‘‘(4) a description of how the State or eligible 
Tribal College or University will ensure that pro-
grams leading to a recognized postsecondary creden-
tial meet the quality criteria established by the State 
under section 122(b)(1) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3152(b)(1)) or 
other quality criteria determined appropriate by the 
State or eligible Tribal College or University; 
‘‘(5) an assurance that each community college 
operated or controlled by the State or the eligible 
Tribal College or University, as applicable, has en-
tered into a program participation agreement under 
section 487; 
‘‘(6) an assurance that the State or eligible 
Tribal College or University will assist eligible stu-
dents in obtaining information about and accessing 
means-tested Federal benefit programs and similar 
State, tribal, and local benefit programs that can 
provide financial assistance for any component of 
the student’s cost of attendance, as defined under 
section 472, other than tuition and fees; 
‘‘(7) an assurance that, for each year of the 
grant, the State or eligible Tribal College or Univer-
sity will notify each eligible student of the student’s 
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remaining eligibility for assistance under this sub-
part; 
‘‘(8) if the application is submitted by a 
State— 
‘‘(A) an assurance that the State will meet 
the requirements of section 788(b)(1) relating 
to the alignment of secondary and postsec-
ondary education; and 
‘‘(B) an assurance that the State will meet 
the requirements of section 788(b)(2) relating 
to the improvement of transfer pathways be-
tween institutions of higher education; and 
‘‘(9) an assurance that the State or eligible 
Tribal College or University will clearly communicate 
to prospective students, including students with 
prior college experience who have not completed a 
postsecondary degree or credential, their families, 
and the general public— 
‘‘(A) plans to implement the program 
funded under this subpart; and 
‘‘(B) how eligible students can attend a 
community college operated or controlled by the 
State or an eligible Tribal College or University 
without paying tuition and fees. 
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‘‘SEC. 788. PROGRAM REQUIREMENTS. 
‘‘(a) GENERAL REQUIREMENTS.—As a condition of 
receiving a grant under this subpart in each award year, 
a State or eligible Tribal College or University shall— 
‘‘(1) ensure that the total amount of tuition 
and fees charged to an eligible student attending a 
community college operated or controlled by the 
State or the eligible Tribal College or University, as 
applicable, is $0; 
‘‘(2) not apply financial assistance for which an 
eligible student qualifies to tuition or fees; and 
‘‘(3) not use any funds provided under this sub-
part for administrative purposes relating to such 
grant. 
‘‘(b) STATE REQUIREMENTS.—In addition to the re-
quirements under subsection (a), as a condition of receiv-
ing a grant under this subpart a State shall meet the fol-
lowing requirements: 
‘‘(1) ALIGNMENT OF SECONDARY AND HIGHER 
EDUCATION.—The State shall— 
‘‘(A) submit and implement a plan to align 
the requirements for receiving a regular high 
school diploma from public schools in the State 
with the requirements for entering credit-bear-
ing coursework at community colleges in such 
State; and 
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‘‘(B) not later than 3 years after the date 
on which the State first receives a grant under 
this subpart, certify to the Secretary that such 
alignment has been achieved. 
‘‘(2) TRANSFER PATHWAYS.—The State shall— 
‘‘(A) submit a plan, developed in collabora-
tion with faculty from institutions of higher 
education in the State, to improve transfer 
pathways among institutions of higher edu-
cation in the State, including by— 
‘‘(i) ensuring that associate degrees 
awarded by community colleges in the 
State are fully transferable to, and credited 
as, the first 2 years of related bacca-
laureate programs at public institutions of 
higher education in such State; 
‘‘(ii) increasing the transferability of 
individual courses within the certificate or 
associate programs offered by community 
colleges in the State to related bacca-
laureate programs offered by institutions 
of higher education in such State to maxi-
mize the transferability of credits for stu-
dents who transfer before completing an 
associate degree; 
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‘‘(iii) expanding the use of reverse 
transfer policies that allow institutions 
to— 
‘‘(I) implement the process of 
retroactively granting a certificate or 
associate degree to students who had 
not completed the requirements for 
such certificate or degree before they 
transferred; and 
‘‘(II) allow academic credits for 
coursework completed at a 4-year in-
stitution to be applied to a previously- 
attended community college for the 
purpose of obtaining an associate de-
gree or a certificate; and 
‘‘(iv) ensuring that students attending 
community colleges in the State have ac-
cess to comprehensive counseling and sup-
ports to facilitate the process of transfer-
ring to a 4-year institution of higher edu-
cation; and 
‘‘(B) not later than 3 years after the date 
on which the State first receives a grant under 
this subpart, certify to the Secretary that the 
State is carrying out the plan submitted in ac-
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cordance with subparagraph (A) and is meeting 
the requirements of clauses (i) through (iv) of 
such subparagraph. 
‘‘(c) STATE MAINTENANCE OF EFFORT.—A State re-
ceiving a grant under this subpart shall be entitled to re-
ceive its full allotment of funds under this subpart for a 
fiscal year only if, for each year of the grant, the State 
provides— 
‘‘(1) State fiscal support for higher education 
per full-time equivalent student at a level equal to or 
exceeding the average amount of State fiscal support 
for higher education per full-time equivalent student 
provided for the 3 consecutive preceding fiscal years; 
‘‘(2) financial support for operating expenses 
(excluding capital expenses and research and devel-
opment costs) for public 4-year institutions of higher 
education at a level equal to or exceeding the aver-
age amount provided for the 3 consecutive preceding 
State fiscal years; and 
‘‘(3) financial support for need-based financial 
aid at a level equal to or exceeding the average 
amount provided for the 3 consecutive preceding 
State fiscal years. 
‘‘(d) 
NO
ADDITIONAL
ELIGIBILITY
REQUIRE-
MENTS.—A State or eligible Tribal College or University 
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that receives a grant under this subpart may not impose 
additional eligibility requirements on eligible students 
other than the requirements under this subpart. 
‘‘(e) ELIGIBILITY
FOR BENEFITS.—No individual 
shall be determined to be ineligible to receive benefits pro-
vided under this subpart (including tuition and fees set 
to $0 and other aid provided under this subpart) on the 
basis of citizenship, alienage, or immigration status. 
‘‘SEC. 789. ALLOWABLE USES OF FUNDS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b)— 
‘‘(1) a State shall use a grant under this sub-
part only to provide funds to each community college 
operated or controlled by the State to enable each 
such community college to set community college 
tuition and fees for eligible students to $0 as re-
quired under section 788(a); and 
‘‘(2) an eligible Tribal College or University 
shall use a grant under this subpart only to set com-
munity college tuition and fees for eligible students 
to $0 as required under section 788(a). 
‘‘(b) ADDITIONAL USES.—If a State or an eligible 
Tribal College or University demonstrates to the Secretary 
that the State or eligible Tribal College or University has 
grant funds remaining after meeting the demand for ac-
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tivities described in subsection (a), the State or eligible 
Tribal College or University shall use the remaining funds 
to carry out 1 or more of the following: 
‘‘(1) Providing need-based financial aid to stu-
dents that may be used by such students to pay any 
component of cost of attendance, as defined under 
section 472. 
‘‘(2) Reducing unmet need at public 4-year in-
stitutions of higher education. 
‘‘(3) Improving student outcomes by imple-
menting evidence-based institutional reforms or 
practices, including reforms or practices that are de-
scribed in section 795D(b)(1) or that meet an evi-
dence tier defined in section 795E(2). 
‘‘(4) Expanding access to dual or concurrent 
enrollment programs or early college high school 
programs. 
‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Except as pro-
vided in section 786(b)(2)(A), funds made available under 
this subpart shall be used to supplement, and not sup-
plant, other Federal, State, tribal, and local funds that 
would otherwise be expended to carry out activities de-
scribed in this section. 
‘‘(d) CONTINUATION OF FUNDING.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State or an eligible Tribal College or 
University receiving a grant under this subpart for 
an award year may continue to receive funding 
under this subpart for subsequent award years con-
ditioned on the availability of budget authority and 
on meeting the requirements of the grant, as deter-
mined by the Secretary. 
‘‘(2) DISCONTINUATION.—The Secretary shall 
discontinue or reduce funding of the Federal share 
of a grant under this subpart if the State or an eli-
gible Tribal College or University has violated the 
terms of the grant. 
‘‘(e) RULE
OF CONSTRUCTION REGARDING BIE 
FUNDS.—Nothing in this subpart shall be construed to 
impact the availability of funds from, or uses of funds pro-
vided by, the Bureau of Indian Education for Tribal Col-
leges and Universities. 
‘‘SEC. 790. AUTOMATIC STABILIZERS FOR AMERICA’S COL-
LEGE PROMISE. 
‘‘(a) MAINTENANCE OF EFFORT RELIEF.—A State 
that meets the qualifying spending requirement may re-
quest a waiver of the requirements under section 788(c). 
Upon request by such a State, the Secretary shall waive 
the requirements of section 788(c) for the State as follows: 
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‘‘(1) TIER I.—With respect to each State eligi-
ble for relief under tier I, such requirements shall be 
waived for the fiscal year succeeding the fiscal year 
for which the determination of the State’s eligibility 
for such relief is made. 
‘‘(2) TIERS II THROUGH V.—With respect to 
each State eligible for relief under tier II, III, IV, 
or V, such requirements shall be waived, in accord-
ance with subsection (d), for— 
‘‘(A) the fiscal year for which the deter-
mination of the State’s eligibility for such relief 
is made; 
‘‘(B) the fiscal year succeeding the fiscal 
year described in subparagraph (A); or 
‘‘(C) both such fiscal years. 
‘‘(b) STATE SHARE RELIEF.— 
‘‘(1) STATE
SHARE
RELIEF.—A State that 
meets the qualifying spending requirement and is el-
igible for relief under tier II, III, IV, or V may re-
quest relief with respect to the requirements of sec-
tion 786(b)(1)(B). Upon request by such a State, 
the Secretary shall provide relief from the require-
ments of section 786(b)(1)(B), for the applicable 
award year or years, for the State as follows: 
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‘‘(A) TIER
II.—With respect to a State 
that is eligible for relief under tier II, the Sec-
retary shall— 
‘‘(i) apply section 786(a)(1)(B)(v) by 
substituting ‘85 percent’ for ‘80 percent’; 
and 
‘‘(ii) apply section 786(b)(1)(B)(v) by 
substituting ‘15 percent’ for ‘20 percent’. 
‘‘(B) TIER III.—With respect to a State 
that is eligible for relief under tier III, the Sec-
retary shall— 
‘‘(i) apply section 786(a)(1)(B)(iv) by 
substituting ‘90 percent’ for ‘85 percent’; 
‘‘(ii) apply section 786(a)(1)(B)(v) by 
substituting ‘90 percent’ for ‘80 percent’; 
‘‘(iii) apply section 786(b)(1)(B)(iv) 
by substituting ‘10 percent’ for ‘15 per-
cent’; and 
‘‘(iv) apply section 786(b)(1)(B)(v) by 
substituting ‘10 percent’ for ‘20 percent’. 
‘‘(C) TIER IV.—With respect to a State 
that is eligible for relief under tier IV, the Sec-
retary shall— 
‘‘(i) apply section 786(a)(1)(B)(iii) by 
substituting ‘95 percent’ for ‘90 percent’; 
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‘‘(ii) apply section 786(a)(1)(B)(iv) by 
substituting ‘95 percent’ for ‘85 percent’; 
‘‘(iii) apply section 786(a)(1)(B)(v) by 
substituting ‘95 percent’ for ‘80 percent’; 
‘‘(iv) apply section 786(b)(1)(B)(iii) 
by substituting ‘5 percent’ for ‘10 percent’; 
‘‘(v) apply section 786(b)(1)(B)(iv) by 
substituting ‘5 percent’ for ’15 percent’; 
and 
‘‘(vi) apply section 786(b)(1)(B)(v) by 
substituting ‘5 percent’ for ‘20 percent’. 
‘‘(D) TIER
V.—With respect to a State 
that is eligible for relief under tier V, the Sec-
retary shall— 
‘‘(i) apply section 786(a)(1)(B)(ii) by 
substituting ‘100 percent’ for ‘95 percent’; 
‘‘(ii) apply section 786(a)(1)(B)(iii) by 
substituting ‘100 percent’ for ‘90 percent’; 
‘‘(iii) apply section 786(a)(1)(B)(iv) 
by substituting ‘100 percent’ for ‘85 per-
cent’; 
‘‘(iv) apply section 786(a)(1)(B)(v) by 
substituting ‘100 percent’ for ‘80 percent’; 
‘‘(v) apply section 786(b)(1)(B)(ii) by 
substituting ‘0 percent’ for ‘5 percent’; 
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101 
‘‘(B) the State is not eligible for relief 
under any other tier. 
‘‘(2) TIER II.—A State shall be eligible for re-
lief under tier II for a fiscal or award year, as appli-
cable, for which— 
‘‘(A)(i) the State average unemployment 
rate is equal to or greater than 6.5 percent but 
less than 7.5 percent at any point in the fiscal 
or award year; or 
‘‘(ii) the national average unemployment 
rate is equal to or greater than 6.5 percent but 
less than 7.5 percent at any point in the fiscal 
or award year; and 
‘‘(B) the State is not eligible for relief 
under tier III, IV, or V. 
‘‘(3) TIER III.—A State shall be eligible for re-
lief under tier III for a fiscal or award year, as ap-
plicable, for which— 
‘‘(A)(i) the State average unemployment 
rate is equal to or greater than 7.5 percent but 
less than 8.5 percent at any point in the fiscal 
or award year; or 
‘‘(ii) the national average unemployment 
rate is equal to or greater than 7.5 percent but 
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102 
less than 8.5 percent at any point in the fiscal 
or award year; and 
‘‘(B) the State is not eligible for relief 
under tier IV or V. 
‘‘(4) TIER IV.—A State shall be eligible for re-
lief under tier IV for a fiscal or award year, as ap-
plicable, for which— 
‘‘(A)(i) the State average unemployment 
rate is equal to or greater than 8.5 percent but 
less than 9.5 percent at any point in the fiscal 
or award year; or 
‘‘(ii) the national average unemployment 
rate is equal to or greater than 8.5 percent but 
less than 9.5 percent at any point in the fiscal 
or award year; and 
‘‘(B) the State is not eligible for relief 
under tier V. 
‘‘(5) TIER V.—A State shall be eligible for relief 
under tier V for a fiscal or award year, as applica-
ble, for which— 
‘‘(A) the State average unemployment rate 
is equal to or greater than 9.5 percent at any 
point in the fiscal or award year; or 
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103 
‘‘(B) the national average unemployment 
rate is equal to or greater than 9.5 percent at 
any point in the fiscal or award year. 
‘‘(d) DISCRETION IN THE PROVISION OF RELIEF.— 
In determining the fiscal years for which to provide relief 
in accordance with subsection (a)(2), or the award years 
for which to provide relief in accordance with subsection 
(b), to a State that is eligible under tier II, III, IV, or 
V, the Secretary shall take into account the following: 
‘‘(1) In the case of a State that requests relief 
under subsection (a)(2), the fiscal years for which 
the State requests such relief, including— 
‘‘(A) if the State requests such relief for 
the fiscal year for which the determination of 
the State’s eligibility for such relief is made, the 
amount by which the State is unable to meet 
the requirements of section 788(c) for such fis-
cal year; and 
‘‘(B) if the State requests such relief for 
the fiscal year succeeding the year described in 
subparagraph (A), the amount by which the 
State anticipates being unable to meet such re-
quirements for such succeeding fiscal year. 
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104 
‘‘(2) In the case of a State that requests relief 
under subsection (b), the award years for which the 
State requests such relief, including— 
‘‘(A) if the State requests such relief for 
the award year for which the determination of 
the State’s eligibility for such relief is made, the 
extent to which the State is unable to meet the 
requirements of section 786(b)(1)(B) for such 
award year; and 
‘‘(B) if the State requests such relief for 
the award year succeeding the year described in 
subparagraph (A), the extent to which the State 
anticipates being unable to meet such require-
ments for such succeeding award year. 
‘‘(3) The actual or anticipated timing, severity, 
and duration of the unemployment rate increase 
during— 
‘‘(A) the fiscal or award year, as applica-
ble, for which the determination of the State’s 
eligibility for such relief is made; 
‘‘(B) the fiscal or award year, as applica-
ble, succeeding the fiscal or award year de-
scribed in subparagraph (A); and 
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105 
‘‘(C) the fiscal or award year, as applica-
ble, preceding the fiscal or award year described 
in subparagraph (A). 
‘‘(4) Other factors determined to be relevant by 
the Secretary. 
‘‘(e) CONTINUED
PAYMENT
TO
EMPLOYEES.—A 
State that receives relief under subsection (a) or (b) shall, 
to the greatest extent practicable, continue to pay its em-
ployees of, and contractors with, public institutions of 
higher education in the State during the period in which 
the State is receiving such relief. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ELEVATED
UNEMPLOYMENT
PERIOD.— 
The term ‘elevated unemployment period’— 
‘‘(A) when used with respect to the Nation 
as a whole, means a consecutive, 3-month pe-
riod in a fiscal year for which the national aver-
age unemployment rate is not less than 0.5 per-
centage points above the lowest national aver-
age unemployment rate for the 12-month period 
preceding such 3-month period; and 
‘‘(B) when used with respect to a State, 
means a consecutive, 3-month period in a fiscal 
year in which the State average unemployment 
rate is not less than 0.5 percentage points 
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106 
above the lowest State average unemployment 
rate for such State for the 12-month period 
preceding such 3-month period. 
‘‘(2) QUALIFYING SPENDING REQUIREMENT.— 
The term ‘qualifying spending requirement’, when 
used with respect to determining whether a State 
has met such requirement, means the State has not 
disproportionately decreased spending for any of the 
categories described in paragraphs (1) through (3) 
of section 788(c) relative to such State’s overall de-
crease in spending averaged over the 3 consecutive 
preceding fiscal years. 
‘‘(3) 
NATIONAL
AVERAGE
UNEMPLOYMENT 
RATE.—The term ‘national average unemployment 
rate’ means the average (seasonally adjusted) rate of 
total unemployment in all States for a consecutive, 
3-month period in a fiscal year, based on data from 
the Bureau of Labor Statistics of the Department of 
Labor. 
‘‘(4) STATE AVERAGE UNEMPLOYMENT RATE.— 
The term ‘State average unemployment rate’ means 
the average (seasonally adjusted) rate of total unem-
ployment in a State for a consecutive, 3-month pe-
riod in a fiscal year, based on data from the Bureau 
of Labor Statistics of the Department of Labor. 
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107 
‘‘SEC. 791. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) CAREER
PATHWAY.—The term ‘career 
pathway’ has the meaning given the term in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
‘‘(2) COMMUNITY COLLEGE.—The term ‘com-
munity college’ means— 
‘‘(A) a degree-granting public institution of 
higher education at which— 
‘‘(i) the highest degree awarded is an 
associate degree; or 
‘‘(ii) an associate degree is the pre-
dominant degree awarded; 
‘‘(B) an eligible Tribal College or Univer-
sity; 
‘‘(C) a degree-granting branch campus of a 
4-year public institution of higher education, if, 
at such branch campus— 
‘‘(i) the highest degree awarded is an 
associate degree; or 
‘‘(ii) an associate degree is the pre-
dominant degree awarded; or 
‘‘(D) at the designation of the Secretary, 
in the case of a State that does not operate or 
control any institution that meets a definition 
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108 
under subparagraph (A) or (C), a college or 
similarly defined and structured academic enti-
ty— 
‘‘(i) that was in existence on July 1, 
2021; 
‘‘(ii) within a 4-year public institution 
of higher education; and 
‘‘(iii) at which— 
‘‘(I) the highest degree awarded 
is an associate degree; or 
‘‘(II) an associate degree is the 
predominant degree awarded. 
