Five Freedoms for America’s Children Act

Bill: 117-s-3088
Sponsor: full_name: Sen. Casey, Robert P., Jr. [D-PA]
Introduced: 2021-10-27
Policy area: Social Welfare
Latest action: action_date: 2021-10-27
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2021-10-27
action_desc: Introduced in Senate
text: <p><strong>Five Freedoms for America's Children Act</strong></p> <p>This bill establishes and modifies programs concerning children's health, financial security, education, nutrition, and welfare. Among other changes, the bill (1) provides for the automatic enrollment of all children under the age of 19 in Medicaid; (2) establishes savings accounts, and provides for annual deposits of federal funds into these accounts, for children of income-eligible parents; (3) provides mandatory funding for the Head Start Program; (4) facilitates the participation of income-eligible children in school-based nutrition programs through certain automatic certifications; and (5) establishes grant programs to address institutional and systemic child abuse.</p>         <p>

tv_txt: II 117th CONGRESS 1st Session S. 3088 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To ensure America's children have the freedom to be healthy, to be economically secure, to learn, to not be hungry, and to be safe from harm.

1. Short title This Act may be cited as the Five Freedoms for America’s Children Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Freedom to be Healthy Sec. 101. Medicaid for all children from birth to age 19. TITLE II—Freedom to be Economically Secure Sec. 201. Establishment of child savings account program. TITLE III—Freedom to Learn Sec. 301. Increased mandatory funding for child care. Sec. 302. Mandatory appropriations for Head Start Act. Sec. 303. Enhancement of Child and Dependent Care Tax Credit. TITLE IV—Freedom from hunger Sec. 401. Mandatory direct certification. Sec. 402. Direct certification for children receiving Social Security income. Sec. 403. Retroactive reimbursement. Sec. 404. Universal Medicaid direct certification. Sec. 405. Universal meal service in high poverty areas. Sec. 406. Statewide free universal school meals demonstration projects. TITLE V—Freedom to be Safe from Harm Subtitle A—Funding for the Child Abuse Prevention and Treatment Act Sec. 501. Additional CAPTA funding. Subtitle B—Funding for Grants To Protect Children from Institutional and Systemic Abuse Sec. 511. Purpose. Sec. 512. Definitions. Sec. 513. Grant program. I Freedom to be Healthy 101. Medicaid for all children from birth to age 19 (a) In general Section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ) is amended— (1) by striking or at the end of subclause (VIII); (2) in subclause (IX)(dd), by inserting or at the end; and (3) by adding at the end the following new subclause: (X) beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act , who are individuals who have not attained 19 years of age; . (b) Automatic enrollment Section 1902(e) of the Social Security Act is amended by striking paragraph (4) and inserting the following: (4) Automatic enrollment of children (A) In general Any child born in a State on or after the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act shall be considered to have applied for medical assistance under the State plan and shall be automatically enrolled for such assistance on the date of their birth. (B) Notification requirement The State shall inform the parent, guardian, or custodial relative of a child who is automatically enrolled in the State plan under subparagraph (A) of the services that will be covered, appropriate methods for using such services, medical support obligations (under section 1912(a)) created by enrollment (if applicable), the actions the parent, guardian, or relative must take (if any) to maintain enrollment, and the actions the parent, guardian, or relative may take to disenroll the child. (C) Opt-out if other coverage is available The State shall establish a process to allow the parent, guardian, or custodial relative of a child who is automatically enrolled in the State plan under subparagraph (A) to disenroll the child from the State plan through affirmation in writing if the child is enrolled in other health benefits coverage that— (i) at a minimum, provides the essential health benefits defined by the Secretary under section 1302(b) of the Patient Protection and Affordable Care Act; and (ii) meets such other requirements as the Secretary determines appropriate. . (c) Exclusion from definition of minimum essential coverage Section 36B(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Treatment of certain coverage under the Medicaid program For purposes of subparagraph (B), an individual shall not be treated as eligible for minimum essential coverage if— (i) such coverage consists of eligibility for medical assistance under a State Medicaid program under section 1902(a)(10)(A)(i)(X) of the Social Security Act; and (ii) the individual is not enrolled in such a program for such medical assistance. . (d) Coverage of children without regard to immigration status Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) ) is amended— (1) in paragraph (1), by striking and (4) and inserting , (4), and (5) ; (2) in paragraph (4)(A)(ii)— (A) in the clause header, by inserting aged 19 to 20 after Children ; and (B) by inserting who have attained 19 years of age but are before under 21 years of age ; and (3) by adding at the end the following paragraph: (5) (A) Notwithstanding any other provision of law, on and after the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act , a State shall provide medical assistance under this title to any individual residing in the United States who is eligible for medical assistance under section 1902(a)(10)(A)(i)(X), without regard to whether the individual is lawfully residing in the United States. (B) No debt shall accrue under an affidavit of support against any sponsor of an