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RECOMPETE Act — H. R. 4651, 117th Congress, 1st Session (To require the Secretary of Commerce)

Summary

H.R. 4651, the RECOMPETE Act, is a bill to require the Secretary of Commerce, acting through the Assistant Secretary for Economic Development, to establish a RECOMPETE grant program providing flexible, 10-year block grants. Kilmer and other named members introduced it in the House of Representatives on July 22, 2021, and it was referred to the Committee on Transportation and Infrastructure and, in addition, the Committee on Financial Services. The stated purposes include creating quality jobs, helping local residents access opportunities and attain and retain employment, increasing local per capita income and employment rates, and supporting long-term economic growth in persistently distressed areas. Eligible applicants include units of general local government and Tribal governments.

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Cite this document

“RECOMPETE Act — H. R. 4651, 117th Congress, 1st Session (To require the Secretary of Commerce).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr4651ih-bills-117hr4651ih/, SHA-256 e9dd1daa2b3818206bfb4b6a6020b1c464e54588c3569974ca65d6d999bed294.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                            H. R. 4651
                                                                       To require the Secretary of Commerce, acting through the Assistant Secretary
                                                                           for Economic Development, to establish a RECOMPETE grant program
                                                                           to provide flexible, 10-year block grants for purposes of creating quality
                                                                           jobs, providing resources to help local residents access opportunities
                                                                           and attain and retain employment, increasing local per capita income
                                                                           and employment rates, and supporting long-term, sustained economic
                                                                           growth and opportunity in persistently distressed areas, and for other
                                                                           purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                      JULY 22, 2021
                                                                       Mr. KILMER (for himself, Ms. HERRERA BEUTLER, Ms. DELBENE, Mr.
                                                                           LAMALFA, Mr. AGUILAR, Mr. PALAZZO, Mr. BERA, Mr. BEYER, Mr.
                                                                           BLUMENAUER, Ms. BLUNT ROCHESTER, Mrs. BUSTOS, Mr. CARBAJAL,
                                                                           Mr. CICILLINE, Mr. COOPER, Ms. CRAIG, Mr. CROW, Ms. DAVIDS of
                                                                           Kansas, Mrs. DEMINGS, Mr. DEUTCH, Mrs. DINGELL, Mr. FOSTER, Mr.
                                                                           HARDER of California, Mr. HIMES, Mr. HORSFORD, Ms. HOULAHAN, Mr.
                                                                           JEFFRIES, Mr. KHANNA, Mr. KILDEE, Mr. KIND, Mr. LARSON of Con-
                                                                           necticut, Mrs. LURIA, Ms. MANNING, Mrs. MCBATH, Mr. MORELLE, Mrs.
                                                                           MURPHY of Florida, Mr. NORCROSS, Mr. PANETTA, Mr. PERLMUTTER,
                                                                           Mr. PETERS, Mr. PHILLIPS, Miss RICE of New York, Mr. RYAN, Mr.
                                                                           SCHIFF, Ms. SCHRIER, Ms. SEWELL, Ms. SHERRILL, Mr. SOTO, Ms.
                                                                           STRICKLAND, Mr. TRONE, Mr. VELA, and Mr. YARMUTH) introduced the
                                                                           following bill; which was referred to the Committee on Transportation
                                                                           and Infrastructure, and in addition to the Committee on Financial Serv-
                                                                           ices, for a period to be subsequently determined by the Speaker, in each
                                                                           case for consideration of such provisions as fall within the jurisdiction of
                                                                           the committee concerned




                                                                                                                 A BILL


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                                                                       To require the Secretary of Commerce, acting through the
                                                                          Assistant Secretary for Economic Development, to estab-


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                                                                               lish a RECOMPETE grant program to provide flexible,
                                                                               10-year block grants for purposes of creating quality
                                                                               jobs, providing resources to help local residents access
                                                                               opportunities and attain and retain employment, increas-
                                                                               ing local per capita income and employment rates, and
                                                                               supporting long-term, sustained economic growth and op-
                                                                               portunity in persistently distressed areas, and for other
                                                                               purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Rebuilding Economies
                                                                         5 and Creating Opportunities for More People Everywhere
                                                                         6 To Excel Act’’ or the ‘‘RECOMPETE Act’’.
                                                                         7     SEC. 2. DEFINITIONS.

                                                                         8              In this Act:
                                                                         9                       (1) APPLICABLE AREA.—The term ‘‘applicable
                                                                       10               area’’—
                                                                       11                                  (A) with respect to a local labor market,
                                                                       12                        local community, or partial local labor market—
                                                                       13                                         (i) means—
                                                                       14                                                  (I) the geographical area of the
                                                                       15                                         local labor market, local community,
                                                                       16                                         or partial local labor market; and
                                                                       17                                                  (II) each corresponding unit of




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                                                                       18                                         local government in the geographical
                                                                       19                                         area described in subclause (I); and

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                                                                         1                                        (ii) does not include any Tribal land
                                                                         2                                 in the geographical area described in
                                                                         3                                 clause (i)(I), unless the Tribal government
                                                                         4                                 with jurisdiction over the Tribal land elects
                                                                         5                                 to participate in an applicable cooperation
                                                                         6                                 agreement under section 3(b)(2)(B); and
                                                                         7                                 (B) with respect to a Tribal government,
                                                                         8                       means the Tribal land subject to the jurisdic-
                                                                         9                       tion of the Tribal government.
                                                                       10                        (2)         APPLICANT.—The                           term           ‘‘applicant’’
                                                                       11               means—
                                                                       12                                  (A) a unit of general local government,
                                                                       13                        such as a county or a county equivalent (includ-
                                                                       14                        ing a borough in the State of Alaska and a par-
                                                                       15                        ish in the State of Louisiana), city, town, vil-
                                                                       16                        lage, or other general-purpose political subdivi-
                                                                       17                        sion of a State;
                                                                       18                                  (B) the District of Columbia;
                                                                       19                                  (C) a territory or possession of the United
                                                                       20                        States;
                                                                       21                                  (D) a Tribal government;
                                                                       22                                  (E) a State-authorized political subdivision
                                                                       23                        or other entity, such as a special-purpose entity




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                                                                       24                        engaged in economic development activities;




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                                                                         1                                 (F) a public or private nonprofit organiza-
                                                                         2                       tion, acting in cooperation with the officials of
                                                                         3                       a political subdivision or entity described in
                                                                         4                       subparagraph (E);
                                                                         5                                 (G) an economic development district (as
                                                                         6                       defined in section 3 of the Public Works and
                                                                         7                       Economic Development Act of 1965 (42 U.S.C.
                                                                         8                       3122)); and
                                                                         9                                 (H) a consortium of units of general local
                                                                       10                        government within an applicable area.
                                                                       11                        (3) COOPERATION                         AGREEMENT.—The                   term
                                                                       12               ‘‘cooperation agreement’’ means an agreement en-
                                                                       13               tered into under section 3(b) relating to the imple-
                                                                       14               mentation of a RECOMPETE plan for an applicable
                                                                       15               area.
                                                                       16                        (4) ELIGIBLE.—The term ‘‘eligible’’ means—
                                                                       17                                  (A) with respect to a local labor market,
                                                                       18                        local community, partial local labor market, or
                                                                       19                        Tribal government, that the local labor market,
                                                                       20                        local community, partial local labor market, or
                                                                       21                        Tribal government meets the applicable distress
                                                                       22                        eligibility criteria described in section 3(a); and
                                                                       23                                  (B) with respect to an applicant or lead




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                                                                       24                        entity, that the applicant or lead entity has sub-
                                                                       25                        mitted an application for a RECOMPETE


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                                                                         1                       grant under section 4(a)(2) relating to a local
                                                                         2                       labor market, local community, partial local
                                                                         3                       labor market, or Tribal government described in
                                                                         4                       subparagraph (A).
                                                                         5                       (5) LEAD              ENTITY.—The                   term ‘‘lead entity’’
                                                                         6              means an applicant designated to act as a lead enti-
                                                                         7              ty pursuant to an applicable cooperation agreement.
                                                                         8                       (6) LOCAL COMMUNITY.—
                                                                         9                                 (A) IN GENERAL.—The term ‘‘local com-
                                                                       10                        munity’’ means the area served by an applicant
                                                                       11                        described in paragraph (2)(A) that—
                                                                       12                                         (i)(I) is located within a local labor
                                                                       13                                  market or partial local labor market that is
                                                                       14                                  not eligible; or
                                                                       15                                         (II) is not coexistent with a local labor
                                                                       16                                  market; and
                                                                       17                                         (ii) meets such additional criteria, in-
                                                                       18                                  cluding a minimum population require-
                                                                       19                                  ment, as the Secretary may establish.
                                                                       20                                  (B) INCLUSIONS.—The term ‘‘local com-
                                                                       21                        munity’’ includes a consortium of 2 or more ap-
                                                                       22                        plicants described in subparagraph (A)—
                                                                       23                                         (i) all of which are located within the




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                                                                       24                                  same local labor market; or




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                                                                         1                                        (ii) each of which is directly adjacent
                                                                         2                                 to an area described in subparagraph (A).
                                                                         3                       (7) LOCAL LABOR MARKET.—The term ‘‘local
                                                                         4              labor market’’ means any of the following areas that
                                                                         5              contains 1 or more applicants described in subpara-
                                                                         6              graphs (A) through (C) of paragraph (2):
                                                                         7                                 (A) A commuting zone, as defined by the
                                                                         8                       Economic Research Service of the Department
                                                                         9                       of Agriculture.
                                                                       10                                  (B) Subject to subparagraph (C), if 1 or
                                                                       11                        more discrete metropolitan statistical areas or
                                                                       12                        micropolitan statistical areas, as defined by the
                                                                       13                        Office of Management and Budget (collectively
                                                                       14                        referred to as ‘‘core-based statistical areas’’),
                                                                       15                        exist within a commuting zone described in sub-
                                                                       16                        paragraph (A), each such core-based statistical
                                                                       17                        area.
                                                                       18                                  (C) If the remaining area of a commuting
                                                                       19                        zone described in subparagraph (A), excluding
                                                                       20                        all core-based statistical areas within the com-
                                                                       21                        muting zone described in subparagraph (B),
                                                                       22                        contains 1 or fewer counties and has a popu-
                                                                       23                        lation of 7,500 or fewer residents, that remain-




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                                                                       24                        ing area combined with an adjacent core-based
                                                                       25                        statistical area within the commuting zone.


