Congressional Record, Senate, December 18, 2020, Page S7712
Summary
A page of the Congressional Record, Senate, dated December 18, 2020, beginning at page S7712, in a very long document. A Senator pays tribute to Karen Robb, a departing staff member, recalling her work on the DISCLOSE Act and whistleblower protection and her service on the House Budget Committee. House messages announce passage of bills including S. 3989 on the United States Semiquincentennial Commission and S. 2730 on a Drone Advisory Committee, and of H.J. Res. 107 making further continuing appropriations for fiscal year 2021. H.R. 3797, on marijuana access for qualified medical researchers, is referred to the Judiciary Committee, and Mr. Sanders introduces S. 5063 to provide additional recovery rebates to individuals. The document ends with legislative text on a Tribal set-aside.
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“Congressional Record, Senate, December 18, 2020, Page S7712.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-18-crec-2020-12-18-pt1-pgs7713-3-3fd5cdab11/
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S7712 CONGRESSIONAL RECORD — SENATE December 18, 2020
months to write and pass the DIS- have never been abstract—she has per- by the Government Accountability Office re-
CLOSE Act in the House of Representa- sonally hauled supplies on her trips to lating to advance contracts, and for other
tives. The DISCLOSE Act is based on Nyumbani, and, in the wake of Hurri- purposes.
S. 2730. An act to establish and ensure an
the idea that voters have a right to cane Katrina, she jumped in her car
inclusive and transparent Drone Advisory
know what individuals and interests and drove to New Orleans to help res- Committee.
are financing the political advertise- cue and rehome animals. While a loss S. 3418. An act to amend the Robert T.
ments trying to influence their votes. to the Senate, Karen’s retirement gives Stafford Disaster Relief and Emergency As-
It was vigorously opposed by deep- her more time to spend on the many sistance Act to allow the Administrator of
pocketed special interests that prefer causes close to her heart, including to the Federal Emergency Management Agency
to operate in the dark and hide behind her continued service on the Nyumbani to provide capitalization grants to States to
front organizations, but Karen kept at board of directors. establish revolving funds to provide hazard
it. She spent countless hours negoti- mitigation assistance to reduce risks from
Karen Robb was not a bystander to
disasters and natural hazards, and other re-
ating every comma and definition. any project she embarked on. She was lated environmental harm.
With perseverance, we succeeded in hands-on, all in, and whatever it takes. S. 5036. An act to amend the Overtime Pay
eking out a victory of 219 to 206 in the From the smallest detail to the biggest for Protective Services Act of 2016 to extend
House. The Senate version failed by obstacle, she threw herself into her the Secret Service overtime pay exception
one vote, and we have been trying to work and our lives. She is a compas- through 2023, and for other purposes.
pass it here ever since. sionate person who always puts others
Karen helped us pass legislation pro- first. My family and I will be forever At 6:26 p.m., a message from the
tecting whistleblowers who put their grateful for Karen’s friendship, many House of Representatives, delivered by
careers at risk to expose wrongdoing— talents, and loyal service. Our entire Mrs. Cole, one of its reading clerks, an-
an issue that has become even more team will miss her and the wisdom she nounced that the House has passed the
important in recent years. She recog- brought to the often-hectic world of following joint resolution, in which it
nized that the success of our democ- congressional offices. I wish her the requests the concurrence of the Senate:
racy depends on people’s willingness to very best as she embarks on her new H.J. Res. 107. Joint resolution making fur-
speak truth to power, and it is our job adventures. ther continuing appropriations for fiscal
to advance the truth for the public year 2021, and for other purposes.
f
good. f
During my time in the House, Karen MESSAGES FROM THE HOUSE
MEASURES REFERRED
served in a number of key roles, includ- At 10:41 a.m., a message from the
ing as policy director of my Assistant House of Representatives, delivered by The following bill was read the first
to the Speaker’s Office, where she ac- Mrs. Cole, one of its reading clerks, an- and the second times by unanimous
companied me to all the House leader- nounced that the House has passed the consent, and referred as indicated:
ship meetings as well as the House- following bill, with an amendment, in H.R. 3797. An act to amend the Controlled
Senate bicameral leadership meetings. which it requests the concurrence of Substances Act to make marijuana acces-
She always had good insights and was the Senate: sible for use by qualified marijuana research-
respected by all. Karen also served as ers for medical purposes, and for other pur-
S. 3989. An act to amend the United States poses; to the Committee on the Judiciary.
counsel on the House Budget Com- Semiquincentennial Commission Act of 2016
mittee during the time I was the rank- to modify certain membership and other re- f
ing member on the committee and quirements of the United States INTRODUCTION OF BILLS AND
played an important role during my Semiquincentennial Commission, and for
other purposes.