individual provided medical assistance in accordance with subparagraph (A) and the cost of such assistance shall not be considered as an unreimbursed cost. . (e) Conforming amendments (1) Section 1137(f) of the Social Security Act ( 42 U.S.C. 1320b–7(f) ) is amended by inserting or to individuals who are eligible for medical assistance under section 1902(a)(10)(A)(i)(X) and are provided such assistance in accordance with section 1903(v)(5) before the period. (2) Section 2107(e)(1)(N) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(N) ) is amended by inserting who have attained age 19 or 20 after immigrant children . (f) 100 percent Federal matching payments for medical assistance for children (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (b), by striking and (ii) and inserting (ii), and (jj) ; and (B) by adding at the end the following new subsection: (jj) Enhanced FMAP for certain children Notwithstanding subsection (b), beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act , the Federal medical assistance percentage shall be 100 percent with respect to amounts expended by a State for medical assistance for individuals— (1) who are eligible for medical assistance under section 1902(a)(10)(A)(i)(X); and (2) who would not have been eligible for medical assistance for full benefits (as defined in subsection (y)(2)(B)) under the State plan under this title or a waiver of such plan as such plan or waiver was in effect on January 1, 2021. . (2) Conforming amendment Section 9817(a)(1) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended by striking or (ii) of section 1905 and inserting (ii), or (jj) of section 1905 . II Freedom to be Economically Secure 201. Establishment of child savings account program (a) Establishment of program The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the Federal Child Savings Account Program , which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. (b) Program specifications (1) In general (A) Savings accounts The Federal Child Savings Account Program established under this section shall— (i) permit the parent or guardian of an eligible individual to establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of the individual; (ii) establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of— (I) eligible individuals who are in foster care, in coordination with the Administration for Children and Families; and (II) other eligible individuals on whose behalf no account has been established by a parent or guardian under clause (i) as of the time the first deposit under paragraph (4)(A) is due to be made on behalf of such individuals, and notify such individuals of the establishment of such accounts; (iii) require the assets of each savings account established under the program to be held by the designated custodian; (iv) within the limitations of paragraph (3), permit contributions to be made periodically to such savings accounts by direct deposit through payroll deduction or by electronic means, and by methods that provide access for the unbanked; (v) provide for the annual deposit under paragraph (4) and the matching contributions under paragraph (5) to be made to such savings accounts, if applicable; (vi) as provided in subsection (c), permit distributions and rollovers from such savings accounts upon request of the parent or guardian of the individual on whose behalf the account is established before the individual has attained age 18, or upon request of such individual after such individual has attained age 18; (vii) include procedures to consolidate multiple accounts established for the same individual and return excess contributions on an annual basis, with notice provided to the parent or guardian of the individual (or, if appropriate, to the individual) and a procedure for resolution of disputes; and (viii) ensure that such savings accounts are invested solely in United States Treasury bonds. (B) Regulations, etc The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the Federal Child Savings Account Program, and are consistent with this section and section 529B of the Internal Revenue Code of 1986, including— (i) rules regarding the provision of periodic notices to individuals and parents or guardians of individuals, as appropriate, on whose behalf accounts are established under the program, including information on account balances and activity; (ii) rules regarding beneficiary designation in the case of the death of the individual on whose behalf an account was established; and (iii) coordination rules permitting savings accounts to be established under the Federal Child Savings Account Program in connection with State and local laws that provide contributions to savings accounts for residents. (C) Pilot program for deposits made with Federal partners The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. (2) No fees No fees shall be assessed on participants in the Federal Child Savings Account Program. (3) Limitations (A) Contribution minimum The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. (B) Contribution limitation (i) In general Contributions to a savings account under the Federal Child Savings Account Program during any taxable year (other than the contribution made under paragraph (4)) shall not be accepted to the extent such contributions exceed $2,500. (ii) Phaseout The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. (C) Limitation on participation Within a reasonable amount of time before the date an eligible individual attains age 17, the designated custodian shall provide notice to the eligible individual and the parent or guardian of the eligible individual that— (i) no deposits under paragraph (4) or (5) will be made for calendar years after the year in which the individual attains age 17; (ii) no further contributions made by any person will be accepted after the date the individual attains age 26; and (iii) the individual (or, as provided, the individual's