‘‘(3) DUAL
OR
CONCURRENT
ENROLLMENT 
PROGRAM.—The term ‘dual or concurrent enrollment 
program’ has the meaning given the term in section 
8101 of the Elementary and Secondary Education 
Act of 1965. 
‘‘(4) EARLY
COLLEGE
HIGH
SCHOOL.—The 
term ‘early college high school’ has the meaning 
given the term in section 8101 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(5) ELIGIBLE STUDENT.—The term ‘eligible 
student’ means a student who— 
‘‘(A) is enrolled as an undergraduate stu-
dent in an eligible program (as defined in sec-
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109 
tion 481(b)) at a community college on not less 
than a half-time basis; 
‘‘(B) in the case of a student who is en-
rolled in a community college that charges dif-
ferent tuition rates on the basis of in-State or 
in-district residency, either— 
‘‘(i) qualifies for in-State or in-district 
resident tuition at such community college; 
or 
‘‘(ii) would qualify for such in-State 
or in-district resident tuition at such com-
munity college, but for the immigration 
status of such student; 
‘‘(C) has not been enrolled (whether full- 
time or less than full-time) for more than 6 se-
mesters (or the equivalent) for which the com-
munity college tuition and fees of the student 
were set to $0 pursuant to section 788(a); 
‘‘(D) is not enrolled in a dual or concur-
rent enrollment program or early college high 
school; and 
‘‘(E) in the case of a student who is a 
United States citizen, has filed a Free Applica-
tion for Federal Student Aid described in sec-
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tion 483 for the applicable award year for 
which the student is enrolled. 
‘‘(6) ELIGIBLE TRIBAL COLLEGE OR UNIVER-
SITY.—The term ‘eligible Tribal College or Univer-
sity’ means— 
‘‘(A) a 2-year Tribal College or University; 
or 
‘‘(B) a degree-granting Tribal College or 
University— 
‘‘(i) at which the highest degree 
awarded is an associate degree; or 
‘‘(ii) an associate degree is the pre-
dominant degree awarded. 
‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101. 
‘‘(8) MEANS-TESTED FEDERAL BENEFIT PRO-
GRAM.—The term ‘means-tested Federal benefit pro-
gram’ has the meaning given the term in section 
479. 
‘‘(9) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘recognized postsecondary creden-
tial’ has the meaning given the term in section 3 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
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‘‘(10) STATE
FISCAL
SUPPORT
FOR
HIGHER 
EDUCATION.— 
‘‘(A) INCLUSIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subparagraph (B), the term ‘State 
fiscal support for higher education’, used 
with respect to a State for a fiscal year, 
means an amount that is equal to— 
‘‘(I) the gross amount of applica-
ble State funds appropriated or dedi-
cated, and expended by the State, in-
cluding funds from lottery receipts, in 
the fiscal year, that are used to sup-
port institutions of higher education 
and student financial aid for higher 
education in the State; and 
‘‘(II) any funds described in 
clause (ii), if applicable. 
‘‘(ii) LOCAL FUNDS.—In the case of a 
State that includes, as part of the State 
share under section 786(b)(2)(B) for an 
award year, funds provided to community 
colleges by local governments in such State 
for the purpose of carrying out this sub-
part, local funds provided to community 
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colleges operated or controlled by such 
State for operating expenses (excluding 
capital expenses and research and develop-
ment costs) shall be included in the cal-
culation of the State fiscal support for 
higher education for such award year 
under clause (i). 
‘‘(B) EXCLUSIONS.—State fiscal support 
for higher education for a State for a fiscal 
year shall not include— 
‘‘(i) funds described in subparagraph 
(A) that are returned to the State; 
‘‘(ii) State-appropriated funds derived 
from Federal sources, including funds pro-
vided under section 786(a) and section 
795A(a)(2); 
‘‘(iii) funds that are included in the 
State share under section 786(b), including 
funds included in the State share in ac-
cordance with paragraph (2)(A) of such 
section; 
‘‘(iv) amounts that are portions of 
multiyear appropriations to be distributed 
over multiple years that are not to be 
spent for the year for which the calculation 
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under this paragraph is being made, sub-
ject to subparagraph (C); 
‘‘(v) tuition, fees, or other educational 
charges paid directly by a student to a 
public institution of higher education or to 
the State; 
‘‘(vi) funds for— 
‘‘(I) financial aid to students at-
tending, or operating expenses of— 
‘‘(aa) out-of-State institu-
tions of higher education; 
‘‘(bb) 
proprietary 
institu-
tions of higher education (as de-
fined in section 102(b)); 
‘‘(cc) institutions of higher 
education not accredited by an 
agency or association recognized 
by the Secretary pursuant to sec-
tion 496; 
‘‘(II) financial aid to students 
awarded predominantly on the basis 
of merit, including programs awarded 
on the basis of predicted or actual 
academic performance or assessments; 
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‘‘(III) research and development; 
or 
‘‘(IV) 
hospitals, 
athletics, 
or 
other auxiliary enterprises; 
‘‘(vii) corporate or other private dona-
tions directed to one or more institutions 
of higher education permitted to be ex-
pended by the State; or 
‘‘(viii) any other funds that the Sec-
retary determines shall not be included in 
the calculation of State fiscal support for 
higher education for such State. 
‘‘(C) ADJUSTMENTS FOR BIENNIAL APPRO-
PRIATIONS.—The Secretary shall take into con-
sideration any adjustments to the calculations 
under this paragraph that may be required to 
accurately reflect State fiscal support for higher 
education in States with biennial appropriation 
cycles. 
‘‘(11) STATE
FISCAL
SUPPORT
FOR
HIGHER 
EDUCATION
PER
FULL-TIME
EQUIVALENT
STU-
DENT.—The term ‘State fiscal support for higher 
education per full-time equivalent student’, when 
used with respect to a State for a fiscal year, means 
the amount that is equal to— 
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‘‘(A) the State fiscal support for higher 
education for the previous fiscal year; divided 
by 
‘‘(B) the number of full-time equivalent 
students enrolled in public institutions of higher 
education in such State for such previous fiscal 
year. 
‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given such term in section 316(b)(3). 
‘‘SEC. 792. SUNSET. 
‘‘(a) IN GENERAL.—The authority to make grants 
under this subpart shall expire at the end of award year 
2027–2028. 
‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EX-
TENSION OF PROGRAMS.—Section 422 of the General 
Education Provisions Act (20 U.S.C. 1226a) shall not 
apply to this subpart. 
‘‘SEC. 793. APPROPRIATION. 
‘‘In addition to amounts otherwise available, there is 
appropriated for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, such sums as 
may be necessary, to remain available until September 30, 
2030, for carrying out this subpart.’’. 
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SEC. 20022. RETENTION AND COMPLETION GRANTS. 
Part F of title VII of the Higher Education Act of 
1965 (20 U.S.C. 1133 et seq.), as added by section 20021, 
is further amended by adding at the end the following: 
‘‘Subpart 2—Retention and Completion Grants 
‘‘SEC. 795. RETENTION AND COMPLETION GRANTS. 
‘‘Beginning with award year 2023–2024, from 
amounts appropriated to carry out this subpart for any 
fiscal year, the Secretary shall carry out a grant program 
to make grants (which shall be known as ‘retention and 
completion grants’) to eligible States and Tribal Colleges 
and Universities to enable the eligible States and Tribal 
Colleges and Universities to carry out the activities de-
scribed in section 795D. 
‘‘SEC. 795A. GRANT AMOUNTS. 
‘‘(a) RESERVATION.—From the amounts appro-
priated to carry out this subpart, the Secretary shall— 
‘‘(1) reserve an amount equal to 3 percent of 
such amounts to allocate grants to Tribal Colleges 
and Universities, which shall be distributed accord-
ing to the formula in section 316(d)(3)(B), to carry 
out the activities described in section 795D(b)(1) 
and implement reforms or practices that meet an 
evidence tier defined in section 795E(2); and 
‘‘(2) use the amount remaining after the alloca-
tion under paragraph (1) to award competitive 
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grants to eligible States that have submitted applica-
tions under section 795B. 
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Grant funds 
awarded under this subpart shall be used to supplement, 
and not supplant, other Federal, State, tribal, and local 
funds that would otherwise be expended to carry out ac-
tivities assisted under this subpart. 
‘‘(c) GRANT PERIOD.—Subject to the requirements 
under section 795C, a grant under this subpart shall be 
for a period of not more than 7 years. 
‘‘SEC. 795B. APPLICATIONS. 
‘‘(a) IN GENERAL.—As a condition of receiving a 
grant under this subpart, an eligible State shall submit 
an application to the Secretary that includes— 
‘‘(1) a description of— 
‘‘(A) how the eligible State will use the 
funds to implement evidence-based institutional 
reforms or practices at institutions of higher 
education in such State to improve student out-
comes and meet the requirements of section 
795D(b)(2), including— 
‘‘(i) how such eligible State will use 
grant funds to implement 1 or more re-
forms or practices described in section 
795D(b)(1) at such institutions; 
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‘‘(ii) the extent to which each reform 
or practice to be implemented meets an 
evidence tier defined in section 795E(2); 
and 
‘‘(iii) annual implementation bench-
marks that the eligible State will use to 
track progress in implementing such re-
forms or practices; 
‘‘(B) how such eligible State will increase 
support for the public institutions of higher 
education identified in accordance with para-
graph (2)(B); and 
‘‘(C) the improvements the eligible State 
anticipates in student outcomes, including im-
provements in retention, completion, or transfer 
rates or labor market outcomes, or a combina-
tion of such student outcomes, disaggregated by 
student demographics including, at a minimum, 
race, ethnicity, income, disability status, reme-
diation, and status as a first generation college 
student; 
‘‘(2)(A) with respect to each State public insti-
tution of higher education— 
‘‘(i) the total per-student funding; 
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‘‘(ii) the amount of per-student funding 
that is from State-appropriated funds; and 
‘‘(iii) the share of students at the institu-
tion who are students of color, low-income stu-
dents, students with disabilities, students in 
need of remediation, or first generation college 
students; and 
‘‘(B) an identification of public institutions 
of higher education in the eligible State that re-
ceived less funding on a per-student basis as 
described in clause (i) or (ii), or both, of sub-
paragraph (A), and are serving disproportion-
ately high shares of students of color, low-in-
come students, students with disabilities, stu-
dents in need of remediation, or first generation 
college students; 
‘‘(3) a description of the steps the eligible State 
will take to ensure the sustainability of the institu-
tional reforms or practices identified in paragraph 
(1)(A); and 
‘‘(4) a description of how the eligible State will 
evaluate the effectiveness of activities funded under 
this subpart, including how such eligible State will 
assess impacts on student outcomes, including reten-
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tion, transfer, and completion rates and labor mar-
ket outcomes. 
‘‘(b) PRIORITIES.—In awarding funds under this sub-
part, the Secretary shall give priority to eligible States 
that do one or more of the following: 
‘‘(1) Propose to use a significant share of grant 
funds for reforms or practices that meet an evidence 
tier defined in section 795E(2). 
‘‘(2) Propose to use a significant share of grant 
funds to improve retention, transfer, and completion 
rates and labor market outcomes among students of 
color, low-income students, students with disabilities, 
students in need of remediation, first generation col-
lege students, and other underserved student popu-
lations in such State. 
‘‘(3) Propose to use a significant share of grant 
funds to improve retention, transfer, and completion 
rates and labor market outcomes among students at-
tending 
institutions 
identified 
in 
subsection 
(a)(2)(B). 
‘‘(4) Demonstrate a commitment to supporting 
activities funded under this subpart with non-Fed-
eral funds. 
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‘‘SEC. 795C. PROGRAM REQUIREMENTS. 
‘‘(a) IN GENERAL.—As a condition of continuing to 
receive funds under this subpart, for each year in which 
an eligible State participates in the program under this 
subpart, the eligible State shall submit to the Secretary 
the eligible State’s progress— 
‘‘(1) in meeting the annual implementation 
benchmarks included in the application of such eligi-
ble State under section 795B(a)(1)(A)(iii); 
‘‘(2) in increasing funding for the public insti-
tutions of higher education identified in accordance 
with section 795B(a)(2)(B), as included in the appli-
cation 
of 
such 
eligible 
State 
under 
section 
795B(a)(1)(B); and 
‘‘(3) in improving the student outcomes identi-
fied by the State under section 795B(a)(1)(C). 
‘‘(b) ELIGIBILITY
FOR BENEFITS.—No individual 
shall be determined to be ineligible to receive benefits pro-
vided under this subpart (including services and other aid 
provided under this subpart) on the basis of citizenship, 
alienage, or immigration status. 
‘‘SEC. 795D. USES OF FUNDS. 
‘‘(a) GENERAL REQUIREMENT FOR STATES.—Except 
as provided in subsection (c), an eligible State shall use 
a grant under this subpart only to carry out activities de-
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scribed in the application for such year under section 
795B(a)(1). 
‘‘(b) EVIDENCE-BASED INSTITUTIONAL REFORMS OR 
PRACTICES.— 
‘‘(1) IN GENERAL.—An eligible State or Tribal 
College or University receiving a grant under this 
subpart shall, directly or in collaboration with insti-
tutions of higher education and other non-profit or-
ganizations, use the grant funds to implement one or 
more of the following evidence-based institutional re-
forms or practices: 
‘‘(A) Providing comprehensive academic, 
career, and student support services, including 
mentoring, advising, case management services, 
or career pathway navigation. 
‘‘(B) Providing assistance in applying for 
and accessing direct support services, means- 
tested Federal benefit programs, or similar 
State, tribal, or local benefit programs. 
‘‘(C) Providing emergency financial aid 
grants to students for unexpected expenses and 
to meet basic needs. 
‘‘(D) Providing accelerated learning oppor-
tunities, including dual or concurrent enroll-
ment programs and early college high school 
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programs, and pathways to graduate and pro-
fessional degree programs, and reforming 
course scheduling and credit awarding policies. 
‘‘(E) Reforming remedial and develop-
mental education. 
‘‘(F) Utilizing career pathways, including 
through building capacity for career and tech-
nical education as defined in section 3 of the 
Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302), programs 
of study as defined in such section, or degree 
pathways. 
‘‘(G) Improving transfer pathways between 
community colleges and four-year institutions of 
higher education in the eligible State, or, in the 
case of a Tribal College or University, between 
the Tribal College or University and other insti-
tutions of higher education. 
‘‘(2) STATE ALLOCATION MINIMUMS WITH RE-
SPECT TO EVIDENCE TIERS.—An eligible State re-
ceiving a grant under this subpart shall use not less 
than 30 percent of the grant funds for evidence- 
based reforms or practices that meet an evidence 
tier defined in section 795E(2), of which at least 
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two-thirds shall be used for evidence-based reforms 
or practices that meet evidence tier 1. 
‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR-
POSES.—An eligible State or Tribal College or University 
that receives a grant under this subpart may use— 
‘‘(1) not more than 3 percent of such grant for 
administrative purposes relating to the grant under 
this subpart; and 
‘‘(2) not more than 3 percent of such grant to 
evaluate the effectiveness of activities carried out 
under this subpart. 
‘‘SEC. 795E. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ELIGIBLE
STATE.—The term ‘eligible 
State’ means a State that is a recipient of a grant 
under subpart 1. 
‘‘(2) EVIDENCE TIERS.— 
‘‘(A) EVIDENCE TIER 1.—The term ‘evi-
dence tier 1’, when used with respect to a re-
form or practice, means a reform or practice 
that meets the criteria for receiving an expan-
sion grant from the education innovation and 
research program under section 4611 of the El-
ementary and Secondary Education Act of 1965 
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(20 U.S.C. 7261), as determined by the Sec-
retary in accordance with such section. 
‘‘(B) EVIDENCE TIER 2.—The term ‘evi-
dence tier 2’, when used with respect to a re-
form or practice, means a reform that meets 
the criteria for receiving a mid-phase grant 
from the education innovation and research pro-
gram under section 4611 of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 7261), as determined by the Secretary 
in accordance with such section. 
‘‘(3) FIRST GENERATION COLLEGE STUDENT.— 
The term ‘first generation college student’ has the 
meaning given the term in section 402A(h). 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101. 
‘‘(5) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given the term in section 316(b)(3). 
‘‘SEC. 795F. SUNSET. 
‘‘(a) IN GENERAL.—The authority to make grants 
under this subpart shall expire at the end of award year 
2029–2030. 
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‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EX-
TENSION OF PROGRAMS.—Section 422 of the General 
Education Provisions Act (20 U.S.C. 1226a) shall not 
apply to this subpart. 
‘‘SEC. 795G. APPROPRIATION. 
‘‘In addition to amounts otherwise available, there is 
appropriated for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $9,000,000,000, 
to remain available until September 30, 2030, for carrying 
out this subpart.’’. 
SEC. 20023. TUITION ASSISTANCE FOR STUDENTS AT HIS-
TORICALLY BLACK COLLEGES AND UNIVER-
SITIES, 
TRIBAL 
COLLEGES 
AND 
UNIVER-
SITIES, 
AND 
MINORITY-SERVING 
INSTITU-
TIONS. 
Part F of title VII of the Higher Education Act of 
1965 (20 U.S.C. 1133 et seq.), as added and amended 
by this Act, is further amended by adding at the end the 
following: 
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‘‘Subpart 3—Tuition Assistance for Students at His-
torically Black Colleges and Universities, Tribal 
Colleges and Universities, and Minority-serving 
Institutions 
‘‘SEC. 796. TUITION ASSISTANCE FOR HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES. 
‘‘Beginning with award year 2023–2024, from 
amounts appropriated to carry out this subpart for any 
fiscal year, the Secretary shall award grants to partici-
pating historically Black colleges and universities that are 
eligible institutions. 
‘‘SEC. 796A. TUITION ASSISTANCE FOR TRIBAL COLLEGES 
AND UNIVERSITIES. 
‘‘Beginning with award year 2023–2024, from 
amounts appropriated to carry out this subpart for any 
fiscal year, the Secretary shall award grants to partici-
pating Tribal Colleges and Universities that are eligible 
institutions. 
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‘‘SEC. 796B. TUITION ASSISTANCE FOR ALASKA NATIVE- 
SERVING INSTITUTIONS, ASIAN AMERICAN 
AND NATIVE AMERICAN PACIFIC ISLANDER- 
SERVING INSTITUTIONS, HISPANIC-SERVING 
INSTITUTIONS, NATIVE AMERICAN-SERVING 
NONTRIBAL INSTITUTIONS, NATIVE HAWAI-
IAN-SERVING INSTITUTIONS, AND PREDOMI-
NANTLY BLACK INSTITUTIONS. 