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                                                                         1                       (8) PARTIAL                  LOCAL            LABOR          MARKET.—The

                                                                         2              term ‘‘partial local labor market’’ means a geo-
                                                                         3              graphical area that—
                                                                         4                                 (A) is located within, but is not coextensive
                                                                         5                       with, a local labor market; and
                                                                         6                                 (B) contains 1 or more applicants de-
                                                                         7                       scribed in subparagraphs (A) through (C) of
                                                                         8                       paragraph (2).
                                                                         9                       (9) PRIME-AGE.—The term ‘‘prime-age’’ means
                                                                       10               individuals between the ages of 25 years and 54
                                                                       11               years.
                                                                       12                        (10) PRIME-AGE EMPLOYMENT GAP.—
                                                                       13                                  (A) IN GENERAL.—The term ‘‘prime-age
                                                                       14                        employment gap’’, with respect to an applicable
                                                                       15                        area, means the difference (expressed as a per-
                                                                       16                        centage), calculated in accordance with sub-
                                                                       17                        paragraph (B), between—
                                                                       18                                         (i) the national 5-year average prime-
                                                                       19                                  age employment rate; and
                                                                       20                                         (ii) the 5-year average prime-age em-
                                                                       21                                  ployment rate of the applicable area.
                                                                       22                                  (B) CALCULATION.—For purposes of cal-
                                                                       23                        culating the prime-age employment gap under




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                                                                       24                        subparagraph (A), an applicant shall use data
                                                                       25                        relating to the most recent 5-year period for


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                                                                         1                       which data are available preceding the first date
                                                                         2                       of the application period established for the ap-
                                                                         3                       plicant under section 4(a)(2)(B).
                                                                         4                       (11) PRIME-AGE EMPLOYMENT RATE.—
                                                                         5                                 (A) IN GENERAL.—The term ‘‘prime-age
                                                                         6                       employment rate’’, with respect to an applicable
                                                                         7                       area, means the quotient (expressed as a per-
                                                                         8                       centage), calculated in accordance with sub-
                                                                         9                       paragraph (B), obtained by dividing—
                                                                       10                                         (i) the 5-year average quantity of the
                                                                       11                                  prime-age population of the applicable area
                                                                       12                                  that is employed; by
                                                                       13                                         (ii) the total prime-age population of
                                                                       14                                  the applicable area.
                                                                       15                                  (B) CALCULATION.—For purposes of cal-
                                                                       16                        culating the prime-age employment rate under
                                                                       17                        subparagraph (A), an applicant shall use data
                                                                       18                        relating to the most recent 5-year period for
                                                                       19                        which data are available preceding the first date
                                                                       20                        of the application period established for the ap-
                                                                       21                        plicant under section 4(a)(2)(B).
                                                                       22                        (12) RECIPIENT.—The term ‘‘recipient’’ means,
                                                                       23               as applicable—




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                                                                       24                                  (A) an applicant to which a RECOMPETE
                                                                       25                        grant is provided; or


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                                                                         1                                 (B) a lead entity designated pursuant to a
                                                                         2                       cooperation agreement entered into under sec-
                                                                         3                       tion 3(b) for an applicable area for which a RE-
                                                                         4                       COMPETE grant is provided.
                                                                         5                       (13) RECOMPETE GRANT.—The term ‘‘RE-
                                                                         6              COMPETE grant’’ means a grant provided to a re-
                                                                         7              cipient under section 4(a).
                                                                         8                       (14) RECOMPETE                               PLAN.—The              term ‘‘RE-
                                                                         9              COMPETE plan’’ means a plan developed by an ap-
                                                                       10               plicant under section 4(b).
                                                                       11                        (15)         SECRETARY.—The                          term          ‘‘Secretary’’
                                                                       12               means the Secretary of Commerce, acting through
                                                                       13               the Assistant Secretary for Economic Development.
                                                                       14                        (16) SUBRECIPIENT.—The term ‘‘subrecipient’’
                                                                       15               means an applicant located within an applicable area
                                                                       16               that—
                                                                       17                                  (A) is not a recipient; but
                                                                       18                                  (B) receives funds provided under a RE-
                                                                       19                        COMPETE grant in such manner and in such
                                                                       20                        amounts as may be agreed to in the RECOM-
                                                                       21                        PETE plan for the applicable area.
                                                                       22                        (17) TRIBAL GOVERNMENT.—The term ‘‘Tribal
                                                                       23               government’’ means the recognized governing body




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                                                                       24               of any Indian or Alaska Native tribe, band, nation,
                                                                       25               pueblo, village, community, component band, or com-


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                                                                         1              ponent reservation, individually identified (including
                                                                         2              parenthetically) in the list published by the Bureau
                                                                         3              of Indian Affairs on January 29, 2021, pursuant to
                                                                         4              section 104 of the Federally Recognized Indian
                                                                         5              Tribe List Act of 1994 (25 U.S.C. 5131).
                                                                         6                       (18) TRIBAL LAND.—The term ‘‘Tribal land’’
                                                                         7              means—
                                                                         8                                 (A) any land located within the boundaries
                                                                         9                       of an Indian reservation, pueblo, or rancheria;
                                                                       10                        or
                                                                       11                                  (B) any land not located within the bound-
                                                                       12                        aries of an Indian reservation, pueblo, or
                                                                       13                        rancheria, the title to which is held—
                                                                       14                                          (i) in trust by the United States for
                                                                       15                                  the benefit of an Indian Tribe or an indi-
                                                                       16                                  vidual Indian;
                                                                       17                                          (ii) by an Indian Tribe or an indi-
                                                                       18                                  vidual Indian, subject to restriction against
                                                                       19                                  alienation under laws of the United States;
                                                                       20                                  or
                                                                       21                                          (iii) by a dependent Indian commu-
                                                                       22                                  nity.
                                                                       23      SEC. 3. DISTRESS ELIGIBILITY CRITERIA AND COOPERA-




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                                                                       24                              TION AGREEMENTS.

                                                                       25               (a) DISTRESS ELIGIBILITY.—


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                                                                         1                       (1) CRITERIA.—To be eligible for a RECOM-
                                                                         2              PETE grant, a local labor market, local community,
                                                                         3              partial local labor market, or Tribal government
                                                                         4              shall meet the following criteria, as applicable, as de-
                                                                         5              termined by the Secretary:
                                                                         6                                 (A) LOCAL                LABOR           MARKETS.—A            local
                                                                         7                       labor market shall have a prime-age employ-
                                                                         8                       ment gap equal to not less than 2.5 percent.
                                                                         9                                 (B) LOCAL COMMUNITIES.—A local com-
                                                                       10                        munity shall—
                                                                       11                                         (i) meet the applicable requirements
                                                                       12                                  described in section 2(6); and
                                                                       13                                         (ii) have—
                                                                       14                                                  (I) a median household income
                                                                       15                                         equal to not more than $75,000; and
                                                                       16                                                  (II)(aa) a prime-age employment
                                                                       17                                         gap of not less than 5 percent; or
                                                                       18                                                  (bb) as determined by the Sec-
                                                                       19                                         retary, a special need arising from—
                                                                       20                                                            (AA) a recent decrease in
                                                                       21                                                  the applicable prime-age employ-
                                                                       22                                                  ment rate; or
                                                                       23                                                            (BB) another severe eco-




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                                                                       24                                                  nomic disruption that is likely to




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                                                                         1                                                 reduce the applicable prime-age
                                                                         2                                                 employment rate.
                                                                         3                                 (C) PARTIAL LOCAL LABOR MARKETS.—A
                                                                         4                       partial local labor market shall—
                                                                         5                                        (i) have a prime-age employment gap
                                                                         6                                 equal to not less than 2.5 percent; and
                                                                         7                                        (ii) receive a waiver under subsection
                                                                         8                                 (b)(3)(A).
                                                                         9                                 (D) TRIBAL GOVERNMENTS.—
                                                                       10                                         (i) IN GENERAL.—A Tribal govern-
                                                                       11                                  ment shall have a prime-age employment
                                                                       12                                  gap of not less than 2.5 percent, as cal-
                                                                       13                                  culated under clause (ii).
                                                                       14                                         (ii) CALCULATION.—For purposes of
                                                                       15                                  clause (i), the prime-age employment gap
                                                                       16                                  of a Tribal government shall be calculated,
                                                                       17                                  with respect to the most recent 5-year pe-
                                                                       18                                  riod for which data are available, for all in-
                                                                       19                                  dividuals residing on the Tribal land of the
                                                                       20                                  Tribal government.
                                                                       21                        (2) LIMITATIONS.—
                                                                       22                                  (A) APPLICABLE                     AREAS.—A               local labor
                                                                       23                        market, local community, partial local labor




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                                                                       24                        market, or Tribal government shall not be eligi-




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                                                                         1                       ble to receive more than 1 RECOMPETE
                                                                         2                       grant.
                                                                         3                                 (B) APPLICANTS.—For purposes of the
                                                                         4                       RECOMPETE grant program, an applicant
                                                                         5                       may not be considered to be located in, or sub-
                                                                         6                       mit an application under section 4(a)(2) on be-
                                                                         7                       half of, more than 1 eligible local labor market,
                                                                         8                       local community, partial local labor market, or
                                                                         9                       Tribal government.
                                                                       10               (b) COOPERATION AGREEMENTS.—
                                                                       11                        (1) REQUIREMENT.—
                                                                       12                                  (A) IN GENERAL.—Subject to paragraph
                                                                       13                        (3), if an applicable area contains 2 or more ap-
                                                                       14                        plicants described in subparagraph (A), (B), or
                                                                       15                        (C) of section 2(2), each such applicant shall,
                                                                       16                        as a condition of receiving a RECOMPETE
                                                                       17                        grant for the applicable area—
                                                                       18                                         (i) enter into a legally binding co-
                                                                       19                                  operation agreement for the applicable
                                                                       20                                  area in accordance with subparagraph (C);
                                                                       21                                  and
                                                                       22                                         (ii) designate 1 applicant as the lead
                                                                       23                                  entity to act in a representative capacity




