise ap-
propriated, $30,000,000, to remain available until ex-
pended through fiscal year 2030, for training and tech-
nical assistance to support scratch cooking and to award 
grants to States (as defined in section 12(d) of the Rich-
ard B. Russell National School Lunch Act (42 U.S.C. 
1760(d))) to make competitive subgrants to local edu-
cational agencies and schools to purchase equipment with 
a value of greater than $1,000 that, with respect to the 
school lunch program established under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751– 
1769j) and the school breakfast program established 
under section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773), is necessary to serve healthier meals, im-
prove food safety, and increase scratch cooking. 
Subtitle F—Human Services and 
Community Supports 
SEC. 25001. ASSISTIVE TECHNOLOGY. 
In addition to amounts otherwise available, there is 
appropriated for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $10,000,000, to 
remain available until expended, for necessary expenses to 
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carry out the Assistive Technology Act of 1998 (29 U.S.C. 
3003(a)). 
SEC. 25002. FAMILY VIOLENCE PREVENTION AND SERVICES 
FUNDING. 
In addition to amounts otherwise available, there is 
appropriated to the Secretary of Health and Human Serv-
ices, for fiscal year 2022, out of any money in the Treas-
ury not otherwise appropriated, $30,000,000, to remain 
available until expended, for necessary administrative ex-
penses to carry out subsections (c) and (d) of section 2204 
of the American Rescue Plan Act of 2021 (Public Law 
117–2). 
SEC. 25003. PREGNANCY ASSISTANCE FUND. 
Section 10214 of the Patient Protection and Afford-
able Care Act (42 U.S.C. 18204) is amended by adding 
at the end the following new sentence: 
‘‘In addition, there is appropriated for fiscal year 2022, 
out of any money in the Treasury not otherwise appro-
priated— 
‘‘(1) $25,000,000, to remain available until ex-
pended, to carry out this part in fiscal year 2022; 
‘‘(2) $25,000,000, to remain available until ex-
pended, to carry out this part in fiscal year 2023; 
and 
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‘‘(3) $25,000,000, to remain available until ex-
pended, to carry out this part in fiscal year 2024.’’. 
SEC. 25004. FUNDING FOR THE AGING NETWORK AND IN-
FRASTRUCTURE. 
(a) APPROPRIATION.—In addition to amounts other-
wise available, there are appropriated for fiscal year 2022, 
out of any money in the Treasury not otherwise appro-
priated, to the Department of Health and Human Serv-
ices— 
(1) $75,000,000 for the Research, Demonstra-
tion, and Evaluation Center for the Aging Network 
for necessary expenses to carry out the activities of 
the Center under section 201(g) of the Older Ameri-
cans Act of 1965 (OAA); 
(2) $655,000,000 for necessary expenses to 
carry out part B of title III of the OAA, including 
for— 
(A) supportive services of the type made 
available for fiscal year 2021 and authorized 
under such part; 
(B) investing in the aging services network 
for the purposes of improving the availability of 
supportive services, including investing in the 
aging services network workforce; 
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(C) the acquisition, alteration, or renova-
tion of facilities, including multipurpose senior 
centers and mobile units; and 
(D) construction or modernization of facili-
ties to serve as multipurpose senior centers; 
(3) $140,000,000 for necessary expenses to 
carry out part C of title III of the OAA, including 
to support the modernization of infrastructure and 
technology, including kitchen equipment and delivery 
vehicles, to support the provision of congregate nu-
trition services and home delivered nutrition services 
under such part; 
(4) $150,000,000 for necessary expenses to 
carry out part E of title III of the OAA, including 
section 373(e) of such part; 
(5) $50,000,000 for necessary expenses to carry 
out title VI of the OAA, including part C of such 
title; 
(6) $50,000,000 for necessary expenses to carry 
out the long-term care ombudsman program under 
title VII of the OAA; 
(7) $59,000,000 for necessary expenses for 
technical assistance centers or national resource cen-
ters supported under the OAA, including all such 
centers that received funding under title IV of the 
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OAA for fiscal year 2021, in order to support tech-
nical assistance and resource development related to 
culturally appropriate care management and services 
for older individuals with the greatest social need, 
including racial and ethnic minority individuals; 
(8) $15,000,000 for necessary expenses for 
technical assistance centers or national resource cen-
ters supported under the OAA that are focused on 
providing services for older individuals who are un-
derserved due to their sexual orientation or gender 
identity; 
(9) $1,000,000 for necessary expenses for ef-
forts of national training and technical assistance 
centers supported under the OAA to— 
(A) support expanding the reach of the 
aging services network to more effectively assist 
older individuals in remaining socially engaged 
and active; 
(B) provide additional support in technical 
assistance and training to the aging services 
network to address the social isolation of older 
individuals; 
(C) promote best practices and identify in-
novation in the field; and 
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(D) continue to support a repository for 
innovations designed to increase the ability of 
the aging services network to tailor social en-
gagement activities to meet the needs of older 
individuals; and 
(10) $5,000,000 for necessary expenses to carry 
out section 417 of the OAA. 
Amounts appropriated by this subsection shall remain 
available until expended. 
(b) NONAPPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—The non-Federal contribution requirements 
under sections 304(d)(1)(D) and 431(a) of the Older 
Americans Act of 1965, and section 373(h)(2) of such Act, 
shall not apply to— 
(1) any amounts made available under this sec-
tion; or 
(2) any amounts made available under section 
2921 of the American Rescue Plan Act of 2021 
(Public Law 117–2). 
SEC. 25005. TECHNICAL ASSISTANCE CENTER FOR SUP-
PORTING DIRECT CARE AND CAREGIVING. 
(a) IN GENERAL.—In addition to amounts otherwise 
available, there is appropriated to the Secretary of Health 
and Human Services, acting through the Administrator 
for the Administration for Community Living, for fiscal 
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year 2022, out of any money in the Treasury not otherwise 
appropriated, $20,000,000, to remain available until Sep-
tember 30, 2031, for necessary expenses to establish, di-
rectly or through grants, contracts, or cooperative agree-
ments, a national technical assistance center (referred to 
in this section as the ‘‘Center’’) to— 
(1) provide technical assistance for supporting 
direct care workforce recruitment, education and 
training, retention, career advancement, and for sup-
porting family caregivers and caregiving activities; 
(2) develop and disseminate a set of replicable 
models or evidence-based or evidence-informed strat-
egies or best practices for— 
(A) recruitment, education and training, 
retention, and career advancement of direct 
support workers; 
(B) reducing barriers to accessing direct 
care services; and 
(C) increasing access to alternatives to di-
rect care services, including assistive tech-
nology, that reduce reliance on such services; 
(3) provide recommendations for education and 
training curricula for direct support workers; and 
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(4) provide recommendations for activities to 
further support paid and unpaid family caregivers, 
including expanding respite care. 