‘‘(a) IN GENERAL.—Beginning with award year 
2023–2024, from amounts appropriated to carry out this 
subpart for any fiscal year, the Secretary shall award 
grants to participating Alaska Native-serving institutions, 
Asian American and Native American Pacific Islander- 
serving institutions, Hispanic-serving institutions, Native 
American-serving nontribal institutions, Native Hawaiian- 
serving institutions, and Predominantly Black institutions 
that are eligible institutions. 
‘‘(b) STATUS OF INSTITUTION.—An institution’s sta-
tus as an eligible institution described in subsection (a) 
shall— 
‘‘(1) be based on the most recent data available; 
and 
‘‘(2) be reviewed annually to ensure that the in-
stitution continues to meet the requirements for sta-
tus as an institution described in subsection (a). 
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‘‘SEC. 796C. GRANT TERMS. 
‘‘(a) GRANT AMOUNT.— 
‘‘(1) IN GENERAL.—For each year for which an 
eligible institution participates in the grant program 
under this subpart, such eligible institution shall re-
ceive a grant in an amount equal to the product 
of— 
‘‘(A) the number of eligible students en-
rolled at the institution for such year; and 
‘‘(B)(i) for the 2023–2024 award year, the 
median resident community college tuition and 
fees per student in all States, not weighted for 
enrollment, for the most recent award year for 
which data are available; and 
‘‘(ii) for the 2024–2025 award year and 
each subsequent award year, the amount deter-
mined under this subparagraph for the pre-
ceding award year, increased by the lesser of— 
‘‘(I) a percentage equal to the esti-
mated percentage increase in the Con-
sumer Price Index (as determined by the 
Secretary) since the date of such deter-
mination; or 
‘‘(II) 3 percent. 
‘‘(2) FIRST-YEAR
TUITION
AND
FEES.—As a 
condition of receiving a grant under this subpart, an 
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eligible institution shall not increase tuition and fees 
during the first year of participation in the grant 
program under this subpart at a rate greater than 
the average annual increase at the eligible institution 
in the previous 5 years. 
‘‘(3) STUDENTS ENROLLED LESS THAN FULL- 
TIME.—The Secretary shall develop and implement a 
formula for making adjustments to grant amounts 
under this subpart based on the number of eligible 
students at each eligible institution enrolled less 
than full-time and the associated tuition and fees 
charged to such students in proportion to the degree 
to which each such student is not attending on a 
full-time basis. 
‘‘(4) DATA ADJUSTMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish a process through which each eligible 
institution that participates in the program 
under this section— 
‘‘(i) provides the necessary eligible 
student enrollment data at the start of the 
award year; and 
‘‘(ii) initially receives grant funds, as 
calculated under this subsection, based on 
such data. 
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‘‘(B) ADJUSTMENT OF GRANT AMOUNT.— 
For each year for which an eligible institution 
receives a grant under this subpart, the Sec-
retary shall, once final enrollment data for such 
year are available— 
‘‘(i) in consultation with the eligible 
institution concerned, determine the actual 
number of eligible students for the year 
covered by the grant; and 
‘‘(ii) adjust the grant amount received 
by the eligible institution to reflect the ac-
tual number of eligible students, which 
may include applying the relevant adjust-
ment to such grant amount in the subse-
quent award year. 
‘‘(b) DUPLICATE GRANTS PROHIBITED.—An institu-
tion shall not receive more than one grant at a time under 
this subpart. 
‘‘(c) APPLICATION.—An eligible institution that de-
sires a grant under this subpart shall submit an applica-
tion to the Secretary that includes— 
‘‘(1) an assurance that the institution commits 
to maintaining, expanding, or adopting and imple-
menting evidence-based institutional reforms or 
practices to improve student outcomes, which shall 
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include one or more of the practices described in sec-
tion 795D(b)(1); and 
‘‘(2) in the case of an eligible institution that 
enrolls students who transfer from another institu-
tion, an assurance that the institution— 
‘‘(A) commits to increasing the transfer-
ability of individual courses within certificate or 
associate programs offered by community col-
leges in the State to related baccalaureate pro-
grams offered by such institution to maximize 
the transferability of credits for students who 
transfer before completing an associate degree; 
‘‘(B) will ensure that students attending 
community colleges in the State have access to 
comprehensive counseling and other easily ac-
cessible tools regarding the process for transfer-
ring to such institution; and 
‘‘(C) has a formal, statewide articulation 
agreement with community colleges in the State 
in which such institution operates that, at a 
minimum, 
ensures 
that 
associate 
degrees 
awarded by community colleges in the State are 
fully transferable to, and credited as, the first 
2 years of related baccalaureate programs at 
such institution. 
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‘‘(d) USE OF FUNDS.— 
‘‘(1) REQUIRED
USE.—Funds awarded under 
this subpart to a participating eligible institution 
shall be used to reduce tuition and fees for eligible 
students by an amount that is not less than the min-
imum per-student amount described in paragraph 
(2), unless the actual cost of tuition and fees at such 
institution is not more than such per-student 
amount, in which case such institution shall use 
such funds to waive all such tuition and fees charged 
to such students and use any remaining funds in ac-
cordance with paragraph (3). 
‘‘(2) MINIMUM
PER-STUDENT
AMOUNT.—The 
minimum per-student amount described in this para-
graph shall be equal to— 
‘‘(A) for the 2023–2024 award year, the 
median resident community college tuition and 
fees per student in all States, not weighted for 
enrollment, for the most recent award year for 
which data are available; and 
‘‘(B) for the 2024–2025 award year and 
each subsequent award year, the amount deter-
mined under this paragraph for the preceding 
award year, increased by the lesser of— 
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‘‘(i) a percentage equal to the esti-
mated percentage increase in the Con-
sumer Price Index (as determined by the 
Secretary) since the date of such deter-
mination; or 
‘‘(ii) 3 percent. 
‘‘(3) ADDITIONAL USES.—A participating eligi-
ble institution shall use any grant funds remaining 
after meeting the requirements of paragraph (1) to 
provide financial aid to eligible students that may be 
used by such students to pay for any component of 
cost of attendance other than tuition and fees, which 
may include emergency financial aid grants. 
‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available to carry out this subpart shall be used to supple-
ment, and not supplant, other Federal, State, tribal, and 
local funds that would otherwise be expended to carry out 
activities under this subpart. 
‘‘(f) SIXTY CREDITS.—Funds under this subpart may 
only be used to waive or reduce tuition and fees for the 
first 60 credits for which an eligible student is enrolled 
in the participating eligible institution except that, when 
calculating the number of credits in which the student has 
been enrolled for the purpose of carrying out this sub-
part— 
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‘‘(1) no student shall be considered to have 
been enrolled for more than 12 credits per semester 
(or the equivalent) during the period for which the 
student is receiving benefits under this subpart; and 
‘‘(2) the participating eligible institution may 
exclude any credits that a student enrolled in and 
did not complete at such institution if the institution 
determines that such exclusion would be in the best 
interest of the student, except that an institution 
may exclude no more than 15 credits under this 
paragraph for each individual student. 
‘‘(g) ELIGIBILITY
FOR BENEFITS.—No individual 
shall be determined to be ineligible to receive benefits pro-
vided under this subpart (including reduction of tuition 
and fees and other aid provided under this subpart) on 
the basis of citizenship, alienage, or immigration status. 
‘‘SEC. 796D. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ALASKA NATIVE-SERVING INSTITUTION.— 
The term ‘Alaska Native-serving institution’ has the 
meaning given such term in section 317(b). 
‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN 
PACIFIC
ISLANDER-SERVING
INSTITUTION.—The 
term ‘Asian American and Native American Pacific 
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Islander-serving institution’ has the meaning given 
such term in section 371(c). 
‘‘(3) COST OF ATTENDANCE.—The term ‘cost of 
attendance’ has the meaning given such term in sec-
tion 472. 
‘‘(4) ELIGIBLE INSTITUTION.— 
‘‘(A) IN GENERAL.—The term ‘eligible in-
stitution’ means a public or nonprofit 4-year in-
stitution of higher education that has an under-
graduate student body of which not less than 
35 percent are low-income students. 
‘‘(B) CONTINUING ELIGIBILITY.—The Sec-
retary’s determination of whether an institution 
meets the requirement under subparagraph (A) 
shall be based on the most recent data avail-
able, and shall be reviewed annually to ensure 
that the institution continues to meet the re-
quirements for participation. 
‘‘(5) ELIGIBLE STUDENT.— 
‘‘(A) IN GENERAL.—The term ‘eligible stu-
dent’ means a student, regardless of age, who— 
‘‘(i) is enrolled as an undergraduate 
student in an eligible program (as defined 
in section 481(b)) at a participating eligi-
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ble institution, on at least a half-time 
basis; 
‘‘(ii) is a low-income student; 
‘‘(iii) has been enrolled at such par-
ticipating eligible institution under this 
subpart for not more than 60 credits, sub-
ject to section 796C(f); 
‘‘(iv) has not been enrolled (whether 
full-time or less than full-time) for more 
than 6 semesters (or the equivalent) for 
which the student received a benefit under 
this subpart; 
‘‘(v) is not enrolled in a dual or con-
current enrollment program or early col-
lege high school; 
‘‘(vi) has not completed an under-
graduate baccalaureate course of study; 
and 
‘‘(vii) in the case of a student who is 
a United States citizen, has filed a Free 
Application for Federal Student Aid de-
scribed in section 483 for the applicable 
award year for which the student is en-
rolled. 
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‘‘(B) CONTINUED
ELIGIBILITY.—In the 
case of an eligible student who receives assist-
ance under this subpart and attends an institu-
tion that loses status as an eligible institution 
or as an institution described in section 
796B(a), the student may continue to receive 
such assistance for the period for which the stu-
dent would have been eligible if the institution 
at which they are enrolled had retained such 
status. 
‘‘(6) 
HISPANIC-SERVING
INSTITUTION.—The 
term ‘Hispanic-serving institution’ has the meaning 
given such term in section 502. 
‘‘(7) HISTORICALLY BLACK COLLEGE OR UNI-
VERSITY.—The term ‘historically Black college or 
university’ means a part B institution as defined in 
section 322. 
‘‘(8) LOW-INCOME STUDENT.—The term ‘low- 
income student’ means a student who meets the fi-
nancial eligibility criteria for receiving a Federal Pell 
Grant under section 401, regardless of whether such 
student is otherwise eligible to receive such Federal 
Pell Grant. 
‘‘(9) NATIVE
AMERICAN-SERVING
NONTRIBAL 
INSTITUTION.—The term ‘Native American-serving 
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nontribal institution’ has the meaning given such 
term in section 319. 
‘‘(10) NATIVE
HAWAIIAN-SERVING
INSTITU-
TION.—The term ‘Native Hawaiian-serving institu-
tion’ has the meaning given such term in section 
317(b). 
‘‘(11) PREDOMINANTLY BLACK INSTITUTION.— 
The term ‘Predominantly Black institution’ has the 
meaning given such term in section 371(c). 
‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given such term in section 316(b)(3). 
‘‘SEC. 796E. SUNSET. 
‘‘(a) IN GENERAL.—The authority to make grants 
under this subpart shall expire at the end of award year 
2029–2030. 
‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EX-
TENSION OF PROGRAMS.—Section 422 of the General 
Education Provisions Act (20 U.S.C. 1226a) shall not 
apply to this subpart. 
‘‘SEC. 796F. APPROPRIATION. 
‘‘In addition to amounts otherwise available, there is 
appropriated for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, such sums as 
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may be necessary, to remain available until September 30, 
2030, for carrying out this subpart.’’. 
SEC. 20024. NORTHERN MARIANA ISLANDS, AMERICAN 
SAMOA, UNITED STATES VIRGIN ISLANDS, 
AND GUAM COLLEGE ACCESS. 
Part F of title VII of the Higher Education Act of 
1965 (20 U.S.C. 1133 et seq.), as added and amended 
by this Act, is further amended by adding at the end the 
following: 
‘‘SEC. 
798. 
NORTHERN 
MARIANA 
ISLANDS, 
AMERICAN 
SAMOA, UNITED STATES VIRGIN ISLANDS, 
AND GUAM COLLEGE ACCESS GRANTS. 
‘‘(a) GRANTS.— 
‘‘(1) GRANT AMOUNTS.— 
‘‘(A) IN GENERAL.—Beginning with award 
year 2023–2024, from amounts appropriated to 
carry out this section, the Secretary shall pro-
vide such sums as may be necessary to the Gov-
ernors of each outlying area for such Governors 
to award grants to eligible institutions that en-
roll eligible students to pay the difference be-
tween the tuition and fees charged for in-State 
students and the tuition and fees charged for 
out-of-State students on behalf of each eligible 
student enrolled in the eligible institution. 
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‘‘(B) MAXIMUM STUDENT AMOUNTS.—The 
amount paid on behalf of an eligible student 
under this section shall be— 
‘‘(i) not more than $15,000 for any 
one award year (as defined in section 481); 
and 
‘‘(ii) not more than $75,000 in the 
aggregate. 
‘‘(C) PRORATION.—The Governor shall 
prorate payments under this section with re-
spect to eligible students who attend an eligible 
institution on less than a full-time basis. 
‘‘(2) APPLICATION.—Each eligible student de-
siring a payment under this section shall submit an 
application to the eligible institution at which such 
student is enrolled or plans to enroll. 
‘‘(3) ELIGIBILITY
FOR
BENEFITS.—No indi-
vidual shall be determined to be ineligible to receive 
benefits provided under this subpart (including tui-
tion payments and other aid provided under this 
subpart) on the basis of citizenship, alienage, or im-
migration status. 
‘‘(b) ADMINISTRATION OF PROGRAM.— 
‘‘(1) IN GENERAL.—Each Governor shall carry 
out the program under this section in consultation 
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with the Secretary. Each Governor may enter into a 
grant, contract, or cooperative agreement with an-
other public or private entity to administer the pro-
gram under this section. 
‘‘(2) MEMORANDUM
OF
AGREEMENT.—Each 
Governor and the Secretary shall enter into a memo-
randum of agreement that describes— 
‘‘(A) the manner in which the Governor 
will consult with the Secretary with respect to 
administering the program under this section; 
and 
‘‘(B) any technical or other assistance to 
be provided to the Governor by the Secretary 
for purposes of administering the program 
under this section (which may include access to 
the information in the Free Application for 
Federal Student Aid described in section 483). 
‘‘(3) CONSTRUCTION.—Nothing in this section 
shall be construed to require an institution of higher 
education to alter the institution’s admissions poli-
cies or standards in any manner to enable an eligible 
student to enroll in the institution. 
‘‘(4) GRANT
AUTHORITY.—The authority to 
make grants under this section shall expire at the 
end of award year 2029–2030. 
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‘‘(c) INAPPLICABILITY OF GEPA CONTINGENT EX-
TENSION OF PROGRAMS.—Section 422 of the General 
Education Provisions Act (20 U.S.C. 1226a) shall not 
apply to this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi-
ble institution’ means an institution that— 
‘‘(A) is a public four-year institution of 
higher education located in one of the several 
States of the United States, the District of Co-
lumbia, Puerto Rico, or an outlying area; 
‘‘(B) is eligible to participate in the stu-
dent financial assistance programs under title 
IV; and 
‘‘(C) enters into an agreement with the 
Governor of an outlying area, or with two or 
more of such Governors (except that such insti-
tution may not enter into an agreement with 
the Governor of the outlying area in which such 
institution is located), containing such condi-
tions as each Governor may specify, including a 
requirement that the institution use the funds 
made available under this section to supplement 
and not supplant assistance that otherwise 
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would be provided to eligible students from out-
lying areas. 
‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 
student’ means an individual who— 
‘‘(A) was domiciled in an outlying area for 
not less than 12 consecutive months preceding 
the commencement of the freshman year at an 
institution of higher education; 
‘‘(B) has not completed an undergraduate 
baccalaureate course of study; 
‘‘(C) begins the individual’s course of study 
at an eligible institution within 3 calendar years 
(excluding any period of service on active duty 
in the Armed Forces or service under the Peace 
Corps Act (22 U.S.C. 2501 et seq.) or subtitle 
D of title I of the National and Community 
Service Act of 1990 (42 U.S.C. 12571 et seq.)) 
of— 
‘‘(i) 
graduation 
from 
secondary 
school, or obtaining the recognized equiva-
lent of a secondary school diploma; or 
‘‘(ii) transfer from an institution of 
higher education located in an outlying 
area (including transfer following the com-
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pletion of an associate degree or certificate 
at such institution); and 
‘‘(D) is enrolled or accepted for enrollment, 
on at least a half-time basis, in a baccalaureate 
degree or other program (including a program 
of study abroad approved for credit by the insti-
tution at which such student is enrolled) lead-
ing to a recognized educational credential at an 
eligible institution. 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101. 
‘‘(4) GOVERNOR.—The term ‘Governor’ means 
the Governor of an outlying area. 
‘‘(5) OUTLYING
AREA.—The term ‘outlying 
area’ means the Northern Mariana Islands, Amer-
ican Samoa, the United States Virgin Islands, and 
Guam. 
‘‘(e) APPROPRIATIONS.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 2022, 
out of any money in the Treasury not otherwise appro-
priated, such sums as may be necessary, to remain avail-
able until September 30, 2030, for carrying out this sec-
tion.’’. 
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Subpart B—Pell Grants and Student Loans 
SEC. 20031. INCREASING THE MAXIMUM FEDERAL PELL 
GRANT. 
(a) AWARD YEAR 2022–2023.—Section 401(b)(7) of 
the Higher Education Act of 1965 (20 U.S.C. 
1070a(b)(7)) is amended— 
(1) in subparagraph (A)(iii), by inserting ‘‘and 
such sums as may be necessary for fiscal year 2022 
to carry out the $500 increase provided under sub-
paragraph (C)(iii)’’ before ‘‘; and’’; and 
(2) in subparagraph (C)(iii), by inserting before 
the period at the end the following: ‘‘, except that, 
for award year 2022–2023, such amount shall be in-
creased by $500’’. 
(b) SUBSEQUENT AWARD YEARS THROUGH 2029– 
2030.— 
(1) IN GENERAL.—Section 401(b) of the High-
er Education Act of 1965 (20 U.S.C. 1070a(b)), as 
amended by section 703 of the FAFSA Simplifica-
tion Act (title VII of division FF of Public Law 
116–260), is amended— 
(A) in paragraph (5)(A)— 
(i) in clause (i), by striking ‘‘and’’ 
after the semicolon; 
(ii) by redesignating clause (ii) as 
clause (iii); and 
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(iii) by inserting after clause (i) the 
following: 
‘‘(ii) for each of award years 2023– 
2024 through 2029–2030, an additional 
$500; and’’; and 
(B) in paragraph (6)(A)— 
(i) in clause (i)— 
(I) by striking ‘‘appropriated) 
such’’ and inserting the following: 
‘‘appropriated)— 
‘‘(I) such’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(II) such sums as are necessary 
to carry out paragraph (5)(A)(ii) for 
each of fiscal years 2023 through 
2029; and’’; and 
(ii) 
in 
clause 
(ii), 
by 
striking 
‘‘(5)(A)(ii)’’ and inserting ‘‘(5)(A)(iii)’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect as if included in 
section 703 of the FAFSA Simplification Act (title 
VII of division FF of Public Law 116–260) and in 
accordance with section 701(b) of such Act. 
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148 
SEC. 20032. FEDERAL STUDENT AID ELIGIBILITY. 