JOINT RESOLUTIONS
participation in the bipartisan budget
negotiations headed by then-Vice The message also announced that the The following bills and joint resolu-
President Biden. During our tenure on House has passed the following bills, in tions were introduced, read the first
the House Budget Committee, House which it requests the concurrence of and second times by unanimous con-
Democrats proposed budgets to expand the Senate. sent, and referred as indicated:
economic opportunity for all, strength- H.R. 3250. An act to require the Secretary By Mr. SANDERS:
of the Interior to conduct a special resource S. 5063. A bill to amend the Internal Rev-
en Medicare and Social Security, put
study of the sites associated with the life enue Code of 1986 to provide additional recov-
our country on a path for strong jobs ery rebates to individuals; to the Committee
and wage growth, and much more. She and legacy of the noted American philan-
thropist and business executive Julius on Finance.
was at the center of these efforts and Rosenwald, with a special focus on the By Mr. GRASSLEY (for himself, Ms.
understood that budgets are more than Rosenwald Schools, and for other purposes. HASSAN, and Mr. LANKFORD):
just lists of programs and tabulations H.R. 5472. An act to redesignate the Jimmy S. 5064. A bill to amend the Internal Rev-
of dollars and cents—they represent Carter National Historic Site as the ‘‘Jimmy enue Code of 1986 to increase retirement sav-
the priorities and values of the Amer- Carter National Historical Park’’. ings, to improve retirement plan administra-
H.R. 5852. An act to redesignate the Weir tion, and for other purposes; to the Com-
ican people.
Farm National Historic Site in the State of mittee on Finance.
Upon arriving in the Senate, Karen’s
Connecticut as the ‘‘Weir Farm National By Mr. SCHUMER (for himself, Mrs.
deep roots in the Upper Chamber got us MURRAY, Mr. WYDEN, Mr. DURBIN, Mr.
Historical Park’’.
off to a quick start. She set up our of- REED, Mr. CARPER, Ms. STABENOW,
H.R. 6535. An act to deem an urban Indian
fice and had an insider’s knowledge of organization and employees thereof to be a Mr. BROWN, Mr. WARNER, Mrs. GILLI-
how to navigate many of the Senate’s part of the Public Health Service for the pur- BRAND, Ms. HIRONO, Mr. BOOKER, Ms.
byzantine traditions and processes. poses of certain claims for personal injury, DUCKWORTH, Ms. HARRIS, Mr. UDALL,
With her wise guidance, we were able and for other purposes. Mr. CARDIN, Ms. BALDWIN, Mr.
to achieve much for Marylanders in a H.R. 7460. An act to extend the authority MERKLEY, Mr. WHITEHOUSE, Mr.
for the establishment by the Peace Corps SCHATZ, Mr. SANDERS, Ms. KLO-
short time.
Commemorative Foundation of a commemo- BUCHAR, Mr. BLUMENTHAL, Mr. VAN
Karen’s love for the twists and turns HOLLEN, Mr. HEINRICH, and Mr.
of lawmaking and politics is surpassed rative work to commemorate the mission of
the Peace Corps and the ideals on which the PETERS):
only by her love of children and ani- Peace Corps was founded, and for other pur- S. 5065. A bill to provide more than
mals—her first stop after leaving our poses. $435,000,000,000 in immediate and long-term
office was the Nyumbani AIDS orphan- investments in communities to promote eco-
age in Kenya, where she has served as At 3:03 p.m., a message from the nomic justice, and for other purposes; to the
a guardian angel for many years. She House of Representatives, delivered by Committee on Finance.
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has helped to raise funds for supplies By Mr. THUNE (for himself, Mr.
Mrs. Cole, one of its reading clerks, an- MERKLEY, Ms. COLLINS, and Mr.
for the orphanage while taking a direct nounced that the House has passed the KING):
personal interest in the children who following bills, without amendment: S. 5066. A bill to amend the Poultry Prod-
live there, sharing photos and stories S. 979. An act to amend the Post-Katrina ucts Inspection Act and the Federal Meat In-
and delighting in their growth and Emergency Management Reform Act of 2006 spection Act to support small and very small
progress. Karen’s charitable efforts to incorporate the recommendations made meat and poultry processing establishments,
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7713
and for other purposes; to the Committee on programs for long-term unemployed HOUSE, Mr. SCHATZ, Mr. SAND-
Agriculture, Nutrition, and Forestry. workers, and for other purposes. ERS, Ms. KLOBUCHAR, Mr.