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                                                                       24                                  for purposes of assuming overall responsi-
                                                                       25                                  bility for carrying out the programs and


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                                                                         1                                 activities, and achieving compliance with
                                                                         2                                 the applicable requirements, under the RE-
                                                                         3                                 COMPETE grant.
                                                                         4                                 (B) PARTICIPATION                         BY      OTHER        APPLI-

                                                                         5                       CANTS.—An                 applicant described in subpara-
                                                                         6                       graph (E), (F), or (G) of section 2(2) that is
                                                                         7                       located in an applicable area for which a co-
                                                                         8                       operation agreement is entered into under sub-
                                                                         9                       paragraph (A) may elect to join the cooperation
                                                                       10                        agreement, at the discretion of the applicant.
                                                                       11                                  (C) TERMS.—A cooperation agreement
                                                                       12                        under this subsection shall include—
                                                                       13                                         (i) a written statement that—
                                                                       14                                                  (I) is executed by each applicant
                                                                       15                                         that is a party to the cooperation
                                                                       16                                         agreement; and
                                                                       17                                                  (II) establishes the consent of the
                                                                       18                                         applicant to be bound by the terms
                                                                       19                                         of—
                                                                       20                                                            (aa) the cooperation agree-
                                                                       21                                                  ment; and
                                                                       22                                                            (bb) the RECOMPETE plan
                                                                       23                                                  for the applicable area; and




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                                                                         1                                        (ii) a process for redress of any ac-
                                                                         2                                 tion, or failure to act, by the lead entity
                                                                         3                                 that is detrimental to an applicant.
                                                                         4                                 (D) LIMITATION.—An applicable area may
                                                                         5                       be the subject of only 1 cooperation agreement.
                                                                         6                       (2) ELECTION BY LOCAL COMMUNITIES AND
                                                                         7              TRIBAL GOVERNMENTS.—

                                                                         8                                 (A) LOCAL COMMUNITIES.—
                                                                         9                                        (i) IN GENERAL.—A local community
                                                                       10                                  may enter into a cooperation agreement
                                                                       11                                  described in paragraph (1) with any other
                                                                       12                                  local communities located within the same
                                                                       13                                  local labor market, subject to the condition
                                                                       14                                  that 1 or more of those local communities
                                                                       15                                  shall be an eligible local community.
                                                                       16                                         (ii) PARTIES.—A cooperation agree-
                                                                       17                                  ment under clause (i) may be executed be-
                                                                       18                                  tween or among—
                                                                       19                                                  (I) an eligible local community;
                                                                       20                                         and
                                                                       21                                                  (II) 1 or more—
                                                                       22                                                            (aa) other eligible local com-
                                                                       23                                                  munities, or applicants within an




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                                                                       24                                                  eligible local community, located




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                                                                         1                                                 within the same local labor mar-
                                                                         2                                                 ket; or
                                                                         3                                                           (bb) applicants that are not
                                                                         4                                                 located within an eligible local
                                                                         5                                                 community, but are located with-
                                                                         6                                                 in the same local labor market as
                                                                         7                                                 an eligible local community.
                                                                         8                                        (iii) ADDITIONAL AMOUNTS.—On exe-
                                                                         9                                 cution of a cooperation agreement under
                                                                       10                                  this subparagraph involving 1 or more ap-
                                                                       11                                  plicants described in clause (ii)(II)(bb), the
                                                                       12                                  Secretary may award additional amounts
                                                                       13                                  in accordance with subsection (c)(6) of sec-
                                                                       14                                  tion 6, subject to the applicable cost-shar-
                                                                       15                                  ing requirements of subsection (e)(2) of
                                                                       16                                  that section.
                                                                       17                                  (B) TRIBAL GOVERNMENTS.—
                                                                       18                                         (i)       IN        GENERAL.—Regardless                 of
                                                                       19                                  whether the Tribal government is eligible,
                                                                       20                                  subject to clause (ii), a Tribal government
                                                                       21                                  may elect to enter into a cooperation
                                                                       22                                  agreement described in paragraph (1) with
                                                                       23                                  1 or more applicants from an eligible local




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                                                                       24                                  labor market, local community, or partial




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                                                                         1                                 local labor market that is adjacent to the
                                                                         2                                 Tribal land of the Tribal government.
                                                                         3                                        (ii) DEADLINE.—An election by a
                                                                         4                                 Tribal government under clause (i) shall be
                                                                         5                                 made by not later than 45 days after the
                                                                         6                                 first date of the application period estab-
                                                                         7                                 lished for the Tribal government under
                                                                         8                                 section 4(a)(2)(B).
                                                                         9                                        (iii) TREATMENT.—If a Tribal gov-
                                                                       10                                  ernment elects to enter into a cooperation
                                                                       11                                  agreement under clause (i)—
                                                                       12                                                  (I) the Tribal land of the Tribal
                                                                       13                                         government shall be—
                                                                       14                                                            (aa) considered to be in-
                                                                       15                                                  cluded in the applicable area of
                                                                       16                                                  the eligible local labor market,
                                                                       17                                                  local community, or partial local
                                                                       18                                                  labor market that is the subject
                                                                       19                                                  of the cooperation agreement;
                                                                       20                                                  and
                                                                       21                                                            (bb) subject to the RECOM-
                                                                       22                                                  PETE plan for the applicable
                                                                       23                                                  area described in item (aa); and




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                                                                       24                                                  (II) the amount of the RECOM-
                                                                       25                                         PETE grant to which the Tribal gov-


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                                                                         1                                        ernment is otherwise eligible to re-
                                                                         2                                        ceive, if applicable—
                                                                         3                                                           (aa) shall not be decreased;
                                                                         4                                                 and
                                                                         5                                                           (bb) shall be added to the
                                                                         6                                                 amount provided to the applica-
                                                                         7                                                 ble lead entity for use in accord-
                                                                         8                                                 ance with the RECOMPETE
                                                                         9                                                 plan.
                                                                       10                                         (iv) ENCOURAGEMENT TO COLLABO-
                                                                       11                                  RATE.—To               the maximum extent prac-
                                                                       12                                  ticable, the Secretary shall encourage Trib-
                                                                       13                                  al governments to enter into cooperation
                                                                       14                                  agreements described in clause (i).
                                                                       15                                         (v) EFFECT                   OF       SUBPARAGRAPH.—

                                                                       16                                  Nothing in this subparagraph—
                                                                       17                                                  (I) requires a Tribal government
                                                                       18                                         to enter into a cooperation agreement
                                                                       19                                         in order to receive a RECOMPETE
                                                                       20                                         grant;
                                                                       21                                                  (II) penalizes a Tribal govern-
                                                                       22                                         ment that does not elect to participate
                                                                       23                                         in a cooperation agreement; or




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                                                                         1                                                 (III)          otherwise               affects   the
                                                                         2                                        amount of a RECOMPETE grant to
                                                                         3                                        be provided to any Tribal government.
                                                                         4                       (3) WAIVERS.—
                                                                         5                                 (A) IN          GENERAL.—The                      Secretary may
                                                                         6                       waive the requirement under paragraph (1)
                                                                         7                       with respect to an applicant acting on behalf of
                                                                         8                       a partial local labor market that—
                                                                         9                                        (i) meets the criterion described in
                                                                       10                                  subsection (a)(1)(C)(i);
                                                                       11                                         (ii) is located within an eligible local
                                                                       12                                  labor market with respect to which a co-
                                                                       13                                  operation agreement is unable to be exe-
                                                                       14                                  cuted under paragraph (1), despite reason-
                                                                       15                                  able efforts; and
                                                                       16                                         (iii) submits to the Secretary a re-
                                                                       17                                  quest for a waiver under this paragraph
                                                                       18                                  demonstrating the ability to carry out the
                                                                       19                                  programs and activities, and achieve com-
                                                                       20                                  pliance with the applicable requirements,
                                                                       21                                  under sections 4 and 5 in the applicable
                                                                       22                                  area.
                                                                       23                                  (B) EFFECT.—On receipt of a waiver




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                                                                       24                        under subparagraph (A), a partial local labor
                                                                       25                        market—


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                                                                         1                                        (i) shall be eligible to receive a RE-
                                                                         2                                 COMPETE grant; and
                                                                         3                                        (ii) may elect to carry out the pro-
                                                                         4                                 grams and activities, and achieve compli-
                                                                         5                                 ance with the applicable requirements, in
                                                                         6                                 the applicable area under the RECOM-
                                                                         7                                 PETE grant—
                                                                         8                                                 (I) independently; or
                                                                         9                                                 (II) by designating from among
                                                                       10                                         applicants located within the applica-
                                                                       11                                         ble area a lead entity pursuant to a
                                                                       12                                         cooperation agreement described in
                                                                       13                                         paragraph (1), which shall submit to
                                                                       14                                         the Secretary a written notice in ac-
                                                                       15                                         cordance with paragraph (4).
                                                                       16                        (4) SUBMISSION TO SECRETARY.—On execution
                                                                       17               of a cooperation agreement under paragraph (1),
                                                                       18               (2), or (3)(B)(ii)(II), the lead entity shall submit to
                                                                       19               the Secretary a written notice that—
                                                                       20                                  (A) describes—
                                                                       21                                         (i) the cooperation agreement;
                                                                       22                                         (ii) the date of execution of the co-
                                                                       23                                  operation agreement;




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                                                                       24                                         (iii) the authorization of the lead enti-
                                                                       25                                  ty under the cooperation agreement; and


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                                                                         1                                        (iv) the formation of a consortium de-
                                                                         2                                 scribed in section 2(2)(H) under the co-
                                                                         3                                 operation agreement, if applicable; and
                                                                         4                                 (B) includes—
                                                                         5                                        (i) a copy of each written statement
                                                                         6                                 under paragraph (1)(C)(i) relating to the
                                                                         7                                 cooperation agreement; and
                                                                         8                                        (ii) any necessary certifications or
                                                                         9                                 other documentation relating to the co-
                                                                       10                                  operation agreement.
                                                                       11      SEC. 4. RECOMPETE GRANT PROGRAM.