(b) DIRECT SUPPORT WORKER DEFINED.—The term 
‘‘direct support worker’’ has the meaning given such term 
in section 22301. 
SEC. 25006. FUNDING TO SUPPORT UNPAID CAREGIVERS. 
(a) IN GENERAL.—In addition to amounts otherwise 
available, there is appropriated to the Secretary of Health 
and Human Services (referred to in this section as the 
‘‘Secretary’’) for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $40,000,000, to 
remain available until expended, for carrying out the pur-
pose described in subsection (b). 
(b) USE
OF
FUNDING.—The Secretary, acting 
through the Assistant Secretary for Aging, shall use 
amounts appropriated by subsection (a) for necessary ex-
penses to make awards, pursuant to section 373(i) of the 
Older Americans Act of 1965 (42 U.S.C. 3030s–1(i)), to 
States, public agencies, private nonprofit agencies, institu-
tions of higher education, and organizations, including 
Tribal organizations, for initiatives to address the behav-
ioral health needs of family caregivers and older relative 
caregivers. 
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(c) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
priated by this section shall be used to supplement and 
not supplant other Federal, State, or local public funds 
to support unpaid caregivers. 
SEC. 25007. FUNDING TO SUPPORT INDIVIDUALS WITH IN-
TELLECTUAL 
AND 
DEVELOPMENTAL 
DIS-
ABILITIES. 
(a) IN GENERAL.—In addition to amounts otherwise 
available, there is appropriated to the Secretary of Health 
and Human Services (referred to in this section as the 
‘‘Secretary’’), for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $25,000,000, to 
remain available until expended, for carrying out the pur-
pose described in subsection (b). 
(b) USE
OF
FUNDING.—The Secretary, acting 
through the Administrator of the Administration for Com-
munity Living, shall use amounts appropriated by sub-
section (a) for necessary expenses to award grants, con-
tracts, or cooperative agreements to public or private non-
profit entities pursuant to section 162 of the Develop-
mental Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15082) for initiatives to address the be-
havioral health needs of individuals with intellectual and 
developmental disabilities. 
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(c) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
priated by this section shall be used to supplement and 
not supplant other Federal, State, or local public funds 
to support individuals with intellectual and developmental 
disabilities. 
SEC. 25008. OFFICE OF THE INSPECTOR GENERAL OF THE 
DEPARTMENT OF HEALTH AND HUMAN SERV-
ICES. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Health and Human 
Services for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $50,000,000, to re-
main available until expended, for the Office of Inspector 
General of the Department of Health and Human Serv-
ices, for salaries and expenses necessary for oversight, in-
vestigations, and audits of programs, grants, and projects 
funded under subtitles D and F of this title. 
Subtitle G—National Service and 
Workforce Development in Sup-
port of Climate Resilience and 
Mitigation 
SEC. 26001. CORPORATION FOR NATIONAL AND COMMU-
NITY SERVICE AND THE NATIONAL SERVICE 
TRUST. 
(a) AMERICORPS STATE AND NATIONAL.— 
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(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not other-
wise appropriated, to the Corporation for National 
and Community Service, $3,200,000,000, to remain 
available until September 30, 2026, which shall be 
used to make funding adjustments to existing (as of 
the date of enactment of this Act) awards and make 
new awards to entities (whether or not such entities 
are already recipients of a grant or other agreement 
on the date of enactment of this Act) to support na-
tional service programs described in paragraphs 
(1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), 
and subsection (b)(2), of section 122 of the National 
and Community Service Act of 1990 and national 
service programs carrying out activities described in 
clauses (i), (ii), (iii), (v), (vi), and (vii) of paragraph 
(4)(B) of subsection (a) of such section, to increase 
living allowances and improve benefits of partici-
pants in such programs. 
(2) REQUIREMENTS.—For the purposes of car-
rying out paragraph (1)— 
(A) the Corporation shall waive the re-
quirements described in section 121(e)(1) of the 
National and Community Service Act of 1990, 
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in whole or in part, if a recipient of a grant or 
other agreement for such a national service pro-
gram demonstrates— 
(i) the recipient will serve underserved 
or low-income communities, and a signifi-
cant percentage of participants in such 
program are low-income individuals; and 
(ii) without such waiver, the recipient 
cannot meet the requirements of this sec-
tion; 
(B) section 189(a) of such Act shall be ap-
plied by substituting ‘‘125 percent of the 
amount of the minimum living allowance of a 
full-time participant per full-time equivalent po-
sition’’ for ‘‘$18,000 per full-time equivalent 
position’’; and 
(C) section 140(a)(1) of such Act shall be 
applied by substituting ‘‘200 percent of the pov-
erty line’’ for ‘‘the average annual subsistence 
allowance provided to VISTA volunteers under 
section 105 of the Domestic Volunteer Service 
Act of 1973 (42 U.S.C. 4955)’’. 
(b) STATE COMMISSIONS.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 
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2022, out of any money in the Treasury not other-
wise appropriated, to the Corporation for National 
and Community Service, $400,000,000, to remain 
available until September 30, 2026, which shall be 
used to make funding adjustments to existing (as of 
the date of enactment of this Act) awards and make 
new awards to States to establish or operate State 
Commissions on National and Community Service. 
(2) MATCH WAIVER.—For the purposes of car-
rying out paragraph (1), the Corporation shall waive 
the matching requirement described in section 
126(a)(2) of the National and Community Service 
Act of 1990, in whole or in part, for a State Com-
mission, if such State Commission demonstrates 
need for such waiver. 
(c) NATIONAL CIVILIAN COMMUNITY CORPS.—In ad-
dition to amounts otherwise available, there is appro-
priated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, to the Corporation 
for National and Community Service, $80,000,000, to re-
main available until September 30, 2029, which shall be 
used to increase the living allowance and benefits of par-
ticipants in the National Civilian Community Corps au-
thorized under section 152 of the National and Commu-
nity Service Act of 1990. 
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(d) AMERICORPS VISTA.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not other-
wise appropriated, to the Corporation for National 
and Community Service, $600,000,000 to remain 
available until September 30, 2029, which shall be 
used to increase the subsistence allowances and im-
prove benefits of participants in the Volunteers in 
Service to America program authorized under sec-
tion 102 of the Domestic Volunteer Service Act of 
1973. 
(2) REQUIREMENT.—For purposes of carrying 
out paragraph (1)— 
(A) section 105(b)(2)(A) of the Domestic 
Volunteer Service Act of 1973 shall be applied 
by substituting ‘‘200 percent’’ for ‘‘95 percent’’; 
and 
(B) section 105(b)(2)(B) of the Domestic 
Volunteer Service Act of 1973 shall be applied 
by substituting ‘‘210 percent’’ for ‘‘105 per-
cent’’. 