By Ms. ROSEN (for herself and Mr. BLUMENTHAL, Mr. VAN HOLLEN,
S. 2561
CRAMER):
S. 5067. A bill to provide a credit against At the request of Mr. BLUMENTHAL, Mr. HEINRICH, and Mr. PETERS):
payroll taxes to businesses and nonprofit or- the name of the Senator from Hawaii S. 5065. A bill to provide more than
ganizations that purchase or upgrade ven- (Ms. HIRONO) was added as a cosponsor $435,000,000,000 in immediate and long-
tilation and air filtration systems to help of S. 2561, a bill to amend the Lacey term investments in communities to
prevent the spread of COVID–19 and other Act Amendments of 1981 to clarify pro- promote economic justice, and for
airborne communicable diseases; to the Com- visions enacted by the Captive Wildlife other purposes; to the Committee on
mittee on Finance. Finance.
By Ms. KLOBUCHAR:
Safety Act, to further the conservation
of certain wildlife species, and for Mr. THUNE. Mr. President, I ask
S. 5068. A bill to direct the Secretary of
Labor to award formula and competitive other purposes. unanimous consent that the text of the
grants for layoff aversion activities, and for S. 4494
bill be printed in the RECORD.
other purposes; to the Committee on Health, There being no objection, the text of
At the request of Ms. HASSAN, the
Education, Labor, and Pensions. the bill was ordered to be printed in
name of the Senator from Nevada (Ms.
By Ms. CORTEZ MASTO: the RECORD, as follows:
S. 5069. A bill to amend the Internal Rev- CORTEZ MASTO) was added as a cospon-
sor of S. 4494, a bill to amend title VI S. 5065
enue Code of 1986 to increase the exclusion
for educational assistance programs; to the of the Social Security Act to extend Be it enacted by the Senate and House of Rep-
Committee on Finance. the period with respect to which resentatives of the United States of America in
Congress assembled,
f amounts under the Coronavirus Relief
SECTION 1. SHORT TITLE.
Fund may be expended.
SUBMISSION OF CONCURRENT AND This Act may be cited as the ‘‘Economic
S. 4641
SENATE RESOLUTIONS Justice Act’’.
At the request of Mr. BENNET, the SEC. 2. TABLE OF CONTENTS.
The following concurrent resolutions name of the Senator from New Mexico The table of contents of this Act is the fol-
and Senate resolutions were read, and (Mr. HEINRICH) was added as a cospon- lowing:
referred (or acted upon), as indicated: sor of S. 4641, a bill to amend the Min- Sec. 1. Short title.
By Mr. SCOTT of Florida (for himself, eral Leasing Act to provide for trans- Sec. 2. Table of contents.
Mr. TILLIS, Mr. WICKER, Mr. BOOZ- parency and landowner protections in Sec. 3. Emergency designation.
MAN, Mr. CRAMER, Mr. PERDUE, Mr.
the conduct of lease sales under that TITLE I—CHILD CARE IS ESSENTIAL
ROUNDS, Mr. RUBIO, Mrs. BLACKBURN, PROGRAM
Mr. COTTON, Mr. HOEVEN, Mr. BRAUN, Act, and for other purposes.
Mrs. LOEFFLER, Mr. CRUZ, Mrs. HYDE- S. 5028 Sec. 1001. Child care is essential program.
SMITH, Mr. LANKFORD, Mr. BARRASSO, At the request of Mr. BENNET, the TITLE II—EXPANDING AND IMPROVING
Mr. PAUL, and Mr. DAINES): name of the Senator from Massachu- ACCESS TO COMMUNITY HEALTH CARE
S. Res. 806. A resolution defending the free setts (Ms. WARREN) was added as a co- Subtitle A—Support for Health Centers,
exercise of religion; to the Committee on the Hospitals, and Other Health Care Facilities
sponsor of S. 5028, a bill to amend the
Judiciary. Sec. 2101. Primary health care.
By Mr. MENENDEZ: Federal Election Campaign Act of 1971
to require each authorized committee Sec. 2102. Additional community health cen-
S. Res. 807. A resolution urging the Gov- ter funding.
ernment of Uganda and all parties to respect or leadership PAC of a former can-
Sec. 2103. Teaching health centers that oper-
human, civil, and political rights and ensure didate for election for Federal office to ate graduate medical education
free and fair elections in January 2021, and disburse all of the remaining funds of program.
recognizing the importance of multiparty de- the committee or PAC after the elec- Sec. 2104 Hospital infrastructure.
mocracy in Uganda; to the Committee on tion, and for other purposes. Sec. 2105. 21st century Indian health pro-
Foreign Relations. gram hospitals and outpatient
S. CON. RES. 9
By Mr. BOOKER (for himself, Mr. health care facilities.