                                                                       12               (a) ESTABLISHMENT.—
                                                                       13                        (1) IN GENERAL.—The Secretary shall establish
                                                                       14               a formula grant program under which the Secretary
                                                                       15               shall provide to eligible applicants and lead entities
                                                                       16               block grants, to be known as ‘‘RECOMPETE
                                                                       17               grants’’, to carry out programs and activities in the
                                                                       18               applicable areas served by the applicants and lead
                                                                       19               entities that—
                                                                       20                                  (A) create quality jobs;
                                                                       21                                  (B) provide resources to help local resi-
                                                                       22                        dents—
                                                                       23                                         (i) access opportunities; and




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                                                                       24                                         (ii) attain and retain employment;




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                                                                         1                                 (C) increase local per capita income and
                                                                         2                       prime-age employment rates; and
                                                                         3                                 (D) support long-term, sustained economic
                                                                         4                       growth and opportunity in persistently dis-
                                                                         5                       tressed areas.
                                                                         6                       (2) APPLICATIONS.—
                                                                         7                                 (A) IN GENERAL.—To be considered for
                                                                         8                       the provision of a RECOMPETE grant, an eli-
                                                                         9                       gible applicant or lead entity shall submit to the
                                                                       10                        Secretary an application—
                                                                       11                                         (i) at such time, in such manner, and
                                                                       12                                  containing such information as the Sec-
                                                                       13                                  retary determines to be appropriate; and
                                                                       14                                         (ii) that includes a RECOMPETE
                                                                       15                                  plan for the applicable area served by the
                                                                       16                                  applicant or lead entity, in accordance with
                                                                       17                                  subsection (b).
                                                                       18                                  (B) APPLICATION WINDOWS.—In carrying
                                                                       19                        out the RECOMPETE grant program, the Sec-
                                                                       20                        retary shall establish the periods during which
                                                                       21                        applications may be submitted under subpara-
                                                                       22                        graph (A), subject to the conditions that—
                                                                       23                                         (i) the initial application period estab-




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                                                                       24                                  lished under this subparagraph shall be not
                                                                       25                                  less than 3 years; and


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                                                                         1                                        (ii) for the second application period
                                                                         2                                 under this subparagraph and each period
                                                                         3                                 thereafter, the Secretary may, as the Sec-
                                                                         4                                 retary determines to be appropriate—
                                                                         5                                                 (I) extend the period;
                                                                         6                                                 (II) accept late applications;
                                                                         7                                                 (III) initiate a new application
                                                                         8                                        cycle; and
                                                                         9                                                 (IV) establish additional rules
                                                                       10                                         and regulations under this subsection.
                                                                       11                                  (C) LIMITATIONS.—
                                                                       12                                         (i) IN GENERAL.—Subject to clause
                                                                       13                                  (ii), the Secretary may establish a limita-
                                                                       14                                  tion on—
                                                                       15                                                  (I) the number of applications to
                                                                       16                                         be accepted by the Secretary during
                                                                       17                                         each fiscal year from each type of ap-
                                                                       18                                         plicant; and
                                                                       19                                                  (II) the total amount of each
                                                                       20                                         RECOMPETE grant payment pro-
                                                                       21                                         vided for each fiscal year.
                                                                       22                                         (ii) REQUIREMENTS.—In establishing
                                                                       23                                  any limitation under clause (i), the Sec-




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                                                                       24                                  retary shall ensure that—




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                                                                         1                                                 (I) each applicant and lead entity
                                                                         2                                        that submits to the Secretary an ap-
                                                                         3                                        plication satisfactory to the Secretary
                                                                         4                                        for an application period established
                                                                         5                                        under subparagraph (B) shall be con-
                                                                         6                                        sidered for receipt of a RECOMPETE
                                                                         7                                        grant during that application period;
                                                                         8                                        and
                                                                         9                                                 (II) the Secretary is able—
                                                                       10                                                            (aa) to review applications
                                                                       11                                                  and provide technical assistance
                                                                       12                                                  and expertise to applicants in the
                                                                       13                                                  development and implementation
                                                                       14                                                  of RECOMPETE plans; and
                                                                       15                                                            (bb) to conduct benchmark
                                                                       16                                                  evaluations and meet applicable
                                                                       17                                                  reporting requirements in accord-
                                                                       18                                                  ance with section 5.
                                                                       19                                  (D) PRIORITY.—In selecting recipients of
                                                                       20                        RECOMPETE grants, the Secretary shall give
                                                                       21                        priority consideration to severely distressed, eli-
                                                                       22                        gible—
                                                                       23                                         (i) local labor markets; and




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                                                                       24                                         (ii) Tribal governments.




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                                                                         1                                 (E) APPROVAL.—The Secretary shall ap-
                                                                         2                       prove or disapprove each application submitted
                                                                         3                       under this paragraph (including the RECOM-
                                                                         4                       PETE plan included in the application) as soon
                                                                         5                       as practicable after the date of receipt of the
                                                                         6                       application.
                                                                         7                       (3) TERM.—A RECOMPETE grant shall—
                                                                         8                                 (A) have a term of 10 fiscal years; and
                                                                         9                                 (B) be disbursed over that term in accord-
                                                                       10                        ance with section 6(d).
                                                                       11               (b) RECOMPETE PLANS.—
                                                                       12                        (1) IN GENERAL.—As a condition of receipt of
                                                                       13               a RECOMPETE grant, the application of an appli-
                                                                       14               cant or lead entity under subsection (a)(2) shall in-
                                                                       15               clude a RECOMPETE plan for the applicable area
                                                                       16               served by the applicant or lead entity in accordance
                                                                       17               with this subsection.
                                                                       18                        (2) REQUIREMENTS.—A RECOMPETE plan
                                                                       19               shall include the following information with respect
                                                                       20               to the applicable area:
                                                                       21                                  (A) An identification of—
                                                                       22                                         (i) each economic development chal-
                                                                       23                                  lenge proposed to be addressed using a




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                                                                       24                                  RECOMPETE grant; and




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                                                                         1                                        (ii) any past, present, or projected fu-
                                                                         2                                 ture economic development investments in
                                                                         3                                 the applicable area, including, with respect
                                                                         4                                 to the investment—
                                                                         5                                                 (I) each public and private par-
                                                                         6                                        ticipant; and
                                                                         7                                                 (II) each source of funding.
                                                                         8                                 (B) A comprehensive strategy, for the 10-
                                                                         9                       year period beginning on the proposed date of
                                                                       10                        receipt of a RECOMPETE grant, to address
                                                                       11                        the economic challenges identified under sub-
                                                                       12                        paragraph (A)(i), in accordance with subsection
                                                                       13                        (d), in a manner that—
                                                                       14                                         (i) promotes long-term, sustained eco-
                                                                       15                                  nomic growth, opportunity, job creation,
                                                                       16                                  employment, and increased per capita in-
                                                                       17                                  come;
                                                                       18                                         (ii) reduces the prime-age employment
                                                                       19                                  gap of the applicable area;
                                                                       20                                         (iii) creates jobs and connects local
                                                                       21                                  workers to employment and other economic
                                                                       22                                  opportunities;
                                                                       23                                         (iv) maximizes the effective develop-




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                                                                       24                                  ment and use of the local workforce; and




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                                                                         1                                        (v) provides accessible resources to
                                                                         2                                 support job attainment and retention.
                                                                         3                                 (C) The total projected cost to carry out
                                                                         4                       the RECOMPETE plan.
                                                                         5                                 (D) The total amount of the RECOM-
                                                                         6                       PETE grant requested, and the justification for
                                                                         7                       that amount.
                                                                         8                                 (E) The roles and responsibilities of each
                                                                         9                       recipient and subrecipient carrying out an activ-
                                                                       10                        ity under the RECOMPETE plan.
                                                                       11                                  (F) The proposed allocation by the recipi-
                                                                       12                        ent to subrecipients of any RECOMPETE
                                                                       13                        grant amounts.
                                                                       14                                  (G) An identification of certain benchmark
                                                                       15                        criteria for use in benchmark evaluations under
                                                                       16                        section 5(a), including reducing the prime-age
                                                                       17                        employment gap of the applicable area by cer-
                                                                       18                        tain percentages at periodic intervals, with the
                                                                       19                        goals of—
                                                                       20                                         (i) reducing the prime-age employ-
                                                                       21                                  ment gap by not less than 50 percent on
                                                                       22                                  completion of the term of the RECOM-
                                                                       23                                  PETE grant provided to the recipient; and




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                                                                         1                                         (ii) achieving compliance with such
                                                                         2                                 other criteria as the Secretary may estab-
                                                                         3                                 lish.
                                                                         4                       (3) OPTIONAL INCLUSIONS.—A RECOMPETE
                                                                         5              plan may include strategies—
                                                                         6                                 (A) to address inequality in the applicable
                                                                         7                       area, such as inequality with respect to income,
                                                                         8                       opportunity, or employment on the basis of
                                                                         9                       race, gender, religion, or sexual orientation;
                                                                       10                                  (B) to support business development and
                                                                       11                        entrepreneurship; and
                                                                       12                                  (C) to support innovation and businesses,
                                                                       13                        job creation, and workforce development in in-
                                                                       14                        dustries expected to continue or increase in
                                                                       15                        force in the applicable area.
                                                                       16                        (4) CONSENT OF PARTIES TO COOPERATION
                                                                       17               AGREEMENT.—If an applicable area is subject to a

                                                                       18               cooperation agreement under section 3(b), the RE-
                                                                       19               COMPETE plan for the applicable area shall be—
                                                                       20                                  (A) developed in accordance with that co-
                                                                       21                        operation agreement; and
                                                                       22                                  (B) consented to by each applicant that is
                                                                       23                        a party to the cooperation agreement.