parent or guardian) may elect to have the account balance rolled over or distributed as provided, and at the time specified, in subsection (c). (4) Annual deposit (A) In general Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. (B) Phaseout The $500 amount under subparagraph (A) shall be reduced (but not below zero) by $25 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $100,000. (C) Deposit on behalf of children in foster care At an appropriate time each year as determined by the Secretary of the Treasury in coordination with the Administration for Children and Families, such Secretary shall deposit $500 into the savings account established under such Program for any eligible individual in foster care in any State with respect to whom no deposit was made for such year under subparagraph (A). (5) Matching contributions If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (7) State For purposes of this section, the term State includes the District of Columbia, any possession of the United States, and any Indian tribe (as defined in section 45A(c)(6) of the Internal Revenue Code of 1986). (8) Deposit of matching contributions into Roth IRA If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. The permanent program shall provide for investment of account balances solely within United States Treasury bonds and shall not charge any fees to account owners. (9) Inflation adjustments (A) In general In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each be increased by an amount equal to— (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (10) Accounts may not be assigned An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. (11) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) increased by— (A) any amount excluded from gross income under section 911 of such Code; (B) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax; and (C) an amount equal to the portion of the taxpayer’s social security benefits (as defined in section 86(d) of such Code) which is not included in gross income under such section 86 for the taxable year. (c) Distributions from savings account (1) In general After the earlier of— (A) the date the individual on whose behalf the savings account under the Federal Child Savings Account Program was established attains age 26; or (B) the date such individual receives a bachelor's degree or associate's degree, or enlists in active duty military service of the United States, amounts in such account may be contributed in a direct transfer to a Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986) or a designated Roth account (within the meaning of section 402A of such Code) according to the rules of the Internal Revenue Code of 1986, or distributed to the individual in cash. (2) Distributions for higher education expenses Without regard to the date requirements of paragraph (1), a portion of the amount in a savings account established under the Federal Child Savings Account Program may be distributed in cash to the individual or to the parent or guardian of the individual for the payment of qualified higher education expenses of the individual at an eligible educational institution. The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. (3) Contribution to ABLE account Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). (4) Definitions Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible individual For purposes of this section, the term eligible individual means a child who has not attained age 18 and is a resident of the United States. (e) Treatment of accounts under certain Federal programs (1) Account funds disregarded for purposes of certain other means-tested Federal programs Notwithstanding any other provision of Federal law that requires consideration of one or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in an individual's account established under the Federal Child Savings Account Program, any contributions to such account, and any distribution (or portion thereof) which is exempt from the tax under section 529B(d)(3) of the Internal Revenue Code of 1986 shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such account, except that— (A) a distribution for qualified acquisition costs (within the meaning of section 529B(d)(3)(C)(ii) of such Code) shall not be so disregarded; and (B) any amount (including such earnings) in such account shall be considered a resource of the individual to the extent that such amount exceeds $100,000. (2) Suspension of SSI benefits during periods of excessive account funds (A) In general The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). (B) No impact on Medicaid eligibility An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (f) Disclosure of taxpayer information (1) In general Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information for purposes of administration of the Federal Child Savings Account Program The Secretary shall disclose to any officer or employee of the Department of the Treasury, as necessary for the administration of the Federal Child Savings Account Program established under section 201(a) of the Five Freedoms for America’s Children Act , return information relating to taxpayer identity, dependents, adjusted gross income, and whether the taxpayer has claimed the earned income credit under section 32 for the taxable year. . (2) Prohibition of redisclosure Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking or (21) and inserting (21), or (23) . (g) Child Savings Account Program Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 529A the following new section: 529B. Child Savings Account Program (a) General rule The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. (b) Federal Child Savings Account Program For purposes of this title, the term Federal Child Savings Account Program means the program established under section 201(a) of the Five Freedoms for America’s Children Act . (c) Treatment of contributions and earnings (1) In general No amount shall be includible in gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, with respect to any earnings under the program. (2) Governmental and matching contributions Gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, shall not include the amount of any deposit made to the individual's account under the program pursuant to section 201(b)(4)(A), 201(b)(4)(C), or 201(b)(5) of the Five Freedoms for America’s Children Act . (d) Treatment of distributions (1) In general Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 201(c) of the Five Freedoms for America’s Children Act . (2) Treatment of rollovers (A) Roth IRAs Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 201(c)(1) of the Five Freedoms for America’s Children Act shall be treated— (i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and (ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). (B) Designated Roth accounts Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 201(c)(1) of the Five Freedoms for America’s Children Act shall be treated— (i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and (ii) as having been contributed to such designated Roth account in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 402(c). (C) ABLE accounts Any contribution from the Federal Child Savings Account Program to an ABLE account permitted under section 201(c)(3) of the Five Freedoms for America’s Children Act shall be treated— (i) as a contribution from another ABLE account as described in section 529A(c)(1)(C)(i), and (ii) as having been contributed to such ABLE account within 60 days of the distribution for purposes of such section. (3) Tax on nonqualified use (A) In general The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. (B) Distributions from Roth IRA If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 201(c)(1) of the Five Freedoms for America’s Children Act , the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. (C) Qualified expenses For purposes of subparagraphs (A) and (B), the term qualified expenses means amounts paid or incurred by an individual— (i) as collateral required for a loan provided by the Small Business Administration, (ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or (iii) for qualified higher education expenses of the individual at an eligible educational institution. (4) Definitions Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. . (h) Clerical amendment The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 529A the following new item: Sec. 529B. Child Savings Account Program. . (i) Appropriation There is hereby appropriated to the Secretary of the Treasury, to remain available until spent without fiscal year limitation— (1) $100,000,000 for technology and technology systems necessary for the implementation and administration of the Federal Child Savings Account Program; (2) $25,000,000 for each fiscal year beginning with fiscal year 2022 for the administration of the Federal Child Savings Account Program; and (3) such sums as are necessary to make contributions to Federal Child Savings Accounts as required under paragraphs (4)(A), (4)(C), and (5) of subsection (c). III Freedom to Learn 301. Increased mandatory funding for child care (a) In general Section 418(a)(3) of the Social Security Act ( 42 U.S.C. 618(a)(3) ) is amended to read as follows: (3) Appropriation (A) In general For grants under this section, there are appropriated $10,000,000,000 for each fiscal year. (B) Indian tribes and tribal organizations The Secretary shall reserve not less than 3 percent, and not more than 5 percent, of the aggregate amount appropriated to carry out this section in each fiscal year for grants to Indian tribes and tribal organizations. (C) Territories The Secretary shall reserve not less than 2 percent, and not more than 4 percent, of the aggregate amount appropriated to carry out this section in each fiscal year for grants to territories. (D) States The Secretary shall use the remainder of the aggregate amount appropriated to carry out this section in each fiscal year, after the application of subparagraphs (B) and (C), for grants to States. . (b) Uses for increased funding Section 418 of such Act ( 42 U.S.C. 618 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c), the following: (d) Special rules for increased funding for states With respect to fiscal year 2022 and each fiscal year thereafter— (1) a State shall give priority to using the additional funds received by the State under this section for a fiscal year as a result of the amendment made by section 301(a) of the Five Freedoms for America’s Children Act for the provision of financial assistance for eligible children (which may include increased payment rates under section 658(e)(4)) of the Child Care and Development Block Grant Act of 1990, rather than for activities under section 658G of that Act or administrative activities; and (2) a State may only use such additional funds to supplement, and not supplant, funds for child care assistance or for other child-related initiatives that would, in the absence of such additional Federal funds, be made available from other Federal, State, and local sources for such assistance or initiatives. . (c) Conforming amendments Section 418(a) of such Act ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (2)(A), by striking after and inserting after the application of subparagraphs (B) and (C) of paragraph (3) and ; and (2) in paragraph (4)(E), by striking paragraph and inserting subsection . (d) Effective date The amendments made by this section take effect on October 1, 2021. 