(e) NATIONAL SERVICE IN SUPPORT OF CLIMATE 
RESILIENCE AND MITIGATION.— 
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(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not other-
wise appropriated, to the Corporation for National 
and Community Service, $6,915,000,000, which 
shall be used for the purposes specified in paragraph 
(3). 
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated under paragraph (1) shall— 
(A) be available until September 30, 2026, 
for national service programs described in para-
graphs (1)(A), (2)(A), (3)(A), and (5)(A) of 
subsection (a), and subsection (b)(2), of section 
122 of the National and Community Service 
Act of 1990 and national service programs car-
rying out activities described in clauses (i), (ii), 
(iii), (v), (vi), and (vii) of paragraph (4)(B) of 
subsection (a) of such section; and 
(B) be available until September 30, 2029, 
for National Civilian Community Corps pro-
grams authorized under section 152 of the Na-
tional and Community Service Act of 1990 and 
Volunteers in Service to America programs au-
thorized under section 102 of the Domestic Vol-
unteer Service Act of 1973. 
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(3) USE OF FUNDS.— 
(A) IN GENERAL.—The Corporation shall 
use amounts appropriated under paragraph (1) 
to fund programs described in subparagraph 
(B) to carry out projects or activities described 
in section 122(a)(3)(B) of the National and 
Community Service Act of 1990. 
(B) PROGRAMS.—The programs described 
in subparagraph (A) shall include— 
(i) national service programs de-
scribed in paragraphs (1)(A), (2)(A), 
(3)(A), and (5)(A) of subsection (a), and 
subsection (b)(2), of section 122 of the Na-
tional and Community Service Act of 1990 
and national service programs carrying out 
activities described in clauses (i), (ii), (iii), 
(v), (vi), and (vii) of paragraph (4)(B) of 
subsection (a) of such section; 
(ii) 
National 
Civilian 
Community 
Corps programs authorized under section 
152 of the National and Community Serv-
ice Act of 1990; and 
(iii) Volunteers in Service to America 
programs authorized under section 102 of 
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the Domestic Volunteer Service Act of 
1973. 
(C) TERMS.—In funding programs de-
scribed in subparagraph (A), the Corporation 
shall ensure— 
(i) awards are made to entities that 
serve, and have representation from, low- 
income communities or communities expe-
riencing (or at risk of experiencing) ad-
verse health and environmental conditions; 
(ii) such programs utilize culturally 
competent and multilingual strategies; 
(iii) projects carried out through such 
programs are planned with community 
input, and implemented by diverse partici-
pants who are from communities being 
served by such programs; and 
(iv) such programs provide partici-
pants with workforce development opportu-
nities, such as pre-apprenticeships that ar-
ticulate to registered apprenticeship pro-
grams, and pathways to post-service em-
ployment in high-quality jobs, including 
registered apprenticeships. 
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(4) REQUIREMENTS.—For the purposes of car-
rying out paragraph (1)— 
(A) in implementing national service pro-
grams described in paragraph (3)(B)(i) and 
funded by the appropriations specified in para-
graph (1)— 
(i) the Corporation shall waive the re-
quirements described in section 121(e)(1) 
of the National and Community Service 
Act of 1990, in whole or in part, if a re-
cipient of a grant or other agreement for 
the national service program involved dem-
onstrates— 
(I) the recipient will serve under-
served or low-income communities, 
and a significant percentage of par-
ticipants in such program are low-in-
come individuals; and 
(II) without such waiver, the re-
cipient cannot meet the requirements 
of this section; 
(ii) section 189(a) of the National and 
Community Service Act of 1990 shall be 
applied by substituting ‘‘125 percent of the 
amount of the minimum living allowance of 
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a full-time participant per full-time equiva-
lent position’’ for ‘‘$18,000 per full-time 
equivalent position’’; 
(iii) section 140(a)(1) of the National 
and Community Service Act of 1990 shall 
be applied by substituting ‘‘200 percent of 
the poverty line’’ for ‘‘the average annual 
subsistence allowance provided to VISTA 
volunteers under section 105 of the Do-
mestic Volunteer Service Act of 1973 (42 
U.S.C. 4955)’’; and 
(iv) the Corporation shall waive the 
matching requirement described in section 
126(a)(2) of the National and Community 
Service Act of 1990, in whole or in part, 
for a State Commission, if such State 
Commission demonstrates need for such 
waiver; and 
(B) in implementing national service pro-
grams described in paragraph (3)(B)(iii) and 
funded by the appropriations specified in para-
graph (1)— 
(i) section 105(b)(2)(A) of the Domes-
tic Volunteer Service Act of 1973 shall be 
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applied by substituting ‘‘200 percent’’ for 
‘‘95 percent’’; and 
(ii) section 105(b)(2)(B) of the Do-
mestic Volunteer Service Act of 1973 shall 
be applied by substituting ‘‘210 percent’’ 
for ‘‘105 percent’’. 
(f) ADMINISTRATIVE COSTS.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not other-
wise appropriated, to the Corporation for National 
and Community Service, $1,010,400,000, to remain 
available until September 30, 2029, which shall be 
used for Federal administrative expenses to carry 
out programs and activities funded under this sec-
tion, including— 
(A) corrective actions to address rec-
ommendations arising from audits of the finan-
cial statements of the Corporation and the Na-
tional Service Trust, and, in consultation with 
the Inspector General of the Corporation, the 
development of fraud prevention and detection 
controls and risk-based anti-fraud monitoring 
for grants and other financial assistance funded 
under this section; and 
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(B) coordination of efforts and activities 
with the Departments of Labor and Education 
to support the national service programs funded 
under subsections (a), (c), (d), and (e) in im-
proving the readiness of participants to transi-
tion to high-quality jobs or further education. 
(2) FISCAL YEAR 2030 PROGRAM ADMINISTRA-
TION.—In addition to amounts otherwise available, 
there is appropriated for fiscal year 2030, out of any 
money in the Treasury not otherwise appropriated, 
to the Corporation for National and Community 
Service, $79,800,000, to remain available until Sep-
tember 30, 2030, which shall be used, in fiscal year 
2030, for Federal administrative expenses to carry 
out programs and activities funded under this sec-
tion. 