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                                                                       24                        (5) INTEGRATION WITH COMPREHENSIVE ECO-
                                                                       25               NOMIC DEVELOPMENT STRATEGY.—If an applicable



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                                                                         1              area is subject to a comprehensive economic develop-
                                                                         2              ment strategy approved by the Secretary under sec-
                                                                         3              tion 302 of the Public Works and Economic Devel-
                                                                         4              opment Act of 1965 (42 U.S.C. 3162), the RECOM-
                                                                         5              PETE plan for the applicable area—
                                                                         6                                 (A) shall be integrated with that strategy,
                                                                         7                       to the maximum extent practicable; and
                                                                         8                                 (B) may be developed and included as a
                                                                         9                       supplemental portion of that strategy, rather
                                                                       10                        than as an independent plan.
                                                                       11                        (6) APPROVAL BY SECRETARY.—The Secretary
                                                                       12               shall approve a RECOMPETE plan that the Sec-
                                                                       13               retary determines meets the applicable requirements
                                                                       14               of this subsection.
                                                                       15               (c) PLANNING AND TECHNICAL ASSISTANCE.—
                                                                       16                        (1) PLANNING ASSISTANCE.—
                                                                       17                                  (A) IN GENERAL.—For purposes of assist-
                                                                       18                        ing a recipient in developing a RECOMPETE
                                                                       19                        plan, the Secretary may make an advance pay-
                                                                       20                        ment of a RECOMPETE grant in accordance
                                                                       21                        with subparagraph (B), if the Secretary deter-
                                                                       22                        mines that—
                                                                       23                                         (i) the recipient requires such an ad-




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                                                                       24                                  vance; and
                                                                       25                                         (ii) the advance will be used—


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                                                                         1                                                 (I) effectively; and
                                                                         2                                                 (II) for planning purposes.
                                                                         3                                 (B) MAXIMUM AMOUNT.—The amount of
                                                                         4                       an advance payment under subparagraph (A)
                                                                         5                       shall be equal to not more than the lesser of—
                                                                         6                                        (i) an amount equal to 5 percent of
                                                                         7                                 the         maximum                RECOMPETE                      grant
                                                                         8                                 amount to be provided to the applicable re-
                                                                         9                                 cipient; and
                                                                       10                                         (ii) $300,000.
                                                                       11                                  (C) NO COST SHARE.—An advance pay-
                                                                       12                        ment made under this paragraph shall not be
                                                                       13                        subject to any cost-sharing requirement.
                                                                       14                        (2) TECHNICAL                     ASSISTANCE.—The                        Secretary
                                                                       15               shall provide technical assistance, if necessary, in
                                                                       16               each applicable area relating to—
                                                                       17                                  (A) the development of a RECOMPETE
                                                                       18                        plan that meets the applicable requirements of
                                                                       19                        this subsection with respect to the applicable
                                                                       20                        area; and
                                                                       21                                  (B) implementation of the programs and
                                                                       22                        activities included in the RECOMPETE plan
                                                                       23                        for the applicable area.




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                                                                       24               (d) USE OF FUNDS.—




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                                                                         1                       (1) IN GENERAL.—Subject to paragraphs (2)
                                                                         2              and (3), a recipient or subrecipient may use a RE-
                                                                         3              COMPETE grant to carry out programs and activi-
                                                                         4              ties in the applicable area, in accordance with the
                                                                         5              RECOMPETE plan, including—
                                                                         6                                 (A) the provision of business advice and
                                                                         7                       assistance to small and medium-sized local busi-
                                                                         8                       nesses and entrepreneurs, including—
                                                                         9                                         (i) manufacturing extension services;
                                                                       10                                          (ii) small business development cen-
                                                                       11                                  ters;
                                                                       12                                          (iii) centers to help businesses bid for
                                                                       13                                  Federal procurement contracts;
                                                                       14                                          (iv) entrepreneurial assistance pro-
                                                                       15                                  grams that link entrepreneurs with avail-
                                                                       16                                  able public and private resources;
                                                                       17                                          (v) legal advice and resources; and
                                                                       18                                          (vi) assistance in accessing capital;
                                                                       19                                  (B) land and site development programs,
                                                                       20                        such as brownfield redevelopment, research and
                                                                       21                        technology parks, business incubators, business
                                                                       22                        corridor development, and Main Street redevel-
                                                                       23                        opment programs;




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                                                                         1                                 (C) infrastructure and housing activities
                                                                         2                       that are directly related to supporting job cre-
                                                                         3                       ation and employment for residents, such as—
                                                                         4                                        (i) improvements to transit, roads,
                                                                         5                                 and broadband access;
                                                                         6                                        (ii) affordable housing development;
                                                                         7                                        (iii) land-use and zoning reforms; and
                                                                         8                                        (iv) transit-oriented development ac-
                                                                         9                                 tivities;
                                                                       10                                  (D) job training oriented to local employer
                                                                       11                        needs, such as customized job training pro-
                                                                       12                        grams carried out by local community colleges
                                                                       13                        in partnership with local businesses;
                                                                       14                                  (E) workforce outreach programs, such
                                                                       15                        as—
                                                                       16                                         (i) programs located in, and targeted
                                                                       17                                  to, lower-income and underemployed neigh-
                                                                       18                                  borhoods; and
                                                                       19                                         (ii) embedding job placement and
                                                                       20                                  training services in neighborhood institu-
                                                                       21                                  tions such as churches, housing projects,
                                                                       22                                  and community advocacy programs;
                                                                       23                                  (F) job retention programs and activities,




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                                                                       24                        such as the provision of—




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                                                                         1                                        (i) job coaches, including at locations
                                                                         2                                 of employment;
                                                                         3                                        (ii) child care services, including sub-
                                                                         4                                 sidizing the construction, operation, main-
                                                                         5                                 tenance, and labor costs of child care cen-
                                                                         6                                 ters; and
                                                                         7                                        (iii) transportation support, such as
                                                                         8                                 support for vehicle repairs to assist in the
                                                                         9                                 transit of workers to jobs; and
                                                                       10                                  (G) such other programs and activities as
                                                                       11                        the Secretary determines to be appropriate, in-
                                                                       12                        cluding any proposed programs or activities
                                                                       13                        that the recipient demonstrates clearly and sub-
                                                                       14                        stantially, to the satisfaction of the Secretary,
                                                                       15                        will directly advance the goals of the RECOM-
                                                                       16                        PETE grant program.
                                                                       17                        (2) METHOD.—In carrying out programs and
                                                                       18               activities described in paragraph (1), a recipient or
                                                                       19               subrecipient may—
                                                                       20                                  (A) use amounts provided under a RE-
                                                                       21                        COMPETE grant to carry out such a program
                                                                       22                        or activity directly; or
                                                                       23                                  (B) enter into a contract or other agree-




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                                                                       24                        ment with a subcontractor or vendor (including
                                                                       25                        nongovernmental, nonprofit organizations and


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                                                                         1                       for-profit entities) to carry out such a program
                                                                         2                       or activity.
                                                                         3                       (3) OUTSIDE PROGRAMS AND ACTIVITIES.—A
                                                                         4              recipient acting on behalf of an eligible local commu-
                                                                         5              nity that enters into a cooperation agreement under
                                                                         6              section 3(b)(2)(A)(ii)(II) with a local community
                                                                         7              that is not eligible, but is located within the same
                                                                         8              local labor market, may use amounts provided under
                                                                         9              a RECOMPETE grant to carry out a program or
                                                                       10               activity described in paragraph (1) in the ineligible
                                                                       11               local community, if the program or activity would
                                                                       12               provide a benefit to residents of the eligible local
                                                                       13               community.
                                                                       14               (e) REGIONAL COMMISSIONS.—
                                                                       15                        (1) DEFINITION OF REGIONAL COMMISSION.—
                                                                       16               In this subsection, the term ‘‘Regional Commission’’
                                                                       17               means—
                                                                       18                                  (A) any of the Regional Commissions (as
                                                                       19                        defined in section 3 of the Public Works and
                                                                       20                        Economic Development Act of 1965 (42 U.S.C.
                                                                       21                        3122));
                                                                       22                                  (B) the Northern Border Regional Com-
                                                                       23                        mission;




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                                                                       24                                  (C) the Southeast Crescent Regional Com-
                                                                       25                        mission;


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                                                                         1                                 (D) the Southwest Border Regional Com-
                                                                         2                       mission; and
                                                                         3                                 (E) any other regional commission estab-
                                                                         4                       lished under Federal law, subject to the ap-
                                                                         5                       proval of the Secretary.
                                                                         6                       (2) TECHNICAL ASSISTANCE AND SUPPORT.—If
                                                                         7              an applicant (or any portion of the service area of
                                                                         8              an applicant) is located in a region covered by a Re-
                                                                         9              gional Commission, the Regional Commission is en-
                                                                       10               couraged to provide technical assistance and other
                                                                       11               support relating to applying for a RECOMPETE
                                                                       12               grant and developing and carrying out a RECOM-
                                                                       13               PETE plan to—
                                                                       14                                  (A) the applicant;
                                                                       15                                  (B) the lead entity, if applicable; and
                                                                       16                                  (C) any other relevant entities.
                                                                       17                        (3) ACTION                BY SECRETARY.—The                              Secretary
                                                                       18               shall—
                                                                       19                                  (A) encourage each recipient to coordinate
                                                                       20                        the implementation of a RECOMPETE plan
                                                                       21                        with the activities of each Regional Commission
                                                                       22                        serving the region in which the applicable area
                                                                       23                        is located; and




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                                                                         1                                 (B) ensure that a copy of the RECOM-
                                                                         2                       PETE plan for each applicable area is provided
                                                                         3                       to each affected Regional Commission.
                                                                         4     SEC. 5. ADMINISTRATION, REPORTING, AND OVERSIGHT.