302. Mandatory appropriations for Head Start Act Section 639 of the Head Start Act ( 42 U.S.C. 9834 ) is amended to read as follows: 639. Mandatory appropriations (a) In general There are authorized to be appropriated, and there are appropriated, to carry out this subchapter (other than section 657B)— (1) for fiscal year 2022, $18,000,000,000; and (2) for each subsequent fiscal year, the amount that was applicable for the previous fiscal year, adjusted by the total percentage change that occurred in the Consumer Price Index for all Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor, for the 12-month period ending June 30 preceding the fiscal year. (b) Supplement, not supplant Funds available under subsection (a) to carry out this subchapter shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities supported under this subchapter. . 303. Enhancement of Child and Dependent Care Tax Credit (a) In general Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Applicable percentage (A) In general For purposes of paragraph (1), the term applicable percentage means 50 percent reduced (but not below the phaseout percentage) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $125,000. (B) Phaseout percentage For purposes of subparagraph (A), the term phaseout percentage means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $400,000. . (b) Increase in dollar limit on amount creditable Subsection (c) of section 21 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by striking $3,000 and inserting $8,000 ; and (2) in paragraph (2), by striking $6,000 and inserting $16,000 . (c) Special rule for married couples filing separate returns Paragraph (2) of section 21(e) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Married couples filing separate returns (A) In general In the case of married individuals who do not file a joint return for the taxable year— (i) the applicable percentage under subsection (a)(2) and the number of qualifying individuals and aggregate amount excludable under section 129 for purposes of subsection (c) shall be determined with respect to each such individual as if the individual had filed a joint return with the individual's spouse, and (ii) the aggregate amount of the credits allowed under this section for such taxable year with respect to both spouses shall not exceed the amount which would have been allowed under this section if the individuals had filed a joint return. (B) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary to carry out the purposes of this subsection. . (d) Adjustment for inflation Section 21 of the Internal Revenue Code of 1986 is amended— (1) by striking subsections (g) and (h); (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection: (f) Inflation adjustment (1) In general In the case of a calendar year beginning after 2022, the $125,000 amount in paragraph (2) of subsection (a) and the dollar amounts in subsection (c) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding If any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100. . (e) Credit To be refundable (1) In general The Internal Revenue Code of 1986 is amended— (A) by redesignating section 21 as section 36C; and (B) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Technical amendments (A) Paragraph (1) of section 23(f) of the Internal Revenue Code of 1986 is amended by striking 21(e) and inserting 36C(e) . (B) Paragraph (6) of section 35(g) of such Code is amended by striking 21(e) and inserting 36C(e) . (C) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (1)) is amended by striking this chapter and inserting this subtitle . (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (E) Paragraph (2) of section 129(b) of such Code is amended by striking section 21(d)(2) and inserting section 36C(d)(2) . (F) Paragraph (1) of section 129(e) of such Code is amended by striking section 21(b)(2) and inserting section 36C(b)(2) . (G) Subsection (e) of section 213 of such Code is amended by striking section 21 and inserting section 36C . (H) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking section 21 and inserting section 36C . (I) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking section 21, 24, or 32, and inserting section 24, 32, or 36C, . (J) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (K) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: Sec. 36C. Expenses for household and dependent care services necessary for gainful employment. . (L) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. IV Freedom from hunger 401. Mandatory direct certification Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in the paragraph heading, by striking Discretionary certification and inserting Direct certification of additional low-income children ; and (2) in the matter preceding subparagraph (A), by striking may and inserting shall . 402. Direct certification for children receiving Social Security income (a) In general Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (F) a child who receives supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). . (b) Data from Social Security Administration Section 9(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b) ) is amended by adding at the end the following: (16) Data from social security administration In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located. . 403. Retroactive reimbursement Section 9(b)(9) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(9) ) is amended by adding at the end the following: (D) Retroactive reimbursement (i) Definitions In this subparagraph: (I) Change in eligibility The term change in eligibility means, with respect to eligibility for the school lunch program under this Act— (aa) a change from eligibility for reduced price meals to eligibility for free meals; and (bb) a change from noneligibility to eligibility for free or reduced price meals. (II) Meal claim The term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. (III) Previously submitted The term previously submitted , with respect to a meal claim, means a meal claim submitted on or after the retroactive date. (IV) Retroactive date The term retroactive date means the first day of the current school year. (ii) Retroactivity (I) Submission of meal claims A local educational agency shall— (aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and (bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). (II) Reimbursement by Secretary The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). (iii) Reimbursement to families A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child. . 