(3) PLAN.—In addition to amounts otherwise 
available, there is appropriated for fiscal year 2022, 
out of any money in the Treasury not otherwise ap-
propriated, to the Corporation, $300,000, to remain 
available until September 30, 2023, which shall be 
used by the Chief Executive Officer of the Corpora-
tion to— 
(A) develop, publish, and implement, not 
later than 180 days after the date of enactment 
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of this Act, a project, operations, and manage-
ment plan for funds appropriated under this 
section; and 
(B) consult with the Secretary of Labor 
and the Inspector General of the Corporation in 
developing the plan under subparagraph (A). 
(4) OUTREACH.—In addition to amounts other-
wise made available, there is appropriated for fiscal 
year 2022, out of any money in the Treasury not 
otherwise appropriated, to the Corporation for Na-
tional and Community Service, $49,500,000, to re-
main available until September 30, 2030, for out-
reach to and recruitment of members from commu-
nities traditionally underrepresented in national 
service programs and members of a community expe-
riencing a significant dislocation of workers, includ-
ing energy transition communities. 
(g) OFFICE OF INSPECTOR GENERAL.—In addition 
to amounts otherwise available, there is appropriated for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, to the Corporation for National 
and Community Service, $75,000,000, to remain available 
until September 30, 2030, which shall be used for the Of-
fice of Inspector General of the Corporation for salaries 
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and expenses necessary for oversight and audit of pro-
grams and activities funded under this section. 
(h) NATIONAL SERVICE TRUST.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not other-
wise appropriated, to the National Service Trust, 
$1,150,000,000, to remain available until September 
30, 2030, for— 
(A) administration of the National Service 
Trust; and 
(B) payment to the Trust for the provision 
of national service educational awards and in-
terest expenses— 
(i) for participants, for a term of serv-
ice supported by funds made available 
under subsection (e); and 
(ii) pursuant to section 145(a)(1)(A) 
of the National and Community Service 
Act of 1990. 
(2) SUPPLEMENTAL EDUCATIONAL AWARDS.— 
(A) 
APPROPRIATION.—In 
addition 
to 
amounts otherwise available, there is appro-
priated for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, to 
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the National Service Trust, $1,660,000,000, to 
remain available until September 30, 2030, for 
payment to the National Service Trust for the 
purpose of providing a supplemental national 
service educational award to an individual eligi-
ble to receive a national service educational 
award pursuant to section 146(a), and the indi-
vidual’s transferee pursuant to section 148(f), 
of the National and Community Service Act of 
1990, for a term of service that began after the 
date of enactment of this Act in a national serv-
ice program (including a term of service sup-
ported by funds made available under sub-
section (e)). 
(B) AWARD
AVAILABILITY.—The supple-
mental educational award referred to in sub-
paragraph (A) shall be available to an indi-
vidual or their transferee described in subpara-
graph (A) in accordance with the paragraph 
(3). 
(C) CALCULATION.—The amount of the 
supplemental educational award that shall be 
available to an individual or their transferee de-
scribed in subparagraph (A) shall be calculated 
as follows: 
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(i) AMOUNT
FOR
FULL-TIME
NA-
TIONAL SERVICE.—For an individual who 
completes a required term of full-time na-
tional service, or the individual’s trans-
feree— 
(I) in a case in which the award 
year for which the national service po-
sition is approved by the Corporation 
is award year 2022-2023, 50 percent 
of the maximum amount of a Federal 
Pell Grant under section 401 of the 
Higher Education Act of 1965 that a 
student eligible for such Grant may 
receive in the aggregate for such 
award year; and 
(II) in a case in which the award 
year for which the national service po-
sition is approved by the Corporation 
is award year 2023-2024 or a subse-
quent award year, 50 percent of the 
total maximum Federal Pell Grant 
under section 401 of the Higher Edu-
cation Act of 1965 that a student eli-
gible for such Grant may receive in 
the aggregate for such award year. 
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(ii) AMOUNT
FOR
PART-TIME
NA-
TIONAL SERVICE.—For an individual who 
completes a required term of part-time na-
tional service, or the individual’s trans-
feree, 50 percent of the amount deter-
mined under clause (i). 
(iii) AMOUNT FOR PARTIAL COMPLE-
TION OF NATIONAL SERVICE.—For an in-
dividual released from completing the full- 
time or part-time term of service agreed to 
by the individuals, or the individual’s 
transferee, the portion of the amount de-
termined under clause (i) that corresponds 
to the portion of the term of service com-
pleted by the individual. 
(3) PERIOD OF AVAILABILITY FOR NATIONAL 
SERVICE EDUCATIONAL AWARDS.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 146(d) of the National and Community 
Service Act of 1990, relating to a period of time 
for use of a national service educational award, 
or any extensions to such time period granted 
under section 146(d)(2) of such Act, an indi-
vidual eligible to receive a national service edu-
cational award for a term of service supported 
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by funds made available under subsection (e), 
or the individual’s transferee, and an individual 
eligible to receive a supplemental educational 
award described in paragraph (2) for a term of 
service, or the individual’s transferee, shall not 
use, after September 30, 2030, the national 
service educational award or supplemental edu-
cational award for the term of service involved, 
and the national service educational award and 
supplemental educational award shall be avail-
able for the lengths of time described in sub-
paragraph (B). 
(B) LENGTHS OF TIME.—The lengths of 
time described in this subparagraph are as fol-
lows: 
(i) For an individual who completes 
the term of service involved by September 
30, 2023 or the individual’s transferee, 
until the end of the 7-year period begin-
ning on that date. 
(ii) For an individual who completes 
such term of service by September 30, 
2024 or the individual’s transferee, until 
the end of the 6-year period beginning on 
that date. 
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(iii) For an individual who completes 
such term of service by September 30, 
2025 or the individual’s transferee, until 
the end of the 5-year period beginning on 
that date. 
(iv) For an individual who completes 
such term of service by September 30, 
2026 or the individual’s transferee, until 
the end of the 4-year period beginning on 
that date. 
(v) For an individual who completes 
such term of service by September 30, 
2027 or the individual’s transferee, until 
the end of the 3-year period beginning on 
that date. 
(vi) For an individual who completes 
such term of service by September 30, 
2028 or the individual’s transferee, until 
the end of the 2-year period beginning on 
that date. 
(vii) For an individual who completes 
such term of service by September 30, 
2029 or the individual’s transferee, until 
the end of the 1-year period beginning on 
that date. 
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(i) LIMITATION.—The funds made available under 
this section are subject to the condition that the Corpora-
tion shall not— 
(1) use such funds to make any transfer to the 
National Service Trust for any use, or enter into any 
agreement involving such funds— 
(A) that is for a term extending beyond 
September 30, 2031; or 
(B) for which or under which any payment 
could be outlaid after September 30, 2031; and 
(2) use any other funds available to the Cor-
poration to liquidate obligations made under this 
section. 