                                                                         5              (a) BENCHMARK EVALUATIONS.—
                                                                         6                       (1) IN GENERAL.—The Secretary shall establish
                                                                         7              a process under which the Secretary shall conduct
                                                                         8              periodic benchmark evaluations of each recipient to
                                                                         9              ensure that the recipient successfully carries out the
                                                                       10               programs and activities described in the RECOM-
                                                                       11               PETE plan of the recipient.
                                                                       12                        (2) TIMING.—The Secretary shall conduct a
                                                                       13               benchmark evaluation of a recipient under this sub-
                                                                       14               section—
                                                                       15                                  (A) for a recipient of a RECOMPETE
                                                                       16                        grant provided during the initial application pe-
                                                                       17                        riod under section 4(a)(2)(B)(i), by not later
                                                                       18                        than 3 years after the date of the initial award
                                                                       19                        of the RECOMPETE grant; and
                                                                       20                                  (B) not less frequently than once every 2
                                                                       21                        years thereafter during the term of the RE-
                                                                       22                        COMPETE grant provided to the recipient.
                                                                       23                        (3) CRITERIA.—In conducting a benchmark




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                                                                       24               evaluation of a recipient under this subsection, the




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                                                                         1              Secretary shall determine whether the recipient
                                                                         2              has—
                                                                         3                                 (A) adhered to the timelines and require-
                                                                         4                       ments of the programs and activities identified
                                                                         5                       in the RECOMPETE plan of the recipient;
                                                                         6                                 (B)         made         sufficient           progress         toward
                                                                         7                       achieving the benchmarks and objectives de-
                                                                         8                       scribed in that RECOMPETE plan;
                                                                         9                                 (C) increased the overall employment rate,
                                                                       10                        the prime-age employment rate, median house-
                                                                       11                        hold income, and per capita income in the ap-
                                                                       12                        plicable area; and
                                                                       13                                  (D) achieved compliance with such other
                                                                       14                        criteria as the Secretary determines to be rel-
                                                                       15                        evant.
                                                                       16               (b) MODIFICATION OF PLANS.—
                                                                       17                        (1) REQUIREMENT FOR RECIPIENTS.—A recipi-
                                                                       18               ent shall modify the RECOMPETE plan of the re-
                                                                       19               cipient, or any program or activity conducted under
                                                                       20               that RECOMPETE plan, if the Secretary—
                                                                       21                                  (A) determines that—
                                                                       22                                         (i) such a program or activity is inef-
                                                                       23                                  fective or underperforming; or




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                                                                       24                                         (ii) with respect to the RECOMPETE
                                                                       25                                  plan, program, or activity—


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                                                                         1                                                 (I) an applicable performance
                                                                         2                                        metric or criterion has not been met;
                                                                         3                                        or
                                                                         4                                                 (II) funds have been misused;
                                                                         5                                        and
                                                                         6                                 (B) directs the recipient to modify the RE-
                                                                         7                       COMPETE plan, program, or activity.
                                                                         8                       (2) AUTHORITY OF SECRETARY.—
                                                                         9                                 (A) ADJUSTMENTS                         AND        INCREASES   IN

                                                                       10                        FUNDING.—The                     Secretary may increase the
                                                                       11                        amount of the RECOMPETE grant provided to
                                                                       12                        the recipient as the Secretary determines to be
                                                                       13                        appropriate, taking into consideration any
                                                                       14                        modifications made to the RECOMPETE plan
                                                                       15                        under paragraph (1), in an amount equal to not
                                                                       16                        more than the maximum amount available on
                                                                       17                        the date of approval of the RECOMPETE
                                                                       18                        grant application for the applicable area and
                                                                       19                        subject to the availability of funds, if the Sec-
                                                                       20                        retary determines that—
                                                                       21                                         (i) events or other factors beyond the
                                                                       22                                  control of the recipient significantly—
                                                                       23                                                  (I) altered applicable project cir-




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                                                                       24                                         cumstances; or




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                                                                         1                                                 (II) prevented the recipient from
                                                                         2                                        meeting the objectives and bench-
                                                                         3                                        marks of the RECOMPETE plan; or
                                                                         4                                        (ii) a labor market, economic, busi-
                                                                         5                                 ness, or technology shift, or any other
                                                                         6                                 major factor, warrants such a modification
                                                                         7                                 and increase in funding.
                                                                         8                                 (B) WITHHOLDING                           AND          TERMINATING

                                                                         9                       FUNDING.—The                      Secretary             may         temporarily
                                                                       10                        withhold or terminate any amount scheduled to
                                                                       11                        be provided under a RECOMPETE grant if the
                                                                       12                        Secretary determines that—
                                                                       13                                         (i) after a reasonable effort, an agree-
                                                                       14                                  ment cannot be reached with respect to a
                                                                       15                                  modification to a RECOMPETE plan rec-
                                                                       16                                  ommended or required by the Secretary
                                                                       17                                  under this subsection; or
                                                                       18                                         (ii)(I) a gross, intentional misuse of
                                                                       19                                  RECOMPETE grant funds (including any
                                                                       20                                  activity subject to a penalty under section
                                                                       21                                  605 of the Public Works and Economic
                                                                       22                                  Development Act of 1965 (42 U.S.C.
                                                                       23                                  3215)) has occurred; and




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                                                                       24                                         (II) the individual or entity respon-
                                                                       25                                  sible for the misuse is not removed from all


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                                                                         1                                 programs and activities carried out under
                                                                         2                                 the RECOMPETE plan.
                                                                         3              (c) RECIPIENT REPORTING REQUIREMENTS.—Each
                                                                         4 recipient shall be subject to—
                                                                         5                       (1) the grant reporting requirements under part
                                                                         6              200 of title 2, Code of Federal Regulations (or suc-
                                                                         7              cessor regulations); and
                                                                         8                       (2) such additional, clear, annual reporting re-
                                                                         9              quirements as the Secretary may establish to gather
                                                                       10               any information necessary to conduct the benchmark
                                                                       11               and final evaluations under this section.
                                                                       12               (d) FINAL EVALUATION.—
                                                                       13                        (1) IN GENERAL.—Not later than 1 year after
                                                                       14               the final disbursement of a RECOMPETE grant is
                                                                       15               provided to each recipient, the Secretary, in coopera-
                                                                       16               tion with the recipient and each applicable sub-
                                                                       17               recipient, shall conduct a final evaluation of the suc-
                                                                       18               cess of the programs and activities carried out under
                                                                       19               the RECOMPETE plan of the recipient.
                                                                       20                        (2) CRITERIA.—The Secretary shall establish
                                                                       21               criteria for use in conducting final evaluations under
                                                                       22               this subsection—
                                                                       23                                  (A) in addition to the criteria established




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                                                                       24                        under subsection (a)(3); and




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                                                                         1                                 (B) taking into consideration the goal of
                                                                         2                       reducing the prime-age employment gap of each
                                                                         3                       applicable area by 50 percent.
                                                                         4                       (3) REQUIREMENTS                         FOR RECIPIENTS.—Each

                                                                         5              recipient and subrecipient shall—
                                                                         6                                 (A) cooperate with the Secretary in con-
                                                                         7                       ducting a final evaluation under this subsection;
                                                                         8                       and
                                                                         9                                 (B) provide to the Secretary any informa-
                                                                       10                        tion necessary for that evaluation.
                                                                       11               (e) REPORT TO CONGRESS.—The Secretary shall
                                                                       12 submit to Congress comprehensive and detailed annual re-
                                                                       13 ports describing the implementation of this Act, including,
                                                                       14 with respect to the period covered by the report—
                                                                       15                        (1)(A) a summary assessment of the overall
                                                                       16               progress of the RECOMPETE grant program; and
                                                                       17                        (B) as data become available, an analysis of the
                                                                       18               effectiveness of that program;
                                                                       19                        (2) labor market and economic metrics to de-
                                                                       20               scribe the impact of the RECOMPETE grant pro-
                                                                       21               gram, including any progress made toward—
                                                                       22                                  (A)         decreasing             prime-age             employment
                                                                       23                        gaps; or




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                                                                       24                                  (B) increasing local per capita income;
                                                                       25                        (3) detailed demographic analyses of—


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                                                                         1                                 (A) the populations served by recipients;
                                                                         2                       and
                                                                         3                                 (B) relevant labor market statistics;
                                                                         4                       (4) a summary of the benchmark evaluations
                                                                         5              conducted under subsection (a), as available;
                                                                         6                       (5) an identification of, and reasons for reject-
                                                                         7              ing or deferring, as applicable, each application sub-
                                                                         8              mitted under section 4(a)(2), including the applica-
                                                                         9              ble annual RECOMPETE grant amount limitation
                                                                       10               established by the Secretary under subparagraph
                                                                       11               (C)(i)(II) of that section, if any; and
                                                                       12                        (6) such other details as the Secretary deter-
                                                                       13               mines to be appropriate.
                                                                       14               (f) APPLICABILITY OF PWEDA.—
                                                                       15                        (1) IN GENERAL.—The following sections of the
                                                                       16               Public Works and Economic Development Act of
                                                                       17               1965 shall apply to this Act (including the RECOM-
                                                                       18               PETE grant program):
                                                                       19                                  (A) Section 211 (42 U.S.C. 3151).
                                                                       20                                  (B) Section 503 (42 U.S.C. 3193).
                                                                       21                                  (C) Section 504 (42 U.S.C. 3194).
                                                                       22                                  (D) Section 602 (42 U.S.C. 3212).
                                                                       23                                  (E) Section 604 (42 U.S.C. 3214).




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                                                                       24                                  (F) Section 605 (42 U.S.C. 3215).
                                                                       25                                  (G) Section 608 (42 U.S.C. 3218).


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                                                                         1                                 (H) Section 610 (42 U.S.C. 3220).
                                                                         2                       (2)       AUTHORITIES                   AND          DUTIES              OF   SEC-

                                                                         3              RETARY.—The Secretary shall have the authorities

                                                                         4              and duties provided by the sections of the Public
                                                                         5              Works and Economic Development Act of 1965 (42
                                                                         6              U.S.C. 3121 et seq.) referred to in paragraph (1) in
                                                                         7              administering and enforcing this Act (including the
                                                                         8              RECOMPETE grant program).
                                                                         9     SEC. 6. FUNDING.