404. Universal Medicaid direct certification Section 9(b)(15) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(15) ) is amended— (1) in subparagraph (A)— (A) by striking clause (i) and inserting the following: (i) Eligible child (I) In general The term eligible child means a child who— (aa) (AA) is eligible for and receiving medical assistance under the Medicaid program; and (BB) is a member of a family with an income as measured by the Medicaid program that does not exceed, in the case of eligibility for free meals, 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program, or, in the case of eligibility for reduced price meals, the applicable family size income level under the income eligibility guidelines for reduced price meals; or (bb) is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations)) with a child described in item (aa). (II) Other children The term eligible child includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) )— (aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act ( 42 U.S.C. 670 et seq. ); (bb) by reason of section 473(b) of that Act ( 42 U.S.C. 673(b) ); or (cc) under subclause (II) of section 1902(a)(10)(A)(i) of that Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ). ; and (B) by adding at the end the following: (iii) Without further application The term without further application has the meaning given the term in paragraph (4)(G). ; and (2) by striking subparagraphs (B) through (H) and inserting the following: (B) Agreement For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. (C) Procedures (i) In general Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for— (I) free or reduced price lunch under this Act; and (II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (ii) Free meals Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. (D) Certification Subject to paragraph (6), and according to an agreement entered into under subparagraph (B), the local educational agency conducting eligibility determinations under that agreement shall certify an eligible child as eligible, without further application, for— (i) free or reduced price lunch under this Act; and (ii) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). . 405. Universal meal service in high poverty areas Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F) ) is amended by striking clause (vii) and inserting the following: (vii) Multiplier For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5. . 406. Statewide free universal school meals demonstration projects Section 11(a)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1) ) is amended by adding at the end the following: (G) Statewide free universal school meals demonstration projects (i) Definitions In this subparagraph: (I) Demonstration project The term demonstration project means a demonstration project carried out under clause (ii). (II) Eligible school (aa) In general The term eligible school means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (bb) Exclusion The term eligible school does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). (III) Identified student The term identified student has the meaning given the term in subparagraph (F)(i). (IV) Selected State The term selected State means a State selected to carry out a demonstration project under clause (iii)(I). (ii) Establishment Not later than July 1, 2023, the Secretary shall carry out demonstration projects in selected States under which school meals are provided at no charge to every student at an eligible school in the selected State. (iii) State selection (I) In general The Secretary shall select not more than 5 States to each carry out a demonstration project. (II) Applications A State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (III) Priority In carrying out subclause (I), the Secretary shall give priority to a State based on— (aa) the level of childhood poverty in the State; (bb) the extent to which the State has implemented subparagraph (F); (cc) the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i)); (dd) the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and (ee) the extent to which the State demonstrates a commitment to providing non-Federal funding under clause (vi)(III). (iv) Start date A demonstration project shall begin in a selected State on the first day of the school year in that State. (v) Special assistance payments (I) First year For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying— (aa) 1.9; and (bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. (II) Subsequent years For each month of the second school year and each subsequent school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying— (aa) 1.9; and (bb) the higher of— (AA) the percentage of identified students in eligible schools as of the last day of the prior school year; and (BB) the percentage of identified students in eligible schools as of the last day of the school year prior to the first school year during which a demonstration project is carried out, up to a maximum of 100 percent. (III) Payment for other meals With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. (IV) Payments in lieu of A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. (vi) State implementation (I) Preliminary activities Each selected State shall, in the school year preceding the first school year during which the demonstration project shall be carried out in the State— (aa) identify each eligible school in the State; (bb) in consultation with the Secretary, combine the percentage of identified students across eligible schools for the purpose of calculating the maximum reimbursement rate to ensure that the special assistance