[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3088 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3088
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Five Freedoms for America's Children
Act''.
SEC. 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.
TITLE I--FREEDOM TO BE HEALTHY
SEC. 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''.
TITLE II--FREEDOM TO BE ECONOMICALLY SECURE
SEC. 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:
``SEC. 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).
TITLE III--FREEDOM TO LEARN
SEC. 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.
SEC. 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:
``SEC. 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.''.
SEC. 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.
TITLE IV--FREEDOM FROM HUNGER
SEC. 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''.
SEC. 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.''.
SEC. 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.''.
SEC. 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).''.
SEC. 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.''.
SEC. 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.''.
TITLE V--FREEDOM TO BE SAFE FROM HARM
Subtitle A--Funding for the Child Abuse Prevention and Treatment Act
SEC. 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''.
Subtitle B--Funding for Grants To Protect Children From Institutional
and Systemic Abuse
SEC. 511. PURPOSE.
The purpose of this subtitle is to support and assist States in
investigating, recognizing, reporting and preventing institutional and
systemic child abuse.
SEC. 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.
SEC. 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.
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