(j) DEFINITION.—For purposes of this section, the 
term ‘‘registered apprenticeship program’’ means an ap-
prenticeship program registered with the Office of Appren-
ticeship of the Employment and Training Administration 
of the Department of Labor, or a State apprenticeship 
agency recognized by the Office of Apprenticeship, pursu-
ant to the Act of August 16, 1937 (commonly known as 
the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 
663). 
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SEC. 26002. WORKFORCE DEVELOPMENT IN SUPPORT OF 
CLIMATE RESILIENCE AND MITIGATION. 
(a) YOUTHBUILD.—In addition to amounts otherwise 
available, there is appropriated to the Department of 
Labor for fiscal year 2022, out of any amounts in the 
Treasury not otherwise appropriated, $450,000,000, to re-
main available until September 30, 2026, to support ac-
tivities aligned with high-quality employment opportuni-
ties in industry sectors or occupations related to climate 
resilience or mitigation and aligned with the activities de-
scribed in subsection (e)(3) of section 26001 by— 
(1) carrying out activities described in section 
171(c)(2) of the Workforce Innovation and Oppor-
tunity Act; and 
(2) improving and expanding access to services, 
stipends, wages, and benefits described in subpara-
graphs (A)(vii) and (F) of section 171(c)(2) of such 
Act. 
(b) JOB CORPS.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated to the Depart-
ment of Labor for fiscal year 2022, out of any 
amounts in the Treasury not otherwise appropriated, 
$450,000,000, to remain available until September 
30, 2026, to support activities aligned with high- 
quality employment opportunities in industry sectors 
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or occupations related to climate resilience or miti-
gation and aligned with the activities described in 
subsection (e)(3) of section 26001 by— 
(A) providing funds to operators and serv-
ice providers to— 
(i) carry out the activities and services 
described in sections 148 and 149 of the 
Workforce Innovation and Opportunity 
Act; and 
(ii) improve and expand access to al-
lowances and services described in section 
150 of such Act; and 
(B) notwithstanding section 158(c) of such 
Act, constructing, rehabilitating, and acquiring 
Job Corps centers to support activities de-
scribed in subparagraph (A). 
(2) ELIGIBILITY.—For the purposes of carrying 
out paragraph (1), an entity in a State or outlying 
area may be eligible to be selected as an operator or 
service provider. 
(c) PRE-APPRENTICESHIP, AND REGISTERED AP-
PRENTICESHIP PROGRAMS.— 
(1) PRE-APPRENTICESHIP PROGRAMS.—In addi-
tion to amounts otherwise available, there is appro-
priated to the Department of Labor for fiscal year 
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2022, out of any amounts in the Treasury not other-
wise appropriated, $1,000,000,000, to remain avail-
able until September 30, 2026, to carry out activi-
ties through grants, cooperative agreements, con-
tracts, or other arrangements, to create or expand 
pre-apprenticeship programs that articulate to reg-
istered apprenticeship programs, are aligned with 
high-quality employment opportunities in industry 
sectors or occupations related to climate resilience or 
mitigation, and are aligned with the activities de-
scribed in subsection (e)(3) of section 26001. 
(2) PRE-APPRENTICESHIP PARTNERSHIPS.—In 
addition to amounts otherwise available, there is ap-
propriated to the Department of Labor for fiscal 
year 2022, out of any amounts in the Treasury not 
otherwise appropriated, $150,000,000, to remain 
available until September 30, 2026, to support part-
nerships between entities carrying out pre-appren-
ticeship programs that articulate to registered ap-
prenticeship programs and entities funded under 
subsection (e) of section 26001 to ensure past and 
current participants in programs funded under sub-
section (e)(1) of section 26001 have access to such 
pre-apprenticeship programs. 
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(3) 
REGISTERED
APPRENTICESHIP
PRO-
GRAMS.—In addition to amounts otherwise available, 
there is appropriated to the Department of Labor 
for fiscal year 2022, out of any amounts in the 
Treasury not otherwise appropriated, $450,000,000, 
to remain available until September 30, 2026, to 
carry out activities through grants, cooperative 
agreements, contracts, or other arrangements, to 
create or expand registered apprenticeship programs 
in climate-related nontraditional apprenticeship oc-
cupations. 
(4) PARTICIPANTS WITH BARRIERS TO EMPLOY-
MENT AND NONTRADITIONAL APPRENTICESHIP POP-
ULATIONS.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of 
Labor for fiscal year 2022, out of any amounts in 
the 
Treasury 
not 
otherwise 
appropriated, 
$350,000,000, to remain available until September 
30, 2026, for entities to carry out pre-apprenticeship 
programs described in paragraph (1), and registered 
apprenticeship program described in paragraph (3), 
serving a high number or high percentage of individ-
uals with barriers to employment, including individ-
uals with disabilities, or nontraditional apprentice-
ship populations. 
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(d) REENTRY EMPLOYMENT OPPORTUNITIES PRO-
GRAM.—In addition to amounts otherwise available, there 
is appropriated to the Department of Labor for fiscal year 
2022, out of any amounts in the Treasury not otherwise 
appropriated, $1,000,000,000, to remain available until 
September 30, 2026, for the Reentry Employment Oppor-
tunities program, which amount shall be used to support 
activities aligned with high-quality employment opportuni-
ties in industry sectors or occupations related to climate 
resilience or mitigation and aligned with the activities de-
scribed in subsection (e)(3) of section 26001. 
(e) PAID YOUTH EMPLOYMENT OPPORTUNITIES.—In 
addition to amounts otherwise available, there is appro-
priated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, to the Department 
of Labor, $350,000,000, to remain available until Sep-
tember 30, 2026, to carry out activities through grants, 
contracts, or cooperative agreements, for the purposes of 
providing in-school youth and out-of-school youth with 
paid 
work 
experiences 
authorized 
under 
section 
129(c)(2)(C) of the Workforce Innovation and Oppor-
tunity Act, notwithstanding section 194(10) of such Act, 
that are— 
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(1) carried out by public agencies or private 
nonprofit entities, including community-based orga-
nizations; 
(2) provided in conjunction with supportive 
services and other elements described in section 
129(c)(2) of such Act; 
(3) aligned with the activities described in sub-
section (e)(3) of section 26001; and 
(4) designed to prepare participants for— 
(A) high-quality, unsubsidized employment 
opportunities in industry sectors or occupations 
related to climate resilience or mitigation; 
(B) enrollment in an institution of higher 
education (as defined in section 101 or 102(c) 
of the Higher Education Act of 1965); and 
(C) registered apprenticeship programs. 
(f) DEPARTMENT
OF
LABOR
INSPECTOR
GEN-
ERAL.—In addition to amounts otherwise available, there 
is appropriated to the Office of Inspector General of the 
Department of Labor for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, 
$10,000,000, to remain available until expended, for sala-
ries and expenses necessary for oversight, investigations, 
and audits of programs, grants, and projects of the De-
partment of Labor funded under this section. 
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(g) ADMINISTRATION.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated to the Depart-
ment of Labor for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, 
$69,800,000, to remain available until September 
30, 2029, for program administration within the De-
partment of Labor for salaries and expenses nec-
essary to implement this section. 
(2) PLAN.—In addition to amounts otherwise 
available, there is appropriated for fiscal year 2022, 
out of any money in the Treasury not otherwise ap-
propriated, to the Department of Labor, $200,000, 
to remain available until September 30, 2023, which 
shall be used by the Secretary to— 
(A) develop, publish, and implement, not 
later than 180 days after the date of enactment 
of this Act, a project, operations, and manage-
ment plan for funds appropriated under this 
section; and 
(B) consult with the Chief Executive Offi-
cer of the Corporation for National and Com-
munity Service in developing the plan under 
subparagraph (A). 
(h) DEFINITION.—For purposes of this section: 
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(1) CLIMATE-RELATED
NONTRADITIONAL
AP-
PRENTICESHIP OCCUPATION.—The term ‘‘climate-re-
lated 
nontraditional 
apprenticeship 
occupation’’ 
means an apprenticeable occupation— 
(A) that aligns with the activities described 
in subsection (e)(3) of section 26001; 
(B) in an industry sector that trains less 
than 10 percent of all civilian registered ap-
prentices as of the date of the enactment of this 
Act; and 
(C) that is related to climate resilience or 
mitigation. 
(2) REGISTERED APPRENTICESHIP PROGRAM.— 
The term ‘‘registered apprenticeship program’’ 
means an apprenticeship program registered with 
the Office of Apprenticeship of the Employment and 
Training Administration of the Department of 
Labor, or a State apprenticeship agency recognized 
by the Office of Apprenticeship, pursuant to the Act 
of August 16, 1937 (commonly known as the ‘‘Na-
tional Apprenticeship Act’’; 50 Stat. 664, chapter 
663). 
(3) WIOA DEFINITIONS.—The terms ‘‘commu-
nity-based organization’’, ‘‘individual with a barrier 
to employment’’, ‘‘in-school youth’’, ‘‘outlying area’’, 
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and ‘‘out-of-school youth’’ have the meanings given 
such terms in paragraphs (10), (24), (27), (45), and 
(46), respectively, of section 3 of the Workforce In-
novation and Opportunity Act. 
Subtitle H—Prescription Drug 
Coverage Provisions 
SEC. 27001. REQUIREMENTS WITH RESPECT TO COST-SHAR-
ING FOR CERTAIN INSULIN PRODUCTS. 
(a) IN GENERAL.—Subpart B of part 7 of subtitle 
B of title I of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1185 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHAR-
ING FOR CERTAIN INSULIN PRODUCTS. 
‘‘(a) IN GENERAL.—For plan years beginning on or 
after January 1, 2023, a group health plan or health in-
surance issuer offering group health insurance coverage 
shall provide coverage of selected insulin products, and 
with respect to such products, shall not— 
‘‘(1) apply any deductible; or 
‘‘(2) impose any cost-sharing in excess of the 
lesser of, per 30-day supply— 
‘‘(A) $35; or 
‘‘(B) the amount equal to 25 percent of 
the negotiated price of the selected insulin prod-
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uct net of all price concessions received by or on 
behalf of the plan or coverage, including price 
concessions received by or on behalf of third- 
party entities providing services to the plan or 
coverage, such as pharmacy benefit manage-
ment services. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) SELECTED INSULIN PRODUCTS.—The term 
‘selected insulin products’ means at least one of each 
dosage form (such as vial, pump, or inhaler dosage 
forms) of each different type (such as rapid-acting, 
short-acting, intermediate-acting, long-acting, ultra 
long-acting, and premixed) of insulin (as defined 
below), when available, as selected by the group 
health plan or health insurance issuer. 
‘‘(2) INSULIN
DEFINED.—The term ‘insulin’ 
means insulin that is licensed under subsection (a) 
or (k) of section 351 of the Public Health Service 
Act (42 U.S.C. 262) and continues to be marketed 
under such section, including any insulin product 
that has been deemed to be licensed under section 
351(a) of such Act pursuant to section 7002(e)(4) 
of the Biologics Price Competition and Innovation 
Act of 2009 (Public Law 111–148) and continues to 
be marketed pursuant to such licensure. 
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‘‘(c) OUT-OF-NETWORK
PROVIDERS.—Nothing in 
this section requires a plan or issuer that has a network 
of providers to provide benefits for selected insulin prod-
ucts described in this section that are delivered by an out- 
of-network provider, or precludes a plan or issuer that has 
a network of providers from imposing higher cost-sharing 
than the levels specified in subsection (a) for selected insu-
lin products described in this section that are delivered 
by an out-of-network provider. 
‘‘(d) RULE OF CONSTRUCTION.—Subsection (a) shall 
not be construed to require coverage of, or prevent a group 
health plan or health insurance coverage from imposing 
cost-sharing other than the levels specified in subsection 
(a) on, insulin products that are not selected insulin prod-
ucts, to the extent that such coverage is not otherwise re-
quired and such cost-sharing is otherwise permitted under 
Federal and applicable State law. 
‘‘(e) APPLICATION
OF
COST-SHARING
TOWARDS 
DEDUCTIBLES
AND OUT-OF-POCKET MAXIMUMS.—Any 
cost-sharing payments made pursuant to subsection (a)(2) 
shall be counted toward any deductible or out-of-pocket 
maximum that applies under the plan or coverage.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Employee Retirement Income Security 
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Act of 1974 (29 U.S.C. 1001 et seq.) is amended by in-
serting after the item relating to section 725 the following: 
‘‘Sec. 726. Requirements with respect to cost-sharing for certain insulin prod-
ucts.’’. 
SEC. 27002. OVERSIGHT OF PHARMACY BENEFIT MANAGER 
SERVICES. 
(a) IN GENERAL.—Subtitle B of title I of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1021 et seq.) is amended— 
(1) in subpart B of part 7 (29 U.S.C. 1185 et 
seq.), by adding at the end the following: 
‘‘SEC. 727. OVERSIGHT OF PHARMACY BENEFIT MANAGER 
SERVICES. 
‘‘(a) IN GENERAL.—For plan years beginning on or 
after January 1, 2023, a group health plan (or health in-
surance issuer offering group health insurance coverage 
in connection with such a plan) or an entity or subsidiary 
providing pharmacy benefits management services on be-
half of such a plan or issuer shall not enter into a contract 
with a drug manufacturer, distributor, wholesaler, subcon-
tractor, rebate aggregator, or any associated third party 
that limits the disclosure of information to plan sponsors 
in such a manner that prevents the plan or issuer, or an 
entity or subsidiary providing pharmacy benefits manage-
ment services on behalf of a plan or issuer, from making 
the reports described in subsection (b). 