payments received under clause (v) are for the maximum amount; (cc) inform local educational agencies of the demonstration project; and (dd) coordinate with local educational agencies to provide information about the demonstration project to parents or guardians of students attending eligible schools. (II) Meal service As part of a demonstration project, an eligible school in a selected State— (aa) shall not collect applications for free and reduced price lunches under this Act; and (bb) shall make school meals available to all children at the school at no charge. (III) Non-Federal funding (aa) In general Each selected State may support the demonstration project using— (AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (BB) State revenues appropriated or used for program purposes under section 7 of this Act. (bb) Non-Federal contributions In addition to the funding received under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), each selected State shall provide funding from non-Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. (cc) Continuation of free rate (AA) Definition of covered school year In this item, the term covered school year means the school year preceding the first school year during which a demonstration project is carried out. (BB) Free rate A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. (vii) Report (I) In general Not later than September 30, 2027, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives a report that evaluates the impact of each demonstration project in a selected State with respect to— (aa) academic achievement, absenteeism, tardiness, the school environment, child food insecurity in the selected State, and other key factors identified in consultation with the Secretary of Education; (bb) the rate of participation in the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) among identified students and other students; (cc) school meal services, finances, and operations in the selected State; (dd) administrative costs to the selected State and the school food authorities participating in the demonstration project; and (ee) the integrity of the operation of the free lunch program under this Act in the selected State. (II) Funding (aa) In general On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027. (bb) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation. . V Freedom to be Safe from Harm A Funding for the Child Abuse Prevention and Treatment Act 501. Additional CAPTA funding (a) Additional amounts for State grants To improve child protective services Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended by adding at the end the following: (g) Additional funding (1) In general To carry out this section, in addition to amounts made available under section 112 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. (2) Allotments Except as otherwise provided in this section, out of the amounts appropriated under paragraph (1), the Secretary shall make allotments to each eligible State and territory in an amount equal to the sum of— (A) $50,000; and (B) an amount that bears the same relationship to any amounts appropriated under paragraph (1) that remain after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant. (3) Eligible State To be eligible to receive an allotment under paragraph (2), a State or territory shall demonstrate in its application for a grant under this section that such State or territory, for purposes of carrying out the programs supported by such grant, will expend the same amount, or more, of State or territory funds in the fiscal year for which the grant is awarded as such State or territory expended for such purposes in the previous fiscal year. (4) Definitions In this subsection, the terms State and territory have the meanings given such terms in subsection (f)(1). . (b) Additional amounts for community-Based grants for the prevention of child abuse and neglect (1) In general Section 203 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116b ) is amended— (A) in subsection (a), by striking amount appropriated under section 210 and inserting amounts appropriated under section 209 and subsection (d)(1) ; and (B) by adding at the end the following: (d) Additional funding (1) Additional appropriation To carry out this title, in addition to amounts made available under section 209 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. (2) Allotments (A) In general The Secretary shall allot the amount appropriated under paragraph (1) for a fiscal year and remaining after the reservation under subsection (a) among eligible States in the same manner the Secretary allots amounts appropriated under section 209 pursuant to subsection (b). For purposes of this paragraph, the allotment formula described in subsection (b) shall be applied substituting eligible State for State each place such term appears in such subsection, and substituting eligible States for States each place such term appears in such subsection. (B) Eligible State For purposes of this paragraph, the term eligible State means a State that demonstrates in its application for a grant under section 204 that such State, for purposes of carrying out the programs supported by a grant under this title, will expend the same amount, or more, of State funds in the fiscal year for which the grant is awarded as such State expended for such purposes in the previous fiscal year. . (2) Clarification Section 204(4) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116d(4) ) is amended by inserting (excluding any amount received under section 203(d)) after received under this title . B Funding for Grants To Protect Children from Institutional and Systemic Abuse 511. Purpose The purpose of this subtitle is to support and assist States in investigating, recognizing, reporting and preventing institutional and systemic child abuse. 