Section 484(a)(5) of the Higher Education Act of 
1965 (20 U.S.C. 1091(a)(5)) is amended by inserting ‘‘, 
or, with respect to any grant, loan, or work assistance re-
ceived under this title for award years 2022–2023 through 
2029–2030, be subject to a grant of deferred enforced de-
parture or have deferred action pursuant to the Deferred 
Action for Childhood Arrivals policy of the Secretary of 
Homeland Security or temporary protected status under 
section 244 of the Immigration and Nationality Act (8 
U.S.C. 1254a)’’ after ‘‘becoming a citizen or permanent 
resident’’. 
SEC. 20033. ACTIVE DUTY DEFERMENT PERIODS COUNTED 
TOWARD PUBLIC SERVICE LOAN FORGIVE-
NESS. 
Section 455(m) of the Higher Education Act of 1965 
(20 U.S.C. 1087e(m)) is amended— 
(1) by redesignating paragraphs (2) through 
(4) as paragraphs (3) through (5), respectively; and 
(2) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraph (3)’’; and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ACTIVE DUTY DEFERMENT PERIODS.— 
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‘‘(A) IN GENERAL.—Notwithstanding para-
graph(1)(A) and subject to subparagraph (B), 
the Secretary shall deem each month for which 
a loan payment was in deferment under sub-
section (f)(2) of this section or for which a loan 
payment was in forbearance under section 
685.205(a)(7) of title 34, Code of Federal Reg-
ulations, (or similar successor regulations), for 
a borrower described in subsection (f)(2)(C) as 
if the borrower of the loan had made a payment 
for the purpose of public service loan forgive-
ness under this subsection. 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall apply only to eligible Federal Direct Loans 
originated before the first day of fiscal year 
2031.’’. 
Subpart C—Investments in Historically Black Col-
leges and Universities, Tribal Colleges and Uni-
versities, and Minority-Serving Institutions 
SEC. 20041. INSTITUTIONAL AID. 
(a) IN GENERAL.—In addition to amounts otherwise 
available, there is appropriated for fiscal year 2022, out 
of any money in the Treasury not otherwise appro-
priated— 
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(1) $113,738,000, to remain available until 
September 30, 2022, for carrying out section 
371(b)(2)(B) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2022; 
(2) $113,738,000, to remain available until 
September 30, 2023, for carrying out section 
371(b)(2)(B) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2023; 
(3) $113,738,000, to remain available until 
September 30, 2024, for carrying out section 
371(b)(2)(B) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2024; 
(4) $113,738,000, to remain available until 
September 30, 2025, for carrying out section 
371(b)(2)(B) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2025; 
(5) $113,738,000, to remain available until 
September 30, 2026, for carrying out section 
371(b)(2)(B) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2026; 
(6) $113,738,000, to remain available until 
September 30, 2022, for carrying out section 
371(b)(2)(C) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2022; 
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(7) $113,738,000, to remain available until 
September 30, 2023, for carrying out section 
371(b)(2)(C) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2023; 
(8) $113,738,000, to remain available until 
September 30, 2024, for carrying out section 
371(b)(2)(C) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2024; 
(9) $113,738,000, to remain available until 
September 30, 2025, for carrying out section 
371(b)(2)(C) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2025; 
(10) $113,738,000, to remain available until 
September 30, 2026, for carrying out section 
371(b)(2)(C) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2026; 
(11) $34,104,000, to remain available until 
September 30, 2022, for carrying out section 
371(b)(2)(D)(i) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year 
2022; 
(12) $34,104,000, to remain available until 
September 30, 2023, for carrying out section 
371(b)(2)(D)(i) of the Higher Education Act of 
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152 
1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year 
2023; 
(13) $34,104,000, to remain available until 
September 30, 2024, for carrying out section 
371(b)(2)(D)(i) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year 
2024; 
(14) $34,104,000, to remain available until 
September 30, 2025, for carrying out section 
371(b)(2)(D)(i) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year 
2025; 
(15) $34,104,000, to remain available until 
September 30, 2026, for carrying out section 
371(b)(2)(D)(i) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year 
2026; 
(16) $17,052,000, to remain available until 
September 30, 2022, for carrying out section 
371(b)(2)(D)(ii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year 
2022; 
(17) $17,052,000, to remain available until 
September 30, 2023, for carrying out section 
371(b)(2)(D)(ii) of the Higher Education Act of 
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153 
1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year 
2023; 
(18) $17,052,000, to remain available until 
September 30, 2024, for carrying out section 
371(b)(2)(D)(ii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year 
2024; 
(19) $17,052,000, to remain available until 
September 30, 2025, for carrying out section 
371(b)(2)(D)(ii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year 
2025; 
(20) $17,052,000, to remain available until 
September 30, 2026, for carrying out section 
371(b)(2)(D)(ii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year 
2026; 
(21) $5,684,000, to remain available until Sep-
tember 
30, 
2022, 
for 
carrying 
out 
section 
371(b)(2)(D)(iii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year 
2022; 
(22) $5,684,000, to remain available until Sep-
tember 
30, 
2023, 
for 
carrying 
out 
section 
371(b)(2)(D)(iii) of the Higher Education Act of 
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154 
1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year 
2023; 
(23) $5,684,000, to remain available until Sep-
tember 
30, 
2024, 
for 
carrying 
out 
section 
371(b)(2)(D)(iii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year 
2024; 
(24) $5,684,000, to remain available until Sep-
tember 
30, 
2025, 
for 
carrying 
out 
section 
371(b)(2)(D)(iii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year 
2025; 
(25) $5,684,000, to remain available until Sep-
tember 
30, 
2026, 
for 
carrying 
out 
section 
371(b)(2)(D)(iii) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year 
2026; 
(26) $5,684,000, to remain available until Sep-
tember 
30, 
2022, 
for 
carrying 
out 
section 
371(b)(2)(D)(iv) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year 
2022; 
(27) $5,684,000, to remain available until Sep-
tember 
30, 
2023, 
for 
carrying 
out 
section 
371(b)(2)(D)(iv) of the Higher Education Act of 
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155 
1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year 
2023; 
(28) $5,684,000, to remain available until Sep-
tember 
30, 
2024, 
for 
carrying 
out 
section 
371(b)(2)(D)(iv) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year 
2024; 
(29) $5,684,000, to remain available until Sep-
tember 
30, 
2025, 
for 
carrying 
out 
section 
371(b)(2)(D)(iv) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year 
2025; and 
(30) $5,684,000, to remain available until Sep-
tember 
30, 
2026, 
for 
carrying 
out 
section 
371(b)(2)(D)(iv) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year 
2026; 
(b) USE OF FUNDS.—The Secretary shall use 15 per-
cent of each of the amounts appropriated under para-
graphs (6) through (10) of subsection (a) to award 25 ad-
ditional grants under section 371(b)(2)(C)(ii). 
SEC. 20042. RESEARCH AND DEVELOPMENT INFRASTRUC-
TURE COMPETITIVE GRANT PROGRAM. 
Title III of the Higher Education Act of 1965 (20 
U.S.C. 1051 et seq.) is amended— 
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(1) by redesignating part G as part H; and 
(2) by inserting after section 371 the following: 
‘‘PART G—IMPROVING RESEARCH & DEVELOP-
MENT 
INFRASTRUCTURE 
FOR 
MINORITY- 
SERVING INSTITUTIONS 
‘‘SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRA-
STRUCTURE FOR MINORITY-SERVING INSTI-
TUTIONS. 
‘‘(a) ELIGIBLE INSTITUTION.—In this section, the 
term ‘eligible institution’ means an institution that— 
‘‘(1) is described in section 371(a); 
‘‘(2) is a 4-year institution; and 
‘‘(3) is not an institution classified as very high 
research activity by the Carnegie Classification of 
Institutions of Higher Education. 
‘‘(b) AUTHORIZATION OF GRANT PROGRAMS.— 
‘‘(1) PLANNING GRANTS.—The Secretary shall 
award planning grants, on a competitive basis, to eli-
gible institutions to assist the eligible institutions in 
developing a strategic plan, assessing capacity, and 
carrying out other activities to develop and submit 
an application for an implementation grant under 
paragraph (2) to support research and development 
infrastructure. Planning grants awarded under this 
paragraph shall be for a period of 1 to 2 years. 
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‘‘(2) IMPLEMENTATION
GRANTS.—The Sec-
retary shall award implementation grants, on a com-
petitive basis, to eligible institutions to assist the eli-
gible institutions in supporting research and develop-
ment infrastructure. Implementation grants awarded 
under this paragraph shall be for a period of 1 to 
5 years. 
‘‘(c) APPLICATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PLANNING GRANTS.—An eligible in-
stitution that desires to receive a planning 
grant under subsection (b)(1) shall submit an 
application to the Secretary. Such application 
shall include— 
‘‘(i) a description of the activities that 
will be carried out with grant funds; and 
‘‘(ii) an assurance that the grant 
funds provided under subsection (b)(1) 
shall be used to supplement, and not sup-
plant, other Federal, State, tribal, and 
local funds that would otherwise be ex-
pended to develop a plan, assess capacity, 
or carry out other activities related to re-
search and development infrastructure. 
‘‘(B) IMPLEMENTATION GRANTS.— 
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‘‘(i) IN GENERAL.—An eligible institu-
tion that desires to receive an implementa-
tion grant under subsection (b)(2) shall 
submit an application to the Secretary. 
Such application shall include— 
‘‘(I) a description of the projects 
that will be carried out with grant 
funds and, in the case of an institu-
tion that was previously awarded a 
planning 
grant 
under 
subsection 
(b)(1), the strategic plan developed as 
part of such planning grant; 
‘‘(II) a description of how such 
projects will support the research and 
development infrastructure of the in-
stitution; and 
‘‘(III) an assurance that the 
grant funds provided under subsection 
(b)(2) shall be used to supplement, 
and not supplant, other Federal, 
State, tribal, and local funds that 
would otherwise be expended to sup-
port research and development infra-
structure. 
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‘‘(2) CONSORTIA.—An eligible institution may 
apply to receive a grant under this section on behalf 
of a consortium, which may include institutions clas-
sified as very high research activity by the Carnegie 
Classification of Institutions of Higher Education, 
two-year institutions of higher education, and other 
academic partners, philanthropic organizations, and 
industry partners, provided that the eligible institu-
tion is the lead member and fiscal agent of the con-
sortium. 
‘‘(3) 
NO
COMPREHENSIVE
DEVELOPMENT 
PLAN.—The requirement under section 391(b)(1) 
shall not apply to grants awarded under this section. 
‘‘(d) PRIORITY IN AWARDS.—In awarding planning 
and implementation grants under this section, the Sec-
retary shall give priority to eligible institutions that meet 
any of the following: 
‘‘(1) Received less than $10,000,000 for the 
previous fiscal year for research and development 
from all Federal sources combined, except that, in 
the case of an eligible institution being considered 
for an implementation grant, the calculation of such 
amount shall not include a planning grant under 
this section. 
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‘‘(2) In the case of eligible institutions being 
considered for an implementation grant, have re-
ceived a planning grant under this section and have 
developed and submitted to the Secretary a high- 
quality strategic plan, in accordance with the re-
quirements of such planning grant. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) PLANNING GRANTS.—An eligible institu-
tion that receives a planning grant under subsection 
(b)(1) shall use the grant funds to develop a stra-
tegic plan, assess capacity, and carry out other ac-
tivities to develop and submit an application for an 
implementation grant to support research and devel-
opment infrastructure. In carrying out the activities 
under such grant, each such eligible institution— 
‘‘(A) shall develop a high-quality strategic 
plan for improving institutional research and 
development infrastructure that includes— 
‘‘(i) an assessment of the existing in-
stitutional research capacity and research 
and development infrastructure; and 
‘‘(ii) a detailed description of how re-
search and development infrastructure 
funds provided by an implementation grant 
under this section would be used to in-
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crease institutional research capacity and 
support research and development infra-
structure; and 
‘‘(B) in developing such strategic plan, 
may work in partnership with entities described 
in subsection (c)(2) to identify and secure non- 
Federal funding to support research and devel-
opment infrastructure. 
‘‘(2) IMPLEMENTATION
GRANTS.—An eligible 
institution that receives an implementation grant 
under subsection (b)(2) shall use the grant funds to 
support research and development infrastructure, 
which shall include carrying out at least one of the 
following activities: 
‘‘(A) Providing funding for a program 
under paragraph (1), (2), or (9) of section 
311(c) or under paragraph (1), (2), or (8) of 
section 503(b) related to research and develop-
ment infrastructure that is being carried out by 
the eligible institution on the date on which the 
eligible institution receives a grant under this 
section. 
‘‘(B) Providing for the improvement of in-
frastructure existing on the date of the grant 
award, including deferred maintenance, or the 
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establishment of new physical infrastructure, 
including instructional program spaces, labora-
tories, or research facilities relating to the fields 
of science, technology, engineering, the arts, 
mathematics, health, agriculture, education, 
medicine, law, and other disciplines. 
‘‘(C) Hiring and retaining faculty, stu-
dents, research-related staff, or other personnel, 
including research personnel skilled in oper-
ating, using, or applying technology, equipment, 
or devices used to conduct or support research. 
‘‘(D) Supporting research internships and 
fellowships 
for 
students, 
including 
under-
graduate, graduate, and post-doctoral positions, 
which may include providing direct student fi-
nancial assistance to such students. 
‘‘(E) Creating new, or expanding existing, 
academic positions, including internships, fel-
lowships, and post-doctoral positions, in fields 
of research for which research and development 
infrastructure funds have been awarded under 
this section. 
‘‘(F) Creating and supporting inter- and 
intra-institutional research centers (including 
formal and informal communities of practice) in 
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fields of research for which research and devel-
opment infrastructure funds have been awarded 
under this section, including hiring staff, pur-
chasing supplies and equipment, and funding 
travel to relevant conferences and seminars to 
support the work of such centers. 
‘‘(G) Building new institutional support 
structures and departments that help faculty 
learn about, and increase faculty and student 
access to, Federal research and development 
grant funds and non-Federal academic research 
grants. 
‘‘(H) Building data and collaboration in-
frastructure so that early findings and research 
can be securely shared to facilitate peer review 
and other appropriate collaboration. 
‘‘(I) Providing programs of study and 
courses in fields of research for which research 
and development infrastructure funds have been 
awarded under this section. 
‘‘(J) Paying operating and administrative 
expenses for, and coordinating project partner-
ships with members of, a consortium described 
in subsection (c)(2) on behalf of which the eligi-
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164 
ble institution has received a grant under this 
section. 
‘‘(K) Installing or extending the life and 
usability of basic systems and components of 
campus facilities related to research, including 
high-speed broadband internet infrastructure 
sufficient to support digital and technology- 
based learning. 
‘‘(L) Expanding, remodeling, renovating, 
or altering biomedical and behavioral research 
facilities existing on the date of the grant 
award that receive support under section 404I 
of the Public Health Service Act (42 U.S.C. 
283k). 
‘‘(M) Acquiring and installing furniture, 
fixtures, 
and 
instructional 
research-related 
equipment and technology for academic instruc-
tion in campus facilities in fields of research for 
which research and development infrastructure 
funds have been awarded under this section. 
‘‘(N) Providing increased funding to pro-
grams that support research and development 
at the eligible institution that are funded by 
National Institutes of Health, including the 
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Path to Excellence and Innovation program 
with the National Institutes of Health. 
‘‘(f) ELIGIBILITY
FOR BENEFITS.—No individual 
shall be determined to be ineligible to receive benefits pro-
vided with grant funds awarded under this section (includ-
ing direct student financial assistance) on the basis of citi-
zenship, alienage, or immigration status. 
‘‘(g) SUNSET.— 
‘‘(1) IN GENERAL.—The authority to make— 
‘‘(A) planning grants under subsection 
(b)(1) shall expire at the end of fiscal year 
2025; and 
‘‘(B) implementation grants under sub-
section (b)(2) shall expire at the end of fiscal 
year 2027. 
‘‘(2) INAPPLICABILITY
OF
GEPA
CONTINGENT 
EXTENSION
OF
PROGRAMS.—Section 422 of the 
General Education Provisions Act (20 U.S.C. 
1226a) shall not apply to this section. 
‘‘(h) APPROPRIATIONS.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 2022, 
out of any money in the Treasury not otherwise appro-
priated, $2,000,000,000, to remain available until Sep-
tember 30, 2028, for carrying out this section.’’. 
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166 
PART 3—MISCELLANEOUS 
SEC. 20051. OFFICE OF INSPECTOR GENERAL. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Education for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $35,000,000, to remain available until ex-
pended, for the Office of Inspector General of the Depart-
ment of Education, for salaries and expenses necessary for 
oversight, investigations, and audits of programs, grants, 
and projects funded under this subtitle and sections 22101 
and 22102 carried out by the Office of Inspector General. 
SEC. 20052. PROGRAM ADMINISTRATION FUNDS. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Education for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $738,000,000, to remain available until ex-
pended, for necessary administrative expenses associated 
with carrying out this subtitle and sections 22101 and 
22102. 
SEC. 20053. STUDENT AID ADMINISTRATION. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Education for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $91,000,000, to remain available through 
September 30, 2030, for Student Aid Administration with-
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in the Department of Education for necessary administra-
tive expenses associated with carrying out this subtitle. 
Subtitle B—Labor Matters 
SEC. 21001. DEPARTMENT OF LABOR. 
In addition to amounts otherwise available, out of any 
money in the Treasury not otherwise appropriated, there 
are appropriated to the Department of Labor for fiscal 
year 2022, to remain available until September 30, 2026, 
the following amounts: 
(1) $195,000,000 to the Employee Benefits Se-
curity Administration for carrying out enforcement 
activities. 
(2) $707,000,000 to the Occupational Safety 
and Health Administration for carrying out enforce-
ment, standards development, whistleblower inves-
tigations, compliance assistance, funding for State 
plans, and related activities within the Occupational 
Safety and Health Administration. 
(3) $133,000,000 to the Mine Safety and 
Health Administration for carrying out enforcement, 
standard setting, technical assistance, and related 
activities. 
(4) $405,000,000 to the Wage and Hour Divi-
sion for carrying out activities. 
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(5) $121,000,000 to the Office of Workers’ 
Compensation Programs for carrying out activities 
of the Office relating to claims activity, policy and 
standards development, and monitoring of State 
workers’ compensation programs. 
(6) $201,000,000 to the Office of Federal Con-
tract Compliance Programs for carrying out audit, 
investigation, enforcement, and compliance assist-
ance, and other activities. 
(7) $176,000,000 to the Office of the Solicitor 
for carrying out necessary legal support for activities 
carried out by the Office related to and in support 
of the activities of those Department of Labor agen-
cies receiving additional funding in this section. 
SEC. 21002. NATIONAL LABOR RELATIONS BOARD. 
In addition to amounts otherwise available, out of any 
money in the Treasury not otherwise appropriated, there 
are appropriated to the National Labor Relations Board 
for fiscal year 2022, $350,000,000, to remain available 
until September 30, 2026, for carrying out the activities 
of the Board, of which not more than $5,000,000 shall 
be for the implementation of systems to conduct electronic 
voting for union representation elections. 
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169 
SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
SION. 
In addition to amounts otherwise available, out of any 
money in the Treasury not otherwise appropriated, there 
are appropriated to the Equal Employment Opportunity 
Commission for fiscal year 2022, $321,000,000, to remain 
available until September 30, 2026, for carrying out inves-
tigation, enforcement, outreach, and related activities. 
SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES. 
(a) OCCUPATIONAL SAFETY AND HEALTH ACT OF 
1970.—Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘$70,000’’ and inserting 
‘‘$700,000’’; and 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$50,000’’; 
(2) in subsection (b), by striking ‘‘$7,000’’ and 
inserting ‘‘$70,000’’; and 
(3) in subsection (d), by striking ‘‘$7,000’’ and 
inserting ‘‘$70,000’’. 
(b) FAIR LABOR STANDARDS ACT OF 1938.—Section 
16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216(e)) is amended— 
(1) in paragraph (1)(A)— 
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(A) in clause (i), by striking ‘‘$11,000’’ 
and inserting ‘‘$132,270’’; and 
(B) in clause (ii), by striking ‘‘$50,000’’ 
and inserting ‘‘$601,150’’; and 
(2) in paragraph (2)— 
(A) in the first sentence, by striking 
‘‘$1,100’’ and inserting ‘‘$20,740’’; and 
(B) in the second sentence, by striking 
‘‘$1,100’’ and inserting ‘‘$11,620’’. 
(c) MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION ACT.—Section 503(a)(1) of the Migrant 
and Seasonal Agricultural Worker Protection Act (29 
U.S.C. 1853(a)(1)) is amended by striking ‘‘$1,000’’ and 
inserting ‘‘$25,790’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2022. 
SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIO-
LATIONS. 
(a) CIVIL MONETARY PENALTIES RELATING TO PAR-
ITY
IN MENTAL HEALTH
AND SUBSTANCE USE DIS-
ORDERS.—Section 502(c)(10) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) 
is amended— 
(1) in the heading, by striking ‘‘USE OF GE-
NETIC INFORMATION’’ and inserting ‘‘USE OF GE-
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NETIC
INFORMATION
AND
PARITY
IN
MENTAL 
HEALTH
AND
SUBSTANCE
USE
DISORDER
BENE-
FITS’’; and 
(2) in subparagraph (A)— 
(A) by striking ‘‘any plan sponsor of a 
group health plan’’ and inserting ‘‘any plan 
sponsor or plan administrator of a group health 
plan’’; and 
(B) by striking ‘‘for any failure’’ and all 
that follows through ‘‘in connection with the 
plan.’’ and inserting ‘‘for any failure by such 
sponsor, administrator, or issuer, in connection 
with the plan— 
‘‘(i) to meet the requirements of sub-
section (a)(1)(F), (b)(3), (c), or (d) of sec-
tion 702 or section 701 or 702(b)(1) with 
respect to genetic information; or 
‘‘(ii) to meet the requirements of sub-
section (a) of section 712 with respect to 
parity in mental health and substance use 
disorder benefits.’’. 
(b) EXCEPTION TO THE GENERAL PROHIBITION ON 
ENFORCEMENT.—Section 502 of such Act (29 U.S.C. 
1132) is amended— 
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(1) in subsection (a)(6), by striking ‘‘or (9)’’ 
and inserting ‘‘(9), or (10)’’; and 
(2) in subsection (b)(3)— 
(A) by striking ‘‘subsections (c)(9) and 
(a)(6)’’ and inserting ‘‘subsections (c)(9), 
(c)(10), and (a)(6)’’; 
(B) by striking ‘‘under subsection (c)(9))’’ 
and inserting ‘‘under subsections (c)(9) and 
(c)(10)), and except with respect to enforce-
ment by the Secretary of section 712’’; and 
(C) by striking ‘‘706(a)(1)’’ and inserting 
‘‘733(a)(1)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to group health 
plans, or any health insurance issuer offering health insur-
ance coverage in connection with such plan, for plan years 
beginning after the date that is 1 year after the date of 
enactment of this Act. 
SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RE-
LATIONS ACT. 
(a) IN GENERAL.—Section 12 of the National Labor 
Relations Act (29 U.S.C. 162) is amended— 
(1) by striking ‘‘SEC. 12. Any person’’ and in-
serting the following: 
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‘‘SEC. 12. PENALTIES. 
‘‘(a) 
VIOLATIONS
FOR
INTERFERENCE
WITH 
BOARD.—Any person’’; and 
(2) by adding at the end the following: 
‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC-
TICES.—Any employer who commits an unfair labor prac-
tice within the meaning of section 8(a) affecting commerce 
shall be subject to a civil penalty in an amount not to 
exceed $50,000 for each such violation, except that, with 
respect to such an unfair labor practice within the mean-
ing of paragraph (3) or (4) of section 8(a) or such a viola-
tion of section 8(a) that results in the discharge of an em-
ployee or other serious economic harm to an employee, the 
Board shall double the amount of such penalty, to an 
amount not to exceed $100,000, in any case where the 
employer has within the preceding 5 years committed an-
other such violation of such paragraph (3) or (4) or such 
violation of section 8(a) that results in such discharge or 
other serious economic harm. A civil penalty under this 
paragraph shall be in addition to any other remedy or-
dered by the Board. 
‘‘(c) CONSIDERATIONS.—In determining the amount 
of any civil penalty under this section, the Board shall con-
sider— 
‘‘(1) the gravity of the actions of the employer 
resulting in the penalty, including the impact of such 
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actions on the charging party or on other persons 
seeking to exercise rights guaranteed by this Act; 
‘‘(2) the size of the employer; 
‘‘(3) the history of previous unfair labor prac-
tices or other actions by the employer resulting in a 
penalty; and 
‘‘(4) the public interest. 
‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the 
Board determines, based on the particular facts and cir-
cumstances presented, that a director or officer’s personal 
liability is warranted, a civil penalty for a violation de-
scribed in this section may also be assessed against any 
director or officer of the employer who directed or com-
mitted the violation, had established a policy that led to 
such a violation, or had actual or constructive knowledge 
of and the authority to prevent the violation and failed 
to prevent the violation.’’. 
(b) ADDITIONAL PENALTIES.—The National Labor 
Relations Act (29 U.S.C. 151 et seq.) is amended by in-
serting after section 12 (29 U.S.C. 162) the following: 
‘‘SEC. 12A. ADDITIONAL PENALTIES. 
‘‘(a) CIVIL
PENALTIES
FOR
ADDITIONAL
CON-
DUCT.—Any employer who violates subsection (d) affect-
ing commerce shall be subject to a civil penalty in an 
amount not to exceed $50,000 for each such violation, ex-
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cept that, with respect to such a violation that results in 
the discharge of an employee or other serious economic 
harm to an employee, the Board shall double the amount 
of such penalty, to an amount not to exceed $100,000, 
in any case where the employer has within the preceding 
5 years committed another such violation of subsection (d) 
that results in such discharge or other serious economic 
harm. 
‘‘(b) CONSIDERATIONS.—In determining the amount 
of any civil penalty under this section, the Board shall con-
sider— 
‘‘(1) the gravity of the actions of the employer 
resulting in the penalty, including the impact of such 
actions on the charging party or on other persons 
seeking to exercise rights guaranteed by this Act; 
‘‘(2) the size of the employer; 
‘‘(3) the history of previous unfair labor prac-
tices or other actions by the employer resulting in a 
penalty; and 
‘‘(4) the public interest. 
‘‘(c) DIRECTOR
AND OFFICER LIABILITY.—If the 
Board determines, based on the particular facts and cir-
cumstances presented, that a director or officer’s personal 
liability is warranted, a civil penalty for a violation de-
scribed in this section may also be assessed against any 
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director or officer of the employer who directed or com-
mitted the violation, had established a policy that led to 
such a violation, or had actual or constructive knowledge 
of and the authority to prevent the violation and failed 
to prevent the violation. 
‘‘(d) PROHIBITION.—It shall be unlawful for an em-
ployer— 
‘‘(1) to promise, threaten, or take any action— 
‘‘(A) to permanently replace an employee 
who participates in a strike as defined by sec-
tion 501(2) of the Labor Management Rela-
tions Act, 1947 (29 U.S.C. 142(2)); 
‘‘(B) to discriminate against an employee 
who is working or has unconditionally offered to 
return to work for the employer because the 
employee supported or participated in such a 
strike; or 
‘‘(C) to lockout, suspend, or otherwise 
withhold employment from employees in order 
to influence the position of such employees or 
the representative of such employees in collec-
tive bargaining prior to a strike; 
‘‘(2) to communicate or misrepresent to an em-
ployee under section 2(3) that such employee is ex-
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cluded from the definition of employee under section 
2(3); 
‘‘(3) to require or coerce an employee to attend 
or participate in such employer’s campaign activities 
unrelated to the employee’s job duties, including ac-
tivities that are subject to the requirements under 
section 203(b) of the Labor-Management Reporting 
and Disclosure Act of 1959 (29 U.S.C. 433(b)); or 
‘‘(4) to violate subsection (e). 
‘‘(e) COLLECTIVE ACTION.— 
‘‘(1) IN GENERAL.—No employer shall— 
‘‘(A) enter into or attempt to enforce any 
agreement, express or implied, whereby prior to 
a dispute to which the agreement applies, an 
employee undertakes or promises not to pursue, 
bring, join, litigate, or support any kind of 
joint, class, or collective claim arising from or 
relating to the employment of such employee in 
any forum that, but for such agreement, is of 
competent jurisdiction; 
‘‘(B) coerce an employee into undertaking 
or promising not to pursue, bring, join, litigate, 
or support any kind of joint, class, or collective 
claim arising from or relating to the employ-
ment of such employee; or 
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‘‘(C) retaliate or threaten to retaliate 
against an employee for refusing to undertake 
or promise not to pursue, bring, join, litigate, 
or support any kind of joint, class, or collective 
claim arising from or relating to the employ-
ment of such employee. 
‘‘(2) EXCEPTION.—This subsection shall not 
apply to any agreement embodied in or expressly 
permitted by a contract between an employer and a 
labor organization. 
‘‘(f) ENFORCEMENT.—The provisions of section 10 
and 11 shall apply to a violation of this section in the 
same manner as such provisions apply to an unfair labor 
practice, except that— 
‘‘(1) an order under section 10 with respect to 
a violation of this section— 
‘‘(A) shall require only that the person in 
such violation pay a civil penalty under sub-
section (a); and 
‘‘(B) shall not include a requirement for a 
person to cease and desist such violation or any 
form of affirmative action other than the pay-
ment of such penalty; 
‘‘(2) a petition under subsection (e) of section 
10 with respect to a violation of this section may be 
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only for enforcement of an order for the payment of 
a civil penalty under subsection (a); 
‘‘(3) a petition under subsection (f) of section 
10 with respect to a violation of this section may be 
only for review of an order for the payment of such 
a civil penalty; and 
‘‘(4) a court under section 10 may not grant 
any form of relief, including temporary relief, a re-
straining order, or any other form of injunctive re-
lief, for a violation of this section other than a de-
cree to enforce, modify, or set aside in whole or in 
part an order of the Board imposing a civil penalty 
under subsection (a) for a violation of this section.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2022. 
Subtitle C—Workforce 
Development Matters 
PART 1—DEPARTMENT OF LABOR 
SEC. 22001. DISLOCATED WORKER EMPLOYMENT AND 
TRAINING ACTIVITIES. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Labor for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $16,000,000,000, to 
remain available until September 30, 2026, except that no 
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amounts may be expended after September 30, 2031, 
which shall be reserved and allotted to States in accord-
ance with subsection (b)(2) of section 132 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 3172), 
reserved and allocated to local areas in accordance with 
subsections (a) and (b)(1)(B) of section 133 of such Act 
(29 U.S.C. 3173), and reserved by such local areas as fol-
lows: 
(1) Not less than 20 percent shall be reserved 
for carrying out the career services authorized under 
subsection (c)(2) of section 134 of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3174) and 
expanding access to the individualized career serv-
ices described in section 134(c)(2)(A)(xii) of such 
Act (29 U.S.C. 3174(c)(2)(A)(xii)). 
(2) Not less than 20 percent shall be reserved 
for carrying out the supportive services and pro-
viding the needs-related payments authorized under 
paragraphs (2) and (3) of section 134(d) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(d)), except that for purposes of the res-
ervation under this paragraph the requirements of 
subparagraphs (B) and (C) of paragraph (3) of such 
section shall not apply; and 
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(3) Not less than 50 percent shall be reserved 
for carrying out the training services— 
(A) of which, not less than 60 percent 
shall be made available for individual training 
accounts authorized under section 134(c)(3) of 
the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3174(c)(3)). 
(B) except that for purposes of providing 
transitional jobs as part of those services under 
this section, section 134(d)(5) of such Act (29 
U.S.C. 3174(d)(5)) shall be applied by sub-
stituting ‘‘40 percent’’ for ‘‘10 percent’’. 
(b) SUPPLEMENT NOT SUPPLANT.—Amounts made 
available to carry out this section shall be used to supple-
ment and not supplant other Federal, State, and local 
public funds expended to provide employment and training 
activities for dislocated workers, including funds provided 
under the Workforce Innovation and Opportunity Act (29 
U.S.C. 3101 et seq.). 
SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING 
ACTIVITIES. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Labor for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $15,000,000,000, to 
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remain available until September 30, 2026, except that no 
amounts may be expended after September 30, 2031, 
which shall be reserved and allotted to States in accord-
ance with subsection (b)(1) of section 132 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 3172), 
reserved and allocated to local areas in accordance with 
subsections (a) and (b)(1)(A) of section 133 of such Act 
(29 U.S.C. 3173), and reserved by such local areas as fol-
lows: 
(1) Not less than 20 percent shall be reserved 
for carrying out the career services authorized under 
subsection (c)(2) of section 134 of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3174) and 
expanding access to the individualized career serv-
ices described in section 134(c)(2)(A)(xii) of such 
Act (29 U.S.C. 3174(c)(2)(A)(xii)). 
(2) Not less than 10 percent shall be reserved 
for carrying out the supportive services and pro-
viding the needs-related payments authorized under 
paragraphs (2) and (3) of section 134(d) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(d)). 
(3) Not less than 50 percent shall be reserved 
for carrying out the training services— 
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(A) of which, not less than 60 percent 
shall be made available for individual training 
accounts or contracts authorized under of sec-
tion 134(c)(3) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3174(c)(3)); and 
(B) except that for purposes of providing 
incumbent worker training as part of those 
services under this section, if such training is 
provided 
to 
low-wage 
workers, 
section 
134(d)(4)(A)(i) of the Workforce Innovation 
and 
Opportunity 
Act 
(29 
U.S.C. 
3174(d)(4)(A)(i)) shall be applied by sub-
stituting ‘‘40 percent’’ for ‘‘20 percent’’. 
(b) SUPPLEMENT NOT SUPPLANT.—Amounts made 
available to carry out this section shall be used to supple-
ment and not supplant other Federal, State, and local 
public funds expended to provide adult employment and 
training activities, including funds provided under the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3101 et seq.). 
SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Labor for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $9,054,000,000, to 
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remain available until September 30, 2026, except that no 
amounts may be expended after September 30, 2031, 
which shall be reserved and allotted to States in accord-
ance with subparagraphs (B) and (C) of section 127(b)(1) 
of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3162(b)(1)), reserved and allocated to local areas 
in accordance with subsections (a) and (b) of section 128 
of such Act (29 U.S.C. 3163), and reserved by such local 
areas as follows: 
(1) 25 percent shall be reserved for carrying 
out the youth workforce investment activities author-
ized under section 129 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3164 et seq.). 
(2) 75 percent shall be reserved to provide op-
portunities for in-school youth and out-of-school 
youth to participate in paid work experiences de-
scribed in subsection (c)(2)(C) of section 129 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3164). 
(b) PARTNERSHIPS.—Not less than 20 percent of 
amounts made available under subsection (a) shall be used 
by local areas to partner with community-based organiza-
tions serving out-of-school youth to carry out activities de-
scribed in paragraphs (1) and (2) of subsection (a), in-
cluding those residing in high-crime or high-poverty areas. 
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(c) SUPPLEMENT NOT SUPPLANT.—Amounts made 
available to carry out this section shall be used to supple-
ment and not supplant other Federal, State, and local 
public funds expended for youth workforce investment ac-
tivities, including funds provided under the Workforce In-
novation and Opportunity Act (29 U.S.C. 3101 et seq.). 
SEC. 22004. EMPLOYMENT SERVICE. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any money in the Treasury not other-
wise appropriated, the following amounts, to remain avail-
able until September 30, 2026, except that no amounts 
may be expended after September 30, 2031 
(1) $1,250,000,000 for carrying out the State 
grant activities authorized under section 7 of the 
Wagner-Peyser Act (29 U.S.C. 49f), which shall be 
allotted in accordance with section 6 of such Act (29 
U.S.C. 49e), except that, for purposes of this sec-
tion, funds shall also be provided to the Common-
wealth of the Northern Mariana Islands and Amer-
ican Samoa in amounts the Secretary determines ap-
propriate prior to the allotments being made in ac-
cordance with section 6 of such Act (29 U.S.C. 49d). 
(2) $100,000,000 for carrying out improve-
ments to the workforce and labor market informa-
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tion systems authorized under section 15 of the 
Wagner-Peyser Act (29 U.S.C. 49l-2). 
SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any money in the Treasury not other-
wise appropriated, $3,600,000,000, to remain available 
until September 30, 2026, except that no amounts may 
be expended after September 30, 2031, for carrying out 
ex-offender activities, under the authority of section 169 
of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3224). Not less than 25 percent of such funds shall 
be for competitive grants to national and regional inter-
mediaries for activities that prepare for employment of 
young adults with criminal records, young adults who have 
been justice system-involved, or young adults who have 
dropped out of school or other educational programs, with 
a priority for projects serving high-crime, high-poverty 
areas. 
SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH AP-
PRENTICESHIPS, 
AND 
PRE-APPRENTICE-
SHIPS. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Labor for fiscal year 2022, out of any amounts in the 
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Treasury not otherwise appropriated, $5,000,000,000, to 
remain available until September 30, 2026, except that no 
amounts may be expended after September 30, 2031, to 
carry out activities through grants, cooperative agree-
ments, contracts or other arrangements, with States and 
other appropriate entities, including equity intermediaries 
and business and labor industry partner intermediaries, 
to create or expand only— 
(1) apprenticeship programs registered under 
the Act of August 16, 1937 (commonly known as 
the ‘‘National Apprenticeship Act’’; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.); and 
(2) youth apprenticeship programs and pre-ap-
prenticeship programs that articulate to apprentice-
ship programs described in paragraph (1). 
(b) RESERVATION.—Not less than 50 percent of the 
funds made available under section (a) shall be reserved 
for— 
(1) entities serving a high number or high per-
centage of individuals with barriers to employment 
(as defined in section 3 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3102)), including 
individuals with disabilities, or nontraditional ap-
prenticeship populations; or 
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(2) youth apprenticeships or pre-apprentice-
ships that articulate to such registered apprentice-
ships programs. 
SEC. 22007. COMMUNITY COLLEGE AND INDUSTRY PART-
NERSHIP GRANTS. 
(a) DEFINITIONS.—In this section— 
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ means an institution of higher edu-
cation (as defined in section 101 or 102(c) of the 
Higher Education Act of 1965 (20 U.S.C. 1001, 
1002(c)), including a Tribal College or University 
(as defined in section 316 of such Act (20 U.S.C. 
1059c)), or a consortium of such institutions— 
(A) at which the highest degree awarded is 
an associate degree; or an associate degree is 
the predominant degree awarded; and 
(B) that is working directly with an indus-
try or sector partnership, or in the process of 
establishing such partnership, to carry out a 
grant under this section. 
(2) PERKINS
CTE
DEFINITIONS.—The terms 
‘‘career and technical education’’, ‘‘career guidance 
and academic counseling’’ , ‘‘dual or concurrent en-
rollment program’’, ‘‘evidence-based’’ and ‘‘work- 
based learning’’ have the meanings given the terms 
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in section 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302). 
(3) REGISTERED APPRENTICESHIP PROGRAM.— 
The term ‘‘registered apprenticeship program’’ 
means an apprenticeship registered under the Act of 
August 16, 1937 (commonly known as the ‘‘National 
Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 
U.S.C. 50 et seq.). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(5) WIOA DEFINITIONS.— 
(A) IN
GENERAL.—The terms ‘‘career 
pathway’’, ‘‘in-demand industry sector or occu-
pation’’, ‘‘individual with a barrier to employ-
ment’’, ‘‘industry or sector partnership’’, ‘‘inte-
grated education and training’’, ‘‘recognized 
postsecondary credential’’ and ‘‘supportive serv-
ices’’ have the meanings given the terms in sec-
tion 3 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102). 
(B) CAREER SERVICES.—The term ‘‘career 
services’’ means services described in section 
134(c)(2) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3174(c)(2)). 
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(b) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Labor for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $2,000,000,000, to 
remain available until September 30, 2026, except that no 
amounts may be expended after September 30, 2031, to 
carry out this section. 
(c) GRANTS.—From funds appropriated under sub-
section (b) and not reserved under subsection (e), and 
under the authority of section 169(b)(5) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3224(b)(5)), 
the Secretary shall award grants on a competitive basis 
to eligible institutions for the purposes of expanding work-
force development and employment opportunities in high- 
skill, high-wage, or in-demand industry sectors or occupa-
tions. To receive such a grant, an eligible institution shall 
submit to the Secretary an application at such time, in 
such manner, and containing such information as specified 
by the Secretary, including a description of the related 
programs, recognized postsecondary credentials, and em-
ployment opportunities. 
(d) USE OF GRANT FUNDS.— 
(1) 
IN
GENERAL.—An 
eligible 
institution 
awarded a grant under this section shall use such 
grant funds to expand opportunities for attainment 
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of recognized postsecondary credentials that are na-
tionally portable and stackable for high-skill, high- 
wage, or in-demand industry sectors or occupations 
by— 
(A) establishing, improving, or scaling 
high-quality, 
evidence-based 
education 
and 
training programs, such as career and technical 
education programs, career pathway programs, 
and work-based learning programs (including 
programs of registered apprenticeships or pre- 
apprenticeships that articulate to registered ap-
prenticeships); 
(B) creating, developing, or expanding ar-
ticulation agreements (as defined in section 
486A(a) of the Higher Education Act of 1965 
(20 U.S.C. 1093a(a))), credit transfer agree-
ments, corequisite remediation programs, dual 
or concurrent enrollment programs, or policies 
and processes to award academic credit for 
prior learning or career training programs sup-
ported by the funds described in subsection (c); 
(C) making available open, searchable, and 
comparable information on curriculum or recog-
nized postsecondary credentials, including those 
created or developed using such funds, and in-
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formation on the related skills or competencies, 
and related employment and earnings outcomes; 
(D) establishing or implementing plans for 
providers of programs supported with such 
funds to be included on the eligible training 
services provider list described in section 122(d) 
of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3152(d)); 
(E) purchasing, leasing, or refurbishing 
specialized equipment necessary to carry out 
the education or career training programs sup-
ported by such funds; 
(F) reducing or eliminating out-of-pocket 
expenses related to participants’ cost of attend-
ance in the education or career training activi-
ties supported by such funds; or 
(G) establishing or expanding industry or 
sector partnerships to successfully carry out the 
activities 
described 
in 
subparagraphs 
(A) 
through (F). 
(2) 
RESERVATION.—An 
eligible 
institution 
awarded a grant under this section shall use not less 
than 15 percent of such grant funds to provide serv-
ices to help individuals with barriers to employment 
complete and successfully transition out of education 
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or career training programs supported by such 
funds, which shall include providing supportive serv-
ices, career services, career guidance and academic 
counseling, or job placement assistance. 
(e) RESERVATIONS.—From the amounts made avail-
able under subsection (b), the Secretary shall reserve not 
more than 5 percent for— 
(1) targeted outreach to eligible institutions 
serving a high number or high percentage of low-in-
come individuals or individuals with barriers to em-
ployment, and rural-serving eligible institutions, to 
provide guidance and assistance in the grant appli-
cation process under this section; 
(2) administration of the program described in 
this section, including providing technical assistance 
and oversight to support eligible institutions (includ-
ing consortia of eligible institutions); and 
(3) evaluating and reporting on the perform-
ance and impact of programs funded under this sec-
tion. 
(f) SUPPLEMENT NOT SUPPLANT.—Amounts avail-
able to carry out this section shall be used to supplement 
and not supplant other Federal, State, and local public 
funds expended to support community college education 
or career training programs. 
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SEC. 22008. INDUSTRY OR SECTOR PARTNERSHIP GRANTS. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Labor for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $10,000,000,000, to 
remain available until September 30, 2026, except that no 
amounts may be expended after September 30, 2031, to 
carry out this section. 
(b) GRANTS.—From amounts appropriated under 
subsection (a) and not reserved under subsection (d), and 
under the authority of section 169(b)(5) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3224(b)(5)), 
the Secretary shall award grants on a competitive basis 
to eligible partnerships for the purposes of expanding 
workforce development and employment opportunities for 
high-skill, high-wage, or in-demand industry sectors or oc-
cupations, including information technology, clean energy, 
arts and entertainment, infrastructure and transportation, 
advanced manufacturing, health care, public health, home 
care, and early childhood care and education. To receive 
such a grant, an eligible partnership shall submit to the 
Secretary an application at such time, in such manner, 
and containing such information as specified by the Sec-
retary. 
(c) USES OF FUNDS.—An eligible partnership award-
ed such a grant under this section shall use— 
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(1) such grant funds to engage and regularly 
convene stakeholders in a collaborative structure to 
identify, develop, improve, or expand training, em-
ployment, and growth opportunities for the high- 
skill, high-wage, or in-demand industry sector or oc-
cupation on which such partnership is focused; 
(2) not less than 50 percent of such grant 
funds to directly provide, or arrange for the provi-
sion of, high-quality, evidence-based training for the 
high-skill, high-wage, or in-demand industry sector 
or occupation on which such partnership is focused, 
which shall include— 
(A) training services described in any 
clause of subparagraph (D) of section 134(c)(3) 
of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3174(c)(3))) provided through 
contracts that meet the requirements of that 
section 134(c)(3); or 
(B) training provided through registered 
apprenticeship programs, youth apprenticeship, 
or pre-apprenticeship programs that articulate 
to registered apprenticeship programs, or 
through joint labor-management partnerships; 
and 
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(C) establishing or implementing plans for 
providers of programs supported with such 
funds to be included on the eligible training 
services provider list described in section 122(d) 
of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3152(d)). 
(3) not less than 15 percent of such grant 
funds to directly provide, or arrange for the provi-
sion of, services to help individuals with barriers to 
employment complete and successfully transition out 
of training described in paragraph (2), which serv-
ices shall include career services, supportive services, 
or the provision of needs-related payments author-
ized under subsections (c)(2), (d)(2), and (d)(3) of 
section 134 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3174). 
(d) RESERVATIONS.— 
(1) IN
GENERAL.—From the amounts made 
available under subsection (a), the Secretary shall 
reserve not more than 5 percent for— 
(A) targeted outreach and support to eligi-
ble partnerships serving local areas with high 
unemployment rates or high percentages of in-
dividuals with low incomes or individuals with 
barriers to employment, to provide guidance 
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and assistance in the grant application process 
under this section; 
(B) administration of the program de-
scribed in this section, including providing com-
prehensive technical assistance and oversight to 
support eligible partnerships; and 
(C) evaluating and reporting on the per-
formance and impact of programs funded under 
this section. 
(2) STATE BOARD OR LOCAL BOARD FUNDS.— 
From amounts made available under subsection (a), 
the Secretary shall reserve not less than 5 percent 
to provide direct assistance to State boards or local 
boards to support the creation or expansion of in-
dustry or sector partnerships in local areas with 
high unemployment rates or high percentages of in-
dividuals with low incomes or individuals with bar-
riers to employment, as compared to State or na-
tional averages for such rates or percentages. 
(e) SUPPLEMENT NOT SUPPLANT.—Amounts made 
available to carry out this section shall be used to supple-
ment and not supplant other Federal, State, and local 
public funds expended to support activities described in 
this section. 
(f) DEFINITIONS.—In this section: 
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(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ means— 
(A) an industry or sector partnership, 
which shall include multiple representatives de-
scribed in each of clauses (i) through (iii) of 
paragraph (26)(A) of section 3 of the Work-
force Innovation and Opportunity Act (29 
U.S.C. 3102); or 
(B) a partnership of multiple entities de-
scribed in section 3(26) of such Act (29 U.S.C. 
3102(26)), and a State board or local board, 
that is in the process of establishing an indus-
try or sector partnership. 
(2) PERKINS
CTE
DEFINITIONS.—The terms 
‘‘career guidance and academic counseling’’ and 
‘‘evidence-based’’ have the meanings given the terms 
in section 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302). 
(3) REGISTERED APPRENTICESHIP PROGRAM.— 
The term ‘‘registered apprenticeship program’’ 
means an apprenticeship registered under the Act of 
August 16, 1937 (commonly known as the ‘‘National 
Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 
U.S.C. 50 et seq.). 
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(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(5) WIOA
DEFINITIONS.—The terms ‘‘career 
pathway’’, ‘‘in-demand industry sector or occupa-
tion’’, ‘‘individual with a barrier to employment’’, 
‘‘industry or sector partnership’’, ‘‘local area’’, ‘‘local 
board’’, and ‘‘State board’’ have the meanings given 
the terms in section 3 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3102). 
SEC. 22009. JOB CORPS. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any amounts in the Treasury not 
otherwise appropriated, $1,500,000,000, to remain avail-
able until September 30, 2026, except that no amounts 
may be expended after September 30, 2031, for the Job 
Corps program authorized under section 143 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 3193), 
including improving and expanding access to allowances 
and supports described in section 150 of such Act (29 
U.S.C. 3200), except that for the purposes of this section, 
outlying areas as defined in section 3 of such Act (29 
U.S.C. 3102) shall be considered eligible to receive funds 
under this section. Of such funds, no less than 
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$750,000,000 shall be reserved for construction, rehabili-
tation and acquisition of Job Corps Centers. 
SEC. 22010. NATIVE AMERICAN PROGRAMS. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any amounts in the Treasury not 
otherwise appropriated, $450,000,000, to remain available 
until September 30, 2026, except that no amounts may 
be expended after September 30, 2031, for the Native 
American programs authorized under the Workforce Inno-
vation and Opportunity Act. 
SEC. 22011. MIGRANT AND SEASONAL FARMWORKER PRO-
GRAMS. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any amounts in the Treasury not 
otherwise appropriated, $450,000,000, to remain available 
until September 30, 2026, except that no amounts may 
be expended after September 30, 2031, for the migrant 
and seasonal farmworker programs authorized under 
Workforce Innovation and Opportunity Act, except that, 
for purposes of providing services under those programs 
to low-income individuals under this section, section 
3(36)(A)(ii)(I) of such Act (29 U.S.C. 3102(36)(A)(ii)(I)) 
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shall be applied by substituting ‘‘150 percent of the pov-
erty line’’ for ‘‘the poverty line’’. 
SEC. 22012. YOUTHBUILD PROGRAM. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any amounts in the Treasury not 
otherwise appropriated, $500,000,000, to remain available 
until September 30, 2026, except that no amounts may 
be expended after September 30, 2031, for the YouthBuild 
program authorized under the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3226), including for the pur-
poses of improving and expanding access to services, sti-
pends, wages, and benefits described in subsections 
(c)(2)(A)(vii) and (c)(2)(F) of section 171 of such Act. 
SEC. 22013. SENIOR COMMUNITY SERVICE EMPLOYMENT 
PROGRAM. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any amounts in the Treasury not 
otherwise appropriated, $100,000,000, to remain available 
until September 30, 2026, except that no amounts may 
be expended after September 30, 2031, for the Senior 
Community Service Employment program authorized 
under title V of the Older Americans Act (42 U.S.C. 3056 
et seq.). 
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SEC. 22014. PROGRAM ADMINISTRATION. 
In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fis-
cal year 2022, out of any money in the Treasury not other-
wise appropriated, $720,000,000, to remain available until 
September 30, 2028, except that no amounts may be ex-
pended after September 30, 2031, for program adminis-
tration within the Department of Labor for salaries and 
expenses necessary to implement this part, parts 3 and 
4, and section 22402 of part 5 of this subtitle, including 
for management, legal, or other support necessary to im-
plement such parts or section. 
PART 2—DEPARTMENT OF EDUCATION 
SEC. 22101. ADULT EDUCATION AND LITERACY. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Education for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $3,600,000,000, 
to remain available until September 30, 2028, to carry out 
title II of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3101 et seq.), which shall be reserved, and 
granted and allotted to eligible agencies in accordance with 
subsections (a), (b), and (c) of section 211 of such Act, 
respectively. 
(b) REQUIREMENT.—With respect to each eligible 
agency that receives funds appropriated by this section, 
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for each fiscal year for which such eligible agency receives 
such funds, section 222(a)(1) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3302(a)(1)) the shall be 
applied by substituting ‘‘not less than 10 percent’’ for 
‘‘not more than 20 percent’’. 
SEC. 22102. CAREER AND TECHNICAL EDUCATION. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Education for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, the following 
amounts, to remain available until September 30, 2028: 
(1) $3,000,000,000 for carrying out career and 
technical education programs authorized under sec-
tion 124 and section 135 of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006 (20 
U.S.C. 2301 et seq.), which shall be allotted in ac-
cordance with section 111 and section 112 of such 
Act (20 U.S.C. 2321, 2322), except that subsection 
(b) of section 112 of such Act (20 U.S.C. 2322) 
shall not apply. 
(2) $1,000,000,000 for carrying out the innova-
tion and modernization program described in sub-
section(e) of section 114 of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006 (20 
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U.S.C. 2324(e)), except that for purposes of this 
paragraph— 
(A) the 20 percent limitation in paragraph 
(1) of such subsection, and paragraph (2) of 
such subsection, shall not apply; and 
(B) eligible agencies (as defined in section 
3 of such Act) shall be eligible to receive grants 
under section 114(e) of such Act. 
(b) SUPPLEMENT NOT SUPPLANT.—Amounts made 
available to carry out this section shall be used to supple-
ment and not supplant other Federal, State, and local 
public funds expended for career and technical education 
programs, including the funds provided under the Carl D. 
Perkins Career and Technical Education Act of 2006 (20 
U.S.C. 2301 et seq.). 
PART 3—COMPETITIVE INTEGRATED EMPLOY-
MENT TRANSFORMATION GRANT PROGRAM 
SEC. 
22201. 
COMPETITIVE 
INTEGRATED 
EMPLOYMENT 
TRANSFORMATION GRANT PROGRAM. 
(a) IN GENERAL.—In addition to amounts otherwise 
made available, there is appropriated to the Department 
of Labor, $300,000,000 for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, to re-
main available until expended, for the Secretary of Labor 
(referred to in this section as the ‘‘Secretary’’) to award 
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grants to States in accordance with this section to assist 
employers in such States who were issued special certifi-
cates under section 14(c) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 214(c)) in transforming (or continuing 
to transform) their business and program models from 
providing employment using special certificates to busi-
ness and program models that employ and support people 
with disabilities in competitive integrated employment and 
to cover any administrative costs associated with such 
grants. 
(b) RESERVATIONS AND ALLOTMENTS; DURATION OF 
AWARDS.— 
(1) RESERVATIONS.— 
(A) 
ALLOTMENTS
TO
NON-COVERED 
STATES.— 
(i) IN GENERAL.—The Secretary shall 
reserve 10 percent of the amount appro-
priated by subsection (a) to award grants, 
in accordance to clause (ii), to States de-
scribed in subsection (c)(3) that submit an 
application under subsection (c) meeting 
the applicable requirements of such sub-
section. 
(ii) ALLOTMENT AMOUNT.—The Sec-
retary shall allot grants to each State 
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under clause (i) a grant in an amount that 
bears the same relationship to the total 
amount reserved under clause (i) as the 
population of the State bears to the total 
population of all States described in such 
clause. 
(B) NATIONAL
TECHNICAL
ASSISTANCE 
CENTER.—The Secretary shall use 2 percent of 
the amounts appropriated in subsection (a) to 
establish, either directly or through grants, con-
tracts, or cooperative agreements, a national 
technical assistance center to provide technical 
assistance to employers who are transforming 
from employing people with disabilities using 
special certificates to providing competitive inte-
grated employment and to collect and dissemi-
nate evidence-based practices with respect to 
the transformations and in providing competi-
tive integrated employment and integrated serv-
ices. 
(2) ALLOTMENTS TO COVERED STATES.— 
(A) 15 OR MORE COVERED STATES.— 
(i) IN GENERAL.—In the case that, as 
of a date determined appropriate by the 
Secretary, there are 15 or more covered 
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States the Secretary shall allot to each cov-
ered State a grant in an amount equal to 
the sum of the allotted to such State under 
clauses (ii) and (iii). 
(ii) ALLOTMENT BASED ON NUMBER 
OF EMPLOYEES UNDER SPECIAL CERTIFI-
CATES.—From the total amount that is 70 
percent of the funds appropriated under 
subsection (a) and not reserved under 
paragraph (1), the Secretary shall allot to 
each covered State an amount that bears 
the same relationship to such total amount 
as the number of people with disabilities 
who are employed under a special certifi-
cate in the covered State bears to the total 
number of people with disabilities who are 
employed under a special certificate in all 
covered States. 
(iii) ALLOTMENT BASED ON EMPLOY-
ERS WITH SPECIAL CERTIFICATES.—From 
the total amount that is 30 percent of the 
funds appropriated under subsection (a) 
and not reserved under paragraph (1), the 
Secretary shall allot to each covered State 
an amount that bears the same relation-
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ship to such total amount as the number 
of employers in the covered State who have 
in effect a special certificate bears to the 
total number of employers in all covered 
States who have in effect such a certifi-
cate. 
(B) 14 OR FEWER COVERED STATES.—In 
the case that, as of the date determined appro-
priate by the Secretary under subparagraph 
(A), there are fewer than 15 covered States, the 
Secretary shall award grants to each covered 
State on a competitive basis in an amount that 
the Secretary determines necessary to accom-
plish the purpose of the grant described in sub-
section (a). 
(C) COVERED STATE.—In this subsection, 
the term ‘‘covered State’’ means a State that— 
(i) is not described in subsection 
(c)(3); and 
(ii) submits an application under sub-
section (c) that meets the applicable re-
quirements under such subsection. 
(3) DURATION
OF
AWARDS.—A grant under 
this section shall be awarded for a period of 5 years. 
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(4) CUTOFF.—The Secretary may not issue a 
grant under this subsection after September 30, 
2025. 
(c) APPLICATIONS.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under this section, a State shall submit an ap-
plication to the Secretary at such time, in such man-
ner, and including such information as the Secretary 
may reasonably require. 
(2) CONTENTS.—In the case of a State not de-
scribed in paragraph (3), an application submitted 
under paragraph (1) shall include— 
(A) a description of the status of the em-
ployers in the State providing employment 
using special certificates, which may include— 
(i) the number of employers in the 
State using special certificates to employ 
and pay people with disabilities; 
(ii) the number of employees in the 
State employed under a special certificate; 
(iii) the average number of hours such 
employees work per week; and 
(iv) the average hourly wage for such 
employees; 
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(B) a description of activities to be funded 
under the grant, and the goals of such activi-
ties, including the activities of the State with 
respect to competitive integrated employment 
for people with disabilities; and 
(C) assurances that— 
(i) the activities carried out under the 
grant will, by not later than the end of the 
5-year grant period, result in— 
(I) each employer in the State 
voluntarily ceasing to use special cer-
tificates by the end of the 5-year 
grant period and no longer applying 
for or renewing such certificates; or 
(II) in the case of an employer in 
the State that, as of the date of enact-
ment of this Act, provides employment 
using special certificates, the em-
ployer— 
(aa) transforms its business 
and program models as described 
in subsection (d)(1)(A); or 
(bb) ceases providing spe-
cialized employment services for 
people with disabilities; and 
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(ii) each individual in the State who is 
employed under a special certificate on or 
after the date of enactment will be em-
ployed in competitive integrated employ-
ment or a combination of competitive inte-
grated employment and integrated services, 
including by compensating all employees of 
the employer for all hours worked at a rate 
that is— 
(I) not less than the higher of 
the rate specified in section 6(a)(1) of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(a)(1)) or the 
rate specified in the applicable State 
or local minimum wage law, or the ap-
plicable prevailing wage rate under 
the McNamara-O’Hara Service Con-
tract Act (41 U.S.C. 6701 et seq.); 
and 
(II) not less than the rate paid 
by the employer for the same or simi-
lar work performed by other employ-
ees who are not people with disabil-
ities, and who are similarly situated in 
similar occupations by the same em-
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ployer and who have similar training, 
experience, and skills; and 
(iii) the State will establish an advi-
sory council described in subsection (e) to 
monitor and guide the process of trans-
forming business and program models of 
employers in the State as described in sub-
section (d)(1)(A). 
(3) APPLICATIONS
FOR
STATES
RECEIVING 
AMOUNT
FROM
RESERVATION.—In the case of a 
State that, as of the date of enactment of this Act, 
is determined by the Secretary to have phased out 
or to be in the process of phasing out the use of spe-
cial certificates in the State, an application under 
this subsection from such State shall include only 
the information described in paragraph (2)(B). 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—In the case of a State not 
described in paragraph (2), such State shall use the 
grant funds for each of the following activities: 
(A) Identifying each employer in the State 
that will transform its business and program 
models from employing people with disabilities 
using special certificates to employing people 
with disabilities in competitive integrated em-
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213 
ployment settings, or a setting involving a com-
bination of competitive integrated employment 
and integrated services. 
(B) Implementing a service delivery infra-
structure to support people with disabilities who 
have been employed under special certificates 
through such a transformation, including pro-
viding enhanced integrated services to support 
people with the most significant disabilities. 
(C) Expanding competitive integrated em-
ployment and integrated services to be provided 
to such people as a result of transformations 
described in subparagraph (A). 
(2) STATES
RECEIVING
AMOUNT
FROM
RES-
ERVATION.—A State that, as of the date of enact-
ment of this Act, is determined by the Secretary to 
have phased out or to be in the process of phasing 
out the use of special certificates in the State, shall 
use the grant funds for expansion of competitive in-
tegrated employment and integrated services to be 
provided to people with disabilities. 
(e) MEMBERS OF THE ADVISORY COUNCIL.—A State 
receiving a grant under this section shall, for the purpose 
described in subsection (c)(2)(C)(iii), establish an advisory 
council composed of the following: 
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(1) People with disabilities, including people 
with intellectual or developmental disabilities and 
people with mental health disabilities, who are or 
were employed under a special certificate, who shall 
comprise not less than 25 percent of the members 
of such advisory council. 
(2) Family members of a person with an intel-
lectual, developmental, or mental health disability 
who is or was employed under a special certificate 
or is employed in competitive integrated employ-
ment. 
(3) An employer providing competitive inte-
grated employment. 
(4) An employer providing employment under 
special certificates. 
(5) Representatives of relevant State agencies 
with expertise in competitive integrated employment, 
disability organizations with such expertise, and dis-
ability related offices and groups with such exper-
tise. 
SEC. 22202. DEFINITIONS. 
In this part: 
(1) 
COMPETITIVE
INTEGRATED
EMPLOY-
MENT.—The term ‘‘competitive integrated employ-
ment’’ has the meaning given such term in section 
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215 
7(5) of the Rehabilitation Act of 1973 (29 U.S.C. 
705(5)). 
(2) EMPLOYEE; EMPLOYER.—The terms ‘‘em-
ployee’’ and ‘‘employer’’ have the meanings given 
such terms in section 3 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203). 
(3) INTEGRATED
COMMUNITY
PARTICIPATION 
AND
WRAPAROUND
SERVICES; INTEGRATED
SERV-
ICES.—The terms ‘‘integrated community participa-
tion and wraparound services’’ or ‘‘integrated serv-
ices’’ mean services for people with disabilities that 
are— 
(A) designed to assist such people in devel-
oping skills and abilities to reside successfully 
in home and community-based settings; 
(B) provided in accordance with a person- 
centered written plan of care; 
(C) created using evidence-based practices 
that lead to such people— 
(i) maintaining competitive integrated 
employment; 
(ii) achieving independent living; or 
(iii) maximizing socioeconomic self- 
sufficiency, optimal independence, and full 
participation in the community; 
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216 
(D) provided in a community location that 
is not specifically intended for people with dis-
abilities; 
(E) provided in a location that— 
(i) allows the people receiving the 
services to interact with people without dis-
abilities to the fullest extent possible; and 
(ii) makes it possible for the people 
receiving the services to access community 
resources that are not specifically intended 
for people with disabilities and to have the 
same opportunity to participate in the 
community as people who do not have a 
disability; and 
(F) provided in multiple locations to allow 
the individual receiving the services to have op-
tions, thereby— 
(i) optimizing individual initiative, au-
tonomy, and independence; and 
(ii) facilitating choice regarding serv-
ices and supports, and choice regarding the 
provider of such services. 
(4) PEOPLE
WITH
DISABILITIES.—The term 
‘‘people with disabilities’’ includes individuals de-
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217 
scribed in section 14(c)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 214(c)(1)). 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203)). 
PART 4—RECRUITMENT, EDUCATION AND TRAIN-
ING, RETENTION, AND CAREER ADVANCE-
MENTS FOR THE DIRECT CARE WORKFORCE 
SEC. 22301. DEFINITIONS. 
In this part: 
(1) CTE DEFINITIONS.—The terms ‘‘evidence- 
based’’ and ‘‘work-based learning’’ have the mean-
ings given such terms in section 3 of the Carl D. 
Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302). 
(2) WIOA
DEFINITIONS.—The terms ‘‘career 
pathway’’, ‘‘career planning’’, ‘‘individual with a bar-
rier to employment’’, ‘‘local board’’, ‘‘older indi-
vidual’’, ‘‘on-the-job training’’, ‘‘recognized postsec-
ondary credential’’, and ‘‘State board’’ have the 
meanings given such terms in section 3 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3102). 
(3) OTHER DEFINITIONS.— 
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218 
(A) CAREER AND TECHNICAL EDUCATION 
SCHOOL.—The term ‘‘career and technical edu-
cation school’’ has the meaning given the term 
‘‘eligible recipient’’ in section 3 of the 3 of the 
Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302). 
(B) DIRECT
CARE
WORKER.—The term 
‘‘direct care worker’’ means— 
(i) a direct support professional; 
(ii) any worker who provides direct 
care services in home or community-based 
setting; 
(iii) a respite care provider who pro-
vides short-term support and care to an in-
dividual in order to provide relief to a fam-
ily caregiver; 
(iv) a palliative care worker; 
(v) a direct care worker, as defined in 
section 799B of the Public Health Service 
Act (42 U.S.C. 795p); or 
(vi) an individual in any other position 
or job related to those described in clauses 
(i) through (vi), as determined by the Sec-
retary in consultation with the Secretary of 
Health 
and 
Human 
Services 
acting 
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219 
through the Administrator for the Admin-
istration for Community Living. 
(C) ELIGIBLE ENTITY.—The term ‘‘eligible 
entity’’ means an entity that is— 
(i) a State; 
(ii) a labor organization, a joint labor- 
management organization, or a Multi-Em-
ployer Training and Education Fund; 
(iii) a nonprofit organization with ex-
perience in aging, disability, supporting the 
rights and interests of direct care workers, 
or training or educating direct care work-
ers; 
(iv) an Indian Tribe or Tribal organi-
zation (as defined in section 4 of the In-
dian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304)); 
(v) an urban Indian organization (as 
defined in section 4 of the Indian Health 
Care Improvement Act (25 U.S.C. 1603)); 
(vi) a State board or local board; 
(vii) an area agency on aging (as de-
fined in section 102 of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3002)); 
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220 
(viii) when in partnership with an en-
tity described in any of clauses (i) through 
(vii)— 
(I) an institution of higher edu-
cation (as defined in section 101 of 
the Higher Education Act of 1965 (20 
U.S.C. 1001) or section 102(a)(1)(B) 
of 
such 
Act 
(20 
U.S.C. 
1002(a)(1)(B))); or 
(II) a career and technical edu-
cation school; or 
(ix) a consortium of entities listed in 
any of clauses (i) through (vii). 
(D) FAMILY CAREGIVER.—The term ‘‘fam-
ily caregiver’’ means a paid or unpaid adult 
family member or other individual who has a 
significant relationship with, and who provides 
a broad range of assistance to, an individual 
with a chronic or other health condition, dis-
ability, or functional limitation. 
(E) HOME AND COMMUNITY-BASED SERV-
ICES.—The term ‘‘home and community-based 
services’’ has the meaning given such term in 
section 9817(a)(2) of the American Rescue 
Plan Act of 2021 (Public Law 117–2). 
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221 
(F) PERSON
WITH
A
DISABILITY.—The 
term ‘‘person with a disability’’ means an indi-
vidual with a disability as defined in section 3 
of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12102). 
(G) PRE-APPRENTICESHIP PROGRAM.—The 
term ‘‘pre-apprenticeship program’’ means a 
program that articulates to a registered appren-
ticeship program. 
(H) REGISTERED
APPRENTICESHIP
PRO-
GRAM.—The term ‘‘registered apprenticeship 
program’’ means an apprenticeship program 
registered under the Act of August 16, 1937 
(commonly known as the ‘‘National Apprentice-
ship Act’’; 50 Stat. 664, chapter 663; 29 
U.S.C. 50 et seq.). 
(I) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Labor. 
(J) STATE.—The term ‘‘State’’ means 
each of the 50 States of the United States, the 
District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the 
United States Virgin Islands, and the Common-
wealth of the Northern Mariana Islands. 
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SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORK-
FORCE. 
(a) GRANTS AUTHORIZED.—In addition to amounts 
otherwise available, there is appropriated to the Secretary 
for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $1,480,000,000, to remain 
available until September 30, 2031, for awarding, on a 
competitive basis, grants to eligible entities to carry out 
the activities described in subsection (c) with respect to 
direct care workers. 
(b) APPLICATIONS; AWARD BASIS.— 
(1) APPLICATIONS.— 
(A) IN GENERAL.—An eligible entity seek-
ing a grant under subsection (a) shall submit to 
the Secretary an application at such time, in 
such manner, and containing such information 
as the Secretary, in coordination with the Sec-
retary of Health and Human Services acting 
through the Administrator of the Administra-
tion for Community Living, may require. 
(B) CONTENTS.—Each application under 
subparagraph (A) shall include— 
(i) a description of the type or types 
of direct care workers the entity plans to 
serve through the activities supported by 
the grant; 
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(ii) a description of the one or more 
eligible partnering entities collaborating to 
carry out the activities described in sub-
section (c); 
(iii) an assurance that— 
(I) the eligible entity will estab-
lish a consultative process, as de-
scribed in subsection (c)(2); and 
(II) the eligible entity will consult 
on the implementation of the grant, or 
coordinate the activities of the grant, 
with the agencies in the State that are 
responsible for developmental dis-
ability 
services, 
aging, 
education, 
workforce development, and Medicaid, 
to the extent that each such entity is 
not the eligible entity; and 
(iv) a plan for ensuring that the eligi-
ble entity will remain neutral in any orga-
nizing effort involving direct care workers 
served by the grant who seek to form, join, 
or assist a labor organization. 
(2) 
CONSIDERATION.—In 
awarding 
grants 
under subsection (a), the Secretary, in coordination 
with the Secretary of Health and Human services 
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224 
acting through the Administrator of the Administra-
tion for Community Living, shall ensure equitable 
geographic diversity in distribution of the grants, in-
cluding by selecting recipients in rural areas and se-
lecting recipients in urban areas. 
(3) DURATION OF GRANTS.—A grant awarded 
under this section shall be for a period of 3 years, 
and may be renewed. The Secretary, in coordination 
with the Secretary of Health and Human Services 
acting through the Administrator of the Administra-
tion for Community Living, shall award grants (in-
cluding any renewals) under this section in 3-year 
cycles subject to the limits set forth in subsection 
(a). 
(c) USE OF FUNDS.— 
(1) IN GENERAL.— 
(A) REQUIRED USE OF FUNDS.—Each eli-
gible entity receiving a grant under subsection 
(a) shall use the grant funds to provide com-
petitive wages, benefits, and other supportive 
services, including transportation, child care, 
dependent care, workplace accommodations, 
and workplace health and safety protections, to 
the direct care workers served by the grant that 
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225 
are necessary to enable such workers to partici-
pate in the activities supported by the grant. 
(B) ADDITIONAL ACTIVITIES.—In addition 
to the requirement described in subparagraph 
(A), each eligible entity receiving a grant under 
subsection (a) shall use the grant funds for one 
or more of the following activities: 
(i) Developing and implementing a 
strategy for the recruitment of direct care 
workers. 
(ii) Developing and implementing a 
strategy for the retention of direct care 
workers using evidence-based best prac-
tices, such as providing mentoring to such 
workers. 
(iii) Developing or implementing an 
education and training program for the di-
rect care workers served by the grant, 
which shall include— 
(I) education and training on— 
(aa) the rights of direct care 
workers under applicable Fed-
eral, State, or local employment 
law on— 
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(AA) wages and hours, 
including under the Fair 
Labor Standards Act of 
1938 (29 U.S.C. 201 et 
seq.); 
(BB) safe working con-
ditions, including under the 
Occupational 
Safety 
and 
Health Act of 1970 (29 
U.S.C. 651 et seq.); 
(CC) forming, joining, 
or assisting a labor organi-
zation, including under the 
National 
Labor 
Relations 
Act (29 U.S.C. 153 et seq.); 
and 
(DD) other applicable 
terms and conditions of em-
ployment; and 
(bb) relevant Federal and 
State laws (including regulations) 
on the provision of home and 
community-based services; and 
(II) providing a progressively in-
creasing, clearly defined schedule of 
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hourly wages to be paid to each direct 
care worker served by the grant for 
each hour the worker spends on edu-
cation or training provided through 
the program described in this clause, 
with a schedule of hourly wages 
that— 
(aa) is consistent with meas-
urable skill gains or attainment 
of a recognized postsecondary 
credential received as a result of 
participation in or completion of 
such education or training pro-
gram; and 
(bb) ensures that each such 
worker is compensated for each 
hour the worker spends on edu-
cation or training through such 
program at an entry rate that is 
not less than the greater of the 
applicable minimum wage re-
quired by other applicable Fed-
eral, State, or local law, or a col-
lective bargaining agreement; 
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228 
(III) 
developing 
and 
imple-
menting a strategy for the retention 
and career advancement of the direct 
care workers served by the grant, in-
cluding providing career planning for 
the direct care workers served by the 
grant to support the identification of 
advancement opportunities, and career 
pathways in the direct care or home 
care sectors; and 
(IV) using evidence-based models 
and standards for achievement for the 
attainment of any associated recog-
nized postsecondary credentials, which 
include— 
(aa) supporting opportuni-
ties to participate in pre-appren-
ticeship or registered apprentice-
ship programs, work-based learn-
ing, or on-the-job training; 
(bb) providing on-the-job su-
pervision or mentoring to support 
the development of related skills 
and 
competencies 
throughout 
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completion of such credentials; 
and 
(cc) training on the in-de-
mand skills and competencies of 
direct care workers served by the 
grant, including the provision of 
culturally competent and dis-
ability competent supports and 
services. 
(2) CONSULTATION.—Each eligible entity re-
ceiving a grant under this section shall consult in 
the development and implementation of the grant 
with— 
(A) individuals with disabilities; 
(B) older individuals; 
(C) direct care workers; 
(D) family caregivers, guardians, or family 
members; or 
(E) representatives of— 
(i) organizations representing the 
rights and interests of people receiving 
home and community-based services; 
(ii) provider agencies or employers of 
direct care workers served by the grant; 
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230 
(iii) labor or joint labor-management 
organizations, or advocacy organizations, 
representing direct care workers served by 
the grant; or 
(iv) institutions of higher education or 
career and technical education schools pro-
viding education and training on direct 
care. 
(d) SUPPLEMENT AND NOT SUPPLANT.—An eligible 
entity receiving a grant under this section shall use such 
grant only to supplement, and not supplant, the amount 
of funds that, in the absence of such grant, would be avail-
able to the eligible entity to address the recruitment, edu-
cation and training, retention, or career advancement of 
direct care workers in the State served by the grant. 
PART 
5—WORKFORCE 
DEVELOPMENT 
PRO-
GRAMS IN SUPPORT OF COMMUNITIES AND 
THE ENVIRONMENT 
SEC. 22401. CORPORATION FOR NATIONAL AND COMMU-
NITY SERVICE. 
(a) IN GENERAL.— 
(1) AMERICORPS STATE AND NATIONAL PRO-
GRAMS.— 
(A) IN GENERAL.—In addition to amounts 
otherwise made available, there is appropriated 
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for fiscal year 2023, out of any money in the 
Treasury not otherwise appropriated, to the 
Corporation for National and Community Serv-
ice, $1,305,000,000, to remain available until 
September 30, 2027, for carrying out national 
service programs authorized under section 
122(a)(3)(B) of the National and Community 
Service 
Act 
of 
1990 
(42 
U.S.C. 
12572(a)(3)(B)) 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 to support national service 
programs authorized under the AmeriCorps 
State and National program (whether or not 
the entities are already grant recipients under 
such provisions on the date of enactment of this 
Act) and to increase the living allowances of 
participants in national service programs. 
(B) WAIVER
OF
MATCHING
REQUIRE-
MENT.—For the purposes of carrying out this 
subparagraph, the Corporation shall waive any 
match requirement in whole or in part where a 
grantee demonstrates such waiver would in-
crease access and remove barriers for organiza-
tions that serve communities that are adversely 
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affected by persistent poverty, discrimination, 
or inequality. 
(2) NATIONAL CIVILIAN COMMUNITY CORPS.— 
In addition to amounts otherwise made available, 
there is appropriated for fiscal year 2023, out of any 
money in the Treasury not otherwise appropriated, 
to the Corporation for National and Community 
Service, $80,000,000, to remain available until Sep-
tember 30, 2027, for carrying out the National Civil-
ian Community Corps authorized under section 152 
of the National and Community Service Act of 1990 
(42 U.S.C. 12612). 
(3) VOLUNTEERS IN SERVICE TO AMERICA PRO-
GRAM.—In addition to amounts otherwise made 
available, there is appropriated for fiscal year 2023, 
out of any money in the Treasury not otherwise ap-
propriated, to the Corporation for National and 
Community Service, $100,000,000, to remain avail-
able until September 30, 2027, for carrying out the 
Volunteers in Service to America (VISTA) program 
for the purposes described in section 101 of the Do-
mestic Volunteer Service Act of 1973 (42 U.S.C. 
4951), including to increase the living allowances of 
volunteers, described in section 105(b) of such Act 
(42 U.S.C. 4955). 
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(4) STATE
COMMISSIONS.—In addition to 
amounts otherwise made available, there is appro-
priated for fiscal year 2023, out of any money in the 
Treasury not otherwise appropriated, to the Cor-
poration for National and Community Service, 
$40,000,000, to remain available until September 
30, 2027, to make adjustments to existing (as of the 
date of enactment of this Act) awards and new and 
additional awards, including awards to State Com-
missions on National and Community Service, under 
section 126(a) of the National and Community Serv-
ice Act of 1990 (42 U.S.C. 12576(a)). 
(5) USE OF FUNDS.—Amounts made available 
under paragraphs (1) through (4) shall be used by 
the Corporation for National and Community Serv-
ice to carry out activities described in section 
122(a)(3)(B) of the National and Community Serv-
ice Act of 1990 (42 U.S.C. 12572(a)(3)(B)) and for 
activities related to environmental resiliency, remedi-
ation, or mitigation by— 
(A) ensuring at least 50 percent of such 
funds are awarded to entities that serve, and 
have representation from, low-income commu-
nities, Tribal, Alaska Native, or Native Hawai-
ian communities, or communities experiencing 
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234 
(or at risk of experiencing) adverse health and 
environmental conditions; 
(B) taking into account the diversity of 
communities served by such entities and the di-
versity of AmeriCorps members serving in these 
projects, including racial, ethnic, socioeconomic, 
linguistic, or geographic diversity, and utilizing 
culturally competent and multilingual strategies 
in the provision of services to communities and 
in the recruitment of members; 
(C) supporting projects that are planned 
and implemented with the community served by 
such activities; 
(D) providing participants with workforce 
development opportunities such as pre-appren-
ticeship programs that articulate to registered 
apprenticeships, and pathways to post-service 
employment in high-quality jobs or registered 
apprenticeships; and 
(E) coordinating with and providing re-
sources to the Departments of Labor and Edu-
cation to improve the readiness of participants 
to transition to high-quality jobs or further edu-
cation. 
(b) ADMINISTRATIVE COSTS.— 
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(1) IN GENERAL.—In addition to amounts oth-
erwise made available, there is appropriated for fis-
cal year 2022, out of any money in the Treasury not 
otherwise appropriated, to the Corporation for Na-
tional and Community Service, $199,650,000, to re-
main available until September 30, 2027, which 
shall be used for administrative expenses as provided 
under section 501(a)(5) of the National and Com-
munity Service Act of 1990 (42 U.S.C. 12681(a)(5)) 
and under section 504(a) of the Domestic Volunteer 
Service Act of 1973 (42 U.S.C. 5084(a)), including 
an evaluation of the Corporation’s information tech-
nology security, corrective actions to address rec-
ommendations arising from audits of the agency and 
the National Service Trust, and, in consultation with 
the Inspector General, the development of grant 
fraud prevention and detection controls and risk- 
based anti-fraud grant monitoring. Not less than 5 
percent of funds under this paragraph shall be re-
served for outreach to and recruitment of members 
from communities traditionally underrepresented in 
the programs and activities funded under this sec-
tion. 
(2) PROJECT, OPERATIONS, AND MANAGEMENT 
PLAN.—In addition to amounts otherwise made 
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available, there is appropriated for fiscal year 2022, 
out of any money in the Treasury not otherwise ap-
propriated, to the Corporation for National and 
Community Service, $350,000, to remain available 
until September 30, 2023, which shall be used by 
the Chief Executive Officer of the Corporation for 
National and Community Service in collaboration 
with the Department of Labor, to develop, issue, and 
implement a project, operations, and management 
plan for funds appropriated under this section. In 
developing the financial management portion of the 
plan, the Chief Executive Officer shall consult with 
the Inspector General. Such plan shall be provided 
to the Committee on Education and Labor of the 
House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Sen-
ate prior to obligating funds or making outlays for 
funds appropriated under subsection (a). 
(c) OFFICE OF INSPECTOR GENERAL.—In addition 
to amounts otherwise made available, there is appro-
priated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, to the Office of In-
spector General of the Corporation for National and Com-
munity Service, $15,000,000 to remain available until 
September 30, 2030, which shall be used by the Office 
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of Inspector General of the Corporation for National and 
Community Service for salaries and expenses necessary for 
oversight and audit of programs, activities and operations 
funded under this section. 
(d) NATIONAL SERVICE TRUST.—In addition to 
amounts otherwise made available, there is appropriated 
for fiscal year 2023, out of any money in the Treasury 
not otherwise appropriated, to the National Service Trust, 
$260,000,000, to remain available until expended, for— 
(1) administration of the National Service 
Trust; and 
(2) payment to the Trust for the provision of 
educational awards pursuant to section 145(a)(1)(A) 
and section 148 of the National and Community 
Service Act of 1990 (42 U.S.C. 12601(a)(1)(A); 
12604). 
SEC. 22402. DEPARTMENT OF LABOR. 
(a) IN GENERAL.— 
(1) YOUTHBUILD
PROGRAM.—In addition to 
amounts otherwise made available, there is appro-
priated for fiscal year 2023, out of any money in the 
Treasury not otherwise appropriated, to the Depart-
ment of Labor, $250,000,000, to remain available 
until September 30, 2027, except that no amounts 
may be expended after September 30, 2031, for the 
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YouthBuild 
program 
authorized 
under 
section 
171(c)(1) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3226(c)(1)), including for the 
purposes of improving and expanding access to serv-
ices, stipends, wages, and benefits described in sub-
sections (c)(2)(A)(vii) and (c)(2)(F) of section 171 
of such Act. 
(2) JOB
CORPS
PROGRAM.—In addition to 
amounts otherwise made available, there is appro-
priated for fiscal year 2023, out of any money in the 
Treasury not otherwise appropriated, to the Depart-
ment of Labor, $500,000,000, to remain available 
until September 30, 2030, except that no amounts 
may be expended after September 30, 2031, for the 
Job Corps program authorized under section 143 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3193 et seq.), including Civilian Conservation 
Centers as described in section 147(d)(1) of such 
Act (29 U.S.C. 3197) and for the purposes of im-
proving and expanding access to allowances and sup-
ports described in section 150 of such Act (29 
U.S.C. 3200). 
(3) EX-OFFENDER ACTIVITIES.—In addition to 
amounts otherwise made available, there is appro-
priated for fiscal year 2023, out of any money in the 
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239 
Treasury not otherwise appropriated, to the Depart-
ment of Labor, $500,000,000, to remain available 
until September 30, 2027, except that no amounts 
may be expended after September 30, 2031, for ex- 
offender activities under the authority of section 
169(b)(5) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3224(b)(5)). 
(4) APPRENTICESHIP PROGRAMS.—In addition 
to amounts otherwise made available, there is appro-
priated for fiscal year 2023, out of any money in the 
Treasury not otherwise appropriated, to the Depart-
ment of Labor, $1,000,000,000, to remain available 
until September 30, 2027, except that no amounts 
may be expended after September 30, 2031, to carry 
out activities through grants, cooperative agree-
ments, contracts or other arrangements, with States 
and other appropriate entities, including equity 
intermediaries and business and labor industry part-
ner intermediaries, to create or expand only appren-
ticeship programs registered under the Act of Au-
gust 16, 1937 (commonly known as the ‘‘National 
Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 
U.S.C. 50 et seq.), youth apprenticeship programs, 
and pre-apprenticeship programs articulating to ap-
prenticeship programs registered under such Act. 
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(5) PAID YOUTH EMPLOYMENT ACTIVITIES.—In 
addition to amounts otherwise made available, there 
is appropriated for fiscal year 2023, out of any 
money in the Treasury not otherwise appropriated, 
to the Department of Labor, $249,800,000, to re-
main available until September 30, 2030, except 
that no amounts may be expended after September 
30, 2031, for paid youth employment activities 
under the authority of section 169(b)(5) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3224(b)(5)) for in-school and out-of-school 
youth as defined in section 3 of such Act (29 U.S.C. 
3102). 
(b) USE OF FUNDS.—Amounts made available under 
paragraphs (1) through (8) of subsection (a) shall be used 
for activities to include training for careers in industry 
sectors and occupations related to environmental resil-
iency, remediation, or mitigation and activities to increase 
diversity within such industry sectors and occupations, 
taking into account the diversity of communities and par-
ticipants served by such programs, including racial, ethnic, 
socioeconomic, linguistic, or geographic diversity. 
(c) PROJECT, OPERATIONS, 
AND
MANAGEMENT 
PLAN.—In addition to amounts otherwise made available, 
there is appropriated for fiscal year 2022, out of any 
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money in the Treasury not otherwise appropriated, to the 
Department of Labor, $200,000, to remain available until 
September 30, 2023, which shall be used by the Secretary 
of Labor in collaboration with the Chief Executive Officer 
of the Corporation for National and Community Service, 
to develop and issue a project, operations, and manage-
ment plan for funds appropriated under this section. Such 
plan shall be provided to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
prior to obligating funds or making outlays for funds ap-
propriated under subsection (a). 
PART 6—DEPARTMENT OF LABOR INSPECTOR 
GENERAL FUNDING 
SEC. 22501. DEPARTMENT OF LABOR INSPECTOR GENERAL 
FUNDING. 
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, 
$100,000,000, 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 subtitle and subtitle 
B of this title. 
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Subtitle D—Child Care and 
Universal Pre-Kindergarten 
SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY 
LEARNING ENTITLEMENT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Birth Through Five Child Care and Early Learning En-
titlement Act’’. 
(b) DEFINITIONS.— 
(1) IN
GENERAL.—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 subparagraph (2) 
and as otherwise specified. 
(2) ADDITIONAL TERMS.—In this section: 
(A) CHILD CARE CERTIFICATE.— 
(i) IN
GENERAL.—The term ‘‘child 
care certificate’’ means a certificate (that 
may be a check or other disbursement) 
that is issued by a State or local govern-
ment under this section directly to a par-
ent who may use such certificate only as 
payment for child care services or as a de-
posit for child care services if such a de-
posit is required of other children being 
cared for by the provider. 
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(ii) RULE.—Nothing in this section 
shall preclude the use of such certificates 
for sectarian child care services if freely 
chosen by the parent. For the purposes of 
this section, child care certificates shall be 
considered Federal financial assistance to 
the provider. 
(B) CHILD
EXPERIENCING
HOMELESS-
NESS.—The term ‘‘child experiencing homeless-
ness’’ means an individual who is a homeless 
child or youth under section 725 of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 
11434a). 
(C) ELIGIBLE ACTIVITY.—The term ‘‘eligi-
ble activity’’, with respect to a parent, shall in-
clude, at minimum, activities consisting of— 
(i) full-time or part-time employment; 
(ii) self-employment; 
(iii) job search activities; 
(iv) job training; 
(v) secondary, postsecondary, or adult 
education, including education through a 
program of high school classes, a course of 
study at an institution of higher education, 
classes towards an equivalent of a high 
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school diploma recognized by State law, or 
English as a second language classes; 
(vi) health treatment (including men-
tal health and substance use treatment) for 
a condition that prevents the parent from 
participating in other eligible activities; 
(vii) activities to prevent child abuse 
and neglect, or family violence prevention 
or intervention activities; 
(viii) employment and training activi-
ties under the supplemental nutrition as-
sistance program established under the 
Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.); 
(ix) employment and training activi-
ties under the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3101) 
(x) work activities under the program 
of block grants to States for temporary as-
sistance for needy families under part A of 
title IV of the Social Security Act (42 
U.S.C. 601 et seq.); and 
(xi) taking leave under the Family 
and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.) (or equivalent provisions for 
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Federal employees), a State or local paid 
or unpaid leave law, or a program of em-
ployer-provided leave. 
(D) ELIGIBLE CHILD.—The term ‘‘eligible 
child’’ means an individual (without regard to 
the immigration status of the individual or of 
any parent of the individual)— 
(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 115 percent 
of such State median income for fiscal 
year 2023; 
(III) does not exceed 130 percent 
of such State median income for fiscal 
year 2024; and 
(IV) for each of the fiscal years 
2025 through 2027, is of any level; 
(iv) whose family assets do not exceed 
$1,000,000 (as certified by a member of 
such family); and 
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(v) who— 
(I) resides with a parent partici-
pating in an eligible activity; 
(II) is included in a population of 
vulnerable children identified by the 
lead agency involved, which at a min-
imum shall include children experi-
encing homelessness, children in foster 
care, children in kinship care, and 
children who are receiving, or need to 
receive, child protective services; or 
(III) resides with a parent who is 
more than 65 years of age. 
(E) ELIGIBLE CHILD CARE PROVIDER.— 
(i) IN GENERAL.—The term ‘‘eligible 
child care provider’’ means a center-based 
child care provider, a family child care pro-
vider, or other provider of child care serv-
ices for compensation that— 
(I) is licensed to provide child 
care services under State law; 
(II) participates in the State’s 
tiered system for measuring the qual-
ity of child care providers described in 
subsection(f)(4)(B)— 
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(aa) not later than the last 
day of the third fiscal year for 
which the State receives funds 
under this section; and 
(bb) for the remainder of 
the period for which the provider 
receives funds under this section; 
and 
(III) satisfies the State and local 
requirements applicable to eligible 
child care providers under the Child 
Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9857 et seq.), 
including 
those 
requirements 
de-
scribed in section 658E(c)(2)(I) of 
such Act (42 U.S.C. 9858c(c)(2)(I)). 
(ii) SPECIAL RULE.—A child care pro-
vider who has been eligible to provide child 
care services in a State for children receiv-
ing assistance under the Child Care and 
Development Block Grant Act of 1990 (42 
U.S.C. 9857 et seq.) on the date the State 
submits an application for funds under this 
section and remains in good standing with 
the State, shall be deemed to be an eligible 
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child care provider under this section for 3 
years after the State receives funding 
under this section. 
(F) FMAP.—The term ‘‘FMAP’’ has the 
meaning given the term ‘‘Federal medical as-
sistance percentage’’ in the first sentence of 
section 1905(b) of the Social Security Act (42 
U.S.C. 1396d(b)). 
(G) FAMILY
CHILD
CARE
PROVIDER.— 
Family child care provider means one or more 
individuals who provide child care services less 
than 24 hours per day per child, in a private 
residence other than the residences of the chil-
dren, unless care for 24 hours is provided due 
to the nature of the parent(s)’ work. 
(H) INCLUSIVE CARE.—The term ‘‘inclu-
sive’’, with respect to care (including child 
care), means care provided by an eligible child 
care provider— 
(i) for whom the percentage of chil-
dren served by the provider who are chil-
dren with disabilities or infants or toddlers 
with disabilities reflects the prevalence of 
children with disabilities and infants and 
toddlers with disabilities (whichever the 
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provider serves) among children within the 
State involved; and 
(ii) that provides care and full partici-
pation for children with disabilities and in-
fants and toddlers with disabilities (which-
ever the provider serves) alongside children 
who are— 
(I) not children with disabilities; 
and 
(II) not infants and toddlers with 
disabilities. 
(I) INFANT OR TODDLER.—The term ‘‘in-
fant or toddler’’ means an individual who is less 
than 3 years of age. 
(J) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘‘infant or toddler with a 
disability’’ has the meaning given the term in 
section 632 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1432). 
(K) LEAD AGENCY.—The term ‘‘lead agen-
cy’’ means the agency designated or established 
under subsection (e). 
(L) STATE.—The term ‘‘State’’ means any 
of the 50 States and the District of Columbia. 
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(M) TERRITORY.—The term ‘‘territory’’ 
means the Commonwealth of Puerto Rico, the 
Virgin Islands of the United States, Guam, 
American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
(N) TRIBAL
ORGANIZATION.—The term 
‘‘Tribal organization’’ has the meaning given 
the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 450b). 
(O) URBAN INDIAN ORGANIZATION.—The 
term ‘‘Urban Indian organization’’ has the 
meaning given the term in section 4 of the In-
dian Health Care Improvement Act (25 U.S.C. 
1603). 
(c) APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated to the Depart-
ment of Health and Human Services, out of any 
money in the Treasury not otherwise appropriated, 
for carrying out this section— 
(A) $20,000,000,000 for fiscal year 2022, 
to remain available until September 30, 2025, 
(B) $30,000,000,000 for fiscal year 2023, 
to remain available until September 30, 2026 
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(C) $40,000,000,000 for fiscal year 2024, 
to remain available until September 30, 2027; 
(D) such sums as may be necessary for 
each of fiscal years 2025 through 2027, to re-
main available for one fiscal year. 
(2) ADMINISTRATION.— 
(A) FISCAL YEARS 2022 THROUGH 2024.— 
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, 
$130,000,000 for each of fiscal years 2022, 
2023, and 2024, to carry out subsection (k). 
Amounts appropriated by the preceding sen-
tence shall be available for one fiscal year. 
(B) FISCAL YEARS 2025 THROUGH 2027.— 
From the amounts appropriated under sub-
section (a), the Secretary shall reserve, to carry 
out subsection (k), up to 1 percent of such 
amounts for each of fiscal years 2025, 2026, 
and 2027, which shall be in addition to 
amounts otherwise available for this purpose. 
Amounts appropriated by the preceding sen-
tence shall be available for one fiscal year. 
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(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 families, in States, terri-
tories, and Indian Tribes with an approved applica-
tion under subsection (f) or (g), shall be provided an 
opportunity to obtain high-quality child care services 
for eligible children, subject to the requirements of 
this section. 
(2) 
ASSISTANCE
FOR
EVERY
ELIGIBLE 
CHILD.—Beginning on October 1, 2024, every family 
who applies for assistance under this section with re-
spect to a child in a State with an approved applica-
tion under subsection (g), or in a territory or Indian 
tribe with an approved application under subsection 
(f), and who is determined, by a lead agency (or 
other entity designated by a lead agency) following 
standards and procedures established by the Sec-
retary by rule, to be an eligible child, shall be offered 
child care assistance 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 to receive as-
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