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‘‘(b) REPORTS.— 
‘‘(1) IN GENERAL.—For plan years beginning 
on or after January 1, 2023, not less frequently 
than once every 6 months, a health insurance issuer 
offering group health insurance coverage or an enti-
ty providing pharmacy benefits management services 
on behalf of a group health plan or an issuer pro-
viding group health insurance coverage shall submit 
to the plan sponsor (as defined in section 3(16)(B)) 
of such group health plan or group health insurance 
coverage a report in accordance with this subsection 
and make such report available to the plan sponsor 
in a machine-readable format. Each such report 
shall include, with respect to the applicable group 
health plan or health insurance coverage— 
‘‘(A) as applicable, information collected 
from drug manufacturers by such issuer or en-
tity on the total amount of copayment assist-
ance dollars paid, or copayment cards applied, 
that were funded by the drug manufacturer 
with respect to the participants and bene-
ficiaries in such plan or coverage; 
‘‘(B) a list of each drug covered by such 
plan, issuer, or entity providing pharmacy ben-
efit management services that was dispensed 
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during the reporting period, including, with re-
spect to each such drug during the reporting 
period— 
‘‘(i) the brand name, chemical entity, 
and National Drug Code; 
‘‘(ii) the number of participants and 
beneficiaries for whom the drug was filled 
during the plan year, the total number of 
prescription fills for the drug (including 
original prescriptions and refills), and the 
total number of dosage units of the drug 
dispensed across the plan year, including 
whether the dispensing channel was by re-
tail, mail order, or specialty pharmacy; 
‘‘(iii) the wholesale acquisition cost, 
listed as cost per days supply and cost per 
pill, or in the case of a drug in another 
form, per dose; 
‘‘(iv) the total out-of-pocket spending 
by participants and beneficiaries on such 
drug, including participant and beneficiary 
spending through copayments, coinsurance, 
and deductibles; and 
‘‘(v) for any drug for which gross 
spending of the group health plan or 
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health 
insurance 
coverage 
exceeded 
$10,000 during the reporting period— 
‘‘(I) a list of all other drugs in 
the same therapeutic category or 
class, including brand name drugs 
and biological products and generic 
drugs or biosimilar biological products 
that are in the same therapeutic cat-
egory or class as such drug; and 
‘‘(II) the rationale for preferred 
formulary placement of such drug in 
that therapeutic category or class; 
‘‘(C) a list of each therapeutic category or 
class of drugs that were dispensed under the 
health plan or health insurance coverage during 
the reporting period, and, with respect to each 
such therapeutic category or class of drugs, 
during the reporting period— 
‘‘(i) total gross spending by the plan, 
before manufacturer rebates, fees, or other 
manufacturer remuneration; 
‘‘(ii) the number of participants and 
beneficiaries who filled a prescription for a 
drug in that category or class; 
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‘‘(iii) if applicable to that category or 
class, a description of the formulary tiers 
and utilization mechanisms (such as prior 
authorization or step therapy) employed 
for drugs in that category or class; 
‘‘(iv) the total out-of-pocket spending 
by participants and beneficiaries, including 
participant 
and 
beneficiary 
spending 
through copayments, coinsurance, and 
deductibles; and 
‘‘(v) for each therapeutic category or 
class under which 3 or more drugs are in-
cluded on the formulary of such plan or 
coverage— 
‘‘(I) the amount received, or ex-
pected to be received, from drug man-
ufacturers in rebates, fees, alternative 
discounts, or other remuneration— 
‘‘(aa) to be paid by drug 
manufacturers for claims in-
curred during the reporting pe-
riod; or 
‘‘(bb) that is related to utili-
zation of drugs, in such thera-
peutic category or class; 
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‘‘(II) the total net spending, after 
deducting rebates, price concessions, 
alternative discounts or other remu-
neration from drug manufacturers, by 
the health plan or health insurance 
coverage on that category or class of 
drugs; and 
‘‘(III) the net price per course of 
treatment or single fill, such as a 30- 
day supply or 90-day supply, incurred 
by the health plan or health insurance 
coverage and its participants and 
beneficiaries, after manufacturer re-
bates, fees, and other remuneration 
for drugs dispensed within such thera-
peutic category or class during the re-
porting period; 
‘‘(D) total gross spending on prescription 
drugs by the plan or coverage during the re-
porting period, before rebates and other manu-
facturer fees or remuneration; 
‘‘(E) total amount received, or expected to 
be received, by the health plan or health insur-
ance coverage in drug manufacturer rebates, 
fees, alternative discounts, and all other remu-
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neration received from the manufacturer or any 
third party, other than the plan sponsor, re-
lated to utilization of drug or drug spending 
under that health plan or health insurance cov-
erage during the reporting period; 
‘‘(F) the total net spending on prescription 
drugs by the health plan or health insurance 
coverage during the reporting period; and 
‘‘(G) amounts paid directly or indirectly in 
rebates, fees, or any other type of remuneration 
to brokers, consultants, advisors, or any other 
individual or firm who referred the group health 
plan’s or health insurance issuer’s business to 
the pharmacy benefit manager. 
‘‘(2) PRIVACY REQUIREMENTS.—Health insur-
ance issuers offering group health insurance cov-
erage and entities providing pharmacy benefits man-
agement services on behalf of a group health plan 
shall provide information under paragraph (1) in a 
manner consistent with the privacy, security, and 
breach notification regulations promulgated under 
section 264(c) of the Health Insurance Portability 
and Accountability Act of 1996, and shall restrict 
the use and disclosure of such information according 
to such privacy regulations. 
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‘‘(3) DISCLOSURE AND REDISCLOSURE.— 
‘‘(A) LIMITATION
TO
BUSINESS
ASSOCI-
ATES.—A group health plan receiving a report 
under paragraph (1) may disclose such informa-
tion only to business associates of such plan as 
defined in section 160.103 of title 45, Code of 
Federal Regulations (or successor regulations). 
‘‘(B) CLARIFICATION REGARDING PUBLIC 
DISCLOSURE
OF
INFORMATION.—Nothing in 
this section prevents a health insurance issuer 
offering group health insurance coverage or an 
entity providing pharmacy benefits management 
services on behalf of a group health plan from 
placing reasonable restrictions on the public dis-
closure of the information contained in a report 
described in paragraph (1), except that such 
issuer or entity may not restrict disclosure of 
such report to the Department of Health and 
Human Services, the Department of Labor, or 
the Department of the Treasury. 
‘‘(C) LIMITED
FORM
OF
REPORT.—The 
Secretary shall define through rulemaking a 
limited form of the report under paragraph (1) 
required of plan sponsors who are drug manu-
facturers, drug wholesalers, or other direct par-
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ticipants in the drug supply chain, in order to 
prevent anti-competitive behavior. 
‘‘(4) REPORT
TO
GAO.—A health insurance 
issuer offering group health insurance coverage or 
an entity providing pharmacy benefits management 
services on behalf of a group health plan shall sub-
mit to the Comptroller General of the United States 
each of the first 4 reports submitted to a plan spon-
sor under paragraph (1) with respect to such cov-
erage or plan, and other such reports as requested, 
in accordance with the privacy requirements under 
paragraph (2) and the disclosure and redisclosure 
standards under paragraph (3), and such other in-
formation that the Comptroller General determines 
necessary to carry out the study under section 
30606(b) of the Act entitled ‘An Act to provide for 
reconciliation pursuant to title II of S. Con. Res. 
14’. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Health and Human Serv-
ices and the Secretary of the Treasury, shall enforce 
this section. 
‘‘(2) FAILURE TO PROVIDE TIMELY INFORMA-
TION.—A health insurance issuer or an entity pro-
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viding pharmacy benefit management services that 
violates subsection (a) or fails to provide information 
required under subsection (b), or a drug manufac-
turer that fails to provide information under sub-
section (b)(1)(A) in a timely manner, shall be sub-
ject to a civil monetary penalty in the amount of 
$10,000 for each day during which such violation 
continues or such information is not disclosed or re-
ported. 
‘‘(3) FALSE INFORMATION.—A health insurance 
issuer, entity providing pharmacy benefit manage-
ment services, or drug manufacturer that knowingly 
provides false information under this section shall be 
subject to a civil money penalty in an amount not 
to exceed $100,000 for each item of false informa-
tion. Such civil money penalty shall be in addition to 
other penalties as may be prescribed by law. 
‘‘(4) PROCEDURE.—The provisions of section 
1128A of the Social Security Act, other than sub-
section (a) and (b) and the first sentence of sub-
section (c)(1) of such section shall apply to civil 
monetary penalties under this subsection in the 
same manner as such provisions apply to a penalty 
or proceeding under section 1128A of the Social Se-
curity Act. 
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‘‘(5) WAIVERS.—The Secretary may waive pen-
alties under paragraph (2), or extend the period of 
time for compliance with a requirement of this sec-
tion, for an entity in violation of this section that 
has made a good-faith effort to comply with this sec-
tion. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit a health insurance issuer, 
group health plan, or other entity to restrict disclosure to, 
or otherwise limit the access of, the Department of Labor 
to a report described in subsection (b)(1) or information 
related to compliance with subsection (a) by such issuer, 
plan, or entity. 
‘‘(e) DEFINITION.—In this section, the term ‘whole-
sale acquisition cost’ has the meaning given such term in 
section 1847A(c)(6)(B) of the Social Security Act.’’; and 
(2) 
in 
section 
502(b)(3) 
(29 
U.S.C. 
1132(b)(3)), by inserting ‘‘(other than section 727)’’ 
after ‘‘part 7’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1001 et seq.) is amended by in-
serting after the item relating to section 726 the following 
new item: 
‘‘Sec. 727. Oversight of pharmacy benefit manager services.’’. 
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TITLE III—COMMITTEE ON 
ENERGY AND COMMERCE 
Subtitle A—Air Pollution 
SEC. 30101. CLEAN HEAVY-DUTY VEHICLES. 
The Clean Air Act is amended by inserting after sec-
tion 131 of such Act (42 U.S.C. 7431) the following: 
‘‘SEC. 132. CLEAN HEAVY-DUTY VEHICLES. 
‘‘(a) APPROPRIATIONS.— 
‘‘(1) IN
GENERAL.—In addition to amounts 
otherwise available, there is appropriated to the Ad-
ministrator for fiscal year 2022, out of any money 
in 
the 
Treasury 
not 
otherwise 
appropriated, 
$3,000,000,000, to remain available until September 
30, 2031, to carry out this section. 
‘‘(2) NONATTAINMENT AREAS.—In addition to 
amounts otherwise available, there is appropriated to 
the Administrator for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, 
$2,000,000,000, to remain available until September 
30, 2031, to make awards under this section to eligi-
ble recipients and to eligible contractors that propose 
to replace eligible vehicles to serve 1 or more com-
munities located in an air quality area designated 
pursuant to section 107 as nonattainment for any 
air pollutant. 
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‘‘(3) RESERVATION.—Of the funds appro-
priated by paragraph (1), the Administrator shall re-
serve 3 percent for administrative costs necessary to 
carry out this section. 
‘‘(b) PROGRAM.—Beginning not later than 180 days 
after the date of enactment of this section, the Adminis-
trator shall implement a program to make awards of 
grants and rebates to eligible recipients, and to make 
awards of contracts to eligible contractors for providing 
rebates, for up to 100 percent of costs for— 
‘‘(1) replacing eligible vehicles with zero-emis-
sion vehicles; 
‘‘(2) purchasing, installing, operating, and 
maintaining infrastructure needed to charge, fuel, or 
maintain zero-emission vehicles; 
‘‘(3) workforce development and training to 
support the maintenance, charging, fueling, and op-
eration of zero-emission vehicles; and 
‘‘(4) planning and technical activities to support 
the adoption and deployment of zero-emission vehi-
cles. 
‘‘(c) APPLICATIONS.—To seek an award under this 
section, an eligible recipient or eligible contractor shall 
submit to the Administrator an application at such time, 
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in such manner, and containing such information as the 
Administrator shall prescribe. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eligi-
ble contractor’ means a contractor that has the ca-
pacity— 
‘‘(A) to sell zero-emission vehicles, or 
charging or other equipment needed to charge, 
fuel, or maintain zero-emission vehicles, to indi-
viduals or entities that own an eligible vehicle; 
or 
‘‘(B) to arrange financing for such a sale. 
‘‘(2) ELIGIBLE RECIPIENT.—The term ‘eligible 
recipient’ means— 
‘‘(A) a State; 
‘‘(B) a municipality; 
‘‘(C) an Indian tribe; or 
‘‘(D) a nonprofit school transportation as-
sociation. 
‘‘(3) ELIGIBLE
VEHICLE.—The term ‘eligible 
vehicle’ means a Class 6 or Class 7 heavy-duty vehi-
cle as defined in section 1037.801 of title 40, Code 
of Federal Regulations (as in effect on the date of 
enactment of this section). 
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