512. Definitions In this subtitle: (1) Institutional and systemic child abuse The term institutional and systemic child abuse means a pattern of any form of abuse or neglect of a child when occurring while the child is in the care of a public or private facility in the State, including a correctional facility, detention facility, treatment facility, childcare center, educational or religious institution, and hospital. (2) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Unit of local government The term unit of local government means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and raise revenues; or (C) an Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior. 513. Grant program (a) Grants required The Attorney General shall make grants to States to assist States in investigating, recognizing, reporting, and preventing institutional and systemic child abuse. (b) Allocation of funds Funds shall be allocated annually among eligible States on the basis of relative population of individuals under the age of 18, but the amount allocated to any State in a fiscal year shall not be less than $500,000. (c) Requirements (1) Plan (A) In general To be eligible for a grant under this subtitle, a State shall submit to the Attorney General a plan for carrying out programs, projects, and activities using the funds made available through the grant during a 5-year period. (B) Update A State shall annually update a plan submitted under subparagraph (A) to include new programs, projects, and activities dedicated to recognizing, reporting, investigating, and preventing institutional and systemic child abuse. (C) Regulations The Attorney General shall promulgate regulations that require that any plan submitted under this paragraph— (i) provide that not less than 70 percent of funds allocated to the State shall be distributed to the attorney general of the State or other chief law enforcement officer for— (I) conducting investigations into institutional and systemic child abuse; and (II) planning, establishing, operating, coordinating, and evaluating evidence-based and trauma-informed projects to develop more effective education, training, and research into preventing institutional and systemic child abuse; (ii) provide that not less than 20 percent of funds allocated to the State shall be distributed equitably to units of local government for planning, establishing, operating, coordinating, and evaluating evidence-based and trauma-informed projects to develop more effective education, training, and research into preventing institutional and systemic child abuse; (iii) designate a senior official reporting to the attorney general of the State or other chief law enforcement officer as responsible for— (I) supervising the preparation and administration of the plan submitted under subparagraph (A); and (II) overseeing all investigations, education, training, and research in the office of the attorney general of the State or other chief law enforcement officer related to institutional and systemic child abuse; and (iv) contain satisfactory evidence that the official designated in accordance with clause (iii) has or will have authority, by legislation if necessary, to implement the plan in accordance with this subtitle. (2) Annual performance reports Each State awarded a grant under this subtitle shall submit to the Attorney General an annual performance report that— (A) describes the progress of the State in implementing the original plan submitted under paragraph (1)(A); and (B) describes the status of compliance with the requirements of the plan. (3) Rule of construction Nothing in this subsection may be construed to require the dissemination of any information that the Attorney General determines— (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to a child. (d) Noncompliance (1) Failure to comply with requirements If a State fails to comply with any of the applicable requirements in subsection (c), in any fiscal year beginning after September 30, 2021— (A) subject to subparagraph (B), the amount allocated to the State under subsection (b) for the subsequent fiscal year shall be reduced by not less than 20 percent for each such requirement with respect to which the failure occurs; and (B) the State shall be ineligible to receive any allocation under such section for such fiscal year unless— (i) the State agrees to expend 50 percent of the amount allocated to the State for such fiscal year to achieve compliance with any requirement with respect to which the State is in noncompliance; or (ii) the Attorney General determines that the State— (I) has achieved substantial compliance with the requirements with respect to which the State was not in compliance; and (II) has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance with such requirements within a reasonable time. (2) Nonsubmission or nonqualification of plan (A) In general If a State does not submit a plan, fails to submit a plan, or submits a plan or any modification thereof, that the Attorney General, after reasonable notice and opportunity for hearing, determines does not meet the requirements of this subtitle, the Attorney General shall endeavor to make the allocation to the State under subsection (b) available to local public and private nonprofit agencies within the State for use in carrying out activities described in subsection (c)(1)(C)(i)(II). (B) Other funds The Attorney General shall make funds that remain available after disbursements under subparagraph (A), and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with the requirements under this subtitle. (e) Regulations The Attorney General shall promulgate regulations to carry out this subtitle. (f) Administrative expenses The Attorney General may use not more than 5 percent of the funds appropriated for a fiscal year to carry out this subtitle for the Federal administrative costs of carrying out this subtitle for that fiscal year. (g) Direct appropriation To carry out this subtitle, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended.