Congressional Record, Volume 166, Number 215 (Friday, December 18, 2020) — Senate, Pages S7713-S7806
Summary
Senate pages S7713-S7806 of the Congressional Record for Friday, December 18, 2020 print the text of bill S. 5065, the Economic Justice Act, introduced by Schumer with Murray, Wyden, Durbin and other senators. The bill would provide more than $435,000,000,000 in immediate and long-term investments in communities to promote economic justice and was referred to the Committee on Finance. Thune asked unanimous consent that the text be printed in the Record. Its titles include a Child Care Is Essential Program with a Child Care Stabilization Fund grants program, support for community health centers and hospitals, and jobs, training and at-risk youth initiatives responding to the COVID-19 national emergency.
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[Congressional Record Volume 166, Number 215 (Friday, December 18, 2020)]
[Senate]
[Pages S7713-S7806]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. SCHUMER (for himself, Mrs. Murray, Mr. Wyden, Mr. Durbin,
Mr. Reed, Mr. Carper, Ms. Stabenow, Mr. Brown, Mr. Warner, Mrs.
Gillibrand, Ms. Hirono, Mr. Booker, Ms. Duckworth, Ms. Harris,
Mr. Udall, Mr. Cardin, Ms. Baldwin, Mr. Merkley, Mr.
Whitehouse, Mr. Schatz, Mr. Sanders, Ms. Klobuchar, Mr.
Blumenthal, Mr. Van Hollen, Mr. Heinrich, and Mr. Peters):
S. 5065. A bill to provide more than $435,000,000,000 in immediate
and long-term investments in communities to promote economic justice,
and for other purposes; to the Committee on Finance.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 5065
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Justice Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Emergency designation.
TITLE I--CHILD CARE IS ESSENTIAL PROGRAM
Sec. 1001. Child care is essential program.
TITLE II--EXPANDING AND IMPROVING ACCESS TO COMMUNITY HEALTH CARE
Subtitle A--Support for Health Centers, Hospitals, and Other Health
Care Facilities
Sec. 2101. Primary health care.
Sec. 2102. Additional community health center funding.
Sec. 2103. Teaching health centers that operate graduate medical
education program.
Sec. 2104 Hospital infrastructure.
Sec. 2105. 21st century Indian health program hospitals and outpatient
health care facilities.
Sec. 2106. Pilot program to improve community-based care
infrastructure.
Sec. 2107. School-based health centers.
Subtitle B--Support for Health Care Workforce Training
Sec. 2201. Grants for schools of medicine and schools of osteopathic
medicine in underserved areas.
Sec. 2202. Support for nursing education and the future nursing
workforce.
Sec. 2203. Loan Repayment Program for substance use disorder treatment
workforce.
Sec. 2204. Loan repayment and scholarship programs for the nursing
workforce.
Sec. 2205. Additional funding for health professions education.
Sec. 2206. Additional funding for nursing workforce development.
Sec. 2207. National Health Service Corps.
Subtitle C--Improving Access to Health Care Services
Sec. 2301. Expanding access to mental health services and certain
evaluation and management services furnished through
telehealth.
Sec. 2302. Enhanced Federal Medicaid support for community-based mobile
crisis intervention services.
Sec. 2303. Extension and expansion of Community Mental Health Services
demonstration program; funding for the Certified
Community Behavioral Health Clinic Expansion Grant
Program.
[[Page S7714]]
Sec. 2304. Expanding capacity for health outcomes.
Sec. 2305. Ryan White HIV/AIDS program.
Sec. 2306. Community mental health services block grant.
Sec. 2307. Substance abuse prevention and treatment block grant.
TITLE III--FEDERALLY SUPPORTED JOBS, TRAINING, AND AT-RISK YOUTH
INITIATIVES
Subtitle A--Department of Labor Employment and Training Programs
Sec. 3101. Definitions and WIOA requirements.
Chapter 1--Workforce Development Activities in Response to the COVID-19
National Emergency
Sec. 3111. Workforce response activities.
Sec. 3112. National dislocated worker grants.
Sec. 3113. State dislocated worker activities responding to the COVID-
19 emergency.
Sec. 3114. Youth workforce investment activities responding to the
COVID-19 national emergency.
Sec. 3115. Adult employment and training activities responding to the
COVID-19 national emergency.
Chapter 2--Employment Service COVID-19 National Emergency Response Fund
Sec. 3121. Employment service.
Chapter 3--Job Corps Response to the COVID-19 National Emergency
Sec. 3131. Job Corps response to the COVID-19 national emergency.
Chapter 4--National Programs
Sec. 3141. Native American programs responding to the COVID-19 national
emergency.
Sec. 3142. Migrant and seasonal farmworker program response.
Sec. 3143. YouthBuild activities responding to the COVID-19 national
emergency.
Sec. 3144. Reentry employment opportunities responding to the COVID-19
national emergency.
Sec. 3145. Registered apprenticeship opportunities responding to the
COVID-19 national emergency.
Chapter 5--Adult Education and Literacy COVID-19 National Emergency
Response
Sec. 3151. Definitions.
Sec. 3152. Adult education and literacy response activities.
Sec. 3153. Distribution of funds.
Chapter 6--Community College and Industry Partnership Grants
Sec. 3161. Community college and industry partnership grants.
Chapter 7--Senior Community Service Employment Program
Sec. 3171. Appropriations.
Chapter 8--General Provisions
Sec. 3176. General provisions.
Subtitle B--Carl D. Perkins Career and Technical Education Act of 2006
Sec. 3201. Definitions and Perkins CTE requirements.
Sec. 3202. COVID-19 career and technical education response
flexibility.
Sec. 3203. Perkins career and technical education.
Sec. 3204. General provisions.
Subtitle C--Pandemic TANF Assistance
Sec. 3301. Emergency flexibility for State and Tribal TANF programs.
Sec. 3302. Coronavirus Emergency Assistance Grants for Low-Income
Families.
Subtitle D--Preventing Child Abuse and Neglect
Sec. 3401. CAPTA investments.
Subtitle E--Modernizing Child Support
Sec. 3501. Short title; definition.
Chapter 1--Promoting Responsible Fatherhood and Strengthening Low-
Income Families
Sec. 3511. Reauthorization of healthy marriage promotion and
responsible fatherhood grants.
Chapter 2--Improving Resources for Domestic Violence and Family
Strengthening
Sec. 3521. Best practices for coordination of policy to address
domestic violence and family engagement.
Sec. 3522. Grants supporting healthy family partnerships for domestic
violence intervention and prevention.
Sec. 3523. Procedures to address domestic violence.
Chapter 3--Modernization of Child Support Enforcement
Sec. 3531. Pilot program to stay automatic child support enforcement
against non-custodial parents participating in a healthy
marriage or responsible fatherhood program.
Sec. 3532. Closure of certain child support enforcement cases.
Chapter 4--Parenting Time Services Pilot Program
Sec. 3541. Parenting time services pilot program.
Chapter 5--Improvements to the Child Support Pass-through Requirements
Sec. 3551. Child support pass-through program improvements.
Sec. 3552. Ban on recovery of Medicaid costs for births.
Sec. 3553. Improving State documentation and reporting of child support
collection data.
Chapter 6--Program Flexibility During the COVID-19 Pandemic
Sec. 3561. Emergency TANF flexibility.
Sec. 3562. 2020 recovery rebates not subject to reduction or offset
with respect to past-due support.
Sec. 3563. Protection of 2020 recovery rebates.
Chapter 7--Effective Date
Sec. 3571. Effective date.
TITLE IV--CAPITAL AND SUPPORT FOR SMALL BUSINESSES
Subtitle A--More Lending to Small Businesses in Communities of Color
Sec. 4101. Community advantage loan program.
Sec. 4102. Spurring innovation in underserved markets.
Sec. 4103. Office of Emerging Markets.
Sec. 4104. SBIC Diversity Working Group.
Subtitle B--Minority Business Resiliency
Sec. 4201. Short title.
Sec. 4202. Findings and purposes.
Sec. 4203. Definitions.
Sec. 4204. Minority Business Development Agency.
Chapter 1--COVID-19 Rapid Response
Sec. 4211. Emergency appropriation.
Chapter 2--Existing Initiatives
subchapter a--market development, research, and information
Sec. 4221. Private sector development.
Sec. 4222. Public sector development.
Sec. 4223. Research and information.
subchapter b--minority business development center program
Sec. 4231. Purpose.
Sec. 4232. Definitions.
Sec. 4233. Establishment.
Sec. 4234. Cooperative agreements.
Sec. 4235. Minimizing disruptions to existing Business Centers program.
Sec. 4236. Publicity.
Sec. 4237. Authorization of appropriations.
Chapter 3--New Initiatives to Promote Economic Resiliency for Minority
Businesses
Sec. 4241. Annual diverse business forum on capital formation.
Sec. 4242. Agency study on alternative financing solutions.
Sec. 4243. Educational development relating to management and
entrepreneurship.
Chapter 4--Administrative and Other Powers of the Agency; Miscellaneous
Provisions
Sec. 4251. Administrative powers.
Sec. 4252. Financial assistance.
Sec. 4253. Audits.
Sec. 4254. Review and report by Comptroller general.
Sec. 4255. Annual reports; recommendations.
Sec. 4256. Separability.
Sec. 4257. Executive Order 11625.
Sec. 4258. Amendment to the Federal Acquisition Streamlining Act of
1994.
Subtitle C--PRIME Program
Sec. 4301. Funding for PRIME program.
Subtitle D--Providing Real Opportunities for Growth to Rising
Entrepreneurs for Sustained Success
Sec. 4401. Angel Investor Tax Credit.
Sec. 4402. First Employee Business Wage Credit.
Subtitle E--Community Development Investment
Sec. 4501. Short title.
Sec. 4502. Purpose.
Sec. 4503. Considerations; requirements for creditors.
Sec. 4504. Sense of Congress.
Sec. 4505. Neighborhood Capital Investment Program.
Sec. 4506. Emergency support for CDFIs and communities.
Sec. 4507. Ensuring diversity in community banking.
Sec. 4508. Establishment of Financial Agent Partnership Program.
Sec. 4509. Strengthening minority lending institutions.
Sec. 4510. CDFI Bond Guarantee Reform.
Sec. 4511. Reports.
Sec. 4512. Inspector General oversight.
Sec. 4513. Study and report with respect to impact of programs on low-
and moderate-income and minority communities.
TITLE V--DOWNPAYMENT ON BUILDING 21ST CENTURY INFRASTRUCTURE
Sec. 5001. Findings.
Subtitle A--High-speed Internet
Sec. 5101. Definitions.
Chapter 1--Broadband Connectivity Fund
Sec. 5111. Definitions.
Sec. 5112. Additional broadband benefit.
Sec. 5113. Grants to States to strengthen National Lifeline Eligibility
Verifier.
Sec. 5114. Federal coordination between Lifeline and SNAP verification.
Chapter 2--Tribal Broadband
Sec. 5121. Definitions.
Sec. 5122. Tribal Broadband Fund.
Sec. 5123. Interagency coordination program.
Sec. 5124. Broadband for Tribal libraries and consortiums.
Sec. 5125. Tribal set-aside.
Sec. 5126. Universal service on Tribal land.
[[Page S7715]]
Sec. 5127. Tribal broadband factor.
Sec. 5128. Pilot program for Tribal grant of rights-of-way for
broadband facilities.
Chapter 3--Connected Devices
Sec. 5131. E-Rate support for Wi-Fi hotspots, other equipment, and
connected devices.
Chapter 4--Digital Equity
Sec. 5141. Short title.
Sec. 5142. Definitions.
Sec. 5143. Sense of Congress.
Sec. 5144. State Digital Equity Capacity Grant Program.
Sec. 5145. Digital Equity Competitive Grant Program.
Sec. 5146. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
Sec. 5147. General provisions.
Subtitle B--Affordable Housing and Community Investments and Restoring
Fair Housing Protections
Sec. 5201. Affordable housing and community investments and restoring
fair housing protections.
Subtitle C--School, Library, and Institution Infrastructure
Chapter 1--School Infrastructure
Sec. 5301. Definitions.
Sec. 5302. Development of data standards.
Sec. 5303. Grants for the long-term improvement of public school
facilities.
Sec. 5304. Uses of funds.
Sec. 5305. Rule of construction.
Sec. 5306. Green practices.
Sec. 5307. Use of American iron, steel, and manufactured products.
Sec. 5308. Annual report on grant program.
Sec. 5309. Appropriations.
Sec. 5310. Appropriations for impact aid construction.
Chapter 2--Library Infrastructure
Sec. 5321. Definitions.
Sec. 5322. Build America's Libraries Fund.
Sec. 5323. Allocation to States.
Sec. 5324. Need-based grants to libraries.
Sec. 5325. Administration and oversight.
Sec. 5326. Appropriation of funds.
Chapter 3--HBCU, TCU, and Other Minority-serving Institution
Infrastructure
Sec. 5331. Cancellation of debt under HBCU capital financing program.
Sec. 5332. Additional appropriations for the HBCU historic preservation
program.
Sec. 5333. Funding for construction of new facilities at TCUs.
Sec. 5334. Additional appropriations for HBCUs, TCUs, and minority-
serving institutions.
Sec. 5335. Study and report on the physical condition of HBCUs and
TCUs.
Subtitle D--Environmental Justice
Chapter 1--Drinking Water and Clean Water Programs
Sec. 5401. Sewer overflow and stormwater reuse municipal grants.
Sec. 5402. Clean water infrastructure resiliency and sustainability
program.
Sec. 5403. Grants for construction, refurbishing, and servicing of
individual household decentralized wastewater systems for
individuals with low or moderate income.
Sec. 5404. Connection to publicly owned treatment works.
Sec. 5405. Water pollution control revolving loan fund capitalization
grants.
Sec. 5406. Water pollution control revolving loan funds.
Sec. 5407. Authorization of appropriations for water pollution control
State revolving funds.
Sec. 5408. Brownfields funding.
Sec. 5409. Technical assistance and grants for emergencies affecting
public water systems.
Sec. 5410. Grants for state programs.
Sec. 5411. Drinking water State revolving loan funds.
Sec. 5412. Source water petition program.
Sec. 5413. Assistance for small and disadvantaged communities.
Sec. 5414. Reducing lead in drinking water.
Sec. 5415. Operational sustainability of small public water systems.
Sec. 5416. Drinking water system infrastructure resilience and
sustainability program.
Sec. 5417. Needs assessment for nationwide rural and urban low-income
community water assistance.
Sec. 5418. Lead contamination in school drinking water.
Sec. 5419. Indian reservation drinking water program.
Sec. 5420. Water infrastructure and workforce investment.
Sec. 5421. Small and disadvantaged community analysis.
Sec. 5422. Mapping and screening tool.
Sec. 5423. Emergency household water and wastewater assistance program.
Sec. 5424. Requirement.
Chapter 2--Clean Air Programs
Sec. 5431. Wood heaters emissions reduction.
Sec. 5432. Diesel emissions reduction program.
Sec. 5433. Protection of the Mercury and Air Toxics Standards.
Sec. 5434. Net zero emissions at port facilities program.
Chapter 3--Healthy Transportation
Sec. 5441. Restoring neighborhoods and strengthening communities
program.
Sec. 5442. Safer Healthier Streets program.
Chapter 4--Outdoor Recreation Legacy Partnership Program
Sec. 5451. Definitions.
Sec. 5452. Grants authorized.
Sec. 5453. Eligible uses.
Sec. 5454. National Park Service requirements.
Sec. 5455. Reporting.
Sec. 5456. Revenue sharing.
Subtitle E--Labor and Wage Protections
Sec. 5501. Labor standards.
Sec. 5502. Wage rate.
Sec. 5503. Infrastructure workforce equity capacity building program.
Sec. 5504. Severability.
TITLE VI--NEW HOMEBUYERS DOWN PAYMENT TAX CREDIT
Sec. 6001. Down payment tax credit for first-time homebuyers.
TITLE VII--RENTERS AND LOW-INCOME HOUSING TAX CREDITS
Sec. 7001. Renters credit.
Sec. 7002. Minimum credit rate.
TITLE VIII--EXPANDING MEDICAID COVERAGE
Sec. 8001. Increased FMAP for medical assistance to newly eligible
individuals.
TITLE IX--ADDRESSING MATERNAL MORTALITY AND HEALTH
Sec. 9001. Expanding Medicaid coverage for pregnant individuals.
Sec. 9002. Community engagement in maternal mortality review
committees.
Sec. 9003. Increased maternal levels of care in communities of color.
Sec. 9004. Reporting on pregnancy-related and pregnancy-associated
deaths and complications.
Sec. 9005. Respectful maternity care compliance program.
Sec. 9006. Bias training for all employees in maternity care settings.
Sec. 9007. Study on reducing and preventing bias, racism, and
discrimination in maternity care settings.
Sec. 9008. Maternal Health Research Network.
Sec. 9009. Innovation in maternity care to close racial and ethnic
maternal health disparities in mental health and
substance use disorder treatment grants.
Sec. 9010. Grants to grow and diversify the perinatal workforce.
Sec. 9011. Grants to grow and diversify the doula workforce.
Sec. 9012. Grants to State, local, and tribal public health departments
addressing social determinants of health for pregnant and
postpartum women.
TITLE X--10-20-30 ANTI-POVERTY INITIATIVE AND HIRING AND CONTRACTING
OPPORTUNITIES
Subtitle A--10-20-30 Anti-poverty Initiative
Sec. 10101. Definitions.
Sec. 10102. 10-20-30 formula for persistent poverty counties.
Sec. 10103. Targeting high-poverty census tracts.
Sec. 10104. Failure to target funds.
Sec. 10105. Report to Congress.
Subtitle B--Hiring Opportunities
Sec. 10211. Local hiring initiative for construction jobs.
TITLE XI--RAISING THE MINIMUM WAGE AND STRENGTHENING OVERTIME RIGHTS
Subtitle A--Raise the Wage Act
Sec. 11111. Short title.
Sec. 11112. Minimum wage increases.
Sec. 11113. Tipped employees.
Sec. 11114. Newly hired employees who are less than 20 years old.
Sec. 11115. Publication of notice.
Sec. 11116. Promoting economic self-sufficiency for individuals with
disabilities.
Sec. 11117. General effective date.
Subtitle B--Restoring Overtime Pay Act
Sec. 11121. Short title.
Sec. 11122. Minimum salary threshold for bona fide executive,
administrative, and professional employees exempt from
Federal overtime compensation requirements.
SEC. 3. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided by this Act are
designated as an emergency requirement pursuant to section
4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
(b) Designation in Senate.--In the Senate, this Act is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
TITLE I--CHILD CARE IS ESSENTIAL PROGRAM
SEC. 1001. CHILD CARE IS ESSENTIAL PROGRAM.
(a) Definitions.--In this section, the terms ``eligible
child care provider'', ``Indian tribe'', ``lead agency'',
``tribal organization'', ``Secretary'', and ``State'' have
the meanings given the terms in section 658P of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n) except as otherwise provided in this section.
(b) Grants.--From funds appropriated to carry out this
section and under the authority of section 658O of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
[[Page S7716]]
9858m) and this section, the Secretary shall establish a
Child Care Stabilization Fund grants program, through which
the Secretary shall award child care stabilization grants to
the lead agency of each State (as defined in that section
658O), territory described in subsection (a)(1) of such
section, Indian tribe, and tribal organization from
allotments and payments made under subsection (c)(2), not
later than 30 days after the date of enactment of this Act.
(c) Secretarial Reservation and Allotments.--
(1) Reservation.--The Secretary shall reserve not more than
1 percent of the funds appropriated to carry out this section
for the Federal administration of grants described in
subsection (b). Amounts reserved by the Secretary for such
administration shall remain available through fiscal year
2024.
(2) Allotments.--The Secretary shall use the remainder of
the funds appropriated to carry out this section to award
allotments to States, as defined in section 658O of the Child
Care Development Block Grant Act of 1990 (42 U.S.C. 9858m),
and payments to territories, Indian tribes, and tribal
organizations in accordance with paragraphs (1) and (2) of
subsection (a), and subsection (b), of section 658O of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m).
(d) State Reservations and Subgrants.--
(1) Reservation.--A lead agency for a State that receives a
child care stabilization grant pursuant to subsection (b)
shall reserve not more than 10 percent of such grant funds--
(A) to administer subgrants made to qualified child care
providers under paragraph (2), including to carry out data
systems building and other activities that enable the
disbursement of payments of such subgrants;
(B) to provide technical assistance and support in applying
for and accessing the subgrant opportunity under paragraph
(2), to eligible child care providers (including to family
child care providers, group home child care providers, and
other non-center-based child care providers, providers in
rural areas, and providers with limited administrative
capacity), either directly or through resource and referral
agencies or staffed family child care networks;
(C) to publicize the availability of subgrants under this
section and conduct widespread outreach to eligible child
care providers, including family child care providers, group
home child care providers, and other non-center-based child
care providers, providers in rural areas, and providers with
limited administrative capacity, either directly or through
resource and referral agencies or staffed family child care
networks, to ensure eligible child care providers are aware
of the subgrants available under this section;
(D) to carry out the reporting requirements described in
subsection (f); and
(E) to carry out activities to improve the supply and
quality of child care during and after the qualifying
emergency, such as conducting community needs assessments,
carrying out child care cost modeling, making improvements to
child care facilities, increasing access to licensure or
participation in the State's tiered quality rating system,
and carrying out other activities described in section
658G(b) of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858e(b)), to the extent that the lead agency
can carry out activities described in this subparagraph
without preventing the lead agency from fully conducting the
activities described in subparagraphs (A) through (D).
(2) Subgrants to qualified child care providers.--
(A) In general.--The lead agency shall use the remainder of
the grant funds awarded pursuant to subsection (b) to make
subgrants to qualified child care providers described in
subparagraph (B), to support the stability of the child care
sector during and after the qualifying emergency and to
ensure the maintenance of a delivery system of child care
services throughout the State that provides for child care in
a variety of settings, including the settings of family child
care providers, and for a variety of ages, including care for
infants and toddlers. The lead agency shall provide the
subgrant funds in advance of provider expenditures for costs
described in subsection (e), except as provided in subsection
(e)(2).
(B) Qualified child care provider.--To be qualified to
receive a subgrant under this paragraph, a provider shall be
an eligible child care provider that--
(i) was providing child care services on or before March 1,
2020; and
(ii) on the date of submission of an application for the
subgrant, was either--
(I) open and available to provide child care services; or
(II) closed due to the qualifying emergency.
(C) Subgrant amount.--The lead agency shall make subgrants,
from amounts awarded pursuant to subsection (b), to qualified
child care providers, and the amount of such a subgrant to
such a provider shall--
(i)(I) be based on the provider's stated average operating
expenses during the period (of not longer than 6 months)
before March 1, 2020 or, for a provider that operates
seasonally, during a period (of not longer than 6 months)
before the provider's last day of operation; and
(II) at minimum cover such operating expenses for the
intended length of the subgrant;
(ii) account for increased costs of providing or preparing
to provide child care as a result of the qualifying
emergency, such as provider and employee compensation and
existing benefits (existing as of March 1, 2020) and the
implementation of new practices related to sanitization,
group size limits, and social distancing;
(iii) be adjusted for payments or reimbursements made to an
eligible child care provider to carry out the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.)
or the Head Start Act (42 U.S.C. 9831 et seq.) if the period
of such payments or reimbursements overlaps with the period
of the subgrant; and
(iv) be adjusted for payments or reimbursements made to an
eligible child care provider through the Paycheck Protection
Program set forth in section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)), as added by section 1102 of the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) if the period of such payments or reimbursements
overlaps with the period of the subgrant.
(D) Application.--
(i) Eligibility.--To be eligible to receive a subgrant
under this paragraph, a child care provider shall submit an
application to a lead agency at such time and in such manner
as the lead agency may require. Such application shall
include--
(I) a good-faith certification that the ongoing operations
of the child care provider have been impacted as a result of
the qualifying emergency;
(II) for a provider described in subparagraph (B)(ii)(I),
an assurance that, for the period of the subgrant--
(aa) the provider will give priority for available slots
(including slots that are only temporarily available) to--
(AA) children of essential workers (such as health care
sector employees, emergency responders, sanitation workers,
farmworkers, child care employees, and other workers
determined to be essential during the response to COVID-19 by
public officials), children of workers whose places of
employment require their attendance, children experiencing
homelessness, children with disabilities, children at risk of
child abuse or neglect, and children in foster care, in
States, tribal communities, or localities where stay-at-home
or related orders are in effect; or
(BB) children of workers whose places of employment require
their attendance, children experiencing homelessness,
children with disabilities, children at risk of child abuse
or neglect, children in foster care, and children whose
parents are in school or a training program, in States,
tribal communities, or localities where stay-at-home or
related orders are not in effect;
(bb) the provider will implement policies in line with
guidance from the Centers for Disease Control and Prevention
and the State, tribal, and local health authorities, and in
accordance with State, tribal, and local orders, for child
care providers that remain open, including guidance on
sanitization practices, group size limits, and social
distancing;
(cc) for each employee, the provider will pay the full
compensation described in subsection (e)(1)(C), including any
benefits, that was provided to the employee as of March 1,
2020 (referred to in this clause as ``full compensation''),
and will not take any action that reduces the weekly amount
of the employee's compensation below the weekly amount of
full compensation, or that reduces the employee's rate of
compensation below the rate of full compensation; and
(dd) the provider will provide relief from copayments and
tuition payments for the families enrolled in the provider's
program and prioritize such relief for families struggling to
make either type of payment;
(III) for a provider described in subparagraph (B)(ii)(II),
an assurance that--
(aa) for the duration of the provider's closure due to the
qualifying emergency, for each employee, the provider will
pay full compensation, and will not take any action that
reduces the weekly amount of the employee's compensation
below the weekly amount of full compensation, or that reduces
the employee's rate of compensation below the rate of full
compensation;
(bb) children enrolled as of March 1, 2020, will maintain
their slots, unless their families choose to disenroll the
children;
(cc) for the duration of the provider's closure due to the
qualifying emergency, the provider will provide relief from
copayments and tuition payments for the families enrolled in
the provider's program and prioritize such relief for
families struggling to make either type of payment; and
(dd) the provider will resume operations when the provider
is able to safely implement policies in line with guidance
from the Centers for Disease Control and Prevention and the
State, tribal, and local health authorities, and in
accordance with State, tribal, and local orders;
(IV) information about the child care provider's--
(aa) program characteristics sufficient to allow the lead
agency to establish the child care provider's priority
status, as described in subparagraph (F);
(bb) program operational status on the date of submission
of the application;
(cc) type of program, including whether the program is a
center-based child care, family child care, group home child
care, or other non-center-based child care type program;
(dd) total enrollment on the date of submission of the
application and total capacity as allowed by the State and
tribal and local authorities; and
[[Page S7717]]
(ee) receipt of assistance, and amount of assistance,
through a payment or reimbursement described in subparagraph
(C)(iv), and the time period for which the assistance was
made;
(V) information necessary to determine the amount of the
subgrant, such as information about the provider's stated
average operating expenses over the appropriate period
described in subparagraph (C)(i); and
(VI) such other limited information as the lead agency
shall determine to be necessary to make subgrants to
qualified child care providers.
(ii) Frequency.--The lead agency shall accept and process
applications submitted under this subparagraph on a rolling
basis.
(iii) Updates.--The lead agency shall--
(I) at least once a month, verify by obtaining a self-
attestation from each qualified child care provider that
received such a subgrant from the agency, whether the
provider is open and available to provide child care services
or is closed due to the qualifying emergency;
(II) allow the qualified child care provider to update the
information provided in a prior application; and
(III) adjust the qualified child care provider's subgrant
award as necessary, based on changes to the application
information, including changes to the provider's operational
status.
(iv) Existing applications.--If a lead agency has
established and implemented a grant program for child care
providers that is in effect on the date of enactment of this
Act, and an eligible child care provider has already
submitted an application for such a grant to the lead agency
containing the information specified in clause (i), the lead
agency shall treat that application as an application
submitted under this subparagraph. If an eligible child care
provider has already submitted such an application containing
part of the information specified in clause (i), the provider
may submit to the lead agency an abbreviated application that
contains the remaining information, and the lead agency shall
treat the 2 applications as an application submitted under
this subparagraph.
(E) Materials.--
(i) In general.--The lead agency shall provide the
materials and other resources related to such subgrants,
including a notification of subgrant opportunities and
application materials, to qualified child care providers in
the most commonly spoken languages in the State.
(ii) Application.--The application shall be accessible on
the website of the lead agency within 30 days after the lead
agency receives grant funds awarded pursuant to subsection
(b) and shall be accessible to all eligible child care
providers, including family child care providers, group home
child care providers, and other non-center-based child care
providers, providers in rural areas, and providers with
limited administrative capacity.
(F) Priority.--In making subgrants under this section, the
lead agency shall give priority to qualified child care
providers that, prior to or on March 1, 2020--
(i) provided child care during nontraditional hours;
(ii) served dual language learners, children with
disabilities, children experiencing homelessness, children in
foster care, children from low-income families, or infants
and toddlers;
(iii) served a high proportion of children whose families
received subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child
care; or
(iv) operated in localities, including rural localities,
with a low supply of child care.
(G) Providers receiving other assistance.--The lead agency,
in determining whether a provider is a qualified child care
provider, shall not take into consideration receipt of a
payment or reimbursement described in clause (iii) or (iv) of
subparagraph (C).
(H) Awards.--The lead agency shall equitably make subgrants
under this paragraph to center-based child care providers,
family child care providers, group home child care providers,
and other non-center-based child care providers, such that
qualified child care providers are able to access the
subgrant opportunity under this paragraph regardless of the
providers' setting, size, or administrative capacity.
(I) Obligation.--The lead agency shall obligate at least 50
percent of funds available to carry out this section for
subgrants described in this paragraph not later than 6 months
after the date of enactment of this Act.
(e) Uses of Funds.--
(1) In general.--A qualified child care provider that
receives funds through such a subgrant may use the funds for
the costs of--
(A) payroll;
(B) employee benefits, including group health plan benefits
during periods of paid sick, medical, or family leave, and
insurance premiums;
(C) employee salaries or similar compensation, including
any income or other compensation to a sole proprietor or
independent contractor that is a wage, commission, income,
net earnings from self-employment, or similar compensation;
(D) employee recruitment and retention;
(E) payment on any mortgage obligation;
(F) rent (including rent under a lease agreement);
(G) utilities and facilities maintenance;
(H) insurance;
(I) providing premium pay for child care providers and
other employees who provide services during the qualifying
emergency;
(J) sanitization and other costs associated with cleaning;
(K) personal protective equipment and other equipment
necessary to carry out the functions of the child care
provider;
(L) training and professional development related to health
and safety practices, including the proper implementation of
policies in line with guidance from the Centers for Disease
Control and Prevention and the State, tribal, and local
health authorities, and in accordance with State, tribal, and
local orders;
(M) purchasing or updating equipment and supplies to serve
children during nontraditional hours;
(N) modifications to child care services as a result of the
qualifying emergency, such as limiting group sizes, adjusting
staff-to-child ratios, and implementing other heightened
health and safety measures;
(O) mental health services and supports for children and
employees; and
(P) other goods and services necessary to maintain or
resume operation of the child care program, or to maintain
the viability of the child care provider as a going concern
during and after the qualifying emergency.
(2) Reimbursement.--The qualified child care provider may
use the subgrant funds to reimburse the provider for sums
obligated or expended before the date of enactment of this
Act for the cost of a good or service described in paragraph
(1) to respond to the qualifying emergency.
(f) Reporting.--
(1) Initial report.--A lead agency receiving a grant under
this section shall, within 60 days after making the agency's
first subgrant under subsection (d)(2) to a qualified child
care provider, submit a report to the Secretary that
includes--
(A) data on qualified child care providers that applied for
subgrants and qualified child care providers that received
such subgrants, including--
(i) the number of such applicants and the number of such
recipients;
(ii) the number and proportion of such applicants and
recipients that received priority and the characteristic or
characteristics of such applicants and recipients associated
with the priority;
(iii) the number and proportion of such applicants and
recipients that are--
(I) center-based child care providers;
(II) family child care providers;
(III) group home child care providers; or
(IV) other non-center-based child care providers; and
(iv) within each of the groups listed in clause (iii), the
number of such applicants and recipients that are, on the
date of submission of the application--
(I) open and available to provide child care services; or
(II) closed due to the qualifying emergency;
(B) the total capacity of child care providers that are
licensed, regulated, or registered in the State on the date
of the submission of the report;
(C) a description of--
(i) the efforts of the lead agency to publicize the
availability of subgrants under this section and conduct
widespread outreach to eligible child care providers about
such subgrants, including efforts to make materials available
in languages other than English;
(ii) the lead agency's methodology for determining amounts
of subgrants under subsection (d)(2);
(iii) the lead agency's timeline for disbursing the
subgrant funds; and
(iv) the lead agency's plan for ensuring that qualified
child care providers that receive funding through such a
subgrant comply with assurances described in subsection
(d)(2)(D) and use funds in compliance with subsection (e);
and
(D) such other limited information as the Secretary may
require.
(2) Quarterly report.--The lead agency shall, following the
submission of such initial report, submit to the Secretary a
report that contains the information described in
subparagraphs (A), (B), and (D) of paragraph (1) once a
quarter until all funds allotted for activities authorized
under this section are expended.
(3) Final report.--Not later than 60 days after a lead
agency receiving a grant under this section has obligated all
of the grant funds (including funds received under subsection
(h)), the lead agency shall submit a report to the Secretary,
in such manner as the Secretary may require, that includes--
(A) the total number of eligible child care providers who
were providing child care services on or before March 1,
2020, in the State and the number of such providers that
submitted an application under subsection (d)(2)(D);
(B) the number of qualified child care providers in the
State that received funds through the grant;
(C) the lead agency's methodology for determining amounts
of subgrants under subsection (d)(2);
(D) the average and range of the subgrant amounts by
provider type (center-based child care, family child care,
group home child care, or other non-center-based child care
provider);
(E) the percentages, of the child care providers that
received such a subgrant, that, on or before March 1, 2020--
[[Page S7718]]
(i) provided child care during nontraditional hours;
(ii) served dual language learners, children with
disabilities, children experiencing homelessness, children in
foster care, children from low-income families, or infants
and toddlers;
(iii) served a high percentage of children whose families
received subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child
care; and
(iv) operated in localities, including rural localities,
with a low supply of child care;
(F) the number of children served by the child care
providers that received such a subgrant, for the duration of
the subgrant;
(G) the percentages, of the child care providers that
received such a subgrant, that are--
(i) center-based child care providers;
(ii) family child care providers;
(iii) group home child care providers; or
(iv) other non-center-based child care providers;
(H) the percentages, of the child care providers listed in
subparagraph (G) that are, on the date of submission of the
application--
(i) open and available to provide child care services; or
(ii) closed due to the qualifying emergency;
(I) information about how child care providers used the
funds received under such a subgrant;
(J) information about how the lead agency used funds
reserved under subsection (d)(1); and
(K) information about how the subgrants helped to stabilize
the child care sector.
(4) Reports to congress.--
(A) Findings from initial reports.--Not later than 60 days
after receiving all reports required to be submitted under
paragraph (1), the Secretary shall provide a report to the
Committee on Education and Labor and the Committee on
Appropriations of the House of Representatives and to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, summarizing the
findings from the reports received under paragraph (1).
(B) Findings from final reports.--Not later than 36 months
after the date of enactment of this Act, the Secretary shall
provide a report to the Committee on Education and Labor and
the Committee on Appropriations of the House of
Representatives and to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of
the Senate, summarizing the findings from the reports
received under paragraph (3).
(g) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to provide child care services for eligible
individuals, including funds provided under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9857 et
seq.) and State child care programs.
(h) Reallotment of Unobligated Funds.--
(1) Unobligated funds.--A State, Indian tribe, or tribal
organization that anticipates being unable to obligate all
grant funds received under this section by September 30, 2022
shall notify the Secretary, at least 60 days prior to such
date, of the amount of funds the entity anticipates being
unable to obligate by such date. A State, Indian tribe, or
tribal organization shall return to the Secretary any grant
funds received under this section that the State, Indian
tribe, or tribal organization does not obligate by September
30, 2022.
(2) Reallotment.--The Secretary shall award new allotments
and payments, in accordance with subsection (c)(2), to
covered States, Indian tribes, or tribal organizations from
funds that are returned under paragraph (1) within 60 days of
receiving such funds. Funds made available through the new
allotments and payments shall remain available to each such
covered State, Indian tribe, or tribal organization until
September 30, 2023.
(3) Covered state, indian tribe, or tribal organization.--
For purposes of paragraph (2), a covered State, Indian tribe,
or tribal organization is a State, Indian tribe, or tribal
organization that received an allotment or payment under this
section and was not required to return grant funds under
paragraph (1).
(i) Exceptions.--The Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9857 et seq.), excluding requirements
in subparagraphs (C) through (E) of section 658E(c)(3),
section 658G, and section 658J(c) of such Act (42 U.S.C.
9858c(c)(3), 9858e, 9858h(c)), shall apply to child care
services provided under this section to the extent the
application of such Act does not conflict with the provisions
of this section. Nothing in this section shall be construed
to require a State, Indian tribe, or tribal organization to
submit an application, other than the application described
in section 658E or 658O(c) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to
receive a grant under this section.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated,
and there is appropriated, out of any money in the Treasury
not already appropriated, to carry out this section
$50,000,000,000 for fiscal year 2020, to remain available
until expended.
(2) Application.--In carrying out the Child Care and
Development Block Grant Act of 1990 with funds other than the
funds appropriated under paragraph (1), the Secretary shall
calculate the amounts of appropriated funds described in
subsections (a) and (b) of section 658O of such Act (42
U.S.C. 9858m) by excluding funds appropriated under paragraph
(1).
TITLE II--EXPANDING AND IMPROVING ACCESS TO COMMUNITY HEALTH CARE
Subtitle A--Support for Health Centers, Hospitals, and Other Health
Care Facilities
SEC. 2101. PRIMARY HEALTH CARE.
In addition to amounts otherwise made available for such
purposes, there are hereby appropriated, out of amounts in
the Treasury not otherwise appropriated, to the Secretary of
Health and Human Services, $7,600,000,000, for grants and
cooperative agreements under section 330 of the Public Health
Service Act (42 U.S.C. 254b), and for grants to Federally
qualified health centers (as defined in section
1861(aa)(4)(B) of the Social Security Act (42 U.S.C.
1395x(aa))) and for eligible entities under the Native
Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et
seq.). Amounts appropriated under this paragraph shall remain
available until expended. Subsections (r)(2)(B),
(e)(6)(A)(iii), and (e)(6)(B)(iii) of section 330 of the
Public Health Service Act (42 U.S.C. 254) shall not apply to
funds provided under this paragraph.
SEC. 2102. ADDITIONAL COMMUNITY HEALTH CENTER FUNDING.
Section 10503 of the Patient Protection and Affordable Care
Act (42 U.S.C. 254b-2) is amended by striking subsection (c)
and inserting the following:
``(c) Additional Enhanced Funding; Capital Projects.--There
are hereby appropriated, out of any monies in the Treasury
not otherwise appropriated, to the CHC Fund, to be
transferred to the Secretary of Health and Human Services for
capital projects of the community health center program under
section 330 of the Public Health Service Act, $2,000,000,000,
to remain available until expended.''.
SEC. 2103. TEACHING HEALTH CENTERS THAT OPERATE GRADUATE
MEDICAL EDUCATION PROGRAM.
For purposes of carrying out the teaching health centers
that operate graduate medical education program under section
340H of the Public Health Service Act (42 U.S.C. 256h), there
are hereby appropriated, out of amounts in the Treasury not
otherwise appropriated, $1,000,000,000, to remain available
until expended.
SEC. 2104 HOSPITAL INFRASTRUCTURE.
Section 1610(a) of the Public Health Service Act (42 U.S.C.
300r(a)) is amended by striking paragraph (3) and inserting
the following paragraphs:
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applicants whose
projects will include, by design, cybersecurity against cyber
threats.
``(4) American iron and steel products.--
``(A) In general.--As a condition on receipt of a grant
under this section for a project, an entity shall ensure that
all of the iron and steel products used in the project are
produced in the United States.
``(B) Application.--Subparagraph (A) shall be waived in any
case or category of cases in which the Secretary finds that--
``(i) applying subparagraph (A) would be inconsistent with
the public interest;
``(ii) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
``(iii) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
project by more than 25 percent.
``(C) Waiver.--If the Secretary receives a request for a
waiver under this paragraph, the Secretary shall make
available to the public, on an informal basis, a copy of the
request and information available to the Secretary concerning
the request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Secretary shall make the request and
accompanying information available by electronic means,
including on the official public internet site of the
Department of Health and Human Services.
``(D) International agreements.--This paragraph shall be
applied in a manner consistent with United States obligations
under international agreements.
``(E) Management and oversight.--The Secretary may retain
up to 0.25 percent of the funds appropriated for this section
for management and oversight of the requirements of this
paragraph.
``(F) Effective date.--This paragraph does not apply with
respect to a project if a State agency approves the
engineering plans and specifications for the project, in that
agency's capacity to approve such plans and specifications
prior to a project requesting bids, prior to the date of
enactment of this paragraph.
``(5) Funding.--To carry out this subsection, there are
hereby appropriated, out of amounts in the Treasury not
otherwise appropriated, $750,000,000, to remain available
until expended.''.
SEC. 2105. 21ST CENTURY INDIAN HEALTH PROGRAM HOSPITALS AND
OUTPATIENT HEALTH CARE FACILITIES.
The Indian Health Care Improvement Act is amended by
inserting after section 301 of such Act (25 U.S.C. 1631) the
following:
[[Page S7719]]
``SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN,
CONSTRUCTION, MODERNIZATION, AND RENOVATION OF
HOSPITALS AND OUTPATIENT HEALTH CARE
FACILITIES.
``(a) Additional Funding.--For the purpose described in
subsection (b), in addition to any other funds available for
such purpose, there are hereby appropriated to the Secretary,
out of amounts in the Treasury not otherwise appropriated,
$200,000,000, to remain available until expended.
``(b) Purpose.--The purpose described in this subsection is
the planning, design, construction, modernization, and
renovation of hospitals and outpatient health care facilities
that are funded, in whole or part, by the Service through, or
provided for in, a contract or compact with the Service under
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).''.
SEC. 2106. PILOT PROGRAM TO IMPROVE COMMUNITY-BASED CARE
INFRASTRUCTURE.
(a) In General.--The Secretary of Health and Human Services
may award grants to qualified teaching health centers (as
defined in section 340H of the Public Health Service Act (42
U.S.C. 256h)) and behavioral health care centers (as defined
by the Secretary, to include both substance abuse and mental
health care facilities) to support the improvement,
renovation, or modernization of infrastructure at such
centers.
(b) Funding.--To carry out this section, there are hereby
appropriated, out of amounts in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
expended.
SEC. 2107. SCHOOL-BASED HEALTH CENTERS.
(a) Elimination of Limitation on Eligibility of Health
Centers.--
(1) Repeal.--Section 399Z-1(f)(3) of the Public Health
Service Act (42 U.S.C. 280h-5(f)(3)) is amended by striking
subparagraph (B).
(2) Conforming change.--Section 399Z-1(f)(3) of the Public
Health Service Act (42 U.S.C. 280h-5(f)(3)) is amended by
striking ``Limitations'' and all that follows through ``Any
provider of services'' and inserting ``Limitation.--Any
provider of services''.
(b) Authorization of Appropriations.--Section 399Z-1(l) of
the Public Health Service Act (42 U.S.C. 280h-5(l)) is
amended to read as follows:
``(l) Funding.--For purposes of carrying out this section,
there are hereby appropriated, out of amounts in the Treasury
not otherwise appropriated, $70,000,000 for each of fiscal
years 2021 through 2025, to remain available until
expended.''.
Subtitle B--Support for Health Care Workforce Training
SEC. 2201. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF
OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS.
Subpart II of part C of title VII of the Public Health
Service Act (42 U.S.C. 293m et seq.) is amended by adding at
the end the following:
``SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF
OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS.
``(a) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may award grants to institutions of higher
education (including consortiums of such institutions) for
the establishment, improvement, or expansion of a school of
medicine or osteopathic medicine, or a branch campus of a
school of medicine or osteopathic medicine.
``(b) Priority.--In selecting grant recipients under this
section, the Secretary shall give priority to any institution
of higher education (or consortium of such institutions)
that--
``(1) proposes to use the grant for the establishment of a
school of medicine or osteopathic medicine, or a branch
campus of a school of medicine or osteopathic medicine, in an
area--
``(A) in which no other such school is based; and
``(B) that is a medically underserved community or a health
professional shortage area; or
``(2) is a minority-serving institution described in
section 371(a) of the Higher Education Act of 1965.
``(c) Considerations.--In awarding grants under this
section, the Secretary, to the extent practicable, may ensure
equitable distribution of awards among the geographical
regions of the United States.
``(d) Use of Funds.--An institution of higher education (or
a consortium of such institutions)--
``(1) shall use grant amounts received under this section
to--
``(A) recruit, enroll, and retain students, including
individuals who are from disadvantaged backgrounds (including
racial and ethnic groups underrepresented among medical
students and health professions), individuals from rural and
underserved areas, low-income individuals, and first
generation college students, at a school of medicine or
osteopathic medicine or branch campus of a school of medicine
or osteopathic medicine; and
``(B) develop, implement, and expand curriculum that
emphasizes care for rural and underserved populations,
including accessible and culturally and linguistically
appropriate care and services, at such school or branch
campus; and
``(2) may use grant amounts received under this section
to--
``(A) plan and construct--
``(i) a school of medicine or osteopathic medicine in an
area in which no other such school is based; or
``(ii) a branch campus of a school of medicine or
osteopathic medicine in an area in which no other such school
is based;
``(B) plan, develop, and meet criteria for accreditation
for a school of medicine or osteopathic medicine or branch
campus of a school of medicine or osteopathic medicine;
``(C) hire faculty, including faculty from racial and
ethnic groups who are underrepresented among the medical and
other health professions, and other staff to serve at such a
school or branch campus;
``(D) support educational programs at such a school or
branch campus;
``(E) modernize and expand infrastructure at such a school
or branch campus; and
``(F) support other activities that the Secretary
determines further the establishment, improvement, or
expansion of a school of medicine or osteopathic medicine or
branch campus of a school of medicine or osteopathic
medicine.
``(e) Application.--To be eligible to receive a grant under
subsection (a), an institution of higher education (or a
consortium of such institutions), shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require, including a
description of the institution's or consortium's planned
activities described in subsection (d).
``(f) Reporting.--
``(1) Reports from entities.--Each institution of higher
education, or consortium of such institutions, awarded a
grant under this section shall submit an annual report to the
Secretary on the activities conducted under such grant, and
other information as the Secretary may require.
``(2) Report to congress.--Not later than 5 years after the
date of enactment of this section and every 5 years
thereafter, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that provides a summary of the
activities and outcomes associated with grants made under
this section. Such reports shall include--
``(A) a list of awardees, including their primary
geographic location, and location of any school of medicine
or osteopathic medicine, or a branch campus of school of
medicine or osteopathic medicine that was established,
improved, or expanded under this program;
``(B) the total number of students (including the number of
students from racial and ethnic groups underrepresented among
medical students and health professions, low-income students,
and first generation college students) who--
``(i) are enrolled at or who have graduated from any school
of medicine or osteopathic medicine, or a branch campus of
school of medicine or osteopathic medicine, that was
established, improved, or expanded under this program,
deidentified and disaggregated by race, ethnicity, age, sex,
geographic region, disability status, and other relevant
factors, to the extent such information is available; and
``(ii) who subsequently participate in an accredited
internship or medical residency program upon graduation from
any school of medicine or osteopathic medicine, or a branch
campus of a school of medicine or osteopathic medicine, that
was established, improved, or expanded under this program,
deidentified and disaggregated by race, ethnicity, age, sex,
geographic region, disability status, medical specialty
pursued, and other relevant factors, to the extent such
information is available;
``(C) the effects of such program on the health care
provider workforce, including any impact on demographic
representation disaggregated by race, ethnicity, and sex, and
the fields or specialties pursued by students who have
graduated from any school of medicine or osteopathic
medicine, or a branch campus of school of medicine or
osteopathic medicine, that was established, improved, or
expanded under this program;
``(D) the effects of such program on health care access in
underserved areas, including medically underserved
communities and health professional shortage areas; and
``(E) recommendations for improving the program described
in this section, and any other considerations as the
Secretary determines appropriate.
``(3) Public availability.--The Secretary shall make
reports submitted under paragraph (2) publicly available on
the internet website of the Department of Health and Human
Services.
``(g) Definitions.--In this section:
``(1) Branch campus.--
``(A) In general.--The term `branch campus', with respect
to a school of medicine or osteopathic medicine, means an
additional location of such school that is geographically
apart and independent of the main campus, at which the school
offers at least 50 percent of the program leading to a degree
of doctor of medicine or doctor of osteopathy that is offered
at the main campus.
``(B) Independence from main campus.--For purposes of
subparagraph (A), the location of a school described in such
subparagraph shall be considered to be independent of the
main campus described in such subparagraph if the location--
``(i) is permanent in nature;
``(ii) offers courses in educational programs leading to a
degree, certificate, or other recognized educational
credential;
[[Page S7720]]
``(iii) has its own faculty and administrative or
supervisory organization; and
``(iv) has its own budgetary and hiring authority.
``(2) First generation college student.--The term `first
generation college student' has the meaning given such term
in section 402A(h)(3) of the Higher Education Act of 1965.
``(3) Health professional shortage area.--The term `health
professional shortage area' has the meaning given such term
in section 332(a).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965.
``(5) Medically underserved community.--The term `medically
underserved community' has the meaning given such term in
section 799B(6).
``(h) Funding.--To carry out this section, there are hereby
appropriated, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
expended.''.
SEC. 2202. SUPPORT FOR NURSING EDUCATION AND THE FUTURE
NURSING WORKFORCE.
(a) In General.--Part D of title VIII of the Public Health
Service Act (42 U.S.C. 296p et seq.) is amended by adding at
the end the following:
``SEC. 832. NURSING EDUCATION ENHANCEMENT AND MODERNIZATION
GRANTS IN UNDERSERVED AREAS.
``(a) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may award grants to schools of nursing (as
defined in section 801) for--
``(1) increasing the number of faculty and students at such
schools in order to enhance the preparedness of the United
States for, and the ability of the United States to address
and quickly respond to, public health emergencies declared
under section 319 and pandemics; or
``(2) the enhancement and modernization of nursing
education programs.
``(b) Priority.--In selecting grant recipients under this
section, the Secretary shall give priority to schools of
nursing that--
``(1) are located in a medically underserved community;
``(2) are located in a health professional shortage area as
defined under section 332(a); or
``(3) are institutions of higher education listed under
section 371(a) of the Higher Education Act of 1965.
``(c) Consideration.--In awarding grants under this
section, the Secretary, to the extent practicable, may ensure
equitable distribution of awards among the geographic regions
of the United States.
``(d) Use of Funds.--A school of nursing that receives a
grant under this section may use the funds awarded through
such grant for activities that include--
``(1) enhancing enrollment and retention of students at
such school, with a priority for students from disadvantaged
backgrounds (including racial or ethnic groups
underrepresented in the nursing workforce), individuals from
rural and underserved areas, low-income individuals, and
first generation college students (as defined in section
402A(h)(3) of the Higher Education Act of 1965);
``(2) creating, supporting, or modernizing educational
programs and curriculum at such school;
``(3) retaining current faculty, and hiring new faculty,
with an emphasis on faculty from racial or ethnic groups who
are underrepresented in the nursing workforce;
``(4) modernizing infrastructure at such school, including
audiovisual or other equipment, personal protective
equipment, simulation and augmented reality resources,
telehealth technologies, and virtual and physical
laboratories;
``(5) partnering with a health care facility, nurse-managed
health clinic, community health center, or other facility
that provides health care in order to provide educational
opportunities for the purpose of establishing or expanding
clinical education;
``(6) enhancing and expanding nursing programs that prepare
nurse researchers and scientists;
``(7) establishing nurse-led intradisciplinary and
interprofessional educational partnerships; and
``(8) other activities that the Secretary determines
further the development, improvement, and expansion of
schools of nursing.
``(e) Reports From Entities.--Each school of nursing
awarded a grant under this section shall submit an annual
report to the Secretary on the activities conducted under
such grant, and other information as the Secretary may
require.
``(f) Report to Congress.--Not later than 5 years after the
date of the enactment of this section, the Secretary shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that
provides a summary of the activities and outcomes associated
with grants made under this section. Such report shall
include--
``(1) a list of schools of nursing receiving grants under
this section, including the primary geographic location of
any school of nursing that was improved or expanded through
such a grant;
``(2) the total number of students who are enrolled at or
who have graduated from any school of nursing that was
improved or expanded through a grant under this section,
which such statistic shall--
``(A) to the extent such information is available, be
deidentified and disaggregated by race, ethnicity, age, sex,
geographic region, disability status, and other relevant
factors; and
``(B) include an indication of the number of such students
who are from racial or ethnic groups underrepresented in the
nursing workforce, such students who are from rural or
underserved areas, such students who are low-income students,
and such students who are first generation college students
(as defined in section 402A(h)(3) of the Higher Education Act
of 1965);
``(3) to the extent such information is available, the
effects of the grants awarded under this section on retaining
and hiring of faculty, including any increase in diverse
faculty, the number of clinical education partnerships, the
modernization of nursing education infrastructure, and other
ways this section helps address and quickly respond to public
health emergencies and pandemics;
``(4) recommendations for improving the grants awarded
under this section; and
``(5) any other considerations as the Secretary determines
appropriate.
``(g) Funding.--To carry out this section, there are hereby
appropriated, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
expended.''.
(b) Strengthening Nurse Education.-- The heading of part D
of title VIII of the Public Health Service Act (42 U.S.C.
296p et seq.) is amended by striking ``basic''.
SEC. 2203. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER
TREATMENT WORKFORCE.
Section 781 of the Public Health Service Act (42 U.S.C.
295h) is amended by adding at the end the following:
``(k) Additional Funding.--In addition to amounts otherwise
made available for such purpose, to carry out this section,
there are hereby appropriated, out of amounts in the Treasury
not otherwise appropriated, $100,000,000, to remain available
until expended.''.
SEC. 2204. LOAN REPAYMENT AND SCHOLARSHIP PROGRAMS FOR THE
NURSING WORKFORCE.
Section 846 of the Public Health Service Act (42 U.S.C.
297n) is amended by adding at the end the following:
``(j) Additional Funding.--In addition to amounts otherwise
made available to carry out this section, there are hereby
appropriated, out of amounts in the Treasury not otherwise
appropriated, $750,000,000, to remain available until
expended.''.
SEC. 2205. ADDITIONAL FUNDING FOR HEALTH PROFESSIONS
EDUCATION.
In addition to amounts otherwise made available for such
purpose, to carry out the programs under title VII of the
Public Health Service Act (42 U.S.C. 292 et seq.), there are
hereby appropriated, out of amounts in the Treasury not
otherwise appropriated, $250,000,000, to remain available
until expended.
SEC. 2206. ADDITIONAL FUNDING FOR NURSING WORKFORCE
DEVELOPMENT.
In addition to amounts otherwise made available for such
purpose, to carry out the programs under title VIII of the
Public Health Service Act (42 U.S.C. 296 et seq.), there are
hereby appropriated, out of amounts in the Treasury not
otherwise appropriated, $250,000,000, to remain available
until expended.
SEC. 2207. NATIONAL HEALTH SERVICE CORPS.
In addition to amounts otherwise made available for such
purposes, there are hereby appropriated, out of amounts in
the Treasury not otherwise appropriated, to the Secretary of
Health and Human Services, $2,500,000,000, for purposes of
carrying out the National Health Service Corps program, to
remain available until expended.
Subtitle C--Improving Access to Health Care Services
SEC. 2301. EXPANDING ACCESS TO MENTAL HEALTH SERVICES AND
CERTAIN EVALUATION AND MANAGEMENT SERVICES
FURNISHED THROUGH TELEHEALTH.
(a) Treatment of Mental Health Services Furnished Through
Telehealth.--Paragraph (7) of section 1834(m) of the Social
Security Act (42 U.S.C. 1395m(m)) is amended--
(1) in the paragraph heading, by inserting ``and mental
health services'' after ``disorder services''; and
(2) by inserting ``or, on or after the first day after the
end of the public health emergency described in section
1135(g)(1)(B), to an eligible telehealth individual for
purposes of diagnosis, evaluation, or treatment of a mental
health disorder, as determined by the Secretary,'' after ``as
determined by the Secretary,''.
(b) Treatment of Certain Evaluation and Management Services
Furnished Through Telehealth.--Such section 1834(m), as
amended by subsection (a), is amended--
(1) in paragraph (4)(C)--
(A) in clause (i), by striking ``and (7)'' and inserting
``(7), and (9)''; and
(B) in clause (ii)(X), by inserting ``or paragraph (9)(A)''
before the period; and
(2) by adding at the end the following new paragraph:
``(9) Treatment of certain evaluation and management
services furnished through telehealth.--
``(A) In general.--The geographic requirements described in
paragraph 4(C)(i) shall
[[Page S7721]]
not apply with respect to a telehealth service that is a
medical visit that is in the category of HCPCS evaluation and
management services for office and other outpatient services
and that is furnished on or after the first day after the end
of the public health emergency described in section
1135(g)(1)(B), to an eligible telehealth individual by a
qualified provider, at an originating site described in
paragraph 4(C)(ii) (other than an originating site described
in subclause (IX) of such paragraph).
``(B) Definition of qualified provider.--For purposes of
this paragraph, the term `qualified provider' means, with
respect to a telehealth service described in subparagraph (A)
that is furnished to an eligible telehealth individual, a
physician or practitioner who--
``(i) furnished to such individual, during the 18-month
period ending on the date the telehealth service was
furnished, an item or service in person for which--
``(I) payment was made under this title; or
``(II) such payment would have been made if such individual
were entitled to, or enrolled for, benefits under this title
at the time such item or service was furnished; or
``(ii) is in the same practice (as determined by tax
identification number) as a physician or practitioner who
furnished such an item or service in person to such
individual during such period.''.
(c) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement the provisions of, or
amendments made by, this section by interim final rule,
program instruction, or otherwise.
SEC. 2302. ENHANCED FEDERAL MEDICAID SUPPORT FOR COMMUNITY-
BASED MOBILE CRISIS INTERVENTION SERVICES.
Section 1903 of the Social Security Act (42 U.S.C. 1396b)
is amended by adding at the end the following new subsection:
``(bb) Community-Based Mobile Crisis Intervention
Services.--
``(1) In general.--Notwithstanding section 1902(a)(1)
(relating to statewideness), section 1902(a)(10)(B) (relating
to comparability), section 1902(a)(23)(A) (relating to
freedom of choice of providers), or section 1902(a)(27)
(relating to provider agreements), a State may provide
medical assistance for qualifying community-based mobile
crisis intervention services under a State plan amendment or
waiver approved under section 1115 or 1915(c).
``(2) Qualifying community-based mobile crisis intervention
services defined.--For purposes of this subsection, the term
`qualifying community-based mobile crisis intervention
services' means, with respect to a State, items and services
for which medical assistance is available under the State
plan under this title or a waiver of such plan, that are--
``(A) furnished to an individual who is--
``(i) outside of a hospital or other facility setting; and
``(ii) experiencing a mental health or substance use
disorder crisis;
``(B) furnished by a multidisciplinary mobile crisis team--
``(i) that includes at least 1 behavioral health care
professional who is capable of conducting an assessment of
the individual, in accordance with the professional's
permitted scope of practice under State law, and other
professionals or paraprofessionals with appropriate expertise
in behavioral health or mental health crisis response,
including nurses, social workers, peer support specialists,
and others, as designated by the State and approved by the
Secretary;
``(ii) whose members are trained in trauma-informed care,
de-escalation strategies, and harm reduction;
``(iii) that is able to respond in a timely manner and,
where appropriate, provide the following--
``(I) screening and assessment;
``(II) stabilization and de-escalation;
``(III) coordination with, and referrals to, health,
social, and other services and supports as needed; and
``(IV) provision or coordination of transportation to the
next step in care or treatment;
``(iv) that maintains relationships with relevant community
partners, including medical and behavioral health providers,
community health centers, crisis respite centers, managed
care organizations (if applicable), entities able to provide
assistance with application and enrollment in the State plan
or a waiver of the plan, entitles able to provide assistance
with applying for and enrolling in benefit programs, entities
that provide assistance with housing (such as public housing
authorities, Continuum of Care programs, or not-for-profit
entities that provide housing assistance), and entities that
provide assistance with other social services;
``(v) that coordinates with crisis intervention hotlines
and emergency response systems;
``(vi) that maintains the privacy and confidentiality of
patient information consistent with Federal and State
requirements; and
``(vii) that operates independently from (but may
coordinate with) State or local law enforcement agencies;
``(C) available 24 hours per day, every day of the year;
and
``(D) voluntary to receive.
``(3) Payments.--
``(A) In general.--Notwithstanding section 1905(b),
beginning January 1, 2021, during each of the first 12 fiscal
quarters that a State meets the requirements described in
paragraph (4), the Federal medical assistance percentage
applicable to amounts expended by the State for medical
assistance for qualifying community-based mobile crisis
intervention services furnished during such quarter shall be
equal to 95 percent.
``(B) Exclusion of enhanced payments from territorial
caps.--To the extent that the amount of a payment to Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
or American Samoa for medical assistance for qualifying
community-based mobile crisis intervention services that is
based on the Federal medical assistance percentage specified
in subparagraph (A) exceeds the amount that would have been
paid to such territory for such services if the Federal
medical assistance percentage for the territory had been
determined without regard to such subparagraph--
``(i) the limitation on payments to territories under
subsections (f) and (g) of section 1108 shall not apply to
the amount of such excess; and
``(ii) the amount of such excess shall be disregarded in
applying such subsections.
``(4) Requirements.--The requirements described in this
paragraph are the following:
``(A) The State demonstrates, to the satisfaction of the
Secretary--
``(i) that it will be able to support the provision of
qualifying community-based mobile crisis intervention
services that meet the conditions specified in paragraph (2);
and
``(ii) how it will support coordination between mobile
crisis teams and community partners, including health care
providers, to enable the provision of services, needed
referrals, and other activities identified by the Secretary.
``(B) The State provides assurances satisfactory to the
Secretary that--
``(i) any additional Federal funds received by the State
for qualifying community-based mobile crisis intervention
services provided under this subsection that are attributable
to the increased Federal medical assistance percentage under
paragraph (3)(A) will be used to supplement, and not
supplant, the level of State funds expended for such services
for fiscal year 2019;
``(ii) if the State made qualifying community-based mobile
crisis intervention services available in a region of the
State in fiscal year 2019, the State will continue to make
such services available in such region under this subsection
at the same level that the State made such services available
in such fiscal year; and
``(iii) the State will conduct the evaluation and
assessment, and submit the report, required under paragraph
(5).
``(5) State evaluation and report.--
``(A) State evaluation.--Not later than 4 fiscal quarters
after a State begins providing qualifying community-based
mobile crisis intervention services in accordance with this
subsection, the State shall enter into a contract with an
independent entity or organization to conduct an evaluation
for the purposes of--
``(i) determining the effect of the provision of such
services on--
``(I) emergency room visits;
``(II) use of ambulatory services;
``(III) hospitalizations;
``(IV) the involvement of law enforcement in mental health
or substance use disorder crisis events;
``(V) the diversion of individuals from jails or similar
settings; and
``(ii) assessing--
``(I) the types of services provided to individuals;
``(II) the types of events responded to;
``(III) cost savings or cost-effectiveness attributable to
such services;
``(IV) the experiences of individuals who receive
qualifying community-based mobile crisis intervention
services;
``(V) the successful connection of individuals with follow-
up services; and
``(VI) other relevant outcomes identified by the Secretary.
``(B) Comparison to historical measures.--The contract
described in subparagraph (A) shall specify that the
evaluation is based on a comparison of the historical
measures of State performance with respect to the outcomes
specified under such subparagraph to the State's performance
with respect to such outcomes during the period beginning
with the first quarter in which the State begins providing
qualifying community-based mobile crisis intervention
services in accordance with this subsection.
``(C) Report.--Not later than 2 years after a State begins
to provide qualifying community-based mobile crisis
intervention services in accordance with this subsection, the
State shall submit a report to the Secretary on the
following:
``(i) The results of the evaluation carried out under
subparagraph (A).
``(ii) The number of individuals who received qualifying
community-based mobile crisis intervention services.
``(iii) Demographic information regarding such individuals
when available, including the race or ethnicity, age, sex,
sexual orientation, gender identity, and geographic location
of such individuals.
``(iv) The processes and models developed by the State to
provide qualifying community-based mobile crisis intervention
services under such the State plan or waiver, including the
processes developed to provide referrals for, or coordination
with, follow-up care and services.
``(v) Lessons learned regarding the provision of such
services.
[[Page S7722]]
``(D) Public availability.--The State shall make the report
required under subparagraph (C) publicly available, including
on the website of the appropriate State agency, upon
submission of such report to the Secretary.
``(6) Best practices report.--
``(A) In general.--Not later than 3 years after the first
State begins to provide qualifying community-based mobile
crisis intervention services in accordance with this
subsection, the Secretary shall submit a report to Congress
that--
``(i) identifies the States that elected to provide
services in accordance with this subsection;
``(ii) summarizes the information reported by such States
under paragraph (5)(C); and
``(iii) identifies best practices for the effective
delivery of community-based mobile crisis intervention
services.
``(B) Public availability.--The report required under
subparagraph (A) shall be made publicly available, including
on the website of the Department of Health and Human
Services, upon submission to Congress.
``(7) State planning and evaluation grants.--
``(A) In general.--As soon as practicable after the date of
enactment of this subsection, the Secretary may award
planning and evaluation grants to States for purposes of
developing a State plan amendment or section 1115 or 1915(c)
waiver request (or an amendment to such a waiver) to provide
qualifying community-based mobile crisis intervention
services and conducting the evaluation required under
paragraph (5)(A). A grant awarded to a State under this
paragraph shall remain available until expended.
``(B) State contribution.--A State awarded a grant under
this subsection shall contribute for each fiscal year for
which the grant is awarded an amount equal to the State
percentage determined under section 1905(b) (without regard
to the temporary increase in the Federal medical assistance
percentage of the State under section 6008(a) of the Families
First Coronavirus Response Act (Public Law 116-127) or any
other temporary increase in the Federal medical assistance
percentage of the State for fiscal year 2020 or any
succeeding fiscal year) of the grant amount.
``(8) Funding.--
``(A) Implementation and administration.--There is
appropriated to the Secretary, out of any funds in the
Treasury not otherwise appropriated, such sums as are
necessary for purposes of implementing and administering this
section.
``(B) Planning and evaluation grants.--There is
appropriated, out of any funds in the Treasury not otherwise
appropriated, $25,000,000 to the Secretary for fiscal year
2021 for purposes of making grants under paragraph (7), to
remain available until expended.''.
SEC. 2303. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH
SERVICES DEMONSTRATION PROGRAM; FUNDING FOR THE
CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC
EXPANSION GRANT PROGRAM.
(a) In General.--Section 223(d) of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (3), by striking ``December 11, 2020'' and
inserting ``December 31, 2022''; and
(2) in paragraph (8)--
(A) in subparagraph (A), by striking ``to participate in 2-
year demonstration programs that meet the requirements of
this subsection'' and inserting ``to conduct demonstration
programs under this subsection for 2 years or through the
date specified in paragraph (3), whichever is longer'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by striking subparagraph (B) and inserting the
following:
``(B) Other new programs.--In addition to the 8 States
selected under paragraph (1) and the 2 States selected under
subparagraph (A), not later than 6 months after the date of
enactment of the Economic Justice Act, the Secretary shall
select 9 additional States to conduct demonstration programs
under this subsection for 2 years or through the date
specified in paragraph (3), whichever is longer.
``(C) Selection of states.--
``(i) Initial additional programs.--In selecting States
under subparagraph (A), the Secretary--
``(I) shall select States that--
``(aa) were awarded planning grants under subsection (c);
and
``(bb) applied to participate in the demonstration programs
under this subsection under paragraph (1) but, as of March
27, 2020, were not selected to participate under paragraph
(1); and
``(II) shall use the results of the Secretary's evaluation
of each State's application under paragraph (1) to determine
which States to select, and shall not require the submission
of any additional application.
``(ii) Other new programs.--Clause (i) shall apply to the
selection of States under subparagraph (B), except that, for
purposes of applying that clause to the selection of States
under such subparagraph, the Secretary shall substitute `as
of the date of enactment of the Economic Justice Act, were
not selected to participate under paragraph (1) or under this
paragraph' for `as of March 27, 2020, were not selected to
participate under paragraph (1)'.''.
(b) Funding for the Certified Community Behavioral Health
Clinic Expansion Grant Program.--For purposes of carrying out
the Certified Community Behavioral Health Clinic Expansion
Grant Program of the Substance Abuse and Mental Health
Services Administration, there are hereby appropriated, out
of amounts in the Treasury not otherwise appropriated,
$600,000,000, to remain available until expended.
SEC. 2304. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
Title III of the Public Health Service Act is amended by
inserting after section 330M (42 U.S.C. 254c-19) the
following:
``SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
entity that provides, or supports the provision of, health
care services in rural areas, frontier areas, health
professional shortage areas, or medically underserved areas,
or to medically underserved populations or Native Americans,
including Indian Tribes, Tribal organizations, and urban
Indian organizations, and which may include entities leading,
or capable of leading, a technology-enabled collaborative
learning and capacity building model or engaging in
technology-enabled collaborative training of participants in
such model.
``(2) Health professional shortage area.--The term `health
professional shortage area' means a health professional
shortage area designated under section 332.
``(3) Indian tribe.--The terms `Indian Tribe' and `Tribal
organization' have the meanings given the terms `Indian
tribe' and `tribal organization' in section 4 of the Indian
Self-Determination and Education Assistance Act.
``(4) Medically underserved population.--The term
`medically underserved population' has the meaning given the
term in section 330(b)(3).
``(5) Native americans.--The term `Native Americans' has
the meaning given the term in section 736 and includes Indian
Tribes and Tribal organizations.
``(6) Technology-enabled collaborative learning and
capacity building model.--The term `technology-enabled
collaborative learning and capacity building model' means a
distance health education model that connects health care
professionals, and particularly specialists, with multiple
other health care professionals through simultaneous
interactive videoconferencing for the purpose of facilitating
case-based learning, disseminating best practices, and
evaluating outcomes.
``(7) Urban indian organization.--The term `urban Indian
organization' has the meaning given the term in section 4 of
the Indian Health Care Improvement Act.
``(b) Program Established.--The Secretary shall, as
appropriate, award grants to evaluate, develop, and, as
appropriate, expand the use of technology-enabled
collaborative learning and capacity building models, to
improve retention of health care providers and increase
access to health care services, such as those to address
chronic diseases and conditions, infectious diseases, mental
health, substance use disorders, prenatal and maternal
health, pediatric care, pain management, palliative care, and
other specialty care in rural areas, frontier areas, health
professional shortage areas, or medically underserved areas
and for medically underserved populations or Native
Americans.
``(c) Use of Funds.--
``(1) In general.--Grants awarded under subsection (b)
shall be used for--
``(A) the development and acquisition of instructional
programming, and the training of health care providers and
other professionals that provide or assist in the provision
of services through models described in subsection (b), such
as training on best practices for data collection and leading
or participating in such technology-enabled activities
consistent with technology-enabled collaborative learning and
capacity-building models;
``(B) information collection and evaluation activities to
study the impact of such models on patient outcomes and
health care providers, and to identify best practices for the
expansion and use of such models; or
``(C) other activities consistent with achieving the
objectives of the grants awarded under this section, as
determined by the Secretary.
``(2) Other uses.--In addition to any of the uses under
paragraph (1), grants awarded under subsection (b) may be
used for--
``(A) equipment to support the use and expansion of
technology-enabled collaborative learning and capacity
building models, including for hardware and software that
enables distance learning, health care provider support, and
the secure exchange of electronic health information; or
``(B) support for health care providers and other
professionals that provide or assist in the provision of
services through such models.
``(d) Length of Grants.--Grants awarded under subsection
(b) shall be for a period of up to 5 years.
``(e) Grant Requirements.--The Secretary may require
entities awarded a grant under this section to collect
information on the effect of the use of technology-enabled
collaborative learning and capacity building models, such as
on health outcomes, access to health care services, quality
of care, and provider retention in areas and populations
described in subsection (b). The Secretary may award a grant
or contract to assist in the coordination of such models,
including to assess outcomes associated with the use of
[[Page S7723]]
such models in grants awarded under subsection (b), including
for the purpose described in subsection (c)(1)(B).
``(f) Application.--An eligible entity that seeks to
receive a grant under subsection (b) shall submit to the
Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require.
Such application shall include plans to assess the effect of
technology-enabled collaborative learning and capacity
building models on patient outcomes and health care
providers.
``(g) Access to Broadband.--In administering grants under
this section, the Secretary may coordinate with other
agencies to ensure that funding opportunities are available
to support access to reliable, high-speed internet for
grantees.
``(h) Technical Assistance.--The Secretary shall provide
(either directly through the Department of Health and Human
Services or by contract) technical assistance to eligible
entities, including recipients of grants under subsection
(b), on the development, use, and evaluation of technology-
enabled collaborative learning and capacity building models
in order to expand access to health care services provided by
such entities, including for medically underserved areas and
to medically underserved populations or Native Americans.
``(i) Research and Evaluation.--The Secretary, in
consultation with stakeholders with appropriate expertise in
such models, shall develop a strategic plan to research and
evaluate the evidence for such models. The Secretary shall
use such plan to inform the activities carried out under this
section.
``(j) Report by Secretary.--Not later than 4 years after
the date of enactment of this section, the Secretary shall
prepare and submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, and post on the
internet website of the Department of Health and Human
Services, a report including, at minimum--
``(1) a description of any new and continuing grants
awarded to entities under subsection (b) and the specific
purpose and amounts of such grants;
``(2) an overview of--
``(A) the evaluations conducted under subsections (b);
``(B) technical assistance provided under subsection (h);
and
``(C) activities conducted by entities awarded grants under
subsection (b); and
``(3) a description of any significant findings or
developments related to patient outcomes or health care
providers and best practices for eligible entities expanding,
using, or evaluating technology-enabled collaborative
learning and capacity building models, including through the
activities described in subsection (h).
``(k) Funding.--To carry out this section, there are hereby
appropriated, out of amounts in the Treasury not otherwise
appropriated, $100,000,000 for each of fiscal years 2021
through 2025, to remain available until expended.''.
SEC. 2305. RYAN WHITE HIV/AIDS PROGRAM.
For purposes of carrying out title XXVI of the Public
Health Service Act (42 U.S.C. 300ff-11 et seq.), there are
hereby appropriated, out of amounts in the Treasury not
otherwise appropriated, $1,000,000,000, to remain available
until expended.
SEC. 2306. COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT.
Section 1920 of the Public Health Service Act (42 U.S.C.
300x-9) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Additional Amounts for Community Mental Health
Services.--In addition to amounts otherwise made available
for such purposes, for purposes of carrying out this subpart,
subpart III with respect to mental health, and section
515(c), there are hereby appropriated, out of amounts in the
Treasury not otherwise appropriated, $700,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended.''.
SEC. 2307. SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK
GRANT.
Section 1935 of the Public Health Service Act (42 U.S.C.
300x-35) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Additional Amounts for Substance Abuse Prevention and
Treatment.--In addition to amounts otherwise made available
for such purposes, for purposes of carrying out this subpart,
subpart III with respect to substance abuse, section 505(d),
and section 515(d), there are hereby appropriated, out of
amounts in the Treasury not otherwise appropriated,
$500,000,000 for each of fiscal years 2021 through 2025, to
remain available until expended.''.
TITLE III--FEDERALLY SUPPORTED JOBS, TRAINING, AND AT-RISK YOUTH
INITIATIVES
Subtitle A--Department of Labor Employment and Training Programs
SEC. 3101. DEFINITIONS AND WIOA REQUIREMENTS.
(a) WIOA Definitions and Requirements.--Except as otherwise
provided, in this subtitle, other than chapter 5--
(1) the terms have the meanings given the terms in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102); and
(2) an allotment, allocation, or other provision of funds
made in accordance with a provision of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) shall
be made in compliance with the applicable requirements of
such Act (29 U.S.C. 3101 et seq.), including the applicable
requirements of section 182(e) of such Act (29 U.S.C.
3242(e)) unless otherwise provided for in this title.
(b) Other Definitions.--In this subtitle:
(1) Apprenticeship opportunity; apprenticeship program.--
The terms ``apprenticeship opportunity'' and ``apprenticeship
program'' mean an opportunity in an apprenticeship program,
and an apprenticeship program, that is registered by the
Office of Apprenticeship or a State apprenticeship agency
under the Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act'') (50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.), including, as in effect on December
30, 2019, any requirement, standard, or rule promulgated
under that Act.
(2) Coronavirus.--The term ``coronavirus'' means
coronavirus as defined in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020 (Public Law 116-123).
(3) COVID-19 national emergency.--The term ``COVID-19
national emergency'' means the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) on March 13, 2020, with respect to the
coronavirus.
(4) Secretary.--The term ``Secretary''--
(A) as such term is used in chapters 1 through 4, and
chapters 6 and 7, means the Secretary of Labor; and
(B) as such term is used in chapter 5, means the Secretary
of Education.
(c) Rule.--If funds awarded under this subtitle, including
all funds awarded for the purposes of grants, contracts or
cooperative agreements, or the development, implementation,
or administration of apprenticeship programs (or
apprenticeship opportunities), are used to fund
apprenticeship programs (or apprenticeship opportunities),
those funds shall only be provided to apprenticeship programs
(or opportunities in apprenticeship programs) that meet the
definition of an apprenticeship program under subsection (b).
CHAPTER 1--WORKFORCE DEVELOPMENT ACTIVITIES IN RESPONSE TO THE COVID-19
NATIONAL EMERGENCY
SEC. 3111. WORKFORCE RESPONSE ACTIVITIES.
(a) Funds for Adults and Dislocated Workers.--With respect
to funds appropriated under section 3113(d) or 3115(c) and
allotted to a State under subtitle B of title I of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3151 et
seq.) for adult or dislocated worker workforce development
activities, allocated to a local area for adult workforce
development activities in accordance with paragraph (2)(A) or
paragraph (3) of section 133(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3173(b)), or allocated to a
local area for dislocated worker workforce development
activities in accordance with section 133(b)(2)(B) of such
Act (29 U.S.C. 3173(b)(B)), the following shall apply:
(1) Eligibility of adults and dislocated workers.--To be
eligible to receive services through those funds, an adult or
dislocated worker--
(A) shall not be required to meet the requirements of
section 134(c)(3)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3)(B)); and
(B) may include, as determined by the Governor or local
board involved, an individual described in section
2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic
Security Act (15 U.S.C. 9021(a)(3)(A)) who, for the purposes
of this section, may be considered by the Governor or board
to be an adult or a dislocated worker.
(2) Individualized career services.--Such funds may be used
to provide individualized career services described in
section 134(c)(2)(A)(xii) of the Workforce Investment and
Opportunity Act (29 U.S.C. 3174(c)(2)(A)(xii)) to any such
eligible adult and dislocated worker.
(3) Incumbent worker training.--In a case in which the
local board for such local area provides to the Secretary an
assurance that the local area will use such allocated funds
(allocated for adult or dislocated worker activities) to
provide the work support activities designed to assist low-
wage workers in retaining and enhancing employment in
accordance with section 134(d)(1)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(B)),
such local board may--
(A) use not more than 40 percent of such allocated funds
for a training program for incumbent workers described in
section 134(d)(4)(A)(i) of such Act (29 U.S.C.
3174(d)(4)(A)(i)) (for such low-wage workers who are
incumbent workers); and
(B) consider the economic impact of the COVID-19 national
emergency to the employer or participants of such program in
determining an employer's eligibility under section
134(d)(4)(A)(ii) of such Act (29 U.S.C. 3174(d)(4)(A)(ii)))
for the Federal share of the cost of such program.
(4) Transitional jobs.--
(A) In general.--The local board for such local area may
use not more than 40 percent of such allocated funds to
provide transitional jobs in accordance with section
134(d)(5) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(d)(5)).
(B) Clarification.--Section 194(10) of the Workforce
Innovation and Opportunity Act
[[Page S7724]]
(29 U.S.C. 3254(10)) shall not apply with respect to the
funds used under this paragraph.
(5) On-the-job training.--The Governor for the State or the
local board for such area may take into account the impact of
the COVID-19 national emergency as a factor in determining
whether to increase the amount of a reimbursement to an
amount up to 75 percent of the wage rate of a participant in
accordance with 134(c)(3)(H) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3)(H)).
(6) Customized training.--The Governor for the State or
local board for such area may take into account the impact of
the COVID-19 national emergency as a factor in determining
the portion of the cost of training an employer shall provide
in accordance with section 3(14) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(14)).
(b) Youth.--With respect to funds appropriated under
section 3114(d) and allotted or allocated under subtitle B of
title I of the Workforce Innovation and Opportunity Act (29
U.S.C. 3151 et seq.) for the activities described in chapter
2 of subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3161 et seq.) for out-of-school
youth and in-school youth (as such terms are defined in
section 129(a)(1) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164(a)(1))), the Governor or local board
involved may determine that--
(1) in the case of an individual described in section
2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic
Security Act (15 U.S.C. 9021(a)(3)(A))) who meets the
requirements of clauses (i) and (ii) of section 129(a)(1)(B)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3164(a)(1)(B)), such individual meets the definition of an
out-of-school youth in such section 129(a)(1)(B); and
(2) in the case of an individual described in section
2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic
Security Act who meets the requirements of clauses (i)
through (iii) of section 129(a)(1)(C) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(a)(1)(C)),
such individual meets the definition of an in-school youth in
such section 129(a)(1)(C).
(c) Governor's Reserve.--With respect to funds appropriated
under section 3113(d), 3114(d), or 3115(c) and allotted under
subtitle B of title I of the Workforce Innovation and
Opportunity Act to a State in accordance with section
127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section
132(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3162(b)(1)(C); 3172(b)), the Governor--
(1) shall make the reservations under section 128(a) and
133(a)(1) of such Act (29 U.S.C. 3163(a); 3173(a)(1)) and use
the reserved funds for statewide activities described in
section 129(b) or paragraph (2)(B) or (3) of section 134(a)
of such Act (29 U.S.C. 3164(b); 3174(a)) related to the
COVID-19 national emergency; and
(2) may make a reservation (in addition to the reservations
described in paragraph (1)) of not more than 10 percent for
activities related to responding to the COVID-19 national
emergency if such reserved funds are used for activities
benefitting the local areas within such State most impacted
by the COVID-19 national emergency, which activities may
include providing--
(A) training for health care workers, public health
workers, personal care attendants, direct service providers,
home health workers, and frontline workers;
(B) resources to support, or allow for and provide access
to, online services, including counseling, case management,
and employment retention services, and training delivery by
local boards, one-stop centers, one-stop operators, or
eligible training services providers; or
(C) additional resources to such local areas to provide
career services and supportive services for eligible
individuals.
(d) State Workforce COVID-19 Recovery Plan.--Not later than
60 days after a State receives funds appropriated under
section 3113(d), 3114(d), or 3115(c), the Governor shall
submit to the Secretary, as a supplement to the State plan
submitted under section 102(a) or 103(a) of the Workforce
Investment and Opportunity Act (29 U.S.C. 3112(a); 3113(a)),
a workforce plan that responds to the COVID-19 national
emergency.
SEC. 3112. NATIONAL DISLOCATED WORKER GRANTS.
(a) Grants Authorized.--From the funds appropriated under
subsection (e), the Secretary shall award, in accordance with
section 170 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3225), national dislocated worker grants to the
entities that meet the requirements for the grants under such
section to carry out the activities described in such section
and in subsection (d) of this section.
(b) Plan.--The Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committees on Appropriations of the House of
Representatives and the Senate, not later than 30 days after
the date of enactment of this Act, a plan for awarding of
grants under this section.
(c) Timing.--Subject to the availability of appropriations
to carry out this section, not later than 60 days after the
date of enactment of this Act, the Secretary shall use not
less than 50 percent of the funds appropriated under
subsection (e) to award grants under this section.
(d) Uses of Funds.--
(1) In general.--Not less than half of the funds
appropriated under subsection (e) shall be used to award
grants under this section to carry out this subsection, by
responding to the COVID-19 national emergency as described in
paragraph (2).
(2) Response to covid-19 national emergency.--Such a grant
to respond to the COVID-19 national emergency shall be used
to provide activities that include each of the following:
(A) Training and temporary employment to respond to the
COVID-19 national emergency, ensuring any training or
employment under this subparagraph provides participants with
adequate and safe equipment, environments, and facilities for
training and supervision, including positions or
assignments--
(i) as personal care attendants, direct service providers,
or home health workers providing direct care and home health
services, including delivering medicine, food, or other
supplies, for--
(I) older individuals, individuals with disabilities, and
other individuals with respiratory conditions or other
underlying health conditions; or
(II) individuals in urban, rural, or suburban local areas
with excess poverty;
(ii) in health care and health care support positions
responding to the COVID-19 national emergency;
(iii) to support State, local, or tribal health
departments; or
(iv) in a sector directly responding to the COVID-19
national emergency such as childcare, food retail, public
service, manufacturing, or transportation.
(B) Activities responding to layoffs of 50 or more
individuals laid off by one employer, or layoffs that
significantly increase unemployment in a community, as a
result of the COVID-19 national emergency, such as layoffs in
the hospitality, transportation, manufacturing, or retail
industry sectors or occupations.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000,000 for
fiscal year 2021, to remain available through fiscal year
2023.
SEC. 3113. STATE DISLOCATED WORKER ACTIVITIES RESPONDING TO
THE COVID-19 EMERGENCY.
(a) Distribution of Funds.--
(1) States.--From the amounts appropriated under subsection
(d), the Secretary shall make allotments to States in
accordance with section 132(b)(2) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3172(b)(2)).
(2) Local areas.--Not later than 30 days after a State
receives an allotment under paragraph (1), the State shall
use the allotted funds--
(A) to make the reservations required under section 133(a)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3173(a)), which reserved funds may be used for statewide
activities described in section 134(a) of such Act (29 U.S.C.
3174(a)) related to the COVID-19 national emergency and the
activities described in subsection (c); and
(B) to allocate the remaining funds to local areas in
accordance with section 133(b)(2)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3173(b)(2)(B)),
which funds may be used for activities described in section
134 (other than section 134(a)) of such Act.
(b) Required Uses.--Each State, in coordination with local
areas to the extent described in subsection (c), shall use
the funds received under this section to engage in the
dislocated worker response activities described in sections
133(b)(2)(B) and 134 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3173(b)(2)(B); 3174), and the
activities described in subsection (c), to support layoff
aversion and provide necessary supports to eligible adults
(at risk of dislocation) and dislocated workers and to
employers facing layoffs, due to the impacts of the COVID-19
national emergency.
(c) COVID-19 Dislocated Worker Emergency Response.--The
dislocated worker response activities described in this
subsection shall include each of the following activities
carried out by a State, in coordination with local areas
impacted by the COVID-19 national emergency (including local
areas in which layoffs, suspensions, or reductions of
employment have occurred or have the potential to occur as a
result of the COVID-19 national emergency):
(1) The rapid response activities described in section
134(a)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(a)(2)(A)), including the layoff aversion
activities described in section 682.320 of subtitle 20, Code
of Federal Regulations (as in effect on the date of enactment
of this Act) to engage employers and adults (at risk of
dislocation).
(2) Coordination of projects, for eligible adults (at risk
of dislocation) and dislocated workers impacted by layoffs,
suspensions, or reductions in employment as a result of the
COVID-19 national emergency, targeted at immediate
reemployment, career navigation services, supportive
services, career services, training for in-demand industry
sectors and occupations, provision of information on in-
demand and declining industries and information on employers
who have a demonstrated history of providing equitable
benefits and compensation and safe working conditions, access
to technology and online skills training including digital
literacy skills training, and other layoff support or further
layoff aversion strategies through employment and training
activities.
[[Page S7725]]
(3) A prioritization or coordination of employment and
training activities, including supportive services and career
pathways, that--
(A) prepare eligible adults (at risk of dislocation) and
dislocated workers to participate in short-term employment to
meet the demands for health care workers, public health
workers, personal care attendants, direct service providers,
home health workers, and frontline workers responding to the
COVID-19 national emergency, including frontline workers in
the transportation, information technology, service,
manufacturing, food service, maintenance, and cleaning
sectors;
(B) allow such individuals to maintain eligibility for
career services and training services through the period in
which such individuals are in short-term employment to
respond to the COVID-19 national emergency, and in the period
immediately following the conclusion of the short-term
employment, to support transitions into further training or
employment; and
(C) provide participants with adequate and safe equipment,
environments, and facilities for training and supervision.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the activities described in
this section, and subsections (a), (c), and (d) of section
3111, $2,500,000,000 for fiscal year 2021, to remain
available through fiscal year 2023.
SEC. 3114. YOUTH WORKFORCE INVESTMENT ACTIVITIES RESPONDING
TO THE COVID-19 NATIONAL EMERGENCY.
(a) Distribution of Funds.--
(1) States.--From the amounts appropriated under subsection
(d), the Secretary shall make allotments to States in
accordance with section 127(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3162(b)).
(2) Local areas.--Not later than 30 days after a State
receives an allotment under paragraph (1), the State shall
use the allotted funds--
(A) to make the reservations required under 128(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3163(a)),
which reserved funds may be used for statewide activities
described in section 129(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(a)) related to the COVID-19
national emergency and the activities described in subsection
(b); and
(B) to allocate the remaining funds to local areas in
accordance with section 128(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3163(b)), which funds may be
used for the activities described in subsection (b).
(b) Uses of Funds.--
(1) In general.--In using the funds received under this
section, each State and local area shall prioritize providing
services described in paragraph (2)(A) for youth impacted by
diminished labor market opportunities for summer jobs or
year-round employment due to the economic impacts of the
COVID-19 national emergency.
(2) Youth workforce investment activities.--
(A) Employment opportunities for at-risk youth.--Each State
and local area receiving funds under this section shall use
not less than 50 percent of such funds to support summer and
year-round youth employment opportunities for in-school and
out-of-school youth--
(i) with a priority for out-of-school youth and youth with
multiple barriers to employment; and
(ii) which shall include support for employer partnerships
for youth employment and subsidized youth employment, and
partnerships with community-based organizations to support
such employment opportunities.
(B) Other activities.--Any amount of the funds so received
that is not used to carry out the activities described in
subparagraph (A) shall be used by States and local areas for
carrying out the activities described in subsections (b) and
(c), respectively, of section 129 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3164), and for the purposes
of--
(i) supporting in-school and out-of-school youth to connect
to education and career pathways;
(ii) establishing or expanding partnerships with community-
based organizations to develop or expand work experience
opportunities through which youth can develop skills and
competencies to secure and maintain employment, including
opportunities with supports for activities like peer
mentoring;
(iii) providing subsidized employment, internships, work-
based learning, and youth apprenticeship opportunities;
(iv) providing work readiness training activities and
educational programs aligned to career pathways that support
credential attainment and the development of employability
skills;
(v) engaging or establishing industry or sector
partnerships to determine job needs and available
opportunities for youth employment;
(vi) conducting outreach to youth and employers;
(vii) providing coaching, navigation, and mentoring
services for participating youth, including career
exploration, career counseling, career planning, and college
planning services for participating youth;
(viii) providing coaching, navigation, and mentoring
services for employers on how to successfully employ
participating youth in meaningful work;
(ix) providing services to youth, to enable participation
in a program of youth activities, which services may include
supportive services, access to technological devices and
access to other supports needed to access online services,
and followup services for not less than 12 months after the
completion of participation, as appropriate; and
(x) coordinating activities under this section with State
and local educational agencies to adjust for revised academic
calendars in response to the COVID-19 national emergency.
(c) General Provisions.--A State or local area using funds
under this section for youth summer or year-round employment
shall require that not less than 25 percent of the wages of
each eligible youth participating in such employment be paid
by the employer, except that such requirement may waived for
an employer facing financial hardship due to the COVID-19
national emergency.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the activities described in
this section, and subsections (b), (c), and (d) of section
3111, $2,500,000,000 for fiscal year 2021, to remain
available through fiscal year 2023.
SEC. 3115. ADULT EMPLOYMENT AND TRAINING ACTIVITIES
RESPONDING TO THE COVID-19 NATIONAL EMERGENCY.
(a) Distribution of Funds.--
(1) States.--From the amounts appropriated under subsection
(c), the Secretary shall make allotments to States in
accordance with section 132(b)(1) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3172(b)(1)).
(2) Local areas.--Not later than 30 days after a State
receives an allotment under paragraph (1), the State shall
use the allotted funds--
(A) to make the reservations required under section 133(a)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3173(a)), which reserved funds may be used for statewide
activities described in section 134(a) of such Act (29 U.S.C.
3174(a)) related to the COVID-19 national emergency; and
(B) to allocate the remaining funds to local areas in
accordance with paragraph (2)(A) or (3) of section 133(b) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3173(b)).
(b) Uses of Funds.--
(1) In general.--Each State and local area receiving funds
under this section shall use the funds to engage in the adult
employment and training activities described in section 134
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3174) to provide necessary supports and services to eligible
adults who are adversely impacted by the COVID-19 national
emergency, including to individuals who are underemployed or
most at risk of unemployment, and shall coordinate the adult
employment and training services with employers facing
economic hardship or employment challenges due to economic
impacts of the COVID-19 national emergency.
(2) COVID-19 adult employment and training activities.--
(A) Services to support employers impacted by the covid-19
national emergency.--Of the funds allocated to a local area
under subsection (a)(2)(B), not less than one third shall be
used for providing services to eligible adults to support
employers impacted by the COVID-19 national emergency,
including incumbent worker training, on-the-job training, and
customized training activities, and activities supporting
employee retention for employers, prioritizing those
employers facing economic hardship or employment challenges
as a result of the COVID-19 national emergency.
(B) Underemployment and employment supports.--Of the funds
allocated to a local area and not used for activities under
subparagraph (A), such funds shall be used to provide the
services and supports described in section 134 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174) for
eligible adults who are workers facing underemployment,
individuals seeking work, or dislocated workers, prioritizing
individuals with barriers to employment or eligible adults
who are adversely impacted by economic changes within their
communities due to the COVID-19 national emergency, including
providing--
(i) work-based learning opportunities including paid
internships, paid work experience opportunities, transitional
jobs, or opportunities in apprenticeship programs;
(ii) career navigation supports to encourage and enable
workers to find new career pathways to in-demand industry
sectors and occupations and the necessary training to support
those career pathways, or workplace learning advisors to
support incumbent workers;
(iii) training for in-demand industry sectors and
occupations, including for digital literacy needed for such
industry sectors and occupations;
(iv) virtual services and virtual employment and training
activities, including providing appropriate accommodations to
individuals with disabilities in accordance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.); and
(v) supportive services and individualized career services.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and subsections
(a), (c), and (d) of section 3111, $2,500,000,000 for fiscal
year 2021, to remain available through fiscal year 2023.
[[Page S7726]]
CHAPTER 2--EMPLOYMENT SERVICE COVID-19 NATIONAL EMERGENCY RESPONSE FUND
SEC. 3121. EMPLOYMENT SERVICE.
(a) In General.--From the funds appropriated under
subsection (c), the Secretary shall--
(1) reserve not less than $100,000,000 for workforce
information systems improvements, including for related
electronic tools and system building, and for the activities
described in subsection (b)(1); and
(2) use the remaining funds to make allotments in
accordance with section 6 of the Wagner-Peyser Act (29 U.S.C.
49e) to States, which for purposes of this section shall
include the Commonwealth of the Northern Mariana Islands and
American Samoa, for--
(A) the activities described in subsection (b)(2) of this
section; and
(B) the activities described in section 15 of the Wagner-
Peyser Act (29 U.S.C. 49l-2).
(b) Uses of Funds.--
(1) Reservation uses of funds.--The Secretary shall use the
funds reserved under subsection (a)(1) for--
(A) workforce information grants to States for the
development of labor market insights and evidence on the
State and local impacts of the COVID-19 national emergency
and on promising reemployment strategies, and to improve
access to tools and equipment for virtual products and
service delivery;
(B) the Workforce Information Technology Support Center, to
facilitate voluntary State participation in multi-State data
collaboratives that develop real-time State and local labor
market insights on the impacts of the COVID-19 national
emergency and evidence to promote more rapid reemployment and
economic mobility, using cross-State and cross-agency
administrative data; and
(C) improvements in short- and long-term State and local
occupational and employment projections to facilitate
reemployment, economic mobility, and economic development
strategies.
(2) State uses of funds.--A State shall use an allotment
received under subsection (a)(2) to--
(A) provide additional resources for supporting employment
service personnel employed on a merit system in providing
reemployment services for unemployed and underemployed
workers impacted by the COVID-19 national emergency;
(B) provide assistance for individuals impacted by the
COVID-19 national emergency, including individuals receiving
unemployment benefits or seeking employment as a result of
the emergency (which provision of assistance shall include
providing for services such as reemployment services, job
search assistance, and job matching services based on the
experience of individuals, and providing individualized
career services for all such individuals); and
(C) provide services for employers impacted by the COVID-19
national emergency, which shall include services for
employers dealing with labor force changes as a result of
such emergency.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the activities described in
this section $1,700,000,000 for fiscal year 2021, to remain
available through fiscal year 2023.
CHAPTER 3--JOB CORPS RESPONSE TO THE COVID-19 NATIONAL EMERGENCY
SEC. 3131. JOB CORPS RESPONSE TO THE COVID-19 NATIONAL
EMERGENCY.
(a) Funding for Job Corps During the COVID-19 National
Emergency.--From the funds appropriated under subsection (c),
the Secretary--
(1) shall provide funds to each entity with which the
Secretary has entered into an agreement under section
147(a)(1) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3197(a)(1)) to--
(A) during the COVID-19 national emergency--
(i) carry out the activities described in section 148(a) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3198(a)); and
(ii) provide the child care described in section 148(e) of
such Act (29 U.S.C. 3198(e)); and
(B) retain existing capacity (existing as of June 1, 2019)
of each Job Corps center, including retaining the existing
residential capacity, during and after the COVID-19 national
emergency, and increase staffing and student capacity and
resources related to section 145 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3195) to provide for full on-
board strength after such emergency; and
(C) during the 12-month period after the COVID-19 national
emergency, carry out the graduate services described in
section 148(d) of such Act (29 U.S.C. 3198(d)) for any
individual who has graduated from Job Corps during the 3-
month period after such emergency; and
(2) may--
(A) provide up to 15 percent of the funds provided to the
entity to meet the operational needs of the Job Corps center
(which may include the cleaning, sanitation, and necessary
improvements of the center related to COVID-19);
(B) support--
(i) activities providing the relationship to opportunities,
and links to employment opportunities described in paragraphs
(2) and (3) of section 148(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3198(a));
(ii) to the greatest extent practicable, the career and
technical education and training described in section 148(b)
of such Act (29 U.S.C. 3198(b)) through virtual or remote
means for any period while Job Corps enrollees are away from
their centers during the COVID-19 national emergency,
including by providing necessary technology resources to
enrollees during that period; and
(iii) other activities described in section 148 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3198);
(C) provide for costs related to infrastructure projects,
including technology modernization needed to provide for
virtual and remote learning; and
(D) provide for payment of Job Corps stipends, including
emergency Job Corps stipends, and facilitate such payments
through means such as debit cards with no usage fees, and
provide for corresponding financial literacy.
(b) Flexibility.--
(1) In general.--In order to provide for the successful
continuity of services and enrollment periods during the
COVID-19 national emergency, additional flexibility shall be
provided for Job Corps enrollees, operators, and providers of
activities, including flexibility described in paragraphs (2)
through (6).
(2) Eligibility.--Notwithstanding the age requirements for
enrollment under section 144(a)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3194(a)(1)), an
individual seeking to enroll in the Job Corps and who will
turn 25 during the COVID-19 national emergency is eligible
for such enrollment.
(3) Enrollment length.--Notwithstanding section 146(b) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3196(b)), an individual enrolled in the Job Corps during the
COVID-19 national emergency may extend the individual's
period of enrollment for more than 2 years, as long as such
extension does not exceed a 2-year, continuous period of
enrollment after the COVID-19 national emergency.
(4) Advanced career training programs.--With respect to
advanced career training programs under section 148(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3198(c)),
in which the enrollees may continue to participate for a
period not to exceed 1 year in addition to the period of
participation to which the enrollees would otherwise be
limited, the COVID-19 national emergency shall not be
considered as any portion of such additional 1-year
participation period.
(5) Counseling, job placement, and assessment.--The
counseling, job placement services, and assessment described
in section 149 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3199) shall be available to former enrollees--
(A) whose enrollment was interrupted due to the COVID-19
national emergency; or
(B) who graduated from Job Corps not earlier than January
1, 2020, but not later than 3 months after the COVID-19
national emergency.
(6) Support.--
(A) In general.--The Secretary shall provide additional
support for the transition periods described in section
150(c) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3200(c)), including support described in subparagraphs
(B) and (C).
(B) Transition allowances.--The Secretary shall provide for
additional transition allowances as described in subsection
(b) of such section for Job Corps graduates who have
graduated in 2020 and shall provide those allowances during
the period that begins on the first day of the COVID-19
national emergency and ends 3 months after the conclusion of
the emergency.
(C) Transition support.--The Secretary shall consider the
period described in subparagraph (B) as the period in which
the employment services described in subsection (c) of such
section shall be provided to graduates who have graduated in
2020.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this chapter $500,000,000 for
fiscal year 2021, to remain available through fiscal year
2023.
CHAPTER 4--NATIONAL PROGRAMS
SEC. 3141. NATIVE AMERICAN PROGRAMS RESPONDING TO THE COVID-
19 NATIONAL EMERGENCY.
(a) Competitive Grant Awards.--As a result of challenges
faced due to the COVID-19 national emergency, the Secretary
may extend, by 1 fiscal year, the 4-year period for grants,
contracts, and cooperative agreements that will be awarded in
fiscal year 2021 under subsection (c) of section 166 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3221).
Funds under such grants, contracts, and cooperative
agreements shall be used to carry out the activities
described in subsection (d) of such section 166 through
fiscal year 2025.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and activities
as described in section 166 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3221) $150,000,000 for fiscal year
2021, to remain available through fiscal year 2025.
SEC. 3142. MIGRANT AND SEASONAL FARMWORKER PROGRAM RESPONSE.
(a) Competitive Grant Awards.--As a result of challenges
faced due to the COVID-19 national emergency, the Secretary
may extend, by 1 fiscal year, the 4-year period for grants
and contracts that will be awarded in fiscal year 2021 under
subsection (a) of section 167 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3222). Funds under such grants and
contracts shall be used to
[[Page S7727]]
carry out the activities described in subsection (d) of such
section 167 through fiscal year 2025.
(b) Eligible Migrant and Seasonal Farmworker.--
Notwithstanding the low-income requirement in the definition
of ``eligible seasonal farmworker'' in section 167(i)(3) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3222(i)(3)), an individual seeking to enroll in a program
funded under section 167 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3222) during the COVID-19 national
emergency is eligible for such enrollment if such individual
is a member of a family with a total family income equal to
or less than 150 percent of the poverty line.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and activities
as described in section 167 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3222) $150,000,000 for fiscal year
2021, to remain available through fiscal year 2023.
SEC. 3143. YOUTHBUILD ACTIVITIES RESPONDING TO THE COVID-19
NATIONAL EMERGENCY.
(a) In General.--In order to provide for the successful
continuity of services and enrollment periods during the
COVID-19 national emergency, the Secretary shall--
(1) make available, from 20 percent of the funds
appropriated under subsection (c), assistance to entities
carrying out YouthBuild programs operating during the COVID-
19 national emergency and, for the assistance made available
to such an entity--
(A) the assistance may be used for carrying out the
activities under section 171(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3226(c)(2)); and
(B) notwithstanding section 171(c)(2)(D) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3226(c)(2)(D)), a
portion equal to not more than 20 percent of the assistance
may be used for the administrative costs of carrying out
activities under section 171(c)(2) of such Act, but all of
such portion shall be used for such administrative costs
related to responding to the COVID-19 national emergency;
(2) after using funds in accordance with paragraph (1), use
80 percent of the funds appropriated under subsection (c)
to--
(A) reserve and use funds in accordance with section
171(g)(2)(B) of such Act (29 U.S.C. 3226(g)(2)(B)); and
(B) award grants in accordance with section 171(c) of such
Act (29 U.S.C. 3226(c)), which may be awarded as supplemental
awards, to eligible entities that received grants under such
section 171(c) for program year 2019 or 2020; and
(3) provide for the flexibility described in subsection (b)
for YouthBuild participants and entities carrying out
YouthBuild programs.
(b) Flexibility.--
(1) In general.--During the COVID-19 national emergency,
the Secretary shall provide for flexibility for YouthBuild
participants and entities carrying out YouthBuild programs,
including flexibility described in paragraphs (2) and (3).
(2) Eligibility.--Notwithstanding the age requirements for
enrollment under section 171(e)(1)(A)(i) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3226(e)(1)(A)(i)),
an individual seeking to participate in a YouthBuild program
and who will turn 25 during the COVID-19 national emergency
is eligible for such participation.
(3) Participation length.--Notwithstanding section
171(e)(2) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3226(e)(2)), the period of participation in a
YouthBuild program may extend for more than 24 months for an
individual participating in such program during the COVID-19
national emergency, as long as such extension does not exceed
a 24-month, continuous period of enrollment after the COVID-
19 national emergency.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $250,000,000 for
fiscal year 2021, to remain available through fiscal year
2023.
SEC. 3144. REENTRY EMPLOYMENT OPPORTUNITIES RESPONDING TO THE
COVID-19 NATIONAL EMERGENCY.
(a) In General.--The Secretary shall--
(1) not later than 30 days after the date of enactment of
this Act, announce an opportunity to receive funds in
accordance with section 169(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3224(b)) for the activities
described in subsection (b) of this section; and
(2) from the funds appropriated under subsection (c), not
later than 45 days after the date on which an entity submits
an application that meets the requirements of the Secretary
under this section, award funds under this section to such
entity.
(b) Use of Funds.--
(1) In general.--Funds under this section shall be used to
support reentry employment opportunities for justice system-
involved youth or young adults, formerly incarcerated adults,
and former offenders, during and following the COVID-19
national emergency, with priority given to providing for
subsidized employment and transitional jobs, and creating
stronger alignment between the opportunities and the
workforce development system and participant supports under
subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3151 et seq.).
(2) Grants for intermediaries.--
(A) Reservation.--Of the amount appropriated under
subsection (c), the Secretary shall reserve $87,500,000 for
grants under this paragraph.
(B) Grants.--The Secretary shall make grants, on a
competitive basis, to national and regional intermediaries
for reentry employment opportunities described in paragraph
(1) that prepare young, formerly incarcerated individuals
described in paragraph (1), including such individuals who
have dropped out of school or other educational programs. In
making the grants, the Secretary shall give priority to
intermediaries proposing projects serving high-crime, high-
poverty areas.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $350,000,000 for
fiscal year 2021, to remain available through fiscal year
2023.
SEC. 3145. REGISTERED APPRENTICESHIP OPPORTUNITIES RESPONDING
TO THE COVID-19 NATIONAL EMERGENCY.
(a) In General.--From the funds appropriated under
subsection (c), the Secretary shall award grants, contracts,
or cooperative agreements to eligible entities on a
competitive basis to create or expand apprenticeship
programs, which shall include pre-apprenticeship programs and
youth apprenticeship programs.
(b) Use of Funds.--In making awards under subsection (a),
the Secretary shall ensure that--
(1) not less than 50 percent of the funds appropriated
under subsection (c) shall be awarded to States in accordance
with the award information described in the Department of
Labor Employment and Training Administration Training and
Employment Guidance Letter No. 17-18 issued on May 3, 2019;
(2) the remaining funds appropriated under subsection (c)
after funds are awarded under paragraph (1) shall be used for
supporting national industry and equity intermediaries, and
local intermediaries; and
(3) funds awarded under this section shall be used for
creating or expanding opportunities in apprenticeship
programs, including opportunities in pre-apprenticeship
programs and youth apprenticeship programs, and activities
including--
(A) providing supportive services;
(B) using recruitment and retention strategies for program
participants with a priority for recruiting and retaining,
for programs, a high number or high percentage of individuals
with barriers to employment and individuals from populations
traditionally underrepresented in apprenticeship programs;
(C) expanding apprenticeship opportunities in high-skill,
high-wage, or in-demand industry sectors and occupations;
(D) paying for costs associated with related instruction,
or wages while participating in related instruction;
(E) improving educational alignment; and
(F) encouraging employer participation.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000,000 for
fiscal year 2021, to remain available through fiscal year
2023.
CHAPTER 5--ADULT EDUCATION AND LITERACY COVID-19 NATIONAL EMERGENCY
RESPONSE
SEC. 3151. DEFINITIONS.
In this chapter, the terms ``adult education'', ``adult
education and literacy activities'', ``eligible agency'',
``eligible provider'', and ``integrated education and
training'' have the meanings given the terms in section 203
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3272).
SEC. 3152. ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES.
During the COVID-19 national emergency, an eligible agency
may use funds available to such agency under paragraphs (2)
and (3) of section 222(a) of the Workforce Innovation and
Opportunity Act (20 U.S.C. 3302(a)), for the administrative
expenses of the eligible agency related to transitions to
online service delivery of adult education and literacy
activities.
SEC. 3153. DISTRIBUTION OF FUNDS.
(a) Reservation of Funds; Grants to Eligible Agencies.--
From the amounts appropriated under subsection (c), the
Secretary shall--
(1) reserve and use funds in accordance with section 211(a)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3291); and
(2) award grants to eligible agencies in accordance with
section 211(b) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3291), ensuring that not less than 10 percent
of the total funds awarded through those grants shall be used
to provide adult education and literacy activities in
correctional facilities.
(b) Uses of Funds.--Each eligible agency or eligible
provider shall use the funds received through subsection
(a)(2) to expand the capacity of adult education providers to
prioritize serving adults with low literacy or numeracy
levels negatively impacted by the economic consequences of
the COVID-19 national emergency, which may include--
(1) expanding the infrastructure needed for the provision
of services and educational resources online or through
digital means, including the provision of technology or
internet access to students and instructional staff to enable
virtual or distance learning;
[[Page S7728]]
(2) creating or expanding digital literacy curricula and
resources, including professional development activities to
aid instructional and program staff in providing online or
digital training to students; and
(3) equipping adult education providers to partner more
closely with partners in workforce development systems on
implementation strategies such as provision of integrated
education and training to prepare adult learners on an
accelerated timeline for high-skill, high-wage, or in-demand
industry sectors and occupations.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000,000
for fiscal year 2021, to remain available through fiscal year
2023.
CHAPTER 6--COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS
SEC. 3161. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
eligible institution or a consortium of such eligible
institutions, which may include a multistate consortium of
such eligible institutions.
(2) Eligible institution.--The term ``eligible
institution'' means a public institution of higher education
(as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) at which the highest degree that is
predominantly awarded to students is an associate degree,
including a 2-year Tribal College or University (as defined
in section 316 of the Higher Education Act (20 U.S.C.
1059c)).
(3) Perkins cte definitions.--The terms ``career and
technical education'', ``dual or concurrent enrollment
program'', and ``work-based learning'' have the meanings
given the in terms in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302).
(b) Grant Authority.--
(1) In general.--From the funds appropriated under
subsection (h) and not reserved under subsection (f), the
Secretary, in collaboration with the Secretary of Education
(acting through the Office of Career, Technical, and Adult
Education) shall award, on a competitive basis, grants,
contracts, or cooperative agreements, in accordance with
section 169(b)(5) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3224(b)(5)), to eligible entities to assist
such eligible entities in--
(A) establishing and scaling career training programs,
including career and technical education programs, and
industry and sector partnerships to inform such programs; and
(B) providing necessary student supports.
(2) Award amounts.--The total amount of funds awarded under
this section to an eligible entity shall not exceed--
(A) in the case of an eligible entity that is eligible
institution, $2,500,000; and
(B) in the case of an eligible entity that is a consortium,
$15,000,000.
(3) Award period.--A grant, contract, or cooperative
agreement awarded under this section shall be for a period of
not more than 4 years, except that the Secretary may extend
such a grant, contract, or agreement for an additional 2-year
period.
(4) Equitable distribution.--In awarding grants under this
section, the Secretary shall ensure, to the extent
practicable, the equitable distribution of grants, based on--
(A) geography (such as urban and rural distribution); and
(B) States and local areas significantly impacted by the
COVID-19 national emergency.
(c) Priority.--In awarding funds under this section, the
Secretary shall give priority to eligible entities that will
use such funds to serve individuals impacted by the COVID-19
national emergency, as demonstrated by providing an assurance
in the application submitted under subsection (d) that the
eligible entity will use such funds to--
(1) serve such individuals with barriers to employment,
veterans, spouses of members of the Armed Forces, Native
Americans, Alaska Natives, Native Hawaiians, or incumbent
workers who are low-skilled and who need to increase their
employability skills;
(2) serve such individuals from each major racial and
ethnic group or gender with lower than average educational
attainment in the State or employment in the in-demand
industry sector or occupation that such award will support;
or
(3) serve areas with high unemployment rates or high levels
of poverty, including rural areas.
(d) Application.--An eligible entity seeking an award of
funds under this section shall submit to the Secretary an
application containing a grant proposal at such time and in
such manner, and containing such information, as required by
the Secretary, including a detailed description of the
following:
(1) Each entity (and the roles and responsibilities of each
entity) with which the eligible entity will partner to carry
out activities under this section, including each of the
following:
(A) An industry or sector partnership representing a high-
skill, high-wage, or in-demand industry sector or occupation.
(B) A State higher education agency or a State workforce
agency.
(C) To the extent practicable--
(i) State or local workforce development systems;
(ii) economic development and other relevant State or local
agencies;
(iii) one or more community-based organizations;
(iv) one or more institutions of higher education that
primarily award 4-year degrees with which the eligible
institution has developed or will develop articulation
agreements for programs created or expanded using funds under
this section;
(v) one or more providers of adult education; and
(vi) one or more labor organizations or joint labor-
management partnerships.
(2) The programs that will be supported with such award,
including a description of--
(A) each program that will developed or expanded, and how
the program will be responsive to the high-skill, high-wage,
or in-demand industry sectors or occupations in the
geographic region served by the eligible entity under this
section, including--
(i) how the eligible entity will collaborate with employers
to ensure each such program will provide the skills and
competencies necessary to meet future employment demand; and
(ii) the quantitative data and evidence that demonstrates
the extent to which each such program will meet the needs of
employers in the geographic area served by the eligible
entity under this section;
(B) the recognized postsecondary credentials to be awarded
under each program described in subparagraph (A);
(C) how each such program will facilitate cooperation
between representatives of workers and employers in the local
areas to ensure a fair and engaging workplace that balances
the priorities and well-being of workers with the needs of
businesses;
(D) the extent to which each such program aligns with a
statewide or regional workforce development strategy,
including such strategies established under section 102(b)(1)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3112(b)(1)); and
(E) how the eligible entity will ensure the quality of each
such program, the career pathways within such programs, and
the jobs in the industry sectors or occupations to which the
program is aligned.
(3) The extent to which the eligible entity can leverage
additional resources, and demonstration of the future
sustainability of each such program.
(4) How each such program and activities carried out under
the grant will include evidence-based practices, including a
description of such practices.
(5) The student populations that will be served by the
eligible entity, including--
(A) an analysis of any barriers to employment or barriers
to postsecondary education that such populations face, and an
analysis of how the services to be provided by the eligible
entity under this section will address such barriers; and
(B) how the eligible entity will support such populations
to establish a work history, demonstrate success in the
workplace, and develop the skills and competencies that lead
to entry into and retention in unsubsidized employment.
(6) Assurances the eligible entity will participate in and
comply with third-party evaluations described in subsection
(f)(3).
(e) Use of Funds.--
(1) In general.--An eligible entity shall use a grant
awarded under this section to establish and scale career
training programs, including career and technical education
programs, and career pathways and supports for students
participating in such programs.
(2) Student support and emergency services.--Not less than
15 percent of the grant awarded to an eligible entity under
this section shall be used to carry out student support
services which may include the following:
(A) Supportive services, including child care,
transportation, mental health services, substance use
disorder prevention and treatment, assistance in obtaining
health insurance coverage, housing, and assistance in
accessing the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the special supplemental nutrition
program for women, infants, and children established by
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), and other benefits, as appropriate.
(B) Connecting students to State or Federal means-tested
benefits programs, including the means-tested Federal
benefits programs described in subparagraphs (A) through (F)
of section 479(d)(2) of the Higher Education Act of 1965 (20
U.S.C. 1087ss(d)(2)).
(C) The provision of direct financial assistance to help
students facing financial hardships that may impact
enrollment in or completion of a program assisted with such
funds.
(D) Navigation, coaching, mentorship, and case management
services, including providing information and outreach to
populations described in subsection (c) to take part in a
program supported with such funds.
(E) Providing access to necessary supplies, materials, or
technological devices, and required equipment, and other
supports necessary to participate in such programs.
(3) Additional required program activities.--The funds
awarded to an eligible entity under this section that remain
after carrying out paragraph (2) shall be used to--
(A) create, develop, or expand articulation agreements (as
defined in section 486A(a) of the Higher Education Act of
1965 (20 U.S.C. 1093a(a))), credit transfer agreements,
policies to award credit for prior learning, corequisite
remediation, dual or concurrent enrollment programs, career
pathways, and competency-based education;
[[Page S7729]]
(B) establish or expand industry or sector partnerships to
develop or expand academic programs and curricula;
(C) establish or expand work-based learning opportunities,
including apprenticeship programs or paid internships;
(D) establish or implement plans for programs supported
with funds under this section to be included on the eligible
training provider, as described under section 122(d) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d));
(E) award academic credit or provide for academic alignment
towards credit pathways for programs assisted with such
funds, including industry recognized credentials, competency-
based education, or work-based learning;
(F) make available open, searchable, and comparable
information on the recognized postsecondary credentials
awarded under such programs, including the related skills or
competencies, related employment, and earnings outcomes; or
(G) acquiring equipment necessary to support activities
permitted under this section.
(f) Secretarial Reservations.--Not more than 5 percent of
the funds appropriated for a fiscal year may be used by the
Secretary for--
(1) the administration of the program under this section,
including providing technical assistance to eligible
entities;
(2) targeted outreach to eligible institutions serving a
high number or high percentage of low-income populations, and
rural serving eligible institutions to provide guidance and
assistance in the grant application process under this
section; and
(3) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether each eligible entity carrying
out a program supported under this section has met the goals
of such program as described in the application submitted by
eligible entity, including through a national assessment of
all such programs at the conclusion of each 4-year grant
period.
(g) Reports and Dissemination.--
(1) Reports.--Each eligible entity receiving funds under
this section shall report to the Secretary annually on--
(A) a description of the programs supported with such
funds, including activities carried out directly by the
eligible entity and activities carried out by each partner of
the eligible entity described in subsection (d)(1);
(B) data on the population served with the funds and labor
market outcomes of populations served by the funds;
(C) resources leveraged by the eligible entity to support
activities under this section; and
(D) the performance of each such program with respect to
the indicators of performance under section 116(b)(2)(A)(i)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)).
(2) Dissemination.--Each eligible entity receiving funds
under this section shall--
(A) participate in activities regarding the dissemination
of related research, best practices, and technical
assistance; and
(B) to the extent practicable, and as determined by the
Secretary, make available to the public any materials created
under the grant.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000,000
for fiscal year 2021, to remain available through fiscal year
2025.
CHAPTER 7--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
SEC. 3171. APPROPRIATIONS.
There is appropriated to the Secretary, out of any money in
the Treasury not otherwise appropriated, $140,000,000 to
carry out title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.), for each of fiscal years 2021 through
2025.
CHAPTER 8--GENERAL PROVISIONS
SEC. 3176. GENERAL PROVISIONS.
(a) Supplement, Not Supplant.--Any Federal funds provided
under this subtitle shall be used only to supplement and not
supplant the funds that would, in the absence of such Federal
funds, be made available from State or local public funds for
adult education and literacy activities, employment and
training activities, or other activities carried out under
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101
et seq.).
(b) Evaluations.--Any activity or program carried out with
funds provided under this subtitle shall be subject to the
following:
(1) Measurement with performance accountability indicators
in accordance with section 116(b)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) or
as provided as follows:
(A) With respect to an activity or program carried out
under section 3131, the measurement with performance
accountability indicators shall be in accordance with section
116(b)(2)(A)(ii) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3141(b)(2)(A)(ii)).
(B) With respect to an activity or program carried out
under section 3143, the measurement with performance
accountability indicators shall be in accordance with section
116(b)(2)(A)(ii) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3141(b)(2)(A)(ii)).
(2) Rigorous evaluation using research approaches
appropriate to the level of development and maturity of the
activity or program, which evaluation may include random
assignment or quasi-experimental impact evaluations,
implementation evaluations, pre-experimental studies, and
feasibility studies, including studies of job quality
measures and credential transparency.
(c) Uses of Funds.--From the funds appropriated under
subsection (d), the Secretary of Labor shall--
(1) support the administration of the funds under this
subtitle and evaluation of activities and programs described
in subsection (b), including by providing guidance and
technical assistance to States and local areas;
(2) establish an interagency agreement with the Secretary
of Education for--
(A) coordination of funding priorities, with other relevant
Federal agencies, as applicable;
(B) dissemination and administration of grants and funding
under this subtitle; and
(C) execution of research and evaluation activities to
minimize the duplication of efforts and job training
investments;
(3) provide guidance to States and local areas on how to
make, and financial support to enable the States and local
areas to make, information on recognized postsecondary
credentials and related competencies being awarded for
activities carried out with funds under this subtitle
publicly available, searchable, and comparable as linked open
data;
(4) not later than 30 days after the date of enactment of
this Act, issue guidance for implementing this subtitle in
accordance with the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.); and
(5) provide not less than $1,000,000 for each fiscal year
for the Office of Inspector General of the Department of
Labor to oversee the administration and distribution of funds
under this subtitle.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $90,000,000 to carry out this section for
fiscal year 2021, to remain available through fiscal year
2025.
Subtitle B--Carl D. Perkins Career and Technical Education Act of 2006
SEC. 3201. DEFINITIONS AND PERKINS CTE REQUIREMENTS.
(a) Perkins CTE Definitions and Requirements.--Except as
otherwise provided, in this subtitle--
(1) the terms have the meanings given the terms in section
3 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302); and
(2) an allotment, allocation, or other provision of funds
made under this subtitle in accordance with a provision of
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.) shall be made in compliance
with the applicable requirements of such Act (20 U.S.C. 2301
et seq.).
(b) Other Definitions.--In this subtitle:
(1) Coronavirus.--The term ``coronavirus'' means
coronavirus as defined in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020 (Public Law 116-123).
(2) COVID-19 national emergency.--The term ``COVID-19
national emergency'' means the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) on March 13, 2020, with respect to the
coronavirus.
SEC. 3202. COVID-19 CAREER AND TECHNICAL EDUCATION RESPONSE
FLEXIBILITY.
(a) Pooling of Funds.--An eligible recipient may, in
accordance with section 135(c) of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2355(c)), pool
a portion of funds received under such Act with a portion of
funds received under such Act available to one or more
eligible recipients to support the transition from secondary
education to postsecondary education or employment for CTE
participants whose academic year was interrupted by the
COVID-19 national emergency.
(b) Professional Development.--During the COVID-19 national
emergency, section 3(40)(B) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302(40)(B)) shall
apply as if ``sustained (not stand-alone, 1-day, or short-
term workshops), intensive, collaborative, job-embedded,
data-driven, and classroom-focused,'' were struck.
SEC. 3203. PERKINS CAREER AND TECHNICAL EDUCATION.
(a) Distribution of Funds.--
(1) States.--From the amounts appropriated under subsection
(c), the Secretary shall make allotments to eligible agencies
in accordance with section 111(a)(3) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2321(a)(3)).
(2) Local areas.--
(A) In general.--Not later than 30 days after an eligible
agency receives an allotment under paragraph (1), the
eligible agency shall make available such funds in accordance
with section 112(a) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2322(a)),
including making such funds available for distribution to
eligible recipients in accordance with sections 131 and 132
of such Act.
(B) Reserved funds.--An eligible agency that reserves funds
in accordance with section 112(a)(1) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2322(a)) to be used in accordance with
[[Page S7730]]
section 112(c) of such Act, may also use such reserved funds
for digital, physical, or technology infrastructure related
projects to improve career and technical education offerings
within the State.
(b) Uses of Funds.--Each eligible agency and eligible
recipient shall use the funds received under this section to
carry out activities improving or expanding career and
technical education programs and programs of study to
adequately respond to State and local needs as a result of
the COVID-19 national emergency, including--
(1) expanding and modernizing digital, physical, or
technology infrastructure to deliver in-person, online,
virtual, and simulated educational and work-based learning
experiences;
(2) acquiring appropriate equipment, technology, supplies,
and instructional materials aligned with business and
industry needs, including machinery, testing equipment,
tools, hardware, software, and other new and emerging
instructional materials;
(3) providing incentives to employers and CTE participants
facing economic hardships due to the COVID-19 national
emergency to participate in work-based learning programs;
(4) expanding or adapting program offerings or supports
based on an updated comprehensive needs assessment to
systemically respond to employers' and CTE participants'
changing needs as a result of the COVID-19 national
emergency; or
(5) providing for professional development and training
activities for career and technical education teachers,
faculty, school leaders, administrators, specialized
instructional support personnel, career guidance and academic
counselors, and paraprofessionals to support activities
carried out under this section.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000,000
for fiscal year 2021, to remain available through fiscal year
2023.
SEC. 3204. GENERAL PROVISIONS.
(a) Supplement, Not Supplant.--Any Federal funds provided
under this subtitle shall be used only to supplement the
funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for career and
technical education programs or other activities carried out
under the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), and not to supplant such
funds.
(b) Evaluations.--Any activity or program carried out with
funds received under this subtitle shall be subject to--
(1) performance accountability indicators in accordance
with section 113 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323); and
(2) rigorous evaluation using research approaches
appropriate to the level of development and maturity of the
activity or program, including random assignment or quasi-
experimental impact evaluations, implementation evaluations,
pre-experimental studies, and feasibility studies, including
studying job quality measures and credential transparency.
(c) Uses of Funds.--From the funds appropriated under
subsection (d), the Secretary shall--
(1) support the administration of the funds for this
subtitle and evaluation of such activities described in
subsection (b);
(2) establish an interagency agreement with the Secretary
of Labor for--
(A) coordinating funding priorities, including with other
relevant Federal agencies, including the Department of Health
and Human Services;
(B) dissemination and administration of grants and funding
under this subtitle; and
(C) execution of research and evaluation activities to
minimize the duplication of efforts and job training
investments and facilitate greater blending and braiding of
Federal and non-Federal funds;
(3) not later than 30 days after the date of enactment of
this Act, issue guidance for implementing this subtitle in
accordance with the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.); and
(4) provide not less than $250,000 for each fiscal year for
the Office of Inspector General of the Department of
Education to oversee the administration and distribution of
funds under this subtitle.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2021, to remain available through fiscal year
2025.
Subtitle C--Pandemic TANF Assistance
SEC. 3301. EMERGENCY FLEXIBILITY FOR STATE AND TRIBAL TANF
PROGRAMS.
(a) Suspension of Requirements and Penalties Relating to
the Time Limit for Assistance, Work, and Certain Other
Requirements.--
(1) In general.--During the applicable period--
(A) sections 407(a), 407(e)(1), and 408(a)(7)(A) of the
Social Security Act (42 U.S.C. 607(a), 607(e)(1),
608(a)(7)(A)) shall have no force or effect;
(B) no penalty shall be imposed against an individual or
the individual's family with respect to section 407(e)(1) or
408(b)(3) of such Act (42 U.S.C. 607(e)(1), 608(b)(3));
(C) a State shall not deny, reduce, or terminate assistance
to a family because an individual does not comply with such
section 407(e)(1) or does not otherwise engage in work
required by the State;
(D) a State shall not deny, reduce, or terminate assistance
to an individual or the individual's family with respect to a
failure to cooperate with completing the assessment required
under section 408(b)(1) of such Act (42 U.S.C. 608(b)(1));
(E) a State may defer a required assessment of the
employability of an individual under section 408(b) of such
Act (42 U.S.C. 608(b)) to 90 days following the end of the
applicable period;
(F) no condition on assistance for an individual or the
individual's family shall be imposed in connection with
enforcing penalties described in section 409(a)(5) of such
Act (42 U.S.C. 609(a)(5));
(G) no penalty shall be imposed against an individual or
the individual's family with respect to section 408(a)(2) of
such Act (42 U.S.C. 608(a)(2)); and
(H) paragraphs (3), (5), (8), (9), (14), and (15) of
section 409(a) of such Act (42 U.S.C. 609(a)) shall not apply
with respect to any violation of a requirement described in
such a paragraph that occurs during or with respect to the
applicable period.
(2) Tribal programs.--During the applicable period--
(A) the minimum work participation requirements and time
limits established under section 412(c) of the Social
Security Act (42 U.S.C. 612(c)) shall have no force or
effect;
(B) no penalty shall be imposed against an individual or
the individual's family with respect to a violation of such
requirements or limits;
(C) no condition on assistance for an individual or the
individual's family shall be imposed in connection with
enforcing penalties described in section 409(a)(5) of such
Act (42 U.S.C. 609(a)(5)); and
(D) the penalties established under such section 412(c)
shall not apply with respect to conduct engaged in during or
with respect to the applicable period.
(b) Application to Program Enforcement Provisions.--
(1) Waiver of certain penalties.--The Secretary shall not
impose a penalty against a State or Indian tribe under
paragraph (3), (5), (8), (9), (14), or (15) of section 409(a)
of such Act (42 U.S.C. 609(a)) with respect to any violation
of a requirement described in such a paragraph that occurs
during or with respect to the applicable period.
(2) Corrective compliance plans.--If a State or Indian
tribe has a corrective compliance plan in effect during or
with respect to the applicable period that involves a
violation for which a penalty specified in paragraph (1)
would be imposed, the Secretary shall--
(A) disregard the months occurring during the applicable
period (and any portion of such months) for purposes of
determining whether the State or Indian tribe has not, in a
timely manner, corrected or discontinued, as appropriate, the
violation pursuant to the corrective compliance plan accepted
by the Secretary; and
(B) consult with the State or Indian tribe on modifications
to the corrective compliance plan for how the State will
correct or discontinue, as appropriate, the violation and how
the State will ensure compliance with the requirements of
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.) after the applicable period ends.
(c) Penalty for Noncompliance.--
(1) In general.--Subject to the succeeding provisions of
this subsection, if the Secretary finds that during or with
respect to the period that begins on the date of enactment of
this section and ends on the date specified in section 106(3)
of division A of the Continuing Appropriations Act, 2021, and
Other Extensions Act, a State or an Indian tribe has imposed
a penalty waived under subsection (a), including denying,
reducing, terminating, or conditioning assistance under a
program funded under part A of title IV of the Social
Security Act or any program funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i) of such
Act (42 U.S.C. 609(a)(7)(B)(i)), the Secretary shall reduce
the grant payable to the State under section 403(a)(1) of
such Act (42 U.S.C. 603(a)(1)) or the grant payable to the
tribe under section 412(a)(1) of such Act (42 U.S.C.
612(a)(1)) for fiscal year 2021 by an amount equal to 5
percent of the State or tribal family assistance grant (as
applicable).
(2) Penalty based on severity of failure.--The Secretary
shall impose reductions under paragraph (1) with respect to
fiscal year 2021 based on the degree of noncompliance.
(3) Application of aggregate penalty limit.--For purposes
of section 409(d) of the Social Security Act (42 U.S.C.
609(d)), paragraph (1) of this subsection shall be considered
to be included in section 409(a) of such Act.
(d) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period that begins on October 1, 2019, and ends on
the date specified in section 106(3) of division A of the
Continuing Appropriations Act, 2021, and Other Extensions
Act.
(2) Other terms.--Each other term has the meaning given the
term for purposes of part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
SEC. 3302. CORONAVIRUS EMERGENCY ASSISTANCE GRANTS FOR LOW-
INCOME FAMILIES.
Title VI of the Social Security Act (42 U.S.C. 801 et seq.)
is amended by adding at the end the following:
[[Page S7731]]
``SEC. 602. CORONAVIRUS EMERGENCY ASSISTANCE GRANTS FOR LOW-
INCOME FAMILIES.
``(a) In General.--Subject to the succeeding provisions of
this section, each emergency grant State shall be entitled to
receive from the Secretary a grant pursuant to this section
for fiscal year 2021 in the amount determined for the State
under subsection (b).
``(b) Amount of Grants.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
the amount of the grant for an emergency grant State for the
period described in subsection (a) shall be the amount equal
to the product of--
``(A) the amount appropriated in paragraph (1) of
subsection (h) that remains after the application of
paragraph (2) of that subsection; and
``(B) the quotient of--
``(i) the number of individuals in families with income
below the poverty line in the State in the most recent year
for which data are available from the Bureau of the Census;
and
``(ii) the number of individuals in families with income
below the poverty line in all States (other than States
specified in subsection (h)(2)(A)) in such year.
``(2) Other states.--The amount of the grant for an
emergency grant State specified in subsection (h)(2)(A) shall
be based on such poverty data as the Secretary determines
appropriate.
``(3) Redistribution of unused funds.--The Secretary shall
redistribute, under a procedure and methodology the Secretary
determines appropriate, funds available for payments to
emergency grant States under this section for which, as of
July 30, 2021, States have not applied to be paid to other
emergency grant States that apply for payment from such
funds.
``(4) Inclusion of families of 1.--For purposes of
paragraphs (1), (2), and (3), in determining the number of
individuals in families with income below the poverty line in
a State, the Secretary shall take household composition into
account and shall treat a single individual as a family of 1,
without regard to whether the household of the individual is
composed of more than 1 family.
``(c) Use of Funds.--
``(1) In general.--An emergency grant State receiving a
grant under this section shall only use the grant funds for
the following:
``(A) To provide short-term cash, non-cash, or in-kind
emergency disaster relief (as appropriate) to--
``(i) help eligible families address and avoid emergencies
with respect to basic needs;
``(ii) prevent or remedy household emergencies of eligible
families, such as evictions, foreclosures, forfeitures, and
terminations of utility services; and
``(iii) help eligible families address and avoid
emergencies so that children may be cared for in their own
homes or in the homes of relatives.
``(B) To ensure the safety and well-being of all
individuals during the period of a Federal or State emergency
declaration concerning Coronavirus Disease 2019 (COVID-19),
by providing subsidized jobs for individuals who are members
of eligible families that can be performed remotely or are
deemed essential (with individuals provided proper personal
protective equipment and complying with Federal and State
social distancing guidelines).
``(C) To provide subsidized employment for individuals who
are members of eligible families after the period of a
Federal or State emergency declaration concerning Coronavirus
Disease 2019 (COVID-19) ends (when safe to do so, taking into
account the need to prevent the spread or reoccurrence of
coronavirus).
``(2) Nondisplacement.--An emergency grant State receiving
a grant under this section shall not use the grant funds to--
``(A) displace or replace an employee, position, or
volunteer, or to partially displace or replace an employee,
position or volunteer, such as through a reduction in hours,
wages, or employment benefits;
``(B) displace or replace an employee participating in a
strike, collective bargaining or union activities, or union
organizing; or
``(C) displace or replace an employee who was furloughed or
unable to work due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19) (including
due to illness, measures taken to avoid infection, or needing
to provide care for another individual).
``(3) Nondiscrimination.--An emergency grant State
receiving a grant under this section shall not employ any
policies or practices that have the effect of making any
eligible family less likely to receive assistance by reason
of race, sex, religious creed, national origin, or political
affiliation.
``(4) Protecting other benefits.--For purposes of any
Federal, State, or local law, including those for purposes of
public assistance programs and taxation, any benefit provided
under paragraph (1)(A) for an eligible family shall be
treated as short-term, non-cash, in-kind emergency disaster
relief without regard to the form in which the benefit is
provided and shall be disregarded from income.
``(d) State Letter of Intent.--
``(1) In general.--In order to receive a payment for a
fiscal year quarter from the grant determined for an
emergency grant State under this section, a State shall
submit a letter of intent to the Secretary, not later than 30
days before the first day of each such quarter (or, in the
case of a quarter that has started or will start within 30
days of the date of enactment of this section, a State shall
submit a letter of intent to the Secretary not later than 15
days after such date of enactment in order to receive an
emergency grant for that quarter) that--
``(A) specifies the amount of funds requested by the State
for a quarter;
``(B) describes how the State will use the funds to assist
eligible families during the quarter; and
``(C) describes how funds provided will not supplant any
existing expenditures or programs funded or administered by
the State.
``(2) Public availability.--The State shall make the letter
of intent submitted by the State under this subsection
available to the public.
``(3) No delay of payments; hold harmless.--
``(A) In general.--The Secretary shall make payments by the
applicable deadline under subsection (f)(2) to each State
that submits a letter of intent for a quarter by the
applicable deadline under paragraph (1), without regard to
whether the Secretary has issued the guidance required under
subsection (f)(1).
``(B) Hold harmless.--A State that uses funds paid to the
State for any quarter occurring prior to the issuance of the
guidance required under subsection (f)(1) consistent with the
letter of intent submitted by the State for the quarter and
the State's good faith interpretation of the requirements of
this section, shall not be penalized under subsection (f)(3)
or in any other manner if, after such guidance is issued, the
Secretary determines the State did not use the funds
consistent with such guidance.
``(e) Reports.--
``(1) State reports.-- Not later than January 1, 2022, each
emergency grant State shall submit a report to the Secretary
on how the State used the grant funds received by the State
in such form and manner, and containing such information, as
the Secretary shall require.
``(2) Report to congress.--Not later than September 30,
2022, the Secretary shall submit a report to Congress on the
grants made under this section based on the reports submitted
under paragraph (1).
``(f) Miscellaneous.--
``(1) Expedited implementation.--The Secretary shall
implement this section as quickly as reasonably possible,
pursuant to the issuance of appropriate guidance to States.
``(2) Timely distribution of grants.--
``(A) Initial payments.--Not later than 30 days after the
date of enactment of this section, the Secretary shall pay
each State that is an emergency grant State as of such date,
the grant payable to such State for the 1st quarter of fiscal
year 2021.
``(B) Subsequent payments.--The Secretary shall continue to
make payments not later than the first day of each quarter to
emergency grant States under this section for the 2d, 3rd,
and 4th quarters of fiscal year 2021.
``(3) Misuse of funds.--
``(A) In general.--If the Secretary determines that an
emergency grant State has used grant funds received by the
State in violation of the requirements of this section, the
State shall remit to the Secretary an amount equal to the
amount so used.
``(B) Application of appeal procedures.--Section 410 shall
apply to a determination by the Secretary under subparagraph
(A) in the same manner as such section applies to an
imposition of a penalty under section 409.
``(g) Definitions.--In this section:
``(1) Eligible families.--The term `eligible family' means
a family (including a family of one)--
``(A) whose monthly income, as of the date on which the
family applies for emergency disaster relief or subsidized
employment, does not exceed 200 percent of the poverty line
applicable to a family of the size involved (as determined
under section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)); and
``(B) that has been adversely affected by the public health
emergency with respect to the Coronavirus Disease 2019
(COVID-19) (including due to illness, economic disruption,
measures taken to avoid infection, or needing to provide care
for another individual).
``(2) Emergency grant state.--The term `emergency grant
State' means a State that submits a letter of intent
containing the information specified in subsection (d)(1) to
the Secretary with respect to a fiscal year quarter by the
submission deadline for such quarter.
``(3) State.--The term `State' has the meaning given that
term in section 419(5) and includes the Commonwealth of the
Northern Mariana Islands and Indian tribes as defined in
section 419(4).
``(h) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated for fiscal year 2021, $10,000,000,000 for grants
under this section, to remain available until expended.
``(2) Reservation of funds.--
``(A) Certain territories.--The Secretary shall reserve 5
percent of the amount appropriated under paragraph (1) for
grants to Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
and Indian tribes (as defined in section 419(4)).
``(B) Technical assistance.--The Secretary shall reserve
$500,000 of the amount appropriated under paragraph (1) to
provide
[[Page S7732]]
technical assistance to States and Indian tribes with respect
to the emergency grants made under this section.''.
Subtitle D--Preventing Child Abuse and Neglect
SEC. 3401. CAPTA INVESTMENTS.
(a) Appropriations.--
(1) In general.--There is appropriated to the Secretary of
Health and Human Services (referred to in this section as the
``Secretary''), out of amounts in the Treasury not otherwise
appropriated, $500,000,000 for fiscal year 2021, for the
purpose of providing additional funding for the State grant
program under section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a).
(2) Allotments.--The Secretary shall make allotments out of
the amounts appropriated under paragraph (1) to each State
and territory receiving an allotment under section 106(f) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(f)) for fiscal year 2020, in the same manner that
amounts appropriated under section 112 of such Act (42 U.S.C.
5106f)) are allotted to States in accordance with section
106(f)(2) of such Act.
(3) Children, families, and child welfare workers' health
and safety.--The Secretary shall allow each State to use
amounts appropriated under paragraph (1) and allocated under
paragraph (2) to cover costs that the State determines
necessary to support child welfare workers in preventing,
investigating, and treating child abuse and neglect in
response to a qualifying emergency, including for the
purchase of personal protective equipment and sanitation
supplies, consistent with section 106 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a).
(b) Child Abuse Prevention Appropriation.--
(1) In general.--There is appropriated to the Secretary,
out of amounts in the Treasury not otherwise appropriated,
$1,000,000,000 for fiscal year 2020, for the purpose of
providing additional funding for the community-based grants
for the prevention of child abuse and neglect under title II
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5116 et seq.).
(2) Allotments.--The Secretary shall make allotments out of
the amounts appropriated under paragraph (1) to each State
receiving an allotment under section 203 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116b) for fiscal
year 2020, in the same manner that amounts appropriated under
section 209 of such Act (42 U.S.C. 5116i) are allotted to
States in accordance with section 203 of such Act, except
that, in allotting amounts under this subsection--
(A) in subsection (a) of such section 203, ``1 percent''
shall be deemed to be ``5 percent'';
(B) in subsection (b)(1)(A) of such section 203, ``70
percent'' shall be deemed to be ``100 percent''; and
(C) subsections (b)(1)(B) and (c) of such section 203 shall
not apply.
(3) Community-based programs and activities health and
safety.--The Secretary shall allow each State lead entity to
use amounts appropriated under paragraph (1) and allocated to
the State under paragraph (2) to cover costs that the lead
entity determines necessary to maintain the operation of
community-based and prevention-focused programs and
activities in the State in response to a qualifying
emergency, including for the purchase of personal protective
equipment and sanitation supplies, consistent with title II
of Child Abuse Prevention and Treatment Act (42 U.S.C. 5116
et seq.).
(4) No state matching requirement.--Notwithstanding section
204(4) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d(4)), a State shall not be required to provide
any additional funding for the program under title II of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et
seq.) as a condition for receiving an allocation under
paragraph (2).
(c) In General.--Any amount appropriated or made available
under this section is in addition to other amounts
appropriated or made available for the applicable purpose,
and shall remain available until expended.
Subtitle E--Modernizing Child Support
SEC. 3501. SHORT TITLE; DEFINITION.
(a) Short Title.--This subtitle may be cited as the
``Strengthening Families for Success Act of 2020''.
(b) Secretary Defined.--In this subtitle, the term
``Secretary'' means the Secretary of Health and Human
Services.
CHAPTER 1--PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING LOW-
INCOME FAMILIES
SEC. 3511. REAUTHORIZATION OF HEALTHY MARRIAGE PROMOTION AND
RESPONSIBLE FATHERHOOD GRANTS.
(a) Voluntary Participation.--
(1) Assurance.--Section 403(a)(2)(A)(ii)(II) of the Social
Security Act (42 U.S.C. 603(a)(2)(A)(ii)(II)) is amended--
(A) in item (aa), by striking ``and'' after the semicolon;
(B) in item (bb), by striking the period and inserting a
semicolon; and
(C) by adding at the end the following:
``(cc) if the entity is a State or an Indian tribe or
tribal organization, to not condition the receipt of
assistance under the program funded under this part, under a
program funded with qualified State expenditures (as defined
in section 409(a)(7)(B)(i)), or under a program funded under
part B or E of this title, on enrollment or participation in
any such programs; and
``(dd) to permit any participant in a program or activity
funded under this paragraph, including an individual whose
participation is specified in the individual responsibility
plan developed for the individual in accordance with section
408(b), to transfer to another such program or activity upon
notification to the entity and the State agency responsible
for administering the State program funded under this
part.''.
(2) Prohibition.--Section 408(a) of such Act (42 U.S.C.
608(a)) is amended by adding at the end the following:
``(13) Ban on conditioning receipt of tanf or certain other
benefits on participation in a healthy marriage or
responsible fatherhood program.--A State to which a grant is
made under section 403 shall not condition the receipt of
assistance under the State program funded under this part,
under a program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)), or under a program
funded under part B or E of this title, on participation in a
healthy marriage promotion activity (as defined in section
403(a)(2)(A)(iii)) or in an activity promoting responsible
fatherhood (as defined in section 403(a)(2)(C)(ii)).''.
(3) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a))
is amended by adding at the end the following:
``(17) Penalty for conditioning receipt of tanf or certain
other benefits on participation in a healthy marriage or
responsible fatherhood program.--If the Secretary determines
that a State has violated section 408(a)(13) during a fiscal
year, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding
fiscal year by an amount equal to 5 percent of the State
family assistance grant.''.
(b) Alignment of Entities Eligible for Grants and Technical
Assistance.--Section 403(a)(2) of such Act (42 U.S.C.
603(a)(2)) is further amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``territories,'' after
``States,''; and
(B) by adding at the end the following:
``(iv) Eligible entities.--States, territories, Indian
tribes and tribal organizations, public or private entities,
and nonprofit community entities, including religious
organizations, are eligible to be awarded funds made
available under this paragraph for the purpose of carrying
out healthy marriage promotion activities, for the purpose of
carrying out activities promoting responsible fatherhood, or
for both such purposes.
``(v) Territory defined.--For purposes of awarding funds
under this paragraph, the term `territory' means the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.''; and
(2) in subparagraph (C)(i), by striking ``and public'' and
inserting ``public or private entities,''.
(c) Territory and Tribal Set-aside; Elimination of
Preference Provision.--Section 403(a)(2)(E) of such Act (42
U.S.C. 603(a)(2)(E)) is amended to read as follows:
``(E) Funding for territories and indian tribes and tribal
organizations.--
``(i) In general.--Of the amounts made available under
subparagraph (D) for a fiscal year, not less than 10 of the
awards made by the Secretary of such funds for fiscal year
2021 or any fiscal year thereafter for the purpose of
carrying out healthy marriage promotion activities,
activities promoting responsible fatherhood, or both,
(excluding any award under subparagraph (B)(i) for any fiscal
year), shall be made to a territory or an Indian tribe or
tribal organization.
``(ii) Clarification of eligibility of tribal
consortiums.--A tribal consortium of Indian tribes or tribal
organizations may be awarded funds under this paragraph for
the purpose of carrying out healthy marriage promotion
activities, activities promoting responsible fatherhood, or
both.''.
(d) Activities Promoting Responsible Fatherhood.--Section
403(a)(2)(C)(ii) of such Act (42 U.S.C. 603(a)(2)(C)(ii)) is
amended--
(1) in subclause (I), by striking ``marriage or sustain
marriage'' and inserting ``healthy relationships and
marriages or to sustain healthy relationships or marriages'';
(2) in subclause (II), by inserting ``educating youth who
are not yet parents about the economic, social, and family
consequences of early parenting, helping participants in
fatherhood programs work with their own children to break the
cycle of early parenthood,'' after ``child support
payments,''; and
(3) in subclause (III)--
(A) by striking ``fathers'' and inserting ``parents (with
priority for low-income noncustodial parents)''; and
(B) by inserting ``employment training for both parents and
for other family members,'' after ``referrals to local
employment training initiatives,''.
(e) Ensuring Healthy Marriage Promotion and Responsible
Fatherhood Activities Can Be Offered During Public Health
Emergencies.--
(1) In general.--Section 403(a)(2)(A)(ii)(I) of such Act
(42 U.S.C. 603(a)(2)(A)(ii)(I)) is amended--
(A) in each of items (aa) and (bb), by striking ``and''
after the semicolon; and
(B) by adding at the end the following:
``(cc) how, and the extent to which, funds awarded will be
used by the entity for technology and access to broadband in
order to
[[Page S7733]]
carry out healthy marriage promotion activities, activities
promoting responsible fatherhood, or both, remotely during a
public health emergency; and
``(dd) how the entity will sustain continuity of critical
services, specifying the scope of the critical services to be
maintained, and the ability of the entity to be able to
resume providing such services within 3 weeks of the
beginning of a public health emergency or other incident that
compromises the ability of the entity to deliver such
services in-person, by telephone, or virtually; and''.
(2) Public health emergency defined.--Section 403(a)(2)(A)
of such Act (42 U.S.C. 603(a)(2)(A)) is further amended--
(A) by redesignating clauses (iv) and (v) (as added by
subsection (b)(1)) as clauses (v) and (vi), respectively; and
(B) by inserting after clause (iii) the following:
``(iv) Public health emergency defined.--In clause (ii),
the term `public health emergency' means--
``(I) a national or public health emergency declared by the
President or the Secretary, including--
``(aa) a major disaster relating to public health declared
by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170);
``(bb) an emergency relating to public health declared by
the President under section 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5191); or
``(cc) a public health emergency declared by the Secretary
under section 319 of the Public Health Service Act (42 U.S.C.
247d); or
``(II) an emergency relating to public health that has been
declared by a Governor or other appropriate official of any
State, the District of Columbia, or commonwealth, territory,
or locality of the United States.''.
(f) Measuring Outcomes for Eligible Families.--Section
403(a)(2) of such Act (42 U.S.C. 603(a)(2)), as amended by
the preceding subsections of this section, is further
amended--
(1) in subparagraph (A)--
(A) in clause (ii)--
(i) in subclause (I)(dd), by striking ``and'' after the
semicolon;
(ii) in subclause (II)--
(I) in item (cc), by striking ``and'' after the semicolon;
(II) in item (dd), by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following:
``(ee) to submit the report required under clause (vi);
and''; and
(iii) by adding at the end the following:
``(III) provides, subject to the approval of the Secretary,
for evaluations of the activities carried out using each
grant made under this paragraph that satisfy the requirements
of subparagraph (F).''; and
(B) by adding at the end the following:
``(vii) Requirements relating to outcomes for measuring
improvements.--
``(I) Report on improvements after 3 years.--Not later than
30 days after the end of the 3rd year in which an eligible
entity conducts programs or activities with funds made
available under this paragraph, the entity shall submit a
report to the Secretary demonstrating the extent to which the
programs and activities carried out with such funds made
quantifiable, measurable improvements in the areas identified
in the entity's application in accordance with clause
(ii)(III).
``(II) Technical assistance.--The Secretary shall provide
technical assistance to help the eligible entity develop and
implement ways to evaluate and improve outcomes for eligible
families. The Secretary may provide the technical assistance
directly or through grants, contracts, or cooperative
agreements.
``(III) Advisory panel.--The Secretary shall establish an
advisory panel for purposes of obtaining recommendations
regarding the technical assistance provided to entities in
accordance with subclause (II).
``(IV) Final report.--Not later than December 31 of the
first calendar year that begins after October 1 of the 5th
consecutive fiscal year for which an eligible entity conducts
programs or activities with funds made available under this
paragraph, and every 5th such fiscal year thereafter
(beginning with funds awarded for fiscal year 2021), the
eligible entity shall submit a report to the Secretary
demonstrating the extent to which the programs and activities
carried out with such funds made quantifiable, measurable
improvements in the areas identified in the entity's
application for funding for such 5 fiscal years.
``(V) Report to congress.--Not later than March 31, 2026,
and annually thereafter, the Secretary shall submit a report
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate on
the programs and activities carried out with funds made
available under this paragraph based on the most recent final
reports submitted under subclause (IV). Each report submitted
under this subclause shall identify the programs and
activities carried out with funds made available under this
paragraph which made quantifiable, measurable improvements
and in which outcome areas.''; and
(2) by adding at the end the following new subparagraph:
``(F) Evaluation requirements.--
``(i) In general.--For purposes of subparagraph
(A)(ii)(III), an evaluation satisfies the requirements of
this subparagraph if--
``(I) the evaluation is designed to--
``(aa) build evidence of the effectiveness of the
activities carried out using each grant made under this
paragraph;
``(bb) determine the lessons learned (including barriers to
success) from such activities; and
``(cc) to the extent practicable, help build local
evaluation capacity, including the capacity to use evaluation
data to inform continuous program improvement; and
``(II) the evaluation includes research designs that
encourage innovation and reflect the nature of the activities
undertaken, successful implementation efforts, and the needs
of the communities, without prioritizing efficacy research
over effectiveness research.
``(ii) Randomized controlled trials.--An evaluation
conducted in accordance with subparagraph (A)(ii)(III) and
this subparagraph may, but shall not be required to, include
a randomized controlled trial.
``(iii) Outcomes.--Outcomes of interest for an evaluation
conducted in accordance with subparagraph (A)(ii)(III) and
this subparagraph shall include, but are not limited to, the
following:
``(I) Relationship quality between custodial and non-
custodial parents.
``(II) Family economic wellbeing, including receipt of
public benefits and access to employment services and
education.
``(III) Payment of child support by non-custodial parents,
non-financial contributions, and involvement in child-related
activities.
``(IV) Parenting skills or parenting quality.
``(V) Health and mental health outcomes of parents.
``(VI) Quality and frequency of contact between children
and non-custodial parents.
``(VII) Reduction in crime or domestic violence.
``(VIII) Prevention of child injuries, child abuse,
neglect, or maltreatment, and reduction of emergency
department visits.
``(IX) Coordination and referrals for other community
resources and supports.''.
(g) Authority for Substitution Grantees.--Section
403(a)(2)(A) of such Act (42 U.S.C. 603(a)(2)(A)), as amended
by subsections (b)(1), (e)(2), and (f)(2), is further
amended--
(1) in clause (ii), in the matter preceding subclause (I),
by striking ``The Secretary'' and inserting ``Except as
provided in clause (viii), the Secretary''; and
(2) by adding at the end the following:
``(viii) Authority for substitute entities.--If, after
being awarded funds under this paragraph for a fiscal year
for the purpose of carrying out healthy marriage promotion
activities, activities promoting responsible fatherhood, or
both, an entity becomes unable to continue to carry out such
activities for the duration of the award period, the
Secretary may select another entity to carry out such
activities with the funds from the initial award that remain
available for obligation, for the remainder of the initial
award period. The Secretary shall make any such selection
from among applications submitted by other entities for
funding to carry out the same activities as the activities
for which the initial award was made, and may base the
criteria for making such a selection on the objectives
specified in the announcement of the opportunity to apply for
the initial award funds.''.
(h) Reauthorization.--Section 403(a)(2)(D) of such Act (42
U.S.C. 603(a)(2)(D)) is amended to read as follows:
``(D) Appropriation.--
``(i) In general.--Subject to clauses (ii) and (iii), out
of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated for each of
fiscal years 2021 through and 2025 for expenditure in
accordance with this paragraph--
``(I) $75,000,000 for awarding funds for the purpose of
carrying out healthy marriage promotion activities; and
``(II) $75,000,000 for awarding funds for the purpose of
carrying out activities promoting responsible fatherhood.
``(ii) Demonstration projects for coordination of provision
of child welfare and tanf services to tribal families at risk
of child abuse or neglect.--If the Secretary makes an award
under subparagraph (B)(i) for any fiscal year, the funds for
such award shall be taken in equal portion from the amounts
appropriated under subclauses (I) and (II) of clause (i).
``(iii) Research; technical assistance.--The Secretary may
use 0.5 percent of the amounts appropriated under each of
subclauses (I) and (II) of clause (i), respectively, for the
purpose of conducting and supporting research and
demonstration projects by public or private entities, and
providing technical assistance to States, Indian tribes and
tribal organizations, and such other entities as the
Secretary may specify that are receiving a grant under
another provision of this part.''.
CHAPTER 2--IMPROVING RESOURCES FOR DOMESTIC VIOLENCE AND FAMILY
STRENGTHENING
SEC. 3521. BEST PRACTICES FOR COORDINATION OF POLICY TO
ADDRESS DOMESTIC VIOLENCE AND FAMILY
ENGAGEMENT.
The Secretary shall develop a coordinated policy to address
domestic violence and family strengthening that--
[[Page S7734]]
(1) establishes criteria and best practices for
coordination and partnership between domestic violence
shelter and service organizations and responsible fatherhood
and healthy marriage promotion programs;
(2) not later than 120 days after the date of enactment of
this Act, issue guidance containing such criteria and best
practices; and
(3) update and reissue such criteria and best practices at
least once every 5 years.
SEC. 3522. GRANTS SUPPORTING HEALTHY FAMILY PARTNERSHIPS FOR
DOMESTIC VIOLENCE INTERVENTION AND PREVENTION.
Section 403(a) of the Social Security Act (42 U.S.C.
603(a)) is amended by adding at the end the following new
paragraph:
``(6) Grants supporting healthy family partnerships for
domestic violence intervention and prevention.--
``(A) In general.--The Secretary shall award grants on a
competitive basis to healthy family partnerships to build
capacity for, and facilitate such partnerships.
``(B) Use of funds.--Funds made available under a grant
awarded under this paragraph may be used for staff training,
the provision of domestic violence intervention and
prevention services, and the dissemination of best practices
for--
``(i) assessing and providing services to individuals and
families affected by domestic violence, including through
caseworker training, the provision of technical assistance to
other community partners, the implementation of safe
visitation and exchange programs, and the implementation of
safe child support procedures; or
``(ii) preventing domestic violence, particularly as a
barrier to economic security, and fostering healthy
relationships.
``(C) Application.--The respective entity and organization
of a healthy family partnership entered into for purposes of
receiving a grant under this paragraph shall submit a joint
application to the Secretary, at such time and in such manner
as the Secretary shall specify, containing--
``(i) a description of how the partnership intends to carry
out the activities described in subparagraph (B), including a
detailed plan for how the entity and organization comprising
the partnership will collaborate;
``(ii) an assurance that funds made available under the
grant shall be used to supplement, and not supplant, other
funds used by the entity or organization to carry out
programs, activities, or services described in subparagraph
(B); and
``(iii) such other information as the Secretary may
require.
``(D) General rules governing use of funds.--Neither the
rules of section 404 (other than subsection (b) of that
section), nor section 417 shall apply to a grant made under
this paragraph.
``(E) Definitions.--In this paragraph:
``(i) Domestic violence.--The term `domestic violence'
means violence between intimate partners, which involves any
form of physical violence, sexual violence, stalking, or
psychological aggression, by a current or former intimate
partner.
``(ii) Healthy family partnership.--The term `healthy
family partnership' means a partnership between--
``(I) an entity receiving funds under--
``(aa) a grant made under paragraph (2) to promote healthy
marriage or responsible fatherhood; or
``(bb) the pilot program established under section 469C;
and
``(II) a domestic violence shelter and service
organization.
``(F) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for each of fiscal years 2022 through 2025,
$25,000,000 to carry out this paragraph.''.
SEC. 3523. PROCEDURES TO ADDRESS DOMESTIC VIOLENCE.
(a) In General.--Section 403(a)(2) of the Social Security
Act (42 U.S.C. 603(a)(2)), as amended by subsections (c) and
(h) of section 3511, is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (C) the following:
``(D) Requirements for receipt of funds.--An entity may not
be awarded a grant under this paragraph unless the entity, as
a condition of receiving funds under such a grant--
``(i) agrees to coordinate with the State domestic violence
coalition (as defined in section 302(11) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(11));
``(ii) identifies in its application for the grant the
domestic violence shelter and service organization at the
local, State, or national level with whom the entity will
partner with respect to the development and implementation of
the programs and activities of the entity;
``(iii) describes in such application how the programs or
activities proposed in the application will address, as
appropriate, issues of domestic violence, and contains a
commitment by the entity to consult with experts in domestic
violence or relevant domestic violence shelter and service
organizations in the community in developing the programs and
activities;
``(iv) describes in such application the roles and
responsibilities of the entity and the domestic violence
shelter and service organization, including with respect to
training, cross-trainings for each entity, development of
protocols using comprehensive and evidence-based practices
and tools, and reporting, and the resources that each partner
will be responsible for bringing to the program;
``(v) on award of the grant, and in consultation with the
domestic violence shelter and service organization, develops
and submits to the Secretary for approval, a written protocol
using comprehensive and evidence-based practices and tools
which describes--
``(I) how the entity will identify instances or risks of
domestic violence among participants in the program and their
families;
``(II) the procedures for responding to such instances or
risks, including making service referrals, assisting with
safety planning, and providing protections and other
appropriate assistance for identified individuals and
families;
``(III) how confidentiality issues will be addressed; and
``(IV) the training on domestic violence that will be
provided to ensure effective and consistent implementation of
the protocol;
``(vi) describes the entity's plan to build the capacity of
program staff and other partners to address and communicate
with parents about domestic violence;
``(vii) provides an assurance that the program staff will
include a domestic violence coordinator to serve as the lead
staff person on domestic violence for the entity (which may
be funded with funds made available under the grant); and
``(viii) in an annual report to the Secretary, includes a
description of the domestic violence protocols, and a
description of any implementation issues identified with
respect to domestic violence and how the issues were
addressed.
``(E) Domestic violence defined.--In this paragraph, the
term `domestic violence' means violence between intimate
partners, which involves any form of physical violence,
sexual violence, stalking, or psychological aggression, by a
current or former intimate partner.''.
(b) Conforming Amendments.--Section 403(a)(2) of such Act
(42 U.S.C. 603(a)(2)), is further amended--
(1) in subparagraph (A)(i)--
(A) by striking ``and (E)'' and inserting ``(D), and (G)'';
and
(B) by striking ``(D)'' and inserting ``(F)''; and
(2) in subparagraphs (B)(i) and (C)(i), by striking ``(D)''
each place it appears and inserting ``(F)''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2021.
CHAPTER 3--MODERNIZATION OF CHILD SUPPORT ENFORCEMENT
SEC. 3531. PILOT PROGRAM TO STAY AUTOMATIC CHILD SUPPORT
ENFORCEMENT AGAINST NON-CUSTODIAL PARENTS
PARTICIPATING IN A HEALTHY MARRIAGE OR
RESPONSIBLE FATHERHOOD PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to test whether the impact of staying automatic child
support enforcement and cost recovery efforts improves family
outcomes in cases under the State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) while a non-custodial parent participates in a healthy
marriage or responsible fatherhood program carried out under
section 403(a)(2) of the Social Security Act (42 U.S.C.
603(a)(2)), under a program funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i) of such
Act (42 U.S.C. 609(a)(7)(B)(i))), or under any other program
funded with non-Federal funds. While a child's non-custodial
parent is participating in a healthy marriage or responsible
fatherhood program that is part of the pilot program
established under this section, an eligible entity
participating in the pilot program--
(A) shall not apply paragraph (3) of section 408(a) of the
Social Security Act (42 U.S.C. 608(a)) to a family of a child
receiving assistance under the State program funded under
part A of title IV of such Act (42 U.S.C. 601 et seq.);
(B) shall not refer the child's case to the State program
funded under part D of title IV of the Social Security Act
(42 U.S.C. 651 et seq.) or apply a penalty against the
child's family based on the custodial parent's noncooperation
with child support activities with respect to the child under
paragraph (2) of section 408(a) of such Act (42 U.S.C.
608(a)), but shall provide an exception to the custodial
parent pursuant to section 454(29)(A) of such Act (42 U.S.C.
654(29)(A));
(C) shall not be subject to penalties under section
409(a)(5) of such Act (42 U.S.C. 609(a)(5));
(D) notwithstanding subparagraph (B), any such individual
shall retain the right to apply for child support services
under section 454(4)(A)(ii) of the Social Security Act (42
U.S.C. 654(4)(A)(ii)) with respect to a child of the
individual;
(E) if the child has an open child support case with the
State agency responsible for administering the State plan
under part D of title IV of the Social Security Act (42
U.S.C. 651 et seq.), such State agency, shall suspend any
activity to establish or enforce a support order with respect
to the child (other than to establish the paternity of the
child), and monthly child support obligations shall be
suspended and shall not accrue, but only if both parents of
the child agree in writing to the suspension; and
[[Page S7735]]
(F) if child support activities are suspended in a case by
agreement of both parents in accordance with subparagraph
(E)), may exclude the case in determining applicable
percentages based on State performance levels under section
458 of the Social Security Act (42 U.S.C. 658a), and the
Secretary shall disregard the case in determining whether the
State data submitted to the Secretary are complete and
reliable for purposes of that section and section 452 of such
Act (42 U.S.C. 652).
(2) Eligible entity.--In this section, the term ``eligible
entity'' means--
(A) a State;
(B) a unit of local government; or
(C) an Indian tribe or tribal organization (as defined in
subsections (e) and (l) of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304))
that receives direct payments from the Secretary under
section 455(f) of the Social Security Act (42 U.S.C. 655(f))
or has entered into a cooperative agreement with a State
under section 454(33) of such Act (42 U.S.C. 654(33)).
(3) Application, selection of eligible entities.--
(A) Application.--
(i) In general.--To participate in the pilot program, an
eligible entity shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
(ii) Required information.--An application to participate
in the pilot program shall include--
(I) an outline of the healthy marriage or responsible
fatherhood programs that the eligible entity will partner
with for the purposes of participating in the pilot program,
including a description of each the eligibility and
participation criteria for each such program;
(II) the goals, strategies, and desired outcomes of the
eligible entity's proposed participation in the pilot
program; and
(III) such other information as the Secretary shall
require.
(B) Selection of eligible entities.--Not later than
September 30, 2021, the Secretary shall select at least 10
eligible entities to participate in the pilot program.
(4) Duration of pilot program.--The Secretary shall conduct
the pilot program during the 4-year period that begins with
fiscal year 2022 and ends with fiscal year 2025.
(5) Data collection and reporting.--Throughout the pilot
period, an eligible entity participating in the pilot program
shall collect and report to the Secretary such data related
to the entity's participation in the pilot program as the
Secretary shall require.
(b) GAO Report.--
(1) Study.--The Comptroller General of the United States
shall study the implementation and impact of the pilot
program established under subsection (a).
(2) Report.--Not later than January 1, 2026, the
Comptroller General shall submit a report to Congress on the
results of the study required under paragraph (1) that
includes information on the following:
(A) How State agencies responsible for administering the
State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) and the State agency
responsible for administering the State plan under part D of
title IV of such Act (42 U.S.C. 651 et seq.) designate
healthy marriage or responsible fatherhood programs as
eligible programs for purposes of the pilot program and what
types of organizations have programs so designated, including
whether such programs are funded under a grant made under
section 403(a)(2) of such Act (42 U.S.C. 603(a)(2)), under a
program funded with qualified State expenditures (as defined
in section 409(a)(7)(B)(i)) of such Act (42 U.S.C.
609(a)(7)(B)(i))), or under any other program funded with
non-Federal funds.
(B) The types of activities and services designated
programs provide, including the extent to which any such
activities and services are intended for domestic violence
victims and survivors.
(C) An assessment of how the designated programs compare to
other entities receiving a grant under section 403(a)(2) of
such Act (42 U.S.C. 603(a)(2)), under a program funded with
qualified State expenditures (as defined in section
409(a)(7)(B)(i)) of such Act (42 U.S.C. 609(a)(7)(B)(i))), or
under any other program funded with non-Federal funds, with
respect to the information described in subparagraphs (A) and
(B).
(D) Recommendations for such administrative or legislative
action as the Comptroller General determines appropriate.
SEC. 3532. CLOSURE OF CERTAIN CHILD SUPPORT ENFORCEMENT
CASES.
Section 454(4)(A) of the Social Security Act (42 U.S.C.
654(4)(A)) is amended--
(1) by striking clause (i) and inserting the following:
``(i) a child living apart from 1 or both parents for whom
(I) assistance is provided under the State program funded
under part A of this title, (II) benefits or services for
foster care maintenance are provided under the State program
funded under part E of this title, (III) medical assistance
is provided under the State plan approved under title XIX, or
(IV) cooperation is required pursuant to section 6(l)(1) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015(l)(1))
unless, in accordance with paragraph (29), good cause or
other exceptions exist, or in the event that the State agency
becomes aware after opening a child support case upon
referral from another program that both parents of the child
comprise an intact 2-parent household (even if a parent is
temporarily living elsewhere), and neither parent has applied
for child support services under clause (ii), in which case
the State agency shall notify the referring program and each
parent that the case will be closed within 60 days of the
date of such notice unless either parent contacts the State
agency and requests that the case remain open; and''; and
(2) in clause (ii), by inserting ``living apart from 1 or
both parents'' after ``any other child''.
CHAPTER 4--PARENTING TIME SERVICES PILOT PROGRAM
SEC. 3541. PARENTING TIME SERVICES PILOT PROGRAM.
Part D of title IV of the Social Security Act (42 U.S.C.
651 et seq.) is amended by adding at the end the following:
``SEC. 469C. PARENTING TIME SERVICES PILOT PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than June 30, 2021, the
Secretary shall establish a pilot program (referred to in
this section as the `pilot program') to provide payments to
State, local, and tribal agencies responsible for
administering the program under this part (referred to in
this section as `eligible entities') for carrying out the
activities described in subsection (d) for the purpose of
promoting the inclusion of uncontested parenting time
agreements in child support orders. Expenditures for
activities carried out by a State, local, or tribal agency
participating in the pilot program shall be treated as
expenditures authorized under the State or tribal plan
approved under this part, without regard to whether such
expenditures would otherwise be a permissible use of funds
under such plan.
``(2) No budget neutrality required.--No budget neutrality
requirement shall apply to the pilot program.
``(b) Application, Selection of Eligible Entities, and
Duration.--
``(1) Application.--
``(A) In general.--To participate in the pilot program, an
eligible entity shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
``(B) Required information.--An application to participate
in the pilot program shall include the following:
``(i) The identity of the courts or judicial or
administrative agencies with which the eligible entity will
coordinate activities carried out under the pilot program.
``(ii) The identity of the local, State, or national level
domestic violence shelter and service organization with which
the eligible entity will partner with to develop and
implement the procedures to address domestic violence
required under subsection (d).
``(iii) A description of the role and responsibilities of
each of such partner with respect to developing and
implementing the procedures required under subsection (d),
and of the resources that each partner will contribute to
developing and implementing such procedures.
``(iv) Such other information as the Secretary shall
require.
``(2) Selection of eligible entities.--Not later than
September 30, 2021, the Secretary shall select at least 12
eligible entities to participate in the pilot program, at
least 2 of which shall be tribal agencies described in
subsection (b).
``(3) Duration of pilot program.--The Secretary shall
conduct the pilot program during the 5-year period that
begins with fiscal year 2022 and ends with fiscal year 2026.
``(c) Authorized Activities.--An eligible entity
participating in the pilot program shall carry out the
following activities:
``(1) Establishing parent time plans in conjunction with
the establishment of a child support order.
``(2) Coordinating with the custodial and non-custodial
parent when establishing a parent time plan.
``(3) Supervising and facilitating parents' visitation and
access to their children, including virtual visitation in
situations where in-person visitation is not practicable.
``(4) Providing parents with legal information and
referrals related to parenting time.
``(5) Coordinating with domestic violence shelter and
service organizations.
``(6) Employing a staff member to serve as a domestic
violence coordinator.
``(7) Such other activities related to promoting the
inclusion of uncontested parenting time agreements in child
support orders as the Secretary may approve.
``(d) Program Requirements.--As a condition of receiving
payments under the pilot program, an eligible entity shall
meet the following requirements:
``(1) Procedures to address domestic violence.--Not later
than 3 months after the eligible entity is selected to
participate in the pilot program, the eligible entity, in
consultation with the State domestic violence coalition (as
defined in section 302(11) of the Family Violence Prevention
and Services Act (42 U.S.C. 10402(11)) and the domestic
violence shelter and service organization with which the
entity is partnering, shall do the following:
``(A) Develop, and submit to the Secretary for approval,
written protocols for use by the eligible entity in carrying
out activities under the pilot program that are based on
comprehensive and evidence-based practices and tools for--
``(i) identifying instances of domestic violence and
situations where there is a risk of domestic violence;
[[Page S7736]]
``(ii) responding to any instances of domestic violence and
situations where there is a risk of domestic violence that
are so identified, including by making referrals to domestic
violence intervention and prevention services, assisting with
safety planning, and providing protections and other
appropriate assistance to individuals and families who are
victims or potential victims of domestic violence;
``(iii) addressing confidentiality issues related to
identifying and responding to instances of domestic violence
and situations where there is a risk of domestic violence;
and
``(iv) providing domestic violence awareness and
intervention and prevention training to ensure the effective
and consistent implementation of the protocols developed
under this subparagraph.
``(B) Build the capacity of the staff of the eligible
entity and the domestic violence shelter and service
organization partner of the entity to communicate with
parents about domestic violence.
``(C) Appoint a staff member of the eligible entity or the
domestic violence shelter and service organizations to serve
as the domestic violence coordinator for purposes of the
activities carried out under the pilot program.
``(D) Submit a final report to the Secretary describing--
``(i) the protocols established by the eligible entity to
address domestic violence; and
``(ii) any issues that the eligible entity encountered in
implementing such protocols and if so, how the eligible
entity addressed such issues.
``(2) Data collection and reporting.--Throughout the pilot
period, an eligible entity participating in the pilot program
shall collect and report to the Secretary such data related
to the entity's participation in the pilot program as the
Secretary shall require.
``(e) Payments to Eligible Entities.--
``(1) In general.--For each quarter during the pilot period
described in subsection (b)(3), the Secretary shall pay to
each eligible entity participating in the pilot program an
amount equal to the applicable percentage specified in
paragraph (2) of the amounts expended by the entity during
the quarter to carry out the pilot program. Such payments
shall be made in addition to, and as part of, the quarterly
payment made to the eligible entity under section 455(a)(1).
Amounts expended by an eligible entity participating in the
pilot program shall be treated as amounts expended for a
purpose for which a quarterly payment is available under
section 455(a)(1)(A), without regard to whether payment would
otherwise be available under such section in the absence of
the pilot program (and subject to the application of the
applicable percentage for such quarter under paragraph (2) in
lieu of the percentage that would otherwise apply under such
section (if any)).
``(2) Applicable percentage.--The applicable percentage
specified in this paragraph is--
``(A) in the case of payments made for the first 8 quarters
of the pilot period, 100 percent; and
``(B) in the case of payments made for each subsequent
quarter of the pilot period, 66 percent (80 percent in the
case of an eligible entity that is a tribal agency).
``(3) Sunset for payments.--In no case may payments be
provided by the Secretary for amounts expended by an eligible
entity to carry out the pilot program for any quarter of a
fiscal year after fiscal year 2026.
``(f) Evaluation of Pilot Program.--
``(1) In general.--The Secretary shall conduct (directly or
by grant, contract, or interagency agreement) a comprehensive
evaluation of the pilot program that satisfies the
requirements of this subsection.
``(2) Deadline.--Not later than 1 year after the pilot
program ends, the Secretary shall submit to Congress a report
containing the results of such comprehensive evaluation.
``(3) Evaluation requirements.--
``(A) In general.--A comprehensive evaluation satisfies the
requirements of this subsection if--
``(i) the evaluation is designed to identify successful
activities for creating opportunities for developing and
sustaining parenting time to--
``(I) build evidence of the effectiveness of such
activities;
``(II) determine the lessons learned (including barriers to
success) from such activities; and
``(III) to the extent practicable, help build local
evaluation capacity, including the capacity to use evaluation
data to inform continuous program improvement; and
``(ii) the evaluation includes research designs that
encourage innovation and reflect the nature of the activities
undertaken, successful implementation efforts, and the needs
of the communities, without prioritizing efficacy research
over effectiveness research.
``(B) Randomized controlled trials.--A comprehensive
evaluation conducted in accordance with this subsection may,
but shall not be required to, include a randomized controlled
trial.
``(4) Report requirements.--The report on the comprehensive
evaluation conducted in accordance with this subsection shall
include the following:
``(A) An assessment of the process used to assist parents
in developing and establishing parenting time agreements and
the number of parenting time agreements established during
the pilot program.
``(B) An assessment of the impact of the pilot program on
child support payment outcomes, including payment behaviors
such as the amount of monthly payments, the frequency of
monthly payments, and the frequency and type of non-financial
assistance.
``(C) An assessment of the access barriers to establishing
and complying with parenting time agreements, and the
effectiveness of methods used by the pilot projects to
address barriers.
``(D) An assessment of the impact of the pilot program on
co-parenting quality.
``(E) An assessment of the impact of the pilot program on
relationships between custodial and non-custodial parents.
``(F) An assessment of the impact of the pilot program on
relationships between non-custodial parents and their
children.
``(G) Data on the incidence and prevalence of domestic
violence between custodial and non-custodial parents during
the course of the pilot program.
``(H) A detailed description of the procedures used to
address incidents of domestic violence between custodial and
non-custodial parents during the course of the pilot program.
``(I) An assessment of the impact of the pilot program on
increasing custodial and non-custodial parents' knowledge
about domestic violence.
``(5) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated to the
Secretary to carry out this subsection $1,000,000 for each of
fiscal years 2022 through 2026, to remain available until
expended.
``(g) Domestic Violence Defined.--In this section, the term
`domestic violence' means violence between intimate partners,
which involves any form of physical violence, sexual
violence, stalking, or psychological aggression, by a current
or former intimate partner.''.
CHAPTER 5--IMPROVEMENTS TO THE CHILD SUPPORT PASS-THROUGH REQUIREMENTS
SEC. 3551. CHILD SUPPORT PASS-THROUGH PROGRAM IMPROVEMENTS.
(a) Pass-through of All Current Support Amounts and
Arrearages Collected for Current and Former TANF Families.--
Section 457 of the Social Security Act (42 U.S.C. 657) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``and (e)'' and inserting ``, (e), (f), and
(g)''; and
(2) by adding at the end the following:
``(f) Distribution of Current Support Amount and Arrearages
Collected for TANF Families.--
``(1) TANF families.--Subject to subsections (d), (e), and
(g), beginning October 1, 2023--
``(A) paragraph (1) of subsection (a) shall no longer apply
to the distribution of amounts collected on behalf of a TANF
family as support by a State pursuant to a plan approved
under this part;
``(B) the State shall pay to a TANF family all of the
current support amount collected by the State on behalf of
the family and all of any excess amount collected on behalf
of the family to the extent necessary to satisfy support
arrearages; and
``(C) for purposes of determining eligibility for, and the
amount and type of, assistance from the State under the State
program funded under part A, the State shall disregard the
current support amount paid to a TANF family and shall
disregard the current support amount paid to any family that
is an applicant for assistance under the State program funded
under part A.
``(2) Former tanf families.--
``(A) In general.--Subject to subsections (e) and (g),
beginning October 1, 2025--
``(i) subsection (a)(2) shall no longer apply to the
distribution of amounts collected on behalf of a former TANF
family as support by a State pursuant to a plan approved
under this part or to support obligations assigned by the
family; and
``(ii) the State shall pay to a former TANF family all of
the current support amount collected by the State on behalf
of the family and all of any excess amount collected on
behalf of the family to the extent necessary to satisfy
support arrearages (and the State shall treat amounts
collected pursuant to an assignment by the family as if the
amounts had never been assigned and shall distribute the
amounts to the family in accordance with subsection (a)(4)).
``(B) State option for earlier implementation.--A State may
elect to apply subparagraph (A) to the distribution of
amounts collected on behalf of a former TANF family as
support by a State pursuant to a plan approved under this
part beginning on the first day of any quarter of fiscal year
2024 or 2025.
``(3) Definitions.--In this subsection:
``(A) TANF family.--The term `TANF family' means a family
receiving assistance from the State under the State program
funded under part A.
``(B) Former tanf family.--The term `former TANF family'
means a family that formerly received assistance from the
State under the State program funded under part A.
``(C) Excess amount.--The term `excess amount' means, with
respect to amounts collected by a State as support on behalf
of a family, the amount by which such amount collected
exceeds the current support amount.''.
(b) Temporary Increase in Matching Rate.--Section 455(a)(3)
of such Act (42
[[Page S7737]]
U.S.C. 655(a)(3)) is amended to read as follows:
``(3)(A) The Secretary shall pay to each State, for each
quarter of fiscal years 2022 and 2023, 90 percent of so much
of the State expenditures described in paragraph (1)(B) for
the quarter as the Secretary finds are for a system meeting
the requirements specified in sections 454(16) and 454A.
``(B) In the case of a State which elects the option under
subparagraph (B) of section 457(f)(2) to apply subparagraph
(A) of that section to the distribution of amounts collected
on behalf of a former TANF family (as defined in subparagraph
(B) of section 457(f)(3)) as support by a State pursuant to a
plan approved under this part beginning on the first day of
any quarter of fiscal year 2024 or 2025, the Secretary shall
pay to the State for each quarter of fiscal year 2024 and
2025 for which such an election has been made, 90 percent of
so much of the State expenditures described in paragraph
(1)(B) for the quarter as the Secretary finds are for a
system meeting the requirements specified in sections 454(16)
and 454A.
``(C) This paragraph shall not apply to State expenditures
described in paragraph (1)(B) for any quarter beginning on or
after September 30, 2024 (September 30, 2023, in the case of
a State that does not elect the option described in
subparagraph (B)).''.
(c) Transition to Elimination of Excepted Portion for Pass-
through Disregard Option.--
(1) In general.--Subparagraph (B) of section 457(a)(6) of
such Act (42 U.S.C. 657(a)(6)) is amended to read as follows:
``(B) Families that currently receive assistance under part
a.--During each of fiscal years 2021, 2022, and 2023, in the
case of a family that receives assistance from the State
under the State program funded under part A, a State shall
not be required to pay to the Federal Government the Federal
share of an amount collected on behalf of a family receiving
assistance from the State under the State program funded
under part A to the extent that the State--
``(i) pays the amount to the family; and
``(ii) disregards all of the amount collected that does not
exceed the current support amount for purposes of determining
the family's eligibility for, and the amount and type of,
assistance from the State under the State program funded
under part A.''.
(2) Conforming amendment.--Section 457(a)(6) of such Act
(42 U.S.C. 657(a)(6)) is amended in the heading, by inserting
``; transition to elimination of excepted portion'' after
``participation''.
(d) Amounts Collected on Behalf of Families Receiving
Foster Care Maintenance Payments.--
(1) In general.--Section 457 of such Act (42 U.S.C. 657) as
amended by subsection (a), is further amended by adding at
the end the following:
``(g) Distribution of Amounts Collected on Behalf of a
Child for Whom Foster Care Maintenance Payments Are Being
Made.--
``(1) In general.--Beginning October 1, 2023--
``(A) subsection (e) shall no longer apply to the
distribution of amounts collected by a State as child support
for months in any period on behalf of a child for whom a
public agency is making foster care maintenance payments
under part E;
``(B) with respect to the current support amount collected
by the State on behalf of the child, the State shall elect
to--
``(i) pay such amount to a foster parent of the child or a
kinship caregiver for the child whenever practicable, or to
the person responsible for meeting the child's day-to-day
needs; or
``(ii) deposit such amount in a savings account to be used
for the child's future needs in the event of the child's
reunification with family from which the child was removed
(including for reunification services for the child and
family);
``(C) to the extent any amount collected exceeds the
current support amount and, after the beginning of the period
in which a public agency began making foster care maintenance
payments under part E on behalf of the child, support
arrearages have accrued with respect to the child, the State
shall deposit such excess amount into a savings account to be
used for the child's future needs; and
``(D) when the child is returned to the family from which
the child was removed, or placed for adoption, with a legal
guardian, or, if adoption or legal guardianship is determined
not to be safe and appropriate for a child, in some other
planned, permanent living arrangement, any amount in such
savings account shall--
``(i) if the child has attained age 18, be transferred to
the child; or
``(ii) if the child has not attained age 18, be maintained
in such account until the child attains such age, and shall
be transferred to the child when the child attains such age.
``(2) Administration.--The State agency responsible for
administering the program under this part shall be
responsible for the distribution under this subsection of
amounts collected on behalf of a child for whom a public
agency is making foster care maintenance payments under part
E.''.
(2) GAO report.--
(A) Study.--The Comptroller General of the United States
shall study the implementation and impact of the requirements
for distribution of amounts collected on behalf of a child
for whom foster care maintenance payments are being made
under subsection (g) of section 457 of the Social Security
Act (42 U.S.C. 657) as added by paragraph (1).
(B) Report.--Not later than January 1, 2027, the
Comptroller General shall submit a report to Congress on the
results of the study required under paragraph (1) that
includes information on the following:
(i) A description of how States have elected to implement
the distribution requirements of such subsection, including
with respect to the choices States make regarding how much of
current support amounts are paid to foster families, saved in
the event of a child's reunification with the family from
which the child was removed, or saved for the child's future
needs.
(ii) A description of how States distribute or use amounts
saved in the event of a child's reunification with the family
from which the child was removed, including the extent to
which such amounts are used to provide reunification services
for the child and family or distributed in full to the
family.
(iii) Recommendations regarding best practices regarding
distributions made under such subsection, along with
recommendations for such administrative or legislative action
as the Comptroller General determines appropriate.
(e) Discontinuation of Support Assignments.--
(1) Termination of tanf requirement to assign support
rights to the state.--Paragraph (3) of section 408(a) of such
Act (42 U.S.C. 608(a)) is amended to read as follows:
``(3) No assistance for families not assigning certain
support rights to the state.--
``(A) In general.--With respect to each of fiscal years
2021, 2022, and 2023, subject to section 457(b)(3), a State
to which a grant is made under section 403 shall require, as
a condition of paying assistance to a family under the State
program funded under this part, that a member of the family
assign to the State any right the family member may have (on
behalf of the family member or of any other person for whom
the family member has applied for or is receiving such
assistance) to support from any other person, not exceeding
the total amount of assistance so paid to the family, which
accrues during the period that the family receives assistance
under the program.
``(B) Sunset.--Subparagraph (A) shall not apply to any
State or family after September 30, 2023.''.
(2) State option to discontinue support assignments under
tanf before fiscal year 2023.--Section 457(b) of such Act (42
U.S.C. 657(b)) is amended by adding at the end the following:
``(3) State option to discontinue support assignments under
part a before termination of requirement.--A State may elect
for any or all of fiscal years 2021 through 2023, to--
``(A) not require the assignment of support obligations
under section 408(a)(3)(A) as a condition of paying
assistance to a family under the State program funded under
part A; and
``(B) discontinue the assignment of a support obligation
described in such section, and treat amounts collected
pursuant to the assignment as if the amounts had never been
assigned and distribute the amounts to the family.''.
(f) Elimination of Option to Apply Former Distribution
Rules for Families Formerly Receiving Assistance.--
(1) In general.--Section 454 of such Act (42 U.S.C. 654) is
amended--
(A) in paragraph (32)(C), by adding ``and'' after the
semicolon;
(B) in paragraph (33), by striking ``; and'' and inserting
a period; and
(C) by striking paragraph (34).
(2) Effective date.--The amendments made by paragraph (1)
take effect on October 1, 2023.
(g) Conforming Amendments.--
(1) Section 454B(c)(1) of such Act (42 U.S.C. 654b(c)(1))
is amended by striking ``457(a)'' and inserting ``457''.
(2) Section 457 of such Act (42 U.S.C. 657), as amended by
subsections (a) and (d), is further amended--
(A) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (a)'' and inserting
``subsections (a), (f), and (g)''; and
(B) in subsection (e), in the matter preceding paragraph
(1), by striking ``Notwithstanding the preceding provisions
of this section, amounts'' and inserting ``Subject to
subsection (g), amounts''.
SEC. 3552. BAN ON RECOVERY OF MEDICAID COSTS FOR BIRTHS.
(a) In General.--Section 454 of the Social Security Act (42
U.S.C. 654) is amended--
(1) by striking ``and'' at the end of paragraph (33);
(2) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(3) by inserting after paragraph (34) the following:
``(35) provide that the State shall not use the State
program operated under this part to collect any amount owed
to the State by reason of costs incurred under the State plan
approved under title XIX for the birth of a child for whom
support rights have been assigned pursuant to section
1912.''.
(b) Clarification That Ban on Recovery Does Not Apply With
Respect to Insurance of a Parent With an Obligation To Pay
Child Support.--Section 1902(a)(25)(F) of the Social Security
Act (42 U.S.C. 1396a(a)(25)(F)) is amended--
[[Page S7738]]
(1) in clause (i), by striking ``care.;'' and inserting
``care; and''; and
(2) in clause (ii), by inserting ``only if such third-party
liability is derived through insurance,'' before ``seek''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on October 1,
2025.
(2) State option for earlier application.--A State may
elect for the amendments made by this section to take effect
with respect to the State plans under part D of title IV and
title XIX of the Social Security Act (42 U.S.C. 671 et seq.;
1396 et seq.) on the first day of any quarter of fiscal years
2021 through 2025.
SEC. 3553. IMPROVING STATE DOCUMENTATION AND REPORTING OF
CHILD SUPPORT COLLECTION DATA.
(a) State Plan Requirement.--Paragraph (10) of section
454(10) of the Social Security Act (42 U.S.C. 654(10)) is
amended to read as follows:
``(10) provide that the State will--
``(A) maintain a full record of collections and
disbursements made under the plan and have an adequate
reporting system; and
``(B) document outcomes with respect to each child support
obligation that is enforced by the State, including monthly
support payment amounts (distinguishing between full monthly
payments and partial monthly payments) and the frequency of
monthly support payments for each such case and include
information on such outcomes in the annual report required
under paragraph (15);''.
(b) Inclusion in Annual Report by the Secretary.--Section
452(a)(10)(A) of such Act (42 U.S.C. 652(a)(10)(A)) is
amended--
(1) in clause (ii), by striking ``and'' after the
semicolon;
(2) in clause (iii)(II), by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(iv) information on the documented outcomes with respect
to each child support obligation that was enforced under a
State plan approved under this part during the fiscal year,
as required under paragraph (10) of section 454 and included
in the annual report required under paragraph (15) of that
section;''.
CHAPTER 6--PROGRAM FLEXIBILITY DURING THE COVID-19 PANDEMIC
SEC. 3561. EMERGENCY TANF FLEXIBILITY.
(a) In General.--With respect to the period that begins on
March 1, 2020, and ends September 30, 2021:
(1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) of the
Social Security Act shall have no force or effect.
(2) Notwithstanding section 466(d) of such Act, the
Secretary may exempt a State from any requirement of section
466 of such Act to respond to the COVID-19 pandemic, except
that the Secretary may not exempt a State from any
requirement to--
(A) provide a parent with notice of a right to request a
review and, if appropriate, adjustment of a support order; or
(B) afford a parent the opportunity to make such a request.
(3) The Secretary may not impose a penalty or take any
other adverse action against a State pursuant to section
452(g)(1) of such Act for failure to achieve a paternity
establishment percentage of less than 90 percent.
(4) The Secretary may not find that the paternity
establishment percentage for a State is not based on reliable
data for purposes of section 452(g)(1) of such Act, and the
Secretary may not determine that the data which a State
submitted pursuant to section 452(a)(4)(C)(i) of such Act and
which is used in determining a performance level is not
complete or reliable for purposes of section 458(b)(5)(B) of
such Act, on the basis of the failure of the State to submit
OCSE Form 396 or 34 in a timely manner.
(5) The Secretary may not impose a penalty or take any
other adverse action against a State for failure to comply
with section 454B(c)(1) or 454A(g)(1)(A)(i) of such Act.
(6) The Secretary may not disapprove a State plan submitted
pursuant to part D of title IV of such Act for failure of the
plan to meet the requirement of section 454(1) of such Act,
and may not impose a penalty or take any other adverse action
against a State with such a plan that meets that requirement
for failure to comply with that requirement.
(7) To the extent that a preceding provision of this
section applies with respect to a provision of law applicable
to a program operated by an Indian tribe or tribal
organization (as defined in subsections (e) and (l) of
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)), that preceding provision
shall apply with respect to the Indian tribe or tribal
organization.
(8) Any increase in the Federal medical assistance
percentage for a State resulting from the application of this
subsection shall not be taken into account for purposes of
calculating the Federal share of assigned collections paid by
the State to the Federal Government under section 457 of the
Social Security Act (42 U.S.C. 657).
(b) State Defined.--In subsection (a), the term ``State''
has the meaning given the term in section 1101(a) of the
Social Security Act for purposes of title IV of such Act.
(c) Technical Correction.--Section 6008 of the Families
First Coronavirus Response Act (42 U.S.C. 1396d note) is
amended by adding at the end the following:
``(e) Scope of Application.--An increase in the Federal
medical assistance percentage for a State under this section
shall not be taken into account for purposes of calculating
the Federal share of assigned collections paid by the State
to the Federal Government under section 457 of the Social
Security Act (42 U.S.C. 657).''.
(d) State Performance Year for Incentive Payments.--
Notwithstanding section 458 of the Social Security Act (42
U.S.C. 658a), the data which a State submitted pursuant to
section 454(15)(B) of such Act (42 U.S.C. 654(15)(B)) for
fiscal year 2019 and which the Secretary has determined is
complete and reliable shall be used to determine the
performance level for each measure of State performance
specified in section 458(b)(4) of such Act for each of fiscal
years 2020 and 2021.
SEC. 3562. 2020 RECOVERY REBATES NOT SUBJECT TO REDUCTION OR
OFFSET WITH RESPECT TO PAST-DUE SUPPORT.
(a) In General.--Section 2201(d)(2) of the CARES Act is
amended by inserting ``(c),'' before ``(d)''.
(b) Effective Date.--The amendment made by this section
shall apply to credits and refunds allowed or made after the
date of the enactment of this Act.
SEC. 3563. PROTECTION OF 2020 RECOVERY REBATES.
(a) In General.--Subsection (d) of section 2201 of the
CARES Act (Public Law 116-136), as amended by section 3562,
is further amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and by moving such
subparagraphs 2 ems to the right,
(2) by striking ``Reduction or Offset.--Any credit'' and
inserting ``Reduction, Offset, Garnishment, etc.--
``(1) In general.--Any credit'', and
(3) by adding at the end the following new paragraphs:
``(2) Assignment of benefits.--
``(A) In general.--The right of any person to any
applicable payment shall not be transferable or assignable,
at law or in equity, and no applicable payment shall be
subject to, execution, levy, attachment, garnishment, or
other legal process, or the operation of any bankruptcy or
insolvency law.
``(B) Encoding of payments.--As soon as practicable, but
not earlier than 10 days after the date of the enactment of
this paragraph, in the case of an applicable payment that is
paid electronically by direct deposit through the Automated
Clearing House (ACH) network, the Secretary of the Treasury
(or the Secretary's delegate) shall--
``(i) issue the payment using a unique identifier that is
reasonably sufficient to allow a financial institution to
identify the payment as an applicable payment, and
``(ii) further encode the payment pursuant to the same
specifications as required for a benefit payment defined in
section 212.3 of title 31, Code of Federal Regulations.
``(C) Garnishment.--
``(i) Encoded payments.--In the case of a garnishment order
received after the date that is 10 days after the date of the
enactment of this paragraph and that applies to an account
that has received an applicable payment that is encoded as
provided in subparagraph (B), a financial institution shall
follow the requirements and procedures set forth in part 212
of title 31, Code of Federal Regulations, except a financial
institution shall not, with regard to any applicable payment,
be required to provide the notice referenced in sections
212.6 and 212.7 of title 31, Code of Federal Regulations.
This paragraph shall not alter the status of applicable
payments as tax refunds or other nonbenefit payments for
purpose of any reclamation rights of the Department of
Treasury or the Internal Revenue Service as per part 210 of
title 31 of the Code of Federal Regulations.
``(ii) Other payments.--If a financial institution receives
a garnishment order, other than an order that has been served
by the United States or an order that has been served by a
Federal, State, or local child support enforcement agency,
that has been received by a financial institution after the
date that is 10 days after the date of the enactment of this
paragraph and that applies to an account into which an
applicable payment that has not been encoded as provided in
subparagraph (B) has been deposited electronically or by an
applicable payment that has been deposited by check on any
date in the lookback period, the financial institution, upon
the request of the account holder, shall treat the amount of
the funds in the account at the time of the request, up to
the amount of the applicable payment (in addition to any
amounts otherwise protected under part 212 of title 31, Code
of Federal Regulations), as exempt from a garnishment order
without requiring the consent of the party serving the
garnishment order or the judgment creditor.
``(iii) Liability.--A financial institution that acts in
good faith in reliance on clauses (i) or (ii) shall not be
subject to liability or regulatory action under any Federal
or State law, regulation, court or other order, or regulatory
interpretation for actions concerning any applicable
payments.
``(D) Definitions.--For purposes of this paragraph--
``(i) Account holder.--The term `account holder' means a
natural person whose name appears in a financial
institution's records as the direct or beneficial owner of an
account.
[[Page S7739]]
``(ii) Account review.--The term `account review' means the
process of examining deposits in an account to determine if
an applicable payment has been deposited into the account
during the lookback period. The financial institution shall
perform the account review following the procedures outlined
in section 212.5 of title 31, Code of Federal Regulations and
in accordance with the requirements of section 212.6 of title
31, Code of Federal Regulations.
``(iii) Applicable payment.--The term `applicable payment'
means any payment of credit or refund by reason of section
6428 of the Internal Revenue Code of 1986 (as so added) or by
reason of subsection (c) of this section.
``(iv) Garnishment.--The term `garnishment' means
execution, levy, attachment, garnishment, or other legal
process.
``(v) Garnishment order.--The term `garnishment order'
means a writ, order, notice, summons, judgment, levy, or
similar written instruction issued by a court, a State or
State agency, a municipality or municipal corporation, or a
State child support enforcement agency, including a lien
arising by operation of law for overdue child support or an
order to freeze the assets in an account, to effect a
garnishment against a debtor.
``(vi) Lookback period.--The term `lookback period' means
the two month period that begins on the date preceding the
date of account review and ends on the corresponding date of
the month two months earlier, or on the last date of the
month two months earlier if the corresponding date does not
exist.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
CHAPTER 7--EFFECTIVE DATE
SEC. 3571. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this
subtitle, the amendments made by this subtitle shall take
effect on the date of enactment of this Act and shall apply
to payments under parts A and D of title IV of the Social
Security Act for calendar quarters beginning on or after such
date, and without regard to whether regulations to implement
the amendments (in the case of State programs operated under
such part D) are promulgated by such date.
(b) Exception for State Plans Requiring State Law
Amendments.--In the case of a State plan under part A or D of
title IV of the Social Security Act which the Secretary
determines requires State legislation in order for the plan
to meet the additional requirements imposed by the amendments
made by this subtitle, the effective date of the amendments
imposing the additional requirements shall be 3 months after
the first day of the first calendar quarter beginning after
the close of the first regular session of the State
legislature that begins after the date of the enactment of
this Act. For purposes of the preceding sentence, in the case
of a State that has a 2-year legislative session, each year
of the session shall be considered to be a separate regular
session of the State legislature.
TITLE IV--CAPITAL AND SUPPORT FOR SMALL BUSINESSES
Subtitle A--More Lending to Small Businesses in Communities of Color
SEC. 4101. COMMUNITY ADVANTAGE LOAN PROGRAM.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a))
is amended by adding at the end the following:
``(37) Community advantage loan program.--
``(A) Purposes.--The purposes of the Community Advantage
Loan Program are--
``(i) to create a mission-oriented loan guarantee program
that builds on the demonstrated success of the Community
Advantage Pilot Program of the Administration, as established
in 2011, to reach more underserved small business concerns;
``(ii) to increase lending to small business concerns in
underserved and rural markets, including veterans and members
of the military community, and small business concerns owned
and controlled by socially and economically disadvantaged
individuals (as defined in section 8(d)(3)(C)), women, and
startups;
``(iii) to ensure that the program under this subsection
(in this paragraph referred to as the `7(a) loan program') is
more inclusive and more broadly meets congressional intent to
reach borrowers who are unable to get credit elsewhere on
reasonable terms and conditions;
``(iv) to help underserved small business concerns become
bankable by utilizing the small-dollar financing and business
support experience of mission-oriented lenders;
``(v) to allow certain mission-oriented lenders, primarily
nonprofit financial intermediaries focused on economic
development in underserved markets, access to guarantees for
loans under this subsection (in this paragraph referred to as
`7(a) loans') of not more than $350,000 and provide
management and technical assistance to small business
concerns as needed;
``(vi) to provide certainty for the lending partners that
make loans under this subsection and to attract new lenders;
and
``(vii) to encourage collaboration between mission-oriented
and conventional lenders under this subsection in order to
support underserved small business concerns.
``(B) Definitions.--In this paragraph--
``(i) the term `covered institution' means--
``(I) a development company, as defined in section 103 of
the Small Business Investment Act of 1958 (15 U.S.C. 662),
participating in the 504 Loan Guaranty program established
under title V of that Act (15 U.S.C. 695 et seq.);
``(II) a nonprofit intermediary, as defined in subsection
(m)(11), participating in the microloan program under
subsection (m);
``(III) a non-Federally regulated entity certified as a
community development financial institution by the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)); and
``(IV) an eligible intermediary, as defined in subsection
(l)(1), participating in the Intermediary Lending Program
established under subsection (l)(2);
``(ii) the term `new business' means a small business
concern that has been existence for not more than 2 years;
``(iii) the term `program' means the Community Advantage
Loan Program established under subparagraph (C);
``(iv) the term `Reservist' means a member of a reserve
component of the Armed Forces named in section 10101 of title
10, United States Code;
``(v) the term `rural area' has the meaning given the term
in subsection (m)(11);
``(vi) the term `service-connected' has the meaning given
the term in section 101 of title 38, United States Code;
``(vii) the term `small business concern in an underserved
market' means a small business concern--
``(I) that is located in--
``(aa) a low-income or moderate-income community;
``(bb) a HUBZone, as defined in section 31(b);
``(cc) a community that has been designated as an
empowerment zone or an enterprise community under section
1391 of the Internal Revenue Code of 1986;
``(dd) a community that has been designated as a promise
zone by the Secretary of Housing and Urban Development;
``(ee) a community that has been designated as a qualified
opportunity zone under section 1400Z-1 of the Internal
Revenue Code of 1986; or
``(ff) a rural area;
``(II) for which more than 50 percent of employees reside
in a low- or moderate-income community;
``(III) that is--
``(aa) a business that has not yet opened or a new
business; or
``(bb) growing, newly established, or a startup, as those
terms are used in subsection (m);
``(IV) owned and controlled by socially and economically
disadvantaged individuals, including Black Americans,
Hispanic Americans, Native Americans, Asian Pacific
Americans, and other minorities;
``(V) owned and controlled by women;
``(VI) owned and controlled by veterans;
``(VII) owned and controlled by service-disabled veterans;
``(VIII) not less than 51 percent of which is owned and
controlled by 1 or more--
``(aa) members of the Armed Forces participating in the
Transition Assistance Program of the Department of Defense;
``(bb) Reservists;
``(cc) spouses of veterans, members of the Armed Forces, or
Reservists; or
``(dd) surviving spouses of veterans who died on active
duty or as a result of a service-connected disability;
``(IX) that is eligible to receive a veterans advantage
loan; or
``(X) owned and controlled by an individual who has
completed a term of imprisonment in a Federal, State, or
local jail or prison; and
``(viii) the term `small business concern owned and
controlled by socially and economically disadvantaged
individuals' has the meaning given the term in section
8(d)(3)(C).
``(C) Establishment.--There is established a Community
Advantage Loan Program under which the Administration may
guarantee loans made by covered institutions under this
subsection, including loans made to small business concerns
in an underserved market.
``(D) Program levels.--In each of fiscal years 2021, 2022,
2023, 2024, and 2025, not more than 10 percent of the number
of loans guaranteed under this subsection may be guaranteed
under the program.
``(E) New lenders.--
``(i) Fiscal years 2021 and 2022.--In each of fiscal years
2021 and 2022--
``(I) not more than 150 covered institutions shall
participate in the program; and
``(II) the Administrator shall allow for new applicants and
give priority to applications submitted by any covered
institution that is located in an area with insufficient or
no lending under the program.
``(ii) Fiscal years 2023, 2024, and 2025.--
``(I) In general.--In each of fiscal years 2023, 2024, and
2025--
``(aa) except as provided in subclause (II), not more than
175 covered institutions shall participate in the program;
and
``(bb) the Administrator shall allow for new applicants and
give priority to applications submitted by any covered
institution that is located in an area with insufficient or
no lending under the program.
``(II) Exception for fiscal year 2025.--In fiscal year
2025, not more than 200 covered institutions may participate
in the program if--
[[Page S7740]]
``(aa) after reviewing the report under subparagraph (M),
the Administrator determines that not more than 200 covered
institutions may participate in the program;
``(bb) the Administrator notifies Congress in writing of
the determination of the Administrator under item (aa); and
``(cc) not later than July 30, 2024, the Administrator
notifies the public of the determination of the Administrator
under item (aa).
``(F) Grandfathering of existing lenders.--Any covered
institution that participated in the Community Advantage
Pilot Program of the Administration and is in good standing
on the day before the date of enactment of this paragraph--
``(i) shall retain designation in the program; and
``(ii) shall not be required to submit an application to
participate in the program.
``(G) Requirement to make loans to underserved markets.--
Not less than 75 percent of loans made by a covered
institution under the program shall consist of loans made to
small business concerns in an underserved market.
``(H) Maximum loan amount.--
``(i) In general.--Except as provided in clause (ii), the
maximum loan amount for a loan guaranteed under the program
is $250,000.
``(ii) Exception.--
``(I) In general.--The Administration may, in the
discretion of the Administration, approve a guarantee of a
loan under the program that is more than $250,000 and not
more than $350,000.
``(II) Notification.--Not later than 2 days after receiving
a request for an exception to the maximum loan amount
established under clause (i), the Administration shall--
``(aa) review the request; and
``(bb) provide a decision regarding the request to the
covered institution making the loan.
``(I) Training and technical assistance.--The
Administration--
``(i) shall, in person and online, provide upfront and
ongoing training and technical assistance for covered
institutions making loans under the program in order to
support prudent lending standards and improve the interface
between the covered institutions and the Administration,
which shall include--
``(I) guidance for following the regulations of the
Administration, including best practices for maintaining
healthy portfolios of loans; and
``(II) directions for covered institutions to do what is in
the best interest of the borrowers, including by ensuring to
the maximum extent possible that those borrowers are informed
about loans with the most favorable terms for those
borrowers;
``(ii) shall ensure that the training and technical
assistance described in clause (i) is provided for free or at
a low-cost;
``(iii) may enter into a contract to provide the training
or technical assistance described in clause (i) with an
organization with expertise in lending under this subsection,
mission-oriented lending, and lending to underserved markets;
and
``(iv) shall ensure that covered institutions adequately
report the extent to which the covered institutions take the
actions required under clause (i)(II).
``(J) Delegated authority.--A covered institution is not
eligible to receive delegated authority from the
Administration under the program until the covered
institution makes not less than 10 loans under the program,
unless the Administration determines otherwise after an
opportunity for public comment for a period of not less than
30 days before implementing such a change.
``(K) Regulations.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph and in accordance with the
notice and comment procedures under section 553 of title 5,
United States Code, the Administrator shall promulgate
regulations to carry out the program, which shall be
substantially similar to the Community Advantage Pilot
Program of the Administration, as in effect on September 1,
2018, and shall--
``(I) outline the requirements for participation by covered
institutions in the program;
``(II) define performance metrics for covered institutions
participating in the program for the first time, which are
required to be met in order to continue participating in the
program;
``(III) establish an acceptable range of program costs and
level of risk that shall be based on other loan products--
``(aa) of similar size;
``(bb) that use similar lenders; and
``(cc) that are intended to reach similar borrowers;
``(IV) determine the credit score of a small business
concern under which the Administration is required to
underwrite a loan provided to the small business concern
under the program and the loan may not be made using the
delegated authority of a covered institution;
``(V) require each covered institution that sells loans
made under the program on the secondary market to establish a
loan loss reserve fund, which--
``(aa) with respect to covered institutions in good
standing, including the covered institutions described in
subparagraph (F), shall be maintained at a level equal to 3
percent of the outstanding guaranteed portion of the loans;
and
``(bb) with respect to any other covered institution, shall
be maintained at a level equal to 5 percent of the
outstanding guaranteed portion of the loans; and
``(VI) allow the Administrator to require additional
amounts to be deposited into a loan loss reserve fund
established by a covered institution under subclause (V)
based on the risk characteristics or performance of the
covered institution and the loan portfolio of the covered
institution.
``(ii) Termination of pilot program.--Beginning on the date
on which the regulations promulgated by the Administrator
under clause (i) take effect, the Administrator may not carry
out the Community Advantage Pilot Program of the
Administration.
``(L) GAO report.--Not later than 3 years after the date of
enactment of this paragraph, the Comptroller General of the
United States shall submit to the Administrator, the
Committee on Small Business and Entrepreneurship of the
Senate, and the Committee on Small Business of the House of
Representatives a report--
``(i) assessing--
``(I) the extent to which the program fulfills the
requirements of this paragraph; and
``(II) the performance of covered institutions
participating in the program; and
``(ii) providing recommendations on the administration of
the program and the findings under subclauses (I) and (II) of
clause (i).
``(M) Working group.--
``(i) In general.--Not later than 90 days after the date of
enactment of this paragraph, the Administrator shall
establish a Community Advantage Working Group, which shall--
``(I) include--
``(aa) a geographically diverse representation of members
from among covered institutions participating in the program;
and
``(bb) representatives from--
``(AA) the Office of Capital Access of the Administration,
including the Office of Credit Risk Management, and the
Office of Financial Assistance; and
``(BB) the Office of Emerging Markets;
``(II) develop recommendations on how the Administration
can effectively manage, support, and promote the program and
the mission of the program;
``(III) establish metrics of success and benchmarks that
reflect the mission and population served by covered
institutions under the program, which the Administration
shall use to evaluate the performance of those covered
institutions;
``(IV) institute regular and sustainable systems of
communication between the Administration and covered
institutions participating in the program; and
``(V) establish criteria for covered institutions regarding
when those institutions should provide technical assistance
to borrowers under the program and the scope of that
technical assistance.
``(ii) Report.--Not later than 180 days after the date of
enactment of this paragraph, the Administrator shall submit
to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House
of Representatives a report that includes--
``(I) the recommendations of the Community Advantage
Working Group established under clause (i); and
``(II) a recommended plan and timeline for implementation
of those recommendations.''.
SEC. 4102. SPURRING INNOVATION IN UNDERSERVED MARKETS.
(a) In General.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) by redesignating section 49 (15 U.S.C. 631 note) as
section 50; and
(2) by inserting after section 48 (15 U.S.C. 657u) the
following:
``SEC. 49. INNOVATION CENTERS PROGRAM.
``(a) Definitions.--In this section:
``(1) Accelerator.--The term `accelerator' means an
organization--
``(A) that--
``(i) works with a startup or growing small business
concern for a predetermined period; and
``(ii) provides mentorship and instruction to scale
businesses; and
``(B) that may--
``(i) provide, but is not exclusively designed to provide,
seed investment in exchange for a small amount of equity; and
``(ii) offer startup capital or the opportunity to raise
capital from outside investors.
``(2) Federally recognized area of economic distress.--The
term `federally recognized area of economic distress' means--
``(A) a HUBZone; or
``(B) an area that has been designated as--
``(i) an empowerment zone under section 1391 of the
Internal Revenue Code of 1986;
``(ii) a qualified opportunity zone under section 1400Z-1
of the Internal Revenue Code of 1986;
``(iii) a Promise Zone by the Secretary of Housing and
Urban Development; or
``(iv) a low-income neighborhood or moderate-income
neighborhood for purposes of the Community Reinvestment Act
of 1977 (12 U.S.C. 2901 et seq.).
``(3) Growing; newly established; startup.--The terms
`growing', `newly established', and `startup', with respect
to a small business concern, mean growing, newly established,
and startup, respectively, within the meaning given those
terms under section 7(m).
``(4) Incubator.--The term `incubator' means an
organization--
``(A) that--
``(i) tends to work with startup and newly established
small business concerns; and
[[Page S7741]]
``(ii) provides mentorship to startup and newly established
small business concerns; and
``(B) that may--
``(i) provide a co-working environment or a month-to-month
lease program; and
``(ii) work with a startup or newly established small
business concern for a predetermined period or an open-ended
period.
``(5) Individuals with a disability.--The term `individuals
with a disability' means more than one individual with a
disability, as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(6) Eligible entity.--The term `eligible entity' means--
``(A) an institution described in any of paragraphs (1)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a));
``(B) a junior or community college, as defined in section
312 of the Higher Education Act of 1965 (20 U.S.C. 1058); or
``(C) any nonprofit organization associated with an entity
described in subparagraph (A) or (B).
``(7) Rural area.--The term `rural area' has the meaning
given that term in section 7(m)(11).
``(8) Socially and economically disadvantaged
individuals.--The term `socially and economically
disadvantaged individual' means a socially and economically
disadvantaged individual within the meaning given that term
under section 8(d)(3)(C).
``(b) Establishment.--Not later than 18 months after the
date of enactment of the Economic Justice Act, the
Administrator shall develop and begin implementing a program
(to be known as the `Innovation Centers Program') to enter
into cooperative agreements with eligible entities under this
section.
``(c) Purposes.--The purposes of the Innovation Centers
Program are to--
``(1) stimulate economic growth in underserved communities
by creating good paying jobs and pathways to prosperity,
which are especially important in times of economic downturn;
``(2) increase prospects for success for small business
concerns in underserved communities, which often suffer from
higher business failure rates than the national average;
``(3) help create a pipeline for small business concerns in
underserved and rural markets into high-growth sectors, where
they are generally underrepresented;
``(4) help address the multi-decade decline in the rate of
new business creation;
``(5) close the gaps that underserved small business
concerns often have in terms of revenue and number of
employees, which represent lost opportunity for the economy;
and
``(6) encourage collaboration between the Administration
and institutions of higher learning that serve low-income and
minority communities.
``(d) Authority.--
``(1) In general.--The Administrator may--
``(A) enter into cooperative agreements to provide
financial assistance to eligible entities to conduct 5-year
projects for the benefit of startup, newly established, or
growing small business concerns; and
``(B) renew a cooperative agreement entered into under this
section for additional 3-year periods, in accordance with
paragraph (3).
``(2) Project requirements.--A project conducted under a
cooperative agreement under this section shall--
``(A) include operating as an accelerator, an incubator, or
any other small business innovation-focused project as the
Administrator approves;
``(B) be carried out in such locations as to provide
maximum accessibility and benefits to the small business
concerns that the project is intended to serve;
``(C) have a full-time staff, including a full-time
director who shall--
``(i) have the authority to make expenditures under the
budget of the project; and
``(ii) manage the activities carried out under the project;
``(D) include the joint provision of programs and services
by the eligible entity and the Administration, which--
``(i) shall be jointly developed, negotiated, and agreed
upon, with full participation of both parties, pursuant to an
executed cooperative agreement between the eligible entity
and the Administration; and
``(ii) shall include--
``(I) 1-to-1 individual counseling as described in section
21(c)(3)(A); and
``(II) a formal, structured mentorship program;
``(E) incorporate continuous upgrades and modifications to
the services and programs offered under the project, as
needed to meet the changing and evolving needs of the
business community;
``(F) involve working with underserved groups, which
include--
``(i) women;
``(ii) socially and economically disadvantaged individuals;
``(iii) veterans;
``(iv) individuals with disabilities; or
``(v) startup, newly established, or growing small business
concerns located in rural areas;
``(G) not impose or otherwise collect a fee or other
compensation in connection with participation in the programs
and services described in subparagraph (D)(ii); and
``(H) ensure that small business concerns participating in
the project have access, including through resource partners,
to information concerning Federal, State, and local
regulations that affect small business concerns.
``(3) Continued funding.--
``(A) In general.--An eligible entity that enters into an
initial cooperative agreement or a renewal of a cooperative
under paragraph (1) may submit an application for a 3-year
renewal of the cooperative agreement at such time, in such
manner, and accompanied by such information as the
Administrator may establish.
``(B) Application and approval criteria.--
``(i) Criteria.--The Administrator shall develop and
publish criteria for the consideration and approval of
applications for renewals by eligible entities under this
paragraph, which shall take into account the structure and
the stated goals of the project.
``(ii) Notification.--Not later than 60 days after the date
of the deadline to submit applications for each fiscal year,
the Administrator shall approve or deny any application under
this paragraph and notify the applicant for each such
application.
``(C) Priority.--In allocating funds made available for
cooperative agreements under this section, the Administrator
shall give applications under this paragraph priority over
first-time applications for cooperative agreements under
paragraph (1)(A).
``(4) Limit on use of funds.--Amounts received by an
eligible entity under a cooperative agreement under this
section may not be used to provide capital to a participant
in the project carried out under the cooperative agreement.
``(5) Scope of authority.--
``(A) Subject to appropriations.--The authority of the
Administrator to enter into cooperative agreements under this
section shall be in effect for each fiscal year only to the
extent and in the amounts as are provided in advance in
appropriations Acts.
``(B) Suspension, termination, and failure to renew or
extend.--After the Administrator has entered into a
cooperative agreement with an eligible entity under this
section, the Administrator shall not suspend, terminate, or
fail to renew or extend the cooperative agreement unless the
Administrator provides the eligible entity with written
notification setting forth the reasons therefore and affords
the eligible entity an opportunity for a hearing, appeal, or
other administrative proceeding under chapter 5 of title 5,
United States Code.
``(e) Criteria.--
``(1) In general.--The Administrator shall--
``(A) establish and rank in terms of relative importance
the criteria the Administrator shall use in awarding
cooperative agreements under this section, which shall
include--
``(i) whether the proposed project will be located in--
``(I) a federally recognized area of economic distress;
``(II) a rural area; or
``(III) an area lacking sufficient entrepreneurial
development resources, as determined by the Administrator;
and
``(ii) whether the proposed project demonstrates a
commitment to partner with core stakeholders working with
small business concerns in the relevant area, including--
``(I) investment and lending organizations;
``(II) nongovernmental organizations;
``(III) programs of State and local governments that are
concerned with aiding small business concerns;
``(IV) Federal agencies; and
``(V) for-profit organizations with an expertise in small
business innovation;
``(B) make publicly available, including on the website of
the Administration, and state in each solicitation for
applications for cooperative agreements under this section
the selection criteria and ranking established under
subparagraph (A); and
``(C) evaluate and rank applicants for cooperative
agreements under this section in accordance with the
selection criteria and ranking established under subparagraph
(A).
``(2) Contents.--The criteria established under paragraph
(1)(A)--
``(A) for eligible entities that have in operation an
accelerator, incubator, or other small business innovation-
focused project shall include the record of the eligible
entity in assisting growing, newly established, and startup
small business concerns, including, for each of the 3 full
years before the date on which the eligible entity applies
for a cooperative agreement under this section, or if the
accelerator, incubator, or other small business innovation-
focused project has been in operation for less than 3 years,
for the most recent full year the accelerator, incubator, or
other small business innovation-focused project was in
operation--
``(i) the number and retention rate of growing, newly
established, and startup business concerns in the program of
the eligible entity;
``(ii) the average period of participation by growing,
newly established, and startup small business concerns in the
program of the eligible entity;
``(iii) the total and median capital raised by growing,
newly established, and startup small business concerns
participating in the program of the eligible entity;
``(iv) the number of investments or loans received by
growing, newly established, and startup small business
concerns participating in the program of the eligible entity;
and
[[Page S7742]]
``(v) the total and median number of employees of growing,
newly established, and startup small business concerns
participating in the program of the eligible entity; and
``(B) for all eligible entities--
``(i) shall include whether the eligible entity--
``(I) indicates the structure and goals of the project;
``(II) demonstrates ties to the business community;
``(III) describes the capabilities of the project,
including coordination with local resource partners and local
or national lending partners of the Administration;
``(IV) addresses the unique business and economic
challenges faced by the community in which the eligible
entity is located and businesses in that community; and
``(V) provides a proposed budget and plan for use of funds;
and
``(ii) may include any other criteria determined
appropriate by the Administrator.
``(f) Program Examination.--
``(1) In general.--The Administrator shall--
``(A) develop and implement an annual programmatic and
financial examination of each project conducted under this
section, under which each eligible entity entering into a
cooperative agreement under this section shall provide to the
Administrator--
``(i) an itemized cost breakdown of actual expenditures for
costs incurred during the preceding year; and
``(ii) documentation regarding--
``(I) the amount of matching assistance from non-Federal
sources obtained and expended by the eligible entity during
the preceding year in order to meet the matching requirement;
and
``(II) with respect to any in-kind contributions that were
used to satisfy the matching requirement, verification of the
existence and valuation of those contributions; and
``(B) analyze the results of each examination conducted
under subparagraph (A) and, based on that analysis, make a
determination regarding the programmatic and financial
viability of each eligible entity.
``(2) Conditions for continued funding.--In determining
whether to continue or renew a cooperative agreement under
this section, the Administrator--
``(A) shall consider the results of the most recent
examination of the project under paragraph (1); and
``(B) may terminate or not renew a cooperative agreement,
if the Administrator determines that the eligible entity has
failed to provide any information required to be provided
(including information provided for the purpose of the annual
report by the Administrator under subsection (n)) or the
information provided by the eligible entity is inadequate.
``(g) Training and Technical Assistance.--The
Administrator--
``(1) shall provide in person or online training and
technical assistance to each eligible entity entering into a
cooperative agreement under this section at the beginning of
the participation of the eligible entity in the Innovation
Centers Program, or as requested by the eligible entity, in
order to build the capacity of the eligible entity and ensure
compliance with procedures established by the Administrator;
``(2) shall ensure that the training and technical
assistance described in paragraph (1) is provided at no cost
or at a low cost; and
``(3) may enter into a contract to provide the training or
technical assistance described in paragraph (1) with 1 or
more organizations with expertise in the entrepreneurial
development programs of the Administration, innovation, and
entrepreneurial development.
``(h) Coordination.--In carrying out a project under this
section, an eligible entity may coordinate with--
``(1) resource and lending partners of the Administration;
``(2) programs of State and local governments that are
concerned with aiding small business concerns; and
``(3) other Federal agencies, including to provide services
to and assist small business concerns in participating in the
SBIR and STTR programs, as defined in section 9(e).
``(i) Funding Limit.--The amount of financial assistance
provided to an eligible entity under a cooperative agreement
entered into under this section shall be not more than
$400,000 during each year.
``(j) Matching Requirement.--
``(1) In general.--An eligible entity shall contribute
toward the cost of the project carried out under the
cooperative agreement under this section an amount equal to
50 percent of the amount received under the cooperative
agreement.
``(2) In-kind contributions.--Not more than 75 percent of
the contribution of an eligible entity under paragraph (1)
may be in the form of in-kind contributions.
``(3) Waiver.--
``(A) In general.--If the Administrator determines that an
eligible entity is unable to meet the contribution
requirement under paragraph (1), the Administrator may reduce
the required contribution.
``(B) Presumption.--
``(i) In general.--The Administration shall, by regulation,
establish criteria to determine which eligible entities are
presumed to be unable to meet the contribution requirement
under paragraph (1).
``(ii) Stakeholders.--In establishing the criteria under
clause (i), the Administrator shall work with stakeholders
immediately impacted by the criteria.
``(iii) Periodic review.--The Administration shall
periodically, but not less than once every 5 years, review
the criteria established under clause (i) to ensure that the
criteria align with economic conditions.
``(4) Failure to obtain non-federal funding.--If an
eligible entity fails to obtain the required non-Federal
contribution during any project, or the reduced non-Federal
contribution as determined by the Administrator--
``(A) the eligible entity shall not be eligible thereafter
for any other project for which it is or may be funded by the
Administration; and
``(B) prior to approving assistance for the eligible entity
for any other projects, the Administrator shall specifically
determine whether the Administrator believes that the
eligible entity will be able to obtain the requisite non-
Federal funding and enter a written finding setting forth the
reasons for making that determination.
``(5) Rule of construction.--The demonstrated inability of
an eligible entity to meet the contribution requirement under
paragraph (1) shall not disqualify the eligible entity from
entering into a cooperative agreement under this section.
``(k) Contract Authority.--
``(1) In general.--An eligible entity may enter into a
contract with a Federal department or agency to provide
specific assistance to startup, newly established, or growing
small business concerns.
``(2) Performance.--Performance of a contract entered into
under paragraph (1) may not hinder the eligible entity in
carrying out the terms of the cooperative agreement under
this section.
``(3) Exemption from matching requirement.--A contract
entered into under paragraph (1) shall not be subject to the
matching requirement under subsection (j).
``(4) Additional provision.--Notwithstanding any other
provision of law, a contract for assistance under paragraph
(1) shall not be applied to any Federal department or
agency's small business, woman-owned business, or socially
and economically disadvantaged business contracting goal
under section 15(g).
``(l) Privacy Requirements.--
``(1) In general.--An eligible entity may not disclose the
name, address, or telephone number of any individual or small
business concern receiving assistance under this section
without the consent of such individual or small business
concern, unless--
``(A) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal enforcement
action initiated by a Federal or State agency; or
``(B) the Administrator considers such a disclosure to be
necessary for the purpose of conducting a financial audit of
an eligible entity, but a disclosure under this subparagraph
shall be limited to the information necessary for such audit.
``(2) Administration use of information.--This subsection
shall not--
``(A) restrict Administration access to program activity
data; or
``(B) prevent the Administration from using client
information (other than the information described in
subparagraph (A)) to conduct client surveys.
``(3) Regulations.--The Administrator shall issue
regulations to establish standards for requiring disclosures
during a financial audit under paragraph (1)(B).
``(m) Publication of Information.--The Administrator
shall--
``(1) publish information about the program under this
section online, including--
``(A) on the website of the Administration; and
``(B) on the social media of the Administration; and
``(2) request that the resource and lending partners of the
Administration and the district offices of the Administration
publicize the program.
``(n) Annual Reporting.--Not later than 1 year after the
date on which the Administrator establishes the program under
this section, and every year thereafter, the Administrator
shall submit to Congress a report on the activities under the
program, including--
``(1) a list of all eligible entities participating in the
program;
``(2) the number of startup, newly established, and growing
small business concerns participating in the project carried
out by each eligible entity under a cooperative agreement
under this section (in this paragraph referred to as
`participants'), including a breakdown of the owners of the
participants by race, gender, veteran status, and urban
versus rural location;
``(3) the retention rate for participants;
``(4) the total and median amount of capital accessed by
participants, including the type of capital accessed;
``(5) the total and median number of employees of
participants;
``(6) the number and median wage of jobs created by
participants;
``(7) the number of jobs sustained by participants; and
``(8) information regarding such other metrics as the
Administrator determines appropriate.
``(o) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
[[Page S7743]]
``(A) $4,000,000 for the first fiscal year beginning after
the date of enactment of the Economic Justice Act;
``(B) $7,500,000 for the second fiscal year beginning after
such date of enactment; and
``(C) $12,000,000 for each of the third, fourth, and fifth
fiscal years beginning after such date of enactment.
``(2) Administrative expenses.--Of the amount made
available to carry out this section for any fiscal year, not
more than 10 percent may be used by the Administrator for
administrative expenses.''.
(b) Regulations.--The Administrator shall promulgate
regulations to carry out section 49 of the Small Business
Act, as added by subsection (a).
SEC. 4103. OFFICE OF EMERGING MARKETS.
Section 7 of the Small Business Act (15 U.S.C. 636) is
amended by adding at the end the following:
``(o) Office of Emerging Markets.--
``(1) Purpose.--The purpose of this office is to reduce the
access to capital gap by providing an integrated approach to
the development of small business concerns in underserved
markets, including minority- and women-owned businesses,
implementing strategy and providing guidance so they do not
get left behind.
``(2) Definitions.--In this subsection--
``(A) the term `Associate Administrator' means the
Associate Administrator of the Office of Capital Access of
the Administration;
``(B) the term `Director' means the Director of the Office
of Emerging Markets;
``(C) the term `microloan program' means the program
described in subsection (m);
``(D) the terms `new business' and `small business concern
in an underserved market' have the meanings given those terms
in subsection (a)(37);
``(E) the term `Reservist' means a member of a reserve
component of the Armed Forces named in section 10101 of title
10, United States Code;
``(F) the term `rural area' has the meaning given the term
in subsection (m)(11);
``(G) the term `service-connected' has the meaning given
the term in section 101 of title 38, United States Code; and
``(H) the term `small business concern owned and controlled
by socially and economically disadvantaged individuals' has
the meaning given the term in section 8(d)(3)(C).
``(3) Establishment.--There is established within the
Administration the Office of Emerging Markets, which shall
be--
``(A) under the general management and oversight of the
Administration; and
``(B) responsible for the planning, coordination,
implementation, evaluation, and improvement of the efforts of
the Administrator to enhance the economic well-being of small
business concerns in an underserved market.
``(4) Purposes.--The purposes of the Office of Emerging
Markets are--
``(A) to provide the Administration with an integrated
approach to the development of small business concerns in an
underserved market;
``(B) to reignite economic opportunity for underserved
markets, particularly after an economic downturn; and
``(C) to oversee the expansion of access to capital
programs that meet the needs of underserved markets.
``(5) Director.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Administrator shall
appoint a Director of the Office of Emerging Markets, who
shall--
``(i) supervise the Office of Emerging Markets and report
to the Associate Administrator; and
``(ii) be in the Senior Executive Service.
``(B) Duties.--The Director shall--
``(i) create and implement strategies and programs that
provide an integrated approach to the development of small
business concerns in an underserved market;
``(ii) develop and recommend policies concerning the
microloan program and any other access to capital program of
the Administration, as such programs pertain to small
business concerns in an underserved market;
``(iii) establish partnerships to advance the goal of
improving the economic success of small business concerns in
an underserved market;
``(iv) review the effectiveness and impact of the microloan
program and any other access to capital program of the
Administration that is targeted to serve small business
concerns in an underserved market; and
``(v) within 1 year of the establishment of the Office--
``(I) create a proposal, in collaboration with lenders
under section 7(a) and any association that represents those
lenders, for how those lenders should incorporate alternative
metrics to traditional credit scores for the purposes of
determining approvals under section 7(a); and
``(II) put forward a public plan for how the Administration
will adequately reach the access to capital needs of
underserved markets.
``(C) Consultation.--In carrying out the duties under this
paragraph, the Director shall consult with district offices
of the Administration.''.
SEC. 4104. SBIC DIVERSITY WORKING GROUP.
(a) Definitions.--In this section--
(1) the term ``Administration'' means the Small Business
Administration;
(2) the term ``Administrator'' means the Administrator of
the Administration; and
(3) the term ``small business investment company'' has the
meaning given the term in section 103 of the Small Business
Investment Act of 1958 (15 U.S.C. 662).
(b) Working Group.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish an
SBIC Diversity Working Group (referred to in this subsection
as the ``Working Group''), which shall--
(A) include--
(i) representatives among general partners of small
business investment companies with a demonstrated record of
promoting diversity at those companies;
(ii) representatives from small business investment
companies with a demonstrated record of investing in small
business concerns with not less than 1 owner or president who
is socially or economically disadvantaged, as determined
under section 8(a) of the Small Business Act (15 U.S.C.
637(a));
(iii) representatives from small business investment
companies with substantial experience with respect to the
program carried out under title III of the Small Business
Investment Act of 1958 (15 U.S.C. 681 et seq.);
(iv) representatives from the Office of Investment and
Innovation of the Administration; and
(v) representatives from the investment industry and
academia with expertise in developing and monitoring
diversity in the investment industry;
(B) develop recommendations regarding how the Administrator
could increase the number of--
(i) applicants to become small business investment
companies, the management of which includes individuals who
are socially or economically disadvantaged; and
(ii) the number of general partners at small business
investment companies who are socially or economically
disadvantaged individuals;
(C) develop recommendations for paid internships at the
Office of Investment and Innovation of the Administration and
paid apprenticeships at small business investment companies
to build a pipeline of investment managers who are diverse;
(D) develop incentives for small business investment
companies to invest in socially and economically
disadvantaged small business concerns, as defined in section
8(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A));
and
(E) establish metrics of success, and benchmarks for
success, with respect to the goals described in this section.
(2) Availability of meetings.--The Working Group may make
the meetings of the Working Group open to the public without
regard to whether those meetings are held in-person,
virtually, or by some other means.
(3) Report.--Not later than 270 days after the date of
enactment of this Act, the Working Group shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report that includes--
(A) the recommendations of the Working Group developed
under paragraph (1); and
(B) a recommended plan and timeline for implementing the
recommendations described in subparagraph (A).
(4) Termination.--The Working Group shall terminate on the
date on which the Working Group submits the report required
under paragraph (3).
(5) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the Working Group or the activities of
the Working Group.
Subtitle B--Minority Business Resiliency
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Minority Business
Resiliency Act of 2020''.
SEC. 4202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) During times of economic downturn or recession,
communities of color, and businesses within those
communities, are generally more adversely affected, which
requires an expansion of the ability of the Federal
Government to infuse resources into those communities.
(2) Despite the growth in the number of minority business
enterprises, gaps remain with respect to key metrics for
those enterprises, such as access to capital, revenue, number
of employees, and survival rate. Specifically--
(A) according to the Department of Commerce, minority
business enterprises are 2 to 3 times more likely to be
denied loans than non-minority business enterprises;
(B) according to the Bureau of the Census, the average non-
minority business enterprise reports receipts that are more
than 3 times higher than receipts reported by the average
minority business enterprise; and
(C) according to the Kauffman Foundation--
(i) minority business enterprises are \1/2\ as likely to
employ individuals, as compared with non-minority business
enterprises; and
(ii) if minorities started and owned businesses at the same
rate as non-minorities, the United States economy would have
more than 1,000,000 additional employer businesses and more
than 9,500,000 additional jobs.
(3) Because of the conditions described in paragraph (2),
it is in the interest of the United States and the economy of
the United
[[Page S7744]]
States to expeditiously ameliorate the disparities that
minority business enterprises experience.
(4) Many individuals who own minority business enterprises
are socially disadvantaged because those individuals identify
as members of certain groups that have suffered the effects
of discriminatory practices or similar circumstances over
which those individuals have no control, including
individuals who are--
(A) Black or African American;
(B) Hispanic or Latino;
(C) American Indian or Alaska Native;
(D) Asian; and
(E) Native Hawaiian or other Pacific Islander.
(5) Discriminatory practices and similar circumstances
described in paragraph (4) are a significant determinant of
overall economic disadvantage in the United States, which is
evident in the persistent racial wealth gap in the United
States.
(6) While other Federal agencies focus only on small
businesses and businesses that represent a broader
demographic than solely minority business enterprises, the
Agency focuses exclusively on--
(A) the unique needs of minority business enterprises; and
(B) enhancing the capacity of minority business
enterprises.
(b) Purposes.--The purposes of this subtitle are to--
(1) require the Agency to promote and administer programs
in the public and private sectors to assist the development
of minority business enterprises; and
(2) achieve the development described in paragraph (1) by
authorizing the Assistant Secretary to carry out programs
that will result in increased access to capital, management,
and technology for minority business enterprises.
SEC. 4203. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``Agency'' means the Minority
Business Development Agency of the Department of Commerce.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Minority
Business Development who is appointed as described in section
4204(b) to administer this subtitle.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(4) Federally recognized area of economic distress.--The
term ``federally recognized area of economic distress''
means--
(A) a HUBZone, as that term is defined in section 31(b) of
the Small Business Act (15 U.S.C. 657a(b));
(B) an area that--
(i) has been designated as--
(I) an empowerment zone under section 1391 of the Internal
Revenue Code of 1986; or
(II) a Promise Zone by the Secretary of Housing and Urban
Development; or
(ii) is a low or moderate income area, as determined by the
Bureau of the Census;
(C) a qualified opportunity zone, as that term is defined
in section 1400Z-1 of the Internal Revenue Code of 1986; or
(D) any other political subdivision or unincorporated area
of a State determined by the Assistant Secretary to be an
area of economic distress.
(5) Indian tribe.--
(A) In general.--Subject to subparagraph (B), the term
``Indian Tribe'' has the meaning given the term ``Indian
tribe'' in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(B) Native hawaiian organization.--The term ``Indian
Tribe'' includes a Native Hawaiian organization.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) Minority business enterprise.--The term ``minority
business enterprise'' means a for-profit business
enterprise--
(A) that is not less than 51 percent-owned by 1 or more
socially disadvantaged individuals; and
(B) the management and daily business operations of which
are controlled by 1 or more socially disadvantaged
individuals.
(8) Private sector entity.--The term ``private sector
entity''--
(A) means an entity that is not a public sector entity; and
(B) does not include--
(i) the Federal Government;
(ii) any Federal agency; or
(iii) any instrumentality of the Federal Government.
(9) Public sector entity.--The term ``public sector
entity'' means--
(A) a State;
(B) an agency of a State;
(C) a political subdivision of a State; or
(D) an agency of a political subdivision of a State.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(11) Socially disadvantaged individual.--
(A) In general.--The term ``socially disadvantaged
individual'' means an individual who has been subjected to
racial or ethnic prejudice or cultural bias because of the
identity of the individual as a member of a group, without
regard to any individual quality of the individual that is
unrelated to that identity.
(B) Presumption.--In carrying out this subtitle, the
Assistant Secretary shall presume that the term ``socially
disadvantaged individual'' includes any individual who is--
(i) Black or African American;
(ii) Hispanic or Latino;
(iii) American Indian or Alaska Native;
(iv) Asian;
(v) Native Hawaiian or other Pacific Islander; or
(vi) a member of a group that the Minority Business
Development Agency determines under part 1400 of title 15,
Code of Federal Regulations, as in effect on November 23,
1984, is a socially disadvantaged group eligible to receive
assistance.
(12) State.--The term ``State'' means--
(A) each of the States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa;
(G) the Commonwealth of the Northern Mariana Islands; and
(H) each Indian Tribe.
SEC. 4204. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) In General.--There is within the Department of Commerce
the Minority Business Development Agency.
(b) Assistant Secretary.--
(1) Appointment and duties.--The Agency shall be headed by
an Assistant Secretary of Commerce for Minority Business
Development, who shall be--
(A) appointed by the President, by and with the advice and
consent of the Senate; and
(B) except as otherwise expressly provided, responsible for
the administration of this subtitle.
(2) Compensation.--The Assistant Secretary shall be
compensated at an annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(c) Report to Congress.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall submit to
Congress a report that describes--
(1) the organizational structure of the Agency;
(2) the organizational position of the Agency within the
Department of Commerce; and
(3) a description of how the Agency shall function in
relation to the operations carried out by each other
component of the Department of Commerce.
(d) Office of Business Centers.--
(1) Establishment.--There is established within the Agency
an Office of Business Centers.
(2) Director.--The Office of Business Centers shall be
administered by a Director, who shall be appointed by the
Assistant Secretary.
(e) Offices of the Agency.--
(1) In general.--The Assistant Secretary shall establish
such other offices within the Agency as are necessary to
carry out this subtitle.
(2) Regional offices.--
(A) In general.--In order to carry out this subtitle, the
Assistant Secretary may establish a regional office of the
Agency for each of the regions of the United States, as
determined by the Assistant Secretary.
(B) Duties.--Each regional office established under
subparagraph (A) shall expand the reach of the Agency and
enable the Federal Government to better serve the needs of
minority business enterprises in the region served by the
office, including by--
(i) understanding and participating in the business
environment of that region;
(ii) working with--
(I) Centers, as that term is defined in section 4232, that
are located in that region; and
(II) resource and lending partners of the Small Business
Administration that are located in that region;
(iii) being aware of business retention or expansion
programs specific to that region;
(iv) seeking out opportunities to collaborate with regional
public and private programs that focus on minority business
enterprises; and
(v) promoting business continuity and preparedness.
CHAPTER 1--COVID-19 RAPID RESPONSE
SEC. 4211. EMERGENCY APPROPRIATION.
There is appropriated to the Agency for fiscal year 2021,
out of any money in the Treasury not otherwise appropriated,
$60,000,000 to provide assistance to minority business
enterprises affected by the economic downturn caused by the
COVID-19 pandemic, which shall remain available until
expended.
CHAPTER 2--EXISTING INITIATIVES
Subchapter A--Market Development, Research, and Information
SEC. 4221. PRIVATE SECTOR DEVELOPMENT.
The Assistant Secretary shall, whenever the Assistant
Secretary determines such action is necessary or
appropriate--
(1) assist minority business enterprises to penetrate
domestic and foreign markets by making available to those
business enterprises, either directly or in cooperation with
private sector entities, including community-based
organizations and national nonprofit organizations--
(A) resources relating to management;
(B) technological assistance;
(C) financial and marketing services; and
(D) services relating to workforce development;
(2) encourage minority business enterprises to establish
joint ventures and projects--
(A) with other minority business enterprises; or
(B) in cooperation with public sector entities or private
sector entities, including
[[Page S7745]]
community-based organizations and national nonprofit
organizations, to increase the share of any market activity
being performed by minority business enterprises; and
(3) facilitate the efforts of private sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 4222. PUBLIC SECTOR DEVELOPMENT.
The Assistant Secretary shall, whenever the Assistant
Secretary determines such action is necessary or
appropriate--
(1) consult and cooperate with public sector entities for
the purpose of leveraging resources available in the
jurisdictions of those public sector entities to promote the
position of minority business enterprises in the local
economies of those public sector entities, including by
assisting public sector entities to establish or enhance--
(A) programs to procure goods and services through minority
business enterprises and goals for that procurement;
(B) programs offering assistance relating to--
(i) management;
(ii) technology;
(iii) financing;
(iv) marketing; and
(v) workforce development; and
(C) informational programs designed to inform minority
business enterprises located in the jurisdictions of those
public sector entities about the availability of programs
described in this section;
(2) meet with leaders and officials of public sector
entities for the purpose of recommending and promoting local
administrative and legislative initiatives needed to advance
the position of minority business enterprises in the local
economies of those public sector entities; and
(3) facilitate the efforts of public sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 4223. RESEARCH AND INFORMATION.
(a) In General.--In order to achieve the purposes of this
subtitle, the Assistant Secretary--
(1) shall--
(A) collect and analyze data, including data relating to
the causes of the success or failure of minority business
enterprises;
(B) perform evaluations of programs carried out by Federal
agencies with an emphasis on increasing coordination between
Federal agencies with respect to the development of minority
business enterprises; and
(C) conduct research, studies, and surveys of--
(i) economic conditions generally in the United States; and
(ii) how the conditions described in clause (i)
particularly affect the development of minority business
enterprises; and
(2) may, at the request of a public sector entity or a
private sector entity, perform an evaluation of programs
carried out by the entity that are designed to assist the
development of minority business enterprises.
(b) Information Clearinghouse.--The Assistant Secretary
shall--
(1) establish and maintain an information clearinghouse for
the collection and dissemination of demographic, economic,
financial, managerial, and technical data relating to
minority business enterprises; and
(2) take such steps as the Assistant Secretary may
determine to be necessary and desirable to search for,
collect, classify, coordinate, integrate, record, and catalog
the data described in paragraph (1).
Subchapter B--Minority Business Development Center Program
SEC. 4231. PURPOSE.
The purpose of the MBDC Program shall be to create a
national network of public-private partnerships that--
(1) assist minority business enterprises to--
(A) access capital and contracts; and
(B) create and maintain jobs;
(2) provide counseling and mentoring to minority business
enterprises; and
(3) facilitate the growth of minority business enterprises
by promoting trade.
SEC. 4232. DEFINITIONS.
In this subtitle:
(1) Center.--The term ``Center'' means an eligible entity
that enters into an MBDC agreement with the Assistant
Secretary.
(2) Eligible entity.--Except as otherwise expressly
provided, the term ``eligible entity''--
(A) means--
(i) a private sector entity; or
(ii) a public sector entity; and
(B) includes an institution of higher education.
(3) MBDC agreement.--The term ``MBDC agreement'' means a
collaborative agreement entered into between the Assistant
Secretary and a Center under the MBDC Program.
(4) MBDC program.--The term ``MBDC Program'' means the
program established under section 4233.
SEC. 4233. ESTABLISHMENT.
(a) In General.--Subject to subsection (b), there is
established in the Agency a program--
(1) that shall be known as the Minority Business
Development Centers Program;
(2) that shall be separate and distinct from the efforts of
the Assistant Secretary under section 4221; and
(3) under which the Assistant Secretary shall enter into
cooperative agreements with eligible entities under which, in
accordance with section 4234--
(A) the eligible entities shall provide technical
assistance and business development services to minority
business enterprises; and
(B) the Assistant Secretary shall provide financial
assistance to the eligible entities to carry out the
activities described in subparagraph (A).
(b) Coverage.--The Assistant Secretary shall take all
necessary actions to ensure that the MBDC Program, in
accordance with section 4234, offers the services described
in subsection (a)(3)(A) in all regions of the United States.
(c) Scope of Authority.--The authority of the Assistant
Secretary to enter into MBDC agreements shall be effective
each fiscal year only to the extent that amounts are made
available to the Assistant Secretary under applicable
appropriations Acts.
SEC. 4234. COOPERATIVE AGREEMENTS.
(a) Requirements.--A Center shall, using financial
assistance awarded to the Center under an MBDC agreement--
(1) provide to minority business enterprises programs and
services determined to be appropriate by the Assistant
Secretary, which--
(A) shall include referral services to meet the needs of
minority business enterprises; and
(B) may include programs and services to accomplish the
goals described in section 4221(1);
(2) develop, cultivate, and maintain a network of strategic
partnerships with organizations that foster access by
minority business enterprises to economic markets or
contracts;
(3) continue to upgrade and modify the services provided by
the Center, as necessary, in order to meet the changing and
evolving needs of the business community;
(4) collaborate with other Centers; and
(5) in providing programs and services under the MBDC
agreement--
(A) operate on a fee-for-service basis; and
(B) generate income through the collection of--
(i) client fees;
(ii) membership fees;
(iii) success fees; and
(iv) any other appropriate fees proposed by the Center in
the application submitted by the Center for the MBDC
agreement.
(b) Term.--Subject to subsection (g), the term of an MBDC
agreement shall be 3 years.
(c) Financial Assistance.--
(1) Minimum amount.--Subject to paragraph (2), the amount
of financial assistance provided by the Assistant Secretary
under an MBDC agreement shall be not less than $250,000 for
the term of the MBDC agreement.
(2) Additional amounts.--In determining whether to award
financial assistance under an MBDC agreement to a Center in
an amount greater than $250,000, the Assistant Secretary
shall take into consideration the cost of living and the size
of the population in the area in which the Center is located.
(3) Matching requirement.--
(A) In general.--A Center shall match not less than \1/3\
of the amount of the financial assistance awarded to the
Center under an MBDC agreement.
(B) Form of funds.--A Center may meet the matching
requirement under subparagraph (A) using cash or in-kind
contributions, without regard to whether the contribution is
made by a third party.
(4) Use of financial assistance and program income.--A
Center shall use--
(A) all financial assistance awarded to the Center under an
MBDC agreement to carry out the requirements under subsection
(a); and
(B) all income that the Center generates in carrying out
the requirements under subsection (a)--
(i) to meet the matching requirement under paragraph (3) of
this subsection; and
(ii) if the Center meets the matching requirement under
paragraph (3) of this subsection, to carry out the
requirements under subsection (a).
(d) Criteria for Selection.--The Assistant Secretary
shall--
(1) establish--
(A) criteria that--
(i) the Assistant Secretary shall use in determining
whether to enter into an MBDC agreement with an eligible
entity; and
(ii) may include criteria relating to whether an eligible
entity is located in--
(I) an area, the population of which is composed of not
less than 51 percent socially disadvantaged individuals;
(II) a federally recognized area of economic distress; or
(III) a State that is underserved with respect to the MBDC
program, as defined by the Assistant Secretary; and
(B) standards relating to the consideration given to the
criteria established under subparagraph (A); and
(2) make the criteria and standards established under
paragraph (1) publicly available, including--
(A) on the website of the Agency; and
(B) in each solicitation for applications for MBDC
agreements.
(e) Applications.--An eligible entity desiring to enter
into an MBDC agreement shall submit to the Assistant
Secretary an application that includes--
(1) a statement of--
(A) how the eligible entity will meet the requirements
under subsection (a); and
(B) any experience of the eligible entity in--
(i) assisting minority business enterprises to--
(I) obtain--
[[Page S7746]]
(aa) large-scale contracts or procurements; or
(bb) financing;
(II) access established supply chains; and
(III) engage in--
(aa) joint ventures, teaming arrangements, and mergers and
acquisitions; or
(bb) large-scale transactions in global markets; and
(ii) advocating for minority business enterprises; and
(2) the budget and corresponding budget narrative that the
eligible entity will use in carrying out the requirements
under subsection (a) during the term of the MBDC agreement.
(f) Notification.--If the Assistant Secretary grants an
application of an eligible entity submitted under subsection
(e), the Assistant Secretary shall notify the eligible entity
that the application has been granted not later than 150 days
after the last day on which an application may be submitted
under that subsection.
(g) Program Examination; Accreditation; Extensions.--
(1) Examination.--Not later than 180 days after the date of
enactment of this Act, and biennially thereafter, the
Assistant Secretary shall conduct a programmatic financial
examination of each Center.
(2) Accreditation.--The Assistant Secretary may provide
financial support, by contract or otherwise, to an
association, not less than 51 percent of the members of which
are Centers, to--
(A) pursue matters of common concern with respect to
Centers; and
(B) develop an accreditation program with respect to
Centers.
(3) Extensions.--
(A) In general.--The Assistant Secretary may extend the
term under subsection (b) of an MBDC agreement to which a
Center is a party to a term of 5 years, if the Center
consents to the extension.
(B) Financial assistance.--If the Assistant Secretary
extends the term of an MBDC agreement under paragraph (1),
the Assistant Secretary shall, in the same manner and amount
in which financial assistance was provided during the initial
term of the MBDC agreement, provide financial assistance
under the MBDC agreement during the extended term of the MBDC
agreement.
(h) Priority.--In entering into MBDC agreements under the
MBDC Program and extending MBDC agreements under subsection
(g)(3), the Assistant Secretary shall give priority to
extending MBDC agreements under subsection (g)(3).
(i) Suspension, Termination, and Refusal to Extend.--
(1) In general.--
(A) In general.--The Assistant Secretary may suspend,
terminate, or refuse to extend the term of an MBDC agreement
on the basis of the poor performance by a Center in meeting
the performance goals established by the Secretary under
subparagraph (B).
(B) Performance goals.--The Assistant Secretary shall
establish performance goals by which to evaluate the
performance of a Center in meeting the requirements under
subsection (a).
(2) Notice.--Before suspending, terminating, or refusing to
extend the term of an MBDC agreement under paragraph (1), the
Assistant Secretary shall provide to the relevant Center--
(A) a written notice of the reasons for the suspension,
termination, or refusal; and
(B) an opportunity for a hearing, appeal, or other
administrative proceeding to contest the suspension,
termination, or refusal.
(j) MBDA Involvement.--The Assistant Secretary shall ensure
that the Agency is substantially involved in the activities
of Centers in carrying out the requirements under subsection
(a), including by--
(1) providing to each Center training relating to the MBDC
Program;
(2) requiring that the operator and staff of each Center--
(A) attend--
(i) a conference with the Agency to establish the services
and programs that the Center will provide in carrying out the
requirements before the date on which the Center begins
providing those services and programs; and
(ii) training provided under paragraph (1);
(B) receive necessary advising relating to carrying out the
requirements under subsection (a); and
(C) work in coordination and collaboration with the
Assistant Secretary to carry out the MBDC Program and other
programs of the Agency;
(3) facilitating connections between Centers and--
(A) Federal agencies other than the Agency, including the
Small Business Administration and the Economic Development
Administration of the Department of Commerce; and
(B) other institutions or entities that use Federal
resources, including--
(i) small business development centers, as that term is
defined in section 3(t) of the Small Business Act (15 U.S.C.
632(t));
(ii) women's business centers described in section 29 of
the Small Business Act (15 U.S.C. 656);
(iii) eligible entities, as that term is defined in section
2411 of title 10, United States Code, that provide services
under the program carried out under chapter 142 of that
title; and
(iv) entities participating in the Hollings Manufacturing
Extension Partnership Program established under section 25 of
the National Institute of Standards and Technology Act (15
U.S.C. 278k);
(4) monitoring projects carried out by each Center; and
(5) establishing and enforcing administrative and reporting
requirements for each Center to carry out the requirements
under subsection (a).
(k) Regulations.--The Assistant Secretary shall issue and
publish regulations that establish minimum standards
regarding verification of minority business enterprise status
for clients of entities operating under the MBDC Program.
SEC. 4235. MINIMIZING DISRUPTIONS TO EXISTING BUSINESS
CENTERS PROGRAM.
The Assistant Secretary shall ensure that each cooperative
agreement entered into under the Business Centers program of
the Agency that is in effect on the day before the date of
enactment of this Act is carried out in a manner that, to the
greatest extent practicable, prevents disruption of any
activity carried out under the cooperative agreement.
SEC. 4236. PUBLICITY.
In carrying out the MBDC Program, the Assistant Secretary
shall widely publicize the MBDC Program, including--
(1) on the website of the Agency; and
(2) via social media outlets.
SEC. 4237. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Assistant
Secretary $30,000,000 for each of fiscal years 2021 through
2024 to carry out the MBDC Program, including the component
of the program relating to Specialty Centers.
CHAPTER 3--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
SEC. 4241. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL
FORMATION.
(a) Responsibility of Agency.--Not later than 18 months
after the date of enactment of this Act, and annually
thereafter, the Agency shall conduct a Government-business
forum to review the current status of problems and programs
relating to capital formation by minority business
enterprises.
(b) Participation in Forum Planning.--The Assistant
Secretary shall invite the heads of other Federal agencies,
such as the Chairman of the Securities and Exchange
Commission, the Secretary of the Treasury, and the Chairman
of the Board of Governors of the Federal Reserve System,
organizations representing State securities commissioners,
representatives of leading minority chambers of commerce,
business organizations, and professional organizations
concerned with capital formation to participate in the
planning of each forum conducted under subsection (a).
(c) Preparation of Statements and Reports.--
(1) Requests.--The Assistant Secretary may request that any
head of a Federal department, agency, or organization,
including those described in subsection (b), or any other
group or individual, prepare a statement or report to be
delivered at any forum conducted under subsection (a).
(2) Cooperation.--Any head of a Federal department, agency,
or organization who receives a request under paragraph (1)
shall, to the greatest extent practicable, cooperate with the
Assistant Secretary to fulfill that request.
(d) Transmittal of Proceedings and Findings.--The Assistant
Secretary shall--
(1) prepare a summary of the proceedings of each forum
conducted under subsection (a), which shall include the
findings and recommendations of the forum; and
(2) transmit the summary described in paragraph (1) with
respect to each forum conducted under subsection (a) to--
(A) the participants in the forum;
(B) Congress; and
(C) the public, through a publicly available website.
(e) Review of Findings and Recommendations; Public
Statements.--
(1) In general.--A Federal agency to which a finding or
recommendation described in subsection (d)(1) relates shall--
(A) review that finding or recommendation; and
(B) promptly after the finding or recommendation is
transmitted under paragraph (2)(C) of subsection (d), issue a
public statement--
(i) assessing the finding or recommendation; and
(ii) disclosing the action, if any, the Federal agency
intends to take with respect to the finding or
recommendation.
(2) Joint statement permitted.--If a finding or
recommendation described in subsection (d)(1) relates to more
than 1 Federal agency, the applicable Federal agencies may,
for the purposes of the public statement required under
paragraph (1)(B), issue a joint statement.
SEC. 4242. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.
(a) Purpose.--The purpose of this section is to provide
information relating to alternative financing solutions to
minority business enterprises, as those business enterprises
are more likely to struggle in accessing, particularly at
affordable rates, traditional sources of capital.
(b) Study and Report.--Not later than 1 year after the date
of enactment of this Act, the Assistant Secretary shall--
[[Page S7747]]
(1) conduct a study on opportunities for providing
alternative financing solutions to minority business
enterprises; and
(2) submit to Congress, and publish on the website of the
Agency, a report describing the findings of the study carried
out under paragraph (1).
SEC. 4243. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND
ENTREPRENEURSHIP.
(a) Duties.--The Assistant Secretary shall, whenever the
Assistant Secretary determines such action is necessary or
appropriate--
(1) promote and provide assistance for the education and
training of socially disadvantaged individuals in subjects
directly relating to business administration and management;
(2) join with, and encourage, institutions of higher
education, leaders in business and industry, and other public
sector and private sector entities, particularly minority
business enterprises, to--
(A) develop programs to offer scholarships and fellowships,
apprenticeships, and internships relating to business to
socially disadvantaged individuals; and
(B) sponsor seminars, conferences, and similar activities
relating to business for the benefit of socially
disadvantaged individuals;
(3) stimulate and accelerate curriculum design and
improvement in support of development of minority business
enterprises; and
(4) encourage and assist private institutions and
organizations and public sector entities to undertake
activities similar to the activities described in paragraphs
(1), (2), and (3).
(b) Parren J. Mitchell Entrepreneurship Education Grants.--
(1) Definition.--In this subsection, the term ``eligible
institution'' means an institution of higher education
described in any of paragraphs (1) through (7) of section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(2) Grants.--The Assistant Secretary shall award grants to
eligible institutions to develop and implement
entrepreneurship curricula.
(3) Requirements.--An eligible institution that receives a
grant awarded under this subsection shall use the grant funds
to--
(A) develop a curriculum that includes training in various
skill sets needed by contemporary successful entrepreneurs,
including--
(i) business management and marketing;
(ii) financial management and accounting;
(iii) market analysis;
(iv) competitive analysis;
(v) innovation;
(vi) strategic planning; and
(vii) any other skill set that the eligible institution
determines is necessary for the students served by the
eligible institution and the community in which the eligible
institution is located; and
(B) implement the curriculum developed under subparagraph
(A) at the eligible institution.
(4) Implementation timeline.--The Assistant Secretary shall
establish and publish a timeline under which an eligible
institution that receives a grant under this section shall
carry out the requirements under paragraph (3).
(5) Reports.--Each year, the Assistant Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives, as part of the
annual budget submission of the President under section
1105(a) of title 31, United States Code, a report evaluating
the awarding and use of grants under this subsection during
the fiscal year immediately preceding the date on which the
report is submitted, which shall include, with respect to
that fiscal year--
(A) a description of each curriculum developed and
implemented under each grant awarded under this section;
(B) the date on which each grant awarded under this section
was awarded; and
(C) the number of eligible entities that were recipients of
grants awarded under this section.
CHAPTER 4--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
SEC. 4251. ADMINISTRATIVE POWERS.
(a) In General.--In carrying out this subtitle, the
Assistant Secretary may--
(1) adopt and use a seal for the Agency, which shall be
judicially noticed;
(2) hold hearings, sit and act, and take testimony as the
Assistant Secretary may determine to be necessary or
appropriate to carry out this subtitle;
(3) acquire, in any lawful manner, any property that the
Assistant Secretary may determine to be necessary or
appropriate to carry out this subtitle;
(4) make advance payments under grants, contracts, and
cooperative agreements awarded under this subtitle;
(5) enter into agreements with other Federal agencies;
(6) coordinate with the heads of the Offices of Small and
Disadvantaged Business Utilization of Federal agencies;
(7) require a coordinated review of all training and
technical assistance activities that are proposed to be
carried out by Federal agencies in direct support of the
development of minority business enterprises to--
(A) ensure consistency with the purposes of this subtitle;
and
(B) avoid duplication of existing efforts; and
(8) prescribe such rules, regulations, and procedures as
the Agency may determine to be necessary or appropriate to
carry out this subtitle.
(b) Employment of Certain Experts and Consultants.--
(1) In general.--In carrying out this subtitle, the
Assistant Secretary may procure by contract the temporary or
intermittent services of experts or consultants or an
organization thereof, as authorized under section 3109 of
title 5, United States Code.
(2) Renewal of contracts.--The Assistant Secretary may
annually renew a contract entered into under paragraph (1).
(c) Donation of Property.--
(1) In general.--Subject to paragraph (2), in carrying out
this subtitle, the Assistant Secretary may, without cost
(except for costs of care and handling), donate for use by
any public sector entity, or by any recipient nonprofit
organization, for the purpose of the development of minority
business enterprises, any real or tangible personal property
acquired by the Agency in carrying out this subtitle.
(2) Terms, conditions, reservations, and restrictions.--The
Assistant Secretary may impose reasonable terms, conditions,
reservations, and restrictions upon the use of any property
donated under paragraph (1).
SEC. 4252. FINANCIAL ASSISTANCE.
(a) In General.--
(1) Provision of financial assistance.--To carry out
sections 4221, 4222, and 4223(a), the Assistant Secretary may
provide financial assistance to public sector entities and
private sector entities in the form of contracts, grants, or
cooperative agreements.
(2) Notice.--Not later than 120 days before the first day
of each fiscal year, the Assistant Secretary shall, in
accordance with subsection (b), broadly publish a statement
regarding financial assistance that will, or may, be made
available under paragraph (1) in the first fiscal year that
begins after the date on which the statement is published,
including--
(A) the actual, or anticipated, amount of financial
assistance that will, or may, be made available;
(B) the types of financial assistance that will, or may, be
made available;
(C) the manner in which financial assistance will be
allocated among public sector entities and private sector
entities, as applicable; and
(D) the methodology used by the Assistant Secretary to make
allocations under subparagraph (C).
(3) Consultation.--The Assistant Secretary shall consult
with public sector entities and private sector entities, as
applicable, in deciding the amounts and types of financial
assistance to make available under paragraph (1).
(b) Publicity.--In carrying out this section, the Assistant
Secretary shall broadly publicize all opportunities for
financial assistance available under this section,
including--
(1) on the website of the Agency; and
(2) via social media outlets.
SEC. 4253. AUDITS.
(a) Recordkeeping Requirement.--Each recipient of
assistance under this subtitle shall keep such records as the
Assistant Secretary shall prescribe, including records that
fully disclose, with respect to the assistance received by
the recipient under this subtitle--
(1) the amount and nature of that assistance;
(2) the disposition by the recipient of the proceeds of
that assistance;
(3) the total cost of the undertaking for which the
assistance is given or used;
(4) the amount and nature of the portion of the cost of the
undertaking described in paragraph (3) that is supplied by a
source other than the Agency; and
(5) any other records that will facilitate an effective
audit of the assistance.
(b) Access by Government Officials.--The Assistant
Secretary, the Inspector General of the Department of
Commerce, and the Comptroller General of the United States,
or any duly authorized representative of any such individual,
shall have access, for the purpose of audit, investigation,
and examination, to any book, document, paper, record, or
other material of a recipient of assistance under this
subtitle that pertains to the assistance received by the
recipient under this subtitle.
SEC. 4254. REVIEW AND REPORT BY COMPTROLLER GENERAL.
Not later than 4 years after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) conduct a thorough review of the programs carried out
under this subtitle; and
(2) submit to Congress a detailed report of the findings of
the Comptroller General of the United States under the review
carried out under paragraph (1), which shall include--
(A) an evaluation of the effectiveness of the programs in
achieving the purposes of this subtitle;
(B) a description of any failure by any recipient of
assistance under this subtitle to comply with the
requirements under this subtitle; and
(C) recommendations for any legislative or administrative
action that should be taken to improve the achievement of the
purposes of this subtitle.
[[Page S7748]]
SEC. 4255. ANNUAL REPORTS; RECOMMENDATIONS.
(a) Annual Report.--Not later than 90 days after the last
day of each fiscal year, the Assistant Secretary shall submit
to Congress, and publish on the website of the Agency, a
report of each activity of the Agency carried out under this
subtitle during the fiscal year preceding the date on which
the report is submitted.
(b) Recommendations.--The Assistant Secretary shall
periodically submit to Congress and the President
recommendations for legislation or other actions that the
Assistant Secretary determines to be necessary or appropriate
to promote the purposes of this subtitle.
SEC. 4256. SEPARABILITY.
If a provision of this subtitle, or the application of a
provision of this subtitle to any person or circumstance, is
held by a court of competent jurisdiction to be invalid, that
judgment--
(1) shall not affect, impair, or invalidate--
(A) any other provision of this subtitle; or
(B) the application of this subtitle to any other person or
circumstance; and
(2) shall be confined in its operation to--
(A) the provision of this subtitle with respect to which
the judgment is rendered; or
(B) the application of the provision of this subtitle to
each person or circumstance directly involved in the
controversy in which the judgment is rendered.
SEC. 4257. EXECUTIVE ORDER 11625.
The powers and duties of the Agency shall be determined--
(1) in accordance with this subtitle and the requirements
of this subtitle; and
(2) without regard to Executive Order 11625 (36 Fed Reg.
19967; relating to prescribing additional arrangements for
developing and coordinating a national program for minority
business enterprise).
SEC. 4258. AMENDMENT TO THE FEDERAL ACQUISITION STREAMLINING
ACT OF 1994.
Section 7104(c) of the Federal Acquisition Streamlining Act
of 1994 (15 U.S.C. 644a(c)) is amended by striking paragraph
(2) and inserting the following:
``(2) The Assistant Secretary of Commerce for Minority
Business Development.''.
Subtitle C--PRIME Program
SEC. 4301. FUNDING FOR PRIME PROGRAM.
Out of any money in the Treasury not otherwise
appropriated, there are appropriated, for each of fiscal
years 2021 and 2022, to the Administrator of the Small
Business Administration, $15,000,000 to carry out the PRIME
Act (15 U.S.C. 6901 et seq.).
Subtitle D--Providing Real Opportunities for Growth to Rising
Entrepreneurs for Sustained Success
SEC. 4401. ANGEL INVESTOR TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45U. ANGEL INVESTOR TAX CREDIT.
``(a) General Rule.--For purposes of section 38, the angel
investor credit determined under this section for any taxable
year is an amount equal to the sum of the credit amounts
determined for the taxable year for all qualified investments
of the taxpayer.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The term `credit amount' means, with
respect to any qualified investment in a qualifying business
entity, the lesser of--
``(A) 10 percent of the amount of the qualified investment
determined under subsection (c)(3) for the taxable year, or
``(B) an amount equal to--
``(i) 50 percent of such qualified investment, reduced (but
not below zero) by
``(ii) the amount of the credit determined under this
section with respect to such qualified investment of the
taxpayer for all preceding taxable years.
``(2) Overall dollar limitation.--
``(A) In general.--The credit amount determined under
paragraph (1) with respect to any qualified investment of a
taxpayer in a qualifying business entity for any taxable year
shall not exceed the lesser of--
``(i) $10,000 (as increased for the taxable year by the
cost-of-living adjustment under subsection (e)(2)), or
``(ii) an amount equal to--
``(I) an amount equal to 5 times the amount under clause
(i) for the taxable year, reduced (but not below zero) by
``(II) the amount of the credit determined under this
section with respect to such qualified investment of the
taxpayer for all preceding taxable years.
``(B) No credit amount by reason of cost-of-living
adjustment after overall limit first reached.--No credit
amount shall be determined under this section with respect to
any qualified investment of a taxpayer in a qualifying
business entity for any taxable year after the first taxable
year for which the amount determined under subclause (II) of
subparagraph (A)(ii) equals or exceeds the amount determined
under subclause (I) of such subparagraph.
``(3) Reduction in credit amount where loan rate exceeds
prime rate.--
``(A) In general.--If--
``(i) the rate of interest (expressed as an annual
percentage rate) on a qualified investment which is a
qualifying loan, exceeds
``(ii) the bank prime rate as of the first day of the month
in which the loan is entered into (or such other time as the
Secretary may specify),
then each of the amounts determined under subparagraphs (A)
and (B)(i) of paragraph (1) shall be reduced (but not below
zero) by the amount which bears the same ratio to such amount
as the number of full percentage points by which such rate of
interest exceeds such bank prime rate bears to 25.
``(B) Special rules where qualifying loans treated as part
of single investment.--If 1 or more qualifying loans to which
subparagraph (A) applies are treated as part of a single
qualified investment under subsection (c)(1), then, for
purposes of this subsection--
``(i) the credit amount under paragraph (1) for such single
qualified investment shall be the sum of such credit amounts
computed separately for each such qualifying loan and such
credit amount computed for all other qualified investments
treated as part of such single qualified investment, and
``(ii) the limitation under paragraph (2) shall be applied
to such sum.
``(C) Rules relating to interest rates.--
``(i) Annual percentage rate.--The Secretary shall
prescribe guidance or regulations for the calculation of the
annual percentage rate of interest on a loan for purposes of
subparagraph (A)(i), including rules which provide for--
``(I) the calculation of the annual percentage rate in
cases where there is a variable rate of interest,
``(II) the recalculation of the annual percentage rate
where the terms of the loan are modified after the loan is
entered into, and
``(III) the proper taking into account of lump sum
payments, orientation and application fees, closing fees,
invoice discounting fees, and any other loan fees.
``(ii) Bank prime rate.--For purposes of subparagraph
(A)(ii), the term `bank prime rate' means the average
predominant prime rate quoted by commercial banks to large
businesses, as determined by the Board of Governors of the
Federal Reserve System.
``(4) Special rules for pass-thru entities.--For purposes
of this subsection, if a qualified investment in a qualifying
business entity is made by a partnership, trust, S
corporation, or other pass-thru entity, the limitations under
this subsection with respect to the qualified investment
shall apply at the partnership or other entity level and not
at the partner or similar level.
``(c) Qualified Investment.--For purposes of this section--
``(1) In general.--The term `qualified investment' means,
with respect to any qualifying business entity, either of the
following of the taxpayer:
``(A) The direct or indirect acquisition of stock, or a
capital interest, in the entity at its original issue solely
in exchange for cash.
``(B) A qualifying loan made to the entity.
If a taxpayer has or had more than 1 qualified investment in
any qualifying business entity for the taxable year or any
prior taxable year, all such investments shall be treated as
a single qualified investment for purposes of applying this
section.
``(2) Exception for investments made by qualified active
investors and related persons.--Such term shall not include
any acquisition or loan made by a taxpayer who, immediately
before the acquisition or loan, is a qualified active
investor in the qualifying business entity or is related to
any qualified active investor.
``(3) Amount of qualified investment.--The amount of a
taxpayer's qualified investment with respect to any
qualifying business entity for any taxable year shall be the
monthly average for months ending within the taxable year
of--
``(A) the taxpayer's aggregate unadjusted bases in all
stock or interests described in paragraph (1)(A) as of the
close of each such month, and
``(B) the aggregate outstanding principal amount of all
qualified loans described in paragraph (1)(B) as of the close
of each such month.
``(4) Special rules for transfers of qualifying loans.--
``(A) In general.--If a taxpayer sells, exchanges, or
otherwise transfers all or any portion of a qualifying loan
which is a qualified investment in a qualifying business
entity, such investment shall be treated as a qualified
investment in the hands of the transferee (and not of the
transferor) for periods after the transfer. This paragraph
shall also apply to any subsequent transfer of such interest.
``(B) Coordination of limits.--In applying subsection (b)
to any qualifying loan treated as a qualified investment of a
transferee under this paragraph--
``(i) all credits determined under this section for any
periods before the transfer with respect to the qualified
investment of any prior holder of such investment shall be
taken into account under paragraphs (1)(B)(ii) and
(2)(A)(ii)(II) of such subsection in the same manner as if
such credits were determined for the transferee for prior
taxable years, and
``(ii) if only a portion of the qualified investment was
transferred, the amount taken into account under such
paragraphs by reason of clause (i) shall be ratably reduced
to reflect only the portion so transferred.
``(d) Qualifying Business Entity.--For purposes of this
section--
``(1) Definition.--
``(A) In general.--The term `qualifying business entity'
means, with respect to any qualified investment, any entity
which is engaged in the active conduct of 1 or more trades or
businesses and with respect to which--
[[Page S7749]]
``(i) the qualified active investor ownership requirements
of paragraph (2) are met immediately before and after the
qualified investment,
``(ii) the wage requirements of paragraph (3) are met, and
``(iii) the certification requirements of paragraph (4) are
met.
``(B) Entities under common control.--For purposes of this
section, all qualifying business entities treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as a
single qualifying business entity.
``(2) Qualified active investor ownership requirements.--
The requirements of this paragraph are met with respect to
any entity if qualified active investors own directly or
indirectly--
``(A) in the case of a corporation, more than 50 percent
(by vote and value) of the stock in the corporation, and
``(B) in the case of any other entity, more than 50 percent
of the capital or profits interests in the entity.
``(3) Wage requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any entity if the entity, during the
taxable year of the entity preceding the taxable year in
which the qualified investment is made--
``(i) employed at least 1 full-time employee, or employees
constituting a full-time equivalent employee, in 1 or more
trades or businesses actively conducted by the entity, and
``(ii) paid W-2 wages to such employee or employees with
respect to such employment.
``(B) Certain wages not taken into account.--W-2 wages
shall not be taken into account under subparagraph (A) if
paid by an entity to an employee, and such employee shall not
be taken into account under subparagraph (A)(i), during any
period the employee is--
``(i) a qualified active investor, or
``(ii) an employee other than a qualified active investor
who is a 5-percent owner (as defined in section
416(i)(1)(B)(i)) of the entity.
``(C) W-2 wages.--The term `W-2 wages' means, with respect
to any entity, the amounts described in paragraphs (3) and
(8) of section 6051(a) paid by the entity with respect to
employment of employees by the entity. Such term shall not
include any amount which is not properly included in a return
filed with the Social Security Administration on or before
the 60th day after the due date (including extensions) for
such return.
``(D) Full-time employees and equivalents.--For purposes of
this paragraph--
``(i) the term `full-time employee' has the meaning given
to such term by section 4980H(c)(4), and
``(ii) the determination of the number of employees
constituting a full-time equivalent shall be made in the same
manner as under section 4980H(c)(2)(E).
``(4) Certification requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any entity if the entity certifies, in
such form and manner and at such time as the Secretary may
prescribe, that, at the time of the qualified investment, the
entity--
``(i) is engaged in the active conduct of 1 or more trades
or businesses, and
``(ii) meets the requirements of paragraphs (2) and (3) to
be treated as a qualifying business entity.
``(B) Certification provided to investors and secretary.--
An entity shall--
``(i) provide the certification under subparagraph (A) to
the person making the qualified investment at the time such
investment is made, and
``(ii) include such certification, and the names,
addresses, and taxpayer identification numbers of the
entity's qualified active investors and the persons making
the qualified investment, with its return of tax for the
taxable year which includes the date of the qualified
investment.
``(C) Certification included with return claiming credit.--
No credit shall be determined under subsection (a) with
respect to any taxpayer making a qualified investment in a
qualifying business entity unless the taxpayer includes the
certification under subparagraph (A) with respect to the
investment with its return of tax for any taxable year for
which such credit is being claimed.
``(D) Timely filed return required.--The requirements of
subparagraph (B)(ii) or (C) shall be treated as met only if
the return described in such subparagraph is filed on or
before its due date (including extensions).
``(5) Qualified active investor.--
``(A) In general.--The term `qualified active investor'
means, with respect to any entity, an individual who--
``(i) is a citizen or resident of the United States,
``(ii) materially participates (within the meaning of
section 469(h)) in 1 or more trades or businesses actively
conducted by the entity,
``(iii) holds stock, or a capital or profits interest, in
the entity, and
``(iv) meets the income requirements of subparagraph (B).
``(B) Income requirements.--The requirements of this
subparagraph are met with respect to an individual if the
average annual taxable income of the individual for the 3
taxable years of the individual immediately preceding the
taxable year in which the qualified investment is made does
not exceed the applicable amount.
``(C) Applicable amount.--For purposes of this paragraph,
the term `applicable amount' means, with respect to any
taxable year in which a qualified investment is made--
``(i) in the case of an individual not described in clause
(ii), $100,000 (as increased for the taxable year by the
cost-of-living adjustment under subsection (e)(2)), and
``(ii) in the case of an individual who is a married
individual filing a joint return or who is a head of
household (as defined in section 2(b)) for the taxable year,
an amount equal to 2 times the amount in effect under clause
(i) for the taxable year.
``(D) Rules for determining average taxable income.--For
purposes of this paragraph--
``(i) a married individual filing a separate return of tax
for any taxable year shall include the taxable income of
their spouse in computing the individual's average taxable
income for any period unless the Secretary determines that
the spouse's information is not available to the individual,
and
``(ii) the Secretary shall prescribe rules for the
determination of average taxable income in cases where the
individual had different filing statuses for the 3 taxable
years described in subparagraph (B).
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Related persons.--A person shall be treated as
related to another person if the person bears a relationship
to such other person described in section 267(b), except that
section 267(b) shall be applied by substituting `5 percent'
for `50 percent' each place it appears.
``(2) Cost-of-living adjustments.--In the case of any
taxable year beginning after 2021, the $10,000 amount under
subsection (b)(2)(A)(i) and the $100,000 amount under
subsection (d)(5)(C)(i) shall each be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment under section 1(f)(3)
for the calendar year in which the taxable year begins,
determined by substituting `2020' for `2016' in subparagraph
(A)(ii) thereof.
If any increase in such $10,000 amount is not a multiple of
$100, such increase shall be rounded to the next lowest
multiple of $100 and if any increase in such $100,000 amount
is not a multiple of $1,000, such increase shall be rounded
to the next lowest multiple of $1,000.
``(3) Rules relating to entities.--
``(A) Sole proprietorships.--If a taxpayer carries on 1 or
more trades or businesses as sole proprietorships, all such
trades or businesses shall be treated as a single entity for
purposes of applying this section.
``(B) Application to disregarded entities.--In the case of
any entity with a single owner which is disregarded as an
entity separate from its owner for purposes of this title,
this section shall be applied in the same manner as if such
entity were a corporation.
``(f) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary to carry
out the provisions of this section.''.
(b) Credit To Be Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end
of paragraph (32), by striking the period at the end of
paragraph (33) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(34) the angel investor credit determined under section
45U(a).''.
(c) Credit Allowed Against Alternative Minimum Tax.--
Section 38(c)(4)(B) of such Code is amended by redesignating
clauses (x), (xi), and (xii) as clauses (xi), (xii), and
(xiii), respectively, and by inserting after clause (ix) the
following new clause:
``(x) the credit determined under section 45U,''.
(d) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45U. Angel investor tax credit.''.
(e) Effective Date.--The amendments made by this section
shall apply to qualified investments made in taxable years
beginning after December 31, 2020.
SEC. 4402. FIRST EMPLOYEE BUSINESS WAGE CREDIT.
(a) Allowance of Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986, as amended by
section 4401, is amended by adding at the end the following
new section:
``SEC. 45V. FIRST EMPLOYEE BUSINESS WAGE CREDIT.
``(a) General Rule.--For purposes of section 38, in the
case of a qualifying business entity, the first employee
business wage credit determined under this section for any
taxable year is an amount equal to 25 percent of the
qualified wages of the entity for the taxable year.
``(b) Dollar Limitations.--
``(1) In general.--The amount of the credit determined
under subsection (a) with respect to any qualifying business
entity for any taxable year shall not exceed the lesser of--
``(A) $10,000 (as increased for the taxable year by the
cost-of-living adjustment under subsection (f)), or
``(B) the excess (if any) of--
``(i) an amount equal to 4 times the amount under
subparagraph (A) for the taxable year, over
``(ii) the amount of the credit determined under this
section with respect to such entity for all preceding taxable
years.
[[Page S7750]]
``(2) No credit by reason of cost-of-living adjustment
after overall limit first reached.--No credit shall be
determined under this section with respect to any qualifying
business entity for any taxable year after the first taxable
year for which the amount determined under clause (ii) of
paragraph (1)(B) equals or exceeds the amount determined
under clause (i) of such paragraph.
``(3) Pass-thru entities.--If a qualifying business entity
is a partnership, trust, S corporation, or other pass-thru
entity, the limitations under this subsection shall apply at
the partnership or other entity level and not at the partner
or similar level.
``(c) Qualified Wages.--For purposes of this section--
``(1) In general.--The term `qualified wages' means, with
respect to any qualifying business entity, the amount of W-2
wages paid or incurred during any eligible taxable year to
employees for services performed in connection with the
active conduct of a trade or business by the entity.
``(2) Exception for qualified active investors and 5-
percent owner-employees.--W-2 wages shall not be taken into
account under paragraph (1) if paid by an entity to an
employee, and such employee shall not be taken into account
under paragraph (3)(A), during any period the employee is--
``(A) a qualified active investor, or
``(B) an employee other than a qualified active investor
who is a 5-percent owner (as defined in section
416(i)(1)(B)(i)) of the entity.
``(3) Eligible taxable year.--
``(A) In general.--The term `eligible taxable year' means
any taxable year of a qualifying business entity--
``(i) which occurs during the period--
``(I) beginning with the first taxable year of the entity
in which the entity employed at least 1 full-time employee
(or employees constituting a full-time equivalent employee)
in 1 or more trades or businesses actively conducted by the
entity during the taxable year and paid W-2 wages to such
employee or employees with respect to such employment, and
``(II) ending with the last taxable year for which a credit
may be determined for the entity under this section by reason
of the limitation under subsection (b)(2), and
``(ii) in the case of a taxable year other than the first
taxable year described in clause (i)(I), with respect to
which the entity meets the employment and wage requirements
of such clause.
Such term shall not include any taxable year during such a
period if the first taxable year described in clause (i)(I)
of the entity (or any predecessor) begins before January 1,
2021.
``(B) W-2 wages; full-time employees.--For purposes of this
subsection, W-2 wages, full-time employees, and full-time
employee equivalents shall be determined in the same manner
as under section 45U.
``(d) Qualifying Business Entity.--For purposes of this
section--
``(1) Qualifying business entity defined.--
``(A) In general.--The term `qualifying business entity'
means, with respect to any taxable year for which a credit
under this section is being determined, any entity--
``(i) which is engaged in the active conduct of 1 or more
trades or businesses,
``(ii) with respect to which the qualified active investor
ownership requirements of paragraph (2) of section 45U(d) are
met as of the close of such taxable year (rather than
immediately before and after the qualified investment), and
``(iii) with respect to which the certification
requirements of paragraph (2) are met.
``(B) Entities under common control.--For purposes of this
section--
``(i) In general.--All qualifying business entities treated
as a single employer under subsection (a) or (b) of section
52 or subsection (m) or (o) of section 414 shall be treated
as a single qualifying business entity.
``(ii) Allocation of credit.--Except as provided in
regulations, the credit under this section shall be allocated
among the entities comprising the single entity described in
clause (i) in proportion to the qualified wages of each such
entity taken into account under subsection (a).
``(2) Certification requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any entity for any taxable year described
in paragraph (1) if the entity certifies, in such form and
manner and at such time as the Secretary may prescribe, that
the entity meets the requirements described in clauses (i)
and (ii) of paragraph (1)(A).
``(B) Certification provided to secretary.--An entity shall
include the certification under subparagraph (A), and the
names, addresses, and taxpayer identification numbers of the
entity's qualified active investors (and employees who are 5-
percent owners described in subsection (c)(2)(B)), with its
return of tax for the taxable year to which the certification
relates. The requirement of this subparagraph is met only if
such return is filed before its due date (including
extensions).
``(3) Qualified active investor.--For purposes of this
section (including applying the requirements of paragraph (2)
of section 45U(d) for purposes of paragraph (1)(A)(ii)), the
term `qualified active investor' has the same meaning given
such term by section 45U(d)(5), except that such section
shall be applied separately for each taxable year described
in paragraph (1) (rather than the taxable year of the
qualified investment).
``(e) Election To Apply Credit Against Payroll Taxes.--
``(1) In general.--At the election of a qualifying business
entity, section 3111(g) shall apply to the payroll tax credit
portion of the credit otherwise determined under subsection
(a) for the taxable year and such portion shall not be
treated (other than for purposes of section 280C) as a credit
determined under subsection (a).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) with respect to any
qualifying business entity for any taxable year is the least
of--
``(A) the amount specified in the election made under this
subsection,
``(B) the credit determined under subsection (a) for the
taxable year (determined before the application of this
subsection), or
``(C) in the case of a qualifying business entity other
than a partnership, estate, S corporation or other pass-thru
entity, the amount of the business credit carryforward under
section 39 carried from the taxable year (determined before
the application of this subsection to the taxable year).
``(3) Election.--
``(A) In general.--Any election under this subsection for
any taxable year--
``(i) shall specify the amount of the credit to which such
election applies,
``(ii) shall be made on or before the due date (including
extensions) of the return for the taxable year, and
``(iii) may be revoked only with the consent of the
Secretary.
``(B) Special rule for pass-thru entities.--In the case of
a partnership, estate, S corporation, or other pass-thru
entity, the election made under this subsection shall be made
at the entity level.
``(f) Cost-of-living Adjustments.--In the case of any
taxable year beginning after 2021, the $10,000 amount under
subsection (b)(1)(A) shall be increased by an amount equal
to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment under section 1(f)(3)
for the calendar year in which the taxable year begins,
determined by substituting `2020' for `2016' in subparagraph
(A)(ii) thereof.
If any increase in such amount is not a multiple of $100,
such increase shall be rounded to the next lowest multiple of
$100.
``(g) Other Rules.--For purposes of this section--
``(1) Rules relating to entities.--Rules similar to the
rules of section 45U(e)(3) shall apply.
``(2) Election not to have credit apply.--
``(A) In general.--A taxpayer may elect not to have this
section apply for any taxable year.
``(B) Other rules.--Rules similar to the rules of
paragraphs (2) and (3) of section 51(j) shall apply for
purposes of this paragraph.
``(3) Certain other rules made applicable.--Rules similar
to the rules of subsections (c), (d), and (e) of section 52
shall apply.
``(h) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary to carrying
out the provisions of this section, including regulations--
``(1) preventing the avoidance of the limitations under
this section in cases in which there is a successor or new
qualified business entity with respect to the same trade or
business for which a predecessor qualified business entity
already claimed the credit under this section,
``(2) to minimize compliance and recordkeeping burdens
under the provisions of this section, and
``(3) for recapturing the benefit of credits determined
under section 3111(g) in cases where there is a recapture or
a subsequent adjustment to the payroll tax credit portion of
the credit determined under subsection (a), including
requiring amended income tax returns in the cases where there
is such an adjustment.''.
(2) Credit to be part of general business credit.--Section
38(b) of such Code, as amended by section 4401, is amended by
striking ``plus'' at the end of paragraph (33), by striking
the period at the end of paragraph (34) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(35) the first employee business wage credit determined
under section 45V(a).''.
(3) Credit allowed against alternative minimum tax.--
Section 38(c)(4)(B) of such Code, as amended by section 4401,
is amended by redesignating clauses (xi), (xii), and (xiii)
as clauses (xii), (xiii), and (xiv), respectively, and by
inserting after clause (x) the following new clause:
``(xi) the credit determined under section 45V,''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code, as
amended by section 4401, is amended by adding at the end the
following new item:
``Sec. 45V. First employee business wage credit.''.
(b) Payroll Tax Credit.--Section 3111 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(g) Credit for First Employee Business Wage Expenses.--
``(1) In general.--In the case of a taxpayer who has made
an election under section 45V(e) for a taxable year, there
shall be allowed as a credit against the tax imposed by
subsection (a) for the first calendar quarter
[[Page S7751]]
which begins after the date on which the taxpayer files the
return for the taxable year an amount equal to the payroll
tax credit portion determined under section 45V(e)(2).
``(2) Limitation.--The credit allowed by paragraph (1)
shall not exceed the tax imposed by subsection (a) for any
calendar quarter on the wages paid with respect to the
employment of all individuals in the employ of the employer.
``(3) Carryover of unused credit.--If the amount of the
credit under paragraph (1) exceeds the limitation of
paragraph (2) for any calendar quarter, such excess shall be
carried to the succeeding calendar quarter and allowed as a
credit under paragraph (1) for such quarter.
``(4) Deduction allowed for credited amounts.--
Notwithstanding section 280C(a), the credit allowed under
paragraph (1) shall not be taken into account for purposes of
determining the amount of any deduction allowed under chapter
1 for taxes imposed under subsection (a).''.
(c) Coordination With Deductions and Other Credits.--
(1) Deductions.--Section 280C(a) of the Internal Revenue
Code of 1986 is amended by inserting ``45V(a),'' after
``45S(a),''.
(2) Other credits.--
(A) Section 41(b)(2)(D) of such Code is amended by adding
at the end the following:
``(iv) Exclusion for wages to which first employee wage
credit applies.--The term `wages' shall not include any
amount taken into account in determining the credit under
section 45V.''.
(B) Section 45A(b)(1) of such Code is amended by adding at
the end the following:
``(C) Coordination with first employee wage credit.--The
term `qualified wages' shall not include wages if any portion
of such wages is taken into account in determining the credit
under section 45V.''.
(C) Section 1396(c)(3) of such Code is amended--
(i) by striking ``section 51'' each place it appears and
inserting ``section 45V or 51'', and
(ii) by inserting ``and first employee wage'' after
``opportunity'' in the heading thereof.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2020.
Subtitle E--Community Development Investment
SEC. 4501. SHORT TITLE.
This subtitle may be cited as the ``Jobs and Neighborhood
Investment Act''.
SEC. 4502. PURPOSE.
The purpose of this subtitle is to--
(1) establish programs to revitalize and provide long-term
financial products and service availability for, and provide
investments in, low- and moderate-income and minority
communities;
(2) respond to the unprecedented loss of Black-owned
businesses and unemployment; and
(3) otherwise enhance the stability, safety and soundness
of community financial institutions that support low- and
moderate-income and minority communities.
SEC. 4503. CONSIDERATIONS; REQUIREMENTS FOR CREDITORS.
(a) In General.--In exercising the authorities under this
subtitle and the amendments made by this subtitle, the
Secretary of the Treasury shall take into consideration--
(1) increasing the availability of affordable credit for
consumers, small businesses, and nonprofit organizations,
including for projects supporting affordable housing,
community-serving real estate, and other projects, that
provide direct benefits to low- and moderate-income
communities, low-income and underserved individuals, and
minorities;
(2) providing funding to minority-owned or minority-led
eligible institutions and other eligible institutions that
have a strong track record of serving minority small
businesses;
(3) protecting and increasing jobs in the United States;
(4) increasing the opportunity for small business,
affordable housing and community development in geographic
areas and demographic segments with poverty and high
unemployment rates that exceed the average in the United
States;
(5) ensuring that all low- and moderate-income community
financial institutions may apply to participate in the
programs established under this subtitle and the amendments
made by this subtitle, without discrimination based on
geography;
(6) providing transparency with respect to use of funds
provided under this subtitle and the amendments made by this
subtitle;
(7) promoting and engaging in financial education to would-
be borrowers; and
(8) providing funding to eligible institutions that serve
consumers, small businesses, and nonprofit organizations to
support affordable housing, community-serving real estate,
and other projects that provide direct benefits to low- and
moderate-income communities, low-income individuals, and
minorities directly affected by the COVID-19 pandemic.
(b) Requirement for Creditors.--Any creditor participating
in a program established under this subtitle or the
amendments made by this subtitle shall fully comply with all
applicable statutory and regulatory requirements relating to
fair lending.
SEC. 4504. SENSE OF CONGRESS.
The following is the sense of Congress:
(1) The Department of the Treasury, Board of Governors of
the Federal Reserve System, Small Business Administration,
Office of the Comptroller of the Currency, Federal Deposit
Insurance Corporation, National Credit Union Administration,
and other Federal agencies should take steps to support,
engage with, and utilize minority depository institutions and
community development financial institutions in the near
term, especially as they carry out programs to respond to the
COVID-19 pandemic, and the long term.
(2) The Board of Governors of the Federal Reserve System
should, consistent with its mandates, work to increase
lending by minority depository institutions and community
development financial institutions to underserved
communities, and when appropriate, should work with the
Department of the Treasury to increase lending by minority
depository institutions and community development financial
institutions to underserved communities.
(3) The Department of the Treasury and prudential
regulators should establish a strategic plan identifying
concrete steps that they can take to support existing
minority depository institutions, as well as the formation of
new minority depository institutions consistent with the
goals established in the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 to preserve and promote
minority depository institutions.
(4) Congress should increase funding and make other
enhancements, including those provided by this legislation,
to enhance the effectiveness of the CDFI Fund, especially
reforms to support minority-owned and minority led CDFIs in
times of crisis and beyond.
(5) Congress should conduct robust and ongoing oversight of
the Department of the Treasury, CDFI Fund, Federal prudential
regulators, SBA, and other Federal agencies to ensure they
fulfill their obligations under the law as well as implement
this title and other laws in a manner that supports and fully
utilizes minority depository institutions and community
development financial intuitions, as appropriate.
(6) The investments made by the Secretary of the Treasury
under this subtitle and the amendments made by this subtitle
should be designed to maximize the benefit to low- and
moderate-income and minority communities and contemplate
losses to capital of the Treasury.
SEC. 4505. NEIGHBORHOOD CAPITAL INVESTMENT PROGRAM.
Title IV of the CARES Act (15 U.S.C. 9041 et seq.) is
amended--
(1) in section 4002 (15 U.S.C. 9041)--
(A) by redesignating paragraphs (7) through (10) as
paragraphs (9) through (12), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) Low- and moderate-income community financial
institution.--The term `low- and moderate-income community
financial institution' means any financial institution that
is--
``(A) a community development financial institution, as
defined in section 103 of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4702); or
``(B) a minority depository institution.
``(8) Minority depository institution.--The term `minority
depository institution'--
``(A) has the meaning given that term under section 308 of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 U.S.C. 1463 note);
``(B) means an entity considered to be a minority
depository institution by--
``(i) the appropriate Federal banking agency, as defined in
section 3 of the Federal Deposit Insurance Act(12 U.S.C.
1813); or
``(ii) the National Credit Union Administration, in the
case of an insured credit union; and
``(C) means an entity listed in the Federal Deposit
Insurance Corporation's Minority Depository Institutions List
published for the Second Quarter 2020.'';
(2) in section 4003 (15 U.S.C. 9042), by adding at the end
the following:
``(i) Neighborhood Capital Investment Program.--
``(1) Definitions.--In this subsection--
``(A) the term `community development financial
institution' has the meaning given the term in section 103 of
the Riegle Community Development and Regulatory Improvement
Act of 1994 (12 U.S.C. 4702);
``(B) the term `Fund' means the Community Development
Financial Institutions Fund established under section 104(a)
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703(a));
``(C) the term `minority' means any Black American, Native
American, Hispanic American, or Asian American;
``(D) the term `Program' means the Neighborhood Capital
Investment Program established under paragraph (2); and
``(E) the `Secretary' means the Secretary of the Treasury.
``(2) Establishment.--The Secretary of the Treasury shall
establish a Neighborhood Capital Investment Program to
support the efforts of low- and moderate-income community
financial institutions to, among other things, provide loans
and forbearance for small businesses, minority-owned
businesses, and consumers, especially in low-income and
underserved communities, by providing direct capital
investments in low- and moderate-income community financial
institutions.
[[Page S7752]]
``(3) Application.--
``(A) Acceptance.--The Secretary shall begin accepting
applications for capital investments under the Program not
later than the end of the 30-day period beginning on the date
of enactment of this subsection, with priority in
distribution given to low- and moderate-income community
financial institutions that are minority lending
institutions, as defined in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
``(B) Requirement to provide a neighborhood investment
lending plan.--
``(i) In general.--At the time that an applicant submits an
application to the Secretary for a capital investment under
the Program, the applicant shall provide the Secretary, along
with the appropriate Federal banking agency, an investment
and lending plan that--
``(I) demonstrates that not less than 30 percent of the
lending of the applicant over the past 2 fiscal years was
made directly to low- and moderate income borrowers, to
borrowers that create direct benefits for low- and moderate-
income populations, to other targeted populations as defined
by the Fund, or any combination thereof, as measured by the
total number and dollar amount of loans;
``(II) describes how the business strategy and operating
goals of the applicant will address community development
needs, which includes the needs of small businesses,
consumers, nonprofit organizations, community development,
and other projects providing direct benefits to low- and
moderate-income communities, low-income individuals, and
minorities within the minority, rural, and urban low-income
and underserved areas served by the applicant;
``(III) includes a plan to provide linguistically and
culturally appropriate outreach, where appropriate;
``(IV) includes an attestation by the applicant that the
applicant does not own, service, or offer any financial
products at an annual percentage rate of more than 36 percent
interest, as defined in section 987(i)(4) of title 10, United
States Code, and is compliant with State interest rate laws;
and
``(V) includes details on how the applicant plans to expand
or maintain significant lending or investment activity in
low- or moderate-income minority communities, to historically
disadvantaged borrowers, and to minorities that have
significant unmet capital or financial services needs.
``(ii) Community development loan funds.--An applicant that
is not an insured community development financial institution
or otherwise regulated by a Federal financial regulator shall
submit the plan described in clause (i) only to the
Secretary.
``(iii) Documentation.--In the case of an applicant that is
certified as a community development financial institution as
of the date of enactment of this subsection, for purposes of
clause (i)(I), the Secretary may rely on documentation
submitted the Fund as part of certification compliance
reporting.
``(4) Incentives to increase lending and provide affordable
credit.--
``(A) Requirements on preferred stock and other financial
instrument.--Any financial instrument issued to Treasury by a
low- and moderate-income community financial institution
under the Program shall provide the following:
``(i) No dividends, interest or other payments shall exceed
2 percent per annum.
``(ii) After the first 24 months from the date of the
capital investment under the Program, annual payments may be
required, as determined by the Secretary and in accordance
with this section, and adjusted downward based on the amount
of affordable credit provided by the low- and moderate-income
community financial institution to borrowers in minority,
rural, and urban low-income and underserved communities.
``(iii) During any calendar quarter after the initial 24-
month period referred to in clause (ii), the annual payment
rate of a low- and moderate-income community financial
institution shall be adjusted downward to reflect the
following schedule, based on lending by the institution
relative to the baseline period:
``(I) If the institution in the most recent annual period
prior to the investment provides significant lending or
investment activity in low- or moderate-income minority
communities, historically disadvantaged borrowers, and to
minorities that have significant unmet capital or financial
services, the annual payment rate shall not exceed 0.5
percent per annum.
``(II) If the amount of lending within minority, rural, and
urban low-income and underserved communities and to low- and
moderate-income borrowers has increased dollar for dollar
based on the amount of the capital investment, the annual
payment rate shall not exceed 1 percent per annum.
``(III) If the amount of lending within minority, rural,
and urban low-income and underserved communities and to low-
and moderate-income borrowers has increased by twice the
amount of the capital investment, the annual payment rate
shall not exceed 0.5 percent per annum.
``(B) Contingency of payments based on certain financial
criteria.--
``(i) Deferral.--Any annual payments under this subsection
shall be deferred in any quarter or payment period if any of
the following is true:
``(I) The low- and moderate-income community institution
fails to meet the Tier 1 capital ratio or similar ratio as
determined by the Secretary.
``(II) The low- and moderate-income community financial
institution fails to achieve positive net income for the
quarter or payment period.
``(III) The low- and moderate-income community financial
institution determines that the payment would be detrimental
to the financial health of the institution.
``(ii) Testing during next payment period.--Any deferred
annual payment under this subsection shall be tested against
the metrics described in clause (i) at the beginning of the
next payment period, and such payments shall continue to be
deferred until the metrics described in that clause are no
longer applicable.
``(5) Restrictions.--
``(A) In general.--Each low- and moderate-income community
financial institution may only issue financial instruments or
senior preferred stock under this subsection with an
aggregate principal amount that is--
``(i) not more than 15 percent of risk-weighted assets for
an institution with assets of more than $2,000,000,000;
``(ii) not more than 25 percent of risk-weighted assets for
an institution with assets of not less than $500,000,000 and
not more than $2,000,000,000; and
``(iii) not more than 30 percent of risk-weighted assets
for an institution with assets of less than $500,000,000.
``(B) Holding of instruments.--Holding any instrument of a
low- and moderate-income community financial institution
described in subparagraph (A) shall not give the Treasury or
any successor that owns the instrument any rights over the
management of the institution.
``(C) Sale of interest.--With respect to a capital
investment made into a low- and moderate-income community
financial institution under this subsection, the Secretary--
``(i) except as provided in clause (iv), during the 10-year
period following the investment, may not sell the interest of
the Secretary in the capital investment to a third party;
``(ii) shall provide the low- and moderate-income community
financial institution a right of first refusal to buy back
the investment under terms that do not exceed a value as
determined by an independent third party; and
``(iii) shall not sell more than a 5 percent ownership
interest in the capital investment to a single third party;
and
``(iv) with the permission of the institution, may gift or
sell the interest of the Secretary in the capital investment
for a de minimus amount to a mission aligned nonprofit
affiliate of an applicant that is an insured community
development financial institution, as defined in section 103
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702).
``(v) Calculation of ownership for minority depository
institutions.--The calculation and determination of ownership
thresholds for a depository institution to qualify as a
minority depository institution described in section
4002(7)(B) shall exclude any dilutive effect of equity
investments by the Federal Government, including under the
Program or through the Fund.
``(6) Available amounts.--In carrying out the Program, the
Secretary shall use not more than $13,000,000,000, from
amounts appropriated under section 4027, of which not less
than $7,000,000,000 shall be used for direct capital
investments under the Program.
``(7) Treatment of capital investments.--In making any
capital investment under the Program, the Secretary shall
ensure that the terms of the investment are designed to
ensure the investment receives Tier 1 capital treatment.
``(8) Outreach to minorities.--The Secretary shall require
low- and moderate-income community financial institutions
receiving capital investments under the Program to provide
linguistically and culturally appropriate outreach and
advertising describing the availability and application
process of receiving loans made possible by the Program
through organizations, trade associations, and individuals
that represent or work within or are members of minority
communities.
``(9) Restrictions.--
``(A) In general.--Not later than the end of the 30-day
period beginning on the date of enactment of this subsection,
the Secretary of the Treasury shall issue rules setting
restrictions on executive compensation, share buybacks, and
dividend payments for recipients of capital investments under
the Program.
``(B) Rule of construction.--The provisions of section 4019
shall apply to investments made under the Program.
``(10) Termination of investment authority.--The authority
to make capital investments in low- and moderate-income
community financial institutions, including commitments to
purchase preferred stock or other instruments, provided under
the Program shall terminate on the date that is 36 months
after the date of enactment of this subsection.
``(11) Collection of data.--Notwithstanding the Equal
Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
``(A) any low- and moderate-income community financial
institution may collect data described in section 701(a)(1)
of that Act (15 U.S.C. 1691(a)(1)) from borrowers and
applicants for credit for the purpose of monitoring
compliance under the plan required under paragraph (4)(B);
and
[[Page S7753]]
``(B) a low- and moderate-income community financial
institution that collects the data described in subparagraph
(A) shall not be subject to adverse action related to that
collection by the Bureau of Consumer Financial Protection or
any other Federal agency.
``(12) Deposit of funds.--All funds received by the
Secretary in connection with purchases made pursuant this
subsection, including interest payments, dividend payments,
and proceeds from the sale of any financial instrument, shall
be deposited into the Fund and used to provide financial and
technical assistance pursuant to section 108 of the Riegle
Community Development and Regulatory Improvement Act of 1994
(12 U.S.C. 4707), except that subsection (e) of that section
shall be waived.
``(13) Equity equivalent investment option.--
``(A) In general.--The Secretary shall establish an Equity
Equivalent Investment Option, under which, with respect to a
specific investment in a low- and moderate-income community
financial institution--
``(i) 80 percent of such investment is made by the
Secretary under the Program; and
``(ii) 20 percent of such investment if made by a banking
institution.
``(B) Requirement to follow similar terms and conditions.--
The terms and conditions applicable to investments made by
the Secretary under the Program shall apply to any investment
made by a banking institution under this paragraph.
``(C) Limitations.--The amount of a specific investment
described under subparagraph (A) may not exceed $10,000,000,
but the receipt of an investment under subparagraph (A) shall
not preclude the recipient from being eligible for other
assistance under the Program.
``(D) Banking institution defined.--In this paragraph, the
term `banking institution' means any entity with respect to
which there is an appropriate Federal banking agency, as
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813).
``(j) Application of the Military Lending Act.--
``(1) In general.--No low- and moderate-income community
financial institution that receives an equity investment
under subsection (i) shall, for so long as the investment or
participation continues, make any loan at an annualized
percentage rate above 36 percent, as determined in accordance
with section 987(b) of title 10, United States Code (commonly
known as the `Military Lending Act)'.
``(2) No exemptions permitted.--The exemption authority of
the Bureau under section 105(f) of the Truth in Lending Act
(15 U.S.C. 1604(f)) shall not apply with respect to this
subsection.''.
SEC. 4506. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES.
(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Fund $4,000,000,000 for fiscal year
2021, for providing financial assistance and technical
assistance under subparagraphs (A) and (B) of section
108(a)(1) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4707(a)(1)), except that
subsection (d) of such section 108 shall not apply to the
provision of such assistance, for the Bank Enterprise Award
program, and for financial assistance, technical assistance,
training, and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native communities and
provided primarily through qualified community development
lender organizations with experience and expertise in
community development banking and lending in Indian country,
Native American organizations, Tribes and Tribal
organizations, and other suitable providers.
(b) Set Asides.--Of the amounts appropriated pursuant to
the authorization under subsection (a), the following amounts
shall be set aside:
(1) Up to $400,000,000, to remain available until expended,
to provide grants to CDFIs--
(A) to expand lending or investment activity in low- or
moderate-income minority communities and to minorities that
have significant unmet capital or financial services needs,
of which not less than $10,000,000 may be for grants to
benefit Native American, Native Hawaiian, and Alaska Native
communities; and
(B) using a formula that takes into account criteria such
as certification status, financial and compliance
performance, portfolio and balance sheet strength, a
diversity of CDFI business model types, and program capacity,
as well as experience making loans and investments to those
areas and populations identified in this paragraph.
(2) Up to $160,000,000, to remain available until expended,
for technical assistance, technology, and training under
sections 108(a)(1)(B) and 109, respectively, of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4707(a)(1)(B), 4708), with a preference for
minority lending institutions.
(3) Up to $800,000,000, to remain available until expended,
shall be for providing financial assistance, technical
assistance, awards, training, and outreach programs described
under subsection (a) to recipients that are minority lending
institutions.
(c) Administrative Expenses.--Funds appropriated pursuant
to the authorization under subsection (a) may be used for
administrative expenses, including administration of Fund
programs and the New Markets Tax Credit Program under section
45D of the Internal Revenue Code of 1986.
(d) Definitions.--In this section:
(1) CDFI.--The term ``CDFI'' means a community development
financial institution, as defined in section 103 of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4702).
(2) Fund.--The term ``Fund'' means the Community
Development Financial Institutions Fund established under
section 104(a) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4703(a)).
(3) Minority; minority lending institution.--The terms
``minority'' and ``minority lending institution'' have the
meanings given those terms, respectively, under subparagraphs
(A) and (B) of paragraph (22) of section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702), as added by section 4509.
SEC. 4507. ENSURING DIVERSITY IN COMMUNITY BANKING.
(a) Sense of Congress on Funding the Loan-loss Reserve Fund
for Small Dollar Loans.--The sense of Congress is the
following:
(1) The Community Development Financial Institutions Fund
(referred to in this subsection as the ``CDFI Fund'') is an
agency of the Department of the Treasury, and was established
under section 104(a) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4703(a)). The
mission of the CDFI Fund is ``to expand economic opportunity
for underserved people and communities by supporting the
growth and capacity of a national network of community
development lenders, investors, and financial service
providers''. A community development financial institution is
a specialized financial institution serving low-income
communities and a Community Development Entity (referred to
in this subsection as a ``CDE'') is a domestic corporation or
partnership that is an intermediary vehicle for the provision
of loans, investments, or financial counseling in low-income
communities. The CDFI Fund certifies community development
financial institutions and CDEs. Becoming a certified
community development financial institution or CDE allows
organizations to participate in various CDFI Fund programs as
follows:
(A) The Bank Enterprise Award Program, which provides FDIC-
insured depository institutions awards for a demonstrated
increase in lending and investments in distressed communities
and community development financial institutions.
(B) The CDFI Program, which provides financial and
technical assistance awards to community development
financial institutions to reinvest in the CDFI Fund, and to
build the capacity of the CDFI Fund, including financing
product development and loan loss reserves.
(C) The Native American CDFI Assistance Program, which
provides CDFIs and sponsoring entities Financial and
Technical Assistance awards to increase lending and grow the
number of CDFIs owned by Native Americans to help build
capacity of such CDFIs.
(D) The New Market Tax Credit Program, which provides tax
credits for making equity investments in CDEs that stimulate
capital investments in low-income communities.
(E) The Capital Magnet Fund, which provides awards to CDFIs
and nonprofit affordable housing organizations to finance
affordable housing solutions and related economic development
activities.
(F) The Bond Guarantee Program, a source of long-term,
patient capital for CDFIs to expand lending and investment
capacity for community and economic development purposes.
(2) The Department of the Treasury is authorized to create
multi-year grant programs designed to encourage low-to-
moderate income individuals to establish accounts at
federally insured banks, and to improve low-to-moderate
income individuals' access to such accounts on reasonable
terms.
(3) Under this authority, grants to participants in CDFI
Fund programs may be used for loan-loss reserves and to
establish small-dollar loan programs by subsidizing related
losses. These grants also allow for the providing recipients
with the financial counseling and education necessary to
conduct transactions and manage their accounts. These loans
provide low-cost alternatives to payday loans and other
nontraditional forms of financing that often impose excessive
interest rates and fees on borrowers, and lead millions of
people in the United States to fall into debt traps. Small-
dollar loans can only be made pursuant to terms, conditions,
and practices that are reasonable for the individual consumer
obtaining the loan.
(4) Program participation is restricted to eligible
institutions, which are limited to organizations listed in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under 501(a) of such Code, federally insured
depository institutions, community development financial
institutions and State, local, or Tribal governmental
entities.
(5) Since its founding, the CDFI Fund has awarded over
$3,300,000,000 to CDFIs and CDEs and has allocated
$54,000,000,000 in tax credits and $1,510,000,000 in bond
guarantees. According to the CDFI Fund, some programs attract
as much as $10 in private capital for every $1 invested by
the CDFI Fund. The Administration and Congress should
prioritize appropriation of funds for the loan loss reserve
fund and technical assistance programs administered by the
CDFI Fund.
(b) Definitions.--In this section:
[[Page S7754]]
(1) Community development financial institution.--The term
``community development financial institution'' has the
meaning given the term in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
(2) Minority depository institution.--The term ``minority
depository institution'' has the meaning given the term in
section 308(b) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
(c) Establishment of Impact Bank Designation.--
(1) In general.--Each Federal banking agency shall
establish a program under which a depository institution with
total consolidated assets of less than $10,000,000,000 may
elect to be designated as an impact bank if the total dollar
value of the loans extended by such depository institution to
low-income borrowers is greater than or equal to 50 percent
of the assets of such bank.
(2) Notification of eligibility.--Based on data obtained
through examinations of depository institutions, the
appropriate Federal banking agency shall notify a depository
institution if the institution is eligible to be designated
as an impact bank.
(3) Application.--Regardless of whether a depository
institution has received a notice of eligibility under
paragraph (2), a depository institution may submit an
application to the appropriate Federal banking agency--
(A) requesting to be designated as an impact bank; and
(B) demonstrating that the depository institution meets the
applicable qualifications.
(4) Limitation on additional data requirements.--The
Federal banking agencies may only impose additional data
collection requirements on a depository institution under
this subsection if such data is--
(A) necessary to process an application submitted by the
depository institution to be designated an impact bank; or
(B) with respect to a depository institution that is
designated as an impact bank, necessary to ensure the
depository institution's ongoing qualifications to maintain
such designation.
(5) Removal of designation.--If the appropriate Federal
banking agency determines that a depository institution
designated as an impact bank no longer meets the criteria for
such designation, the appropriate Federal banking agency
shall rescind the designation and notify the depository
institution of such rescission.
(6) Reconsideration of designation; appeals.--Under such
procedures as the Federal banking agencies may establish, a
depository institution may--
(A) submit to the appropriate Federal banking agency a
request to reconsider a determination that such depository
institution no longer meets the criteria for the designation;
or
(B) file an appeal of such determination.
(7) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Federal banking agencies shall
jointly issue rules to carry out the requirements of this
subsection, including by providing a definition of a low-
income borrower.
(8) Reports.--Each Federal banking agency shall submit an
annual report to Congress containing a description of actions
taken to carry out this subsection.
(9) Federal deposit insurance act definitions.--In this
subsection, the terms ``depository institution'',
``appropriate Federal banking agency'', and ``Federal banking
agency'' have the meanings given such terms, respectively, in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
(d) Minority Depositories Advisory Committees.--
(1) Establishment.--Each covered regulator shall establish
an advisory committee to be called the ``Minority
Depositories Advisory Committee''.
(2) Duties.--Each Minority Depositories Advisory Committee
shall provide advice to the respective covered regulator on
meeting the goals established by section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note) to preserve the present number of
covered minority institutions, preserve the minority
character of covered minority-owned institutions in cases
involving mergers or acquisitions, provide technical
assistance, and encourage the creation of new covered
minority institutions. The scope of the work of each such
Minority Depositories Advisory Committee shall include an
assessment of the current condition of covered minority
institutions, what regulatory changes or other steps the
respective agencies may be able to take to fulfill the
requirements of such section 308, and other issues of concern
to covered minority institutions.
(3) Membership.--
(A) In general.--Each Minority Depositories Advisory
Committee shall consist of no more than 10 members, who--
(i) shall serve for 1 2-year term;
(ii) shall serve as a representative of a depository
institution or an insured credit union with respect to which
the respective covered regulator is the covered regulator of
such depository institution or insured credit union; and
(iii) shall not receive pay by reason of their service on
the advisory committee, but may receive travel or
transportation expenses in accordance with section 5703 of
title 5, United States Code.
(B) Diversity.--To the extent practicable, each covered
regulator shall ensure that the members of the Minority
Depositories Advisory Committee of such agency reflect the
diversity of covered minority institutions.
(4) Meetings.--
(A) In general.--Each Minority Depositories Advisory
Committee shall meet not less frequently than twice each
year.
(B) Notice and invitations.--Each Minority Depositories
Advisory Committee shall--
(i) notify the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate in advance of each meeting of the
Minority Depositories Advisory Committee; and
(ii) invite the attendance at each meeting of the Minority
Depositories Advisory Committee of--
(I) one member of the majority party and one member of the
minority party of the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate; and
(II) one member of the majority party and one member of the
minority party of any relevant subcommittees of such
committees.
(5) No termination of advisory committees.--The termination
requirements under section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to a Minority
Depositories Advisory Committee established pursuant to this
subsection.
(6) Definitions.--In this subsection:
(A) Covered regulator.--The term ``covered regulator''
means the Comptroller of the Currency, the Board of Governors
of the Federal Reserve System, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
(B) Covered minority institution.--The term ``covered
minority institution'' means a minority depository
institution (as defined in section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note)).
(C) Depository institution.--The term ``depository
institution'' has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
(D) Insured credit union.--The term ``insured credit
union'' has the meaning given the term in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(7) Technical amendment.--Section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note) is amended by adding at the end the
following:
``(3) Depository institution.--The term `depository
institution' means an `insured depository institution' (as
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813)) and an insured credit union (as defined in
section 101 of the Federal Credit Union Act (12 U.S.C.
1752)).''.
(e) Federal Deposits in Minority Depository Institutions.--
(1) In general.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note) is amended--
(A) in subsection (b), as amended by subsection (d)(7) of
this section, by adding at the end the following new
paragraph:
``(4) Impact bank.--The term `impact bank' means a
depository institution designated by the appropriate Federal
banking agency pursuant to section 4507(c) of the Economic
Justice Act.''; and
(B) by adding at the end the following:
``(d) Federal Deposits.--The Secretary of the Treasury
shall ensure that deposits made by Federal agencies in
minority depository institutions and impact banks are
collateralized or insured, as determined by the Secretary.
Such deposits shall include reciprocal deposits as defined in
section 337.6(e)(2)(v) of title 12, Code of Federal
Regulations (as in effect on March 6, 2019).''.
(2) Technical amendments.--Section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note) is amended--
(A) in the matter preceding paragraph (1), by striking
``section--'' and inserting ``section:''; and
(B) in the paragraph heading for paragraph (1), by striking
``financial'' and inserting ``depository''.
(f) Minority Bank Deposit Program.--
(1) In general.--Section 1204 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811
note) is amended to read as follows:
``SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY
INSTITUTIONS.
``(a) Minority Bank Deposit Program.--
``(1) Establishment.--There is established a program to be
known as the `Minority Bank Deposit Program' to expand the
use of minority depository institutions.
``(2) Administration.--The Secretary of the Treasury,
acting through the Bureau of the Fiscal Service, shall--
``(A) on application by a depository institution or credit
union, certify whether such depository institution or credit
union is a minority depository institution;
``(B) maintain and publish a list of all depository
institutions and credit unions that have been certified
pursuant to subparagraph (A); and
``(C) periodically distribute the list described in
subparagraph (B) to--
``(i) all Federal departments and agencies;
``(ii) interested State and local governments; and
``(iii) interested private sector companies.
``(3) Inclusion of certain entities on list.--A depository
institution or credit union that, on the date of enactment of
the
[[Page S7755]]
Economic Justice Act, has a current certification from the
Secretary of the Treasury stating that such depository
institution or credit union is a minority depository
institution shall be included on the list described under
paragraph (2)(B).
``(b) Expanded Use Among Federal Departments and
Agencies.--
``(1) In general.--Not later than 1 year after the
establishment of the program described in subsection (a), the
head of each Federal department or agency shall develop and
implement standards and procedures to prioritize, to the
maximum extent possible as permitted by law and consistent
with principles of sound financial management, the use of
minority depository institutions to hold the deposits of each
such department or agency.
``(2) Report to congress.--Not later than 2 years after the
establishment of the program described in subsection (a), and
annually thereafter, the head of each Federal department or
agency shall submit to Congress a report on the actions taken
to increase the use of minority depository institutions to
hold the deposits of each such department or agency.
``(c) Definitions.--For purposes of this section:
``(1) Credit union.--The term `credit union' has the
meaning given the term `insured credit union' in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
``(2) Depository institution.--The term `depository
institution' has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
``(3) Minority.--The term `minority' means any Black
American, Native American, Hispanic American, or Asian
American.
``(4) Minority depository institution.--The term `minority
depository institution' has the meaning given the term in
section 308(b).''.
(2) Conforming amendments.--The following provisions are
amended by striking ``1204(c)(3)'' and inserting ``1204(c)'':
(A) Section 808(b)(3) of the Community Reinvestment Act of
1977 (12 U.S.C. 2907(b)(3)).
(B) Section 40(g)(1)(B) of the Federal Deposit Insurance
Act (12 U.S.C. 1831q(g)(1)(B)).
(C) Section 704B(h)(4) of the Equal Credit Opportunity Act
(15 U.S.C. 1691c-2(h)(4)).
(g) Diversity Report and Best Practices.--
(1) Annual report.--Each covered regulator shall submit to
Congress an annual report on diversity that includes the
following:
(A) Data, based on voluntary self-identification, on the
racial, ethnic, and gender composition of the examiners of
each covered regulator, disaggregated by length of time
served as an examiner.
(B) The status of any examiners of covered regulators,
based on voluntary self-identification, as a veteran, as
defined in section 101 of title 38, United States Code.
(C) Whether any covered regulator, as of the date on which
the report required under this subsection is submitted, has
adopted a policy, plan, or strategy to promote racial,
ethnic, and gender diversity among examiners of the covered
regulator.
(D) Whether any special training is developed and provided
for examiners related specifically to working with depository
institutions and credit unions, as those terms are defined in
section 1204(c) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note),
as amended by subsection (f)(1) of this section, that serve
communities that are predominantly minorities, low income, or
rural, and the key focus of such training.
(2) Best practices.--Each Office of Minority and Women
Inclusion of a covered regulator shall develop, provide to
the head of the covered regulator, and make publicly
available best practices--
(A) for increasing the diversity of candidates applying for
examiner positions, including through outreach efforts to
recruit diverse candidates to apply for entry-level examiner
positions; and
(B) for retaining and providing fair consideration for
promotions within the examiner staff for purposes of
achieving diversity among examiners.
(3) Covered regulator defined.--In this subsection, the
term ``covered regulator'' means the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, and the
National Credit Union Administration.
(h) Investments in Minority Depository Institutions and
Impact Banks.--
(1) Control for certain institutions.--Section 7(j)(8)(B)
of the Federal Deposit Insurance Act (12 U.S.C.
1817(j)(8)(B)) is amended to read as follows:
``(B) `control' means the power, directly or indirectly--
``(i) to direct the management or policies of an insured
depository institution; or
``(ii)(I) to vote 25 per centum or more of any class of
voting securities of an insured depository institution; or
``(II) with respect to an insured depository institution
that is an impact bank (as designated pursuant to section
4507(c) of the Economic Justice Act) or a minority depository
institution (as defined in section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note)), of an individual to vote 30 percent
or more of any class of voting securities of such an impact
bank or a minority depository institution.''.
(2) Rulemaking.--The Federal banking agencies shall jointly
issue rules for de novo minority depository institutions to
allow 3 years to meet the capital requirements otherwise
applicable to minority depository institutions.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Federal banking agencies shall
jointly submit to Congress a report on--
(A) the principal causes for the low number of de novo
minority depository institutions during the 10-year period
preceding the date of the report;
(B) the main challenges to the creation of de novo minority
depository institutions; and
(C) regulatory and legislative considerations to promote
the establishment of de novo minority depository
institutions.
(4) Definitions.--In this subsection:
(A) Federal banking agency.--The term ``Federal banking
agency'' has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
(B) Minority depository institution.--The term ``minority
depository institution'' has the meaning given the term in
section 308(b) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
(i) Custodial Deposit Program for Covered Minority
Depository Institutions and Impact Banks.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
issue rules establishing a custodial deposit program under
which a covered bank may receive deposits from a qualifying
account.
(2) Requirements.--In issuing rules under paragraph (1),
the Secretary of the Treasury shall--
(A) consult with the Federal banking agencies;
(B) ensure each covered bank participating in the program
established under this subsection--
(i) has appropriate policies relating to management of
assets, including measures to ensure the safety and soundness
of each such covered bank; and
(ii) is compliant with applicable law; and
(C) ensure, to the extent practicable, that the rules do
not conflict with goals described in section 308(a) of the
Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 (12 U.S.C. 1463 note).
(3) Limitations.--
(A) Deposits.--With respect to the funds of an individual
qualifying account, an entity may not deposit an amount
greater than the insured amount in a single covered bank.
(B) Total deposits.--The total amount of funds deposited in
a covered bank under the program described in this subsection
may not exceed the lesser of--
(i) 10 percent of the average amount of deposits held by
the covered bank in the previous quarter; or
(ii) $100,000,000 (as adjusted for inflation).
(4) Report.--Each quarter, the Secretary of the Treasury
shall submit to Congress a report on the implementation of
the program established under this subsection, including
information identifying participating covered banks and the
total amount of deposits received by covered banks under the
program.
(5) Definitions.--In this subsection:
(A) Appropriate federal banking agency; federal banking
agency.--The terms ``appropriate Federal banking agency'' and
``Federal banking agencies'' have the meaning given those
terms, respectively, in section 3 of the Federal Deposit
Insurance Act. (12 U.S.C. 1813).
(B) Covered bank.--The term ``covered bank'' means--
(i) a minority depository institution that is well
capitalized, as defined by the appropriate Federal banking
agency; or
(ii) a depository institution designated as an impact bank
pursuant to subsection (c) that is well capitalized, as
defined by the appropriate Federal banking agency.
(C) Insured amount.--The term ``insured amount'' means the
amount that is the greater of--
(i) the standard maximum deposit insurance amount (as
defined in section 11(a)(1)(E) of the Federal Deposit
Insurance Act (12 U.S.C. 1821(a)(1)(E))); or
(ii) such higher amount negotiated between the Secretary of
the Treasury and the Federal Deposit Insurance Corporation
under which the Corporation will insure all deposits of such
higher amount.
(D) Minority depository institution.--The term ``minority
depository institution'' has the meaning given the term in
section 308(b) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
(E) Qualifying account.--The term ``qualifying account''
means any account established in the Department of the
Treasury that--
(i) is controlled by the Secretary; and
(ii) is expected to maintain a balance greater than
$200,000,000 for the following 24-month period.
(j) Streamlined Community Development Financial Institution
Applications and Reporting.--
(1) Application processes.--Not later than 1 year after the
date of enactment of this Act and with respect to any person
having assets under $3,000,000,000 that submits an
application for deposit insurance with the Federal Deposit
Insurance Corporation that could also become a community
development
[[Page S7756]]
financial institution, the Federal Deposit Insurance
Corporation, in consultation with the Administrator of the
Community Development Financial Institutions Fund, shall--
(A) develop systems and procedures to record necessary
information to allow the Administrator to conduct preliminary
analysis for such person to also become a community
development financial institution; and
(B) develop procedures to streamline the application and
annual certification processes and to reduce costs for such
person to become, and maintain certification as, a community
development financial institution.
(2) Implementation report.--Not later than 18 months after
the date of enactment of this Act, the Federal Deposit
Insurance Corporation shall submit to Congress a report
describing the systems and procedures required under
paragraph (1).
(3) Annual report.--
(A) In general.--Section 17(a)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1827(a)(1)) is amended--
(i) in subparagraph (E), by striking ``and'' at the end;
(ii) by redesignating subparagraph (F) as subparagraph (G);
(iii) by inserting after subparagraph (E) the following:
``(F) applicants for deposit insurance that could also
become community development financial institutions (as
defined in section 103 of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4702)),
minority depository institutions (as defined in section 308
of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note)), or impact
banks (as designated pursuant to section 4507(c) of the
Economic Justice Act); and''.
(B) Application.--The amendment made by this paragraph
shall apply with respect to the first report to be submitted
after the date that is 2 years after the date of enactment of
this Act.
(4) Definition.--In this subsection, the term ``community
development financial institution'' has the meaning given the
term in section 103 of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4702).
(k) Task Force on Lending to Small Business Concerns.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(B) Community development financial institution.--The term
``community development financial institution'' has the
meaning given the term in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
(C) Impact bank.--The term ``impact bank'' means a
depository institution designated by the appropriate Federal
banking agency pursuant to section 4507(c).
(D) Minority depository institution.--The term ``minority
depository institution'' has the meaning given the term in
section 308(b) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
(E) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(2) Task force.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
task force to examine methods for improving relationships
between the Small Business Administration and community
development financial institutions, minority depository
institutions, and impact banks to increase the volume of
loans provided by those institutions to small business
concerns.
(3) Report to congress.--Not later than 18 months after the
establishment of the task force described in paragraph (2),
the Administrator shall submit to Congress a report on the
findings of the task force.
SEC. 4508. ESTABLISHMENT OF FINANCIAL AGENT PARTNERSHIP
PROGRAM.
(a) In General.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note), as amended by section 4507(e), is amended by adding at
the end the following:
``(e) Financial Agent Partnership Program.--
``(1) In general.--The Secretary of the Treasury shall
establish a program to be known as the `Financial Agent
Partnership Program' (in this subsection referred to as the
`Program') under which a financial agent designated by the
Secretary or a large financial institution may serve as a
mentor, under guidance or regulations prescribed by the
Secretary, to a small financial institution to allow the
small financial institution--
``(A) to be prepared to perform as a financial agent; or
``(B) to improve capacity to provide services to the
customers of the small financial institution.
``(2) Outreach.--The Secretary shall hold outreach events
to promote the participation of financial agents, large
financial institutions, and small financial institutions in
the Program at least once a year.
``(3) Financial partnerships.--
``(A) In general.--Any large financial institution
participating in the Program with the Department of the
Treasury, if not already required to include a small
financial institution, shall offer not more than 5 percent of
every contract under that program to a small financial
institution.
``(B) Acceptance of risk.--As a requirement of
participation in a contract described in subparagraph (A), a
small financial institution shall accept the risk of the
transaction equivalent to the percentage of any fee the
institution receives under the contract.
``(C) Partner.--A large financial institution partner may
work with small financial institutions, if necessary, to
train professionals to understand any risks involved in a
contract under the Program.
``(D) Increased limit for certain institutions.--With
respect to a program described in subparagraph (A), if the
Secretary of the Treasury determines that it would be
appropriate and would encourage capacity building, the
Secretary may alter the requirements under subparagraph (A)
to require both--
``(i) a higher percentage of the contract be offered to a
small financial institution; and
``(ii) require the small financial institution to be a
community development financial institution or a minority
depository institution.
``(4) Exclusion.--The Secretary shall issue guidance or
regulations to establish a process under which a financial
agent, large financial institution, or small financial
institution may be excluded from participation in the
Program.
``(5) Report.--The Office of Minority and Women Inclusion
of the Department of the Treasury shall include in the report
submitted to Congress under section 342(e) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C.
5452(e)) information pertaining to the Program, including--
``(A) the number of financial agents, large financial
institutions, and small financial institutions participating
in the Program; and
``(B) the number of outreach events described in paragraph
(2) held during the year covered by the report.
``(6) Definitions.--In this subsection:
``(A) Community development financial institution.--The
term `community development financial institution' has the
meaning given the term in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
``(B) Financial agent.--The term `financial agent' means
any national banking association designated by the Secretary
of the Treasury to be employed as a financial agent of the
Federal Government.
``(C) Large financial institution.--The term `large
financial institution' means any entity regulated by the
Comptroller of the Currency, the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance
Corporation, or the National Credit Union Administration that
has total consolidated assets of not less than
$50,000,000,000.
``(D) Small financial institution.--The term `small
financial institution' means--
``(i) any entity regulated by the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, or the
National Credit Union Administration that has total
consolidated assets of not more than $2,000,000,000; or
``(ii) a minority depository institution.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on the date that is 90 days
after the date of enactment of this Act.
SEC. 4509. STRENGTHENING MINORITY LENDING INSTITUTIONS.
(a) Minority Lending Institution Set-aside in Providing
Assistance.--
(1) In general.--Section 108 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4707) is amended by adding at the end the following:
``(i) Minority Lending Institution Set-aside in Providing
Assistance.--Notwithstanding any other provision of law, in
providing any assistance, the Fund shall reserve 40 percent
of such assistance for minority lending institutions.''.
(2) Definitions.--
(A) In general.--Section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702) is amended by adding at the end the following:
``(22) Minority lending institution definitions.--
``(A) Minority.--The term `minority' means any Black
American, Hispanic American, Asian American, Native American,
Native Alaskan, Native Hawaiian, or Pacific Islander.
``(B) Minority lending institution.--The term `minority
lending institution' means a community development financial
institution--
``(i) with respect to which a majority of the total number
of loans and a majority of the value of investments of the
community development financial institution are directed at
minorities and other targeted populations;
``(ii) that is a minority depository institution, as
defined in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note), or otherwise considered to be a minority depository
institution by the appropriate Federal banking agency; or
``(iii) that is 51 percent owned by 1 or more socially and
economically disadvantaged individuals.
``(C) Additional definitions.--In this paragraph, the terms
`other targeted populations'
[[Page S7757]]
and `socially and economically disadvantaged individual'
shall have the meaning given those terms by the
Administrator.''.
(B) Temporary safe harbor for certain institutions.--A
community development financial institution that is a
minority depository institution listed in the Federal Deposit
Insurance Corporation's Minority Depository Institutions List
published for the Second Quarter 2020 shall be deemed a
``minority lending institution'' under paragraph (22) of
section 103 of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4702), as added
by subparagraph (A), for purposes of--
(i) any program carried out using appropriations authorized
for the Community Development Financial Institutions Fund
under section 4506; and
(ii) the Neighborhood Capital Investment Program
established under section 4003(i) of the CARES Act, as added
by section 4505(2) of this Act.
(b) Office of Minority Lending Institutions.--Section 104
of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4703) is amended by
adding at the end the following:
``(l) Office of Minority Lending Institutions.--
``(1) Establishment.--There is established within the Fund
an Office of Minority Lending Institutions, which shall
oversee assistance provided by the Fund to minority lending
institutions.
``(2) Deputy director.--The head of the Office shall be the
Deputy Director of Minority Lending Institutions, who shall
report directly to the Administrator.''.
(c) Reporting on Minority Lending Institutions.--Section
117 of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4716) is amended by
adding at the end the following:
``(g) Reporting on Minority Lending Institutions.--Each
report required under subsection (a) shall include a
description of the extent to which assistance from the Fund
is provided to minority lending institutions.''.
(d) Submission of Data Relating to Diversity by Community
Development Financial Institutions.--Section 104 of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4703) is amended by adding at the end the
following:
``(l) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning given
the term in section 230.501(f) of title 17, Code of Federal
Regulations, as in effect on the date of enactment of this
subsection; and
``(B) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each Fund applicant and
recipient shall provide the following:
``(A) Data, based on voluntary self-identification, on the
racial, ethnic, and gender composition of--
``(i) the board of directors of the institution;
``(ii) nominees for the board of directors of the
institution; and
``(iii) the executive officers of the institution.
``(B) The status of any member of the board of directors of
the institution, any nominee for the board of directors of
the institution, or any executive officer of the institution,
based on voluntary self-identification, as a veteran.
``(C) Whether the board of directors of the institution, or
any committee of that board of directors, has, as of the date
on which the institution makes a disclosure under this
paragraph, adopted any policy, plan, or strategy to promote
racial, ethnic, and gender diversity among--
``(i) the board of directors of the institution;
``(ii) nominees for the board of directors of the
institution; or
``(iii) the executive officers of the institution.
``(3) Annual report.--Not later than 18 months after the
date of enactment of this subsection, and annually
thereafter, the Fund shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives, and make publicly available on the website
of the Fund, a report--
``(A) on the data and trends of the diversity information
made available pursuant to paragraph (2); and
``(B) containing all administrative or legislative
recommendations of the Fund to enhance the implementation of
this title or to promote diversity and inclusion within
community development financial institutions.''.
SEC. 4510. CDFI BOND GUARANTEE REFORM.
Effective January 1, 2021, section 114A(e)(2)(B) of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4713a(e)(2)(B)) is amended by striking
``$100,000,000'' and inserting ``$50,000,000''.
SEC. 4511. REPORTS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
(2) Community development financial institution.--The term
``community development financial institution'' has the
meaning given the term in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
(3) Credit union.--The term ``credit union'' means a State
credit union or a Federal credit union, as those terms are
defined in section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
(4) Depository institution.--The term ``depository
institution'' has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
(5) Minority depository institution.--The term ``minority
depository institution'' has the meaning given the term in
section 308(b) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
(6) Minority lending institution.--The term ``minority
lending institution'' has the meaning given the term in
paragraph (22) of section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702), as added by section 4506(d) of this Act.
(b) Reports.--The Secretary of the Treasury shall provide
to the appropriate committees of Congress--
(1) within 30 days of the end of each month commencing with
the first month in which transactions are made under a
program established under this subtitle or the amendments
made by this subtitle, a written report describing all of the
transactions made during the reporting period pursuant to the
authorities granted under this subtitle or the amendments
made by this subtitle; and
(2) after the end of March and the end of September,
commencing March 31, 2021, a written report on all projected
costs and liabilities, all operating expenses, including
compensation for financial agents, and all transactions made
by the Community Development Financial Institutions Fund,
including participating institutions and amounts each
institution has received under each program described in
paragraph (1).
(c) Breakdown of Funds.--Each report required under
subsection (b) shall specify the amount of funds under each
program described in subsection (b)(1) that went to--
(1) minority depository institutions that are depository
institutions;
(2) minority depository institutions that are credit
unions;
(3) minority lending institutions;
(4) community development financial institution loan funds;
(5) community development financial institutions that are
depository institutions; and
(6) community development financial institutions that are
credit unions.
SEC. 4512. INSPECTOR GENERAL OVERSIGHT.
(a) In General.--The Inspector General of the Department of
the Treasury shall conduct, supervise, and coordinate audits
and investigations of any program established under this
subtitle or the amendments made by this subtitle.
(b) Reporting.--The Inspector General of the Department of
the Treasury shall issue a report not less frequently than 2
times per year to Congress and the Secretary of the Treasury
relating to the oversight provided by the Office of the
Inspector General, including any recommendations for
improvements to the programs described in subsection (a).
SEC. 4513. STUDY AND REPORT WITH RESPECT TO IMPACT OF
PROGRAMS ON LOW- AND MODERATE-INCOME AND
MINORITY COMMUNITIES.
(a) Study.--The Secretary of the Treasury shall conduct a
study of the impact of the programs established under this
title or any amendment made by this subtitle on low- and
moderate-income and minority communities.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study conducted pursuant to
subsection (a), which shall include, to the extent possible,
the results of the study disaggregated by ethnic group.
(c) Information Provided to the Secretary.--Eligible
institutions that participate in any of the programs
described in subsection (a) shall provide the Secretary of
the Treasury with such information as the Secretary may
require to carry out the study required by this section.
TITLE V--DOWNPAYMENT ON BUILDING 21ST CENTURY INFRASTRUCTURE
SEC. 5001. FINDINGS.
Congress finds the following:
(1) This Act is a major proposal to re-program billions of
unspent CARES Act (Public Law 116-136) funding in immediate
and long-term investments in Black communities and other
communities of color.
(2) The current COVID-19 pandemic has disproportionally
impacted communities of color and exacerbated the conditions
that, combined with persistently underfunded critical
priorities like public health, child care, infrastructure,
and job creation, have led to record levels of poverty and
sickness.
(3) The historical record of Federal underinvestment in
communities of color has created systematic disparities that
cross nearly every economic sector and require Congressional
and Executive action to undo.
(4) This Act makes critical short term investments to
respond to these disparities exacerbated by the pandemic, in
areas like in child care, mental health and primary care, and
job creation.
(5) This Act has a secondary objective of helping to build
long lasting wealth, health,
[[Page S7758]]
and economic stability in these communities with an initial
commitment to be made over the next 5 years through
investments in infrastructure, a homeowner down payment tax
credit, Medicaid expansion, and more.
(6) This Act is not the conclusion of efforts in this
space, but an initial down payment to communities of color
and the first in many focused investments and policy
initiatives to begin dismantling systematic racism.
Subtitle A--High-speed Internet
SEC. 5101. DEFINITIONS.
In this subtitle:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband; broadband service.--The term ``broadband''
or ``broadband service'' has the meaning given the term
``broadband internet access service'' in section 8.1 of title
47, Code of Federal Regulations, or any successor regulation.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Digital equity.--The term ``digital equity'' means the
condition in which individuals and communities have the
information technology capacity that is needed for full
participation in the society and economy of the United
States.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 3 of the Communications Act
of 1934 (47 U.S.C. 153), as amended by section 5126 of this
Act.
(6) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 3 of the Communications Act
of 1934 (47 U.S.C. 153), as amended by section 5126 of this
Act.
(7) Tribal land.--The term ``Tribal land'' has the meaning
given the term in section 3 of the Communications Act of 1934
(47 U.S.C. 153), as amended by section 5126 of this Act.
CHAPTER 1--BROADBAND CONNECTIVITY FUND
SEC. 5111. DEFINITIONS.
In this chapter:
(1) Lifeline program.--The term ``Lifeline program'' means
the program set forth under subpart E of part 54 of title 47,
Code of Federal Regulations (or any successor regulation).
(2) National lifeline eligibility verifier.--The term
``National Lifeline Eligibility Verifier'' has the meaning
given the term in section 54.400 of title 47, Code of Federal
Regulations (or any successor regulation).
(3) State.--The term ``State'' has the meaning given the
term in section 3 of the Communications Act of 1934 (47
U.S.C. 153).
SEC. 5112. ADDITIONAL BROADBAND BENEFIT.
(a) Definitions.--In this section:
(1) Broadband benefit.--The term ``broadband benefit''
means a monthly discount for an eligible household applied to
the normal rate for an internet service offering, in an
amount equal to the lesser of--
(A) the normal rate; or
(B)(i) $50; or
(ii) if an internet service offering is provided to an
eligible household on Tribal land, $75.
(2) Connected device.--The term ``connected device'' means
a laptop or desktop computer or a tablet.
(3) Eligible household.--The term ``eligible household''
means, regardless of whether the household or any member of
the household receives support under the Lifeline program,
and regardless of whether any member of the household has any
past or present arrearages with a provider, a household in
which not less than 1 member of the household--
(A) meets the qualifications in paragraph (a) or (b) of
section 54.409 of title 47, Code of Federal Regulations (or
any successor regulation);
(B) receives free or reduced price meals under--
(i) the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.); or
(ii) the school breakfast program established under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(C) experienced a substantial loss of income for not less
than 2 consecutive months immediately preceding the month for
which eligibility for the broadband benefit is being
determined, documented by layoff or furlough notice,
application for unemployment insurance benefits, or similar
documentation; or
(D) received a Federal Pell Grant under section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a) in the most
recent academic year.
(4) Internet service offering.--The term ``internet service
offering''--
(A) with respect to a provider that is providing broadband
service before the date of enactment of this Act, means
broadband service provided by the provider to a household,
offered in the same manner, and on the same or better terms,
as described in any of the provider's advertisements for
broadband service to the household, as of May 1, 2020 (or
such later date as the Commission may by rule determine, if
the Commission considers it necessary); and
(B) with respect to a provider that begins providing
broadband service after the date of enactment of this Act,
means broadband service provided by the provider to a
household, offered in the same manner, and on the same or
better terms, as the manner and terms described in
advertisements to the household from another provider for
similar service as of May 1, 2020 (or such later date as the
Commission may by rule determine, if the Commission considers
it necessary); and
(5) Normal rate.--The term ``normal rate'', with respect to
an internet service offering by a provider, means the monthly
retail rate, including any applicable promotions and
excluding any taxes or other governmental fees, that was
advertised on May 1, 2020 (or such later date as the
Commission may by rule determine, if the Commission considers
it necessary)--
(A) by the provider for that level of service, in the case
of an internet service offering described in paragraph
(4)(A); or
(B) by another provider for similar service, in the case of
an internet service offering described in paragraph (4)(B).
(6) Provider.--The term ``provider'' means a provider of
broadband service.
(b) Promulgation of Regulations Required.--Not later than
180 days after the date of enactment of this Act, the
Commission shall promulgate regulations implementing this
section.
(c) Requirements.--The regulations promulgated under
subsection (b) shall establish the following:
(1) Broadband benefit.--A provider shall--
(A) provide an eligible household with an internet service
offering, upon request by a member of the household; and
(B) discount the price charged to the household for the
internet service offering in an amount equal to the broadband
benefit for the household.
(2) Verification of eligibility.--To verify whether a
household is an eligible household, a provider shall--
(A) use the National Lifeline Eligibility Verifier;
(B) rely upon an alternative verification process of the
provider, if the Commission finds that process to be
sufficient to avoid waste, fraud, and abuse while maintaining
a goal of digital equity; or
(C) rely upon a school to verify the eligibility of the
household based on not less than 1 member of the household
receiving free or reduced price meals under the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
(3) Use of national lifeline eligibility verifier.--The
Commission shall--
(A) expedite the ability of all providers to access the
National Lifeline Eligibility Verifier for purposes of
determining whether a household is an eligible household; and
(B) ensure that the National Lifeline Eligibility Verifier
approves an eligible household to receive the broadband
benefit not later than 10 days after the date of the
submission of information necessary to determine if the
household is an eligible household.
(4) Reimbursement.--Using amounts from the Broadband
Connectivity Fund established under subsection (h), the
Commission shall reimburse a provider in an amount equal to
the broadband benefit with respect to an eligible household
that receives the broadband benefit from the provider.
(5) Reimbursement for connected device.--A provider that,
in addition to providing the broadband benefit to an eligible
household, supplies the household with a connected device may
be reimbursed not more than $100 from the Broadband
Connectivity Fund established under subsection (h) for the
connected device, if the charge to the eligible household is
more than $10 and less than $50 for the connected device,
except that a provider may receive reimbursement for not more
than 1 connected device per eligible household.
(6) Certification required.--To receive a reimbursement
under paragraph (4) or (5), a provider shall provide to the
Commission--
(A) a certification that the amount for which the provider
is seeking reimbursement from the Broadband Connectivity Fund
for an internet service offering to an eligible household is
not more than the normal rate;
(B) a certification that each eligible household for which
the provider is seeking reimbursement for providing an
internet service offering discounted by the broadband
benefit--
(i) has not been and will not be charged--
(I) for the offering, if the normal rate for the offering
is not more than the amount of the broadband benefit for the
household; or
(II) more for the offering than the difference between--
(aa) the normal rate for the offering; and
(bb) the amount of the broadband benefit for the household;
(ii) will not be required to pay an early termination fee
if the eligible household--
(I) elects to enter into a contract to receive the internet
service offering; and
(II) later terminates the contract;
(iii) was not subject to a mandatory waiting period for the
internet service offering based on having previously received
broadband service from the provider; and
(iv)(I) will not be denied the internet service offering or
connected device based on consideration of a credit report or
credit score; and
(II) in the case of an eligible household that would
traditionally be determined ineligible based on consideration
of a credit report or credit score, is provided access to--
(aa) the best plan for internet service offered by the
provider with speeds of not less than 25 megabits per second
downstream and 3 megabits per second upstream, if the rate
for that offering is less than $50; or
(bb) if a plan described in item (aa) is not available for
less than $50, the lowest-priced
[[Page S7759]]
internet service offering of the provider with speeds of not
less than 25 megabits per second downstream and 3 megabits
per second upstream;
(C) a certification that each eligible household for which
the provider is seeking reimbursement for supplying the
household with a connected device has not been and will not
be charged $10 or less or $50 or more for the device; and
(D) if the provider elects an alternative verification
process under paragraph (2)(B)--
(i) a description of the process used by the provider to
verify that a household is an eligible household; and
(ii) a certification that the verification process was
designed to avoid waste, fraud, and abuse while maintaining a
goal of digital equity.
(7) Audit requirements.--The Commission shall adopt audit
requirements to--
(A) ensure that providers are in compliance with the
requirements under this section;
(B) prevent waste, fraud, and abuse in the broadband
benefit program established under this section; and
(C) ensure that providers maintain a goal of digital equity
in carrying out the broadband benefit program established
under this section.
(d) Eligible Providers.--Notwithstanding subsection (f),
the Commission shall provide a reimbursement to a provider
under this section without requiring the provider to be
designated as an eligible telecommunications carrier under
section 214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)).
(e) Rule of Construction.--Nothing in this section shall
affect the collection, distribution, or administration of the
Lifeline program.
(f) Part 54 Regulations.--Nothing in this section shall be
construed to prevent the Commission from providing that the
regulations in part 54 of title 47, Code of Federal
Regulations (or any successor regulation), with respect to
support provided under the regulations required under
subsection (b)--
(1) shall apply in whole or in part to that support;
(2) shall not apply in whole or in part to that support; or
(3) shall be modified in whole or in part for purposes of
application to that support.
(g) Enforcement.--
(1) Treatment as violation of communications act of 1934.--
A violation of this section or a regulation promulgated under
this section, including the knowing or reckless denial of an
internet service offering discounted by the broadband benefit
to an eligible household that requests such an offering,
shall be treated as a violation of the Communications Act of
1934 (47 U.S.C. 151 et seq.) or a regulation promulgated
under that Act.
(2) Incorporation of terms and provisions.--The Commission
shall enforce this section and the regulations promulgated
under this section in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Communications Act of
1934 were incorporated into and made a part of this section.
(h) Broadband Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Broadband
Connectivity Fund''.
(2) Appropriation.--There is appropriated to the Broadband
Connectivity Fund, out of any money in the Treasury not
otherwise appropriated, $20,975,000,000 for fiscal year 2021,
to remain available until expended.
(3) Use of funds.--Amounts in the Broadband Connectivity
Fund shall be available to the Commission for reimbursements
to providers under the regulations required under subsection
(b).
(4) Relationship to universal service contributions.--
Reimbursements provided under the regulations required under
subsection (b) shall be provided from amounts made available
under this subsection and not from contributions under
section 254(d) of the Communications Act of 1934 (47 U.S.C.
254(d)), except the Commission may use those contributions if
needed to offset expenses associated with the reliance on the
National Lifeline Eligibility Verifier to determine
eligibility of households to receive the broadband benefit.
(5) Lack of availability of funds.--The regulations
required under subsection (b) shall provide that a provider
is not required to provide an eligible household with an
internet service offering under subsection (c)(1) for any
month for which there are insufficient amounts in the
Broadband Connectivity Fund to reimburse the provider under
subsection (c)(4) for providing the broadband benefit to the
eligible household.
SEC. 5113. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE
ELIGIBILITY VERIFIER.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, using amounts appropriated under
subsection (d), the Commission shall make a grant to each
State, in an amount in proportion to the population of the
State, for the purpose of connecting the database used by the
State for purposes of the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.) to the National Lifeline Eligibility
Verifier, so that the receipt by a household of benefits
under that program is reflected in the National Lifeline
Eligibility Verifier.
(b) Disbursement of Grant Funds.--Not later than 60 days
after the date of enactment of this Act, the Commission shall
disburse funds under a grant made under subsection (a) to the
State receiving the grant.
(c) Certification to Congress.--Not later than 90 days
after the date of enactment of this Act, the Commission shall
certify to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives that the Commission
has--
(1) made the grants required under subsection (a); and
(2) disbursed funds as required under subsection (b).
(d) Appropriation.--There is appropriated to the
Commission, out of any money in the Treasury not otherwise
appropriated, $400,000,000 to carry out this section for
fiscal year 2021, to remain available until expended.
SEC. 5114. FEDERAL COORDINATION BETWEEN LIFELINE AND SNAP
VERIFICATION.
(a) Definition.--In this section, the term ``automated
connection'' means a connection, to the maximum extent
practicable, between 2 or more information systems where the
manual input of information in 1 system leads to the
automatic input of the same information any other connected
system.
(b) Establishment of Automated Connection.--Notwithstanding
section 11(x)(2)(c)(i) of the Food and Nutrition Act of 2008
(7 U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after
the date of enactment of this Act, the Commission shall, in
coordination with the Secretary of Agriculture, establish an
automated connection, to the maximum extent practicable,
between the National Lifeline Eligibility Verifier and the
National Accuracy Clearinghouse established under section
11(x) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(x)).
(c) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the
Secretary of Agriculture, in consultation with the
Commission, shall produce a report on enrollment in the
Lifeline program by individuals participating in the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(d) Study.--Not later than 1 year after the date of
enactment of this Act, the Commission shall conduct a study
and submit a report to Congress on--
(1) the projected number of new broadband service consumers
who adopted broadband service through a Federal assistance
program; and
(2) data that illustrates the efficacy of various
advertising efforts on eligibility for the Lifeline program.
CHAPTER 2--TRIBAL BROADBAND
SEC. 5121. DEFINITIONS.
In this chapter:
(1) Tribal broadband benchmark.--The term ``Tribal
broadband benchmark'' means the minimum acceptable level of
broadband service on Tribal land, which shall consist of--
(A) speed that is not slower than the speed required for
the service to qualify as an advanced telecommunications
capability, as that term is defined in section 706(d) of the
Telecommunications Act of 1996 (47 U.S.C. 1302(d)), as of the
date on which that speed is measured; and
(B) network round trip latency that is at or below 100
milliseconds for not less than 95 percent of all peak period
measurements of network round trip latency.
(2) Tribal entity.--The term ``Tribal entity'' has the
meaning given the term in section 3 of the Communications Act
of 1934 (47 U.S.C. 153), as amended by section 5126 of this
Act.
(3) Tribal government.--The term ``Tribal government''
means the governing body of a Tribal entity.
(4) Underserved tribal entity.--
(A) In general.--The term ``underserved Tribal entity''
means a Tribal entity, the Tribal land of which--
(i) lacks affordable broadband service; or
(ii) has subscription rates for broadband service that are
below 80 percent, as determined by the Commission.
(B) Associated definition.--In this paragraph, the term
``affordable broadband service'' means broadband service on
Tribal land, the rates for which are not more than the
average rates charged for broadband service in the 5 nearest
municipalities to that Tribal land that have a population of
more than 10,000 individuals, as determined by the
Commission.
SEC. 5122. TRIBAL BROADBAND FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Tribal
Broadband Fund''.
(b) Appropriation.--There is appropriated to the Tribal
Broadband Fund, out of any money in the Treasury not
otherwise appropriated, $14,300,000,000 for fiscal year 2021,
to remain available until expended.
(c) Use of Funds.--Amounts in the Tribal Broadband Fund
shall be available to the Commission to--
(1) support the rapid development and deployment of
broadband service on Tribal land;
(2) provide broadband service to qualifying anchor
institutions (as defined in section 5124);
(3) provide broadband education, awareness, training,
access, and equipment to broadband providers that serve
Tribal land; and
[[Page S7760]]
(4) support the activities of the Tribal Broadband
Interagency Working Group established under section 5123(b),
in accordance with section 5123(c)(6).
SEC. 5123. INTERAGENCY COORDINATION PROGRAM.
(a) Purpose.--The purpose of this section is to--
(1) expedite and streamline the deployment of affordable
broadband service on Tribal land through the coordination of
grants or other financial assistance;
(2) improve the effectiveness of Federal assistance in
meeting the obligation of the Commission to ensure universal
availability of broadband networks to all people of the
United States, including individuals living on Tribal land;
and
(3) ensure the preservation and protection of self-
governance, economic opportunity, health, education, public
safety, and welfare of Tribal entities.
(b) Interagency Working Group.--
(1) Establishment.--The Assistant Secretary and the
Administrator of the Rural Utilities Service (referred to in
this section as the ``Administrator'') shall establish a
working group to be known as the ``Tribal Broadband
Interagency Working Group'' (referred to in this section as
the ``Working Group'') to carry out the duties described in
paragraph (3).
(2) Administration.--
(A) Chairs.--The Assistant Secretary and the Administrator
shall serve as co-chairs of the Working Group.
(B) Membership; staffing.--The Assistant Secretary and the
Administrator, in consultation with the Tribal Broadband
Deployment Advisory Committee established under subsection
(e), shall determine the membership and staffing of the
Working Group.
(3) Duties.--The Working Group shall--
(A)(i) serve as a forum for improving coordination across
Federal broadband programs that are available to Tribal
entities;
(ii) reduce regulatory barriers to broadband deployment on
Tribal land;
(iii) promote awareness of the value and availability of
Federal support for broadband deployment on Tribal land; and
(iv) develop common Federal goals, performance measures,
and plans to deploy affordable broadband to Tribal land;
(B) not later than 1 year after the date of enactment of
this Act, and biennially thereafter, issue a strategic plan
regarding Tribal broadband deployment activities, priorities,
and objectives;
(C) promote coordination of the activities of Federal
agencies on Tribal broadband deployment activities, including
the activities of--
(i) the Department of Agriculture;
(ii) the Department of Commerce;
(iii) the Department of Education;
(iv) the Department of Health and Human Services;
(v) the Department of Housing and Urban Development;
(vi) the Department of the Interior;
(vii) the Department of Labor;
(viii) the Commission;
(ix) the Institute of Museum and Library Services; and
(x) any other Federal agency that the Working Group
considers appropriate;
(D) provide technical assistance for the development of
Tribal broadband deployment plans to meet the Tribal
broadband benchmark;
(E) under subsection (d), develop a streamlined and
standardized application process for grants and other
financial assistance to advance the deployment of broadband
on Tribal land;
(F) promote information exchange between Federal agencies--
(i) to identify and document Federal and non-Federal
programs and funding opportunities that support Tribal
broadband deployment; and
(ii) if practicable, to leverage existing programs by
encouraging joint solicitations, block grants, and matching
programs with non-Federal entities; and
(G) develop a standardized form that identifies all
applicable Federal statutory provisions, regulations,
policies, or procedures that the Working Group determines are
necessary to adhere to in order to implement a Tribal
broadband deployment plan.
(c) Tribal Broadband Deployment Plan.--
(1) Identification of underserved tribal entities.--Not
later than 180 days after the date of enactment of this Act,
the Chairman of the Commission, in coordination with the
Secretary of the Interior, shall identify each underserved
Tribal entity and publish a list of such entities in the
Federal Register.
(2) Notice to underserved tribal entities.--Not later than
30 days after the date on which the list is published in the
Federal Register under paragraph (1), the Working Group shall
send notice to each underserved Tribal entity on the list
inviting the entity to request technical assistance for the
development of a Tribal broadband deployment plan under this
subsection.
(3) Technical assistance.--At the request of an underserved
Tribal entity, the Working Group shall provide the entity
with technical assistance to facilitate the development,
adoption, and deployment of a Tribal broadband development
plan detailing the current and projected efforts of the
entity to meet the Tribal broadband benchmark.
(4) Plan elements.--Each Tribal broadband deployment plan
developed under this subsection shall--
(A) describe a comprehensive strategy identifying the full
range of options to meet the Tribal broadband benchmark;
(B) describe all available Federal programs that are
available to assist the applicable underserved Tribal entity
in meeting the Tribal broadband benchmark;
(C) describe the way in which Federal program activities
and funds shall be integrated, consolidated, and delivered to
the applicable underserved Tribal entity to meet the Tribal
broadband benchmark;
(D) describe the results expected from implementing the
plan, including the expected number of additional households
or participants that would be served due to the
implementation of the plan;
(E) identify the projected non-Federal expenditures under
the plan;
(F) identify any agency of the applicable underserved
Tribal entity that will be involved in the delivery of the
services integrated under the plan;
(G) identify all applicable Federal, State, and Tribal
statutory provisions, regulations, policies, or procedures
that the Working Group determines are necessary to adhere to
in order to implement the plan;
(H) identify opportunities for the applicable underserved
Tribal entity to purchase spectrum; and
(I) identify--
(i) deployment obstacles; and
(ii) activities that are necessary to ensure access to
affordable broadband, including digital literacy training,
technical support, privacy and cybersecurity expertise, or
other end-user technology needs.
(5) Promoting broadband availability.--The Working Group
shall work in partnership with State, local, and Tribal
governments, and consumer and industry groups, to promote
broadband availability to each underserved Tribal entity,
including consumers in rural and high-cost areas that are
adjacent to Tribal land.
(6) Authorization of appropriations.--For each of fiscal
years 2021 through 2025, the Commission may transfer not more
than $5,000,000 of the amounts made available from the Tribal
Broadband Fund established under section 5122 to the Working
Group to carry out subsection (b) and this subsection.
(d) Streamlined Applications for Support.--
(1) Agency consultation.--The Assistant Secretary shall
consult with each Federal agency that offers a Federal
broadband support program to Tribal entities to streamline
and standardize the application process for grants or other
financial assistance under the program.
(2) Agency streamlining.--A Federal agency that offers a
Federal broadband support program to Tribal entities shall
amend the application for broadband support from the program,
to the extent practicable and as necessary, in order to
streamline and standardize applications for Federal broadband
support programs across the Federal Government.
(3) Single application.--To the greatest extent
practicable, the Assistant Secretary shall seek to create 1
application that may be submitted to apply for support from
all Federal broadband support programs.
(4) Central website.--Not later than 180 days after the
date of enactment of this Act, the Assistant Secretary shall
create a central website through which a potential applicant
can learn about and apply for support from any Federal
broadband support program.
(e) Tribal Broadband Deployment Advisory Committee.--
(1) Establishment.--There is established the Tribal
Broadband Deployment Advisory Committee (referred to in this
subsection as the ``Committee'').
(2) Purposes; scope of activities.--
(A) Purposes.--The purposes of the Committee are--
(i) to make recommendations to Congress regarding how to
accelerate the deployment of broadband service on Tribal land
by--
(I) reducing or removing statutory and regulatory barriers
to investment in broadband infrastructure; and
(II) strengthening existing broadband networks on Tribal
land; and
(ii) to provide an effective means for Tribal entities to
engage with governmental entities and professionals with
expertise and backgrounds in broadband, telecommunications,
information technology, and infrastructure deployment and
adoption in the areas covered by the Committee to exchange
ideas and develop recommendations to Congress regarding the
deployment of broadband on Tribal land.
(B) Consideration of issues.--The Committee may consider
issues that include--
(i) measures to prepare for, respond to, and recover from
disasters that impact broadband networks;
(ii) new ways of encouraging deployment of broadband
infrastructure and services on Tribal land; and
(iii) other ways to accelerate the deployment of broadband
infrastructure to Tribal land.
(3) Duties.--The Committee shall provide recommendations to
Congress on issues relating to the deployment of broadband on
Tribal land.
(4) Membership.--
(A) In general.--The Committee shall consist of 16
voluntary representatives as follows:
(i) 12 authorized representatives of Tribal governments,
each of whom shall represent a different Bureau of Indian
Affairs region.
[[Page S7761]]
(ii) 4 authorized representatives of Tribal governments,
each of whom shall serve as an at-large representative.
(B) Qualifications.--Each member of the Committee described
in subparagraph (A) shall--
(i) be an elected Tribal official or authorized
representative of an elected Tribal official;
(ii) act in the official capacity of the member as an
elected official of the entity;
(iii) have the authority to participate on behalf of the
Tribe; and
(iv) be qualified to represent the views of all Tribal
entities located in the region of the Bureau of Indian
Affairs represented by the member.
(C) Chair.--The Assistant Secretary shall appoint a Chair
of the Committee, who shall--
(i) approve or call all of the meetings of the Committee
and subcommittees of the Committee;
(ii) prepare and approve all meeting agendas;
(iii) attend all Committee and subcommittee meetings;
(iv) adjourn any meeting when the Chair determines that
adjournment to be in the public interest; and
(v) chair meetings when directed to do so by the Assistant
Secretary.
(5) Meetings.--
(A) Frequency.--The Committee shall meet not less
frequently than 3 times per year.
(B) Transparency.--The meetings of the Committee shall be
open to the public and timely notice of each such meeting
shall be published--
(i) in the Federal Register; and
(ii) through other appropriate methods.
(6) Support.--
(A) Facilities and staff.--The Assistant Secretary shall
provide the facilities and support staff necessary to conduct
meetings of the Committee.
(B) Compensation.--A member of the Committee shall serve
without any compensation from the Federal Government.
(C) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Committee.
SEC. 5124. BROADBAND FOR TRIBAL LIBRARIES AND CONSORTIUMS.
(a) Definition.--In this section, the term ``qualifying
anchor institution'' means a facility owned by an Indian
Tribe, serving Indian Tribes, or serving American Indians,
Alaskan Natives, or Native Hawaiian communities, including--
(1) a Tribal library or Tribal library consortium; or
(2) a Tribal government building, chapter house, longhouse,
community center, senior center, or other similar public
building.
(b) Eligibility of Libraries and Other Anchor Institutions
for E-Rate Support.--The Commission shall amend section
54.501(b) of title 47, Code of Federal Regulations, to
provide that a qualifying anchor institution shall be
eligible for a discount on telecommunications and other
supported services under subpart F of part 54 of that title,
without regard to whether the qualifying anchor institution
is eligible for assistance from a State library
administrative agency under the Library Services and
Technology Act (20 U.S.C. 9121 et seq.).
SEC. 5125. TRIBAL SET-ASIDE.
(a) Rural Utilities Service.--
(1) Tribal set-aside.--Notwithstanding any other provision
of law, effective beginning in fiscal year 2021 and for each
fiscal year thereafter, the Secretary of Agriculture
(referred to in this subsection as the ``Secretary'') shall
set aside for broadband adoption and deployment on Tribal
land not less than 20 percent of the amounts made available
for that fiscal year for each of the following:
(A) The Telecommunications Infrastructure Loan and Loan
Guarantee Program established under the Rural Electrification
Act of 1936 (7 U.S.C. 901 et seq.).
(B) The initiative under section 306F of that Act (7 U.S.C.
936f).
(C) The Community Connect Grant Program established under
section 604 of that Act (7 U.S.C. 950bb-3).
(D) Financial assistance under chapter 1 of subtitle D of
title XXIII of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 950aaa et seq.), under section 2335A of
that Act (7 U.S.C. 950aaa-5).
(E) The broadband loan and grant pilot program described in
section 779 of division A of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
(2) Community connect grant program.--
(A) Definition of eligible entity.--Section 604(a)(3) of
the Rural Electrification Act of 1936 (7 U.S.C. 950bb-
3(a)(3)) is amended--
(i) in subparagraph (A)(i)(II), by striking ``or Tribal
organization'' and inserting ``, Tribal organization, or
Indian-owned business (as defined in section 3 of the Native
American Business Development, Trade Promotion, and Tourism
Act of 2000 (25 U.S.C. 4302))''; and
(ii) in subparagraph (B)(ii), by inserting ``, unless the
partnership is an Indian-owned business (as defined in
section 3 of the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C. 4302))'' before
the period at the end.
(B) Exemption from matching funds requirement.--Section
604(e)(1) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-3(e)(1)) is amended by inserting ``(other than an
underserved Tribal entity (as defined in section 5121 of the
Economic Justice Act))'' after ``eligible entity''.
(C) Exemption from application requirements.--Section
604(f) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-3(f)) is amended by adding at the end the following:
``(3) Exemptions for tribal entities.--Notwithstanding
paragraphs (1) and (2), the Secretary shall not require a
Tribal entity (as defined in section 5121 of the Economic
Justice Act) to submit a system design described in
subsection (d) of section 1739.15 of title 7, Code of Federal
Regulations (or successor regulations), or financial
information described in subsection (h)(2) of that section,
to be eligible to receive a grant under the Program.''.
(3) Broadband loan and grant pilot program.--
(A) In general.--Notwithstanding any other provision of
law, a Tribal entity shall be considered to be eligible for
funding under the broadband loan and grant pilot program
described in section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399).
(B) Exemptions.--The Secretary of Agriculture shall exempt
underserved Tribal entities from the application requirements
under the pilot program described in subparagraph (A)--
(i) to submit a network design; and
(ii) to provide a matching contribution equal to 25 percent
of the overall cost of the project.
(b) Universal Service Fund.--
(1) Universal service generally.--Not later than 180 days
after the date of enactment of this Act, the Commission shall
promulgate regulations under which the Commission, on and
after the effective date of the regulations, shall--
(A) set aside 5 percent of the amounts allocated for each
Federal universal service support program established under
section 254 of the Communications Act of 1934 (47 U.S.C.
254), including each program carried out under subparts D
through G and J through M of part 54 of title 47, Code of
Federal Regulations, or any successor regulations; and
(B) with respect to the amount set aside from each program
under subparagraph (A), distribute that amount for the
purpose of expanding access to broadband service on Tribal
land, in accordance with the otherwise applicable
requirements of the program.
(2) Lifeline program.--
(A) Initial increase in tribal land support amount.--For
the first 12-month period beginning 2 years after the date of
enactment of this Act, in the case of Tribal land pertaining
to a Tribal entity that has not met the Tribal broadband
benchmark, the Commission shall increase the monthly cap on
additional Federal lifeline support made available to an
eligible telecommunications carrier providing Lifeline
service to an eligible resident of that Tribal land under
section 54.403(a)(3) of title 47, Code of Federal
Regulations, or any successor regulation, by $10.
(B) Annual increase.--For each subsequent 12-month period
after the 12-month period described in subparagraph (A), in
the case of Tribal land pertaining to a Tribal entity that
has not met the Tribal broadband benchmark, the Commission
shall increase the monthly cap described in that paragraph by
an additional $10.
SEC. 5126. UNIVERSAL SERVICE ON TRIBAL LAND.
(a) Definitions.--Section 3 of the Communications Act of
1934 (47 U.S.C. 153) is amended--
(1) by redesignating paragraphs (58) and (59) as paragraphs
(62) and (63), respectively;
(2) by redesignating paragraphs (35) through (57) as
paragraphs (37) through (59), respectively;
(3) by redesignating paragraphs (24) through (34) as
paragraphs (25) through (35), respectively;
(4) by inserting after paragraph (23) the following:
``(24) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).'';
(5) by inserting after paragraph (35), as so redesignated,
the following:
``(36) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4221).''; and
(6) by inserting after paragraph (59), as so redesignated,
the following:
``(60) Tribal entity.--The term `Tribal entity'--
``(A) means an Indian Tribe; and
``(B) includes a Native Hawaiian community.
``(61) Tribal land.--The term `Tribal land' means--
``(A) any land located within the boundaries of--
``(i) an Indian reservation, pueblo, or rancheria; or
``(ii) a former reservation within Oklahoma;
``(B) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
``(i) in trust by the United States for the benefit of an
Indian Tribe or an individual Indian;
[[Page S7762]]
``(ii) by an Indian Tribe or an individual Indian, subject
to restriction against alienation under laws of the United
States; or
``(iii) by a dependent Indian community;
``(C) any land located within a region established pursuant
to section 7(a) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1606(a));
``(D) Hawaiian Home Lands, as defined in section 801 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4221); or
``(E) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department of
the Interior that are near, adjacent, or contiguous to
reservations where financial assistance and social service
programs are provided to Indians because of their status as
Indians.''.
(b) Universal Service.--Section 254(b)(3) of the
Communications Act of 1934 (47 U.S.C. 254(b)(3)) is amended--
(1) by striking ``and those'' and inserting ``,
consumers''; and
(2) inserting after ``high cost areas,'' the following:
``and consumers on Tribal land and in areas with high
populations of Indians (as defined in section 19 of the Act
of June 18, 1934 (commonly known as the `Indian
Reorganization Act') (25 U.S.C. 5129)) or Native
Hawaiians,''.
(c) Technical and Conforming Amendment.--Section
271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C.
271(c)(1)(A)) is amended, in the first sentence, by striking
``section 3(47)(A)'' and inserting ``section 3(56)(A)''.
SEC. 5127. TRIBAL BROADBAND FACTOR.
The Commission shall conduct a rulemaking to--
(1) increase Connect America Fund Broadband Loop Support
under subpart K of part 54 of title 47, Code of Federal
Regulations (or any successor regulation), available to rate-
of-return carriers serving Tribal land by reducing the
funding threshold of $42 per month per line by 25 percent;
and
(2) increase High Cost Loop Support under subpart M of part
54 of title 47, Code of Federal Regulations (or any successor
regulation), available to rate-of-return carriers serving
Tribal land by increasing--
(A) the eligible costs expense adjustment under section
54.1310(a)(1) of that title from 65 percent to 81.25 percent;
and
(B) the eligible costs expense adjustment under section
54.1310(a)(2) of that title from 75 percent to 93.75 percent.
SEC. 5128. PILOT PROGRAM FOR TRIBAL GRANT OF RIGHTS-OF-WAY
FOR BROADBAND FACILITIES.
(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Tribal
Broadband Right-of-Way Pilot Program established under
subsection (b)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Pilot Program.--
(1) In general.--The Secretary shall establish a pilot
program, to be known as the ``Tribal Broadband Right-of-Way
Pilot Program'', under which the Secretary shall delegate to
the Indian Tribes selected under paragraph (3) the authority
under the first section of the Act of February 5, 1948 (62
Stat. 17, chapter 45; 25 U.S.C. 323) to grant rights-of-way
described in paragraph (2) over and across Tribal land.
(2) Right-of-way described.--A right-of-way referred to in
paragraph (1) is a right-of-way for the construction,
maintenance, and facilitation of broadband service, which may
include--
(A) towers;
(B) cables;
(C) transmission lines; and
(D) any other equipment necessary for construction,
maintenance, and facilitation of broadband service.
(3) Participating indian tribes.--
(A) In general.--Subject to subparagraph (B) and in
accordance with subsection (c), the Secretary shall select
not fewer than 10 Indian Tribes to participate in the
program.
(B) Location of indian tribes.--Of the Indian Tribes
selected under subparagraph (A), not fewer than 5 shall be
Indian Tribes the land of which is located within the State
of Arizona or the State of New Mexico.
(4) Broadband right-of-way.--
(A) In general.--Except as provided in subparagraph (B), an
Indian Tribe participating in the program may grant a right-
of-way described in paragraph (2) over and across the land of
the Indian Tribe without the approval of, or a grant by, the
Secretary, if--
(i) the right-of-way is granted in accordance with the
regulations of the Indian Tribe approved by the Secretary
under subsection (c); and
(ii) the term of the right-of-way does not exceed 25 years,
except that a right-of-way may include an option to renew the
right-of-way for not more than 2 additional terms, each of
which may not exceed 25 years.
(B) Allotted land.--An Indian Tribe may not grant a right-
of-way under subparagraph (A) over and across an individual
Indian allotment under section 4 of the Act of February 8,
1887 (commonly known as the ``Indian General Allotment Act'')
(24 Stat. 389, chapter 119; 25 U.S.C. 334).
(c) Proposed Regulations.--
(1) In general.--An Indian Tribe desiring to participate in
the program shall submit to the Secretary an application
containing the proposed regulations of the Indian Tribe for
the granting of rights-of-way described in subsection (b)(2).
(2) Selection.--The Secretary may only select for
participation in the program Indian Tribes the proposed
regulations of which are approved by the Secretary under this
subsection.
(3) Considerations for approval.--The Secretary may approve
the proposed regulations of an Indian Tribe if the
regulations--
(A) are consistent with any regulations issued by the
Secretary under section 6 of the Act of February 5, 1948 (62
Stat. 18, chapter 45; 25 U.S.C. 328); and
(B) provide for an environmental review process that
includes--
(i) the identification and evaluation by the Indian Tribe
of any significant impacts of the proposed right-of-way on
the environment; and
(ii) a process for ensuring that--
(I) the public is informed of, and has a reasonable
opportunity to comment on, any impacts identified by the
Indian Tribe under clause (i); and
(II) the Indian Tribe provides responses to relevant and
substantive public comments received under subclause (I).
(4) Technical assistance.--
(A) In general.--On request of an Indian Tribe desiring to
participate in the program, the Secretary shall provide
technical assistance for development of proposed regulations
to be submitted in the application of the Indian Tribe under
paragraph (1), including technical assistance for development
of a regulatory environmental review process that meets the
requirements of paragraph (3)(B).
(B) ISDEAA.--
(i) In general.--Technical assistance provided by the
Secretary under subparagraph (A) may be made available to
Indian Tribes described in clause (ii) through contracts,
grants, or agreements entered into in accordance with the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304 et seq.).
(ii) Indian tribe described.--An Indian Tribe referred to
in clause (i) is an Indian Tribe eligible for contracts,
grants, or agreements under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304 et seq.).
(5) Review process.--
(A) In general.--Not later than 120 days after the date on
which an application is submitted to the Secretary under
paragraph (1), the Secretary shall review and approve or
disapprove the proposed regulations contained in the
application.
(B) Written documentation.--If the Secretary disapproves
the regulations under subparagraph (A), the Secretary shall--
(i) notify the Indian Tribe that the regulations have been
disapproved; and
(ii) include with the notification written documentation
that describes the basis for the disapproval.
(C) Extension.--After consultation with the Indian Tribe,
the Secretary may extend the deadline described in
subparagraph (A) for an additional 120-day period.
(d) Federal Environmental Review.--If an Indian Tribe
participating in the program proposes to grant a right-of-way
for a broadband service project or activity funded by a
Federal agency, the Indian Tribe may rely on the
environmental review process of the applicable Federal agency
rather than the environmental review process approved as part
of the regulations of the Indian Tribe under subsection
(c)(3)(B).
(e) Documentation.--If an Indian Tribe participating in the
program grants a right-of-way under the program, the Indian
Tribe shall submit to the Secretary--
(1) a copy of the right-of-way, including any amendments or
renewals to the right-of-way; and
(2) if the regulations of the Indian Tribe or the right-of-
way allows for right-of-way payments to be made directly to
the Indian Tribe, documentation of the right-of-way payments
that are sufficient to enable the Secretary to discharge the
trust responsibility of the United States under subsection
(f)(2).
(f) Trust Responsibility.--
(1) In general.--The United States shall not be liable for
any losses sustained by a party to a right-of-way granted by
an Indian Tribe under the program.
(2) Authority of secretary.--
(A) In general.--Pursuant to the authority of the Secretary
to fulfill the trust obligation of the United States to
Indian Tribes participating in the program under Federal law
(including regulations), the Secretary may, on request by,
and after reasonable notice from, an Indian Tribe, enforce
the provisions of, or cancel, any right-of-way granted by the
Indian Tribe under the program.
(B) Procedures.--The Secretary shall enforce the provisions
of, or cancel, any right-of-way under subparagraph (A) in
accordance with the regulations issued by the Secretary under
section 6 of the Act of February 5, 1948 (62 Stat. 18,
chapter 45; 25 U.S.C. 328).
(g) Compliance.--
(1) In general.--A duly enrolled member of an Indian Tribe,
after exhausting any applicable Tribal remedies, may submit
to the Secretary, at such time and in such form as the
Secretary determines to be appropriate, a petition to review
the compliance of an Indian Tribe participating in the
program with the regulations of the Indian Tribe approved by
the Secretary under subsection (c).
(2) Violations.--If, after carrying out a review under
paragraph (1), the Secretary determines that the Indian Tribe
violated the
[[Page S7763]]
regulations, the Secretary, subject to paragraph (3)(B), may
take any action the Secretary determines to be necessary to
remedy the violation, including--
(A) rescinding the approval of the regulations; and
(B) reassuming the authority to grant rights-of-ways
described in subsection (b)(2) delegated to the Indian Tribe
under the program.
(3) Documentation.--If the Secretary determines that the
Indian Tribe violated the regulations and a remedy is
necessary, the Secretary shall--
(A) submit to the Indian Tribe a written notification of
the regulations that have been violated; and
(B) prior to the exercise of any remedy under paragraph
(2), provide the Indian Tribe with--
(i) a hearing that is on the record; and
(ii) a reasonable opportunity to cure the alleged
violation.
(h) Sunset.--The authority of the Secretary to carry this
section shall terminate 10 years after the date of enactment
of this Act.
CHAPTER 3--CONNECTED DEVICES
SEC. 5131. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER
EQUIPMENT, AND CONNECTED DEVICES.
(a) Definitions.--In this section:
(1) Advanced telecommunications and information services.--
The term ``advanced telecommunications and information
services'' means advanced telecommunications and information
services, as that term is used in section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)).
(2) Connected device.--The term ``connected device'' means
a laptop computer, tablet computer, or similar device that is
capable of connecting to advanced telecommunications and
information services.
(3) Covered equipment.--The term ``covered equipment''
means--
(A) Wi-Fi hotspots;
(B) modems;
(C) routers;
(D) devices that combine a modem and router; and
(E) connected devices.
(4) Covered regulations.--The term ``covered regulations''
means the regulations promulgated under subsection (b).
(5) Library.--The term ``library'' includes a library
consortium.
(6) Wi-fi.--The term ``Wi-Fi'' means a wireless networking
protocol based on Institute of Electrical and Electronics
Engineers standard 802.11 (or any successor standard).
(7) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
device that is capable of--
(A) receiving mobile advanced telecommunications and
information services; and
(B) sharing those services with another device through the
use of Wi-Fi.
(b) Regulations Required.--Not later than 180 days after
the date of enactment of this Act, the Commission shall
promulgate regulations providing for the provision, from
amounts made available from the Connectivity Fund established
under subsection (h)(1), of support under section
254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C.
254(h)(1)(B)) to an elementary school, secondary school, or
library (including a Tribal elementary school, Tribal
secondary school, or Tribal library) eligible for support
under that section, for the purchase of covered equipment,
advanced telecommunications and information services, or
covered equipment and advanced telecommunications and
information services, for use by--
(1) in the case of a school, students and staff of the
school at locations that include locations other than the
school; and
(2) in the case of a library, patrons of the library at
locations that include locations other than the library.
(c) Tribal Issues.--
(1) Set aside for tribal lands.--The Commission shall
reserve not less than 5 percent of the amounts available to
the Commission under subsection (h)(3) to provide support
under the covered regulations to schools and libraries that
serve individuals who are located on Tribal land.
(2) Eligibility of tribal libraries.--For purposes of
determining the eligibility of a Tribal library for support
under the covered regulations, the portion of paragraph (4)
of section 254(h) of the Communications Act of 1934 (47
U.S.C. 254(h)) relating to eligibility for assistance from a
State library administrative agency under the Library
Services and Technology Act shall not apply.
(d) Prioritization of Support.--The Commission shall
provide in the covered regulations for a mechanism to require
a school or library to prioritize the provision of covered
equipment, advanced telecommunications and information
services, or covered equipment and advanced
telecommunications and information services, for which
support is received under those regulations, to students and
staff or patrons (as the case may be) that the school or
library believes do not have access to covered equipment, do
not have access to advanced telecommunications and
information services, or have access to neither covered
equipment nor advanced telecommunications and information
services, at the residences of those students and staff or
patrons.
(e) Permissible Uses of Equipment.--The Commission shall
provide in the covered regulations that, in the case of a
school or library that purchases covered equipment using
support received under those regulations, the school or
library--
(1) may use the equipment for any purposes that the school
or library considers appropriate, subject to any restrictions
provided in those regulations (or any successor regulation);
and
(2) may not sell or otherwise transfer the equipment in
exchange for any thing (including a service) of value, except
that the school or library may exchange the equipment for
upgraded equipment of the same type.
(f) Rule of Construction.--Nothing in this section shall be
construed to affect any authority the Commission may have
under section 254(h)(1)(B) of the Communications Act of 1934
(47 U.S.C. 254(h)(1)(B)) to allow support under that section
to be used for the purposes described in subsection (b) of
this section other than as required under that subsection.
(g) Part 54 Regulations.--Nothing in this section shall be
construed to prevent the Commission from providing that the
regulations in part 54 of title 47, Code of Federal
Regulations (or any successor regulation), with respect to
support provided under the covered regulations--
(1) shall apply in whole or in part to that support;
(2) shall not apply in whole or in part to that support; or
(3) shall be modified in whole or in part for purposes of
application to that support.
(h) Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Connectivity
Fund''.
(2) Appropriation.--There is appropriated to the
Connectivity Fund, out of any money in the Treasury not
otherwise appropriated, $12,000,000,000 for fiscal year 2021,
to remain available until expended.
(3) Use of funds.--Amounts in the Connectivity Fund shall
be available to the Commission to provide support under the
covered regulations.
(4) Relationship to universal service contributions.--
Support provided under covered regulations shall be provided
from amounts made available under paragraph (3) and not from
contributions under section 254(d) of the Communications Act
of 1934 (47 U.S.C. 254(d)).
CHAPTER 4--DIGITAL EQUITY
SEC. 5141. SHORT TITLE.
This chapter may be cited as the ``Digital Equity Act of
2020''.
SEC. 5142. DEFINITIONS.
In this chapter:
(1) Adoption of broadband.--The term ``adoption of
broadband'' means the process by which an individual obtains
daily access to the internet--
(A) at a speed, quality, and capacity--
(i) that is necessary for the individual to accomplish
common tasks; and
(ii) such that the access qualifies as an advanced
telecommunications capability;
(B) with the digital skills that are necessary for the
individual to participate online; and
(C) on a--
(i) personal device; and
(ii) secure and convenient network.
(2) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning
given the term in section 706(d) of the Telecommunications
Act of 1996 (47 U.S.C. 1302(d)).
(3) Aging individual.--The term ``aging individual'' has
the meaning given the term ``older individual'' in section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002).
(4) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(5) Community anchor institution.--The term ``community
anchor institution'' means a public school, a library, a
medical or healthcare provider, a community college or other
institution of higher education, a State library agency, and
any other nonprofit or governmental community support
organization.
(6) Covered household.--The term ``covered household''
means a household, the taxable income of which for the most
recently completed taxable year is not more than 150 percent
of an amount equal to the poverty level, as determined by
using criteria of poverty established by the Bureau of the
Census.
(7) Covered populations.--The term ``covered populations''
means--
(A) individuals who live in covered households;
(B) aging individuals;
(C) incarcerated individuals, other than individuals who
are incarcerated in a Federal correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including
individuals who--
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial or ethnic
minority group; and
(H) individuals who primarily reside in a rural area.
[[Page S7764]]
(8) Covered programs.--The term ``covered programs''
means--
(A) the State Digital Equity Capacity Grant Program
established under section 5144; and
(B) the Digital Equity Competitive Grant Program
established under section 5145.
(9) Digital inclusion.--The term ``digital inclusion''--
(A) means the activities that are necessary to ensure that
all individuals in the United States have access to, and the
use of, affordable information and communication
technologies, such as--
(i) reliable fixed and wireless broadband internet service;
(ii) internet-enabled devices that meet the needs of the
user; and
(iii) applications and online content designed to enable
and encourage self-sufficiency, participation, and
collaboration; and
(B) includes--
(i) obtaining access to digital literacy training;
(ii) the provision of quality technical support; and
(iii) obtaining basic awareness of measures to ensure
online privacy and cybersecurity.
(10) Digital literacy.--The term ``digital literacy'' means
the skills associated with using technology to enable users
to find, evaluate, organize, create, and communicate
information.
(11) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
(12) Eligible state.--The term ``eligible State'' means--
(A) with respect to planning grants made available under
section 5144(c)(3), a State with respect to which the
Assistant Secretary has approved an application submitted to
the Assistant Secretary under section 5144(c)(3)(C); and
(B) with respect to capacity grants awarded under section
5144(d), a State with respect to which the Assistant
Secretary has approved an application submitted to the
Assistant Secretary under section 5144(d)(2), including
approval of the State Digital Equity Plan developed by the
State under section 5144(c).
(13) Gender identity.--The term ``gender identity'' has the
meaning given the term in section 249(c) of title 18, United
States Code.
(14) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001); and
(B) includes a postsecondary vocational institution.
(15) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 8101(30) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(30)).
(16) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning
given the term in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c)).
(17) Rural area.--The term ``rural area'' has the meaning
given the term in section 601(b)(3) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)).
(18) Socially and economically disadvantaged small business
concern.--The term ``socially and economically disadvantaged
small business concern'' has the meaning given the term in
section 8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)).
(19) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(20) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(21) Workforce development program.--The term ``workforce
development program'' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
SEC. 5143. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a broadband connection and digital literacy are
increasingly critical to how individuals--
(A) participate in the society, economy, and civic
institutions of the United States; and
(B) access health care and essential services, obtain
education, and build careers;
(2) digital exclusion--
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an individual with
respect to the economic success, educational achievement,
positive health outcomes, social inclusion, and civic
engagement of that individual; and
(C) exacerbates existing wealth and income gaps, especially
those experienced by covered populations;
(3) achieving digital equity for all people of the United
States requires additional and sustained investment and
research efforts;
(4) the Federal Government, as well as State, Tribal,
territorial, and local governments, have made social, legal,
and economic obligations that necessarily extend to how the
citizens and residents of those governments access and use
the internet; and
(5) achieving digital equity is a matter of social and
economic justice and is worth pursuing.
SEC. 5144. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
(a) Establishment; Purpose.--
(1) In general.--The Assistant Secretary shall establish in
the Department of Commerce the State Digital Equity Capacity
Grant Program (referred to in this section as the
``Program'')--
(A) the purpose of which is to promote the achievement of
digital equity, support digital inclusion activities, and
build capacity for efforts by States relating to the adoption
of broadband by residents of those States;
(B) through which the Assistant Secretary shall make grants
to States in accordance with the requirements of this
section; and
(C) which shall ensure that States have the capacity to
promote the achievement of digital equity and support digital
inclusion activities.
(2) Consultation with other federal agencies; no
conflict.--In establishing the Program under paragraph (1),
the Assistant Secretary shall--
(A) consult with--
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of Museum and Library
Services;
(xi) the Administrator of the Small Business
Administration;
(xii) the Federal Co-Chair of the Appalachian Regional
Commission; and
(xiii) the head of any other agency that the Assistant
Secretary determines to be appropriate; and
(B) ensure that the Program complements and enhances, and
does not conflict with, other Federal broadband initiatives
and programs.
(b) Administering Entity.--
(1) Selection; function.--The governor (or equivalent
official) of a State that wishes to be awarded a grant under
this section shall, from among entities that are eligible
under paragraph (2), select an administering entity for that
State, which shall--
(A) serve as the recipient of, and administering agent for,
any grant awarded to the State under this section;
(B) develop, implement, and oversee the State Digital
Equity Plan for the State described in subsection (c);
(C) make subgrants to any entity described in subsection
(c)(1)(D) that is located in the State in support of--
(i) the State Digital Equity Plan for the State; and
(ii) digital inclusion activities in the State generally;
and
(D) serve as--
(i) an advocate for digital equity policy and digital
inclusion activities; and
(ii) a repository of best practice materials regarding the
policies and activities described in clause (i).
(2) Eligible entities.--Any of the following entities may
serve as the administering entity for a State for the
purposes of this section if the entity has demonstrated a
capacity to administer the Program on a statewide level:
(A) The State, a political subdivision, agency, or
instrumentality of the State, an Indian Tribe located in the
State, an Alaska Native entity located in the State, or a
Native Hawaiian organization located in the State.
(B) A foundation, corporation, institution, association, or
coalition that is--
(i) a not-for-profit entity;
(ii) located in the State; and
(iii) not a school.
(C) A community anchor institution, other than a school,
that is located in the State.
(D) A local educational agency that is located in the
State.
(E) An entity located in the State that carries out a
workforce development program.
(F) An agency of the State that is responsible for
administering or supervising adult education and literacy
activities in the State.
(G) A public housing authority that is located in the
State.
(H) A partnership between any of the entities described in
subparagraphs (A) through (G).
(c) State Digital Equity Plan.--
(1) Development; contents.--A State that wishes to be
awarded a grant under subsection (d) shall develop a State
Digital Equity Plan for the State, which shall include--
(A) the identification of the barriers to digital equity
faced by covered populations in the State;
(B) measurable objectives for documenting and promoting,
among each group described in subparagraphs (A) through (H)
of section 5142(7) located in that State--
(i) the availability of, and affordability of access to,
fixed and wireless broadband technology;
(ii) the online accessibility and inclusivity of public
resources and services;
(iii) digital literacy;
(iv) awareness of, and the use of, measures to secure the
online privacy of, and cybersecurity with respect to, an
individual; and
(v) the availability and affordability of consumer devices
and technical support for those devices;
(C) an assessment of how the objectives described in
subparagraph (B) will impact and interact with the State's--
[[Page S7765]]
(i) economic and workforce development goals, plans, and
outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in
subparagraph (B), a description of how the State plans to
collaborate with key stakeholders in the State, which may
include--
(i) community anchor institutions;
(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes, Alaska Native
entities, or Native Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent--
(I) individuals with disabilities, including organizations
that represent children with disabilities;
(II) aging individuals;
(III) individuals with language barriers, including--
(aa) individuals who are English learners; and
(bb) individuals who have low levels of literacy;
(IV) veterans; and
(V) individuals in that State who are incarcerated in
facilities other than Federal correctional facilities;
(vii) civil rights organizations;
(viii) entities that carry out workforce development
programs;
(ix) agencies of the State that are responsible for
administering or supervising adult education and literacy
activities in the State;
(x) public housing authorities in the State; and
(xi) a partnership between any of the entities described in
clauses (i) through (x); and
(E) a list of organizations with which the administering
entity for the State collaborated in developing and
implementing the Plan.
(2) Public availability.--
(A) In general.--The administering entity for a State shall
make the State Digital Equity Plan of the State available for
public comment for a period of not less than 30 days before
the date on which the State submits an application to the
Assistant Secretary under subsection (d)(2).
(B) Consideration of comments received.--The administering
entity for a State shall, with respect to an application
submitted to the Assistant Secretary under subsection
(d)(2)--
(i) before submitting the application--
(I) consider all comments received during the comment
period described in subparagraph (A) with respect to the
application (referred to in this subparagraph as the
``comment period''); and
(II) make any changes to the plan that the administering
entity determines to be worthwhile; and
(ii) when submitting the application--
(I) describe any changes pursued by the administering
entity in response to comments received during the comment
period; and
(II) include a written response to each comment received
during the comment period.
(3) Planning grants.--
(A) In general.--Beginning in the first fiscal year that
begins after the date of enactment of this Act, the Assistant
Secretary shall, in accordance with the requirements of this
paragraph, award planning grants to States for the purpose of
developing the State Digital Equity Plans of those States
under this subsection.
(B) Eligibility.--In order to be awarded a planning grant
under this paragraph, a State--
(i) shall submit to the Assistant Secretary an application
under subparagraph (C); and
(ii) may not have been awarded, at any time, a planning
grant under this paragraph.
(C) Application.--A State that wishes to be awarded a
planning grant under this paragraph shall, not later than 60
days after the date on which the notice of funding
availability with respect to the grant is released, submit to
the Assistant Secretary an application, in a format to be
determined by the Assistant Secretary, that contains the
following materials:
(i) A description of the entity selected to serve as the
administering entity for the State, as described in
subsection (b).
(ii) A certification from the State that, not later than 1
year after the date on which the Assistant Secretary awards
the planning grant to the State, the administering entity for
that State shall develop a State Digital Equity Plan under
this subsection, which--
(I) the administering entity shall submit to the Assistant
Secretary; and
(II) shall comply with the requirements of this subsection,
including the requirement under paragraph (2)(B).
(iii) The assurances required under subsection (e).
(D) Awards.--
(i) Amount of grant.--A planning grant awarded to an
eligible State under this paragraph shall be determined
according to the formula under subsection (d)(3)(A)(i).
(ii) Duration.--
(I) In general.--Except as provided in subclause (II), with
respect to a planning grant awarded to an eligible State
under this paragraph, the State shall expend the grant funds
during the 1-year period beginning on the date on which the
State is awarded the grant funds.
(II) Exception.--The Assistant Secretary may grant an
extension of not longer than 180 days with respect to the
requirement under subclause (I).
(iii) Challenge mechanism.--The Assistant Secretary shall
ensure that any eligible State to which a planning grant is
awarded under this paragraph may appeal or otherwise
challenge in a timely fashion the amount of the grant awarded
to the State, as determined under clause (i).
(E) Use of funds.--An eligible State to which a planning
grant is awarded under this paragraph shall, through the
administering entity for that State, use the grant funds only
for the following purposes:
(i) To develop the State Digital Equity Plan of the State
under this subsection.
(ii)(I) Subject to subclause (II), to make subgrants to any
of the entities described in paragraph (1)(D) to assist in
the development of the State Digital Equity Plan of the State
under this subsection.
(II) If the administering entity for a State makes a
subgrant described in subclause (I), the administering entity
shall, with respect to the subgrant, provide to the State the
assurances required under subsection (e).
(d) State Capacity Grants.--
(1) In general.--Beginning not later than 2 years after the
date on which the Assistant Secretary begins awarding
planning grants under subsection (c)(3), the Assistant
Secretary shall each year award grants to eligible States to
support--
(A) the implementation of the State Digital Equity Plans of
those States; and
(B) digital inclusion activities in those States.
(2) Application.--A State that wishes to be awarded a grant
under this subsection shall, not later than 60 days after the
date on which the notice of funding availability with respect
to the grant is released, submit to the Assistant Secretary
an application, in a format to be determined by the Assistant
Secretary, that contains the following materials:
(A) A description of the entity selected to serve as the
administering entity for the State, as described in
subsection (b).
(B) The State Digital Equity Plan of that State, as
described in subsection (c).
(C) A certification that the State, acting through the
administering entity for the State, shall--
(i) implement the State Digital Equity Plan of the State;
and
(ii) make grants in a manner that is consistent with the
aims of the Plan described in clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant Secretary
has previously awarded a grant under this subsection, any
amendments to the State Digital Equity Plan of that State, as
compared with the State Digital Equity Plan of the State
previously submitted.
(3) Awards.--
(A) Amount of grant.--
(i) Formula.--Subject to clauses (ii), (iii), and (iv), the
Assistant Secretary shall calculate the amount of a grant
awarded to an eligible State under this subsection in
accordance with the following criteria, using the best
available data for all States for the fiscal year in which
the grant is awarded:
(I) 50 percent of the total grant amount shall be based on
the population of the eligible State in proportion to the
total population of all eligible States.
(II) 25 percent of the total grant amount shall be based on
the number of individuals in the eligible State who are
covered populations in proportion to the total number of
individuals in all eligible States who are covered
populations.
(III) 25 percent of the total grant amount shall be based
on the comparative lack of availability and adoption of
broadband in the eligible State in proportion to the lack of
availability and adoption of broadband of all eligible
States, which shall be determined according to data collected
from--
(aa) the annual inquiry of the Commission conducted under
section 706(b) of the Telecommunications Act of 1996 (47
U.S.C. 1302(b));
(bb) the American Community Survey or, if necessary, other
data collected by the Bureau of the Census;
(cc) the Internet and Computer Use Supplement to the
Current Population Survey of the Bureau of the Census; and
(dd) any other source that the Assistant Secretary, after
appropriate notice and opportunity for public comment,
determines to be appropriate.
(ii) Minimum award.--The amount of a grant awarded to an
eligible State under this subsection in a fiscal year shall
be not less than 0.5 percent of the total amount made
available to award grants to eligible States for that fiscal
year.
(iii) Additional amounts.--If, after awarding planning
grants to States under subsection (c)(3) and capacity grants
to eligible States under this subsection in a fiscal year,
there are amounts remaining to carry out this section, the
Assistant Secretary shall distribute those amounts--
(I) to eligible States to which the Assistant Secretary has
awarded grants under this subsection for that fiscal year;
and
(II) in accordance with the formula described in clause
(i).
(iv) Data unavailable.--If, in a fiscal year, the
Commonwealth of Puerto Rico (referred to in this clause as
``Puerto Rico'') is
[[Page S7766]]
an eligible State and specific data for Puerto Rico is
unavailable for a factor described in subclause (I), (II), or
(II) of clause (i), the Assistant Secretary shall use the
median data point with respect to that factor among all
eligible States and assign it to Puerto Rico for the purposes
of making any calculation under that clause for that fiscal
year.
(B) Duration.--With respect to a grant awarded to an
eligible State under this subsection, the eligible State
shall expend the grant funds during the 5-year period
beginning on the date on which the eligible State is awarded
the grant funds.
(C) Challenge mechanism.--The Assistant Secretary shall
ensure that any eligible State to which a grant is awarded
under this subsection may appeal or otherwise challenge in a
timely fashion the amount of the grant awarded to the State,
as determined under subparagraph (A).
(D) Use of funds.--The administering entity for an eligible
State to which a grant is awarded under this subsection shall
use the grant amounts for the following purposes:
(i)(I) Subject to subclause (II), to update or maintain the
State Digital Equity Plan of the State.
(II) An administering entity for an eligible State to which
a grant is awarded under this subsection may use not more
than 20 percent of the amount of the grant for the purpose
described in subclause (I).
(ii) To implement the State Digital Equity Plan of the
State.
(iii)(I) Subject to subclause (II), to award a grant to any
entity that is described in section 5145(b) and is located in
the eligible State in order to--
(aa) assist in the implementation of the State Digital
Equity Plan of the State;
(bb) pursue digital inclusion activities in the State
consistent with the State Digital Equity Plan of the State;
and
(cc) report to the State regarding the digital inclusion
activities of the entity.
(II) Before an administering entity for an eligible State
may award a grant under subclause (I), the administering
entity shall require the entity to which the grant is awarded
to certify that--
(aa) the entity shall carry out the activities required
under items (aa), (bb), and (cc) of that subclause;
(bb) the receipt of the grant shall not result in unjust
enrichment of the entity; and
(cc) the entity shall cooperate with any evaluation--
(AA) of any program that relates to a grant awarded to the
entity; and
(BB) that is carried out by or for the administering
entity, the Assistant Secretary, or another Federal official.
(iv)(I) Subject to subclause (II), to evaluate the efficacy
of the efforts funded by grants made under clause (iii).
(II) An administering entity for an eligible State to which
a grant is awarded under this subsection may use not more
than 5 percent of the amount of the grant for a purpose
described in subclause (I).
(v)(I) Subject to subclause (II), for the administrative
costs incurred in carrying out the activities described in
clauses (i) through (iv).
(II) An administering entity for an eligible State to which
a grant is awarded under this subsection may use not more
than 3 percent of the amount of the grant for a purpose
described in subclause (I).
(e) Assurances.--When applying for a grant under this
section, a State shall include in the application for that
grant assurances that--
(1) if an entity described in section 5145(b) is awarded
grant funds under this section (referred to in this
subsection as a ``covered recipient''), provide that--
(A) the covered recipient shall use the grant funds in
accordance with any applicable statute, regulation, and
application procedure;
(B) the administering entity for that State shall adopt and
use proper methods of administering any grant that the
covered recipient is awarded, including by--
(i) enforcing any obligation imposed under law on any
agency, institution, organization, or other entity that is
responsible for carrying out the program to which the grant
relates;
(ii) correcting any deficiency in the operation of a
program to which the grant relates, as identified through an
audit or another monitoring or evaluation procedure; and
(iii) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law with
respect to a program to which the grant relates; and
(C) the administering entity for that State shall cooperate
in carrying out any evaluation--
(i) of any program that relates to a grant awarded to the
covered recipient; and
(ii) that is carried out by or for the Assistant Secretary
or another Federal official;
(2) the administering entity for that State shall--
(A) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the State is awarded under this section;
(B) submit to the Assistant Secretary any reports that may
be necessary to enable the Assistant Secretary to perform the
duties of the Assistant Secretary under this section;
(C) maintain any records and provide any information to the
Assistant Secretary, including those records, that the
Assistant Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the Assistant
Secretary under this section; and
(D) with respect to any significant proposed change or
amendment to the State Digital Equity Plan for the State,
make the change or amendment available for public comment in
accordance with subsection (c)(2); and
(3) the State, before submitting to the Assistant Secretary
the State Digital Equity Plan of the State, has complied with
the requirements of subsection (c)(2).
(f) Termination of Grant.--
(1) In general.--The Assistant Secretary shall terminate a
grant awarded to an eligible State under this section if,
after notice to the State and opportunity for a hearing, the
Assistant Secretary--
(A) presents to the State a rationale and supporting
information that clearly demonstrates that--
(i) the grant funds are not contributing to the development
or execution of the State Digital Equity Plan of the State,
as applicable; and
(ii) the State is not upholding assurances made by the
State to the Assistant Secretary under subsection (e); and
(B) determines that the grant is no longer necessary to
achieve the original purpose for which Assistant Secretary
awarded the grant.
(2) Redistribution.--If the Assistant Secretary, in a
fiscal year, terminates a grant under paragraph (1), the
Assistant Secretary shall redistribute the unspent grant
amounts--
(A) to eligible States to which the Assistant Secretary has
awarded grants under subsection (d) for that fiscal year; and
(B) in accordance with the formula described in subsection
(d)(3)(A)(i).
(g) Reporting and Information Requirements; Internet
Disclosure.--The Assistant Secretary--
(1) shall--
(A) require any entity to which a grant, including a
subgrant, is awarded under this section to publicly report,
for each year during the period described in subsection
(c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to
the grant, and in a format specified by the Assistant
Secretary, on--
(i) the use of that grant by the entity;
(ii) the progress of the entity towards fulfilling the
objectives for which the grant was awarded; and
(iii) the implementation of the State Digital Equity Plan
of the State;
(B) establish appropriate mechanisms to ensure that each
eligible State to which a grant is awarded under this
section--
(i) uses the grant amounts in an appropriate manner; and
(ii) complies with all terms with respect to the use of the
grant amounts; and
(C) create and maintain a fully searchable database, which
shall be accessible on the internet at no cost to the public,
that contains, at a minimum--
(i) the application of each State that has applied for a
grant under this section;
(ii) the status of each application described in clause
(i);
(iii) each report submitted by an entity under subparagraph
(A);
(iv) a record of public comments made regarding the State
Digital Equity Plan of a State, as well as any written
responses to or actions taken in as a result of those
comments; and
(v) any other information that is sufficient to allow the
public to understand and monitor grants awarded under this
section; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under this section.
(h) Supplement Not Supplant.--A grant or subgrant awarded
under this section shall supplement, not supplant, other
Federal or State funds that have been made available to carry
out activities described in this section.
(i) Set Asides.--From amounts made available in a fiscal
year to carry out the Program, the Assistant Secretary shall
reserve--
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and assistance, including
ensuring consistency in data reporting;
(B) providing assistance to--
(i) States, or administering entities for States, to
prepare the applications of those States; and
(ii) administering entities with respect to grants awarded
under this section; and
(C) developing the report required under section 5146(a);
(2) not less than 5 percent to award grants to, or enter
into contracts or cooperative agreements with, Indian Tribes,
Alaska Native entities, and Native Hawaiian organizations to
allow those tribes, entities, and organizations to carry out
the activities described in this section; and
(3) not less than 1 percent to award grants to, or enter
into contracts or cooperative agreements with, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other territory or
possession of the United States that is not a State to enable
those entities to carry out the activities described in this
section.
(j) Rules.--The Assistant Secretary may prescribe such
rules as may be necessary to carry out this section.
[[Page S7767]]
(k) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $120,000,000 for the award of grants under subsection
(c)(3), which shall remain available until expended;
(2) for each of the first 5 fiscal years in which amounts
are made available to award grants under subsection (d),
$250,000,000 for the award of those grants; and
(3) such sums as may be necessary to carry out this section
for each fiscal year after the end of the 5-fiscal year
period described in paragraph (2).
SEC. 5145. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 30 days after the date on
which the Assistant Secretary begins awarding grants under
section 5144(d), and not before that date, the Assistant
Secretary shall establish in the Department of Commerce the
Digital Equity Competitive Grant Program (referred to in this
section as the ``Program''), the purpose of which is to award
grants to support efforts to achieve digital equity, promote
digital inclusion activities, and spur greater adoption of
broadband among covered populations.
(2) Consultation; no conflict.--In establishing the Program
under paragraph (1), the Assistant Secretary--
(A) may consult a State with respect to--
(i) the identification of groups described in subparagraphs
(A) through (H) of section 5142(7) located in that State; and
(ii) the allocation of grant funds within that State for
projects in or affecting the State; and
(B) shall--
(i) consult with--
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and Urban Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and Human Services;
(VI) the Secretary of Veterans Affairs;
(VII) the Secretary of the Interior;
(VIII) the Commission;
(IX) the Federal Trade Commission;
(X) the Director of the Institute of Museum and Library
Services;
(XI) the Administrator of the Small Business
Administration;
(XII) the Federal Co-Chair of the Appalachian Regional
Commission; and
(XIII) the head of any other agency that the Assistant
Secretary determines to be appropriate; and
(ii) ensure that the Program complements and enhances, and
does not conflict with, other Federal broadband initiatives
and programs.
(b) Eligibility.--The Assistant Secretary may award a grant
under the Program to any of the following entities if the
entity is not serving, and has not served, as the
administering entity for a State under section 5144(b):
(1) A political subdivision, agency, or instrumentality of
a State, including an agency of a State that is responsible
for administering or supervising adult education and literacy
activities in the State.
(2) An Indian Tribe, an Alaska Native entity, or a Native
Hawaiian organization.
(3) A foundation, corporation, institution, or association
that is--
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development
program.
(7) A partnership between any of the entities described in
paragraphs (1) through (6).
(8) A partnership between--
(A) an entity described in any of paragraphs (1) through
(6); and
(B) an entity that--
(i) the Assistant Secretary, by rule, determines to be in
the public interest; and
(ii) is not a school.
(c) Application.--An entity that wishes to be awarded a
grant under the Program shall submit to the Assistant
Secretary an application--
(1) at such time, in such form, and containing such
information as the Assistant Secretary may require; and
(2) that--
(A) provides a detailed explanation of how the entity will
use any grant amounts awarded under the Program to carry out
the purposes of the Program in an efficient and expeditious
manner;
(B) identifies the period in which the applicant will
expend the grant funds awarded under the Program;
(C) includes--
(i) a justification for the amount of the grant that the
applicant is requesting; and
(ii) for each fiscal year in which the applicant will
expend the grant funds, a budget for the activities that the
grant funds will support;
(D) demonstrates to the satisfaction of the Assistant
Secretary that the entity--
(i) is capable of carrying out--
(I) the project or function to which the application
relates; and
(II) the activities described in subsection (h)--
(aa) in a competent manner; and
(bb) in compliance with all applicable Federal, State, and
local laws; and
(ii) if the applicant is an entity described in subsection
(b)(1), shall appropriate or otherwise unconditionally
obligate from non-Federal sources funds that are necessary to
meet the requirements of subsection (e);
(E) discloses to the Assistant Secretary the source and
amount of other Federal, State, or outside funding sources
from which the entity receives, or has applied for, funding
for activities or projects to which the application relates;
and
(F) provides--
(i) the assurances that are required under subsection (f);
and
(ii) an assurance that the entity shall follow such
additional procedures as the Assistant Secretary may require
to ensure that grant funds are used and accounted for in an
appropriate manner.
(d) Award of Grants.--
(1) Factors considered in award of grants.--In deciding
whether to award a grant under the Program, the Assistant
Secretary shall, to the extent practicable, consider--
(A) whether--
(i) an application shall, if approved--
(I) increase internet access and the adoption of broadband
among covered populations to be served by the applicant; and
(II) not result in unjust enrichment; and
(ii) the applicant is, or plans to subcontract with, a
socially and economically disadvantaged small business
concern;
(B) the comparative geographic diversity of the application
in relation to other eligible applications; and
(C) the extent to which an application may duplicate or
conflict with another program.
(2) Use of funds.--
(A) In general.--In addition to the activities required
under subparagraph (B), an entity to which the Assistant
Secretary awards a grant under the Program shall use the
grant amounts to support not less than 1 of the following
activities:
(i) To develop and implement digital inclusion activities
that benefit covered populations.
(ii) To facilitate the adoption of broadband by covered
populations in order to provide educational and employment
opportunities to those populations.
(iii) To implement, consistent with the purposes of this
chapter--
(I) training programs for covered populations that cover
basic, advanced, and applied skills; or
(II) other workforce development programs.
(iv) To make available equipment, instrumentation,
networking capability, hardware and software, or digital
network technology for broadband services to covered
populations at low or no cost.
(v) To construct, upgrade, expend, or operate new or
existing public access computing centers for covered
populations through community anchor institutions.
(vi) To undertake any other project and activity that the
Assistant Secretary finds to be consistent with the purposes
for which the Program is established.
(B) Evaluation.--
(i) In general.--An entity to which the Assistant Secretary
awards a grant under the Program shall use not more than 10
percent of the grant amounts to measure and evaluate the
activities supported with the grant amounts.
(ii) Submission to assistant secretary.--An entity to which
the Assistant Secretary awards a grant under the Program
shall submit to the Assistant Secretary each measurement and
evaluation performed under clause (i)--
(I) in a manner specified by the Assistant Secretary;
(II) not later than 15 months after the date on which the
entity is awarded the grant amounts; and
(III) annually after the submission described in subclause
(II) for any year in which the entity expends grant amounts.
(C) Administrative costs.--An entity to which the Assistant
Secretary awards a grant under the Program may use not more
than 10 percent of the amount of the grant for administrative
costs in carrying out any of the activities described in
subparagraph (A).
(D) Time limitations.--With respect to a grant awarded to
an entity under the Program, the entity--
(i) except as provided in clause (ii), shall expend the
grant amounts during the 4-year period beginning on the date
on which the entity is awarded the grant amounts; and
(ii) during the 1-year period beginning on the date that is
4 years after the date on which the entity is awarded the
grant amounts, may continue to measure and evaluate the
activities supported with the grant amounts, as required
under subparagraph (B).
(e) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of any project for which the Assistant
Secretary awards a grant under the Program may not exceed 90
percent.
(2) Exception.--The Assistant Secretary may grant a waiver
with respect to the limitation on the Federal share of a
project described in paragraph (1) if--
(A) the applicant with respect to the project petitions the
Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the petition
described in subparagraph (A) demonstrates financial need.
(f) Assurances.--When applying for a grant under this
section, an entity shall include in the application for that
grant assurances that the entity shall--
(1) use any grant funds that the entity is awarded--
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(A) in accordance with any applicable statute, regulation,
and application procedure; and
(B) to the extent required under applicable law;
(2) adopt and use proper methods of administering any grant
that the entity is awarded, including by--
(A) enforcing any obligation imposed under law on any
agency, institution, organization, or other entity that is
responsible for carrying out a program to which the grant
relates;
(B) correcting any deficiency in the operation of a program
to which the grant relates, as identified through an audit or
another monitoring or evaluation procedure; and
(C) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law with
respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation--
(A) of any program that relates to a grant awarded to the
entity; and
(B) that is carried out by or for the Assistant Secretary
or another Federal official;
(4) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that may
be necessary to enable the Assistant Secretary to perform the
duties of the Assistant Secretary under the Program; and
(6) maintain any records and provide any information to the
Assistant Secretary, including those records, that the
Assistant Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the Assistant
Secretary under the Program.
(g) Deobligation or Termination of Grant.--In addition to
other authority under applicable law, the Assistant Secretary
may--
(1) deobligate or terminate a grant awarded to an entity
under this section if, after notice to the entity and
opportunity for a hearing, the Assistant Secretary--
(A) presents to the entity a rationale and supporting
information that clearly demonstrates that--
(i) the grant funds are not being used in a manner that is
consistent with the application with respect to the grant
submitted by the entity under subsection (c); and
(ii) the entity is not upholding assurances made by the
entity to the Assistant Secretary under subsection (f); and
(B) determines that the grant is no longer necessary to
achieve the original purpose for which Assistant Secretary
awarded the grant; and
(2) with respect to any grant funds that the Assistant
Secretary deobligates or terminates under paragraph (1),
competitively award the grant funds to another applicant,
consistent with the requirements of this section.
(h) Reporting and Information Requirements; Internet
Disclosure.--The Assistant Secretary--
(1) shall--
(A) require any entity to which the Assistant Secretary
awards a grant under the Program to, for each year during the
period described in subsection (d)(2)(D) with respect to the
grant, submit to the Assistant Secretary a report, in a
format specified by the Assistant Secretary, regarding--
(i) the amount of the grant;
(ii) the use by the entity of the grant amounts; and
(iii) the progress of the entity towards fulfilling the
objectives for which the grant was awarded;
(B) establish mechanisms to ensure appropriate use of, and
compliance with respect to all terms regarding, grant funds
awarded under the Program;
(C) create and maintain a fully searchable database, which
shall be accessible on the internet at no cost to the public,
that contains, at a minimum--
(i) a list of each entity that has applied for a grant
under the Program;
(ii) a description of each application described in clause
(i), including the proposed purpose of each grant described
in that clause;
(iii) the status of each application described in clause
(i), including whether the Assistant Secretary has awarded a
grant with respect to the application and, if so, the amount
of the grant;
(iv) each report submitted by an entity under subparagraph
(A); and
(v) any other information that is sufficient to allow the
public to understand and monitor grants awarded under the
Program; and
(D) ensure that any entity with respect to which an award
is deobligated or terminated under subsection (g) may, in a
timely manner, appeal or otherwise challenge that
deobligation or termination, as applicable; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under the Program.
(i) Supplement Not Supplant.--A grant awarded to an entity
under the Program shall supplement, not supplant, other
Federal or State funds that have been made available to the
entity to carry out activities described in this section.
(j) Set Asides.--From amounts made available in a fiscal
year to carry out the Program, the Assistant Secretary shall
reserve--
(1) 5 percent for the implementation and administration of
the Program, which shall include--
(A) providing technical support and assistance, including
ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the
applications of those entities with respect to grants awarded
under this section;
(C) developing the report required under section 5146(a);
and
(D) conducting outreach to entities that may be eligible to
be awarded a grant under the Program regarding opportunities
to apply for such a grant;
(2) 5 percent to award grants to, or enter into contracts
or cooperative agreements with, Indian Tribes, Alaska Native
entities, and Native Hawaiian organizations to allow those
tribes, entities, and organizations to carry out the
activities described in this section; and
(3) 1 percent to award grants to, or enter into contracts
or cooperative agreements with, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other territory or
possession of the United States that is not a State to enable
those entities to carry out the activities described in this
section.
(k) Rules.--The Assistant Secretary may prescribe such
rules as may be necessary to carry out this section.
(l) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $250,000,000 for each of the first 5 fiscal years in
which funds are made available to carry out this section; and
(2) such sums as may be necessary for each fiscal year
after the end of the 5-fiscal year period described in
paragraph (1).
SEC. 5146. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND
MODELING, EVALUATION, AND DISSEMINATION.
(a) Reporting Requirements.--
(1) In general.--Not later than 1 year after the date on
which the Assistant Secretary begins awarding grants under
section 5144(d)(1), and annually thereafter, the Assistant
Secretary shall--
(A) submit to the appropriate committees of Congress a
report that documents, for the year covered by the report--
(i) the findings of each evaluation conducted under
subparagraph (B);
(ii) a list of each grant awarded under each covered
program, which shall include--
(I) the amount of each such grant;
(II) the recipient of each such grant; and
(III) the purpose for which each such grant was awarded;
(iii) any deobligation, termination, or modification of a
grant awarded under the covered programs, which shall include
a description of the subsequent usage of any funds to which
such an action applies; and
(iv) each challenge made by an applicant for, or a
recipient of, a grant under the covered programs and the
outcome of each such challenge; and
(B) conduct evaluations of the activities carried out under
the covered programs, which shall include an evaluation of--
(i) whether eligible States to which grants are awarded
under the program established under section 5144 are--
(I) abiding by the assurances made by those States under
subsection (e) of that section;
(II) meeting, or have met, the stated goals of the Digital
Equity Plans developed by the States under subsection (c) of
that section;
(III) satisfying the requirements imposed by the Assistant
Secretary on those States under subsection (g) of that
section; and
(IV) in compliance with any other rules, requirements, or
regulations promulgated by the Assistant Secretary in
implementing that program; and
(ii) whether entities to which grants are awarded under the
program established under section 5145 are--
(I) abiding by the assurances made by those entities under
subsection (f) of that section;
(II) meeting, or have met, the stated goals of those
entities with respect to the use of the grant amounts;
(III) satisfying the requirements imposed by the Assistant
Secretary on those States under subsection (h) of that
section; and
(IV) in compliance with any other rules, requirements, or
regulations promulgated by the Assistant Secretary in
implementing that program.
(2) Public availability.--The Assistant Secretary shall
make each report submitted under paragraph (1)(A) publicly
available in an online format that--
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible--
(i) to individuals with disabilities; and
(ii) in languages other than English.
(b) Authority to Contract and Enter Into Other
Arrangements.--The Assistant Secretary may award grants and
enter into contracts, cooperative agreements, and other
arrangements with Federal agencies, public and private
organizations, and other entities with expertise that the
Assistant Secretary determines appropriate in order to--
(1) evaluate the impact and efficacy of activities
supported by grants awarded under the covered programs; and
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(2) develop, catalog, disseminate, and promote the exchange
of best practices, both with respect to and independent of
the covered programs, in order to achieve digital equity.
(c) Consultation and Public Engagement.--In carrying out
subsection (a), and to further the objectives described in
paragraphs (1) and (2) of subsection (b), the Assistant
Secretary shall conduct ongoing collaboration and consult
with--
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and Library
Services;
(11) the Administrator of the Small Business
Administration;
(12) the Federal Co-Chair of the Appalachian Regional
Commission;
(13) State agencies and governors of States (or equivalent
officials);
(14) entities serving as administering entities for States
under section 5144(b);
(15) national, State, Tribal, and local organizations that
provide digital inclusion, digital equity, or digital
literacy services;
(16) researchers, academics, and philanthropic
organizations; and
(17) other agencies, organizations (including international
organizations), entities (including entities with expertise
in the fields of data collection, analysis and modeling, and
evaluation), and community stakeholders, as determined
appropriate by the Assistant Secretary.
(d) Technical Support and Assistance.--The Assistant
Secretary shall provide technical support and assistance,
assistance to entities to prepare the applications of those
entities with respect to grants awarded under the covered
programs, and other resources, to the extent practicable, to
ensure consistency in data reporting and to meet the
objectives of this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section, which shall remain available until expended.
SEC. 5147. GENERAL PROVISIONS.
(a) Nondiscrimination.--
(1) In general.--No individual in the United States may, on
the basis of actual or perceived race, color, religion,
national origin, sex, gender identity, sexual orientation,
age, or disability, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination
under any program or activity that is funded in whole or in
part with funds made available under this chapter.
(2) Enforcement.--The Assistant Secretary shall effectuate
paragraph (1) with respect to any program or activity
described in that paragraph by issuing regulations and taking
actions consistent with section 602 of the Civil Rights Act
of 1964 (42 U.S.C. 2000d-1).
(3) Judicial review.--Judicial review of an action taken by
the Assistant Secretary under paragraph (2) shall be
available to the extent provided in section 603 of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-2).
(b) Technological Neutrality.--The Assistant Secretary
shall, to the extent practicable, carry out this chapter in a
technologically neutral manner.
(c) Audit and Oversight.--Beginning in the first fiscal
year in which amounts are made available to carry out an
activity authorized under this chapter, and in each of the 4
fiscal years thereafter, there is authorized to be
appropriated to the Office of Inspector General for the
Department of Commerce $1,000,000 for audits and oversight of
funds made available to carry out this chapter, which shall
remain available until expended.
Subtitle B--Affordable Housing and Community Investments and Restoring
Fair Housing Protections
SEC. 5201. AFFORDABLE HOUSING AND COMMUNITY INVESTMENTS AND
RESTORING FAIR HOUSING PROTECTIONS.
(a) Definitions.--In this section:
(1) Consolidated plan.--The term ``consolidated plan''
means a comprehensive housing affordability strategy and
community development plan required under part 91 of title
24, Code of Federal Regulations, or any successor regulation.
(2) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(3) High-poverty area.--The term ``high-poverty area''
means a census tract with a poverty rate of not less than 20
percent for the duration of the 5-year period ending on the
date of enactment of this Act.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).
(5) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(7) Tribally designated housing entity.--The term
``tribally designated housing entity'' has the meaning given
the term in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).
(b) Investments in Affordable Housing, Fair Housing, and
Community Development.--
(1) Community development block grant program.--
(A) Appropriations.--
(i) In general.--There is appropriated to the Secretary,
out of amounts in the Treasury not otherwise appropriated,
$15,000,000,000 for assistance under the community
development block grant program under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.), to remain available until September 30, 2024.
(ii) Limitations.--Not more than 15 percent of any amounts
made available pursuant to clause (i) may be used by a
grantee for administrative and planning costs, except that up
to an additional 5 percent may be used to--
(I) support local initiatives, policies, programs, and
ordinances that support the creation of housing affordable to
households with incomes at or below 80 percent of area median
income, as defined by the Secretary, throughout the
jurisdiction served by the grantee; or
(II) support the community engagement and outreach
activities required under subparagraph (E).
(iii) Technical assistance.--Of the amounts appropriated
under clause (i), $25,000,000 shall be used for technical
assistance to grantees of funds made available under this
paragraph to--
(I) support--
(aa) the development of displacement prevention plans under
subparagraph (C) and coordination plans under subparagraph
(D); and
(bb) the community engagement and outreach activities
required under subparagraph (E); and
(II) perform fair housing planning.
(B) Activities dedicated to high-poverty areas.--
(i) In general.--Activities funded from amounts made
available under this paragraph shall be conducted in, or for
the benefit of residents of and businesses located in--
(I) a high-poverty area; or
(II) a sub-area within a high-poverty area that also has a
poverty rate of not less than 20 percent.
(ii) Exception for affordable housing.--Housing activities
funded from amounts made available under this paragraph to
create, acquire, or renovate housing affordable to households
with incomes at or below 80 percent of area median income, as
defined by the Secretary, may be conducted in or for the
benefit of those households throughout the jurisdiction.
(C) Displacement prevention plan.--Each grantee of funds
made available under this paragraph shall develop a plan, to
be included within the amended consolidated plan of the
grantee, to prevent displacement of existing residents and
businesses, which shall--
(i) provide an analysis of whether new investments from
funds made available under this paragraph or other factors
related to these investments would lead to the displacement
of existing homeowners, renters, or businesses in high-
poverty areas or areas adjacent to high-poverty areas; and
(ii) outline strategies that the grantee will implement to
monitor and to prevent the displacement described in clause
(i) and to ensure the future availability of housing
affordable to low- and moderate-income households in
investment areas.
(D) Coordination with other federal funds and grantees.--
Each grantee of funds made available under this paragraph
shall develop a plan, to be included within the amended
consolidated plan of the grantee, that shall discuss how the
grantee plans to coordinate the expenditures of the grantee
under this paragraph with--
(i) any other grant funds the grantee will receive under
this Act;
(ii) any other Federal grants or other assistance available
to the grantee that could be used to further the purposes of
this section;
(iii) the efforts of other grantees operating within the
jurisdiction of the grantee, including technical assistance
providers, to further the purposes of this section; and
(iv) tax credits available to households under this
section.
(E) Enhanced community engagement and section 3 outreach.--
(i) In general.--In developing the required amendment to
the consolidated plan of a grantee describing the use of
funds by a grantee under this paragraph, the grantee shall
conduct additional outreach to solicit comment from--
(I) organizations with experience in fair housing;
(II) organizations with experience in affordable housing;
(III) organizations providing services for persons with
disabilities;
(IV) homelessness service organizations;
(V) housing counseling organizations;
(VI) organizations providing culturally competent services
for underserved populations or populations with limited
English proficiency; and
[[Page S7770]]
(VII) residents of and small businesses in high-poverty
areas in the jurisdiction served by the grantee.
(ii) Section 3.--Each grantee of funds made available under
this paragraph shall conduct outreach to residents of public
housing and other persons eligible to participate in the job
training and employment opportunities provided under section
3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) and relevant community organizations representing and
working with those persons to enhance awareness of job
training and employment opportunities provided under that
section that may become available due to activities funded
under this paragraph.
(F) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary, utilize other strategies to
reduce emissions and energy costs; and
(ii) ensure that housing and infrastructure investments
incorporate features necessary to create or improve
resilience to natural disasters, or man-made disasters
exacerbated by extreme weather conditions, as applicable to
the area in which the investments are located.
(G) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary for staffing, training,
technical assistance, technology, monitoring, travel,
enforcement, research, and evaluation activities.
(2) Technical assistance.--
(A) In general.--There is appropriated to the Secretary,
out of amounts in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2024,
for housing and community development technical assistance to
assist communities and community-based organizations to
ensure the timely and effective deployment of funds made
available under this subsection and promote equitable
community development, including--
(i) $40,000,000 for the second, third, and fourth capacity
building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for rural
capacity building activities;
(ii) $10,000,000 for capacity building by national rural
housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofit
organizations, local governments, and Indian Tribes serving
high-need rural communities;
(iii) $10,000,000 for the Self-Help Homeownership
Opportunity Program authorized under section 11 of the
Housing Opportunity Program Extension Act of 1996 (42 U.S.C.
12805 note);
(iv) $10,000,000 for fair housing education and outreach
initiative grants; and
(v) $30,000,000 for the Neighborhood Reinvestment
Corporation (in this subsection referred to as the
``Corporation'') established under the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101 et seq.) for
housing counseling services.
(B) Disbursement of corporation funds.--
(i) Priority.--Not less than 40 percent of amounts
described in subparagraph (A)(v) shall be provided to
counseling organizations that target counseling services to
minority and low-income homeowners, renters, individuals
experiencing homelessness, and individuals at risk of
homelessness or provide such services in neighborhoods with
high concentrations of minority and low-income homeowners,
renters, individuals experiencing homelessness, and
individuals at risk of homelessness.
(ii) Disbursement.--
(I) In general.--The Corporation shall disburse all grant
funds described in subparagraph (A)(v) as expeditiously as
possible, through grants to housing counseling intermediaries
approved by the Department of Housing and Urban Development,
State housing finance agencies, and NeighborWorks
organizations.
(II) Limitation.--The aggregate amount provided to
NeighborWorks organizations under this subsection shall not
exceed 15 percent of the total grant funds made available
pursuant to this paragraph.
(3) Public housing capital fund.--
(A) Appropriations.--There is appropriated to the
Secretary, out of amounts in the Treasury not otherwise
appropriated, $15,000,000,000 for the Capital Fund under
section 9(d) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d)), to remain available until September 30,
2024.
(B) Requirements.--The Secretary shall--
(i) not later than 30 days after the date of enactment of
this Act, distribute not less than 70 percent of amounts
appropriated under subparagraph (A) under the same formula
used for amounts made available for the Capital Fund for
fiscal year 2020, except that the Secretary may determine not
to allocate funding to public housing agencies that are
designated as troubled at the time of such determination or
to public housing agencies that elect not to accept such
funding, or both, and provided that public housing agencies
prioritize--
(I) urgent health and safety concerns, including lead
hazards, carbon monoxide, radon, and other issues;
(II) work items in the existing 5-year capital plan of the
public housing agency;
(III) energy efficiency; and
(IV) the renovation of vacant units; and
(ii) not later than 270 days after the date of enactment of
this Act, make available all remaining amounts under this
paragraph by competition for priority investments, including
investments that address--
(I) lead hazards, carbon monoxide, radon, and other urgent
health and safety concerns;
(II) energy efficiency and resilience;
(III) the renovation of vacant units; and
(IV) such other priorities as the Secretary may identify.
(C) Limitation.--Amounts made available under this
paragraph may not be used for operating costs under section
9(d) of the Housing Act of 1937 (42 U.S.C. 1437g(d)) other
than costs related to the provision of broadband internet
access within public housing properties.
(D) Section 3 outreach.--Each grantee of funds made
available under this paragraph shall conduct outreach to
residents of public housing and other persons eligible to
participate in the job training and employment opportunities
provided under section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701u) and relevant community
organizations representing and working with those persons to
enhance awareness of job training and employment
opportunities provided under that section that may become
available due to activities funded under this paragraph.
(E) Monitoring of troubled public housing agencies.--With
respect to any public housing agency that is designated as
troubled at the time that amounts appropriated pursuant to
this paragraph are obligated for the public housing agency,
the Secretary shall provide additional monitoring and
oversight of the public housing agency to ensure that any
amounts provided are used in accordance with this paragraph
and any applicable laws, including fair housing laws.
(F) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary, utilize other strategies to
reduce emissions and energy costs; and
(ii) ensure that housing investments incorporate features
necessary to create or improve resilience to natural
disasters, or man-made disasters exacerbated by extreme
weather conditions, as applicable to the area in which the
housing is located.
(G) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary for staffing, training,
technical assistance, technology, monitoring, travel,
enforcement, research, and evaluation activities.
(4) Choice neighborhoods initiative grants.--
(A) Appropriations.--
(i) In general.--There is appropriated to the Secretary,
out of amounts in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until September 30, 2025,
for grants provided under the terms provided under the
heading ``Choice Neighborhoods Initiative'' of title II of
the Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2020 (Public Law 116-
94), of which not less than $650,000,000 shall be awarded to
public housing agencies and of which not more than
$20,000,000 may be awarded for grants to undertake
comprehensive local planning efforts in consultation with
residents and the community.
(ii) Priority to prior year finalists.--In making awards
using funds made available under this paragraph, the
Secretary--
(I) shall prioritize applicants that were designated as
finalists in fiscal year 2018, 2019, or 2020 in Choice
Neighborhoods Implementation Grant competitions but have not
yet received an award in subsequent grant rounds; and
(II) may establish a streamlined application process for
the applicants described in subclause (I) that is designed to
ensure that previous finalist plans remain viable and have
been the subject of a recent public hearing, in addition to
such other information the Secretary may require.
(B) Section 3 outreach.--Each grantee of funds made
available under this paragraph shall conduct outreach to
residents of public housing and other persons eligible to
participate in the job training and employment opportunities
provided under section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701u) and relevant community
organizations representing and working with those persons to
enhance awareness of job training and employment
opportunities provided under that section that may become
available due to activities funded under this paragraph.
(C) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary, utilize other strategies to
reduce emissions and energy costs; and
[[Page S7771]]
(ii) ensure that housing investments incorporate features
necessary to create or improve resilience to natural
disasters, or man-made disasters exacerbated by extreme
weather conditions, as applicable to the area in which the
housing is located.
(D) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary for staffing, training,
technical assistance, technology, monitoring, travel,
enforcement, research, and evaluation activities.
(5) Native american housing and community development
grants.--
(A) Appropriations.--There is appropriated to the
Secretary, out of amounts in the Treasury not otherwise
appropriated, $1,500,000,000 to remain available until
September 30, 2024, for Native American, Alaska Native, and
Native Hawaiian housing and community development activities,
of which--
(i) $960,000,000 shall be available to carry out the Native
American housing block grant program under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111 et seq.);
(ii) $10,000,000 shall be available for providing training
and technical assistance to Indian Tribes, Indian housing
authorities, and tribally designated housing entities to
support activities under this title;
(iii) $30,000,000 shall be available to carry out the
Native Hawaiian housing block grant program under title VIII
of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.); and
(iv) $500,000,000 shall be available for grants to Indian
Tribes for carrying out the Indian community development
block grant program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.),
notwithstanding section 106(a)(1) of such Act (42 U.S.C.
5306(a)(1)).
(B) Requirements.--The Secretary shall--
(i) not later than 30 days after the date of enactment of
this Act, distribute not less than 50 percent of amounts
appropriated under clause (i) of subparagraph (A) under the
same formula used for amounts made available for the program
described in that subparagraph for fiscal year 2020, except
that the Secretary may determine not to allocate funding to
tribally designated housing entities that elect not to accept
such funding; and
(ii) not later than 270 days after the date of enactment of
this Act, make available all remaining amounts under this
paragraph by competition for priority investments, including
urgent health and safety concerns, and such other priorities
as the Secretary may identify.
(C) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary, utilize other strategies to
reduce emissions and energy costs; and
(ii) ensure that housing and infrastructure investments
incorporate features necessary to create or improve
resilience to natural disasters, or man-made disasters
exacerbated by extreme weather conditions, as applicable to
the area in which the investments are located.
(D) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary for staffing, training,
technical assistance, technology, monitoring, travel,
enforcement, research, and evaluation activities.
(6) Home investment partnerships program.--
(A) Appropriations.--There is appropriated to the
Secretary, out of amounts in the Treasury not otherwise
appropriated, $5,000,000,000 for carrying out the HOME
Investment Partnerships Program under title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12721 et seq.), to remain available until September 30, 2024.
(B) Section 3 outreach.--Each grantee of funds made
available under this paragraph shall conduct outreach to
residents of public housing and other persons eligible to
participate in the job training and employment opportunities
provided under section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701u) and relevant community
organizations representing and working with those persons to
enhance awareness of job training and employment
opportunities provided under that section that may become
available due to activities funded under this paragraph.
(C) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary, utilize other strategies to
reduce emissions and energy costs; and
(ii) ensure that housing investments incorporate features
necessary to create or improve resilience to natural
disasters, or man-made disasters exacerbated by extreme
weather conditions, as applicable to the area in which the
housing is located.
(D) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary for staffing, training,
technical assistance, technology, monitoring, travel,
enforcement, research, and evaluation activities.
(7) Housing trust fund.--
(A) Appropriations.--There is appropriated to the
Secretary, out of amounts in the Treasury not otherwise
appropriated, for the Housing Trust Fund under section 1338
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568) $4,000,000,000, to
remain available until expended.
(B) Section 3 outreach.--Each grantee of funds made
available under this paragraph shall conduct outreach to
residents of public housing and other persons eligible to
participate in the job training and employment opportunities
provided under section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701u) and relevant community
organizations representing and working with those persons to
enhance awareness of job training and employment
opportunities provided under that section that may become
available due to activities funded under this paragraph.
(C) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary, utilize other strategies to
reduce emissions and energy costs; and
(ii) ensure that housing investments incorporate features
necessary to create or improve resilience to natural
disasters, or man-made disasters exacerbated by extreme
weather conditions, as applicable to the area in which the
housing is located.
(D) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary for staffing, training,
technical assistance, technology, monitoring, travel,
enforcement, research, and evaluation activities.
(8) Capital magnet fund.--
(A) Appropriations.--There is appropriated to the Secretary
of the Treasury, out of amounts in the Treasury not otherwise
appropriated, for the Capital Magnet Fund under section 1339
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4569) $1,400,000,000, to
remain available until expended.
(B) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary, utilize other strategies to
reduce emissions and energy costs; and
(ii) ensure that housing and infrastructure investments
incorporate features necessary to create or improve
resilience to natural disasters, or man-made disasters
exacerbated by extreme weather conditions, as applicable to
the area in which the investments are located.
(C) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary of the Treasury for
staffing, training, technical assistance, technology,
monitoring, travel, enforcement, research, and evaluation
activities.
(9) Removal of lead hazards and promoting healthy
housing.--
(A) Appropriations.--There is appropriated to the
Secretary, out of amounts in the Treasury not otherwise
appropriated, $6,000,000,000 for lead hazard control and
healthy housing, to remain available until September 30,
2024, of which--
(i) $2,500,000,000 shall be for the lead hazard reduction
program, as authorized by section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4852);
(ii) $1,500,000,000 shall be for grants pursuant to section
1011 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C. 4852), which shall be provided to areas
with the highest lead-based paint abatement needs; and
(iii) $2,000,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1, 1701z-
2), which shall include research, studies, testing, and
demonstration efforts, including education and outreach
concerning developing best practices relating to lead-based
paint poisoning and other housing related diseases and
hazards.
(B) Demonstration grants.--Of amounts made available under
subparagraph (A), the Secretary may utilize up to
$500,000,000 for demonstration projects designed to develop
or test best practices with regard to the provision of
healthy housing, including--
(i) eliminating lead-paint hazards in high-risk geographic
areas and households with children at high risk of lead paint
poisoning;
(ii) community-wide strategies to eliminate lead hazards in
housing;
(iii) in coordination with local water systems and the
Administrator of the Environmental Protection Agency,
eliminating lead services lines in federally assisted housing
or housing owned or rented by low-income households;
(iv) programs to coordinate lead and health hazard removal
with weatherization, energy
[[Page S7772]]
efficiency, or ventilation improvement programs or
strategies;
(v) lead hazard and healthy housing workforce development,
including in rural communities; and
(vi) other demonstrations as identified by the Secretary.
(10) Rural multifamily preservation and revitalization
demonstration program.--
(A) Appropriations.--There is appropriated to the Secretary
of Agriculture, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000, for carrying out the
Multifamily Preservation and Revitalization Demonstration
program of the Rural Housing Service authorized under
sections 514, 515, and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1485, 1486), to remain available until September
30, 2024.
(B) Energy efficiency and resilience.--Each grantee of
funds made available under this paragraph shall--
(i) ensure that housing renovation and new construction
activities funded under this paragraph create or improve
water and energy efficiency of the applicable housing and, at
the discretion of the Secretary of Agriculture, utilize other
strategies to reduce emissions and energy costs; and
(ii) ensure that housing investments incorporate features
necessary to create or improve resilience to natural
disasters, or man-made disasters exacerbated by extreme
weather conditions, as applicable to the area in which the
housing is located.
(C) Oversight and administration.--Of the funds made
available under this paragraph, not more than 0.5 percent
shall be available to the Secretary of Agriculture for
staffing, training, technical assistance, technology,
monitoring, travel, enforcement, research, and evaluation
activities.
(c) Repeal of Faircloth Amendment.--Section 9(g) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is
amended by striking paragraph (3).
(d) Restoring Fair Housing Protections.--
(1) Affirmatively furthering fair housing.--
(A) Public information and transparency.--
(i) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall reestablish and
publish in a publicly accessible manner on the website of the
Department the Affirmatively Furthering Fair Housing Data and
Mapping Tool (AFFH-T), which was previously available on the
website of the Department.
(ii) Updates.--In reestablishing and publishing the tool
described in clause (i), the Secretary shall update the tool
for the most recent data available, and subsequently update
the tool not less frequently than annually.
(B) Repeal of regulation.--The final rule issued by the
Department entitled ``Preserving Community and Neighborhood
Choice'' (85 Fed. Reg. 47899 (August 7, 2020)) shall have no
force or effect.
(C) Assessment tools.--
(i) Local governments.--The Secretary shall--
(I) not later than 30 days after the date of enactment of
this Act, publish in the Federal Register a notice for public
comment relating to establishing a fair housing assessment
tool for use by local governments; and
(II) not later than 150 days after the date of enactment of
this Act, publish on the website of the Department and make
available to local governments a final fair housing
assessment tool.
(ii) Public housing agencies.--The Secretary shall--
(I) not later than 90 days after the date of enactment of
this Act, publish in the Federal Register a notice for public
comment relating to establishing a fair housing assessment
tool for use by public housing agencies; and
(II) not later than 180 days after the date of enactment of
this Act, publish on the website of the Department and make
available to public housing agencies a final fair housing
assessment tool.
(iii) State governments.--The Secretary shall--
(I) not later than 120 days after the date of enactment of
this Act, publish in the Federal Register a notice for public
comment relating to establishing a fair housing assessment
tool for use by State governments; and
(II) not later than 210 days after the date of enactment of
this Act, publish on the website of the Department and make
available to State governments a final fair housing
assessment tool.
(2) Repeal of disparate impact regulation.--The final rule
issued by the Department entitled ``HUD's Implementation of
the Fair Housing Act's Disparate Impact Standard'' (85 Fed.
Reg. 60288 (September 24, 2020)) shall have no force or
effect.
(3) Repeal of occ community reinvestment act regulation.--
The final rule issued by the Office of the Comptroller of the
Currency entitled ``Community Reinvestment Act Regulations''
(85 Fed. Reg. 34734 (June 5, 2020)) shall have no force or
effect.
(e) Financial Institutions.--
(1) In general.--All persons shall be entitled to the full
and equal enjoyment of the goods, services, facilities,
privileges, and accommodations of any financial institution,
as defined in section 803 of the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C. 5462), without
discrimination on the ground of race, color, religion,
national origin, and sex (including sexual orientation and
gender identity).
(2) Private right of action.--
(A) In general.--Whenever any person has engaged or there
are reasonable grounds to believe that any person is about to
engage in any act or practice prohibited by paragraph (1), a
civil action for preventive relief, including an application
for a permanent or temporary injunction, restraining order,
or other order, may be instituted by the person aggrieved.
(B) Costs.--In any action commenced pursuant to this
subsection, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable
attorney's fee as part of the costs, and the United States
shall be liable for costs the same as a private person.
(C) Jurisdiction.--The district courts of the United States
shall have jurisdiction of proceedings instituted pursuant to
this subsection and shall exercise the same without regard to
whether the aggrieved party shall have exhausted any
administrative or other remedies that may be provided by law.
(D) Exclusive means.--The remedies provided in this
subsection shall be the exclusive means of enforcing the
rights based on this subsection, but nothing in this section
shall preclude any individual or any State or local agency
from asserting any right based on any other Federal or State
law not inconsistent with this subsection, including any
statute or ordinance requiring nondiscrimination in goods,
services, facilities, privileges, and accommodations of any
financial institution, or from pursuing any remedy, civil or
criminal, which may be available for the vindication or
enforcement of such right.
Subtitle C--School, Library, and Institution Infrastructure
CHAPTER 1--SCHOOL INFRASTRUCTURE
SEC. 5301. DEFINITIONS.
In this chapter:
(1) ESEA terms.--The terms ``elementary school'', ``other
staff'', ``outlying area'', ``secondary school'',
``specialized instructional support personnel'', and ``State
educational agency'' have the meanings given to those terms
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(2) Bureau-funded school.--The term ``Bureau-funded
school'' has the meaning given to that term in section 1141
of the Education Amendments of 1978 (25 U.S.C. 2021).
(3) Covered funds.--The term ``covered funds'' means funds
received by a State or qualified local educational agency
under this chapter.
(4) High-need school.--The term ``high-need school'' has
the meaning given to that term in section 200 of the Higher
Education Act of 1965 (20 U.S.C. 1021).
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given to that term, without regard to capitalization,
in section 4 of the Indian Self-Determination and Education
Act (25 U.S.C. 5304).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given to that term in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801) except that such term does not include a Bureau-
funded school.
(7) Operations and maintenance of school facilities.--The
term ``operations and maintenance of school facilities''
means annual activities related to keeping--
(A) school buildings operational, safe for use, and free
from health and safety hazards; or
(B) school grounds, school buildings, and school equipment
in an effective working condition.
(8) Public school facilities.--The term ``public school
facilities'' means the facilities of a public elementary
school or a public secondary school, including outdoor
facilities and grounds.
(9) Qualified local educational agency.--The term
``qualified local educational agency'' means a local
educational agency that--
(A) receives funds under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq.);
(B) is among the local educational agencies in the State
with the highest numbers or percentages of students counted
under section 1124(c) of such Act (20 U.S.C. 6333(c));
(C) agrees to prioritize the improvement of the facilities
of high-need schools; and
(D) may be among the local educational agencies in the
State--
(i) where the conditions of such agency's public school
facilities disrupt the learning environment and put students,
families, educators, and other staff at health and safety
risk, such as due to proximity to toxic sites (including
point sources of pollution, environmental degradation, or
brownfield sites) or the vulnerability of such facilities to
natural disasters; or
(ii) with the most limited capacity to raise funds for the
long-term improvement of public school facilities, as
determined by an assessment of--
(I) the current and historic ability of such agency to
secure funds for construction, renovation, modernization, and
major repair projects for schools;
(II) whether such agency has been able to issue bonds or
receive other funds (such as developer impact fees or access
to private financing) to support school construction
projects;
(III) the bond rating of such agency; or
(IV) the burden of debt carried by such agency.
[[Page S7773]]
(10) School facilities capital outlay projects.--The term
``school facilities capital outlay projects'' means the
planning, design, construction, renovation, repair,
management, and financing of school facilities projects with
a life expectancy of at least 10 years. School facilities
capital outlay projects do not include operations and
maintenance of school facilities.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(12) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(13) State school facilities agency.--The term`` State
school facilities agency'' means the State educational agency
or other public agency designated by the State educational
agency with the responsibility for administering the program
under section 5303(d) and for supporting school facilities
capital outlay projects.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given that term, without regard to
capitalization, in section 4 of the Indian Self-Determination
and Education Act (25 U.S.C. 5304).
(15) Zero energy school.--The term ``zero energy school''
means a public elementary school or public secondary school
that--
(A) generates renewable energy on-site; and
(B) on an annual basis, exports an amount of such renewable
energy that equals or exceeds the total amount of renewable
energy that is delivered to the school from outside sources.
SEC. 5302. DEVELOPMENT OF DATA STANDARDS.
(a) Data Standards.--Not later than 120 days after the date
of the enactment of this chapter, the Secretary, in
consultation with the Federal officials described in
subsection (b), shall--
(1) identify the data that State school facilities agencies
and the Bureau of Indian Education should collect and include
in the databases required to be developed under subparagraphs
(A)(i)(II) and (B) of section 5303(c)(2);
(2) develop standards for the comparability of such data;
and
(3) issue guidance to State school facilities agencies and
local educational agencies concerning the definitions,
collection, comparability, and sharing of such data.
(b) Officials.--The officials described in this subsection
are--
(1) the Administrator of the Environmental Protection
Agency;
(2) the Secretary of Energy;
(3) the Director of the Centers for Disease Control and
Prevention;
(4) the Secretary of the Interior;
(5) the Administrator of the Federal Emergency Management
Agency; and
(6) the Director of the National Institute for Occupational
Safety and Health.
SEC. 5303. GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC
SCHOOL FACILITIES.
(a) Purpose.--Covered funds shall be for supporting long-
term improvements to public school facilities in accordance
with this chapter.
(b) Reservation for Outlying Areas and Bureau-funded
Schools.--
(1) In general.--For each of fiscal years 2021 through
2023, the Secretary shall reserve, from the amount
appropriated to carry out this chapter--
(A) in consultation with the Secretary of the Interior,
one-half of 1 percent to provide assistance to the outlying
areas; and
(B) 1 and one-half percent for payments to the Secretary of
the Interior to provide assistance to Bureau-funded schools.
(2) Use of reserved funds.--
(A) Special rules for outlying areas.--
(i) Applicability.--Funds reserved under paragraph (1)(A)
shall be used in accordance with sections 5304 through 5308.
(ii) Allocation to outlying areas.--From the amount
reserved under paragraph (1)(A) for a fiscal year, the
Secretary, in consultation with the Secretary of the
Interior, shall allocate to each outlying area an amount in
proportion to the amount received by the outlying area under
part A of title I of the Elementary and Secondary Act of 1965
(20 U.S.C. 6311 et seq.) for the previous fiscal year,
relative to the total such amount received by all outlying
areas for such previous fiscal year.
(B) Special rules for bureau-funded schools.--
(i) Consultation.--
(I) In general.--Not later than 90 days after receiving
funds under paragraph (1)(B), the Secretary of the Interior
shall initiate a consultation with Indian Tribes to determine
whether assistance provided to Bureau-funded schools under
paragraph (1)(B) shall be administered--
(aa) in accordance with requirements specified in this
chapter (under which, the Secretary of the Interior would
operate under the same requirements set forth for States
under this chapter, and Bureau-funded schools would operate
under the same requirements as qualified local educational
agencies); or
(bb) through existing infrastructure programs administered
by the Secretary of the Interior.
(II) Flexibility.--If the outcome of this consultation is
to operate a program in accordance with this chapter, as
described in subclause (I)(aa), the Secretary of the Interior
shall have the authority, in further consultation with
officials from Indian Tribes and Tribal organizations to
determine which requirements under this chapter shall apply.
(III) Consultation requirements.--Consultation described
under this clause shall be carried out in a manner and at a
time that provides the opportunity for appropriate officials
from Indian Tribes or Tribal organizations to meaningfully
and substantively contribute to decisionmaking described in
this clause.
(ii) Treatment of tribally operated schools.--The Secretary
of the Interior shall provide assistance to Bureau-funded
schools under paragraph (1)(B) without regard to whether such
schools are operated under a contract under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.), a grant under the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), or directly by the Federal
government.
(iii) Bureau-funded schools facilities inventory.--In
accordance with the guidance issued by the Secretary under
section 5302, not later than 180 days after receiving an
allocation under paragraph (1)(B), the Secretary of the
Interior shall develop and operate an online, publicly
searchable database that contains an inventory of the
infrastructure of all Bureau-funded school facilities, in
accordance with the requirements described in subsection
(c)(2)(B). The Secretary of the Interior shall update such
database not less frequently than once every 2 years.
(iv) No matching requirement.--Notwithstanding subsection
(c)(4)(A) or any other provision of law, the Secretary of the
Interior shall not require Bureau-funded schools receiving
funds under paragraph (1)(B) to provide matching funds or a
non-Federal share toward the cost of the activities carried
out with those funds.
(3) Timing requirement.--By not later than 90 days after
the date of enactment of an Act appropriating or otherwise
making available amounts to carry out this chapter, the
Secretary shall make the allocations required under paragraph
(1).
(c) Allocation to States.--
(1) Allocation of funding.--From the funds appropriated
under section 5209 for any fiscal year and remaining after
the Secretary makes reservations under subsection (b), the
Secretary shall allot to each State that has a plan approved
by the Secretary under paragraph (3), an amount that is the
same proportion as each State received under part A of title
I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) for the preceding fiscal year.
(2) State reservation.--
(A) In general.--A State shall reserve not more than 5
percent of its allocation under paragraph (1) to carry out
the State's school facilities agency's responsibilities under
this Act, which--
(i) shall include--
(I) providing technical assistance to local educational
agencies, including by--
(aa) identifying which State and local public agencies have
programs, resources, and expertise relevant to the activities
supported by the allocation under this section; and
(bb) coordinating the provision of technical assistance
across such agencies;
(II) in accordance with the guidance issued by the
Secretary under section 5302 and the requirements under
subparagraph (B), developing and operating an online,
publicly searchable database that contains an inventory of
the infrastructure of all public school facilities in the
State;
(III) issuing or reviewing standards, regulations, or plans
to ensure safe, healthy, and high-performing school buildings
that address--
(aa) indoor air quality and ventilation issues, including
exposure to airborne pathogens, carbon monoxide, carbon
dioxide, lead-based paint, and other combustion by products
such as oxides of nitrogen;
(bb) mold, mildew, and moisture control;
(cc) the safety of drinking water at the tap and water used
for meal preparation, including the presence of lead and
other contaminants in such water and the results and
frequency of regular testing of the potability of water at
the tap;
(dd) energy and water efficiency;
(ee) excessive classroom noise related to projects
supported under this chapter;
(ff) exposure to toxic substances, including mercury,
radon, PCBs, lead, vapor intrusions, and asbestos; and
(gg) the emergency preparedness of public school facilities
to efficiently serve as a community shelter during a natural
or man-made disaster or emergency; and
(IV) designating an ombudsman to monitor public school
facilities in the State, respond to complaints regarding
health and safety conditions in such facilities from the
public, and address health and safety hazards (in
coordination with local and State agency officials), in
accordance with applicable Federal, State, Tribal, and local
health and safety requirements; and
(ii) may include the development of a plan to increase the
number of zero energy schools in the State.
(B) Inventory of all public school facilities in the
state.--
(i) Contents.--The State school facilities agency's
database required under subparagraph (A)(i)(II) that contains
an inventory of the infrastructure of all public school
facilities in the State shall include--
(I) each local educational agency's expenditures on school
facilities capital outlay projects (defined as the sum of the
local educational agency's total expenditures on school
facilities capital outlay projects and any direct
expenditures and funds provided by the State to such agency
for the purpose
[[Page S7774]]
of school facilities capital outlay projects), in total and
disaggregated by each school facility;
(II) with respect to each such facility, an identification
of--
(aa) the size of each individual school building and the
age of each such building within each such facility;
(bb) the enrollment capacity of the school operating in
each such facility;
(cc) the annual operating expenditures by the corresponding
local educational agency on operations and maintenance of
school facilities for each such facility;
(dd) the extent to which each such facility has been
retrofitted or improved to mitigate natural disasters or
emergencies, including pandemics, seismic natural disasters,
forest fires, hurricanes, flooding, tornados, tsunamis, mud
slides, and pandemics;
(ee) information regarding any previous inspections showing
the presence of toxic substances;
(ff) the emergency preparedness of each such facility--
(AA) to efficiently serve as a community shelter during a
natural or man-made disaster or emergency, taking into
consideration the facility's design, construction, and
location features, including communication and related
equipment and supply levels, in accordance with Federal,
State, and local requirements; and
(BB) including any improvement to support indoor and
outdoor social distancing and implementation of public health
protocols (including with respect to HVAC usage and
ventilation in schools, consistent with the guidance issued
by Federal agencies, including the Centers for Disease
Control and Prevention);
(gg) an inventory of space within each such facility,
including the number of classrooms, room capacity, square
footage, and classification by building function; and
(hh) information regarding internet access in such
facility, including the presence of high-speed broadband, Wi-
Fi, and connectivity speed.
(ii) Frequency of updates.--A State school facilities
agency shall update the database required under this
subparagraph and subparagraph (A)(i)(II) not less frequently
than once every 3 years.
(iii) Public accessibility.--A State school facilities
agency shall ensure that the information in the database
required under this subparagraph and subparagraph
(A)(i)(II)--
(I) is publicly posted on an easily accessible part of the
website of the State school facilities agency; and
(II) is regularly distributed to local educational agencies
and Indian Tribes in the State.
(3) State plan.--
(A) In general.--To be eligible to receive an allocation
under this section, a State school facilities agency shall
submit a plan to the Secretary at such time, in such manner,
and including such other information as the Secretary may
require, including at a minimum--
(i) a description of how the State school facilities agency
will use the allocation provided under paragraph (1) to make
long-term improvements to public school facilities in the
State, including the improvement of such facilities operated
by qualified local educational agencies in the State;
(ii) a description of how the State school facilities
agency will carry out each of its responsibilities under
subclauses (I) through (IV) of paragraph (2)(A)(i);
(iii) an assurance that the State shall contribute, from
non-Federal sources, an amount equal to 10 percent of the
amount of the allocation received under paragraph (1) to
carry out the activities supported by the allocation;
(iv) a description of how the State school facilities
agency will identify qualified local educational agencies and
make the determination under subsection (d)(3);
(v) a description of the State's strategy to address the
construction, renovation, modernization, and major repair
needs of public school facilities, including--
(I) the total State expenditures for school facilities
capital outlay projects, as described in paragraph
(4)(B)(iii), in the fiscal year preceding the year for which
the State receives an allocation under paragraph (1); and
(II) how long, and at what levels, the State will maintain
fiscal effort for the activities supported by such allocation
after the State no longer receives such allocation;
(vi) a description of the methodology the State school
facilities agency will use to determine to which qualified
local educational agencies to award subgrants, in accordance
with subparagraph (2) and (3) of subsection (d), including--
(I) the State school facilities agency's criteria for
reviewing the quality of the public school facilities
projects proposed in applications submitted under subsection
(d); and
(II) how the State school facilities agency will consider
the impact that such projects will have on--
(aa) racial and socioeconomic housing segregation; and
(bb) student diversity and racial and socioeconomic
isolation of students attending any current (as of the time
of submission of the plan) or future public school facilities
supported by such projects.
(B) Approval and disapproval.--
(i) In general.--The Secretary shall have the authority to
approve or disapprove a State plan submitted under
subparagraph (A).
(ii) Administration.--If the Secretary disapproves of a
State plan submitted under subparagraph (A), the Secretary
shall--
(I) immediately notify the State school facilities agency
of such determination and the reasons for such determination;
(II) offer the State school facilities agency the
opportunity to revise its State plan;
(III) provide technical assistance in order to assist the
State school facilities agency in meeting the requirements
under this chapter; and
(IV) provide the State school facilities agency the
opportunity for a hearing.
(4) Conditions.--As a condition of receiving an allocation
under paragraph (1), a State shall agree to the following:
(A) Matching requirement.--The State shall contribute, from
non-Federal sources, an amount equal to 10 percent of the
amount of the allocation received under paragraph (1) to
carry out activities supported by the allocation, in
accordance with section 5304.
(B) Commitment to proportional state investment in school
facilities.--
(i) In general.--The State shall provide an assurance to
the Secretary that for each fiscal year that the State
receives an allocation under this section, the State's share
of school facilities capital outlay in the fiscal year
preceding the fiscal year for which an allocation is received
will be not less than 90 percent of the average of the
State's share of school facilities capital outlay for the 5
years preceding the fiscal year for which the allocation is
received.
(ii) State's share of school facilities capital outlay.--In
this subparagraph, the term ``State's share of school
facilities capital outlay'' means--
(I) the total State expenditures on school facilities
capital outlay projects; divided by
(II) the total school facilities capital expenditures in
the State on school facilities capital outlay projects.
(iii) Total state expenditures.--In this subparagraph, the
term ``total State expenditures'' means the State's total
expenditures on school facilities capital outlay projects,
including--
(I) any direct expenditures by the State for the purpose of
school facilities capital outlay projects; and
(II) funds provided by the State to local educational
agencies for the purpose of school facilities capital outlay
projects.
(iv) Total school facilities capital expenditures in the
state.--In this subparagraph, the term ``total school
facilities capital expenditures in the State'', means the sum
of--
(I) all expenditures on school facilities capital outlay
projects by all local educational agencies in the State,
including any funds provided by the State to a local
educational agency in the State for school facilities capital
outlay projects; plus
(II) any direct expenditures made by the State for school
facilities capital outlay projects.
(C) Supplement not supplant.--The State shall use an
allocation received under this section only to supplement the
level of Federal, State, and local public funds that would,
in absence of such allocation, be made available for school
facilities capital outlay projects, and not to supplant such
funds.
(d) Need-based Subgrants to Qualified Local Educational
Agencies.--
(1) Subgrants to local educational agencies.--
(A) In general.--Subject to subparagraph (B), from the
amounts allocated to a State under subsection (c)(1) and
contributed by the State under subsection (c)(4)(A), the
State school facilities agency shall award subgrants to
qualified local educational agencies, on a competitive basis,
to carry out the activities described section 5304.
(B) Allowance for digital learning.--A State school
facilities agency may use not more than 10 percent of the
amount described in subparagraph (A) to make subgrants to
qualified local educational agencies to enable those
qualified local educational agencies to carry out activities
to improve digital learning in accordance with section
5304(b).
(2) Geographic distribution.--Each State school facilities
agency receiving an allocation under subsection (c)(1) shall
ensure that subgrants under this section are awarded to
qualified local educational agencies that represent the
geographic diversity of the State, by awarding subgrants to
qualified local educational agencies in urban, suburban, and
rural areas of the State.
(3) Priority of subgrants.--In awarding subgrants under
this section to qualified local educational agencies, the
State school facilities agency--
(A) shall give priority to qualified local educational
agencies--
(i) that demonstrate the greatest need for such a grant by
being in the highest quartile of qualified local educational
agencies in a ranking of all qualified local educational
agencies in the State, ranked in descending order by the
percentage of students who are enrolled in a school served by
the agency and are counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c));
(ii) that operate public school facilities which disrupt
the learning environment and pose a health and safety risk to
students, families, educators, and other staff, such as due
to proximity to toxic sites (including point sources of
pollution, environmental
[[Page S7775]]
degradation, or brownfield sites) or the vulnerability of
such facilities to natural disasters; or
(iii) that have the most limited capacity to raise funds
for the long-term improvement such agency's public school
facilities, as determined by an assessment of--
(I) the current and historic ability of such agency to
secure funds for construction, renovation, modernization, and
major repair projects for schools;
(II) whether the agency has been able to issue bonds or
receive other funds, such as developer impact fees or access
to private financing, to support school construction
projects;
(III) the bond rating of the agency; and
(IV) the burden of debt carried by the local educational
agency;
(B) with respect to subgrants awarded for fiscal year 2021,
shall give priority to qualified local educational agencies
described in subparagraph (A) that propose projects in their
application that support--
(i) indoor and outdoor social distancing; and
(ii) the implementation of public health protocols
(including with respect to HVAC usage and ventilation in
schools, consistent with the guidance issued by Federal,
State, Tribal, and local public health agencies, including
the Centers for Disease Control and Prevention); and
(C) may give priority to qualified local educational
agencies that--
(i) will use the subgrant to improve access to high-speed
broadband sufficient to support digital learning in
accordance with section 5304(b) and serve elementary schools
or secondary schools, including rural schools, that lack such
access; or
(ii) will use the subgrant to fund projects that are
aligned with such agency's policies or plan--
(I) to increase diversity and decrease racial or
socioeconomic isolation of its student body in its public
school facilities; and
(II) that have the intended outcomes of shifting student
enrollment policies to create more racially and
socioeconomically diverse schools.
(4) Application.--To be considered for a subgrant under
this section, a qualified local educational agency shall
submit an application to the State school facilities agency
at such time, in such manner, and containing such information
as such agency may require. Such application shall include,
at minimum--
(A) the information necessary for the State school
facilities agency to make the determinations under paragraphs
(2) and (3), including--
(i) a description of how the qualified local educational
agency will use covered funds to prioritize the improvement
of the facilities of high-need schools;
(ii) information regarding the qualified local educational
agency's capacity to raise funds for the long-term
improvement of its public school facilities, including
information regarding--
(I) the current and historic ability of the agency to raise
funds for construction, renovation, modernization, and major
repair projects for schools;
(II) whether the agency has been able to issue bonds or
receive other funds to support school construction projects;
(III) the bond rating of the agency; and
(IV) the level of debt carried by the agency; and
(iii) data regarding the numbers and percentages of
students counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 633(c)) served by
the agency, and the rates of racial and socioeconomic
isolation among students in such agency's public school
facilities; and
(B) a description of the projects that the agency plans to
carry out with the subgrant, in accordance with section 5304,
including--
(i) the rationale the agency used to determine such
projects, including how the agency--
(I) engaged students, families, and local communities in
making such determinations, and
(II) took into consideration elements described in
paragraph (5)(B) in making such determinations;
(ii) a description of how the agency took into
consideration the impacts that such projects may have on
student enrollment levels and racial and socioeconomic
diversity of students, as described in paragraph (5)(B)(v);
(C) a description of how the projects proposed in
subparagraph (B) will reduce risks to the health and safety
of staff and students at schools served by the agency,
including with respect to the conditions described in
paragraph (5)(B)(iii); and
(D) in the case of a qualified local educational agency
(including a public charter school that is a local
educational agency under State law) that proposes to fund a
repair, renovation, or construction project for a public
charter school, as defined by State law, a description
indicating--
(i) the extent to which the public charter school lacks
access to funding for school repair, renovation, and
construction through the financing methods available to other
public schools, including public charter schools, or local
educational agencies in the State; and
(ii) that the charter school operator--
(I) owns the facility that is to be repaired, renovated, or
constructed; or
(II) has care and control of such facility for not less
than 10 years.
(5) Facilities master plan.--
(A) Plan required.--Not later than 180 days after receiving
a subgrant under this section, a qualified local educational
agency shall submit to the State school facilities agency a
comprehensive facilities master plan that covers not less
than 3 years.
(B) Elements.--The facilities master plan required under
subparagraph (A) shall include, with respect to all public
school facilities of the qualified local educational agency,
a description of--
(i) the extent to which public school facilities meet
students' educational needs and support the agency's
educational mission and vision;
(ii) the physical condition of each individual public
school facility operated by the qualified local educational
agency;
(iii) the current health, safety, and environmental
conditions of each individual public school facility operated
by the qualified local educational agency, including--
(I) indoor air quality and ventilation;
(II) the presence of toxic substances;
(III) the safety of drinking water at the tap and water
used for meal preparation, including the level of lead and
other contaminants in such water;
(IV) energy and water efficiency;
(V) classroom acoustics; and
(VI) other health, safety, and environmental conditions
that would impact the health, safety, and learning
environment of students;
(iv) how the qualified local educational agency will
address any conditions identified under clause (iii),
including with projects supported by subgrant funds;
(v) the impact of current and future student enrollment
levels (as of the date of application) on the design of
current and future public school facilities operated by the
qualified local educational agency, including--
(I) the financial implications of such enrollment levels;
and
(II) the impact that such enrollment levels will have on
the racial and socioeconomic school diversity of students
attending any current or future public school facilities
operated by the local educational agency;
(vi) the dollar amount and percentage of funds the
qualified local educational agency will dedicate to capital
construction projects for public school facilities in each
fiscal year, including--
(I) any funds in the budget of the agency that will be
dedicated to such projects; and
(II) any funds not in the budget of the agency that will be
dedicated to such projects, including--
(aa) any funds available to the agency as the result of a
bond issue; or
(bb) capital campaigns, if such agency is a public charter
school.
(C) Consultation.--In developing the facilities master plan
required under subparagraph (A), the qualified local
educational agency shall consult with students and families,
educators, principals, other school leaders,
paraprofessionals, specialized instructional support
personnel, custodial and maintenance staff, emergency first
responders, school facilities directors, community residents,
Indian Tribes and Tribal organizations if such qualified
local educational agency is required to consult with Indian
Tribes or Tribal organizations under section 8538 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7918), advocacy and civil rights organizations, and the
public.
(D) Educational service agencies.--In the event that the
qualified local educational agency is an educational service
agency, the requirements of this paragraph shall apply only
to the public school facilities of the local educational
agencies where such agency intends to support projects with
subgrant funds.
(6) Supplement not supplant.--A qualified local educational
agency shall use a subgrant received under this section only
to supplement the level of Federal, State, and local public
funds that would, in the absence of such subgrant, be made
available for school facilities capital outlay projects and
for the operations and maintenance of school facilities, and
not to supplant such funds.
SEC. 5304. USES OF FUNDS.
(a) In General.--Subject to section 5305, a qualified local
educational agency that receives a subgrant under section
5303(d) shall use the funds to carry out one or more of the
following:
(1) Developing, maintaining, and updating as necessary the
facilities master plan required under section 5303(d)(5).
(2) Renovating, retrofitting, modernizing, or constructing
public school facilities, which may include--
(A) improvements to public school facilities to improve the
safety and health of students and staff directly related to
reducing the risk of community spread of COVID-19, such as--
(i) facility repairs, improvements, or other system
upgrades to support implementation of public health
protocols, such as repair, replacement, and installation of
sinks for hand washing, appropriate spaces for health
screening, adequate school nurses' spaces, health isolation
areas, and storage and disposal of personal protective
equipment; and
(ii) projects designed to reduce COVID-19 transmission and
exposure to environmental health hazards and to support
student health needs, including--
[[Page S7776]]
(I) improvements to indoor air quality in schools or school
surfaces to enable effective ventilation and sanitation;
(II) improvements to outdoor areas for outdoor instruction
and activities; and
(III) physical barriers to mitigate the spread of COVID-19;
and
(B) improvements to mitigate natural disasters or
emergencies, including seismic natural disasters, forest
fires, hurricanes, flooding, tornados, tsunamis, mud slides,
and pandemics.
(3) Carrying out major repairs of public school facilities.
(4) Purchasing or installing furniture or fixtures with at
least a 10-year life in public school facilities.
(5) Constructing new public school facilities to replace
school facilities or respond to increases in student
enrollment.
(6) Acquiring and preparing sites on which new public
school facilities will be constructed.
(7) Ensuring current or anticipated student enrollment does
not exceed the physical and instructional capacity of public
school facilities.
(8) Ensuring the building envelopes and interiors of public
school facilities protect occupants and interiors from
natural elements and are structurally sounds and secure.
(9) Improving energy and water efficiency to lower the
costs of energy and water consumption in public school
facilities.
(10) Improving indoor air quality and ventilation in public
school facilities, including mechanical and non-mechanical
heating, ventilation, and air conditioning systems, filtering
and other air cleaning, fans, control systems, and window and
door repair and replacement.
(11) Reducing or eliminating the presence of--
(A) toxic substances, including mercury, radon, PCBs, lead,
and asbestos;
(B) mold and mildew; or
(C) rodents and pests.
(12) Ensuring the safety of drinking water at the tap and
water used for meal preparation in public school facilities,
which may include testing of the potability of water at the
tap for the presence of lead and other contaminants.
(13) Bringing public school facilities into compliance with
applicable fire, health, and safety codes.
(14) Making public school facilities accessible to people
with disabilities, including by ensuring compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(15) Providing instructional program space improvements
(including through the construction of outdoor instructional
space) for programs relating to early learning (including
early learning programs operated by partners of the agency),
special education, science, technology, career and technical
education, physical education, the arts, and literacy
(including library programs).
(16) Increasing the use of public school facilities for the
purpose of community-based partnerships that provide students
with academic, behavioral health, mental health, substance
use disorder, and social services.
(17) Ensuring the health and safety of students and staff
during the construction or modernization of public school
facilities.
(18) Investing in specialized academic facilities,
including investments designed to encourage inter-district
school attendance patterns, in order to increase student
diversity and decrease racial or socioeconomic isolation.
(19) Reducing or eliminating excessive classroom noise due
to activities allowable under this section.
(b) Allowance for Digital Learning.--A qualified local
educational agency may use covered funds received under
section 5303(d)(1) to leverage existing public programs or
public-private partnerships to expand access to high-speed
broadband sufficient for digital learning.
SEC. 5305. RULE OF CONSTRUCTION.
(a) Restriction.--A qualified local educational agency that
receives covered funds shall not use such funds for--
(1) payment of routine and predictable maintenance costs
and minor repairs;
(2) any facility that is primarily used for athletic
contests or exhibitions or other events for which admission
is charged to the general public;
(3) vehicles; or
(4) district central offices, operation centers, or other
facilities that are not primarily used to educate students.
(b) For-profit Charter Schools.--No covered funds may be
used for the facilities of a public charter school that is
operated by a for-profit entity.
(c) Conflicts of Interest and Charter Schools.--No covered
funds may be used for the facilities of a public charter
school if--
(1) the school leases the facilities from an individual or
private sector entity; and
(2) such individual, or an individual with a direct or
indirect financial interest in such entity, has a management
or governance role in such school.
SEC. 5306. GREEN PRACTICES.
(a) In General.--In a given fiscal year, a qualified local
educational agency that uses covered funds for a new
construction project shall use not less than the applicable
percentage (as described in subsection (b)) of the funds used
for such project for construction or renovation that is
certified, verified, or consistent with the applicable
provisions of--
(1) the United States Green Building Council Leadership in
Energy and Environmental Design green building rating
standard (commonly known as the ``LEED Green Building Rating
System'');
(2) the Living Building Challenge developed by the
International Living Future Institute;
(3) a green building rating program developed by the
Collaborative for High-Performance Schools (commonly known as
``CHPS'') that is CHPS-verified; or
(4) a program that--
(A) has standards that are equivalent to or more stringent
than the standards of a program described in paragraphs (1)
through (3);
(B) is adopted by the State or another jurisdiction with
authority over the agency; and
(C) includes a verifiable method to demonstrate compliance
with such program.
(b) Applicable Percentage.--The applicable percentage
described in this subsection is--
(1) for fiscal year 2021, 60 percent;
(2) for fiscal year 2022, 70 percent; and
(3) for fiscal year 2023; 80 percent.
SEC. 5307. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
PRODUCTS.
(a) In General.--A qualified local educational agency that
receives covered funds shall ensure that any iron, steel, and
manufactured products used in projects carried out with such
funds are produced in the United States.
(b) Waiver Authority.--
(1) In general.--The Secretary may waive the requirement of
subsection (a) if the Secretary determines that--
(A) iron, steel, and manufactured products produced in the
United States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality; or
(B) using iron, steel, and manufactured products produced
in the United States will increase the cost of the overall
project by more than 25 percent.
(2) Publication.--Before issuing a waiver under paragraph
(1), the Secretary shall publish in the Federal Register a
detailed written explanation of the waiver determination.
(c) Consistency With International Agreements.--This
section shall be applied in a manner consistent with the
obligations of the United States under international
agreements.
(d) Definitions.--In this section:
(1) Produced in the united states.--The term ``produced in
the United States'' means the following:
(A) When used with respect to a manufactured product, the
product was manufactured in the United States and the cost of
the components of such product that were mined, produced, or
manufactured in the United States exceeds 60 percent of the
total cost of all components of the product.
(B) When used with respect to iron or steel products, or an
individual component of a manufactured product, all
manufacturing processes for such iron or steel products or
components, from the initial melting stage through the
application of coatings, occurred in the United States,
except that the term does not include--
(i) steel or iron material or products manufactured abroad
from semi-finished steel or iron from the United States; and
(ii) steel or iron material or products manufactured in the
United States from semi-finished steel or iron of foreign
origin.
(2) Manufactured product.--The term ``manufactured
product'' means any construction material or end product (as
such terms are defined in part 25.003 of the Federal
Acquisition Regulations) that is not an iron or steel
product, including--
(A) electrical components; and
(B) non-ferrous building materials, including, aluminum and
polyvinylchloride (PVC), glass, fiber optics, plastic, wood,
masonry, rubber, manufactured stone, any other non-ferrous
metals, and any unmanufactured construction material.
SEC. 5308. ANNUAL REPORT ON GRANT PROGRAM.
(a) In General.--Not later than one year after the date of
the enactment of this chapter, and annually thereafter until
funds under this chapter have been expended, the Secretary
shall submit to the Committee on Health, Education, Labor and
Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives a report on the
projects carried out with covered funds.
(b) Elements.--The report under subsection (a) shall
include, with respect to the fiscal year preceding the year
in which the report is submitted, the following:
(1) An identification of each qualified local educational
agency that received a subgrant under this chapter, including
the grant amount received for each such agency.
(2) With respect to each such agency, a description of--
(A) the demographic composition of the student population
served by the agency, disaggregated by--
(i) race;
(ii) the number and percentage of students counted under
section 1124(c) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6333(c)); and
(iii) the number and percentage of students who are
eligible for a free or reduced price lunch under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.);
(B) the population density of the geographic area served by
the agency;
[[Page S7777]]
(C) the projects for which the agency used the subgrant
received under this chapter, including--
(i) the type of each such project;
(ii) the public school facility deficiencies that each such
project eliminated or reduced;
(iii) the State, local, and private share of funding for
the projects over and above the Federal share, if any; and
(iv) the individual demographic composition of the student
population enrolled in schools impacted by each such project,
disaggregated by--
(I) race; and
(II) the number and percentage of students who are eligible
for a free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(D) the factors used by the State school facilities agency
to determine that such agency lacked capacity to finance
school facilities capital outlay projects without Federal
assistance; and
(E) the estimated number of jobs created by projects
supported by covered funds in each qualified local
educational agency.
(3) The total dollar amount of all subgrants received by
local educational agencies under this chapter.
(4) An assessment of the student diversity and the racial
and socioeconomic school isolation of schools served by
projects carried out by the qualified local educational
agency with covered funds, including any progress made by
local educational agencies to improve racial and
socioeconomic diversity in such schools.
(c) Outlying Areas Report.--Not later than one year after
the date of the enactment of this chapter, and annually
thereafter until grant funds have been expended, the
Secretary of the Interior shall submit to the Committee on
Health, Education, Labor and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report on the projects carried out with
funds described in section 5303(b)(1)(A) in outlying areas.
(d) Bureau of Indian Education Report.--Not later than one
year after the date of the enactment of this chapter, and
annually thereafter until grant funds have been expended, the
Secretary of the Interior shall submit to the Committee on
Health, Education, Labor and Pensions of the Senate, the
Committee on Indian Affairs of the Senate, the Committee on
Education and Labor of the House of Representatives, and the
Committee on Natural Resources of the House of
Representatives a report on the projects carried out with
funds described in section 5303(b)(1)(B) for Bureau-funded
schools.
(e) Lea Information Collection.--
(1) In general.--Not later than one year after the date of
the enactment of this chapter, and annually thereafter until
grant funds have been expended, each qualified local
educational agency that receives covered funds shall
annually--
(A) compile the information described in subsection (b)(2);
and
(B) prepare a description of each project supported by
covered funds in accordance with subsection (b)(2)(C),
including the amount of covered funding spent on each project
for planning, design, construction, management, and
financing, as applicable.
(2) Report and posting of information.--Each qualified
local educational agency shall submit the information
described in paragraph (1) to the State school facilities
agency and shall make the information available to the
public, including by posting the information on a publicly
accessible agency website.
(f) State Information Distribution.--A State school
facilities agency that receives information from a local
educational agency under subsection (e) shall--
(1) compile the information and report it annually to the
Secretary at such time and in such manner as the Secretary
may require;
(2) submit to the Secretary a description of the activities
supported under the State reservation of funds, in accordance
with section 5303(c)(2);
(3) make the information described in paragraphs (1) and
(2) available to the public, including by posting the
information on a publicly accessible State website; and
(4) regularly distribute such information to local
educational agencies and Indian Tribes in the State.
SEC. 5309. APPROPRIATIONS.
There are appropriated to the Secretary of Education, out
of amounts in the Treasury not otherwise appropriated,
$11,626,810,000 for fiscal year 2021, $11,626,810,000 for
fiscal year 2022, and $11,626,810,000 for fiscal year 2023,
to carry out this chapter, to remain available until
expended.
SEC. 5310. APPROPRIATIONS FOR IMPACT AID CONSTRUCTION.
There are appropriated to the Secretary of Education, out
of amounts in the Treasury not otherwise appropriated,
$18,756,765 for fiscal year 2021, $50,406,000 for fiscal year
2022, and $50,406,000 for fiscal year 2023 for Impact Aid
construction payments, in accordance with section 7007 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707). All terms and conditions that apply to grants under
such section 7007 shall apply to grants made with funds made
available under this section.
CHAPTER 2--LIBRARY INFRASTRUCTURE
SEC. 5321. DEFINITIONS.
In this chapter:
(1) Director.--The term ``Director'' has the meaning given
the term in section 202 of the Museum and Library Services
Act (20 U.S.C. 9101).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).
(3) Library.--The term ``library'' has the meaning given
the term in section 213 of the Library Services and
Technology Act (20 U.S.C. 9122).
(4) State.--The term ``State'' has the meaning given the
term in section 213 of the Library Services and Technology
Act (20 U.S.C. 9122).
(5) State library administrative agency.--The term ``State
library administrative agency'' has the meaning given the
term in section 213 of the Library Services and Technology
Act (20 U.S.C. 9122).
SEC. 5322. BUILD AMERICA'S LIBRARIES FUND.
(a) Establishment.--From the amount appropriated under
section 5326, there is established a Build America's
Libraries Fund for the purpose of supporting long-term
improvements to library facilities in accordance with this
chapter.
(b) Reservations.--From the amount available in the Build
America's Libraries Fund, the Director shall reserve 3
percent to award grants to Indian Tribes and to organizations
that primarily serve and represent Native Hawaiians, in the
same manner as the Director makes grants under section 261 of
the Library Services and Technology Act (20 U.S.C. 9161) to
enable such Indian Tribes and organizations to carry out the
activities described in paragraphs (1) through (9) of section
5323(d).
SEC. 5323. ALLOCATION TO STATES.
(a) Allocation to States.--
(1) State-by-state allocation.--
(A) In general.--From the amount available in the Build
America's Libraries Fund and not reserved under section
5322(b), each State that has a plan approved by the Director
under subsection (b) shall be allocated an amount in the same
manner as the Director makes allotments to States under
section 221(b) of the Library Services and Technology Act (20
U.S.C. 9131(b)), except that, for purposes of this section,
the minimum allotment for each State shall be $10,000,000,
except that the minimum allotment shall be $500,000 in the
case of the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
(B) Reallocation of remaining funds.--
(i) In general.--From the remainder of any amounts not
reserved or allocated under subparagraph (A) on the date that
is 1 year after the date of enactment of this Act, the
Director shall allocate to each State, that has a plan
approved by the Director under subsection (b), an amount that
bears the same relation to such remainder as the population
of the State bears to the population of all States.
(ii) Data.--For the purposes of clause (i), the population
of each State and of all the States shall be determined by
the Director on the basis of the most recent data available
from the Bureau of the Census.
(2) State reservations.--A State shall reserve not more
than 4 percent of its allocation under paragraph (1) for
administrative costs and to provide technical assistance to
libraries in the State.
(b) State Plan.--
(1) In general.--To be eligible to receive an allocation
under this section, a State library administrative agency
shall submit to the Director a plan that includes such
information as the Director may require, including at a
minimum--
(A) a description of how the State will use the allocation
to make long-term improvements to library facilities with a
focus on underserved and marginalized communities;
(B) a description regarding how the State will carry out
its responsibility to provide technical assistance under
subsection (a)(2);
(C) a description regarding how the State will make the
determinations of eligibility and priority under subsections
(b) and (d) of section 5324; and
(D) a certification that the State has met the maintenance
of effort requirements under section 223(c) of the Library
Services and Technology Act (20 U.S.C. 9133(c)) and an
assurance that the State shall meet the supplement not
supplant requirement under subsection (c).
(2) Approval.--
(A) In general.--The Director shall approve a State plan
submitted under paragraph (1) that meets the requirements of
paragraph (1) and provides satisfactory assurances that the
provisions of such plan will be carried out.
(B) Public availability.--Each State library administrative
agency receiving an allocation under this section shall make
the State plan available to the public, including through
electronic means.
(C) Administration.--If the Director determines that the
State plan does not meet the requirements of this section,
the Director shall--
(i) immediately notify the State library administrative
agency of such determination and the reasons for such
determination;
(ii) offer the State library administrative agency the
opportunity to revise its State plan;
(iii) provide technical assistance in order to assist the
State library administrative agency in meeting the
requirements of this section; and
[[Page S7778]]
(iv) provide the State library administrative agency the
opportunity for a hearing.
(c) Supplement Not Supplant.--As a condition of receiving
an allocation under this section, a State shall agree to use
an allocation under this section only to supplement the level
of Federal, State, and local public funds that would, in
absence of such allocation, be made available for the
activities supported by the allocation, and not to supplant
such funds.
(d) Uses of Funds.--Each State receiving an allocation
under this section shall use the funds for any 1 or more of
the following:
(1) Constructing, renovating, modernizing, or retrofitting
library facilities in the State, which may include--
(A) financing new library facilities;
(B) making capital improvements to existing library
facilities, including buildings, facilities grounds, and
bookmobiles;
(C) enhancing library facilities to improve the overall
safety and health of library patrons and staff, including
improvements directly related to reducing the risk of
community spread of COVID-19; and
(D) addressing the vulnerability of library facilities to
natural disasters.
(2) Investing in infrastructure projects related to
improving internet access and connectivity in library
facilities and for library patrons, including projects
related to high-speed broadband, technology hardware, and
mobile hotspots and similar equipment.
(3) Improving energy and water efficiency to lower the
costs of energy and water consumption in library facilities.
(4) Improving indoor air quality and ventilation in library
facilities, including mechanical and non-mechanical heating,
ventilation, and air conditioning systems, filtering and
other air cleaning, fans, control systems, and window and
door repair and replacement.
(5) Reducing or eliminating the presence in library
facilities of potential hazards to library staff and patrons,
including--
(A) toxic substances, including mercury, radon, PCBs, lead,
and asbestos; or
(B) mold and mildew.
(6) Ensuring the safety of drinking water at the tap in
library facilities, which may include testing of the
potability of water at the tap for the presence of lead and
other contaminants.
(7) Making library facilities accessible to people with
disabilities, including by ensuring compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(8) Improving library facilities for the purposes of
supporting place-based services or community-based
partnerships that provide library patrons with access to
educational, workforce, behavioral health, mental health, and
social services.
(9) Assessing the condition of existing library facilities
and the need for new or improved library facilities and
developing facilities master plans.
SEC. 5324. NEED-BASED GRANTS TO LIBRARIES.
(a) Grants to Libraries.--From the amounts allocated to a
State under section 5323(a), the State library administrative
agency shall award grants to libraries, on a competitive
basis, to carry out the activities described in paragraphs
(1) through (9) of section 5323(d).
(b) Eligibility.--To be eligible to receive a grant under
this section, a library shall be--
(1) a public library;
(2) a tribal library; or
(3) a State library or a State archive, with respect to
outlets and facilities that provide library service directly
to the general public.
(c) Application.--A library described in subsection (b)
that desires to receive a grant under this section shall
submit an application to the State library administrative
agency at such time, in such manner, and containing such
information as the State library administrative agency may
require, including--
(1) the information necessary for the State to make a
determination of the library's eligibility for the grant and
priority under subsection (d); and
(2) a description of the projects that the library plans to
carry out with the grant, in accordance with paragraphs (1)
through (9) of section 5323(d), including--
(A) the rationale the library used to select such project;
and
(B) a description of how the library took into
consideration the impacts of such projects on underserved or
marginalized communities, including families with incomes
below the poverty line (as defined under section 673(2) of
the Community Services Block Grant Act (42 U.S.C. 9902(2)).
(d) Priority of Grants.--In awarding grants under this
section, the State--
(1) shall give first priority to eligible libraries that
demonstrate the greatest need for such a grant in order to
plan for, and make long-term improvements to, library
facilities that predominantly provide service to underserved
or marginalized communities, including families with incomes
below the poverty line (as defined under section 673(2) of
the Community Services Block Grant Act (42 U.S.C. 9902(2));
and
(2) may additionally give priority to eligible libraries
that will use the grant to--
(A) make health, safety, resiliency, or emergency
preparedness improvements to existing library facilities that
pose a severe health or safety threat to library patrons or
staff, which may include a threat posed by the proximity of
the facilities to toxic sites or the vulnerability of the
facilities to natural disasters;
(B) install or upgrade hardware that will improve access to
high-speed broadband for library patrons of the library
facilities;
(C) improve access to existing library facilities for
library patrons or staff with disabilities; or
(D) improve the energy efficiency of or reduce the carbon
emissions or negative environmental impacts resulting from
the existing library facilities.
(e) Supplement Not Supplant.--A library shall use a grant
received under this section only to supplement the level of
Federal, State, and local public funds that would, in the
absence of such grant, be made available for the activities
supported by the grant, and not to supplant such funds.
SEC. 5325. ADMINISTRATION AND OVERSIGHT.
(a) No Prohibition Against Construction.--Section 210A of
the Museum and Library Services Act (20 U.S.C. 9109) shall
not apply to this chapter.
(b) No Matching Requirement or Nonfederal Share.--
Notwithstanding any other provision of law, a State, Indian
Tribe, organization, library, or other entity that receives
funds under this chapter shall not be required to provide
matching funds or a non-Federal share toward the cost of the
activities carried out with the funds.
(c) Supplement Not Supplant.--A State shall use an
allocation received under section 5323 only to supplement the
level of Federal, State, and local public funds that would,
in absence of such allocation, be made available for the
activities supported by the allocation, and not to supplant
such funds.
(d) Administrative Costs.--From the amount appropriated
under section 5326, the Director may allocate not more than 3
percent of such amount for program administration, oversight
activities, research, analysis, and data collection related
to the purposes of the Build America's Libraries Fund.
(e) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter until all funds
provided under this chapter have been expended, the Director
shall issue reports to the Committee on Appropriations and
the Committee on Education and Labor of the House of
Representatives and the Committee on Appropriations and the
Committee on Health, Education, Labor and Pensions of the
Senate detailing how funding under this chapter has been
spent and its impact on improving library services in
communities that are served, including underserved and
marginalized populations, Indian Tribes, and Native Hawaiian
communities, and shall make such reports publicly available
on the website of the Institute of Museum and Library
Services.
(2) State report.--A State that receives funds under this
chapter shall, not later than 1 year after the date of
enactment of this Act, and annually thereafter until all
funds have been expended, submit a report to the Director at
such time and in such manner as the Director may require.
SEC. 5326. APPROPRIATION OF FUNDS.
There is authorized to be appropriated, and there is
appropriated, to carry out this chapter, $5,000,000,000, for
the period of fiscal years 2021 through 2023, to remain
available until expended.
CHAPTER 3--HBCU, TCU, AND OTHER MINORITY-SERVING INSTITUTION
INFRASTRUCTURE
SEC. 5331. CANCELLATION OF DEBT UNDER HBCU CAPITAL FINANCING
PROGRAM.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Education shall cancel the
obligation of each eligible institution (as defined in
section 342 of the Higher Education Act of 1965 (20 U.S.C.
1066a)) to repay the balance of interest and principal due on
each loan made under part D of title III of the Higher
Education Act of 1965 (20 U.S.C. 1066 et seq.) before the
date of the enactment of this Act.
SEC. 5332. ADDITIONAL APPROPRIATIONS FOR THE HBCU HISTORIC
PRESERVATION PROGRAM.
(a) In General.--
(1) Amounts appropriated.--There is appropriated to the
Secretary of the Interior, out of amounts in the Treasury not
otherwise appropriated, $250,000,000 for the period of fiscal
years 2021 through 2023, to provide additional allocations
under section 507(d)(2) of the Omnibus Parks and Public Lands
Management Act of 1996 (54 U.S.C. 302101 note) for the
purpose of preserving and restoring over 700 historic
buildings and structures on the campuses of Historically
Black Colleges and Universities on the National Register of
Historic Places.
(2) Allocation of funds.--The Secretary shall allocate
amounts provided under paragraph (1) to institutions in the
same proportion as amounts are allocated under section 507(d)
of the Omnibus Parks and Public Lands Management Act of 1996
(54 U.S.C. 302101 note).
(b) Applicability of Terms and Conditions.--The terms and
conditions that apply to grants under section 507 of the
Omnibus Parks and Public Lands Management Act of 1996 (54
U.S.C. 302101 note) shall apply to grants made under this
section.
(c) General Provisions.--Any amount appropriated under this
section is in addition to other amounts appropriated or made
available for the applicable purpose.
[[Page S7779]]
SEC. 5333. FUNDING FOR CONSTRUCTION OF NEW FACILITIES AT
TCUS.
(a) In General.--Section 113 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1813) is amended to read as follows:
``SEC. 113. CONSTRUCTION OF NEW FACILITIES.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction' includes any
effort to address the facility construction, maintenance,
renovation, reconstruction, and replacement needs of a Tribal
College or University.
``(2) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
``(b) Grants.--
``(1) In general.--With respect to any eligible Tribal
College or University that identifies a need for
construction, the Secretary shall, subject to the
availability of appropriations, provide grants for that
construction in accordance with this section.
``(2) Navajo tribe.--Notwithstanding section 114(a), the
Navajo Tribe may receive grants under this section.
``(c) Application.--Each Tribal College or University
desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Eligible Activities.--Activities eligible for a grant
under this section shall be activities that address a wide
variety of facilities and infrastructure needs, including--
``(1) building of new facilities, including--
``(A) classrooms;
``(B) administrative offices;
``(C) libraries;
``(D) health and cultural centers;
``(E) day care centers;
``(F) technology centers;
``(G) housing for students, faculty, and staff; and
``(H) other education-related facilities;
``(2) renovating or expanding existing or acquired
facilities;
``(3) providing new and existing facilities with equipment,
including--
``(A) laboratory equipment;
``(B) computer infrastructure and equipment;
``(C) broadband infrastructure and equipment;
``(D) library books; and
``(E) furniture; and
``(4) property acquisition.
``(e) No Matching Requirement.--A recipient of a grant
under this section shall not be required to make a matching
contribution for Federal amounts received.''.
(b) Miscellaneous Provisions.--Section 114 of the Tribally
Controlled Colleges and Universities Assistance Act of 1978
(25 U.S.C. 1814) is amended by striking subsection (a) and
inserting the following:
``(a) Navajo Tribe.--Except as provided in section
113(b)(2), the Navajo Tribe shall not be eligible to
participate under the provisions of this title.''.
(c) Appropriations.--There is appropriated, out of amounts
in the Treasury not otherwise appropriated, $1,500,000,000 to
the Secretary of the Interior for the period of fiscal years
2021 through 2023 to provide grants under section 113 of the
Tribally Controlled Colleges and Universities Assistance Act
of 1978 (25 U.S.C. 1813).
SEC. 5334. ADDITIONAL APPROPRIATIONS FOR HBCUS, TCUS, AND
MINORITY-SERVING INSTITUTIONS.
(a) In General.--
(1) Amounts appropriated.--There is appropriated to the
Secretary of Education, out of amounts in the Treasury not
otherwise appropriated, $7,000,000,000 for the period of
fiscal years 2021 through 2023, to provide additional
allocations under section 371 of the Higher Education Act of
1965 (20 U.S.C. 1067q) for the purpose of addressing the
facility, equipment, educational materials, and funds and
administrative management needs of Historically Black
Colleges and Universities, Tribal Colleges and Universities,
and minority-serving institutions as described in paragraph
(3).
(2) Allocation of funds.--The Secretary of Education shall
allocate amounts provided under paragraph (1) to Historically
Black Colleges and Universities (within the meaning of the
term ``part B institution'' under section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)), Hispanic-serving
institutions, Tribal Colleges and Universities, Alaska
Native-serving institutions and Native Hawaiian-serving
institutions, Predominantly Black institutions, Asian
American and Native American Pacific Islander-serving
institutions, and Native American-serving nontribal
institutions in the same proportion as amounts are allocated
under section 371(b)(2) of the Higher Education Act of 1965
(20 U.S.C. 1067q(b)(2)).
(3) Uses of funds.--Notwithstanding any other provision of
law, amounts allocated under this section shall be made
available as grants to be used only for any of the following
uses:
(A) Purchase, rental, or lease of scientific or laboratory
equipment for educational purposes, including instructional
and research purposes.
(B) Construction, maintenance, renovation, and improvement
in classroom, library, laboratory, and other instructional
facilities, including purchase or rental of
telecommunications technology equipment or services.
(C) Purchase of library books, periodicals, microfilm, and
other educational materials, including telecommunications
program materials.
(D) Funds and administrative management, and acquisition of
equipment for use in strengthening funds management.
(E) Joint use of facilities, such as laboratories and
libraries.
(F) Acquisition of real property in connection with the
construction, renovation, or addition to or improvement of
campus facilities.
(G) Creating or improving facilities for Internet or other
distance education technologies, including purchase or rental
of telecommunications technology equipment or services.
(H) Other activities approved by the Secretary to address
infrastructure needs.
(b) Applicability of Terms and Conditions.--Except as
specified in subsection (a)(3), the terms and conditions that
apply to grants under section 371 of the Higher Education Act
of 1965 (20 U.S.C. 1067q) shall apply to grants made under
this section.
(c) General Provisions.--Any amount appropriated under this
section is in addition to other amounts appropriated or made
available for the applicable purpose.
SEC. 5335. STUDY AND REPORT ON THE PHYSICAL CONDITION OF
HBCUS AND TCUS.
(a) Study and Report.--Not less frequently than once in
each 5-year period beginning after the date of enactment of
this Act, the Secretary of Education, acting through the
Director of the Institute of Education Sciences, and in
consultation with the Secretary of the Interior, shall--
(1) carry out a comprehensive study of the physical
conditions of all Historically Black Colleges and
Universities (within the meaning of the term ``part B
institution'' under section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061)) and Tribal Colleges and
Universities (as defined in section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c)) in the United
States; and
(2) submit a report that includes the results of the study
to the Committee on Appropriations, the Committee on Health,
Education, Labor, and Pensions, the Committee on Energy and
Natural Resources, the Committee on Agriculture, Nutrition,
and Forestry, and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Appropriations, the Committee on Education and Labor, the
Committee on Natural Resources, the Committee on Agriculture,
and the Committee on Energy and Commerce of the House of
Representatives.
(b) Elements.--Each study and report under subsection (a)
shall include an assessment of--
(1) the impact of institutional facility conditions on
student and staff health and safety;
(2) the impact of institutional facility conditions on
student academic outcomes;
(3) the condition of institutional facilities, set forth
separately by geographic region; and
(4) the accessibility of institutional facilities for
students and staff with disabilities.
Subtitle D--Environmental Justice
CHAPTER 1--DRINKING WATER AND CLEAN WATER PROGRAMS
SEC. 5401. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL
GRANTS.
Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended--
(1) in subsection (a)(1) --
(A) in subparagraph (A), by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) notification systems to inform the public of combined
sewer or sanitary overflows that result in sewage being
released into rivers and other waters; and''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``There is'' and inserting ``There are'';
(ii) by striking the period at the end and inserting ``;
and'';
(iii) by striking ``this section $225,000,000'' and
inserting the following: ``this section--
``(A) $225,000,000''; and
(iv) by adding at the end the following:
``(B) $400,000,000 for each of fiscal years 2021 through
2023.''; and
(B) in paragraph (2)--
(i) by striking ``To the extent'' and inserting the
following:
``(A) Green infrastructure.--To the extent''; and
(ii) by adding at the end the following:
``(B) Rural allocation.--
``(i) Definition of rural area.--In this subparagraph, the
term `rural area' means a city, town, or unincorporated area
that has a population of not more than 10,000 inhabitants.
``(ii) Allocation.--To the extent there are sufficient
eligible project applications, the Administrator shall ensure
that a State uses not less than 20 percent of the amount of
the grants made to the State under subsection (a) in a fiscal
year to carry out projects in rural areas for the purpose of
planning, design, and construction of--
``(I) treatment works to intercept, transport, control,
treat, or reuse municipal sewer overflows, sanitary sewer
overflows, or stormwater; or
``(II) any other measures to manage, reduce, treat, or
recapture stormwater or subsurface drainage water eligible
for assistance under section 603(c).''.
[[Page S7780]]
SEC. 5402. CLEAN WATER INFRASTRUCTURE RESILIENCY AND
SUSTAINABILITY PROGRAM.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is amended by adding at the end the
following:
``SEC. 222. CLEAN WATER INFRASTRUCTURE RESILIENCY AND
SUSTAINABILITY PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a municipality; or
``(B) an intermunicipal, interstate, or State agency.
``(2) Natural hazard.--The term `natural hazard' means a
hazard caused by natural forces, including extreme weather
events, sea-level rise, and extreme drought conditions.
``(3) Program.--The term `program' means the clean water
infrastructure resilience and sustainability program
established under subsection (b).
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a clean
water infrastructure resilience and sustainability program
under which the Administrator shall award grants to eligible
entities for the purpose of increasing the resilience of
publicly owned treatment works to a natural hazard.
``(c) Use of Funds.--An eligible entity that receives a
grant under the program shall use the grant funds for
planning, designing, or constructing projects (on a system-
wide or area-wide basis and including upgrades and retrofits)
that increase the resilience of a publicly owned treatment
works to a natural hazard through--
``(1) the conservation of water;
``(2) the enhancement of water use efficiency;
``(3) the enhancement of wastewater and stormwater
management by increasing watershed preservation and
protection, including through the use of--
``(A) natural and engineered green infrastructure; and
``(B) reclamation and reuse of wastewater and stormwater,
such as aquifer recharge zones;
``(4) the modification or relocation of an existing
publicly owned treatment works that is at risk of being
significantly impaired or damaged by a natural hazard;
``(5) the development and implementation of projects to
increase the resilience of publicly owned treatment works to
a natural hazard; or
``(6) the enhancement of energy efficiency or the use and
generation of recovered or renewable energy in the
management, treatment, or conveyance of wastewater or
stormwater.
``(d) Application.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
``(1) a proposal of the project to be planned, designed, or
constructed using funds under the program;
``(2) an identification of the natural hazard risk to be
addressed by the proposed project;
``(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk of the
area where the proposed project is to be located;
``(4) a description of any recent natural hazard events
that have affected the publicly owned treatment works;
``(5) a description of how the proposed project would
improve the performance of the publicly owned treatment works
under an anticipated natural hazard; and
``(6) an explanation of how the proposed project is
expected to enhance the resilience of the publicly owned
treatment works to an anticipated natural hazard.
``(e) Grant Amount and Other Federal Requirements.--
``(1) Cost share.--Except as provided in paragraph (2), a
grant under the program shall not exceed 75 percent of the
total cost of the proposed project.
``(2) Exception.--
``(A) In general.--Except as provided in subparagraph (B),
a grant under the program shall not exceed 90 percent of the
total cost of the proposed project if the project serves a
community that--
``(i) is disproportionately affected by toxic pollution;
and
``(ii)(I) has a population of fewer than 10,000
individuals; or
``(II) meets the affordability criteria established by the
State in which the community is located under section
603(i)(2).
``(B) Waiver.--At the discretion of the Administrator, a
grant for a project described in subparagraph (A) may cover
100 percent of the total cost of the proposed project.
``(3) Requirements.--The requirements of section 608 shall
apply to a project funded with a grant under the program.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $333,000,000 for each of fiscal years 2021 and 2022;
and
``(B) $334,000,000 for fiscal year 2023.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 5403. GRANTS FOR CONSTRUCTION, REFURBISHING, AND
SERVICING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED
WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR
MODERATE INCOME.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 5402) is amended
by adding at the end the following:
``SEC. 223. GRANTS FOR CONSTRUCTION, REFURBISHING, AND
SERVICING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED
WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR
MODERATE INCOME.
``(a) Definition of Eligible Individual.--In this section,
the term `eligible individual' means a member of a low-income
or moderate-income household, the members of which have a
combined income (for the most recent 12-month period for
which information is available) equal to not more than 50
percent of the median nonmetropolitan household income for
the State or territory in which the household is located,
according to the most recent decennial census.
``(b) Grant Program.--
``(1) In general.--Subject to the availability of
appropriations, the Administrator shall establish a program
under which the Administrator shall provide grants to private
nonprofit organizations for the purpose of improving general
welfare by providing assistance to eligible individuals--
``(A) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment
system;
``(B) if the eligible individual resides in a household
that could be cost-effectively connected to an available
publicly owned treatment works, for the connection of the
household of the eligible individual to the publicly owned
treatment works; or
``(C) for the installation of a larger decentralized
wastewater system designed to provide treatment for 2 or more
households in which eligible individuals reside, if--
``(i) site conditions at the households are unsuitable for
the installation of an individually owned decentralized
wastewater system;
``(ii) multiple examples of unsuitable site conditions
exist in close geographic proximity to each other; and
``(iii) a larger decentralized wastewater system could be
cost-effectively installed.
``(2) Application.--To be eligible to receive a grant under
this subsection, a private nonprofit organization shall
submit to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator determines to be appropriate.
``(3) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applicants that have
substantial expertise and experience in promoting the safe
and effective use of individual household decentralized
wastewater systems.
``(4) Administrative expenses.--A private nonprofit
organization may use amounts provided under this subsection
to pay the administrative expenses associated with the
provision of the services described in paragraph (1), as the
Administrator determines to be appropriate.
``(c) Assistance.--
``(1) In general.--Subject to paragraph (2), a private
nonprofit organization shall use a grant provided under
subsection (b) for the services described in paragraph (1) of
that subsection.
``(2) Application.--To be eligible to receive the services
described in subsection (b)(1), an eligible individual shall
submit to the private nonprofit organization serving the area
in which the individual household decentralized wastewater
system of the eligible individuals is, or is proposed to be,
located an application at such time, in such manner, and
containing such information as the private nonprofit
organization determines to be appropriate.
``(3) Priority.--In awarding assistance under this
subsection, a private nonprofit organization shall give
priority to any eligible individual who does not have access
to a sanitary sewage disposal system.
``(d) Report.--Not later than 2 years after the date of
enactment of this section, the Administrator shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the recipients
of grants under the program under this section and the
results of the program under this section.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator to carry out this section $50,000,000
for each of fiscal years 2021 through 2023.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 5404. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 5403) is amended
by adding at the end the following:
``SEC. 224. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) an owner or operator of a publicly owned treatment
works that assists or is seeking to assist low-income or
moderate-income individuals with connecting the household of
the individual to the publicly owned treatment works; or
``(B) a nonprofit entity that assists low-income or
moderate-income individuals with
[[Page S7781]]
the costs associated with connecting the household of the
individual to a publicly owned treatment works.
``(2) Program.--The term `program' means the competitive
grant program established under subsection (b).
``(3) Qualified individual.--The term `qualified
individual' has the meaning given the term `eligible
individual' in section 603(j).
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a
competitive grant program with the purpose of improving
general welfare, under which the Administrator awards grants
to eligible entities to provide funds to assist qualified
individuals in covering the costs incurred by the qualified
individual in connecting the household of the qualified
individual to a publicly owned treatment works.
``(c) Application.--
``(1) In general.--An eligible entity seeking a grant under
the program shall submit to the Administrator an application
at such time, in such manner, and containing such information
as the Administrator may by regulation require.
``(2) Requirement.--Not later than 90 days after the date
on which the Administrator receives an application from an
eligible entity under paragraph (1), the Administrator shall
notify the eligible entity of whether the Administrator will
award a grant to the eligible entity under the program.
``(d) Selection Criteria.--In selecting recipients of
grants under the program, the Administrator shall use the
following criteria:
``(1) Whether the eligible entity seeking a grant provides
services to, or works directly with, qualified individuals.
``(2) Whether the eligible entity seeking a grant--
``(A) has an existing program to assist in covering the
costs incurred in connecting a household to a publicly owned
treatment works; or
``(B) seeks to create a program described in subparagraph
(A).
``(e) Requirements.--
``(1) Voluntary connection.--Before providing funds to a
qualified individual for the costs described in subsection
(b), an eligible entity shall ensure that--
``(A) the qualified individual has connected to the
publicly owned treatment works voluntarily; and
``(B) if the eligible entity is not the owner or operator
of the publicly owned treatment works to which the qualified
individual has connected, the publicly owned treatment works
to which the qualified individual has connected has agreed to
the connection.
``(2) Reimbursements from publicly owned treatment works.--
An eligible entity that is an owner or operator of a publicly
owned treatment works may reimburse a qualified individual
that has already incurred the costs described in subsection
(b) by--
``(A) reducing the amount otherwise owed by the qualified
individual to the owner or operator for wastewater or other
services provided by the owner or operator; or
``(B) providing a direct payment to the qualified
individual.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out the program $40,000,000 for each of fiscal years
2021 through 2023.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 5405. WATER POLLUTION CONTROL REVOLVING LOAN FUND
CAPITALIZATION GRANTS.
Section 602(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13)(B)--
(A) in the matter preceding clause (i), by striking ``and
energy conservation'' and inserting ``and efficient energy
use (including through the implementation of technologies to
recapture and reuse energy produced in the treatment of
wastewater)''; and
(B) in clause (iii), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting ``; and'' ; and
(3) by adding at the end the following:
``(15) to the extent there are sufficient projects or
activities eligible for assistance from the fund, with
respect to funds for capitalization grants received by the
State under this title and section 205(m), the State will use
not less than 15 percent of such funds for projects to
address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities.''.
SEC. 5406. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603(i) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(i)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``, including forgiveness of principal and negative interest
loans'' and inserting ``(including in the form of forgiveness
of principal, negative interest loans, or grants)''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``in
assistance''; and
(ii) in clause (ii)(III), by striking ``to such
ratepayers'' and inserting ``to help such ratepayers maintain
access to wastewater and stormwater treatment services''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Subsidization amounts.--
``(A) In general.--A State may use, for providing
additional subsidization in a fiscal year under this
subsection, an amount that does not exceed--
``(i) during each of fiscal years 2021 through 2023, 40
percent of the total amount received by the State in
capitalization grants under this title for the fiscal year;
and
``(ii) during fiscal year 2024 and each fiscal year
thereafter, 30 percent of the total amount received by the
State in capitalization grants under this title for the
fiscal year.
``(B) Minimum.--To the extent there are sufficient
applications for additional subsidization under this
subsection that meet the criteria under paragraph (1)(A), a
State shall use, for providing additional subsidization in a
fiscal year under this subsection, an amount that is not less
than 10 percent of the total amount received by the State in
capitalization grants under this title for the fiscal
year.''.
SEC. 5407. AUTHORIZATION OF APPROPRIATIONS FOR WATER
POLLUTION CONTROL STATE REVOLVING FUNDS.
Title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) is amended by adding at the end the
following:
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
title $3,000,000,000 for each of fiscal years 2021 through
2023.''.
SEC. 5408. BROWNFIELDS FUNDING.
(a) Authorization of Appropriations.--Section 104(k)(13) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(k)(13)) is amended to
read as follows:
``(13) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $350,000,000 for fiscal year 2021;
``(B) $400,000,000 for fiscal year 2022; and
``(C) $450,000,000 for fiscal year 2023.''.
(b) State Response Programs.--Section 128(a)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended to
read as follows:
``(3) Funding.--There are authorized to be appropriated to
carry out this subsection--
``(A) $70,000,000 for fiscal year 2021;
``(B) $80,000,000 for fiscal year 2022; and
``(C) $90,000,000 for fiscal year 2023.''.
SEC. 5409. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES
AFFECTING PUBLIC WATER SYSTEMS.
Section 1442 of the Safe Drinking Water Act (42 U.S.C.
300j-1) is amended--
(1) in subsection (b), in the first sentence, by inserting
``, including a threat to public health resulting from
contaminants, such as, but not limited to, heightened
exposure to lead in drinking water'' after ``public health'';
(2) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (b) $35,000,000
for each of fiscal years 2021 through 2023.'';
(3) in subsection (e)(5), by striking ``2015 through 2020''
and inserting ``2021 through 2023'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) State-based Nonprofit Organizations.--The
Administrator may provide technical assistance consistent
with the authority provided under subsection (e) to State-
based nonprofit organizations that are governed by community
water systems.''.
SEC. 5410. GRANTS FOR STATE PROGRAMS.
Section 1443(a)(7) of the Safe Drinking Water Act (42
U.S.C. 300j-2(a)(7)) is amended by striking ``and 2021'' and
inserting ``through 2023''.
SEC. 5411. DRINKING WATER STATE REVOLVING LOAN FUNDS.
(a) Reauthorizations.--Section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12) is amended--
(1) in subsection (a)(4)(A), by striking ``During fiscal
years 2019 through 2023, funds'' and inserting ``Funds'';
(2) in subsection (m)(1)--
(A) in subparagraph (B), by striking ``and''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) $3,000,000,000 for each of fiscal years 2021 and
2022; and
``(D) $4,000,000,000 for fiscal year 2023.''; and
(3) in subsection (q), by striking ``2016 through 2021''
and inserting ``2021 through 2023''.
(b) Assistance for Disadvantaged Communities.--Section
1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d))
is amended--
(1) in paragraph (1), by inserting ``, grants, negative
interest loans, other loan forgiveness, and through buying,
refinancing, or restructuring debt'' after ``forgiveness of
principal''; and
(2) in paragraph (2)(B), by striking ``6 percent'' and
inserting ``20 percent''.
SEC. 5412. SOURCE WATER PETITION PROGRAM.
Section 1454(a) of the Safe Drinking Water Act (42 U.S.C.
300j-14(a)) is amended--
(1) in paragraph (1)(A), in the matter preceding clause
(i), by striking ``political subdivision of a State,'' and
inserting ``political
[[Page S7782]]
subdivision of a State (including a county that is designated
by the State to act on behalf of an unincorporated area
within that county, with the agreement of that unincorporated
area),'';
(2) in paragraph (4)(D)(i), by inserting ``(including a
county that is designated by the State to act on behalf of an
unincorporated area within that county)'' after ``of the
State''; and
(3) by adding at the end the following:
``(5) Savings provision.--Unless otherwise provided within
the agreement, an agreement between an unincorporated area
and a county for the county to submit a petition under
paragraph (1)(A) on behalf of the unincorporated area shall
not authorize the county to act on behalf of the
unincorporated area in any matter not within a program under
this section.''.
SEC. 5413. ASSISTANCE FOR SMALL AND DISADVANTAGED
COMMUNITIES.
(a) Existing Programs.--Section 1459A of the Safe Drinking
Water Act (42 U.S.C. 300j-19a) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) the purchase of point-of-entry or point-of-use
filters that are independently certified using science-based
test methods for the removal of contaminants of concern;
``(E) investments necessary for providing accurate and
current information about--
``(i) the need for filtration, filter safety, and proper
maintenance practices; and
``(ii) the options for replacing lead service lines (as
defined section 1459B(a)) and removing other sources of lead
in water; and
``(F) entering into contracts with nonprofit organizations
that have water system technical expertise to assist
underserved communities.
``(3) Contracting parties.--A contract described in
paragraph (2)(F) may be between a nonprofit organization
described in that paragraph and--
``(A) an eligible entity; or
``(B) the State of an eligible entity, on behalf of that
eligible entity.'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``An eligible entity'' and inserting
``Except for purposes of subsections (j) and (m), an eligible
entity'';
(3) in subsection (g)(1), by striking ``to pay not less
than 45 percent'' and inserting ``except as provided in
subsection (l)(5) and subject to subsection (h), to pay not
less than 10 percent'';
(4) by striking subsection (h) and inserting the following:
``(h) Waiver.--The Administrator may waive the requirement
under subsection (g)(1).'';
(5) by striking subsection (k) and inserting the following:
``(k) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsections (a) through (j)
$300,000,000 for each of fiscal years 2021 through 2023.'';
and
(6) in subsection (l)--
(A) in paragraph (2)--
(i) by striking ``The Administrator may'' and inserting
``The Administrator shall''; and
(ii) by striking ``fiscal years 2019 and 2020'' and
inserting ``fiscal years 2021 through 2023'';
(B) by striking paragraph (5) and inserting the following:
``(5) Federal share for underserved communities.--
``(A) In general.--Subject to subparagraph (B), with
respect to a program or project that serves an underserved
community and is carried out using a grant under this
subsection, the Federal share of the cost of the program or
project shall be 90 percent.
``(B) Waiver.--The Administrator may increase the Federal
share under subparagraph (A)(ii) to 100 percent.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $150,000,000 for each of fiscal years 2021 and 2022;
and
``(B) $200,000,000 for fiscal year 2023.''.
(b) Connection to Public Water Systems.--Section 1459A of
the Safe Drinking Water Act (42 U.S.C. 300j-19a) is amended
by adding at the end the following:
``(m) Connection to Public Water Systems.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) an owner or operator of a public water system that
assists or is seeking to assist eligible individuals with
connecting the household of the eligible individual to the
public water system; or
``(ii) a nonprofit entity that assists or is seeking to
assist eligible individuals with the costs associated with
connecting the household of the eligible individual to a
public water system.
``(B) Eligible individual.--The term `eligible individual'
has the meaning given the term in section 603(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(j)).
``(C) Program.--The term `program' means the competitive
grant program established under paragraph (2).
``(2) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a
competitive grant program for the purpose of improving the
general welfare under which the Administrator awards grants
to eligible entities to provide funds to assist eligible
individuals in covering the costs incurred by the eligible
individual in connecting the household of the eligible
individual to a public water system.
``(3) Application.--An eligible entity seeking a grant
under the program shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
``(4) Voluntary connection.--Before providing funds to an
eligible individual for the costs described in paragraph (2),
an eligible entity shall ensure that--
``(A) the eligible individual is voluntarily seeking
connection to the public water system;
``(B) if the eligible entity is not the owner or operator
of the public water system to which the eligible individual
seeks to connect, the public water system to which the
eligible individual seeks to connect has agreed to the
connection; and
``(C) the connection of the household of the eligible
individual to the public water system meets all applicable
local and State regulations, requirements, and codes.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $40,000,000 for
each of fiscal years 2021 through 2023.''.
(c) Competitive Grant Pilot Program.--Section 1459A of the
Safe Drinking Water Act (42 U.S.C. 300j-19a) (as amended by
subsection (b)) is amended by adding at the end the
following:
``(n) State Competitive Grants for Underserved
Communities.--
``(1) In general.--In addition to amounts authorized to be
appropriated under subsection (k), there is authorized to be
appropriated to carry out subsections (a) through (j)
$50,000,000 for each of fiscal years 2021 through 2023 in
accordance with paragraph (2).
``(2) Competitive grants.--
``(A) In general.--Notwithstanding any other provision of
this section, the Administrator shall distribute amounts made
available under paragraph (1) to States through a competitive
grant program.
``(B) Applications.--To seek a grant under the competitive
grant program under subparagraph (A), a State shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the Administrator
may require.
``(C) Prioritization.--In selecting recipients of grants
under the competitive grant program under subparagraph (A),
the Administrator shall give priority to States with a high
proportion of underserved communities that meet the condition
described in subsection (a)(2)(A).
``(3) Savings provision.--Nothing in this paragraph affects
the distribution of amounts made available under subsection
(k), including any methods used by the Administrator for
distribution of amounts made available under that subsection
as in effect on the day before the date of enactment of this
subsection.''.
SEC. 5414. REDUCING LEAD IN DRINKING WATER.
Section 1459B of the Safe Drinking Water Act (42 U.S.C.
300j-19b) is amended--
(1) in subsection (d)--
(A) by inserting ``(except for subsection (d))'' after
``this section''; and
(B) by striking ``$60,000,000 for each of fiscal years 2017
through 2021'' and inserting ``$4,500,000,000 for each of
fiscal years 2021 through 2023'';
(2) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Lead Mapping Utilization Grant Pilot Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means a
municipality that is served by a community water system or a
nontransient noncommunity water system in which not less than
30 percent of the service lines are known, or likely to
contain, lead service lines.
``(B) Pilot program.--The term `pilot program' means the
pilot program established under paragraph (2).
``(2) Establishment.--The Administrator shall establish a
pilot program under which the Administrator shall provide
grants to eligible entities to carry out lead reduction
projects that are demonstrated to exist based on existing
lead mapping of those eligible entities.
``(3) Selection.--
``(A) Application.--To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
``(B) Prioritization.--In selecting recipients under the
pilot program, the Administrator shall give priority to an
eligible entity that meets the affordability criteria
established by the applicable State.
``(4) Report.--Not later 2 years after the Administrator
first awards a grant under the pilot program, the
Administrator shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing--
``(A) the recipients of grants under the pilot program;
[[Page S7783]]
``(B) the existing lead mapping that was available to
recipients of grants under the pilot program; and
``(C) how useful and accurate the lead mapping described in
subparagraph (B) was in locating lead contaminants of the
eligible entity.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out the pilot program
$10,000,000, to remain available until expended.
``(e) Comprehensive Lead Reduction Projects.--
``(1) Grants.--The Administrator shall make grants
available under this subsection to eligible entities for
comprehensive lead reduction projects that, notwithstanding
any other provision in this section, fully replace all lead
service lines served by the eligible entity, irrespective of
the ownership of the service line.
``(2) Priority.--In making grants under paragraph (1), the
Administrator shall give priority to eligible entities
serving--
``(A) disadvantaged communities in accordance with
subsection (b)(3);
``(B) environmental justice communities with significant
representation of communities of color or low-income
communities; or
``(C) Tribal and indigenous communities that experience, or
are at risk of experiencing, higher or more adverse human
health or environmental effects.
``(3) No cost-sharing.--The Federal share of the cost of a
project carried out pursuant to this subsection shall be 100
percent, and no individual homeowner shall be required to
provide a contribution to the cost of replacement of any
portion of a service line replaced using a grant under this
subsection.''.
SEC. 5415. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER
SYSTEMS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is amended by adding at the end the following:
``SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC
WATER SYSTEMS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a unit of local government;
``(B) a public corporation established by a unit of local
government to provide water service;
``(C) a nonprofit corporation, public trust, or cooperative
association that owns or operates a public water system; and
``(D) an Indian Tribe that owns or operates a public water
system.
``(2) Operational sustainability.--The term `operational
sustainability' means the ability to improve the operation of
a small system through the identification and prevention of
potable water loss due to leaks, breaks, and other metering
or infrastructure failures.
``(3) Program.--The term `program' means the grant program
established under subsection (b).
``(4) Small system.--The term `small system' means a public
water system that--
``(A) serves fewer than 10,000 people; and
``(B) is owned or operated by--
``(i) a unit of local government;
``(ii) a public corporation;
``(iii) a nonprofit corporation;
``(iv) a public trust;
``(v) a cooperative association; or
``(vi) an Indian Tribe.
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a program
to award grants to eligible entities for the purpose of
improving the operational sustainability of 1 or more small
systems.
``(c) Applications.--To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
``(1) a proposal of the project to be carried out using
grant funds under the program;
``(2) documentation prepared by the eligible entity
describing the deficiencies or suspected deficiencies in
operational sustainability of 1 or more small systems that
are to be addressed through the proposed project;
``(3) a description of how the proposed project will
improve the operational sustainability of 1 or more small
systems;
``(4) a description of how the improvements described in
paragraph (3) will be maintained beyond the life of the
proposed project, including a plan to maintain and update any
asset data collected as a result of the proposed project;
``(5)(A) if the eligible entity is located in a State that
has established a State drinking water treatment revolving
loan fund under section 1452, a copy of a written agreement
between the eligible entity and the State in which the
eligible entity agrees to provide a copy of any data
collected under the proposed project to the State agency
administering the State drinking water treatment revolving
loan fund (or a designee); or
``(B) if the eligible entity is located in an area other
than a State that has established a State drinking water
treatment revolving loan fund under section 1452, a copy of a
written agreement between the eligible entity and the
Administrator in which the eligible entity agrees to provide
a copy of any data collected under the proposed project to
the Administrator (or a designee); and
``(6) any additional information the Administrator may
require.
``(d) Use of Funds.--An eligible entity that receives a
grant under the program shall use the grant funds to carry
out projects that improve the operational sustainability of 1
or more small systems through--
``(1) the development of a detailed asset inventory, which
may include drinking water sources, wells, storage, valves,
treatment systems, distribution lines, hydrants, pumps,
controls, and other essential infrastructure;
``(2) the development of an infrastructure asset map,
including a map that uses technology such as--
``(A) geographic information system software; and
``(B) global positioning system software;
``(3) the deployment of leak detection technology;
``(4) the deployment of metering technology;
``(5) training in asset management strategies, techniques,
and technologies appropriate staff employed by--
``(A) the eligible entity; or
``(B) the small systems for which the grant was received;
and
``(6) the development or deployment of other strategies,
techniques, or technologies that the Administrator may
determine to be appropriate under the program.
``(e) Cost Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of a project carried out using a grant
under the program shall be 90 percent of the total cost of
the project.
``(2) Waiver.--The Administrator may increase the Federal
share under paragraph (1) to 100 percent.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2021 through 2023.''.
SEC. 5416. DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE
AND SUSTAINABILITY PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) (as amended by section 5415) is amended by adding at
the end the following:
``SEC. 1459F. DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE
AND SUSTAINABILITY PROGRAM.
``(a) Definitions.--In this section:
``(1) Natural hazard; resilience.--The terms `resilience'
and `natural hazard' have the meanings given those terms in
section 1433(h).
``(2) Resilience and sustainability program.--The term
`resilience and sustainability program' means the Drinking
Water System Infrastructure Resilience and Sustainability
Program established under subsection (b).
``(b) Establishment.--The Administrator shall establish and
carry out a program, to be known as the `Drinking Water
System Infrastructure Resilience and Sustainability Program',
under which the Administrator, subject to the availability of
appropriations for the resilience and sustainability program,
shall award grants to public water systems for the purpose of
increasing resilience to natural hazards.
``(c) Use of Funds.--A public water system may only use
grant funds received under the resilience and sustainability
program to assist in the planning, design, construction,
implementation, operation, or maintenance of a program or
project that increases resilience to natural hazards
through--
``(1) the conservation of water or the enhancement of
water-use efficiency;
``(2) the modification or relocation of existing drinking
water system infrastructure made, or that is at risk of
being, significantly impaired by natural hazards, including
risks to drinking water from flooding;
``(3) the design or construction of new or modified
desalination facilities to serve existing communities;
``(4) the enhancement of water supply through the use of
watershed management and source water protection;
``(5) the enhancement of energy efficiency or the use and
generation of renewable energy in the conveyance or treatment
of drinking water; or
``(6) the development and implementation of measures to
increase the resilience of the public water system to natural
hazards.
``(d) Application.--To seek a grant under the resilience
and sustainability program, a public water system shall
submit to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require, including--
``(1) a proposal of the program or project to be planned,
designed, constructed, implemented, operated, or maintained
by the public water system;
``(2) an identification of the natural hazard risk to be
addressed by the proposed program or project;
``(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk to the
area where the proposed program or project is to be located;
``(4) a description of any recent natural hazard events
that have affected the public water system;
``(5) a description of how the proposed program or project
would improve the performance of the public water system
under the anticipated natural hazards; and
``(6) an explanation of how the proposed program or project
is expected to enhance the resilience of the public water
system to the anticipated natural hazards.
[[Page S7784]]
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the resilience and
sustainability program--
``(1) $150,000,000 for each of fiscal years 2021 and 2022;
and
``(2) $200,000,000 for fiscal year 2023.''.
SEC. 5417. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN
LOW-INCOME COMMUNITY WATER ASSISTANCE.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) (as amended by section 5416) is amended by adding at
the end the following:
``SEC. 1459G. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN
LOW-INCOME COMMUNITY WATER ASSISTANCE.
``(a) Definition of Low-income Household.--In this section,
the term `low-income household' means a household that has an
income that, as determined by the State in which the
household is located, does not exceed the greater of--
``(1) an amount equal to 150 percent of the poverty level
of that State; and
``(2) an amount equal to 60 percent of the State median
income for that State.
``(b) Study; Report.--
``(1) In general.--Subject to the availability of
appropriations, not later than 2 years after the date of
enactment of this section, the Administrator shall conduct,
and submit to Congress a report describing the results of, a
study regarding the prevalence throughout the United States
of low-income households, including low-income renters, that
do not have access to affordable public drinking water
services to meet household needs.
``(2) Inclusions.--The report under paragraph (1) shall
include--
``(A) recommendations of the Administrator regarding the
best methods to increase access to affordable and reliable
drinking water services;
``(B) a description of the cost of each method described in
subparagraph (A);
``(C) an examination of, to the extent feasible--
``(i) levels of household water debt during the 5-year
period ending on the date on which the report is published;
``(ii) rates of water shutoffs during that period;
``(iii) durations of those water shutoffs during that
period; and
``(iv) actions of utilities and jurisdictions, as
applicable, during that period against households with water
debt, including property liens and foreclosures; and
``(D) with respect to the development of the report, a
consultation with all relevant stakeholders.
``(3) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000, to
remain available until expended.''.
SEC. 5418. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
Section 1464 of the Safe Drinking Water Act (42 U.S.C.
300j-24) is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``public water
systems and'' after ``to assist'';
(B) in the third sentence, by inserting ``public water
systems,'' after ``schools,''; and
(C) in the sixth sentence, by striking ``within 100 days
after the enactment of this section'' and inserting ``not
later than 100 days after the date of enactment of the
Economic Justice Act''; and
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``, public water systems that serve
schools and child care programs under the jurisdiction of
those local educational agencies, and qualified nonprofit
organizations'' before ``in voluntary'';
(II) by striking the period at the end and inserting ``;
and'';
(III) by striking ``grants available to States'' and
inserting the following: ``grants available to--
``(i) States''; and
(IV) by adding at the end the following:
``(ii) tribal consortia to assist tribal education agencies
(as defined in section 3 of the National Environmental
Education Act (20 U.S.C. 5502)) in voluntary testing for lead
contamination in drinking water at schools and child care
programs under the jurisdiction of the tribal education
agency.'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``or'' at the end;
(II) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(III) by adding at the end the following:
``(iii) any public water system that is located in a State
that does not participate in the voluntary grant program
established under subparagraph (A) that--
``(I) assists schools or child care programs in lead
testing; or
``(II) provides technical assistance to schools or child
care programs in carrying out lead testing; or
``(iv) a qualified nonprofit organization, as determined by
the Administrator.'';
(B) in paragraphs (3), (5), (6), and (7), by striking
``State or local educational agency'' each place it appears
and inserting ``State, local educational agency, public water
system, tribal consortium, or qualified nonprofit
organization'';
(C) in paragraph (4), by striking ``States and local
educational agencies'' and inserting ``States, local
educational agencies, public water systems, tribal consortia,
and qualified nonprofit organizations'';
(D) in paragraph (6)--
(i) in the matter preceding subparagraph (A), by inserting
``, public water system, tribal consortium, or qualified
nonprofit organization'' after ``each local educational
agency'';
(ii) in subparagraph (A)(ii), by inserting ``or tribal''
after ``applicable State''; and
(iii) in subparagraph (B)(i), by inserting ``applicable''
before ``local educational agency''; and
(E) in paragraph (8), by striking ``2020 and 2021'' and
inserting ``2021 through 2023''.
SEC. 5419. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001 of the America's Water Infrastructure Act of
2018 (42 U.S.C. 300j-3c note; Public Law 115-270) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Subject to the availability of appropriations, the
Administrator of the Environmental Protection Agency'' and
inserting ``The Administrator of the Environmental Protection
Agency (referred to in this section as the
`Administrator')''; and
(B) by striking ``to implement'' in the matter preceding
paragraph (1) and all that follows through the period at the
end of paragraph (2) and inserting ``to implement eligible
projects described in subsection (b).'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Federal Share.--The Federal share of the cost of a
project carried out under this section shall be 100
percent.''; and
(4) in subsection (e) (as so redesignated)--
(A) by striking ``There is'' and inserting ``There are'';
(B) by striking ``subsection (a) $20,000,000'' and
inserting the following: ``subsection (a)--
``(1) $20,000,000'';
(C) in paragraph (1) (as so designated), by striking
``2022'' and inserting ``2020''; and
(D) by adding at the end the following:
``(2) $50,000,000 for each of fiscal years 2021 through
2023.''.
SEC. 5420. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
Section 4304 of the America's Water Infrastructure Act of
2018 (42 U.S.C. 300j-19e) is amended--
(1) in subsection (a)(3)(B), by inserting ``and public
works departments and agencies'' after ``organizations'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``institutions--'' and inserting ``institutions, or public
works departments and agencies--''; and
(ii) in subparagraph (A)(ii), by inserting ``for entities
that are not public works departments and agencies,'' before
``working'';
(B) in paragraph (4)--
(i) by striking ``There is'' and inserting the following:
``(A) In general.--There is'';
(ii) in subparagraph (A) (as so designated), by striking
``$1,000,000 for each of fiscal years 2019 and 2020'' and
inserting ``$100,000,000 for each of fiscal years 2021
through 2023''; and
(iii) by adding at the end the following:
``(B) Sense of the senate.--It is the sense of the Senate
that, of the funds made available under subparagraph (A) each
fiscal year, not less than 40 percent should be used to
provide grants that would serve--
``(i) low-income individuals; and
``(ii) underserved communities (as defined in section 1459A
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(a))).'';
(3) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(4) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Public Works Department or Agency.--In
this section, the term `public works department or agency'
means a political subdivision of a local, county, or regional
government that designs, builds, operates, and maintains
water infrastructure, sewage and refuse disposal systems, and
other public water systems and facilities.''.
SEC. 5421. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.
(a) Analysis.--Not later than 1 year after the date of
enactment of this Act, using environmental justice data of
the Environmental Protection Agency, including data from the
environmental justice mapping and screen tool of the
Environmental Protection Agency, the Administrator of the
Environmental Protection Agency (referred to in this section
as the ``Administrator'') shall carry out an analysis under
which the Administrator shall assess the programs under title
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) and section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) to identify historical distributions of funds
to small and disadvantaged communities and new opportunities
and methods to improve on the distribution of funds under
those programs to low-income communities, rural communities,
minority communities, and communities of indigenous peoples,
in accordance with Executive Order 12898 (42 U.S.C. 4321
note; 60 Fed. Reg. 6381; relating to Federal actions to
address environmental justice in minority populations and
low-income populations)).
(b) Report.--On completion of the analysis under subsection
(a), the Administrator shall
[[Page S7785]]
submit to the Committee on Environment and Public Works of
the Senate and the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of
Representatives a report describing--
(1) the results of the analysis; and
(2) the criteria the Administrator used in carrying out the
analysis.
SEC. 5422. MAPPING AND SCREENING TOOL.
The Administrator of the Environmental Protection Agency
shall continue to update, on an annual basis, and make
available to the public EJSCREEN or an equivalent
environmental justice mapping and screening tool, which shall
include information on public water systems (as defined in
section 1401 of the Safe Drinking Water Act (42 U.S.C.
300f)), self-supplied communities (such as State and small
and domestic well communities), the presence of toxic water
at the household and system level, and water affordability.
SEC. 5423. EMERGENCY HOUSEHOLD WATER AND WASTEWATER
ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
described in section 1135(g)(1)(B)(i) of the Social Security
Act (42 U.S.C. 1320b-5(g)(1)(B)(i)).
(3) Eligible household.--The term ``eligible household''
means--
(A) a household that--
(i) is economically affected by the COVID-19 public health
emergency;
(ii) has applied for and been deemed eligible for
assistance under this section; or
(B) a low-income household, as determined by an eligible
utility under subsection (h), that has applied for and been
deemed eligible for assistance under this section.
(4) Eligible utility.--The term ``eligible utility'' means
an owner or operator of--
(A) a community water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f)); or
(B) a treatment works (as defined in section 212 of the
Federal Water Pollution Control Act (33 U.S.C. 1292)) for
municipal waste.
(5) Emergency period.--The term ``emergency period'' means
the emergency period described in section 1135(g)(1)(B) of
the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
(6) Granting entity.--The term ``granting entity'' means--
(A) with respect to a grant to an eligible utility under
subsection (b)(2), the Administrator; and
(B) with respect to a grant to an eligible utility pursuant
to subsection (c)(1), the State or Indian Tribe making the
grant, as applicable.
(7) Indian tribe.--The term ``Indian Tribe'' means any
Indian Tribe, band, group, or community recognized by the
Secretary of the Interior and exercising governmental
authority over a Federal Indian reservation.
(8) Municipality.--The term ``municipality'' has the
meaning given the term in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(9) State.--The term ``State'' means--
(A) each of the several States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana Islands.
(b) Establishment.--The Administrator shall establish an
emergency household water and wastewater assistance program
under which the Administrator shall--
(1) not later than 45 days after the date of enactment of
this Act and during each of fiscal years 2022 and 2023, make
grants to States and Indian Tribes; and
(2) make grants to eligible utilities.
(c) Use of Funds.--
(1) Grants to states and indian tribes.--A State or Indian
Tribe receiving a grant under subsection (b)(1) shall use the
funds received under the grant to make grants to eligible
utilities.
(2) Grants to eligible utilities.--An eligible utility
receiving a grant from a State or Indian Tribe under
paragraph (1) or receiving a grant from the Administrator
under subsection (b)(2) shall use the amounts received under
the grant--
(A) to provide rate assistance to eligible households;
(B) for ongoing operation and maintenance activities
affected by a loss of revenue from eligible households; and
(C) to the extent practicable with any funds remaining
after carrying out subparagraphs (A) and (B), to cancel water
debts for eligible households that accrued during the 5-year
period ending on the date that is the first day of the
emergency period.
(d) Applications.--Each eligible utility seeking to receive
a grant under or pursuant to this section shall submit an
application to the Administrator, State, or Indian Tribe, as
applicable, at such time, in such manner, and containing such
information as the Administrator shall require.
(e) Conditions.--
(1) Minimum requirements.--An eligible utility that
receives a grant under or pursuant to this section shall--
(A) certify to the granting entity that it has conducted
outreach activities designed to ensure that eligible
households are made aware of the assistance available
pursuant to this section, including by partnering with
nonprofit organizations that serve low-income households;
(B) identify and submit to the granting entity a report
describing--
(i) how many eligible households were identified;
(ii) the level of subsidy needed to provide assistance to
all of the eligible households described in clause (i); and
(iii) how the granted funds were used to benefit eligible
households; and
(C) establish procedures--
(i) to notify each eligible household receiving assistance
pursuant to this section of the amount of that assistance;
and
(ii) to ensure that the eligible utility charges an
eligible household, in the normal billing process not more
than the difference between--
(I) the actual cost of the drinking water or wastewater
service provided to the eligible household; and
(II) the amount of the assistance provided.
(2) Continuity of water and wastewater services.--An
eligible utility that receives a grant under or pursuant to
this section shall ensure that--
(A) no service provided by the eligible utility to an
individual or household is disconnected or interrupted during
the COVID-19 public health emergency due to nonpayment; and
(B) during the emergency period and the 1-year period
beginning on the day after the date on which the emergency
period terminates, no eligible household is charged--
(i) a late fee for an unpaid bill for service provided by
the eligible utility; or
(ii) a reconnection fee for a shutoff that occurred during
the emergency period.
(3) Household documentation requirements.--An eligible
utility that receives a grant under or pursuant to this
section shall--
(A) to the maximum extent practicable, seek to limit the
income history documentation requirements for determining
whether a household is considered to be economically affected
by the COVID-19 public health emergency or a low-income
household for the purposes of this section; and
(B) for the purposes of income eligibility, accept proof of
job loss or severe income loss dated after February 29, 2020,
such as a layoff or furlough notice or verification of
application for unemployment benefits, as sufficient to
demonstrate lack of income for an individual or household.
(f) Audits.--The Administrator shall require each State,
Indian Tribe, and eligible utility receiving a grant under or
pursuant to this section to undertake periodic audits and
evaluations of expenditures made by the State, Indian Tribe,
or eligible utility, as applicable, pursuant to this section.
(g) Guidelines.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Administrator shall issue
guidelines for complying with the requirements of this
section, including guidelines for--
(A) identifying households that are--
(i) economically affected by the COVID-19 public health
emergency; or
(ii) low-income households; and
(B) conducting any required audits and evaluations.
(2) Consultation.--In issuing guidelines under paragraph
(1), the Administrator shall consult with the Secretary of
Health and Human Services, other Federal agencies with
experience in administering Federal rate assistance programs
for low-income households, States, Indian Tribes, eligible
utilities, and nonprofit organizations that serve low-income
households.
(h) Determination of Low-income Households.--In determining
whether a household is considered to be a low-income
household for the purposes of receiving assistance pursuant
to this section, an eligible utility--
(1) shall ensure that, at a minimum, all households within
150 percent of the Federal poverty line are included as low-
income households; and
(2) may include other households, including households in
which 1 or more individuals are receiving--
(A) assistance under the program of block grants to States
for temporary assistance for needy families established under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.);
(B) payments under the supplemental security income program
established under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
(C) assistance under the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.); or
(D) payments under--
(i) section 1315, 1521, 1541, or 1542 of title 38, United
States Code; or
(ii) section 306 of the Veterans' and Survivors' Pension
Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95-
588).
(i) Submissions to Congress.--The Administrator shall
submit to the Committees on Appropriations, Energy and
Commerce, and Transportation and Infrastructure of the House
of Representatives and the Committees on Appropriations and
Environment and Public Works of the Senate--
(1) on the date on which the Administrator makes grants
under subsection (b)(1), a report indicating the amounts
granted to each State and Indian Tribe;
(2) on the issuance of guidelines under subsection (g), a
copy of the guidelines;
[[Page S7786]]
(3) not later than 180 days after the date of enactment of
this Act, and every other month thereafter during each fiscal
year for which funding for this section is provided, a report
listing--
(A) each eligible utility that received a grant under or
pursuant to this section;
(B) the amount of the grant; and
(C) how the granted funds were used; and
(4) not later than 1 year after the date of enactment of
this Act, and on final disbursement of all funds appropriated
pursuant to this section, a report on the results of
activities carried out pursuant to this section.
(j) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section, to remain available until expended--
(A) $2,000,000,000 for fiscal year 2021; and
(B) $1,500,000,000 for each of fiscal years 2022 and 2023.
(2) Allocation of funds.--
(A) In general.--Of the amounts made available to carry out
this section under paragraph (1), the Administrator shall--
(i) use 1 percent to make grants under subsection (b)(1) to
Indian Tribes;
(ii) use 49 percent to make grants under subsection (b)(1)
to States in accordance with subparagraph (B); and
(iii) with any remaining amounts, make grants to eligible
utilities under subsection (b)(2).
(B) State allotments.--Of the amounts described in
subparagraph (A)(ii), the Administrator shall allot--
(i) 50 percent in accordance with the percentages used by
the Administrator to allot amounts appropriated to carry out
title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) pursuant to section 205(c)(3) of that
Act (33 U.S.C. 1285(c)(3)); and
(ii) 50 percent in accordance with the formula used by the
Administrator to allot funds appropriated to carry out
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12).
(3) Administrative costs.--The Administrator and any State,
Indian Tribe, or eligible utility that receives a grant under
or pursuant to this section may use up to 5 percent of the
granted amounts for administrative costs.
SEC. 5424. REQUIREMENT.
Notwithstanding any other provision of law, of the amounts
made available under this chapter or any amendment made by
this chapter, the Administrator of the Environmental
Protection Agency shall ensure, to the maximum extent
practicable, that not less than 12.5 percent is used to
support jobs of persons of color or businesses owned by
persons of color.
CHAPTER 2--CLEAN AIR PROGRAMS
SEC. 5431. WOOD HEATERS EMISSIONS REDUCTION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affected wood heater model.--The term ``affected wood
heater model'' means a model of wood heater described in--
(A) section 60.530(a) of title 40, Code of Federal
Regulations (or a successor regulation); and
(B) subsections (a) and (b) of section 60.5472 of that
title.
(3) Certified clean heater.--The term ``certified clean
heater'' means a heater that--
(A) has been certified or verified by--
(i) the Administrator; or
(ii) the California Air Resources Board;
(B) meets or has emissions below the most stringent Step 2
emission reductions standards described in the Final Rule;
(C) with respect to an affected wood heater model, has a
thermal efficiency rating of not less than 65 percent, as
certified by the Administrator under the Final Rule; and
(D) is installed by a licensed or certified professional or
verified by the State in which the heater is being installed.
(4) Final rule.--The term ``Final Rule'' means the final
rule entitled ``Standards of Performance for New Residential
Wood Heaters, New Residential Hydronic Heaters and Forced-Air
Furnaces'' (80 Fed. Reg. 13672 (March 16, 2015)).
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Regional agency.--The term ``regional agency'' means a
regional or local government agency--
(A) with jurisdiction over air quality; or
(B) that has received approval from the air quality program
of the State of the agency to carry out a wood heater
emissions reduction and replacement program.
(7) Replacement of an old wood heater.--The term
``replacement of an old wood heater'' means the replacement
of an existing wood heater that--
(A) does not meet the reductions standards described in
paragraph (3)(B);
(B) is removed from a home or building in which the wood
heater was the primary or secondary source of heat; and
(C) is surrendered to a supplier, retailer, or other
entity, as defined by the Administrator, who shall render the
existing wood heater inoperable and ensure the existing wood
heater is disposed through--
(i) recycling; or
(ii) scrappage.
(8) State.--The term ``State'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) the United States Virgin Islands;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana Islands.
(9) Wood heater.--The term ``wood heater'' means an
enclosed, wood-burning appliance capable of and intended for
residential space heating or space heating and domestic water
heating that is an affected wood heater model, including--
(A) a residential wood heater;
(B) a hydronic heater; and
(C) a forced-air furnace.
(b) Establishment of Grant Program for Wood Heater
Emissions Reductions.--
(1) In general.--Subject to the availability of
appropriations, the Administrator shall establish a grant
program that provides funding for grant, rebate, and other
programs administered by States, regional agencies, and
Indian tribes that are designed--
(A) to provide financial incentives to homeowners for the
replacement of old wood heaters that greatly contribute to
particulate pollution with more efficient, cleaner-burning
heaters that are--
(i) properly installed; and
(ii) certified clean heaters;
(B) to achieve significant reductions in emissions from
wood heaters in terms of pollution produced by wood heaters
and wood heater emissions exposure;
(C) to help homeowners transition to safer and more
efficient sources of heat; and
(D) to support retailers, installers, and manufacturers
that sell and make certified clean heaters that are more
efficient and cleaner-burning.
(2) Applications.--The Administrator shall--
(A) provide to States, regional agencies, and Indian tribes
guidance for use in applying for funding under this
subsection, including information regarding--
(i) the process and forms for applications;
(ii) permissible uses of funds received under this
subsection; and
(iii) the cost-effectiveness of various emission reduction
technologies eligible for funds provided under this
subsection;
(B) establish, for applications described in subparagraph
(A)--
(i) an annual deadline for submission of the applications;
(ii) a process by which the Administrator shall approve or
disapprove each application;
(iii) a simplified application submission process to
expedite the provision of funds; and
(iv) a streamlined process by which a State, regional
agency, or Indian tribe may renew an application described in
subparagraph (A) for subsequent fiscal years;
(C) require States or regional agencies applying for
funding under this subsection to provide detailed information
on how the State or regional agency intends to carry out and
verify projects under the wood heater emissions reduction
program of the State or regional agency, including--
(i) a description of the air quality in the State or the
area in which the regional agency has jurisdiction;
(ii) the means by which the project will achieve a
significant reduction in wood heater emissions and air
pollution, including the estimated quantity of--
(I) residences that depend on non-certified clean heaters
as a primary or secondary source of heat; and
(II) air pollution produced by wood heaters in the State or
the area in which the regional agency has jurisdiction;
(iii) an estimate of the cost and economic benefits of the
proposed project;
(iv) the means by which the funds will be distributed,
including a description of the intended recipients of the
funds;
(v) a description of any efforts to target low-income
individuals that own older wood heaters;
(vi) provisions for the monitoring and verification of the
project; and
(vii) a description of how the program will carry out the
replacement of old wood heaters, including--
(I) how the older units will be removed and placed out of
service; and
(II) how new heaters purchased with funding provided under
this subsection will be installed; and
(D) require Indian tribes applying for funding under this
subsection to provide detailed information on how the Indian
tribe intends to carry out and verify projects under the wood
heater emissions reduction program of the Indian tribe,
including--
(i) the means by which the project will achieve a
significant reduction in wood heater emissions;
(ii) an estimate of the cost and economic benefits of the
proposed project;
(iii) the means by which the funds will be distributed,
including a description of the intended recipients of the
funds;
(iv) a description of any efforts to target low-income
individuals that own older wood heaters;
(v) provisions for the monitoring and verification of the
project; and
(vi) a description of how the program will carry out the
replacement of old wood heaters, including--
(I) how the older units will be removed and placed out of
service; and
(II) how new heaters purchased with funding provided under
this subsection will be installed.
[[Page S7787]]
(3) Allocation of funds.--
(A) In general.--For each fiscal year, the Administrator
shall allocate funds made available to carry out this
subsection--
(i) among States, regional agencies, and Indian tribes that
submitted an application under this subsection that was
approved by the Administrator;
(ii) of which not less than 4 percent shall be allocated to
Indian tribes to perform functions that include--
(I) addressing subsequent maintenance costs resulting from
the installation of wood heaters under this subsection; and
(II) training qualified installers and technicians; and
(iii) among different geographic areas and varying
population densities.
(B) Allocation priority.--The Administrator shall provide
to each State, regional agency, and Indian tribe described in
subparagraph (A) for a fiscal year an allocation of funds,
with priority given to States, regional agencies, and Indian
tribes that will use the funds to support projects that--
(i) maximize public health benefits, including indoor and
outdoor air quality;
(ii) are the most cost-effective;
(iii) target the replacement of wood heaters that emit the
most pollution;
(iv) include certified clean heaters and other heaters that
achieve emission reductions and efficiency improvements that
are more stringent than the Step 2 emission reductions
standards, as described in the Final Rule;
(v) target low-income households;
(vi) encourage the recycling of old wood heaters when
replacing those heaters; and
(vii) serve areas that--
(I) receive a disproportionate quantity of air pollution
from wood heaters;
(II) have a high percentage of residents that use wood as
their primary source of heat; or
(III) are poor air quality areas, including areas
identified by the Administrator as--
(aa) in nonattainment or maintenance of national ambient
air quality standards for particulate matter under section
109 of the Clean Air Act (42 U.S.C. 7409); or
(bb) class I areas under section 162(a) of that Act (42
U.S.C. 7472(a)).
(C) Unobligated funds.--Any funds that are not obligated by
a State, regional agency, or Indian tribe by a date
determined by the Administrator in a fiscal year shall be
reallocated pursuant to the priorities described in
subparagraph (B).
(D) State, regional agency, and tribal matching
incentive.--
(i) In general.--Subject to clause (ii), if a State,
regional agency, or Indian tribe agrees to match the
allocation provided to the State, regional agency, or Indian
tribe under subparagraph (A) for a fiscal year, the
Administrator shall provide to the State, regional agency, or
Indian tribe for the fiscal year a matching incentive
consisting of an additional amount equal to 30 percent of the
allocation of the State, regional agency, or Indian tribe
under subparagraph (A).
(ii) Requirement.--To receive a matching incentive under
clause (i), a State, regional agency, or Indian tribe--
(I) may not use funds received under this subsection to pay
a matching share required under this paragraph; and
(II) shall not be required to provide a matching share for
any additional amount received under that clause.
(4) Administration.--
(A) In general.--Subject to subparagraphs (B) and (C),
States, regional agencies, and Indian tribes shall use any
funds provided under this subsection--
(i) to develop and implement such programs in the State or
in areas under the jurisdiction of the regional agency or
Indian tribe as are appropriate to meet the needs and goals
of the State, regional agency, or Indian tribe; and
(ii) to the maximum extent practicable, to use the programs
described in clause (i) to give high priority to projects
that serve areas described in paragraph (3)(B)(vii).
(B) Apportionment of funds.--The chief executive officer of
a State, regional agency, or Indian tribe that receives
funding under this subsection may determine the portion of
funds to be provided as grants and the portion to be provided
as rebates.
(C) Use of funds.--A State, regional agency, or Indian
tribe shall use funds provided under this subsection for--
(i) projects to complete the replacement of old wood
heaters, including the installation of heaters and training
of certified installers of heaters that--
(I) are at least as efficient and clean-burning as
certified clean heaters; and
(II) meet the purposes described in paragraph (1); and
(ii) with respect to Indian tribes, the purposes described
in paragraph (3)(A)(ii).
(D) Supplement, not supplant.--Funds made available under
this subsection shall be used to supplement, not supplant,
funds made available for existing State clean air programs.
(E) Public notification.--Not later than 60 days after the
date on which the Administrator makes funding available under
this subsection each fiscal year, the Administrator shall
publish on the website of the Environmental Protection
Agency--
(i) the total number of grants awarded and the amounts
provided to States, regional agencies, and Indian tribes;
(ii) a general description of each application of a State,
regional agency, or Indian tribe that received funding; and
(iii) the estimated number of wood heaters that will be
replaced using funds made available under this subsection.
(F) Report.--Not later than 2 years after the date on which
funds are first made available under this subsection, and
biennially thereafter, the Administrator shall submit to
Congress a report evaluating the implementation of the
program under this subsection.
(c) Outreach and Incentives.--The Administrator shall
establish a program under which the Administrator shall--
(1) inform stakeholders of the benefits of replacing wood
heaters that do not meet the Step 2 emission reductions
standards described in the Final Rule;
(2) develop nonfinancial incentives to promote the proper
installation and use of certified clean heaters; and
(3) consult with Indian tribes to carry out the purposes of
this section.
(d) Supplemental Environmental Projects.--
(1) EPA authority to accept wood heater emissions reduction
supplemental environmental projects.--Section 1 of Public Law
110-255 (42 U.S.C. 16138) is amended--
(A) in the heading, by inserting ``and wood heater'' after
``diesel''; and
(B) in the matter preceding paragraph (1), by inserting
``and wood heater'' after ``diesel''.
(2) Settlement agreement provisions.--Section 2 of Public
Law 110-255 (42 U.S.C. 16139) is amended in the first
sentence--
(A) by inserting ``or wood heater'' after ``diesel'' each
place it appears;
(B) by inserting ``, as applicable,'' before ``if the
Administrator''; and
(C) by inserting ``, as applicable'' before the period at
the end.
(e) Funding.--
(1) Mandatory funding.--
(A) In general.--On October 1, 2020, or as soon as
practicable thereafter, and on each October 1 thereafter
through October 1, 2022, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Administrator to carry out this section
$75,000,000 for the applicable fiscal year, to remain
available until expended.
(B) Receipt and acceptance.--The Administrator shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under subparagraph (A),
without further appropriation.
(2) Authorization of appropriations.--In addition to the
amounts made available under paragraph (1), there is
authorized to be appropriated to carry out this section
$75,000,000 for each of fiscal years 2021 through 2023, to
remain available until expended.
(3) Management and oversight.--The Administrator may use
not more than 1 percent of the amounts made available under
this subsection for each fiscal year for management and
oversight of the programs under this section.
SEC. 5432. DIESEL EMISSIONS REDUCTION PROGRAM.
(a) Mandatory Funding.--
(1) In general.--On October 1, 2021, or as soon as
practicable thereafter, and on each October 1 thereafter
through October 1, 2023, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Administrator of the Environmental Protection
Agency to carry out subtitle G of title VII of the Energy
Policy Act of 2005 (42 U.S.C. 16131 et seq.) $300,000,000 for
the applicable fiscal year, to remain available until
expended.
(2) Receipt and acceptance.--The Administrator of the
Environmental Protection Agency shall be entitled to receive,
shall accept, and shall use to carry out subtitle G of title
VII of the Energy Policy Act of 2005 (42 U.S.C. 16131 et
seq.) the funds transferred under paragraph (1), without
further appropriation.
(3) Requirement.--Of the funds transferred under paragraph
(1) in each fiscal year, not more than $150,000,000 may be
used to provide assistance under subtitle G of title VII of
the Energy Policy Act of 2005 (42 U.S.C. 16131 et seq.) to
port authorities with jurisdiction over transportation or air
quality.
(b) Cost-share for Zero Tailpipe Emission Vehicle.--
Notwithstanding subtitle G of title VII of the Energy Policy
Act of 2005 (42 U.S.C. 16131 et seq.), the Federal share of
the purchase of a zero tailpipe emission vehicle using
amounts made available under subsection (a) shall be 100
percent.
SEC. 5433. PROTECTION OF THE MERCURY AND AIR TOXICS
STANDARDS.
Section 112(n)(1)(A) of the Clean Air Act (42 U.S.C.
7412(n)(1)(A)) is amended, in the fourth sentence, by
striking ``, if the Administrator'' and all that follows
through ``this subparagraph''.
SEC. 5434. NET ZERO EMISSIONS AT PORT FACILITIES PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Administrator of the Federal Highway
Administration (referred to in this section as the
``Administrator'') shall establish a program to reduce
emissions at port facilities, under which the Administrator
shall--
(A) study how ports and intermodal port transfer facilities
would benefit from increased opportunities to reduce
emissions at ports, including through the electrification of
port operations;
(B) study emerging technologies and strategies that may
help reduce port-related emissions by implementing shore
power
[[Page S7788]]
technology and other net zero emissions technology, including
equipment that handles cargo, port harbor craft, drayage
trucks, charging and fueling infrastructure, and electric
truck refrigeration units; and
(C) coordinate and provide funding to test, evaluate, and
deploy projects that reduce port-related emissions, including
shore power technology and net zero emissions port equipment
and technology, such as equipment that handles cargo, port
harbor craft, drayage trucks, charging and fueling
infrastructure, electric truck refrigeration units, and other
technology the Administrator determines to be appropriate.
(2) Consultation.--In carrying out the program under this
subsection, the Administrator may consult with the Secretary
of Energy and the Administrator of the Environmental
Protection Agency.
(b) Grants.--
(1) In general.--In carrying out subsection (a)(1)(C), the
Administrator shall award grants to fund projects that reduce
emissions at ports, including through the advancement of port
electrification.
(2) Cost share.--A grant awarded under paragraph (1) shall
not exceed 80 percent of the total cost of the project funded
by the grant.
(3) Coordination.--In carrying out the grant program under
this subsection, the Administrator shall--
(A) to the maximum extent practicable, leverage existing
resources and programs of the Federal Highway Administration
and other relevant Federal agencies; and
(B) coordinate with other Federal agencies, as the
Administrator determines to be appropriate.
(4) Application; selection; priority.--
(A) Application.--The Administrator shall solicit
applications for grants under paragraph (1) at such time, in
such manner, and containing such information as the
Administrator determines to be necessary.
(B) Selection.--The Secretary shall make grants under
paragraph (1) by not later than April 1 of each fiscal year
for which funding is made available.
(C) Priority.--In making grants for projects under
paragraph (1), the Administrator shall give priority to
projects that reduce--
(i) greenhouse gas emissions;
(ii) emissions of any criteria air pollutant and any
precursor of the criteria air pollutant;
(iii) hazardous air pollutant emissions; and
(iv) public health disparities in communities that receive
a disproportionate quantity of air pollution from a port.
(5) Requirement.--Notwithstanding any other provision of
law, any project funded by a grant under this subsection
shall be treated as a project on a Federal-aid highway under
chapter 1 of title 23, United States Code.
(c) Report.--Not later than 1 year after the date on which
all of the projects funded with a grant under subsection (b)
are completed, the Administrator shall submit to Congress a
report that includes--
(1) the findings of the studies described in subparagraphs
(A) and (B) of subsection (a)(1);
(2) the results of the projects that received a grant under
subsection (b);
(3) any recommendations for workforce development and
training opportunities with respect to port electrification;
and
(4) any policy recommendations based on the findings and
results described in paragraphs (1) and (2).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program established under
subsection (a)(1) $250,000,000 for each of fiscal years 2021
through 2023.
CHAPTER 3--HEALTHY TRANSPORTATION
SEC. 5441. RESTORING NEIGHBORHOODS AND STRENGTHENING
COMMUNITIES PROGRAM.
(a) Definitions.--In this section:
(1) Capital construction grant.--The term ``capital
construction grant'' means a capital construction grant under
subsection (f).
(2) Community engagement, education, and capacity building
grant.--The term ``community engagement, education, and
capacity building grant'' means a community engagement,
education, and capacity building grant under subsection (d).
(3) Community of color.--The term ``community of color''
means, in a State, a census block group for which the
aggregate percentage of residents who identify as Black,
African-American, American Indian, Alaska Native, Native
Hawaiian, Asian, Pacific Islander, Hispanic, Latino, other
nonwhite race, or linguistically isolated is--
(A) not less than 50 percent; or
(B) significantly higher than the State average.
(4) Infrastructural barrier.--The term ``infrastructural
barrier'' means a highway (including a limited access
highway), a railway, a viaduct, a principal arterial
facility, or any other transportation facility for which the
high speeds, grade separation, or other design factors create
an obstacle to connectivity, including--
(A) obstacles to walking, biking, and mobility;
(B) diminished access to destinations across the
infrastructural barrier; or
(C) barriers to the economic development of the surrounding
neighborhood.
(5) Low-income community.--The term ``low-income
community'' means a census block group in which not less than
30 percent of the population lives below the poverty line (as
defined in section 673 of the Community Services Block Grant
Act (42 U.S.C. 9902)).
(6) Planning and feasibility study grant.--The term
``planning and feasibility study grant'' means a planning and
feasibility study grant under subsection (e).
(7) Program.--The term ``program'' means the program
established under subsection (b).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(9) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(b) Establishment.--
(1) In general.--The Secretary shall establish a program to
help communities--
(A) identify infrastructural barriers within the community
that--
(i) create obstacles to mobility or economic development;
or
(ii) expose the community to high levels of particulate
matter, noise pollution, and other public health and safety
risks;
(B) study the feasibility of improving, and develop plans
to improve, community connectivity, including through--
(i) removal or retrofit of an infrastructural barrier; or
(ii) construction of facilities to mitigate the obstacle
created by the infrastructural barrier by enhancing
connectivity across the infrastructural barrier;
(C) plan the redevelopment of any land made available by
the removal or retrofit of the infrastructural barrier, with
a focus on improvements that will benefit the populations
impacted by or previously displaced by the infrastructural
barrier;
(D) access funding to carry out the activities described in
subparagraphs (B) and (C); and
(E) require the equity of any activities carried out under
the program, including by garnering community engagement,
avoiding displacement, and ensuring local participation in
jobs created through those activities.
(2) Types of grants.--Under the program, the Secretary
shall award the following types of grants:
(A) Community engagement, education, and capacity building
grants.
(B) Planning and feasibility study grants.
(C) Capital construction grants.
(3) Multiple grants permitted.--An eligible entity may
apply for and receive funding from more than 1 type of grant
described in paragraph (2).
(c) Requirement for Project Selection.--To receive a grant
under the program, a project shall provide the majority of
project benefits to 1 or more communities of color or low-
income communities.
(d) Community Engagement, Education, and Capacity Building
Grants.--
(1) Eligible entities.--The Secretary may award a community
engagement, education, and capacity building grant to carry
out community engagement, education, and capacity building
activities described in paragraph (2) to--
(A) a unit of local government;
(B) a Tribal government;
(C) a metropolitan planning organization; and
(D) a nonprofit organization.
(2) Eligible activities.--A community engagement and
capacity building activity referred to in paragraph (1)
includes an activity--
(A) to educate community members about opportunities to
affect transportation and economic development planning and
investment decisions;
(B) to build organizational or community capacity to engage
in transportation and economic development planning;
(C) to identify community needs and desires for community
improvements;
(D) to develop community-driven solutions to local
challenges;
(E) to conduct assessments of equity, mobility and access,
environmental justice, affordability, economic opportunity,
health outcomes, and other local goals;
(F) to form a Community Advisory Board in accordance with
subsection (g); and
(G) to engage community members in scenario planning.
(3) Federal share.--The Federal share of the cost of an
activity carried out with funds from a community engagement,
education, and capacity building grant may be up to 100
percent, at the discretion of the eligible entity.
(e) Planning and Feasibility Study Grants.--
(1) Eligible entities.--
(A) In general.--The Secretary may award a planning and
feasibility study grant to carry out planning activities
described in paragraph (2) to--
(i) a State;
(ii) a unit of local government;
(iii) a Tribal government;
(iv) a metropolitan planning organization; and
(v) a nonprofit organization.
(B) Partnerships.--In the case of an eligible entity that
is not the owner of the infrastructural barrier that is the
subject of
[[Page S7789]]
the planning and feasibility study grant, the eligible entity
shall demonstrate the existence of a partnership with the
owner of the infrastructural barrier.
(2) Eligible activities.--A planning activity referred to
in paragraph (1)(A) includes--
(A) development of designs and artistic renderings to
facilitate community engagement;
(B) traffic studies, nonmotorized accessibility analyses,
equity needs analyses, and collection of other relevant data;
(C) planning studies to evaluate the feasibility of
removing or retrofitting an infrastructural barrier, or the
construction of facilities to mitigate the obstacle created
by the infrastructural barrier by enhancing connectivity
across the infrastructural barrier;
(D) public engagement activities to provide opportunities
for public input into a plan to remove, convert, or mitigate
an infrastructural barrier;
(E) environmental review, consultation, or other action
required under any Federal environmental law relating to the
review or approval of a project to remove, retrofit, or
mitigate an existing infrastructural barrier;
(F) establishment of a community land trust for the
development and use of real estate created by the removal or
capping of an infrastructural barrier; and
(G) other transportation planning activities required in
advance of a project to remove, retrofit or mitigate an
existing infrastructural barrier, as determined by the
Secretary.
(3) Federal share.--The Federal share of the cost of an
activity carried out with funds from a planning and
feasibility study grant shall be not more than 80 percent.
(f) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award a capital
construction grant to the owner of an infrastructural barrier
to carry out a project described in paragraph (3) for which
all necessary feasibility studies and other planning
activities have been completed.
(2) Partnerships.--For the purpose of submitting an
application for a capital construction grant, an owner of an
infrastructural barrier may, if applicable, partner with--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; or
(E) a nonprofit organization.
(3) Eligible projects.--
(A) In general.--A project eligible to be carried out with
a capital construction grant includes--
(i) the removal of an infrastructural barrier;
(ii) the retrofit of an infrastructural barrier in a way
that enhances community connectivity and is sensitive to the
context of the surrounding community, including retrofits to
a highway to cap the facility or replace the facility with an
at-grade arterial roadway;
(iii) the construction of facilities that improve
connectivity across the infrastructural barrier;
(iv) the replacement of an infrastructural barrier with a
new use or facility that has been identified by members of
the community; and
(v) the construction of other transportation improvements
that address the mobility needs of the community.
(B) Exclusion.--Funds from a capital construction grant
shall not be used on a project that increases net capacity
for vehicular travel.
(4) Priority for capital construction grants.--In selecting
eligible entities to receive a capital construction grant,
the Secretary shall give priority to an eligible entity
that--
(A) has entered into a community benefits agreement with
representatives of the community;
(B) serves a community in which an anti-displacement policy
or a community land trust is in effect;
(C) has formed a Community Advisory Board under subsection
(g); or
(D) has demonstrated a plan for--
(i) employing residents in the area impacted by the
activity or project through targeted hiring programs; and
(ii) contracting and subcontracting with disadvantaged
business enterprises.
(5) Requirement.--In order to receive a capital
construction grant, the owner of the infrastructural barrier
shall demonstrate that the project is supported by the
community in the immediate vicinity of the project.
(6) Federal share.--
(A) In general.--Except as provided in subparagraph (B),
the Federal share of the cost of a project carried out with a
capital construction grant may be not more than 80 percent.
(B) Maximum federal involvement.--Federal assistance other
than a capital construction grant may be used to satisfy the
non-Federal share of the cost of a project for which the
grant is awarded.
(g) Community Advisory Board.--
(1) In general.--To help achieve inclusive economic
development benefits, an eligible entity may form a community
advisory board, which shall--
(A) facilitate community engagement with respect to the
activity or project proposed to be carried out; and
(B) track progress with respect to commitments of the
eligible entity to inclusive employment, contracting, and
economic development under the activity or project.
(2) Membership.--If an eligible entity forms a community
advisory board under paragraph (1), the community advisory
board shall be composed of representatives of--
(A) the community;
(B) owners of businesses that serve the community;
(C) labor organizations that represent workers that serve
the community; and
(D) State and local government.
(h) Administrative Costs.--For each fiscal year, the
Secretary may use not more than 2 percent of the amounts made
available for the program for the costs of administering the
program.
(i) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that--
(1) assesses the impacts and benefits of highway removals
on congestion, mobility, and safety in the project vicinity,
and the extent to which those impacts differ from projected
impacts;
(2) includes recommendations for how traffic forecasting
should--
(A) consider nonmotorized travel demand; and
(B) track and be updated in response to observed travel
behavior responses to changes in transportation capacity and
land use; and
(3) includes recommendations for how environmental reviews
for projects funded under the Federal-aid highway program
should consider, identify, and quantify, during project
development, any diminished access, including nonmotorized
access, that will result from the project.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program $2,000,000,000
for each of fiscal years 2021 through 2025.
SEC. 5442. SAFER HEALTHIER STREETS PROGRAM.
(a) Definitions.--In this section:
(1) Community of color.--The term ``community of color''
means, in a State, a census block group for which the
aggregate percentage of residents who identify as Black,
African-American, American Indian, Alaska Native, Native
Hawaiian, Asian, Pacific Islander, Hispanic, Latino, other
nonwhite race, or linguistically isolated is--
(A) not less than 50 percent; or
(B) significantly higher than the State average.
(2) Low-income community.--The term ``low-income
community'' means a census block group in which not less than
30 percent of the population lives below the poverty line (as
defined in section 673 of the Community Services Block Grant
Act (42 U.S.C. 9902)).
(3) Mobility grant.--The term ``mobility grant'' means a
grant provided under subsection (f)(2).
(4) Program.--The term ``program'' means the Safer
Healthier Streets program established under subsection (b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Tree canopy grant.--The term ``tree canopy grant''
means a grant provided under subsection (f)(1).
(7) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(8) Urbanized area.--The term ``urbanized area'' has the
meaning given the term in section 101(a) of title 23, United
States Code.
(b) Establishment.--The Secretary shall establish a
discretionary grant program, to be known as the ``Safer
Healthier Streets program'', to provide to eligible
entities--
(1) tree canopy grants; and
(2) mobility grants.
(c) Goals.--The goals of the program are to improve overall
health outcomes, to reduce racial and ethnic health
disparities, and to support local economic development,
including--
(1) with respect to tree canopy grants--
(A) to improve access to green space for low-income
communities and communities of color;
(B) to improve the equity of tree cover within an urbanized
area;
(C) to provide traffic calming and reduce the incidence of
speeding;
(D) to provide for improvements in air quality;
(E) to reduce--
(i) the extent of impervious surfaces;
(ii) polluting stormwater runoff; and
(iii) flood risks;
(F) to provide shade benefits on pedestrian walkways,
bicycle lanes, and shared-use paths, and at public
transportation stops; and
(G) to mitigate urban heat islands; and
(2) with respect to mobility grants--
(A) to improve access to safe and convenient walking and
bicycling facilities for low-income communities and
communities of color;
[[Page S7790]]
(B) to construct new pedestrian walkways, bicycle lanes,
and shared-use paths;
(C) to maintain or improve the condition of pedestrian
walkways, bicycle lanes, and shared-use paths;
(D) to create and expand networks of safe pedestrian
walkways, bicycle lanes, and shared-use paths, including
through connectivity improvements between existing non-
motorized assets;
(E) to expand safe walking and biking access to public
transportation facilities;
(F) to construct safe and convenient roadway crossings for
pedestrians and bicyclists; and
(G) to improve safe and convenient pedestrian access for
pedestrians and bicyclists to destinations throughout an
urbanized area, including access to jobs, housing,
healthcare, schools, and retail.
(d) Eligible Entities.--An entity eligible to participate
in the program is--
(1) a State, regional, Tribal, or local government or
agency, including a transit agency, that owns or has
responsibility for the public streets, pedestrian walkways,
bicycle lanes, shared-use paths, or other public facility for
which funding is sought;
(2) a public, private, or nonprofit corporation that owns
or has responsibility for the public streets or pedestrian
walkways, bicycle lanes, shared-use paths, or other public
facility for which funding is sought; and
(3) a nonprofit organization working in coordination with
an entity described in paragraph (1) or (2).
(e) Application.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including a
description of--
(1) how the eligible entity would use the funds from the
grant; and
(2) the contribution that the projects carried out with
funds from the grant would make to improving the safety,
health outcomes, and quality of life in low-income
communities and communities of color.
(f) Types of Grants.--
(1) Tree canopy grants.--A tree canopy grant shall be used
for 1 or more of the following activities:
(A) Conducting a comprehensive canopy assessment, which
shall--
(i) assess the current tree locations and canopy,
including--
(I) an inventory of the location, species, condition, and
health of existing tree canopies and trees on public
facilities;
(II) an identification of the locations where trees need to
be replaced; and
(III) an identification of empty tree boxes or other
additional locations where trees could be added;
(ii) be conducted through on-the-ground inventory and
assessment, in conjunction with additional tools such as
light detection and ranging (commonly known as ``LiDAR''),
satellite imagery, or other internet-based tools; and
(iii) include a tree canopy needs and equity analysis,
including mapping of--
(I) pedestrian walkways that experience high rates of use
or that provide pedestrians with critical connections to
jobs, housing, healthcare, schools, transit, or retail;
(II) public transportation stop locations;
(III) flood-prone locations where trees or other natural
infrastructure could mitigate flooding;
(IV) areas of elevated air pollution;
(V) urban heat islands, where temperatures exceed those of
surrounding areas;
(VI) areas where tree coverage is lower than in surrounding
areas;
(VII) low-income communities; and
(VIII) communities of color.
(B) Community engagement activities to provide
opportunities for public input into plans to enhance tree
canopy and access to green space.
(C) Setting tree cover goals and implementing an investment
plan based on the results of the assessment under
subparagraph (A) to increase tree canopy and tree cover,
including equitable access to shade and green space for low-
income communities and communities of color by planting trees
on public rights-of-way and public facilities.
(D) Purchasing of trees, site preparation, planting of
trees, ongoing maintenance and monitoring of trees, and
repair of storm damage to trees, with priority given to--
(i) the planting of native species, to the extent
appropriate; and
(ii) projects located in a neighborhood with lower tree
cover or higher maximum daytime summer temperatures compared
to surrounding neighborhoods.
(E) Assessing the underground infrastructure and
coordinating with local transportation and utility providers.
(F) Hiring staff to conduct any of the activities described
in this paragraph.
(2) Mobility grants.--A mobility grant shall be used for
the planning, design, construction, or improvement of
pedestrian walkways or bicycle lanes that are located on a
public street or for the planning, design, construction, or
improvement of a publicly accessible shared-use path or
trail, including 1 or more of the following activities:
(A) Conducting a comprehensive mobility assessment, which
shall--
(i) assess the condition of pedestrian or bicyclist
networks and identify gaps;
(ii) identify hazardous locations and corridors where
fatalities or serious injuries of pedestrians and bicyclists
have occurred;
(iii) measure the level of access by biking and walking to
essential destinations, including access to jobs, housing,
healthcare, schools, public transportation, and retail; and
(iv) include an equity analysis, including--
(I) mapping of low-income communities and communities of
color;
(II) identifying disparities in the level of access
measured under clause (iii) in low-income communities and
communities of color compared to surrounding areas; and
(III) identifying disparities in the condition and extent
of pedestrian and bicyclist networks in low-income
communities and communities of color compared to surrounding
areas.
(B) Community engagement, education, capacity building, and
programming--
(i) to provide opportunities for public input into plans to
expand safe and convenient pedestrian walkways, bicycle
lanes, and shared-use paths;
(ii) to identify community needs and develop community-
driven mobility solutions; and
(iii) to develop and execute community programming that
makes active use of a street for community building and for
purposes other than driving.
(C) Construction of pedestrian walkways, bicycle lanes, and
shared-use paths, including acquisition of necessary rights-
of-way.
(D) Improvements to the condition of pedestrian walkways,
bicycle lanes, and shared-use paths, including modifications
to pedestrian walkways and traffic control devices to comply
with accessibility requirements under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(E) Traffic calming, speed reduction improvements, and
construction of pedestrian crosswalks and intersection
improvements designed to enhance the safety and convenience
of pedestrians and bicyclists.
(F) Construction or installation of enhancements to
pedestrian walkways, bicycle lanes, or shared-use paths,
including street lighting, benches, parklets, stormwater
management features, parking, bike racks, bike share
stations, and canopies or other shade devices.
(G) Sidewalk improvements to accommodate and conserve
street trees.
(H) Hiring staff to conduct any of the activities described
in this paragraph.
(g) Technical Assistance.--
(1) In general.--The Secretary may provide technical
assistance to eligible entities under the program for the
purpose of developing the technical capacity of the eligible
entity for the development of applications under the program
or the administration of grant funds under the program.
(2) Application; solicitation.--The Secretary shall--
(A) solicit applications from eligible entities for
technical assistance under paragraph (1); and
(B) select eligible entities to receive technical
assistance based on--
(i) the inexperience of the eligible entity in applying for
or administering Federal grants; and
(ii) whether the eligible entity is located in or serves a
low-income community or a community of color.
(h) Priority.--In selecting eligible entities to receive
grants under the program, the Secretary shall give priority
to--
(1) an eligible entity proposing to carry out an activity
or project in a community that is a low-income community or
community of color;
(2) an eligible entity that--
(A) has entered into a community benefits agreement with
representatives of the community;
(B) serves a community in which an anti-displacement policy
is in effect; or
(C) has demonstrated a plan for--
(i) employing residents in the area impacted by the
activity or project through targeted hiring programs; and
(ii) contracting and subcontracting with disadvantaged
business enterprises; and
(3) an eligible entity that is partnering with a qualified
youth or conservation corps (as defined in section 203 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1722)).
(i) Distribution Requirement.--For each fiscal year, not
less than 80 percent of the amounts made available to carry
out the program shall be provided for projects in urbanized
areas.
(j) Federal Share.--
(1) In general.--Except as provided under paragraph (2),
the Federal share of the cost of a project carried out under
the program is 80 percent.
(2) Waiver.--The Secretary may increase the Federal share
requirement under paragraph (1) to 100 percent for projects
carried out by an eligible entity that demonstrates economic
hardship.
(k) Administration.--
(1) Administrative costs.--For each fiscal year, the
Secretary may use not more than 2 percent of the amounts made
available for the program for the costs of administering the
program.
(2) Technical assistance.--For each fiscal year, the
Secretary may use not more than 10 percent of the amounts
made available for the program to provide technical
assistance under subsection (g).
(l) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that--
[[Page S7791]]
(1) assesses the impact of transportation improvements
funded in whole or in part under title 23, United States
Code, on average traffic speeds, fatalities, and serious
injuries in the areas in which projects are carried out under
the program; and
(2) identifies the amount of funds provided under title 23,
United States Code, that are used on activities eligible for
assistance under the program.
(m) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program $1,000,000,000
for each of fiscal years 2021 through 2025, to remain
available until expended.
CHAPTER 4--OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM
SEC. 5451. DEFINITIONS.
In this chapter:
(1) Eligible entity.--
(A) In general.--The term ``eligible entity'' means--
(i) a State or territory of the United States;
(ii) a political subdivision of a State or territory of the
United States, including--
(I) a city; and
(II) a county;
(iii) a special purpose district, including park districts;
and
(iv) an Indian Tribe.
(B) Political subdivisions and indian tribes.--A political
subdivision of a State or territory of the United States or
an Indian Tribe shall be considered an eligible entity only
if the political subdivision or Indian Tribe represents or
otherwise serves a qualifying urban area.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program established under section 5452(a).
(4) Qualifying urban area.--The term ``qualifying urban
area'' means an area identified by the Census Bureau as an
``urban area'' in the most recent census.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5452. GRANTS AUTHORIZED.
(a) In General.--The Secretary shall establish an outdoor
recreation legacy partnership program under which the
Secretary may award grants to eligible entities for
projects--
(1) to acquire land and water for parks and other outdoor
recreation purposes; and
(2) to develop new or renovate existing outdoor recreation
facilities.
(b) Matching Requirement.--
(1) In general.--As a condition of receiving a grant under
subsection (a), an eligible entity shall provide matching
funds in the form of cash or an in-kind contribution in an
amount equal to not less than 100 percent of the amounts made
available under the grant.
(2) Sources.--The matching amounts referred to in paragraph
(1) may include amounts made available from State, local,
nongovernmental, or private sources.
SEC. 5453. ELIGIBLE USES.
(a) In General.--A grant recipient may use a grant awarded
under this chapter--
(1) to acquire land or water that provides outdoor
recreation opportunities to the public; and
(2) to develop or renovate outdoor recreational facilities
that provide outdoor recreation opportunities to the public,
with priority given to projects that--
(A) create or significantly enhance access to park and
recreational opportunities in an urban neighborhood or
community;
(B) engage and empower underserved communities and youth;
(C) provide opportunities for youth employment or job
training;
(D) establish or expand public-private partnerships, with a
focus on leveraging resources; and
(E) take advantage of coordination among various levels of
government.
(b) Limitations on Use.--A grant recipient may not use
grant funds for--
(1) grant administration costs;
(2) incidental costs related to land acquisition, including
appraisal and titling;
(3) operation and maintenance activities;
(4) facilities that support semiprofessional or
professional athletics;
(5) indoor facilities such as recreation centers or
facilities that support primarily non-outdoor purposes; or
(6) acquisition of land or interests in land that restrict
access to specific persons.
SEC. 5454. NATIONAL PARK SERVICE REQUIREMENTS.
In carrying out the Outdoor Recreation Legacy Partnership
Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received; and
(2) evaluate and score all qualifying applications.
SEC. 5455. REPORTING.
(a) Annual Reports.--Not later than 30 days after the last
day of each report period, each State lead agency that
receives a grant under this chapter shall annually submit to
the Secretary performance and financial reports that--
(1) summarize project activities conducted during the
report period; and
(2) provide the status of the project.
(b) Final Reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each State lead agency that receives
a grant under this chapter shall submit to the Secretary a
final report containing such information as the Secretary may
require.
SEC. 5456. REVENUE SHARING.
(a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
109-432) is amended by inserting before the period at the end
``, of which 20 percent for each of fiscal years 2020 through
2055 shall be used by the Secretary of the Interior to
provide grants under chapter 4 of subtitle D of title V of
the Economic Justice Act''.
(b) Supplement Not Supplant.--Amounts made available to the
Outdoor Recreation Legacy Partnership Program as a result of
the amendment made by subsection (a) shall supplement and not
supplant any other Federal funds made available to carry out
the Outdoor Recreation Legacy Partnership Program.
Subtitle E--Labor and Wage Protections
SEC. 5501. LABOR STANDARDS.
(a) Definitions.--In this section:
(1) Covered construction or maintenance project.--The term
``covered construction or maintenance project'' means a
construction or maintenance project, including installation
or removal of applicable infrastructure, that is assisted in
whole or in part by funds appropriated or made available
under this title or the amendments made by this title,
without regard to the form or type of Federal assistance
provided.
(2) Covered project labor agreement.--The term ``covered
project labor agreement'' means a project labor agreement
that--
(A) binds all contractors and subcontractors on the
construction or maintenance project through the inclusion of
appropriate specifications in all relevant solicitation
provisions and contract documents;
(B) allows all contractors and subcontractors to compete
for contracts and subcontracts without regard to whether they
are otherwise a party to a collective bargaining agreement;
(C) contains guarantees against strikes, lockouts, and
other similar job disruptions;
(D) sets forth effective, prompt, and mutually binding
procedures for resolving labor disputes arising during the
covered project labor agreement; and
(E) provides other mechanisms for labor-management
cooperation on matters of mutual interest and concern,
including productivity, quality of work, safety, and health.
(3) Project labor agreement.--The term ``project labor
agreement'' means a pre-hire collective bargaining agreement
with one or more labor organizations that--
(A) establishes the terms and conditions of employment for
a specific construction or maintenance project; and
(B) is described in section 8(f) of the National Labor
Relations Act (29 U.S.C. 158(f)).
(4) Qualified entity.--The term ``qualified entity'' means
an applicant for certification under subsection (c) that the
Secretary of Labor certifies as a qualified entity in
accordance with such subsection.
(5) Registered apprenticeship program.--The term
``registered apprenticeship program'' has the meaning given
the term ``apprenticeship program'' in section 3101(b).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) In General.--
(1) Application.--Notwithstanding any other provision of
law, for fiscal year 2021 and each fiscal year thereafter,
each entity receiving assistance under this title, or the
amendments made by this title, for a covered construction or
maintenance project shall--
(A) as a condition precedent to receiving any such
assistance for a covered construction or maintenance project,
be a qualified entity; and
(B) for the duration of the covered construction or
maintenance project, comply with the labor standards under
subsection (d) with respect to the covered construction or
maintenance project.
(2) Inclusion.--Notwithstanding any other provision of law,
for fiscal year 2021 and each fiscal year thereafter, each
entity that is awarded a permit or lease by, or that enters
into an agreement with, the Federal Government under this
title or the amendments made by this title shall--
(A) as a condition precedent to receiving such award or
entering into such agreement, be a qualified entity; and
(B) for the duration of any covered construction or
maintenance project related to the permit, lease, or
agreement, comply with the labor standards under subsection
(d) with respect to the covered construction or maintenance
project.
(c) Certification of Qualified Entities.--
(1) In general.--The Secretary shall establish a process to
certify entities that submit an application under paragraph
(2) as qualified entities with respect to covered
construction or maintenance projects.
(2) Application process.--An entity seeking certification
as a qualified entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require,
including information to demonstrate compliance with the
requirements under subsection (d).
(3) Requests for additional information.--
(A) In general.--Not later than 1 year after receiving an
application from an entity under paragraph (2), the Secretary
may request additional information from the entity in order
to determine whether the entity is
[[Page S7792]]
in compliance with the requirements under subsection (d).
(B) Additional information timing.--The entity shall
provide such additional information within 30 days of the
Secretary's request under subparagraph (A).
(4) Determination deadline.--The Secretary shall make a
determination regarding whether to certify an entity under
this subsection as a qualified entity not later than--
(A) in a case in which the Secretary requests additional
information described in paragraph (3), 1 year after the
Secretary receives such additional information from the
entity; or
(B) in a case that is not described in paragraph (3)(A), 1
year after the date on which the entity submits the
application under paragraph (2).
(5) Remedies.--
(A) Precertification remedies.--The Secretary shall
consider any corrective actions taken by an entity seeking
certification under this subsection to remedy an
administrative merits determination, arbitral award or
decision, or civil judgment identified under subsection
(d)(2)(C) and shall impose, as a condition of certification,
any additional remedies the Secretary determines necessary,
exclusively in the Secretary's judgment, to--
(i) fully remedy any such determination, decision, or
judgment; and
(ii) avoid further or repeated violations.
(B) Postcertification remedies.--The Secretary shall have
the authority to pursue and impose any remedies the Secretary
determines necessary, exclusively in the Secretary's
judgment, to fully remedy any violation of the requirements
under subsection (d) by a qualified entity, including back
wages, reinstatement, liquidated damages, treble damages,
civil penalties, orders to bargain, injunctive relief, and
any other appropriate remedies.
(d) Labor Standards Requirements.--
(1) Applicability.--
(A) Required for certification.--The Secretary shall
require an entity, as a condition of certification as a
qualified entity under subsection (c), to satisfy each of the
requirements under paragraph (2).
(B) Required during duration of project.--A qualified
entity shall satisfy the requirements under paragraph (2) for
the duration of any covered construction or maintenance
project.
(2) Labor standards.--The requirements under this paragraph
are the following:
(A) The entity shall ensure that all laborers and mechanics
employed by contractors and subcontractors in the performance
of any covered construction or maintenance project shall be
paid wages at rates not less than those prevailing on
projects of a similar character in the locality as determined
by the Secretary in accordance with subchapter IV of chapter
31 of title 40, United States Code (commonly known as the
``Davis-Bacon Act'').
(B) In the case of any covered construction or maintenance
project, the cost of which exceeds $25,000,000, the entity
shall be a party to, or require contractors and
subcontractors in the performance of such covered
construction or maintenance project to consent to, a covered
project labor agreement.
(C) The entity, and all contractors and subcontractors in
performance of any covered construction or maintenance
project, shall represent in the application submitted under
subsection (c)(2) (and periodically thereafter during the
performance of the covered construction or maintenance
project as the Secretary may require) whether there has been
any administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance issued by
the Secretary, rendered against the entity in the preceding 3
years (or, in the case of disclosures after the initial
disclosure, during such period as the Secretary may provide)
for violations of--
(i) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(ii) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.);
(iii) the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.);
(iv) the National Labor Relations Act (29 U.S.C. 151 et
seq.);
(v) subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'');
(vi) chapter 67 of title 41, United States Code (commonly
known as the ``Service Contract Act'');
(vii) Executive Order 11246, as amended (relating to equal
employment opportunity);
(viii) section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793);
(ix) section 4212 of title 38, United States Code;
(x) the Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.);
(xi) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(xii) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(xiii) the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.);
(xiv) Executive Order 13658 (79 Fed. Reg. 9851; relating to
establishing a minimum wage for contractors); or
(xv) equivalent State laws, as defined in guidance issued
by the Secretary.
(D) The entity, and all contractors and subcontractors in
the performance of the covered construction or maintenance
project, shall not require arbitration for any dispute
involving an employee, as described in subparagraph (E),
engaged in a service for the entity or any contractor and
subcontractor, or enter into any agreement with such employee
requiring arbitration of any such dispute, unless such
employee is covered by a collective bargaining agreement that
provides otherwise.
(E) For purposes of compliance with each Federal law and
executive Order listed in clauses (i) through (xiv) of
subparagraph (C) and the requirements under this section, the
entity, and all contractors and subcontractors in the
performance of the covered construction or maintenance
project of the entity, shall consider an individual
performing any service in the performance of such
construction or maintenance project as an employee (and not
an independent contractor) of the entity or contractor or
subcontractor of the entity, respectively, unless--
(i) the individual is free from control and direction in
connection with the performance of the service, both under
the contract for the performance of the service and in fact;
(ii) the service is performed outside the usual course of
the business of the entity, contractor, or subcontractor,
respectively; and
(iii) the individual is customarily engaged in an
independently established trade, occupation, profession, or
business of the same nature as that involved in such service.
(F) The entity shall prohibit all contractors and
subcontractors in the performance of any covered construction
or maintenance project of the entity from hiring employees
through a temporary staffing agency unless the relevant State
workforce agency certifies that temporary employees are
necessary to address an acute, short-term labor demand.
(G) The entity shall require all contractors,
subcontractors, successors in interest of the entity, and
other entities that may acquire the entity, in the
performance or acquisition of any covered construction or
maintenance project, to have and abide by an explicit
neutrality policy on any issue involving the exercise by
employees of the entity as described in subparagraph (E), and
of all contractors and subcontractors in the performance of
any covered construction or maintenance project of the
entity, of the right to organize and bargain collectively
through representatives of their own choosing.
(H) The entity shall require all contractors and
subcontractors to participate in a registered apprenticeship
program for each skilled craft employed on any construction
or maintenance project.
(I) The entity, and all contractors and subcontractors in
the performance of any covered construction or maintenance
project, shall not request or otherwise consider the criminal
history of an applicant for employment before extending a
conditional offer to the applicant, unless--
(i) a background check is otherwise required by law;
(ii) the position is for a Federal law enforcement officer
(as defined in section 115(c)(1) of title 18, United States
Code) position; or
(iii) the Secretary, after consultation with the Secretary
of Energy, certifies that precluding criminal history prior
to the conditional offer would pose a threat to national
security.
(e) Davis-Bacon Act.--The Secretary shall have, with
respect to the labor standards described in subsection
(d)(2)(A), the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States
Code.
(f) Employee Coverage for the Purposes of Projects Under
This Title.--Notwithstanding any other provision of law, for
purposes of each Federal law and executive Order listed in
clauses (i) through (xiv) of subsection (d)(2)(C) and for
purposes of compliance with the requirements under this
title, any individual performing any service in the
performance of a construction or maintenance project for an
entity, or a contractor or subcontractor of such entity,
shall be an employee (and not an independent contractor) of
the entity, contractor, or subcontractor, respectively, with
regard to the service performed in the performance of such
project unless--
(1) the individual is free from control and direction in
connection with the performance of the service, both under
the contract for the performance of the service and in fact;
(2) the service is performed outside the usual course of
the business of the entity, contractor, or subcontractor,
respectively; and
(3) the individual is customarily engaged in an
independently established trade, occupation, profession, or
business of the same nature as that involved in such service.
(g) Period of Validity for Certifications.--A certification
made under subsection (c) shall be in effect for a period of
5 years. An entity may reapply to the Secretary for an
additional certification under this section in accordance
with the application process under subsection (c)(2).
(h) Revocation of Qualified Entity Status.--The Secretary
may revoke the certification of an entity under subsection
(c)as a qualified entity at any time in which the Secretary
reasonably determines the entity is no longer in compliance
with the requirements of subsection (d).
[[Page S7793]]
(i) Certification May Cover More Than 1 Substantially
Similar Project.--The Secretary may make certifications under
subsection (c) that apply with respect to more than 1
construction or maintenance project if the projects to which
such certification apply are substantially similar projects
which meet the requirements of this section. Such projects
shall be treated as a specific construction or maintenance
project for purposes of subsection (a)(2).
(j) Application of Labor Standards to Wood Heater Emissions
Reductions Grant Program.--With respect to the wood heater
emissions reductions grant program established under section
5531(b) and notwithstanding any other provision of this
section, the requirements of this section shall apply only to
work performed on multifamily buildings.
(k) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2020 and each fiscal year
thereafter.
SEC. 5502. WAGE RATE.
(a) Davis-Bacon Act.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2021 and each fiscal year thereafter,
all laborers and mechanics employed by contractors or
subcontractors on projects assisted in whole or in part under
this title or the amendments made by this title, without
regard to the form or type of Federal assistance provided,
shall be paid wages at rates not less than those prevailing
on projects of a similar character in the locality as
determined by the Secretary in accordance with subchapter IV
of chapter 31 of title 40, United States Code (commonly known
as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
(b) Service Employees.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2021 and each fiscal year thereafter,
all service employees, including service employees that are
routine operations workers or routine maintenance workers,
who are not subject to subsection (a) and are employed by
contractors or subcontractors on projects assisted in whole
or in part under this title or the amendments made by this
title, without regard to the form or type of Federal
assistance provided, shall be paid a wage and fringe benefits
that are not less than the minimum wage and fringe benefits
established in accordance with chapter 67 of title 41, United
States Code (commonly known as the ``Service Contract Act'').
(2) Definition of service employee.--In this subsection,
the term ``service employee''--
(A) means an individual engaged in the performance of a
project assisted in whole or in part under this title or the
amendments made by this title, without regard to the form or
type of Federal assistance provided, the principal purpose of
which is to furnish services in the United States;
(B) includes an individual without regard to any
contractual relationship alleged to exist between the
individual and a contractor or subcontractor; but
(C) does not include an individual employed in a bona fide
executive, administrative, or professional capacity, as those
terms are defined in part 541 of title 29, Code of Federal
Regulations.
(3) Authority.--With respect to paragraphs (1) and (2), the
Secretary of Labor shall have the authority and functions set
forth in chapter 67 of title 41, United States Code.
(c) Application of Labor Standards to Wood Heater Emissions
Reductions Grant Program.--With respect to the wood heater
emissions reductions grant program established under section
5531(b) and notwithstanding any other provision of this
section, the requirements of this section shall apply only to
work performed on multifamily buildings.
SEC. 5503. INFRASTRUCTURE WORKFORCE EQUITY CAPACITY BUILDING
PROGRAM.
(a) Definitions.--In this section:
(1) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' has the meaning
given such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(2) Registered apprenticeship program.--The term
``registered apprenticeship program'' has the meaning given
the term ``apprenticeship program'' in section 3101(b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(4) Workforce intermediary.--The term ``workforce
intermediary'' means an entity that--
(A) has an affiliate network or offices in not less than 3
communities and across not less than 2 States;
(B) has the programmatic capability to serve individuals
with a barrier to employment or individuals who are
traditionally underrepresented in infrastructure industries;
(C) has clearly and convincingly demonstrated the capacity
to carry out activities described in subsection (d); and
(D) submits an application in accordance with subsection
(c).
(b) Capacity Building Program.--
(1) In general.--From the funds appropriated under
subsection (f), the Secretary shall award grants, contracts,
or other agreements or arrangements as the Secretary
determines appropriate, to workforce intermediaries for the
purpose of building the capacity of entities receiving grants
for construction on Federally-assisted projects under this
title to implement the activities and services described in
subsection (d) to more effectively serve individuals with a
barrier to employment, including ex-offenders or individuals
who are traditionally underrepresented in the targeted
infrastructure industry served through the job training
program supported under such title.
(2) Amount.--The amount of a grant awarded under this
section may not exceed $3,000,000.
(c) Application.--A workforce intermediary seeking an award
under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as required by the Secretary, including a
detailed description of the following:
(1) The extent to which the workforce intermediary has
experience in conducting outreach and technical assistance to
employers, businesses, labor-management organizations, the
public workforce system, industry groups, and other
stakeholders that are interested in diversifying new or
existing registered apprenticeship programs, pre-
apprenticeship programs, and work-based learning programs;
(2) The extent to which the workforce intermediary has
experience meeting the workforce development needs of
individuals with a barrier to employment and individuals who
are traditionally underrepresented in infrastructure
industries;
(3) The extent to which the workforce intermediary has
experience with and capability to facilitate -
(A) formal agreements between pre-apprenticeship programs,
with at least one sponsor of a registered apprenticeship
program;
(B) public private partnership building,
(C) supportive services; and
(D) mentoring programs .
(4) The capability of the workforce intermediary to provide
the technical assistance required to increase diversity among
participants in registered apprenticeship programs or pre-
apprenticeship programs.
(5) The capability of the workforce intermediary to measure
the impact of targeted strategies and technical assistance.
(d) Use of Funds.--A qualified entity receiving a grant
under this section shall use grant funds to provide technical
assistance to entities receiving a grant under this title in
order for such entities to carry out the following activities
and services:
(1) Providing professional development activities.
(2) The provision of outreach and recruitment activities,
including assessments of potential participants for such
activities, and enrollment of participants.
(3) The coordination of services across providers and
programs.
(4) The development of performance accountability measures.
(5) Connecting employers to--
(A) work-based learning programs;
(B) registered apprenticeship programs; or
(C) pre-apprenticeship programs with a formal agreement
with one or more registered apprenticeship programs.
(6) Assisting in the design and implementation of
registered apprenticeship programs and pre-apprenticeship
programs, including curriculum development and delivery for
related instruction.
(7) Developing and providing personalized program
participant supports, including by partnering with
organizations to provide access to or referrals for
supportive services and financial advising.
(8) Providing services, resources, and supports for
development, delivery, expansion, or improvement of work-
based learning programs, registered apprenticeship programs,
or pre-apprenticeship programs.
(e) Report.--A workforce intermediary receiving a grant
under this section shall, not later than 6 months after the
grant is awarded, submit to the Secretary a report that
includes--
(1) the impact of the technical assistance provided under
this section; and
(2) such other criteria as determined by the Secretary.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $150,000,000 for
fiscal year 2021, to remain available through fiscal year
2024.
SEC. 5504. SEVERABILITY.
If any provision of this subtitle, any amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this Act, the amendments
made by this Act, and the application of such provision or
amendment to any other person or circumstance shall not be
affected.
TITLE VI--NEW HOMEBUYERS DOWN PAYMENT TAX CREDIT
SEC. 6001. DOWN PAYMENT TAX CREDIT FOR FIRST-TIME HOMEBUYERS.
(a) In General.--Section 36 of the Internal Revenue Code of
1986 is amended to read as follows:
[[Page S7794]]
``SEC. 36. DOWN PAYMENT TAX CREDIT FOR FIRST-TIME HOMEBUYERS.
``(a) Allowance of Credit.--In the case of an individual
who is a first-time homebuyer of a principal residence in the
United States during a taxable year, there shall be allowed
as a credit against the tax imposed by this subtitle for such
taxable year an amount equal to 6 percent of the purchase
price of the residence.
``(b) Limitations; Special Rules Based on Marital and
Filing Status.--
``(1) Dollar limitation.--The credit allowed under
subsection (a) shall not exceed $15,000.
``(2) Limitation based on purchase price.--The amount
allowable as a credit under subsection (a) (determined
without regard to this paragraph and paragraph (3), and after
the application of paragraph (1)) for the taxable year shall
be reduced (but not below zero) by the amount which bears the
same ratio to the amount which is so allowable as--
``(A) the excess (if any) of--
``(i) the purchase price of the residence, over
``(ii) $400,000, bears to
``(B) $100,000.
``(3) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowable as a credit under
subsection (a) (determined without regard to this paragraph
and after the application of paragraphs (1) and (2)) for the
taxable year shall be reduced (but not below zero) by the
amount which bears the same ratio to the amount which is so
allowable as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified adjusted gross income for
such taxable year, over
``(II) $100,000 ($200,000 in the case of a joint return),
bears to
``(ii) $20,000.
``(B) Modified adjusted gross income.--For purposes of
subparagraph (A), the term `modified adjusted gross income'
means the adjusted gross income of the taxpayer for the
taxable year increased by any amount excluded from gross
income under section 911, 931, or 933.
``(4) Age limitation.--No credit shall be allowed under
subsection (a) with respect to the purchase of any residence
for a taxable year if--
``(A) the taxpayer has not attained age 18 as of the date
of such purchase, or
``(B) a deduction under section 151 with respect to the
taxpayer is allowable to another taxpayer for the taxable
year.
In the case of a taxpayer who is married, the taxpayer shall
be treated as meeting the age requirement of subparagraph (A)
if the taxpayer or the taxpayer's spouse meets such age
requirement.
``(5) Multiple purchasers.--If 2 or more individuals who
are not married purchase a principal residence, the amount of
the credit under subsection (a) shall be allocated among such
individuals in such manner as the Secretary may prescribe by
taking into account the requirements of paragraphs (2) and
(3), except that the total amount of the credits allowed to
all such individuals shall not exceed $15,000.
``(6) Married couples must file joint return.--If an
individual is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
individual and the individual's spouse file a joint return
for the taxable year.
``(c) Definitions.--For purposes of this section--
``(1) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer' means
any individual who acquires a principal residence by purchase
if such individual (and, if married, such individual's
spouse)--
``(i) has not claimed any credit or deduction under this
title for any previous taxable year with respect to the
purchase or ownership of any residence or residential real
estate (including for any expenditures relating to the
placing in service of any property on, in connection with, or
for use in such a residence or real estate), and
``(ii) attests under penalty of perjury that--
``(I) the individual (and, if married, the individual's
spouse) has not owned a principal residence at any time prior
to the purchase of the principal residence to which this
section applies, and
``(II) the principal residence to which this section
applies was not acquired from a person related to such
individual or spouse.
``(B) Waiver in case of certain changes in status.--The
Secretary may, in such manner as the Secretary may prescribe,
waive the requirements of subparagraph (A) for a taxable year
in the case of an individual who is not eligible to file a
joint return for the taxable year, and who was married at the
time the individual or the individual's former spouse
purchased a previous residence.
``(2) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(3) Purchase.--
``(A) In general.--The term `purchase' means any
acquisition, but only if--
``(i) the property is not acquired from a person related to
the person acquiring such property (or, if either such person
is married, such individual's spouse), and
``(ii) the basis of the property in the hands of the person
acquiring such property is not determined--
``(I) in whole or in part by reference to the adjusted
basis of such property in the hands of the person from whom
acquired, or
``(II) under section 1014(a).
``(B) Construction.--A residence which is constructed by
the taxpayer shall be treated as purchased by the taxpayer on
the date the taxpayer first occupies such residence.
``(4) Purchase price.--The term `purchase price' means the
adjusted basis (without regard to any reduction under section
1016(a)(38)) of the principal residence on the date such
residence is purchased.
``(5) Related persons.--A person shall be treated as
related to another person if the relationship between such
persons would result in the disallowance of losses under
section 267 or 707(b) (but, in applying subsections (b) and
(c) of section 267 for purposes of this section, paragraph
(4) of section 267(c) shall be treated as providing that the
family of an individual shall include only the individual's
spouse, ancestors, lineal descendants, and spouse's ancestors
and lineal descendants).
``(6) Marital status.--An individual's marital status shall
be determined in accordance with section 7703.
``(d) Denial and Recapture Rules in Case of Disposal of
Residence Within 5 Taxable Years.--
``(1) Denial of credit in case of disposal within taxable
year.--No credit under subsection (a) shall be allowed to any
taxpayer for any taxable year with respect to the purchase of
a residence if the taxpayer disposes of such residence (or
such residence ceases to be the principal residence of the
taxpayer (and, if married, the taxpayer's spouse)) before the
close of such taxable year.
``(2) Partial recapture.--
``(A) In general.--Except as provided in subparagraph (D),
if the taxpayer disposes of the residence with respect to
which a credit was allowed under subsection (a) (or such
residence ceases to be the principal residence of the
taxpayer (and, if married, the taxpayer's spouse)) during the
4-taxable-year period beginning with the taxable year
immediately following the credit year, the tax imposed by
this chapter for the taxable year in which such disposal (or
cessation) occurs shall be increased by an amount equal to
the recapture percentage of the amount of the credit so
allowed.
``(B) Credit year.--For purposes of subparagraph (A), the
term `credit year' means the taxable year in which the credit
under subsection (a) was allowed.
``(C) Recapture percentage.--For purposes of subparagraph
(A), the recapture percentage with respect to any disposal or
cessation described in such subparagraph shall be determined
in accordance with the following table:
The recapture percentage is:on occurs in:
the 1st taxable year beginning after the credit year......80 percent
the 2nd taxable year beginning after the credit year......60 percent
the 3rd taxable year beginning after the credit year......40 percent
the 4th taxable year beginning after the credit year......20 percent.
``(D) Exceptions.--This paragraph shall not apply in the
case of a disposal or cessation described in subparagraph (A)
which occurs after or incident to any of the following:
``(i) Death of the taxpayer or the taxpayer's spouse.
``(ii) Divorce of the taxpayer.
``(iii) Involuntary conversion of the residence (within the
meaning of section 121(d)(5)(A)).
``(iv) Relocation of duty station or qualified official
extended duty (as defined in section 121(d)(9)(C)) of the
taxpayer or the taxpayer's spouse who is a member of the
uniformed services (as defined in section 121(d)(9)(C)(ii)),
a member of the Foreign Service of the United States (as
defined in section 121(d)(9)(C)(iii)), or an employee of the
intelligence community (as defined in section
121(d)(9)(C)(iv)).
``(v) Change of employment of the taxpayer or the
taxpayer's spouse which meets the conditions of section
217(c).
``(vi) Loss of employment, health conditions, or such other
unforeseen circumstances as may be specified by the
Secretary.
``(e) Adjustment to Basis.--For purposes of this subtitle,
if a credit is allowed under this section with respect to any
property, the taxpayer's basis in such property shall be
reduced by the amount of the credit so allowed.
``(f) Reporting.--
``(1) In general.--A credit shall be allowed under this
section only if the following are included on the return of
tax:
``(A) The individual's (and, if married, the individual's
spouse's) social security number issued by the Social
Security Administration.
``(B) The street address (not including a post office box)
of the principal residence purchased.
``(C) The purchase price of the principal residence.
``(D) The date of purchase of the principal residence.
``(E) The closing disclosure relating to the purchase (in
the case of a purchase financed by a mortgage).
``(2) Reporting of real estate transactions.--If the
Secretary requires information reporting under section 6045
by a person described in subsection (e)(2) thereof to verify
the eligibility of taxpayers for the
[[Page S7795]]
credit allowable by this section, the exception provided by
section 6045(e)(5) shall not apply.
``(g) Termination.--Subsection (a) shall not apply to any
purchase of a principal residence after December 31, 2021.''.
(b) Conforming Amendment Relating to Basis Adjustment.--
Subsection (a) of section 1016 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (37),
(2) by redesignating paragraph (38) as paragraph (39), and
(3) by inserting after paragraph (37) the following new
paragraph:
``(38) to the extent provided in section 36(e).''.
(c) Conforming Amendment.--Section 26(b)(2) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (W)
and by redesignating subparagraphs (X) and (Y) as
subparagraphs (W) and (X), respectively.
(d) Clerical Amendment.--The item relating to section 36 in
the table of sections for subpart C of part IV of subchapter
A of chapter 1 of the Internal Revenue Code of 1986 is
amended to read as follows:
``Sec. 36. Down payment tax credit for first-time homebuyers.''.
(e) Authority to Treat Claim of Credit as Error, etc.--
Subparagraph (N) of section 6213(g)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(N) in the case of a return claiming the credit under
section 36--
``(i) the omission of a social security number required
under section 36(f)(1)(A),
``(ii) the inclusion of a social security number so
required if--
``(I) the claim of the credit on the return reflects the
treatment of such individual as being of an age different
from the individual's age based on such social security
number, or
``(II) except as provided in section 36(c)(1)(B), such
social security number has been included (other than as a
dependent for purposes of section 151) on a return for any
previous taxable year claiming any credit or deduction
described in section 36(c)(1)(A)(i),
``(iii) the omission of any other required information or
documentation described in section 36(f)(1), including the
inclusion of a post office box instead of a street address
for the purchased residence,
``(iv) the inclusion of any information or documentation
described in clause (iii) if such information or
documentation does not support a valid claim for the credit,
or
``(v) a claim of such credit for a taxable year with
respect to the purchase of a residence made after the last
day of such taxable year, or''.
(f) IRS Recordkeeping.--Notwithstanding the limitations on
assessment and collection under section 6501 of the Internal
Revenue Code of 1986, the Commissioner of Internal Revenue
shall maintain in perpetuity records of returns and return
information (as defined in section 6103(b)(2) of such Code)
of any taxpayer claiming the credit under section 36 of such
Code (as amended by this section) for the taxable year in
which such credit is claimed and succeeding taxable years.
The Commissioner may, in the Commissioner's discretion,
discard such records within a reasonable amount of time after
the death of such taxpayer (and, if married, the taxpayer's
spouse).
(g) Advanceability of Credit.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury (or such
Secretary's delegate) shall report to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives on administrative options
developed by such Secretary (or delegate) for making the
credit under section 36 of the Internal Revenue Code of 1986,
as amended by this Act, advanceable to the taxpayer at the
time of purchase of the principal residence with respect to
which such credit is determined.
(2) Regulations.--The Secretary of the Treasury (or such
Secretary's delegate) shall promulgate regulations or other
guidance implementing advanceability of the credit under such
section 36 based on feedback from the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives on the report required by paragraph (1).
(h) Effective Date.--The amendments made by this section
shall apply to residences purchased in taxable years
beginning after December 31, 2020.
TITLE VII--RENTERS AND LOW-INCOME HOUSING TAX CREDITS
SEC. 7001. RENTERS CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 36B the following new section:
``SEC. 36C. RENTERS CREDIT.
``(a) Determination of Credit Amount.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this subtitle for any taxable year
an amount equal to the sum of the amounts determined under
paragraph (2) for all qualified buildings with a credit
period which includes months occurring during the taxable
year.
``(2) Qualified building amount.--The amount determined
under this paragraph with respect to any qualified building
for any taxable year shall be an amount equal to the lesser
of--
``(A) the aggregate qualified rental reduction amounts for
all eligible units within such building for months occurring
during the taxable year which are within the credit period
for such building, or
``(B) the rental reduction credit amount allocated to such
building for such months.
``(3) Qualified building.--For purposes of this section--
``(A) In general.--The term `qualified building' means any
building which is residential rental property (as defined in
section 168(e)(2)(A)) of the taxpayer with respect to which--
``(i) a rental reduction credit amount has been allocated
by a rental reduction credit agency of a State, and
``(ii) a qualified rental reduction agreement is in effect.
``(B) Building not disqualified by other assistance.--A
building shall not fail to be treated as a qualified building
merely because--
``(i) a credit was allowed under section 42 with respect to
such building or there was any other Federal assistance in
the construction or rehabilitation of such building, or
``(ii) Federal rental assistance was provided for such
building during any period preceding the credit period.
``(b) Qualified Rental Reduction Amount.--For purposes of
this section--
``(1) In general.--The term `qualified rental reduction
amount' means, with respect to any eligible unit for any
month, an amount equal to the applicable percentage (as
determined under subsection (e)(1)) of the excess of--
``(A) the applicable rent for such unit, over
``(B) the family rental payment required for such unit.
``(2) Applicable rent.--
``(A) In general.--The term `applicable rent' means, with
respect to any eligible unit for any month, the lesser of--
``(i) the amount of rent which would be charged for a
substantially similar unit with the same number of bedrooms
in the same building which is not an eligible unit, or
``(ii) an amount equal to the market rent standard for such
unit.
``(B) Market rent standard.--
``(i) In general.--The market rent standard with respect to
any eligible unit is--
``(I) the small area fair market rent determined by the
Secretary of Housing and Urban Development for units with the
same number of bedrooms in the same zip code tabulation area,
or
``(II) if there is no rent described in subclause (I) for
such area, the fair market rent determined by such Secretary
for units with the same number of bedrooms in the same
county.
``(ii) State option.--A State may in its rental reduction
allocation plan provide that the market rent standard for all
(or any part) of a zip code tabulation area or county within
the State shall be equal to a percentage (not less than 75
nor more than 125) of the amount determined under clause (i)
(after application of clause (iii)) for such area or county.
``(iii) Minimum amount.--Notwithstanding clause (i), the
market rent standard with respect to any eligible unit for
any year in the credit period after the first year in the
credit period for such unit shall not be less than the market
rent standard determined for such first year.
``(3) Family rental payment requirements.--
``(A) In general.--Each qualified rental reduction
agreement with respect to any qualified building shall
require that the family rental payment for an eligible unit
within such building for any month shall be equal to the
lesser of--
``(i) 30 percent of the monthly family income of the
residents of the unit (as determined under subsection
(e)(5)), or
``(ii) the applicable rent for such unit.
``(B) Utility costs.--Any utility allowance (determined by
the Secretary in the same manner as under section
42(g)(2)(B)(ii)) paid by residents of an eligible unit shall
be taken into account as rent in determining the family
rental payment for such unit for purposes of this paragraph.
``(c) Rental Reduction Credit Amount.--For purposes of this
section--
``(1) Determination of amount.--
``(A) In general.--The term `rental reduction credit
amount' means, with respect to any qualified building, the
dollar amount which is allocated to such building (and to
eligible units within such building) under this subsection.
Such dollar amount shall be allocated to months in the credit
period with respect to such building (and such units) on the
basis of the estimates described in paragraph (2)(B).
``(B) Allocation on project basis.--In the case of a
project which includes (or will include) more than 1
building, the rental reduction credit amount shall be the
dollar amount which is allocated to such project for all
buildings included in such project. Subject to the limitation
under subsection (e)(3)(B), such amount shall be allocated
among such buildings in the manner specified by the taxpayer
unless the qualified rental reduction agreement with respect
to such project provides for such allocation.
``(2) State allocation.--
``(A) In general.--Except as provided in subparagraph (C),
each rental reduction credit agency of a State shall each
calendar year allocate its portion of the State rental
reduction credit ceiling to qualified buildings (and to
eligible units within each such building) in accordance with
the State rental reduction allocation plan.
``(B) Allocations to each building.--The rental reduction
credit amount allocated to
[[Page S7796]]
any qualified building shall not exceed the aggregate
qualified rental reduction amounts which such agency
estimates will occur over the credit period for eligible
units within such building, based on reasonable estimates of
rents, family incomes, and vacancies in accordance with
procedures established by the State as part of its State
rental reduction allocation plan.
``(C) Specific allocations.--
``(i) Nonprofit organizations.--At least 25 percent of the
State rental reduction credit ceiling for any State for any
calendar year shall be allocated to qualified buildings in
which a qualified nonprofit organization (as defined in
section 42(h)(5)(C)) owns (directly or through a partnership)
an interest and materially participates (within the meaning
of section 469(h)) in the operation of the building
throughout the credit period. A State may waive or lower the
requirement under this clause for any calendar year if it
determines that meeting such requirement is not feasible.
``(ii) Rural areas.--
``(I) In general.--The State rental reduction credit
ceiling for any State for any calendar year shall be
allocated to buildings in rural areas (as defined in section
520 of the Housing Act of 1949) in an amount which, as
determined by the Secretary of Housing and Urban Development,
bears the same ratio to such ceiling as the number of
extremely low-income households with severe rent burdens in
such rural areas bears to the total number of such households
in the State.
``(II) Alternative 5-year testing period.--In the case of
the 5-calendar year period beginning in 2021, a State shall
not be treated as failing to meet the requirements of
subclause (I) for any calendar year in such period if, as
determined by the Secretary, the average annual amount
allocated to such rural areas during such period meets such
requirements.
``(3) Application of allocated credit amount.--
``(A) Amount available to taxpayer for all months in
credit period.--Any rental reduction credit amount allocated
to any qualified building out of the State rental reduction
credit ceiling for any calendar year shall apply to such
building for all months in the credit period ending during or
after such calendar year.
``(B) Ceiling for allocation year reduced by entire credit
amount.--Any rental reduction credit amount allocated to any
qualified building out of an allocating agency's State rental
reduction credit ceiling for any calendar year shall reduce
such ceiling for such calendar year by the entire amount so
allocated for all months in the credit period (as determined
on the basis of the estimates under paragraph (2)(B)) and no
reduction shall be made in such agency's State rental
reduction credit ceiling for any subsequent calendar year by
reason of such allocation.
``(4) State rental reduction credit ceiling.--
``(A) In general.--The State rental reduction credit
ceiling applicable to any State for any calendar year shall
be an amount equal to the sum of--
``(i) the greater of--
``(I) the per capita dollar amount multiplied by the State
population, or
``(II) the minimum ceiling amount, plus
``(ii) the amount of the State rental reduction credit
ceiling returned in the calendar year.
``(B) Return of state ceiling amounts.--For purposes of
subparagraph (A)(ii), except as provided in subsection
(d)(2), the amount of the State rental reduction credit
ceiling returned in a calendar year equals the amount of the
rental reduction credit amount allocated to any building
which, after the close of the calendar year for which the
allocation is made--
``(i) is canceled by mutual consent of the rental reduction
credit agency and the taxpayer because the estimates made
under paragraph (2)(B) were substantially incorrect, or
``(ii) is canceled by the rental reduction credit agency
because the taxpayer violates the qualified rental reduction
agreement and, under the terms of the agreement, the rental
reduction credit agency is authorized to cancel all (or any
portion) of the allocation by reason of the violation.
``(C) Per capita dollar amount; minimum ceiling amount.--
For purposes of this paragraph--
``(i) Per capita dollar amount.--The per capita dollar
amount is--
``(I) for each of calendar years 2021, 2022, 2023, 2024,
and 2025, $14.35, and
``(II) for any calendar year after 2025, zero.
``(ii) Minimum ceiling amount.--The minimum ceiling amount
is--
``(I) for each of calendar years 2021, 2022, 2023, 2024,
and 2025, $25,000,000, and
``(II) for any calendar year after 2025, zero.
``(D) Population.--For purposes of this paragraph,
population shall be determined in accordance with section
146(j).
``(E) Unused rental reduction credit allocated among
certain states.--
``(i) In general.--The unused rental reduction credit of a
State for any calendar year shall be assigned to the
Secretary for allocation among qualified States for the
succeeding calendar year.
``(ii) Unused rental reduction credit.--For purposes of
this subparagraph, the unused rental reduction credit of a
State for any calendar year is the excess (if any) of--
``(I) the State rental reduction credit ceiling for the
year preceding such year, over
``(II) the aggregate rental reduction credit amounts
allocated for such year.
``(iii) Formula for allocation of unused credit among
qualified states.--The amount allocated under this
subparagraph to a qualified State for any calendar year shall
be the amount determined by the Secretary to bear the same
ratio to the aggregate unused rental reduction credits of all
States for the preceding calendar year as such State's
population for the calendar year bears to the population of
all qualified States for the calendar year. For purposes of
the preceding sentence, population shall be determined in
accordance with section 146(j).
``(iv) Qualified state.--For purposes of this subparagraph,
the term `qualified State' means, with respect to a calendar
year, any State--
``(I) which allocated its entire State rental reduction
credit ceiling for the preceding calendar year, and
``(II) for which a request is made (at such time and in
such manner as the Secretary may prescribe) to receive an
allocation under clause (iii).
``(5) Other definitions.--For purposes of this section--
``(A) Rental reduction credit agency.--The term `rental
reduction credit agency' means any agency authorized by a
State to carry out this section. Such authorization shall
include the jurisdictions within the State where the agency
may allocate rental reduction credit amounts.
``(B) Possessions treated as states.--The term `State'
includes a possession of the United States.
``(C) Family.--The term `family' has the same meaning as
when used in the United States Housing Act of 1937.
``(d) Modifications to Correct Inaccurate Amounts Due to
Incorrect Estimates.--
``(1) Establishment of reserves.--
``(A) In general.--Each rental reduction credit agency of a
State shall establish a reserve for the transfer and
reallocation of amounts pursuant to this paragraph, and
notwithstanding any other provision of this section, the
rental reduction credit amount allocated to any building by
such agency shall be zero unless such agency has in effect
such a reserve at the time of the allocation of such credit
amount.
``(B) Transfers to reserve.--
``(i) In general.--If, for any taxable year, a taxpayer
would (but for this subparagraph) not be able to use the
entire rental reduction credit amount allocated to a
qualified building by a rental reduction credit agency of a
State for the taxable year because of a rental reduction
shortfall, then the taxpayer shall for the taxable year
transfer to the reserve established by such agency under
subparagraph (A) an amount equal to such rental reduction
shortfall.
``(ii) Rental reduction shortfall.--For purposes of this
subparagraph, the rental reduction shortfall for any
qualified building for any taxable year is the amount by
which the aggregate amount of the excesses determined under
subsection (b)(1) for all eligible units within such building
are less than such aggregate amount estimated under
subsection (c)(2)(B) for the taxable year.
``(iii) Treatment of transferred amount.--For purposes of
subsection (a)(2)(A), the aggregate qualified rental
reduction amounts for all eligible units within a qualified
building with respect to which clause (i) applies for any
taxable year shall be increased by an amount equal to the
applicable percentage (determined under subsection (e)(1) for
the building) of the amount of the transfer to the reserve
under clause (i) with respect to such building for such
taxable year.
``(C) Reallocation of amounts transferred.--
``(i) In general.--If, for any taxable year--
``(I) the aggregate qualified rental reduction amounts for
all eligible units within a qualified building for the
taxable year exceed
``(II) the rental reduction credit amount allocated to such
building by a rental reduction credit agency of a State for
the taxable year (determined after any increase under
paragraph (2)),
the rental reduction credit agency shall, upon application of
the taxpayer, pay to the taxpayer from the reserve
established by such agency under subparagraph (A) the amount
which, when multiplied by the applicable percentage
(determined under subsection (e)(1) for the building), equals
such excess. If the amount in the reserve is less than the
amounts requested by all taxpayers for taxable years ending
within the same calendar year, the agency shall ratably
reduce the amount of each payment otherwise required to be
made.
``(ii) Excess reserve amounts.--If a rental reduction
credit agency of a State determines that the balance in its
reserve is in excess of the amounts reasonably needed over
the following 5 calendar years to make payments under clause
(i), the agency may withdraw such excess but only to--
``(I) reduce the rental payments of eligible tenants in a
qualified building in units other than eligible units, or of
eligible tenants in units in a building other than a
qualified building, to amounts no higher than the sum of
rental payments required for eligible tenants in qualified
buildings under subsection (b)(3) and any rental charges to
such tenants in excess of the market rent standard; or
``(II) address maintenance and repair needs in qualified
buildings that cannot reasonably be met using other resources
available to the owners of such buildings.
[[Page S7797]]
``(D) Administration.--Each rental reduction credit agency
of a State shall establish procedures for the timing and
manner of transfers and payments made under this paragraph.
``(E) Special rule for projects.--In the case of a rental
reduction credit allocated to a project consisting of more
than 1 qualified building, a taxpayer may elect to have this
paragraph apply as if all such buildings were 1 qualified
building if the applicable percentage for each such building
is the same.
``(F) Alternative methods of transfer and reallocation.--
Upon request to, and approval by, the Secretary, a State may
establish an alternative method for the transfer and
reallocation of amounts otherwise required to be transferred
to, and allocated from, a reserve under this paragraph. Any
State adopting an alternative method under this subparagraph
shall, at such time and in such manner as the Secretary
prescribes, provide to the Secretary and the Secretary of
Housing and Urban Development detailed reports on the
operation of such method, including providing such
information as such Secretaries may require.
``(2) Allocation of returned state ceiling amounts.--In the
case of any rental reduction credit amount allocated to a
qualified building which is canceled as provided in
subsection (c)(4)((B)(i), the rental reduction credit agency
may, in lieu of treating such allocation as a returned credit
amount under subsection (c)(4)(A)(ii), elect to allocate,
upon the request of the taxpayer, such amount to any other
qualified building for which the credit amount allocated in
any preceding calendar year was too small because the
estimates made under subsection (c)(2)(B) were substantially
incorrect.
``(3) Renting to noneligible tenants.--If, after the
application of paragraphs (1)(C) (or any similar reallocation
under paragraph (1)(F)) and (2), a rental reduction credit
agency of a State determines that, because of the incorrect
estimates under subsection (c)(2)(B), the aggregate qualified
rental reduction amounts for all eligible units within a
qualified building will (on an ongoing basis) exceed the
rental reduction credit amount allocated to such building, a
taxpayer may elect, subject to subsection (g)(2) and only to
the extent necessary to eliminate such excess, rent vacant
eligible units without regard to the requirements that such
units be rented only to eligible tenants and at the rental
rate determined under subsection (b)(3).
``(e) Terms Relating to Rental Reduction Credit and
Requirements.--For purposes of this section--
``(1) Applicable percentage.--
``(A) In general.--The term `applicable percentage' means,
with respect to any qualified building, the percentage (not
greater than 110 percent) set by the rental reduction credit
agency at the time it allocates the rental reduction dollar
amount to such building.
``(B) Higher percentage for high-opportunity areas.--The
rental reduction credit agency may set a percentage under
subparagraph (A) up to 120 percent for any qualified building
which--
``(i) targets its eligible units for rental to families
with children, and
``(ii) is located in a neighborhood which has a poverty
rate of no more than 10 percent.
``(2) Credit period.--
``(A) In general.--The term `credit period' means, with
respect to any qualified building, the 15-year period
beginning with the first month for which the qualified rental
reduction agreement is in effect with respect to such
building.
``(B) State option to reduce period.--A rental reduction
credit agency may provide a credit period for any qualified
building which is less than 15 years.
``(3) Eligible unit.--
``(A) In general.--The term `eligible unit' means, with
respect to any qualified building, a unit--
``(i) which is occupied by an eligible tenant,
``(ii) the rent of which for any month equals 30 percent of
the monthly family income of the residents of such unit (as
determined under paragraph (5)),
``(iii) with respect to which the tenant is not
concurrently receiving rental assistance under any other
Federal program, and
``(iv) which is certified to the rental reduction credit
agency as an eligible unit for purposes of this section and
the qualified rental reduction agreement.
Notwithstanding clause (iii), a State may provide in its
State rental reduction allocation plan that an eligible unit
shall also not include a unit with respect to which any
resident is receiving rental assistance under a State or
local program.
``(B) Limitation on number of units.--
``(i) In general.--The number of units which may be
certified as eligible units with respect to any qualified
building under subparagraph (A)(iv) at any time shall not
exceed the greater of--
``(I) 40 percent of the total units in such building, or
``(II) 25 units.
In the case of an allocation to a project under subsection
(c)(1)(B), the limitation under the preceding sentence shall
be applied on a project basis and the certification of such
eligible units shall be allocated to each building in the
project, except that if buildings in such project are on non-
contiguous tracts of land, buildings on each such tract shall
be treated as a separate project for purposes of applying
this sentence.
``(ii) Buildings receiving previous federal rental
assistance.--If, at any time prior to the entering into of a
qualified rental reduction agreement with respect to a
qualified building, tenants in units within such building had
been receiving project-based rental assistance under any
other Federal program, then, notwithstanding clause (i), the
maximum number of units which may be certified as eligible
units with respect to the building under subparagraph (A)(iv)
shall not be less than the sum of--
``(I) the maximum number of units in the building
previously receiving such assistance at any time before the
agreement takes effect, plus
``(II) the amount determined under clause (i) without
taking into account the units described in subclause (I).
``(4) Eligible tenant.--
``(A) In general.--The term `eligible tenant' means any
individual if the individual's family income does not exceed
the greater of--
``(i) 30 percent of the area median gross income (as
determined under section 42(g)(1)), or
``(ii) the applicable poverty line for a family of the size
involved.
``(B) Treatment of individuals whose incomes rise above
limit.--
``(i) In general.--Notwithstanding an increase in the
family income of residents of a unit above the income
limitation applicable under subparagraph (A), such residents
shall continue to be treated as eligible tenants if the
family income of such residents initially met such income
limitation and such unit continues to be certified as an
eligible unit under this section.
``(ii) No rental reduction for at least 2 years.--A
qualified rental reduction agreement with respect to a
qualified building shall provide that if, by reason of an
increase in family income described in clause (i), there is
no qualified rental reduction amount with respect to the
dwelling unit for 2 consecutive years, the taxpayer shall
rent the next available unit to an eligible tenant (without
regard to whether such unit is an eligible unit under this
section).
``(C) Applicable poverty line.--The term `applicable
poverty line' means the most recently published poverty line
(within the meaning of section 2110(c)(5) of the Social
Security Act (42 U.S.C. 1397jj(c)(5))) as of the time of the
determination as to whether an individual is an eligible
tenant.
``(5) Family income.--
``(A) In general.--Family income shall be determined in the
same manner as under section 8 of the United States Housing
Act of 1937.
``(B) Time for determining income.--
``(i) In general.--Except as provided in this subparagraph,
family income shall be determined at least annually on the
basis of income for the preceding calendar year.
``(ii) Families on fixed income.--If at least 90 percent of
the family income of the residents of a unit at the time of
any determination under clause (i) is derived from payments
under title II or XVI of the Social Security Act (or any
similar fixed income amounts specified by the Secretary), the
taxpayer may elect to treat such payments (or amounts) as the
family income of such residents for the year of the
determination and the 2 succeeding years, except that the
taxpayer shall, in such manner as the Secretary may
prescribe, adjust such amount for increases in the cost of
living.
``(iii) Initial income.--The Secretary may allow a State to
provide that the family income of residents at the time such
residents first rent a unit in a qualified building may be
determined on the basis of current or anticipated income.
``(iv) Special rules where family income is reduced.-- If
residents of a unit establish (in such manner as the rental
reduction credit agency provides) that their family income
has been reduced by at least 10 percent below such income for
the determination year--
``(I) such residents may elect, at such time and in such
manner as such agency may prescribe, to have their family
income redetermined, and
``(II) clause (ii) shall not apply to any of the 2
succeeding years described in such clause which are specified
in the election.
``(f) State Rental Reduction Allocation Plan.--
``(1) Adoption of plan required.--
``(A) In general.--For purposes of this section--
``(i) each State shall, before the allocation of its State
rental reduction credit ceiling, establish and have in effect
a State rental reduction allocation plan, and
``(ii) notwithstanding any other provision of this section,
the rental reduction credit amount allocated to any building
shall be zero unless such amount was allocated pursuant to a
State rental reduction allocation plan.
Such plan shall only be adopted after such plan is made
public and at least 60 days has been allowed for public
comment.
``(B) State rental reduction allocation plan.--For purposes
of this section, the term `State rental reduction allocation
plan' means, with respect to any State, any plan of the State
meeting the requirements of paragraphs (2) and (3).
``(2) General plan requirements.--A plan shall meet the
requirements of this paragraph only if--
``(A) the plan sets forth the criteria and priorities which
a rental reduction credit
[[Page S7798]]
agency of the State shall use in allocating the State rental
reduction credit ceiling to eligible units within a building,
``(B) the plan provides that no credit allocation shall be
made which is not in accordance with the criteria and
priorities set forth under subparagraph (A) unless such
agency provides a written explanation to the general public
for any credit allocation which is not so made and the
reasons why such allocation is necessary, and
``(C) the plan provides that such agency is required to
prioritize the renewal of existing credit allocations at the
time of the expiration of the qualified rental reduction
agreement with respect to the allocation, including, where
appropriate, a commitment within a qualified rental reduction
agreement that the credit allocation will be renewed if the
terms of the agreement have been met and sufficient new
credit authority is available.
``(3) Specific requirements.--A plan shall meet the
requirements of this paragraph only if--
``(A) the plan provides methods for determining--
``(i) the amount of rent which would be charged for a
substantially similar unit in the same building which is not
an eligible unit for purposes of subsection (b)(2)(A)(i),
including whether such determination may be made by self-
certification or by undertaking rent reasonableness
assessments similar to assessments required under section
8(o)(10) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(10)),
``(ii) the qualified rental reduction amounts under
subsection (c)(2)(B), and
``(iii) the applicable percentage under subsection (e)(1),
``(B) the plan provides a procedure that the rental
reduction credit agency (or an agent or other private
contractor of such agency) will follow in monitoring for--
``(i) noncompliance with the provisions of this section and
the qualified rental reduction agreement and in notifying the
Internal Revenue Service of any such noncompliance of which
such agency becomes aware, and
``(ii) noncompliance with habitability standards through
regular site visits,
``(C) the plan requires a person receiving a credit
allocation to report to the rental reduction credit agency
such information as is necessary to ensure compliance with
the provisions of this section and the qualified rental
reduction agreement, and
``(D) the plan provides methods by which any excess reserve
amounts which become available under subsection (d)(1)(C)(ii)
will be used to reduce rental payments of eligible tenants or
to address maintenance and repair needs in qualified
buildings, including how such assistance will be allocated
among eligible tenants and qualified buildings.
``(g) Qualified Rental Reduction Agreement.--For purposes
of this section--
``(1) In general.--The term `qualified rental reduction
agreement' means, with respect to any building which is
residential rental property (as defined in section
168(e)(2)(A)), a written, binding agreement between a rental
reduction credit agency and the taxpayer which specifies--
``(A) the number of eligible units within such building for
which a rental reduction credit amount is being allocated,
``(B) the credit period for such building,
``(C) the rental reduction credit amount allocated to such
building (and dwelling units within such building) and the
portion of such amount allocated to each month within the
credit period under subsection (c)(2)(B),
``(D) the applicable percentage to be used in computing the
qualified rental reduction amounts with respect to the
building,
``(E) the method for determining the amount of rent which
may be charged for eligible units within the building, and
``(F) whether--
``(i) the agency commits to entering into a new agreement
with the taxpayer if the terms of the agreement have been met
and sufficient new credit authority is available for such new
agreement, and
``(ii) the taxpayer is required to accept such new
agreement.
``(2) Tenant protections.--A qualified rental reduction
agreement shall provide the following:
``(A) Non-displacement of non-eligible tenants.--A taxpayer
receiving a rental reduction credit amount may not refuse to
renew the lease of or evict (other than for good cause) a
tenant of a unit who is not an eligible tenant at any time
during the credit period and such unit shall not be treated
as an eligible unit while such tenant resides there.
``(B) Only good cause evictions of eligible tenants.--A
taxpayer receiving a rental reduction credit amount may not
refuse to renew the lease of or evict (other than for good
cause) an eligible tenant of an eligible unit.
``(C) Mobility.--A taxpayer receiving a rental reduction
credit amount shall--
``(i) give priority to rent any available unit of suitable
size to tenants who are eligible tenants who are moving from
another qualified building where such tenants had lived at
least 1 year and were in good standing, and
``(ii) inform eligible tenants within the building of their
right to move after 1 year and provide a list maintained by
the State of qualified buildings where such tenants might
move.
``(iii) Fair housing and civil rights.--If a taxpayer
receives a rental reduction credit amount--
``(I) such taxpayer shall comply with the Fair Housing Act
with respect to the building, and
``(II) the receipt of such amount shall be treated as the
receipt of Federal financial assistance for purposes of
applying any Federal civil rights laws.
``(iv) Admissions preferences.--A taxpayer receiving a
rental reduction credit amount shall comply with any
admissions preferences established by the State for tenants
within particular demographic groups eligible for health or
social services.
``(3) Compliance requirements.--A qualified rental
reduction agreement shall provide that a taxpayer receiving a
rental reduction credit amount shall comply with all
reporting and other procedures established by the State to
ensure compliance with this section and such agreement.
``(4) Projects.--In the case of a rental reduction credit
allocated to a project consisting of more than 1 building,
the rental reduction credit agency may provide for a single
qualified rental reduction agreement which applies to all
buildings which are part of such project.
``(h) Certifications and Other Reports to Secretary.--
``(1) Certification with respect to 1st year of credit
period.--Following the close of the 1st taxable year in the
credit period with respect to any qualified building, the
taxpayer shall certify to the Secretary (at such time and in
such form and in such manner as the Secretary prescribes)--
``(A) the information described in subsection (g)(1)
required to be contained in the qualified rental reduction
agreement with respect to the building, and
``(B) such other information as the Secretary may require.
In the case of a failure to make the certification required
by the preceding sentence on the date prescribed therefor,
unless it is shown that such failure is due to reasonable
cause and not to willful neglect, no credit shall be
allowable by reason of subsection (a) with respect to such
building for any taxable year ending before such
certification is made.
``(2) Annual reports to the secretary.--The Secretary may
require taxpayers to submit an information return (at such
time and in such form and manner as the Secretary prescribes)
for each taxable year setting forth--
``(A) the information described in paragraph (1)(A) for the
taxable year, and
``(B) such other information as the Secretary may require.
The penalty under section 6652(j) shall apply to any failure
to submit the return required by the Secretary under the
preceding sentence on the date prescribed therefor.
``(3) Annual reports from rental reduction credit agency.--
``(A) Reports.--Each rental reduction credit agency which
allocates any rental reduction credit amount to 1 or more
buildings for any calendar year shall submit to the Secretary
(at such time and in such manner as the Secretary shall
prescribe) an annual report specifying--
``(i) the amount of rental reduction credit amounts
allocated to each such building for such year,
``(ii) sufficient information to identify each such
building and the taxpayer with respect thereto,
``(iii) information as to the demographic and income
characteristics of eligible tenants of all such buildings to
which such amounts were allocated, and
``(iv) such other information as the Secretary may require.
``(B) Penalty.--The penalty under section 6652(j) shall
apply to any failure to submit the report required by
subparagraph (A) on the date prescribed therefor.
``(C) Information made public.--The Secretary shall, in
consultation with Secretary of Housing and Urban Development,
make information reported under this paragraph for each
qualified building available to the public annually to the
greatest degree possible without disclosing personal
information about individual tenants.
``(i) Regulations and Guidance.--The Secretary shall
prescribe such regulations or guidance as may be necessary to
carry out the purposes of this section, including--
``(1) providing necessary forms and instructions, and
``(2) providing for proper treatment of projects for which
a credit is allowed both under this section and section
42.''.
(b) Administrative Fees.-- No provision of, or amendment
made by, this section shall be construed to prevent a rental
reduction credit agency of a State from imposing fees to
cover its costs or from levying any such fee on a taxpayer
applying for or receiving a rental reduction credit amount.
(c) Conforming Amendments.--
(1) Section 6211(b)(4) of such Code is amended by inserting
``36C,'' after ``36B,''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 36B the
following new item:
``Sec. 36C. Renters credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2020.
[[Page S7799]]
SEC. 7002. MINIMUM CREDIT RATE.
(a) In General.--Subsection (b) of section 42 of the
Internal Revenue Code of 1986 is amended--
(1) by redesignating paragraph (3) as paragraph (4), and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Minimum credit rate.--In the case of any new or
existing building to which paragraph (2) does not apply, the
applicable percentage shall not be less than 4 percent.''.
(b) Effective Date.--The amendments made by this section
shall apply to buildings which receive allocations of housing
credit dollar amount or, in the case of projects financed by
tax-exempt bonds as described in section 42(h)(4) of the
Internal Revenue Code of 1986, which are placed in service by
the taxpayer after January 20, 2020.
TITLE VIII--EXPANDING MEDICAID COVERAGE
SEC. 8001. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY
ELIGIBLE INDIVIDUALS.
(a) In General.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(1) in subsection (y)(1)--
(A) in subparagraph (A), by striking ``2014, 2015, and
2016'' and inserting ``each of the first 3 consecutive 12-
month periods in which the State provides medical assistance
to newly eligible individuals'';
(B) in subparagraph (B), by striking ``2017'' and inserting
``the fourth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
(C) in subparagraph (C), by striking ``2018'' and inserting
``the fifth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
(D) in subparagraph (D), by striking ``2019'' and inserting
``the sixth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
and
(E) in subparagraph (E), by striking ``2020 and each year
thereafter'' and inserting ``the seventh consecutive 12-month
period in which the State provides medical assistance to
newly eligible individuals and each such period thereafter'';
and
(2) in subsection (z)(2)(B)(i)(II), by inserting ``(as in
effect on the day before the date of enactment of the
Economic Justice Act)'' after ``subsection (y)(1)''.
(b) Retroactive Application.--The amendments made by
subsection (a)(1) shall take effect as if included in the
enactment of Public Law 111-148 and shall apply to amounts
expended by any State for medical assistance for newly
eligible individuals described in subclause (VIII) of section
1902(a)(10)(A)(i) of the Social Security Act under a State
Medicaid plan (or a waiver of such plan) during the period
before the date of enactment of this Act.
TITLE IX--ADDRESSING MATERNAL MORTALITY AND HEALTH
SEC. 9001. EXPANDING MEDICAID COVERAGE FOR PREGNANT
INDIVIDUALS.
(a) Extending Continuous Medicaid and CHIP Coverage for
Pregnant and Postpartum Women.--
(1) Medicaid.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended--
(A) in section 1902(e)(6), by striking ``60-day period''
and inserting ``365-day period'';
(B) in section 1902(l)(1)(A), by striking ``60-day period''
and inserting ``365-day period'';
(C) in section 1903(v)(4)(A)(i), by striking ``60-day
period'' and inserting ``365-day period''; and
(D) in section 1905(a), in the 4th sentence in the matter
following paragraph (30), by striking ``60-day period'' and
inserting ``365-day period''.
(2) CHIP.--Section 2112 of the Social Security Act (42
U.S.C. 1397ll) is amended by striking ``60-day period'' each
place it appears and inserting ``365-day period''.
(b) Requiring Full Benefits for Pregnant and Postpartum
Women.--
(1) Medicaid.--
(A) In general.--Paragraph (5) of section 1902(e) of the
Social Security Act (24 U.S.C. 1396a(e)) is amended to read
as follows:
``(5) Any woman who is eligible for medical assistance
under the State plan or a waiver of such plan, including an
individual eligible for a pregnancy-related benefit or whose
eligibility under such plan or waiver is limited to a
particular illness or disorder or type of services provided,
and who is, or who while so eligible becomes, pregnant, shall
continue to be eligible under the plan or waiver for medical
assistance through the end of the month in which the 365-day
period (beginning on the last day of her pregnancy) ends,
regardless of the basis for the woman's eligibility for
medical assistance, including if the woman's eligibility for
medical assistance is on the basis of being pregnant, is for
a pregnancy-related benefit, or is limited to a particular
illness or disorder or type of services provided.''.
(B) Conforming amendment.--Section 1902(a)(10) of the
Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in
the matter following subparagraph (G) by striking ``(VII) the
medical assistance'' and all that follows through
``complicate pregnancy,''.
(2) CHIP.--Section 2107(e)(1) of the Social Security Act
(42 U.S.C. 1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (H) through (S) as
subparagraphs (I) through (T), respectively; and
(B) by inserting after subparagraph (G), the following:
``(H) Section 1902(e)(5) (requiring 365-day continuous
coverage for pregnant and postpartum women).''.
(c) Requiring Coverage of Oral Health Services for Pregnant
and Postpartum Women.--
(1) Medicaid.--Section 1905 of the Social Security Act (42
U.S.C. 1396d) is amended--
(A) in subsection (a)(4)--
(i) by striking ``; and (D)'' and inserting ``; (D)''; and
(ii) by inserting ``; and (E) oral health services for
pregnant and postpartum women (as defined in subsection
(gg))'' after ``subsection (bb))''; and
(B) by adding at the end the following new subsection:
``(gg) Oral Health Services for Pregnant and Postpartum
Women.--
``(1) In general.--For purposes of this title, the term
`oral health services for pregnant and postpartum women'
means dental services necessary to prevent disease and
promote oral health, restore oral structures to health and
function, and treat emergency conditions that are furnished
to a woman during pregnancy (or during the 365-day period
beginning on the last day of the pregnancy).
``(2) Coverage requirements.--To satisfy the requirement to
provide oral health services for pregnant and postpartum
women, a State shall, at a minimum, provide coverage for
preventive, diagnostic, periodontal, and restorative care
consistent with recommendations for perinatal oral health
care and dental care during pregnancy from the American
Academy of Pediatric Dentistry and the American College of
Obstetricians and Gynecologists.''.
(2) CHIP.--Section 2103(c)(6)(A) of the Social Security Act
(42 U.S.C. 1397cc(c)(6)(A)) is amended by inserting ``or a
targeted low-income pregnant woman'' after ``targeted low-
income child''.
(d) Maintenance of Effort.--
(1) Medicaid.--Section 1902 of the Social Security Act (42
U.S.C. 1396a) is amended--
(A) in paragraph (74), by striking ``subsection (gg); and''
and inserting ``subsections (gg) and (tt);''; and
(B) by adding at the end the following new subsection:
``(tt) Maintenance of Effort Related to Low-Income Pregnant
Women.--For calendar quarters beginning on or after January
1, 2021, and before January 1, 2024, the Federal medical
assistance percentage otherwise determined under section
1905(b) for a State for the quarter shall be reduced by 0.5
percentage points if the State--
``(1) has in effect under such plan eligibility standards,
methodologies, or procedures (including any enrollment cap or
other numerical limitation on enrollment, any waiting list,
any procedures designed to delay the consideration of
applications for enrollment, or similar limitation with
respect to enrollment) for individuals described in
subsection (l)(1) who are eligible for medical assistance
under the State plan or waiver under subsection
(a)(10)(A)(ii)(IX) that are more restrictive than the
eligibility standards, methodologies, or procedures,
respectively, for such individuals under such plan or waiver
that are in effect on the date of the enactment of this
subsection; or
``(2) provides medical assistance to individuals described
in subsection (l)(1) who are eligible for medical assistance
under such plan or waiver under subsection (a)(10)(A)(ii)(IX)
at a level that is less than the level at which the State
provides such assistance to such individuals under such plan
or waiver on the date of the enactment of this subsection.''.
(2) CHIP.--Section 2112 of the Social Security Act (42
U.S.C. 1397ll), as amended by subsection (b), is further
amended by adding at the end the following subsection:
``(g) Maintenance of Effort.--For calendar quarters
beginning on or after January 1, 2021, and before January 1,
2024, the enhanced Federal medical assistance percentage
otherwise determined for a State for the quarter under
section 2105(b) shall be reduced by 0.5 percentage points if
the State--
``(1) has in effect under such plan eligibility standards,
methodologies, or procedures (including any enrollment cap or
other numerical limitation on enrollment, any waiting list,
any procedures designed to delay the consideration of
applications for enrollment, or similar limitation with
respect to enrollment) for targeted low-income pregnant women
that are more restrictive than the eligibility standards,
methodologies, or procedures, respectively, under such plan
that are in effect on the date of the enactment of this
subsection; or
``(2) provides pregnancy-related assistance to targeted
low-income pregnant women under such plan at a level that is
less than the level at which the State provides such
assistance to such women under such plan on the date of the
enactment of this subsection.''.
(e) Effective Date.--The amendments made by subsections (a)
through (d) shall take effect January 1, 2021, without regard
to whether final regulations to carry out such amendments
have been promulgated as of such date.
SEC. 9002. COMMUNITY ENGAGEMENT IN MATERNAL MORTALITY REVIEW
COMMITTEES.
(a) In General.--Section 317K of the Public Health Service
Act (42 U.S.C. 247b-12) is amended--
(1) in subsection (d), by adding at the end the following:
[[Page S7800]]
``(9) Grants to promote representative community engagement
in maternal mortality review committees.--
``(A) In general.--The Secretary, using funds made
available pursuant to subparagraph (C), may provide
assistance to an applicable maternal mortality review
committee of a State, Indian tribe, tribal organization, or
urban Indian organization, for purposes of--
``(i) selecting for inclusion in the membership of such a
committee community members from the State, Indian tribe,
tribal organization, or urban Indian organization, and, in
making such selections, prioritizing community members who
can increase the diversity of the committee's membership with
respect to race and ethnicity, location, and professional
background, including members with non-clinical experiences;
``(ii) to the extent applicable, addressing barriers to
maternal mortality review committee participation for
community members, including required training,
transportation barriers, compensation, and other supports as
may be necessary;
``(iii) establishing initiatives to conduct outreach and
community engagement efforts within communities throughout
the State or Indian Tribe to seek input from community
members on the work of such maternal mortality review
committee, with a particular focus on outreach to women of
color; and
``(iv) releasing public reports assessing--
``(I) the pregnancy-related death and pregnancy-associated
death review processes of the maternal mortality review
committee, with a particular focus on the maternal mortality
review committee's sensitivity to the unique circumstances of
women of color who have suffered pregnancy-related deaths;
and
``(II) the impact of the use of funds made available under
subparagraph (C) on increasing the diversity of the maternal
mortality review committee membership and promoting community
engagement efforts throughout the State or Indian tribe.
``(B) Technical assistance.--The Secretary shall provide
(either directly through the Department of Health and Human
Services or by contract) technical assistance to any maternal
mortality review committee receiving a grant under this
paragraph on best practices for increasing the diversity of
the maternal mortality review committee's membership and for
conducting effective community engagement throughout the
State or Indian tribe.
``(C) Appropriations.--In addition to any funds made
available under subsections (g) and (h)(1), to carry out this
paragraph, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $10,000,000 for each of fiscal years
2021 through 2025.''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3)(B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the term `urban Indian organization' has the meaning
given the term in section 4 of the Indian Health Care
Improvement Act.''.
(b) Reservation of Funds.--Section 317K(f) of the Public
Health Service Act (42 U.S.C. 247b-12(f)) is amended by
adding at the end the following: ``Of the amount made
available under this subsection for fiscal year 2021 and any
subsequent fiscal year, not less than $3,000,000 shall be
reserved for grants to Indian tribes, tribal organizations,
or urban Indian organizations.''.
SEC. 9003. INCREASED MATERNAL LEVELS OF CARE IN COMMUNITIES
OF COLOR.
Section 317K of the Public Health Service Act (42 U.S.C.
247b-12), as amended by section 9002, is further amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(2) by inserting after subsection (d) the following:
``(e) Levels of Maternal and Neonatal Care.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall establish or continue in effect a program to award
competitive grants to eligible entities to assist with the
classification of birthing facilities based on the level of
risk-appropriate maternal and neonatal care such entities can
provide in order to strategically improve maternal and infant
care delivery and health outcomes.
``(2) Use of funds.--An eligible entity receiving a grant
under this subsection shall use such funds to--
``(A) coordinate an assessment of the risk-appropriate
maternal and neonatal care of a State, jurisdiction, or
region, based on the most recent guidelines and policy
statements issued by the professional associations
representing relevant clinical specialties, including
obstetrics and gynecology and pediatrics; and
``(B) work with relevant stakeholders, such as hospitals,
hospital associations, perinatal quality collaboratives,
members of the communities most affected by racial, ethnic,
and geographic maternal health inequities, maternal mortality
review committees, and maternal and neonatal health care
providers and community-based birth workers to review the
findings of the assessment made of activities carried out
under subparagraph (A); and
``(C) implement changes, as appropriate, based on
identified gaps in perinatal services and differences in
maternal and neonatal outcomes in the State, jurisdiction, or
region for which such an assessment was conducted to support
the provision of risk-appropriate care, including building up
capacity as needed in communities experiencing high rates of
maternal mortality and severe maternal morbidity and
communities of colors.
``(3) Eligible entities.--To be eligible for a grant under
this subsection, a State health department, Indian tribe, or
other organization serving Indian tribes, such as a tribal
health department or other organization fulfilling similar
functions for the Indian tribe, shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(4) Period.--A grant awarded under this subsection shall
be made for a period of 3 years. Any supplemental award made
to a grantee under this subsection may be made for a period
of less than 3 years.
``(5) Report to congress.--Not later than January 1, 2023,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, and make publicly available, a report
concerning the impact of the programs established or
continued under this subsection.''; and
(3) by adding at the end the following:
``(h) Additional Funding.--
``(1) Appropriations for maternal mortality review
committees.--In addition to any funds made available under
subsection (g) or subsection (d)(9)(C), to carry out
subsection (d), there are authorized to be appropriated, and
there are appropriated, out of amounts in the Treasury not
otherwise appropriated, $30,000,000 for each of fiscal years
2021 through 2025.
``(2) Appropriations for increasing maternal levels of
care.--In addition to any funds made available under
subsection (g), to carry out this section, there are
authorized to be appropriated, and there are appropriated,
out of amounts in the Treasury not otherwise appropriated,
$30,000,000 for each of fiscal years 2021 through 2025.''.
SEC. 9004. REPORTING ON PREGNANCY-RELATED AND PREGNANCY-
ASSOCIATED DEATHS AND COMPLICATIONS.
(a) In General.--The Secretary of Health and Human Services
shall encourage each State to voluntarily submit to the
Secretary annual reports containing the findings of the
maternal mortality review committee of the State with respect
to each maternal death in the State that the committee
reviewed during the applicable year.
(b) Maternal and Infant Health.--The Director of the
Centers for Disease Control and Prevention shall--
(1) update the Pregnancy Mortality Surveillance System or
develop a separate system so that such system is capable of
including data obtained from State maternal mortality review
committees; and
(2) provide technical assistance to States in reviewing
cases of pregnancy-related complications and pregnancy-
associated complications, including assistance with
disaggregating data based on race, ethnicity, and other
protected classes.
SEC. 9005. RESPECTFUL MATERNITY CARE COMPLIANCE PROGRAM.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
award grants to accredited hospitals, health systems, and
other maternity care delivery settings to establish within
one or more hospitals or other birth settings a respectful
maternity care compliance office.
(b) Office Requirements.--A respectful maternity care
compliance office funded through a grant under this section
shall--
(1) institutionalize mechanisms to allow patients receiving
maternity care services, the families of such patients, or
doulas or other perinatal workers supporting such patients to
report instances of disrespect or evidence of bias on the
basis of race, ethnicity, or another protected class;
(2) institutionalize response mechanisms through which
representatives of the office can directly follow up with the
patient, if possible, and the reporter in a timely manner;
(3) prepare and make publicly available a hospital- or
health system-wide strategy to reduce bias on the basis of
race, ethnicity, or another protected class in the delivery
of maternity care that includes--
(A) information on the training programs to reduce and
prevent bias, racism, and discrimination on the basis of
race, ethnicity, or another protected class for all employees
in maternity care settings; and
(B) the development of methods to routinely assess the
extent to which bias, racism, or discrimination on the basis
of race, ethnicity, or another protected class are present in
the delivery of maternity care to patients; and
(4) provide annual reports to the Secretary with
information about each case reported to the compliance office
over the course of the year containing such information as
the Secretary may require, such as--
(A) de-identified demographic information on the patient in
the case, such as race, ethnicity, sex (including sexual
orientation and gender identity), and primary language;
(B) the content of the report from the patient or the
family of the patient to the compliance office; and
[[Page S7801]]
(C) the response from the compliance office.
(c) Secretary Requirements.--
(1) Processes.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish
processes for--
(A) disseminating best practices for establishing and
implementing a respectful maternity care compliance office
within a hospital or other birth setting;
(B) promoting coordination and collaboration between
hospitals, health systems, and other maternity care delivery
settings on the establishment and implementation of
respectful maternity care compliance offices; and
(C) evaluating the effectiveness of respectful maternity
care compliance offices on maternal health outcomes and
patient and family experiences, especially for women of color
and their families.
(2) Study.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, through a contract with
an independent research organization, shall conduct a study
on strategies to address disrespect or bias on the basis of
race, ethnicity, or another protected class in the delivery
of maternity care services.
(B) Components of study.--The study under subparagraph (A)
shall include the following:
(i) An assessment of the reports submitted to the Secretary
from the respectful maternity care compliance offices
pursuant to subsection (b)(4).
(ii) Based on the assessment under clause (i),
recommendations for potential accountability mechanisms
related to cases of disrespect or bias on the basis of race,
ethnicity, or another protected class in the delivery of
maternity care services at hospitals and other birth
settings, taking into consideration medical and non-medical
factors that contribute to adverse patient experiences and
maternal health outcomes.
(C) Report.--The Secretary shall submit to Congress and
make publicly available a report on the results of the study
under this paragraph.
(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $10,000,000 for each of fiscal years
2021 through 2025.
SEC. 9006. BIAS TRAINING FOR ALL EMPLOYEES IN MATERNITY CARE
SETTINGS.
Part B of title VII of the Public Health Service Act (42
U.S.C. 293 et seq.) is amended by adding at the end the
following new section:
``SEC. 742. TRAINING FOR ALL EMPLOYEES IN MATERNITY CARE
SETTINGS.
``(a) Grants.--The Secretary shall award grants to eligible
entities for the purposes of carrying out programs to reduce
and prevent bias, racism, and discrimination in maternity
care settings.
``(b) Special Consideration.--In awarding grants under
subsection (a), the Secretary shall give special
consideration to applications for programs that would--
``(1) apply to all birthing professionals and any employees
who interact with pregnant and postpartum women in the
provider setting, including front desk employees,
sonographers, schedulers, health care professionals, hospital
or health system administrators, and security staff;
``(2) emphasize periodic, as opposed to one-time, trainings
for all birthing professionals and employees described in
paragraph (1);
``(3) address implicit bias and explicit bias;
``(4) be delivered in ongoing education settings for
providers maintaining their licenses, with a preference for
trainings that provide continuing education units and
continuing medical education;
``(5) include trauma-informed care best practices and an
emphasis on shared decision-making between providers and
patients;
``(6) include a service-learning component that sends
providers to work in underserved communities to better
understand patients' lived experiences;
``(7) be delivered in undergraduate programs that funnel
into medical schools, such as biology and pre-medicine
majors;
``(8) be delivered at local agencies (as defined in section
17(b) of the Child Nutrition Act of 1966) that provide
benefits or services under the special supplemental nutrition
program for women, infants, and children established by that
section;
``(9) integrate bias training in obstetric emergency
simulation trainings;
``(10) offer training to all maternity care providers on
the value of racially, ethnically, and professionally diverse
maternity care teams to provide culturally sensitive care,
including community health workers, peer supporters,
certified lactation consultants, nutritionists and
dietitians, social workers, home visitors, and navigators; or
``(11) be based on one or more programs designed by a
historically Black college or university.
``(c) Application.--To seek a grant under subsection (a),
an entity shall submit an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(d) Reporting.--Each recipient of a grant under this
section shall annually submit to the Secretary a report on
the status of activities conducted using the grant,
including, as applicable, a description of the impact of
training provided through the grant on patient outcomes and
patient experience for women of color and their families.
``(e) Best Practices.--Based on the annual reports
submitted pursuant to subsection (d), the Secretary--
``(1) shall produce an annual report on the findings
resulting from programs funded through this section including
findings related to effectiveness of such trainings on
improving patient outcomes and patient experience;
``(2) shall disseminate such report to all recipients of
grants under this section and to the public; and
``(3) may include in such report findings on best practices
for improving patient outcomes and patient experience for
women of color and their families in maternity care settings.
``(f) Definition.--In this section the term `postpartum'
means the 1-year period beginning on the last day of a
woman's pregnancy.
``(g) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $15,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 9007. STUDY ON REDUCING AND PREVENTING BIAS, RACISM, AND
DISCRIMINATION IN MATERNITY CARE SETTINGS.
(a) In General.--The Secretary of Health and Human Services
shall seek to enter into an agreement, not later than 90 days
after the date of enactment of this Act, with the National
Academies of Sciences, Engineering, and Medicine (referred to
in this section as the ``National Academies'') under which
the National Academies agree to--
(1) conduct a study on the design and implementation of
programs to reduce and prevent bias, racism, and
discrimination in maternity care settings; and
(2) not later than 2 years after the date of enactment of
this Act, complete the study and transmit a report on the
results of the study to Congress.
(b) Possible Topics.--The agreement entered into pursuant
to subsection (a) may provide for the study of any of the
following:
(1) The development of a scorecard for programs designed to
reduce and prevent bias, racism, and discrimination in
maternity care settings to assess the effectiveness of such
programs in improving patient outcomes and patient experience
for women of color and their families.
(2) Determination of the types of training to reduce and
prevent bias, racism, and discrimination in maternity care
settings that are demonstrated to improve patient outcomes or
patient experience for women of color and their families.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $5,000,000 for fiscal year 2021.
SEC. 9008. MATERNAL HEALTH RESEARCH NETWORK.
Subpart 7 of part C of title IV of the Public Health
Service Act (42 U.S.C. 285g et seq.) is amended by adding at
the end the following:
``SEC. 452H. MATERNAL HEALTH RESEARCH NETWORK.
``(a) Establishment.--The Secretary, acting through the
Director of NIH, shall establish a National Maternal Health
Research Network (referred to in this section as the
`Network'), to more effectively support innovative research
to reduce maternal mortality and promote maternal health.
``(b) Activities.--The Secretary, acting through the
Network, may carry out activities to support mechanistic,
translational, clinical, behavioral, or epidemiologic
research, as well as community-informed research on
structural risk factors to address unmet maternal health
research needs specific to the underlying causes of maternal
mortality and severe maternal morbidity and their treatment.
Such activities should be focused on optimizing improved
diagnostics and clinical treatments, improving health
outcomes, and reducing inequities. Such activities should
include studies focused on racial disparities and
disproportionate maternal mortality and severe maternal
morbidity affecting communities of color.
``(c) Existing Networks.--In carrying out this section, the
Secretary may utilize or coordinate with the Maternal Fetal
Medicine Units Network and the Obstetric-Fetal Pharmacology
Research Centers Network.
``(d) Use of Funds.--Amounts appropriated to carry out this
section may be used to support the Network for activities
related to maternal mortality or severe maternal morbidity
that lead to potential therapies or clinical practices that
will improve maternal health outcomes and reduce inequities.
Amounts provided to such Network shall be used to supplement,
and not supplant, other funding provided to such Network for
such activities.
``(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $100,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 9009. INNOVATION IN MATERNITY CARE TO CLOSE RACIAL AND
ETHNIC MATERNAL HEALTH DISPARITIES IN MENTAL
HEALTH AND SUBSTANCE USE DISORDER TREATMENT
GRANTS.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
[[Page S7802]]
``SEC. 399V-7. INNOVATION IN MATERNITY CARE TO CLOSE RACIAL
AND ETHNIC MATERNAL HEALTH DISPARITIES IN
MENTAL HEALTH AND SUBSTANCE USE DISORDER
TREATMENT GRANTS.
``(a) In General.--The Secretary shall award grants to
eligible entities to establish, implement, evaluate, or
expand innovative models in maternity care that are designed
to improve access to mental health and substance use disorder
treatment.
``(b) Use of Funds.--An eligible entity receiving a grant
under this section may use the grant to establish, implement,
evaluate, or expand innovative models described in subsection
(a) including--
``(1) collaborative maternity care models to improve
maternal mental health, treat maternal substance use
disorders, and reduce maternal mortality and severe maternal
morbidity, especially for women of color;
``(2) evidence-based programming at clinics that--
``(A) provide wraparound services for women with substance
use disorders in the prenatal and postpartum periods that may
include multidisciplinary staff, access to all evidence-based
medication-assisted treatment, psychotherapy, contingency
management, and recovery supports; or
``(B) make referrals for any such services that are not
provided within the clinic;
``(3) evidence-based programs at freestanding birth centers
that provide culturally sensitive maternal mental and
behavioral health care education, treatments, and services,
and other wraparound supports for women throughout the
prenatal and postpartum period; and
``(4) the development and implementation of evidence-based
programs, including toll-free telephone hotlines, that
connect maternity care providers with women's mental health
clinicians to provide maternity care providers with guidance
on addressing maternal mental and behavioral health
conditions identified in patients.
``(c) Special Consideration.--In awarding grants under this
section, the Secretary shall give special consideration to
applications for models that will--
``(1) operate in--
``(A) areas experiencing high rates of maternal mortality;
``(B) areas with severe maternal morbidity;
``(C) communities of color; or
``(D) health professional shortage areas designated under
section 332;
``(2) be led by women of color or women from communities
experiencing high rates of maternal mortality or severe
maternal morbidity; or
``(3) be implemented with a culturally sensitive approach
that is focused on improving outcomes for women of color or
women from communities experiencing high rates of maternal
mortality or severe maternal morbidity.
``(d) Evaluation.--As a condition on receipt of a grant
under this section, an eligible entity shall agree to provide
annual evaluations of the activities funded through the grant
to the Secretary. Such evaluations may address--
``(1) the effects of such activities on maternal health
outcomes and subjective assessments of patient and family
experiences, especially for women of color or women from
communities experiencing high rates of maternal mortality or
severe maternal morbidity; and
``(2) the cost-effectiveness of such activities.
``(e) Definitions.--In this section:
``(1) The term `eligible entity' means any public or
private entity.
``(2) The term `collaborative maternity care' means an
integrated care model that includes the delivery of maternal
mental and behavioral health care services in primary clinics
or other care settings familiar to pregnant and postpartum
patients.
``(3) The term `freestanding birth center' has the meaning
given that term under section 1905(l)(3)(B) of the Social
Security Act.
``(f) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $100,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 9010. GRANTS TO GROW AND DIVERSIFY THE PERINATAL
WORKFORCE.
Title VII of the Public Health Service Act (42 U.S.C. 292
et seq.) is amended by inserting after section 757 (42 U.S.C.
294f) the following:
``SEC. 758. PERINATAL WORKFORCE GRANTS.
``(a) In General.--The Secretary may award grants to
institutions of higher education to establish or expand
programs described in subsection (b) to grow and diversify
the perinatal workforce.
``(b) Use of Funds.--Recipients of grants under this
section shall use the grants to grow and diversify the
perinatal workforce by--
``(1) establishing programs that provide education and
training to individuals seeking appropriate licensing or
certification as--
``(A) physician assistants or nurse practitioners who will
complete clinical training in the field of maternal and
perinatal health; and
``(B) other perinatal health workers such as community
health workers, peer supporters, certified lactation
consultants, nutritionists and dietitians, social workers,
home visitors, and navigators; and
``(2) expanding the capacity of existing programs described
in paragraph (1), for the purposes of increasing the number
of students enrolled in such programs, including by awarding
scholarships for students.
``(c) Prioritization.--In awarding grants under this
section, the Secretary shall give priority to any institution
of higher education that--
``(1) has demonstrated a commitment to recruiting and
retaining students from communities of color, particularly
from demographic groups experiencing high rates of maternal
mortality and severe maternal morbidity including communities
of color;
``(2) has developed a strategy to recruit into, and retain,
a diverse pool of students the perinatal workforce program
supported by funds received through the grant, particularly
from demographic groups experiencing high rates of maternal
mortality and severe maternal morbidity, including
communities of color;
``(3) has developed a strategy to recruit and retain
students who plan to practice in a health professional
shortage area (as defined in section 332) or medically
underserved community (as defined in section 799B);
``(4) has developed a strategy to recruit and retain
students who plan to practice in an area with significant
racial and ethnic disparities in maternal health outcomes,
including communities of color; and
``(5) includes in the standard curriculum for all students
within the perinatal workforce program a bias, racism, or
discrimination training program that includes training on
explicit and implicit bias.
``(d) Reporting.--As a condition on receipt of a grant
under this section for a perinatal workforce program , an
institution of higher education shall agree to submit to the
Secretary an annual report on the activities conducted
through the grant, including--
``(1) the number and demographics of students participating
in the program;
``(2) the extent to which students in the program are
entering careers in--
``(A) health professional shortage areas (as defined in
section 332)or medically underserved community (as defined in
section 799B); and
``(B) areas with significant racial and ethnic disparities
in maternal health outcomes including communities of color;
and
``(3) whether the institution has included in the standard
curriculum for all students a bias, racism, or discrimination
training program that includes explicit and implicit bias,
and if so, the effectiveness of such training program.
``(e) Period of Grants.--The period of a grant under this
section shall be up to 5 years.
``(f) Application.--An entity desiring a grant under this
section shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including any information required for
consideration for priority under subsection (c).
``(g) Technical Assistance.--The Secretary shall provide,
directly or by contract, technical assistance to institutions
of higher education seeking or receiving a grant under this
section on the development, use, evaluation, and post-grant
period sustainability of the perinatal workforce programs or
schools proposed to be, or being, established or expanded
through the grant.
``(h) Report by Secretary.--Not later than 4 years after
the date of enactment of this section, the Secretary shall
prepare and submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, and post on the
internet website of the Department of Health and Human
Services, a report on the effectiveness of the grant program
under this section at--
``(1) recruiting and retaining students from communities
experiencing high rates of maternal mortality and severe
maternal morbidity and communities of color;
``(2) increasing the number of physician assistants or
nurse practitioners who will complete clinical training in
the field of maternal and perinatal health, and other
perinatal health workers, from demographic groups
experiencing high rates of maternal mortality and severe
maternal morbidity and communities of color;
``(3) increasing the number of physician assistants or
nurse practitioners who will complete clinical training in
the field of maternal and perinatal health, and other
perinatal health workers, working in health professional
shortage areas (as defined in section 332)or medically
underserved community (as defined in section 799B); and
``(4) increasing the number of physician assistants or
nurse practitioners who will complete clinical training in
the field of maternal and perinatal health, and other
perinatal health workers, working in areas with significant
racial and ethnic disparities in maternal health outcomes and
communities of color.
``(i) Authorization of Appropriations.--In order to carry
out this section, there are authorized to be appropriated,
and there are appropriated, out of amounts in the Treasury
not otherwise appropriated, $30,000,000 for each of fiscal
years 2021 through 2025.''.
SEC. 9011. GRANTS TO GROW AND DIVERSIFY THE DOULA WORKFORCE.
Title VII of the Public Health Service Act (42 U.S.C. 292
et seq.) is amended by inserting after section 758 (42 U.S.C.
294f) the following:
[[Page S7803]]
``SEC. 758A. DOULA WORKFORCE GRANTS.
``(a) In General.--The Secretary may award grants to
entities to establish or expand programs described in
subsection (b) to grow and diversify the doula workforce.
``(b) Use of Funds.--Recipients of grants under this
section shall use the grants to grow and diversify the doula
workforce by--
``(1) establishing programs that provide education and
training to individuals seeking appropriate training or
certification as doulas; and
``(2) expanding the capacity of existing programs described
in paragraph (1), for the purposes of increasing the number
of students enrolled in such programs, including by awarding
scholarships for students.
``(c) Prioritization.--In awarding grants under this
section, the Secretary shall give priority to any entity
that--
``(1) has demonstrated a commitment to recruiting and
retaining students from underserved communities, particularly
from demographic groups experiencing high rates of maternal
mortality and severe maternal morbidity including communities
of color;
``(2) has developed a strategy to recruit into, and retain,
a diverse pool of students the doula workforce program,
particularly from demographic groups experiencing high rates
of maternal mortality and severe maternal morbidity including
communities of color;
``(3) has developed a strategy to recruit and retain
students who plan to practice in a health professional
shortage area (as defined in section 332) or medically
underserved community (as defined in section 799B);
``(4) has developed a strategy to recruit and retain
students who plan to practice in an area with significant
racial and ethnic disparities in maternal health outcomes
including communities of color; and
``(5) includes in the standard curriculum for all students
a bias, racism, or discrimination training program that
includes training on explicit and implicit bias.
``(d) Reporting.--As a condition on receipt of a grant
under this section for a doula workforce program, an entity
shall agree to submit to the Secretary an annual report on
the activities conducted through the grant, including--
``(1) the number and demographics of students participating
in the program or school;
``(2) the extent to which students in the program or school
are entering careers in--
``(A) health professional shortage areas (as defined in
section 332)or medically underserved community (as defined in
section 799B); and
``(B) areas with significant racial and ethnic disparities
in maternal health outcomes including communities of color;
and
``(3) whether the program or school has included in the
standard curriculum for all students a bias, racism, or
discrimination training program that includes explicit and
implicit bias, and if so, the effectiveness of such training
program.
``(e) Period of Grants.--The period of a grant under this
section shall be up to 5 years.
``(f) Application.--To seek a grant under this section, an
entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including any information necessary
for prioritization under subsection (c).
``(g) Technical Assistance.--The Secretary shall provide,
directly or by contract, technical assistance to institutions
of higher education seeking or receiving a grant under this
section on the development, use, evaluation, and post-grant
period sustainability of the doula workforce programs
proposed to be, or being, established or expanded through the
grant.
``(h) Report by Secretary.--Not later than 4 years after
the date of enactment of this section, the Secretary shall
prepare and submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, and post on the
internet website of the Department of Health and Human
Services, a report on the effectiveness of the grant program
under this section at--
``(1) recruiting student from communities experiencing high
rates of maternal mortality and severe maternal morbidity and
communities of color;
``(2) increasing the number of doulas from demographic
groups experiencing high rates of maternal mortality and
severe maternal morbidity and communities of color;
``(3) increasing the number of doulas working in health
professional shortage areas (as defined in section 332)or
medically underserved community (as defined in section 799B);
and
``(4) increasing the number of doulas working in areas with
significant racial and ethnic disparities in maternal health
outcomes and communities of color.
``(i) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $20,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 9012. GRANTS TO STATE, LOCAL, AND TRIBAL PUBLIC HEALTH
DEPARTMENTS ADDRESSING SOCIAL DETERMINANTS OF
HEALTH FOR PREGNANT AND POSTPARTUM WOMEN.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
award grants to State, local, and Tribal public health
departments to address social determinants of maternal health
in order to reduce or eliminate racial and ethnic disparities
in maternal health outcomes.
(b) Use of Funds.--A public health department receiving a
grant under this section may use funds received through the
grant to--
(1) build capacity and hire staff to coordinate efforts of
the public health department to address social determinants
of maternal health;
(2) develop, and provide for distribution of, resource
lists of available social services for women in the prenatal
and postpartum periods, which social services may include--
(A) transportation vouchers;
(B) housing supports;
(C) child care access;
(D) healthy food access;
(E) nutrition counseling;
(F) lactation supports;
(G) lead testing and abatement;
(H) clean water;
(I) infant formula;
(J) maternal mental and behavioral health care services;
(K) wellness and stress management programs; and
(L) other social services as determined by the public
health department;
(3) in consultation with local stakeholders, establish or
designate a ``one-stop'' resource center that provides
coordinated social services in a single location for women in
the prenatal or postpartum period; or
(4) directly address specific social determinant needs for
the community that are related to maternal health as
identified by the public health department, such as--
(A) transportation;
(B) housing;
(C) child care;
(D) healthy foods;
(E) infant formula;
(F) nutrition counseling;
(G) lactation supports;
(H) lead testing and abatement;
(I) air and water quality;
(J) wellness and stress management programs; and
(K) other social determinants as determined by the public
health department.
(c) Special Consideration.--In awarding grants under
subsection (a), the Secretary shall give special
consideration to State, local, and Tribal public health
departments that--
(1) propose to use the grants to reduce or end racial and
ethnic disparities in maternal mortality and severe maternal
morbidity rates; and
(2) operate in--
(A) areas with high rates of maternal mortality and severe
maternal morbidity; or
(B) areas with high rates of significant racial and ethnic
disparities in maternal mortality and severe maternal
morbidity rates; or
(C) communities of color.
(d) Guidance on Strategies.--In carrying out this section,
the Secretary shall provide guidance to grantees on
strategies for long-term viability of programs funded through
this section after such funding ends.
(e) Reporting.--
(1) By grantees.--As a condition on receipt of a grant
under this section, a grantee shall agree to--
(A) evaluate the activities funded through the grant with
respect to--
(i) maternal health outcomes with a specific focus on
racial and ethnic disparities;
(ii) the subjective assessment of such activities by the
beneficiaries of such activities, including mothers and their
families; and
(iii) cost effectiveness and return on investment; and
(B) not later than 180 days after the end of the period of
the grant, submit a report on the results of such evaluation
to the Secretary.
(2) By secretary.--Not later than the end of fiscal year
2026, the Secretary shall submit a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives--
(A) summarizing the evaluations submitted under paragraph
(1); and
(B) making recommendations for improving maternal health
and reducing or eliminating racial and ethnic disparities in
maternal health outcomes, based on the results of grants
under this section.
(f) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, out of amounts in the Treasury not
otherwise appropriated, $50,000,000 for each of fiscal years
2021 through 2025.
TITLE X--10-20-30 ANTI-POVERTY INITIATIVE AND HIRING AND CONTRACTING
OPPORTUNITIES
Subtitle A--10-20-30 Anti-poverty Initiative
SEC. 10101. DEFINITIONS.
In this subtitle:
(1) Development program.--The term ``development program''
means any of the following programs, offices, or
appropriations accounts:
(A) Any program administered by the Office of Rural
Development of the Department of Agriculture.
(B) The Appalachian Regional Commission established by
section 14301(a) of title 40, United States Code.
(C) Department of Commerce, Economic Development
Administration, Economic Development Assistance Programs.
[[Page S7804]]
(D) The Delta Regional Authority established by section
382B(a)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2009aa-1(a)(1)).
(E) The Denali Commission established by section 303(a) of
the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 112
Stat. 2681-637).
(F) Any training or employment services program
administered by the Employment and Training Administration of
the Department of Labor.
(G) Department of Health and Human Services, Health
Resources and Services Administration.
(H) Environmental Protection Agency, State and Tribal
Assistance Grants.
(I) Department of Commerce, National Institute of Standards
and Technology, Construction.
(J) Any program under the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.).
(K) A victim services program for victims of trafficking,
as authorized by section 107(b)(2) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(b)(2)).
(L) Any program authorized under the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164;
119 Stat. 3558).
(M) The Paul Coverdell Forensic Sciences Improvement Grants
program under part BB of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10561 et seq.).
(N) DNA-related and forensic programs and activities grants
under part X of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10511 et seq.).
(O) The grant program for community-based sexual assault
response reform grants under part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441
et seq.).
(P) The court-appointed special advocate program under
section 217 of the Crime Control Act of 1990 (34 U.S.C.
20323).
(Q) A program under subtitle C of title II of the Second
Chance Act of 2007 (34 U.S.C. 60541 et seq.).
(R) The Comprehensive Opioid Abuse Grant Program under part
LL of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10701 et seq.).
(S) A grant under section 220531 of title 36, United States
Code.
(T) Department of Transportation, Office of the Secretary,
Nationally Significant Freight and Highway Projects.
(U) Department of Transportation, Office of the Secretary,
National Infrastructure Investments.
(V) Department of Transportation, Federal Transit
Administration, Bus and Bus Facilities Infrastructure
Investment Program.
(W) Department of Transportation, Federal Transit
Administration, Capital Investment Grants Program.
(X) Any program of the Department of the Treasury relating
to Community Development Financial Institutions (within the
meaning of section 103 of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4702)).
(Y) The Southeast Crescent Regional Commission established
by section 15301(a)(1) of title 40, United States Code.
(Z) The Southwest Border Regional Commission established by
section 15301(a)(2) of title 40, United States Code.
(AA) The Northern Border Regional Commission established by
section 15301(a)(3) of title 40, United States Code.
(BB) The Northern Great Plains Regional Authority
established by section 383B(a)(1) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009bb-1(a)(1)).
(CC) The fair housing initiatives program under section 561
of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a).
(DD) A grant under section 4611 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7261).
(2) Persistent poverty county.--The term ``persistent
poverty county'' means any county with a poverty rate of not
less than 20 percent, as determined in each of the 1990 and
2000 decennial censuses, and in the Small Area Income and
Poverty Estimates of the Bureau of the Census for the most
recent year for which the estimates are available.
(3) High-poverty area.--The term ``high-poverty area''
means a census tract with a poverty rate of not less than 20
percent during the 5-year period ending on the date of
enactment of this Act.
SEC. 10102. 10-20-30 FORMULA FOR PERSISTENT POVERTY COUNTIES.
Notwithstanding any other provision of law, the entity
responsible for administering a development program shall use
not less than 10 percent of the amounts made available in any
appropriations Act for the program for each of fiscal years
2021 through 2030 in persistent poverty counties, if the
entity is otherwise authorized to do so.
SEC. 10103. TARGETING HIGH-POVERTY CENSUS TRACTS.
(a) In General.--Notwithstanding any other provision of
law, the entity responsible for administering a development
program shall use not less than the percentage described in
subsection (b) of the amounts made available in any
appropriations Act for the program for each of fiscal years
2021 through 2030 for projects based in or providing direct
benefits to high-poverty areas, if the entity is otherwise
authorized to do so.
(b) Percentage Described.--The percentage referred to in
subsection (a), with respect to a development program, is the
percentage equal to the sum obtained by adding--
(1) the average percentage of Federal assistance awarded
under the program in the 3-fiscal year period ending on the
date of enactment of this Act that were used for projects
based in or providing direct benefits to high-poverty areas;
and
(2) 5 percent of the average total Federal assistance
awarded under the program during the period referred to in
paragraph (1).
SEC. 10104. FAILURE TO TARGET FUNDS.
If the entity responsible for administering a development
program does not comply with section 10103 with respect to
the development program for a fiscal year, the entity shall
submit to Congress a report that describes how the entity
plans to do so for the next fiscal year.
SEC. 10105. REPORT TO CONGRESS.
Not later than 180 days after the end of each fiscal year,
the entity responsible for administering each development
program shall submit to Congress a progress report on the
implementation of this title with respect to the development
program.
Subtitle B--Hiring Opportunities
SEC. 10211. LOCAL HIRING INITIATIVE FOR CONSTRUCTION JOBS.
(a) Establishment.--Notwithstanding section 112 of title
23, United States Code, section 200.319(b) of title 2, Code
of Federal Regulations (or successor regulations), section
635.117(b) of title 23, Code of Federal Regulations (or
successor regulations), and similar bidding requirements
under title 49, United States Code, recipients of Federal
assistance under title 23 or 49, United States Code, may use
geographic hiring preferences (including local hiring
preferences) pertaining to the use of labor for construction
on a federally-assisted project, consistent with the policies
and procedures of the recipient.
(b) Workforce Diversity.--For purposes of subsection (a),
the Secretary of Transportation shall amend existing
regulations or issue new regulations, as applicable, to
establish a policy that, to the maximum extent practicable--
(1) ensures the use of pre-apprenticeship programs that--
(A) are designed to prepare to enter registered
apprenticeship programs--
(i) individuals with a barrier to employment (as defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), including ex-offenders and individuals with a
disability (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)); and
(ii) individuals that represent populations that are
traditionally underrepresented in the infrastructure
workforce, such as women and racial and ethnic minorities;
and
(B) have written agreements with sponsors of not less than
1 registered apprenticeship program that will enable
participants who successfully complete the apprenticeship
readiness program to enter into the registered apprenticeship
program if--
(i) an enrollment opportunity is available; and
(ii) the participant meets the qualifications of the
program;
(2) ensures the use of registered apprenticeship programs
that have written agreements with pre-apprenticeship programs
described in paragraph (1); and
(3) encourages the entity using the geographic hiring
preferences to establish outreach and support programs, in
coordination with labor organizations, that increase
diversity within the workforce, including expanded
participation from--
(A) individuals with a barrier to employment (as defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), including ex-offenders and individuals with a
disability (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)); and
(B) individuals that represent populations that are
traditionally underrepresented in the infrastructure
workforce, such as women and racial and ethnic minorities.
(c) Report.--Not later than 2 years after the date of
enactment of this Act and every 2 years thereafter, the
Secretary of Transportation shall submit to the Committees on
Environment and Public Works, Commerce, Science, and
Transportation, and Banking, Housing, and Urban Affairs of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes the administration of this section, including--
(1) the number, types, and locations of projects that have
used geographic hiring preferences pursuant to this section;
(2) an assessment of whether implementation of this section
has served the intended purpose of this section, including by
creating jobs or providing other benefits; and
(3) any recommendations for modifications to this section
and the implementation of this section.
TITLE XI--RAISING THE MINIMUM WAGE AND STRENGTHENING OVERTIME RIGHTS
Subtitle A--Raise the Wage Act
SEC. 11111. SHORT TITLE.
This subtitle may be cited as the ``Raise the Wage Act''.
SEC. 11112. MINIMUM WAGE INCREASES.
(a) In General.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $8.55 an hour, beginning on the effective date under
section 11117 of the Raise the Wage Act;
[[Page S7805]]
``(B) $9.85 an hour, beginning 1 year after such effective
date;
``(C) $11.15 an hour, beginning 2 years after such
effective date;
``(D) $12.45 an hour, beginning 3 years after such
effective date;
``(E) $13.75 an hour, beginning 4 years after such
effective date;
``(F) $15.00 an hour, beginning 5 years after such
effective date; and
``(G) beginning on the date that is 6 years after such
effective date, and annually thereafter, the amount
determined by the Secretary under subsection (h);''.
(b) Determination Based on Increase in the Median Hourly
Wage of All Employees.--Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206) is amended by adding at the end
the following:
``(h)(1) Not later than each date that is 90 days before a
new minimum wage determined under subsection (a)(1)(G) is to
take effect, the Secretary shall determine the minimum wage
to be in effect under this subsection for each period
described in subsection (a)(1)(G). The wage determined under
this subsection for a year shall be--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(B) increased from such amount by the annual percentage
increase, if any, in the median hourly wage of all employees
as determined by the Bureau of Labor Statistics; and
``(C) rounded up to the nearest multiple of $0.05.
``(2) In calculating the annual percentage increase in the
median hourly wage of all employees for purposes of paragraph
(1)(B), the Secretary, through the Bureau of Labor
Statistics, shall compile data on the hourly wages of all
employees to determine such a median hourly wage and compare
such median hourly wage for the most recent year for which
data are available with the median hourly wage determined for
the preceding year.''.
SEC. 11113. TIPPED EMPLOYEES.
(a) Base Minimum Wage for Tipped Employees and Tips
Retained by Employees.--Section 3(m)(2)(A)(i) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is
amended to read as follows:
``(i) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(I) for the 1-year period beginning on the effective date
under section 11117 of the Raise the Wage Act, $3.60 an hour;
``(II) for each succeeding 1-year period until the hourly
wage under this clause equals the wage in effect under
section 6(a)(1) for such period, an hourly wage equal to the
amount determined under this clause for the preceding year,
increased by the lesser of--
``(aa) $1.50; or
``(bb) the amount necessary for the wage in effect under
this clause to equal the wage in effect under section 6(a)(1)
for such period, rounded up to the nearest multiple of $0.05;
and
``(III) for each succeeding 1-year period after the
increase made pursuant to subclause (II), the minimum wage in
effect under section 6(a)(1); and''.
(b) Tips Retained by Employees.--Section 3(m)(2)(A) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is
amended--
(1) in the second sentence of the matter following clause
(ii), by striking ``of this subsection, and all tips received
by such employee have been retained by the employee'' and
inserting ``of this subsection. Any employee shall have the
right to retain any tips received by such employee''; and
(2) by adding at the end the following: ``An employer shall
inform each employee of the right and exception provided
under the preceding sentence.''.
(c) Scheduled Repeal of Separate Minimum Wage for Tipped
Employees.--
(1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by
subsections (a) and (b), is further amended by striking the
sentence beginning with ``In determining the wage an employer
is required to pay a tipped employee,'' and all that follows
through ``of this subsection.'' and inserting ``The wage
required to be paid to a tipped employee shall be the wage
set forth in section 6(a)(1).''.
(2) Publication of notice.--Subsection (i) of section 6 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as
amended by section 11115, is further amended by striking ``or
in accordance with subclause (II) or (III) of section
3(m)(2)(A)(i)''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is one day after
the date on which the hourly wage under subclause (III) of
section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a),
takes effect.
SEC. 11114. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS
OLD.
(a) Base Minimum Wage for Newly Hired Employees Who Are
Less Than 20 Years Old.--Section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by
striking ``a wage which is not less than $4.25 an hour.'' and
inserting the following: ``a wage at a rate that is not less
than--
``(A) for the 1-year period beginning on the effective date
under section 11117 of the Raise the Wage Act, $5.50 an hour;
``(B) for each succeeding 1-year period until the hourly
wage under this paragraph equals the wage in effect under
section 6(a)(1) for such period, an hourly wage equal to the
amount determined under this paragraph for the preceding
year, increased by the lesser of--
``(i) $1.25; or
``(ii) the amount necessary for the wage in effect under
this paragraph to equal the wage in effect under section
6(a)(1) for such period, rounded up to the nearest multiple
of $0.05; and
``(C) for each succeeding 1-year period after the increase
made pursuant to subparagraph (B)(ii), the minimum wage in
effect under section 6(a)(1).''.
(b) Scheduled Repeal of Separate Minimum Wage for Newly
Hired Employees Who Are Less Than 20 Years Old.--
(1) In general.--Section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by
subsection (a), shall be repealed.
(2) Publication of notice.--Subsection (i) of section 6 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as
amended by section 11113(c)(2), is further amended by
striking ``or subparagraph (B) or (C) of subsection
(g)(1),''.
(3) Effective date.--The repeal and amendment made by
paragraphs (1) and (2), respectively, shall take effect on
the date that is one day after the date on which the hourly
wage under subparagraph (C) of section 6(g)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended
by subsection (a), takes effect.
SEC. 11115. PUBLICATION OF NOTICE.
Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206), as amended by the preceding sections, is further
amended by adding at the end the following:
``(i) Not later than 60 days prior to the effective date of
any increase in the required wage determined under subsection
(a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in
accordance with subclause (II) or (III) of section
3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary shall
publish in the Federal Register and on the website of the
Department of Labor a notice announcing each increase in such
required wage.''.
SEC. 11116. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR
INDIVIDUALS WITH DISABILITIES.
(a) Wages.--
(1) Transition to fair wages for individuals with
disabilities.--Subparagraph (A) of section 14(c)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is
amended to read as follows:
``(A) at a rate that equals, or exceeds, for each year, the
greater of--
``(i)(I) $4.25 an hour, beginning 1 year after the date the
wage rate specified in section 6(a)(1)(A) takes effect;
``(II) $6.40 an hour, beginning 2 years after such date;
``(III) $8.55 an hour, beginning 3 years after such date;
``(IV) $10.70 an hour, beginning 4 years after such date;
``(V) $12.85 an hour, beginning 5 years after such date;
and
``(VI) the wage rate in effect under section 6(a)(1), on
the date that is 6 years after the date the wage specified in
section 6(a)(1)(A) takes effect; or
``(ii) if applicable, the wage rate in effect on the day
before the date of enactment of the Raise the Wage Act for
the employment, under a special certificate issued under this
paragraph, of the individual for whom the wage rate is being
determined under this subparagraph,''.
(2) Prohibition on new special certificates; sunset.--
Section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) (as amended by paragraph (1)) is further
amended by adding at the end the following:
``(6) Prohibition on New Special Certificates.--
Notwithstanding paragraph (1), the Secretary shall not issue
a special certificate under this subsection to an employer
that was not issued a special certificate under this
subsection before the date of enactment of the Raise the Wage
Act.
``(7) Sunset.--Beginning on the day after the date on which
the wage rate described in paragraph (1)(A)(i)(VI) takes
effect, the authority to issue special certificates under
paragraph (1) shall expire, and no special certificates
issued under paragraph (1) shall have any legal effect.
``(8) Transition Assistance.--Upon request, the Secretary
shall provide--
``(A) technical assistance and information to employers
issued a special certificate under this subsection for the
purposes of--
``(i) transitioning the practices of such employers to
comply with this subsection, as amended by the Raise the Wage
Act; and
``(ii) ensuring continuing employment opportunities for
individuals with disabilities receiving a special minimum
wage rate under this subsection; and
``(B) information to individuals employed at a special
minimum wage rate under this subsection, which may include
referrals to Federal or State entities with expertise in
competitive integrated employment.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act.
(b) Publication of Notice.--
(1) Amendment.--Subsection (i) of section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206), as amended by
section 11114(b)(2), is further amended by striking ``or
section 14(c)(1)(A),''.
[[Page S7806]]
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the day after the date on which the wage
rate described in paragraph (1)(A)(i)(VI) of section 14(c) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as
amended by subsection (a)(1), takes effect.
SEC. 11117. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this subtitle or the
amendments made by this subtitle, this subtitle and the
amendments made by this subtitle shall take effect on the
first day of the third month that begins after the date of
enactment of this Act.
Subtitle B--Restoring Overtime Pay Act
SEC. 11121. SHORT TITLE.
This subtitle may be cited as the ``Restoring Overtime Pay
Act''.
SEC. 11122. MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE,
ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES
EXEMPT FROM FEDERAL OVERTIME COMPENSATION
REQUIREMENTS.
(a) In General.--Section 13 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``subsection (k) and'' after ``subject
to''; and
(B) by inserting ``(except as provided under subsection
(k)(2)(C))'' after ``Administrative Procedure Act''; and
(2) by adding at the end the following:
``(k) Minimum Salary Threshold.--
``(1) In general.--Beginning on the effective date of the
Restoring Overtime Pay Act, the Secretary shall require that
an employee described in subsection (a)(1), as a requirement
for exemption under such subsection, be compensated on a
salary basis, or equivalent fee basis, within the meaning of
such terms in subpart G of part 541 of title 29, Code of
Federal Regulations (or any successor regulation), at a rate
per week that is not less than the salary threshold under
paragraph (2).
``(2) Salary threshold.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the salary threshold shall be an amount that is equal to the
40th percentile of earnings of full-time salaried workers in
the lowest-wage census region, as determined by the Bureau of
Labor Statistics based on data from the second quarter of the
calendar year preceding the calendar year in which such
amount takes effect.
``(B) Increased threshold.--The Secretary may establish,
through notice and comment rulemaking under section 553 of
title 5, United States Code, a salary threshold that is an
amount that--
``(i) is greater than the 40th percentile of earnings of
the full-time salaried workers described in subparagraph (A);
and
``(ii) is calculated based on a data set and methodology
established by the Secretary that are capable of being
updated in accordance with subparagraph (C).
``(C) Automatic updates.--
``(i) In general.--Not later than 3 years after the salary
threshold first takes effect under subparagraph (A), and
every 3 years thereafter, or, in the case in which the
Secretary establishes an increased salary threshold under
subparagraph (B), every 3 years after establishing such
increased salary threshold, the Secretary shall update the
amount of the salary threshold in effect under subparagraph
(A) or (B), as applicable, so that such amount is equal to--
``(I) in the case in which the Secretary does not establish
an increased salary threshold under subparagraph (B), the
40th percentile of earnings of full-time salaried workers in
the lowest-wage census region, as determined by the Bureau of
Labor Statistics based on data from the second quarter of the
calendar year preceding the calendar year in which such
updated amount is to take effect; and
``(II) in the case in which the Secretary establishes an
increased salary threshold under subparagraph (B), the
greater of--
``(aa) the 40th percentile described in subclause (I); and
``(bb) the increased salary threshold established under
subparagraph (B), as updated in accordance with the data set
and methodology established by the Secretary under
subparagraph (B)(ii).
``(ii) Nonapplicability of rulemaking.--Any update
described in this subparagraph shall not be subject to the
requirements of notice and comment rulemaking under section
553 of title 5, United States Code.
``(D) Notice requirement.--Not later than 60 days before a
revised salary threshold under this paragraph takes effect,
the Secretary shall publish a notice announcing the amount in
the Federal Register and on the internet website of the
Department of Labor.
``(3) Duties test.--The Secretary shall, in addition to the
requirement under paragraph (1), continue to require
employees to satisfy a duties test, as prescribed by the
Secretary, in defining and delimiting the terms described in
subsection (a)(1).''.
(b) Publication of Earnings.--Not later than 21 days after
the end of each calendar quarter, the Bureau of Labor
Statistics shall publish on its public website, for each week
of such quarter, data on the weekly earnings of nonhourly,
full-time salaried workers by census region (as designated by
the Bureau of the Census).
(c) Effective Date.--This subtitle, and the amendments made
by this subtitle, shall take effect on the first day of the
third month that begins after the date of enactment of this
Act.
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