                                                                       10               (a) AUTHORIZATION OF APPROPRIATIONS.—There is
                                                                       11 authorized to be appropriated to the Secretary to carry
                                                                       12 out this Act $175,000,000,000 for fiscal year 2022, to re-
                                                                       13 main available until expended.
                                                                       14               (b) ALLOCATION.—
                                                                       15                        (1) IN GENERAL.—Subject to paragraph (2), of
                                                                       16               the amounts made available under subsection (a),
                                                                       17               the Secretary shall allocate—
                                                                       18                                  (A) not less than 70 percent to recipients
                                                                       19                        acting on behalf of local labor markets or par-
                                                                       20                        tial local labor markets;
                                                                       21                                  (B) not more than 20 percent to recipients
                                                                       22                        acting on behalf of local communities; and
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                                                                       24                        Tribal governments.




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                                                                         1                       (2) TREATMENT OF CERTAIN AMOUNTS.—The
                                                                         2              amounts allocated pursuant to paragraphs (5) and
                                                                         3              (6)(B) of subsection (c) shall not be taken into con-
                                                                         4              sideration for purposes of calculations under para-
                                                                         5              graph (1).
                                                                         6                       (3)         ADMINISTRATIVE                        COSTS            AND   PER-

                                                                         7              SONNEL.—

                                                                         8                                 (A) IN GENERAL.—Of any amounts made
                                                                         9                       available to carry out this Act, the Secretary
                                                                       10                        shall transfer not less than 1 percent to the
                                                                       11                        Salary and Expenses Account of the Secretary
                                                                       12                        for the costs of administration and oversight of
                                                                       13                        this Act.
                                                                       14                                  (B) PERSONNEL.—The Secretary may—
                                                                       15                                         (i) appoint and fix the compensation
                                                                       16                                  of such temporary personnel as may be
                                                                       17                                  necessary to carry out this Act; and
                                                                       18                                         (ii) effective beginning on the date on
                                                                       19                                  which an individual appointed under clause
                                                                       20                                  (i) has served continuously in that appoint-
                                                                       21                                  ment for 2 years, appoint the individual to
                                                                       22                                  a position in the Economic Development
                                                                       23                                  Administration in the same manner in




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                                                                       24                                  which competitive service employees with
                                                                       25                                  competitive status are considered for trans-


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                                                                         1                                 fer, reassignment, or promotion to such a
                                                                         2                                 position, at which time the individual shall
                                                                         3                                 become a career-conditional employee, un-
                                                                         4                                 less the individual has completed the serv-
                                                                         5                                 ice requirements for career tenure.
                                                                         6              (c) GRANT FORMULAS.—
                                                                         7                       (1) IN GENERAL.—Subject to subsection (e),
                                                                         8              based on the information relating to projected costs
                                                                         9              contained in applicable RECOMPETE plans under
                                                                       10               subparagraph (C) of section 4(b)(2), and the jus-
                                                                       11               tifications described in subparagraph (D) of that
                                                                       12               section, the amount of a RECOMPETE grant pro-
                                                                       13               vided to a recipient shall be determined in accord-
                                                                       14               ance with this subsection.
                                                                       15                        (2) LOCAL LABOR MARKETS.—An eligible local
                                                                       16               labor market may receive not more than the amount
                                                                       17               equal to the product obtained by multiplying—
                                                                       18                                  (A) the prime-age employment gap of the
                                                                       19                        local labor market;
                                                                       20                                  (B) the prime-age population of the local
                                                                       21                        labor market; and
                                                                       22                                  (C) $70,585.
                                                                       23                        (3) LOCAL               COMMUNITIES.—Subject                             to para-




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                                                                       24               graph (6), an eligible local community may receive




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                                                                         1              not more than the amount equal to the product ob-
                                                                         2              tained by multiplying—
                                                                         3                                 (A) the prime-age employment gap of the
                                                                         4                       local community;
                                                                         5                                 (B) the prime-age population of the local
                                                                         6                       community; and
                                                                         7                                 (C) $53,600.
                                                                         8                       (4) PARTIAL LOCAL LABOR MARKETS.—An eli-
                                                                         9              gible partial local labor market may receive not more
                                                                       10               than the amount equal to the product obtained by
                                                                       11               multiplying—
                                                                       12                                  (A) the population of the partial local labor
                                                                       13                        market;
                                                                       14                                  (B) the lesser of—
                                                                       15                                         (i) the prime-age employment gap of
                                                                       16                                  the local labor market within which the
                                                                       17                                  partial local labor market is located; and
                                                                       18                                         (ii) the prime-age employment gap of
                                                                       19                                  the partial local labor market; and
                                                                       20                                  (C) $70,585.
                                                                       21                        (5) TRIBAL GOVERNMENTS.—
                                                                       22                                  (A) IN GENERAL.—An eligible Tribal gov-
                                                                       23                        ernment may receive not more than the amount




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                                                                       24                        equal to the product obtained by multiplying,
                                                                       25                        subject to subparagraph (B)—


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                                                                         1                                        (i) the prime-age employment gap of
                                                                         2                                 the Tribal government;
                                                                         3                                        (ii) the prime-age population of the
                                                                         4                                 Tribal government; and
                                                                         5                                        (iii) $70,585.
                                                                         6                                 (B) CALCULATION OF POPULATION.—
                                                                         7                                        (i) IN GENERAL.—Subject to clause
                                                                         8                                 (ii), for purposes of subparagraph (A), the
                                                                         9                                 population of a Tribal government shall be
                                                                       10                                  equal to the sum obtained by adding—
                                                                       11                                                  (I) the product obtained by mul-
                                                                       12                                         tiplying—
                                                                       13                                                            (aa) the total number of in-
                                                                       14                                                  dividuals residing on the Tribal
                                                                       15                                                  land of the Tribal government;
                                                                       16                                                  and
                                                                       17                                                            (bb) 0.65; and
                                                                       18                                                  (II) the product obtained by mul-
                                                                       19                                         tiplying—
                                                                       20                                                            (aa) the total number of in-
                                                                       21                                                  dividuals included on the mem-
                                                                       22                                                  bership roll of the Tribal govern-
                                                                       23                                                  ment; and




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                                                                       24                                                            (bb) 0.35.




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                                                                         1                                        (ii) USE OF DATA.—Each calculation
                                                                         2                                 under clause (i) shall be determined based
                                                                         3                                 on data provided by the applicable Tribal
                                                                         4                                 government to the Department of the
                                                                         5                                 Treasury under the Coronavirus State and
                                                                         6                                 Local Fiscal Recovery Fund programs
                                                                         7                                 under title VI of the Social Security Act
                                                                         8                                 (42 U.S.C. 801 et seq.) (as amended by
                                                                         9                                 subtitle M of title IX of the American Res-
                                                                       10                                  cue Plan Act of 2021 (Public Law 117–2;
                                                                       11                                  135 Stat. 4)).
                                                                       12                        (6) LOCAL COMMUNITIES WITH COOPERATION
                                                                       13               AGREEMENTS.—If an eligible local community elects

                                                                       14               to enter into a cooperation agreement under section
                                                                       15               3(b)(2)(A) with 1 or more local communities that
                                                                       16               are not eligible—
                                                                       17                                  (A) each eligible local community that is a
                                                                       18                        party to the cooperation agreement may receive
                                                                       19                        the maximum amount available to the eligible
                                                                       20                        local community, as determined under para-
                                                                       21                        graph (3); and
                                                                       22                                  (B) the Secretary may award to the lead
                                                                       23                        entity an additional amount equal to not more




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                                                                       24                        than 10 percent of the total amount provided
                                                                       25                        under subparagraph (A), for distribution by the


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                                                                         1                       lead entity to any local community or other ap-
                                                                         2                       plicant that is a party to the cooperation agree-
                                                                         3                       ment, regardless of whether the local commu-
                                                                         4                       nity or other applicant is eligible, for use in ac-
                                                                         5                       cordance with the applicable RECOMPETE
                                                                         6                       plan.
                                                                         7              (d) OBLIGATION AND DISBURSEMENT OF FUNDS.—
                                                                         8                       (1) IN GENERAL.—On approval by the Sec-
                                                                         9              retary of an application under section 4(a)(2)(E),
                                                                       10               the Secretary shall—
                                                                       11                                  (A) obligate the entire amount of the RE-
                                                                       12                        COMPETE grant for the applicable recipient;
                                                                       13                        and
                                                                       14                                  (B) disburse that amount to the recipient
                                                                       15                        annually for each of the 10 fiscal years begin-
                                                                       16                        ning after the date of obligation, in accordance
                                                                       17                        with this subsection.
                                                                       18                        (2) PROPOSALS.—To receive an annual dis-
                                                                       19               bursement under paragraph (1), a recipient shall
                                                                       20               submit to the Secretary a proposal describing the in-
                                                                       21               tended use by the recipient of the disbursement dur-
                                                                       22               ing the applicable fiscal year (including the pro-
                                                                       23               grams and activities proposed to be carried out and




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                                                                       24               any subcontractor or vendor proposed to be used for




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                                                                         1              those purposes), in accordance with the RECOM-
                                                                         2              PETE plan of the recipient.
                                                                         3                       (3) PROVISION OF FUNDING.—On approval by
                                                                         4              the Secretary of a proposal submitted by a recipient
                                                                         5              under paragraph (2), the Secretary shall disburse to
                                                                         6              the recipient the amount of the RECOMPETE
                                                                         7              grant due to the recipient for the fiscal year, for use
                                                                         8              in accordance with—
                                                                         9                                 (A) the proposal; and
                                                                       10                                  (B) the RECOMPETE plan of the recipi-
                                                                       11                        ent.
                                                                       12               (e) COST SHARING.—
                                                                       13                        (1) FEDERAL SHARE.—
                                                                       14                                  (A) IN GENERAL.—The Federal share of
                                                                       15                        the cost of each program and activity carried
                                                                       16                        out using a RECOMPETE grant shall be the
                                                                       17                        cost share described in subparagraph (B) for
                                                                       18                        the applicable recipient, subject to subpara-
                                                                       19                        graph (C) and paragraphs (2) through (4).
                                                                       20                                  (B) DESCRIPTIONS OF COST SHARES.—
                                                                       21                                         (i) LOCAL LABOR MARKETS.—For an
                                                                       22                                  eligible local labor market, the cost share
                                                                       23                                  referred to in subparagraph (A) shall be—




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                                                                         1                                                    (I) 50 percent for an eligible
                                                                         2                                          local labor market with a prime-age
                                                                         3                                          employment gap equal to—
                                                                         4                                                             (aa) not less than 2.5 per-
                                                                         5                                                    cent; but
                                                                         6                                                             (bb) less than 3 percent; and
                                                                         7                                                    (II) an additional 6.25 percent
                                                                         8                                          for each prime-age employment gap
                                                                         9                                          percentage point of 3 percent or more,
                                                                       10                                           as determined in accordance with the
                                                                       11                                           following table:

                                                                                                                                                                                Federal
                                                                                            Local labor market prime-age employment gap                                          share

                                                                               3 percent to less than 4 percent .....................................................               56.25
                                                                                                                                                                                  percent
                                                                               4 percent to less than 5 percent .....................................................                62.5
                                                                                                                                                                                  percent
                                                                               5 percent to less than 6 percent .....................................................               68.75
                                                                                                                                                                                  percent
                                                                               6 percent to less than 7 percent .....................................................          75 percent
                                                                               7 percent to less than 8 percent .....................................................               81.25
                                                                                                                                                                                  percent
                                                                               8 percent to less than 9 percent .....................................................                87.5
                                                                                                                                                                                  percent
                                                                               9 percent to less than 10 percent ...................................................                93.75
                                                                                                                                                                                  percent
                                                                               10 percent or greater ......................................................................   100 percent.


                                                                       12                                           (ii) LOCAL COMMUNITIES.—For an el-
                                                                       13                                  igible local community, the cost share re-
                                                                       14                                  ferred to in subparagraph (A) shall be—




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                                                                       15                                                     (I) 68.75 percent for an eligible
                                                                       16                                           local community with a prime-age em-
                                                                       17                                           ployment gap equal to—
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                                                                         1                                                             (aa) not less than 5 percent;
                                                                         2                                                    but
                                                                         3                                                             (bb) less than 6 percent; and
                                                                         4                                                    (II) an additional 6.25 percent
                                                                         5                                          for each prime-age employment gap
                                                                         6                                          percentage point of 6 percent or more,
                                                                         7                                          up to 100 percent, as determined in
                                                                         8                                          accordance with the following table:

                                                                                                                                                                                Federal
                                                                                                Local community prime-age employment gap                                         share

                                                                               6 percent to less than 7 percent .....................................................          75 percent
                                                                               7 percent to less than 8 percent .....................................................               81.25
                                                                                                                                                                                  percent
                                                                               8 percent to less than 9 percent .....................................................                87.5
                                                                                                                                                                                  percent
                                                                               9 percent to less than 10 percent ...................................................                93.75
                                                                                                                                                                                  percent
                                                                               10 percent or greater ......................................................................   100 percent.


                                                                         9                                          (iii) PARTIAL                   LOCAL            LABOR         MAR-

                                                                       10                                   KETS.—

                                                                       11                                                     (I) IN             GENERAL.—Subject                      to
                                                                       12                                           subclause (II), for an eligible partial
                                                                       13                                           local labor market, the cost share re-
                                                                       14                                           ferred to in subparagraph (A) shall
                                                                       15                                           be—
                                                                       16                                                              (aa) 50 percent for an eligi-
                                                                       17                                                     ble partial local labor market




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                                                                       18                                                     with a prime-age employment
                                                                       19                                                     gap equal to—

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                                                                         1                                                                      (AA) not less than 2.5
                                                                         2                                                             percent; but
                                                                         3                                                                      (BB) less than 3 per-
                                                                         4                                                             cent; and
                                                                         5                                                             (bb) an additional 6.25 per-
                                                                         6                                                    cent for each prime-age employ-
                                                                         7                                                    ment gap percentage point of 3
                                                                         8                                                    percent or more, as determined
                                                                         9                                                    in accordance with the following
                                                                       10                                                     table:

                                                                                   Lesser of partial local labor market, and local labor market,                                Federal
                                                                                                   prime-age employment gaps                                                     share

                                                                               3 percent to less than 4 percent .....................................................               56.25
                                                                                                                                                                                  percent
                                                                               4 percent to less than 5 percent .....................................................                62.5
                                                                                                                                                                                  percent
                                                                               5 percent to less than 6 percent .....................................................               68.75
                                                                                                                                                                                  percent
                                                                               6 percent to less than 7 percent .....................................................          75 percent
                                                                               7 percent to less than 8 percent .....................................................               81.25
                                                                                                                                                                                  percent
                                                                               8 percent to less than 9 percent .....................................................                87.5
                                                                                                                                                                                  percent
                                                                               9 percent to less than 10 percent ...................................................                93.75
                                                                                                                                                                                  percent
                                                                               10 percent or greater ......................................................................   100 percent.


                                                                       11                                                     (II) CERTAIN LOCAL LABOR MAR-
                                                                       12                                           KETS.—If                an eligible partial local
                                                                       13                                           labor market is located within a local
                                                                       14                                           labor market with a prime-age em-




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                                                                       15                                           ployment gap that is less than the
                                                                       16                                           prime-age employment gap of the par-
                                                                       17                                           tial local labor market, the prime-age
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                                                                                                                              54
                                                                         1                                        employment gap of the local labor
                                                                         2                                        market shall be used for purposes of
                                                                         3                                        calculating the Federal share of the
                                                                         4                                        partial local labor market under sub-
                                                                         5                                        clause (I).
                                                                         6                                        (iv) TRIBAL GOVERNMENTS.—For an
                                                                         7                                 eligible Tribal government, the cost share
                                                                         8                                 referred to in subparagraph (A) shall be
                                                                         9                                 100 percent.
                                                                       10                                  (C) AVAILABLE INCREASES.—
                                                                       11                                         (i) RELATIVE                    NEED.—The               Federal
                                                                       12                                  share determined for a recipient under
                                                                       13                                  clause (i), (ii), or (iii) of subparagraph (B)
                                                                       14                                  may be increased, based on the relative
                                                                       15                                  need of each applicable area and recipient
                                                                       16                                  and in accordance with such regulations as
                                                                       17                                  the Secretary may promulgate, to not more
                                                                       18                                  than 80 percent of the total estimated cost
                                                                       19                                  of the programs and activities included in
                                                                       20                                  the RECOMPETE Plan for the applicable
                                                                       21                                  area.
                                                                       22                                         (ii) SEVERE ECONOMIC NEED.—The
                                                                       23                                  Federal share determined for a recipient




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                                                                       24                                  under subparagraph (B) may be increased
                                                                       25                                  to not more than 100 percent of the total


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                                                                         1                                 estimated cost of the programs and activi-
                                                                         2                                 ties included in the RECOMPETE Plan
                                                                         3                                 for the applicable area in any case in
                                                                         4                                 which the Secretary determines that the
                                                                         5                                 recipient or a subrecipient has—
                                                                         6                                                 (I) exhausted all other reasonable
                                                                         7                                        financing and funding options; and
                                                                         8                                                 (II) demonstrated severe eco-
                                                                         9                                        nomic need.
                                                                       10                        (2) SPECIAL RULE.—
                                                                       11                                  (A) IN GENERAL.—Except as provided in
                                                                       12                        subparagraph (B), the Federal share calculated
                                                                       13                        for an eligible local community under paragraph
                                                                       14                        (1) shall not be reduced due to an election by
                                                                       15                        the eligible local community to enter into a co-
                                                                       16                        operation agreement under section 3(b)(2)(A).
                                                                       17                                  (B) EXCEPTION.—If additional amounts
                                                                       18                        are provided for an eligible local community for
                                                                       19                        distribution to subrecipients under section
                                                                       20                        3(b)(2)(A)(iii), the Federal share calculated
                                                                       21                        under paragraph (1) for the eligible local com-
                                                                       22                        munity shall be not more than 50 percent, sub-
                                                                       23                        ject to any increase in accordance with clause




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                                                                       24                        (i) or (ii) of paragraph (1)(C), as applicable.




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                                                                         1                       (3) NON-FEDERAL CONTRIBUTIONS.—In calcu-
                                                                         2              lating the non-Federal share of the cost of a pro-
                                                                         3              gram or activity carried out under a RECOMPETE
                                                                         4              plan, the Secretary may provide a credit toward the
                                                                         5              non-Federal share for any non-Federal contribution
                                                                         6              to the program or activity—
                                                                         7                                 (A) in cash or in-kind;
                                                                         8                                 (B) fairly evaluated; and
                                                                         9                                 (C) including any contribution of space,
                                                                       10                        equipment, assumption of debt, or service.
                                                                       11                        (4) REASSESSMENT.—
                                                                       12                                  (A) IN GENERAL.—The Federal share and
                                                                       13                        non-Federal share determined for a recipient
                                                                       14                        under paragraphs (1) and (2) shall apply dur-
                                                                       15                        ing the period beginning on the date of enact-
                                                                       16                        ment of this Act and ending on the date on
                                                                       17                        which the initial benchmark evaluation relating
                                                                       18                        to the recipient is conducted under section 5(a).
                                                                       19                                  (B) PERIODIC REEVALUATION.—As soon
                                                                       20                        as practicable after the date on which each
                                                                       21                        benchmark evaluation relating to a recipient is
                                                                       22                        conducted under section 5(a), the Secretary
                                                                       23                        shall—




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                                                                         1                                        (i) reevaluate the Federal share and
                                                                         2                                 non-Federal share determined for the re-
                                                                         3                                 cipient under this subsection; and
                                                                         4                                        (ii) determine whether such a cost
                                                                         5                                 share should be adjusted, subject to sub-
                                                                         6                                 paragraph (C).
                                                                         7                                 (C) LIMITATION ON FEDERAL SHARE.—
                                                                         8                       The Federal share determined for a recipient
                                                                         9                       under this subsection—
                                                                       10                                         (i) shall not be decreased by more
                                                                       11                                  than—
                                                                       12                                                  (I) 10 percent, as compared to
                                                                       13                                         the Federal share determined for the
                                                                       14                                         recipient under this subsection for the
                                                                       15                                         preceding period; or
                                                                       16                                                  (II) 30 percent, in total; and
                                                                       17                                         (ii) shall be not less than 50 percent.
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