SCOTT of South Carolina, Mr. BROWN, At the request of Mr. ROBERTS, the
Sec. 2106. Pilot program to improve commu-
Mr. GRAHAM, Mr. JONES, Mr. RUBIO, name of the Senator from Indiana (Mr. nity-based care infrastructure.
Mr. MARKEY, Mr. BLUMENTHAL, Ms. YOUNG) was added as a cosponsor of S. Sec. 2107. School-based health centers.
SMITH, and Mr. CARDIN): Con. Res. 9, a concurrent resolution ex-
S. Res. 808. A resolution congratulating the Subtitle B—Support for Health Care
pressing the sense of Congress that tax- Workforce Training
National Urban League on 110 years of serv-
ice empowering African Americans and other
exempt fraternal benefit societies have Sec. 2201. Grants for schools of medicine and
underserved communities while helping to historically provided and continue to schools of osteopathic medicine
foster a more just, equitable, and inclusive provide critical benefits to the people in underserved areas.
United States; considered and agreed to. and communities of the United States. Sec. 2202. Support for nursing education and
f S. RES. 624 the future nursing workforce.
Sec. 2203. Loan Repayment Program for sub-
ADDITIONAL COSPONSORS At the request of Mr. COONS, the
stance use disorder treatment
name of the Senator from Illinois (Mr. workforce.
S. 568 DURBIN) was added as a cosponsor of S. Sec. 2204. Loan repayment and scholarship
At the request of Mr. BENNET, his Res. 624, a resolution expressing the programs for the nursing work-
name was added as a cosponsor of S. sense of the Senate that the activities force.
568, a bill to amend the Child Care and of Russian national Yevgeniy Sec. 2205. Additional funding for health pro-
Development Block Grant Act of 1990 Prigozhin and his affiliated entities fessions education.
and the Head Start Act to promote pose a threat to the national interest Sec. 2206. Additional funding for nursing
child care and early learning, and for workforce development.
and national security of the United
other purposes. Sec. 2207. National Health Service Corps.
States.
S. 1267
Subtitle C—Improving Access to Health Care
f Services
At the request of Mr. MENENDEZ, the
STATEMENTS ON INTRODUCED Sec. 2301. Expanding access to mental health
name of the Senator from Arizona (Mr. services and certain evaluation
KELLY) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS
and management services fur-
1267, a bill to establish within the By Mr. SCHUMER (for himself, nished through telehealth.
Smithsonian Institution the National Mrs. MURRAY, Mr. WYDEN, Mr. Sec. 2302. Enhanced Federal Medicaid sup-
Museum of the American Latino, and DURBIN, Mr. REED, Mr. CARPER, port for community-based mo-
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for other purposes. Ms. STABENOW, Mr. BROWN, Mr. bile crisis intervention services.
S. 1920
Sec. 2303. Extension and expansion of Com-
WARNER, Mrs. GILLIBRAND, Ms.
munity Mental Health Services
At the request of Mr. VAN HOLLEN, HIRONO, Mr. BOOKER, Ms. demonstration program; fund-
the name of the Senator from Oregon DUCKWORTH, Ms. HARRIS, Mr. ing for the Certified Commu-
(Mr. MERKLEY) was added as a cospon- UDALL, Mr. CARDIN, Ms. BALD- nity Behavioral Health Clinic
sor of S. 1920, a bill to establish jobs WIN, Mr. MERKLEY, Mr. WHITE- Expansion Grant Program.
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S7714 CONGRESSIONAL RECORD — SENATE December 18, 2020
Sec. 2304. Expanding capacity for health Subtitle E—Modernizing Child Support Sec. 4233. Establishment.
outcomes. Sec. 3501. Short title; definition. Sec. 4234. Cooperative agreements.
Sec. 2305. Ryan White HIV/AIDS program. Sec. 4235. Minimizing disruptions to existing
Sec. 2306. Community mental health serv- CHAPTER 1—PROMOTING RESPONSIBLE FA-
Business Centers program.
THERHOOD AND STRENGTHENING LOW-INCOME
ices block grant. Sec. 4236. Publicity.
Sec. 2307. Substance abuse prevention and FAMILIES
Sec. 4237. Authorization of appropriations.
treatment block grant. Sec. 3511. Reauthorization of healthy mar-
CHAPTER 3—NEW INITIATIVES TO PROMOTE
TITLE III—FEDERALLY SUPPORTED riage promotion and respon-
ECONOMIC RESILIENCY FOR MINORITY BUSI-
JOBS, TRAINING, AND AT-RISK YOUTH sible fatherhood grants.
NESSES
INITIATIVES CHAPTER 2—IMPROVING RESOURCES FOR DO-
Sec. 4241. Annual diverse business forum on
Subtitle A—Department of Labor MESTIC VIOLENCE AND FAMILY STRENGTH-
capital formation.
Employment and Training Programs ENING
Sec. 4242. Agency study on alternative fi-
Sec. 3101. Definitions and WIOA require- Sec. 3521. Best practices for coordination of nancing solutions.
ments. policy to address domestic vio- Sec. 4243. Educational development relating
lence and family engagement. to management and entrepre-
CHAPTER 1—WORKFORCE DEVELOPMENT AC-
Sec. 3522. Grants supporting healthy family neurship.
TIVITIES IN RESPONSE TO THE COVID–19 NA-
partnerships for domestic vio-
TIONAL EMERGENCY CHAPTER 4—ADMINISTRATIVE AND OTHER POW-
lence intervention and preven-
Sec. 3111. Workforce response activities. ERS OF THE AGENCY; MISCELLANEOUS PROVI-
tion.
Sec. 3112. National dislocated worker grants. SIONS
Sec. 3523. Procedures to address domestic vi-
Sec. 3113. State dislocated worker activities olence. Sec. 4251. Administrative powers.
responding to the COVID–19 Sec. 4252. Financial assistance.
emergency. CHAPTER 3—MODERNIZATION OF CHILD
Sec. 4253. Audits.
Sec. 3114. Youth workforce investment ac- SUPPORT ENFORCEMENT
Sec. 4254. Review and report by Comptroller
tivities responding to the Sec. 3531. Pilot program to stay automatic general.
COVID–19 national emergency. child support enforcement Sec. 4255. Annual reports; recommendations.
Sec. 3115. Adult employment and training against non-custodial parents Sec. 4256. Separability.
activities responding to the participating in a healthy mar- Sec. 4257. Executive Order 11625.
COVID–19 national emergency. riage or responsible fatherhood Sec. 4258. Amendment to the Federal Acqui-
CHAPTER 2—EMPLOYMENT SERVICE COVID–19 program. sition Streamlining Act of 1994.
NATIONAL EMERGENCY RESPONSE FUND Sec. 3532. Closure of certain child support Subtitle C—PRIME Program
Sec. 3121. Employment service. enforcement cases.
Sec. 4301. Funding for PRIME program.
CHAPTER 3—JOB CORPS RESPONSE TO THE CHAPTER 4—PARENTING TIME SERVICES PILOT
PROGRAM Subtitle D—Providing Real Opportunities for
COVID–19 NATIONAL EMERGENCY Growth to Rising Entrepreneurs for Sus-
Sec. 3131. Job Corps response to the COVID- Sec. 3541. Parenting time services pilot pro- tained Success
19 national emergency. gram.
Sec. 4401. Angel Investor Tax Credit.
CHAPTER 4—NATIONAL PROGRAMS CHAPTER 5—IMPROVEMENTS TO THE CHILD Sec. 4402. First Employee Business Wage
SUPPORT PASS-THROUGH REQUIREMENTS Credit.
Sec. 3141. Native American programs re-
sponding to the COVID–19 na- Sec. 3551. Child support pass-through pro- Subtitle E—Community Development
tional emergency. gram improvements. Investment
Sec. 3142. Migrant and seasonal farmworker Sec. 3552. Ban on recovery of Medicaid costs
for births. Sec. 4501. Short title.
program response.
Sec. 3553. Improving State documentation Sec. 4502. Purpose.
Sec. 3143. YouthBuild activities responding
and reporting of child support Sec. 4503. Considerations; requirements for
to the COVID–19 national emer-
collection data. creditors.
gency.
Sec. 4504. Sense of Congress.
Sec. 3144. Reentry employment opportuni- CHAPTER 6—PROGRAM FLEXIBILITY DURING
Sec. 4505. Neighborhood Capital Investment
ties responding to the COVID–19 THE COVID–19 PANDEMIC
Program.
national emergency. Sec. 3561. Emergency TANF flexibility.
Sec. 3145. Registered apprenticeship oppor- Sec. 4506. Emergency support for CDFIs and
Sec. 3562. 2020 recovery rebates not subject communities.
tunities responding to the to reduction or offset with re-
COVID–19 national emergency. Sec. 4507. Ensuring diversity in community
spect to past-due support. banking.
CHAPTER 5—ADULT EDUCATION AND LITERACY Sec. 3563. Protection of 2020 recovery re- Sec. 4508. Establishment of Financial Agent
COVID–19 NATIONAL EMERGENCY RESPONSE bates. Partnership Program.
Sec. 3151. Definitions. CHAPTER 7—EFFECTIVE DATE Sec. 4509. Strengthening minority lending
Sec. 3152. Adult education and literacy re- institutions.
Sec. 3571. Effective date.
sponse activities. Sec. 4510. CDFI Bond Guarantee Reform.
Sec. 3153. Distribution of funds. TITLE IV—CAPITAL AND SUPPORT FOR
Sec. 4511. Reports.
CHAPTER 6—COMMUNITY COLLEGE AND SMALL BUSINESSES
Sec. 4512. Inspector General oversight.
INDUSTRY PARTNERSHIP GRANTS Subtitle A—More Lending to Small Sec. 4513. Study and report with respect to
Sec. 3161. Community college and industry Businesses in Communities of Color impact of programs on low- and
partnership grants. Sec. 4101. Community advantage loan pro- moderate-income and minority
CHAPTER 7—SENIOR COMMUNITY SERVICE gram. communities.
EMPLOYMENT PROGRAM Sec. 4102. Spurring innovation in under- TITLE V—DOWNPAYMENT ON BUILDING
served markets. 21ST CENTURY INFRASTRUCTURE
Sec. 3171. Appropriations. Sec. 4103. Office of Emerging Markets.
CHAPTER 8—GENERAL PROVISIONS Sec. 4104. SBIC Diversity Working Group. Sec. 5001. Findings.
Sec. 3176. General provisions. Subtitle B—Minority Business Resiliency Subtitle A—High-speed Internet
Subtitle B—Carl D. Perkins Career and Sec. 4201. Short title. Sec. 5101. Definitions.
Technical Education Act of 2006 Sec. 4202. Findings and purposes. CHAPTER 1—BROADBAND CONNECTIVITY FUND
Sec. 3201. Definitions and Perkins CTE re- Sec. 4203. Definitions. Sec. 5111. Definitions.
quirements. Sec. 4204. Minority Business Development Sec. 5112. Additional broadband benefit.
Sec. 3202. COVID–19 career and technical Agency. Sec. 5113. Grants to States to strengthen Na-
education response flexibility. CHAPTER 1—COVID–19 RAPID RESPONSE tional Lifeline Eligibility
Sec. 3203. Perkins career and technical edu- Verifier.
cation. Sec. 4211. Emergency appropriation.
Sec. 5114. Federal coordination between
Sec. 3204. General provisions. CHAPTER 2—EXISTING INITIATIVES
Lifeline and SNAP verification.
Subtitle C—Pandemic TANF Assistance SUBCHAPTER A—MARKET DEVELOPMENT,
CHAPTER 2—TRIBAL BROADBAND
Sec. 3301. Emergency flexibility for State RESEARCH, AND INFORMATION
Sec. 5121. Definitions.
and Tribal TANF programs. Sec. 4221. Private sector development.
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Sec. 5122. Tribal Broadband Fund.
Sec. 3302. Coronavirus Emergency Assist- Sec. 4222. Public sector development.
Sec. 5123. Interagency coordination pro-
ance Grants for Low-Income Sec. 4223. Research and information.
gram.
Families. SUBCHAPTER B—MINORITY BUSINESS Sec. 5124. Broadband for Tribal libraries and
Subtitle D—Preventing Child Abuse and DEVELOPMENT CENTER PROGRAM consortiums.
Neglect Sec. 4231. Purpose. Sec. 5125. Tribal set-aside.
Sec. 3401. CAPTA investments. Sec. 4232. Definitions. Sec. 5126. Universal service on Tribal land.
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7715
Sec. 5127. Tribal broadband factor. Sec. 5408. Brownfields funding. Sec. 9005. Respectful maternity care compli-
Sec. 5128. Pilot program for Tribal grant of Sec. 5409. Technical assistance and grants ance program.
rights-of-way for broadband fa- for emergencies affecting public Sec. 9006. Bias training for all employees in
cilities. water systems. maternity care settings.
CHAPTER 3—CONNECTED DEVICES Sec. 5410. Grants for state programs. Sec. 9007. Study on reducing and preventing
Sec. 5131. E–Rate support for Wi-Fi hotspots, Sec. 5411. Drinking water State revolving bias, racism, and discrimina-
other equipment, and connected loan funds. tion in maternity care settings.
devices. Sec. 5412. Source water petition program. Sec. 9008. Maternal Health Research Net-
Sec. 5413. Assistance for small and disadvan- work.
CHAPTER 4—DIGITAL EQUITY taged communities. Sec. 9009. Innovation in maternity care to
Sec. 5141. Short title. Sec. 5414. Reducing lead in drinking water. close racial and ethnic mater-
Sec. 5142. Definitions. Sec. 5415. Operational sustainability of nal health disparities in mental
Sec. 5143. Sense of Congress. small public water systems. health and substance use dis-
Sec. 5144. State Digital Equity Capacity Sec. 5416. Drinking water system infrastruc- order treatment grants.
Grant Program. ture resilience and sustain- Sec. 9010. Grants to grow and diversify the
Sec. 5145. Digital Equity Competitive Grant ability program. perinatal workforce.
Program. Sec. 5417. Needs assessment for nationwide Sec. 9011. Grants to grow and diversify the
Sec. 5146. Policy research, data collection, rural and urban low-income doula workforce.
analysis and modeling, evalua- community water assistance. Sec. 9012. Grants to State, local, and tribal
tion, and dissemination. Sec. 5418. Lead contamination in school public health departments ad-
Sec. 5147. General provisions. dressing social determinants of
drinking water.
Subtitle B—Affordable Housing and Commu- Sec. 5419. Indian reservation drinking water health for pregnant and
nity Investments and Restoring Fair Hous- program. postpartum women.
ing Protections Sec. 5420. Water infrastructure and work- TITLE X—10–20–30 ANTI–POVERTY INITIA-
Sec. 5201. Affordable housing and commu- force investment. TIVE AND HIRING AND CONTRACTING
nity investments and restoring Sec. 5421. Small and disadvantaged commu- OPPORTUNITIES
fair housing protections. nity analysis.
Subtitle A—10–20–30 Anti-poverty Initiative
Subtitle C—School, Library, and Institution Sec. 5422. Mapping and screening tool.
Sec. 5423. Emergency household water and Sec. 10101. Definitions.
Infrastructure
wastewater assistance program. Sec. 10102. 10–20–30 formula for persistent
CHAPTER 1—SCHOOL INFRASTRUCTURE poverty counties.
Sec. 5424. Requirement.
Sec. 5301. Definitions. Sec. 10103. Targeting high-poverty census
Sec. 5302. Development of data standards. CHAPTER 2—CLEAN AIR PROGRAMS tracts.
Sec. 5303. Grants for the long-term improve- Sec. 5431. Wood heaters emissions reduction. Sec. 10104. Failure to target funds.
ment of public school facilities. Sec. 5432. Diesel emissions reduction pro- Sec. 10105. Report to Congress.
Sec. 5304. Uses of funds. gram. Subtitle B—Hiring Opportunities
Sec. 5305. Rule of construction. Sec. 5433. Protection of the Mercury and Air
Sec. 5306. Green practices. Sec. 10211. Local hiring initiative for con-
Toxics Standards.
Sec. 5307. Use of American iron, steel, and Sec. 5434. Net zero emissions at port facili- struction jobs.
manufactured products. ties program. TITLE XI—RAISING THE MINIMUM WAGE
Sec. 5308. Annual report on grant program. AND STRENGTHENING OVERTIME
Sec. 5309. Appropriations. CHAPTER 3—HEALTHY TRANSPORTATION
RIGHTS
Sec. 5310. Appropriations for impact aid con- Sec. 5441. Restoring neighborhoods and
Subtitle A—Raise the Wage Act
struction. strengthening communities
program. Sec. 11111. Short title.
CHAPTER 2—LIBRARY INFRASTRUCTURE Sec. 11112. Minimum wage increases.
Sec. 5442. Safer Healthier Streets program.
Sec. 5321. Definitions. Sec. 11113. Tipped employees.
Sec. 5322. Build America’s Libraries Fund. CHAPTER 4—OUTDOOR RECREATION LEGACY Sec. 11114. Newly hired employees who are
Sec. 5323. Allocation to States. PARTNERSHIP PROGRAM less than 20 years old.
Sec. 5324. Need-based grants to libraries. Sec. 5451. Definitions. Sec. 11115. Publication of notice.
Sec. 5325. Administration and oversight. Sec. 5452. Grants authorized. Sec. 11116. Promoting economic self-suffi-
Sec. 5326. Appropriation of funds. Sec. 5453. Eligible uses. ciency for individuals with dis-
CHAPTER 3—HBCU, TCU, AND OTHER MINOR- Sec. 5454. National Park Service require- abilities.
ITY-SERVING INSTITUTION INFRASTRUCTURE ments. Sec. 11117. General effective date.
Sec. 5331. Cancellation of debt under HBCU Sec. 5455. Reporting. Subtitle B—Restoring Overtime Pay Act
capital financing program. Sec. 5456. Revenue sharing.
Sec. 11121. Short title.
Sec. 5332. Additional appropriations for the Subtitle E—Labor and Wage Protections Sec. 11122. Minimum salary threshold for
HBCU historic preservation Sec. 5501. Labor standards. bona fide executive, adminis-
program. Sec. 5502. Wage rate. trative, and professional em-
Sec. 5333. Funding for construction of new Sec. 5503. Infrastructure workforce equity ployees exempt from Federal
facilities at TCUs. capacity building program. overtime compensation require-
Sec. 5334. Additional appropriations for Sec. 5504. Severability. ments.
HBCUs, TCUs, and minority-
serving institutions. TITLE VI—NEW HOMEBUYERS DOWN SEC. 3. EMERGENCY DESIGNATION.
Sec. 5335. Study and report on the physical PAYMENT TAX CREDIT (a) IN GENERAL.—The amounts provided by
condition of HBCUs and TCUs. Sec. 6001. Down payment tax credit for first- this Act are designated as an emergency re-
Subtitle D—Environmental Justice time homebuyers. quirement pursuant to section 4(g) of the
TITLE VII—RENTERS AND LOW-INCOME Statutory Pay-As-You-Go Act of 2010 (2
CHAPTER 1—DRINKING WATER AND CLEAN U.S.C. 933(g)).
WATER PROGRAMS HOUSING TAX CREDITS
(b) DESIGNATION IN SENATE.—In the Senate,
Sec. 5401. Sewer overflow and stormwater Sec. 7001. Renters credit. this Act is designated as an emergency re-
reuse municipal grants. Sec. 7002. Minimum credit rate. quirement pursuant to section 4112(a) of H.
Sec. 5402. Clean water infrastructure resil- TITLE VIII—EXPANDING MEDICAID Con. Res. 71 (115th Congress), the concurrent
iency and sustainability pro- COVERAGE resolution on the budget for fiscal year 2018.
gram. Sec. 8001. Increased FMAP for medical as- TITLE I—CHILD CARE IS ESSENTIAL
Sec. 5403. Grants for construction, refur- sistance to newly eligible indi- PROGRAM
bishing, and servicing of indi- viduals.
vidual household decentralized SEC. 1001. CHILD CARE IS ESSENTIAL PROGRAM.
wastewater systems for individ- TITLE IX—ADDRESSING MATERNAL (a) DEFINITIONS.—In this section, the terms
uals with low or moderate in- MORTALITY AND HEALTH ‘‘eligible child care provider’’, ‘‘Indian
come. Sec. 9001. Expanding Medicaid coverage for tribe’’, ‘‘lead agency’’, ‘‘tribal organization’’,
Sec. 5404. Connection to publicly owned pregnant individuals. ‘‘Secretary’’, and ‘‘State’’ have the meanings
treatment works. Sec. 9002. Community engagement in mater- given the terms in section 658P of the Child
dlhill on DSK120RN23PROD with SENATE
Sec. 5405. Water pollution control revolving nal mortality review commit- Care and Development Block Grant Act of
loan fund capitalization grants. tees. 1990 (42 U.S.C. 9858n) except as otherwise pro-
Sec. 5406. Water pollution control revolving Sec. 9003. Increased maternal levels of care vided in this section.
loan funds. in communities of color. (b) GRANTS.—From funds appropriated to
Sec. 5407. Authorization of appropriations Sec. 9004. Reporting on pregnancy-related carry out this section and under the author-
for water pollution control and pregnancy-associated ity of section 658O of the Child Care and De-
State revolving funds. deaths and complications. velopment Block Grant Act of 1990 (42 U.S.C.
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S7716 CONGRESSIONAL RECORD — SENATE December 18, 2020
9858m) and this section, the Secretary shall grants to qualified child care providers de- termined to be essential during the response
establish a Child Care Stabilization Fund scribed in subparagraph (B), to support the to COVID–19 by public officials), children of
grants program, through which the Sec- stability of the child care sector during and workers whose places of employment require
retary shall award child care stabilization after the qualifying emergency and to ensure their attendance, children experiencing
grants to the lead agency of each State (as the maintenance of a delivery system of homelessness, children with disabilities,
defined in that section 658O), territory de- child care services throughout the State that children at risk of child abuse or neglect,
scribed in subsection (a)(1) of such section, provides for child care in a variety of set- and children in foster care, in States, tribal
Indian tribe, and tribal organization from al- tings, including the settings of family child communities, or localities where stay-at-
lotments and payments made under sub- care providers, and for a variety of ages, in- home or related orders are in effect; or
section (c)(2), not later than 30 days after the cluding care for infants and toddlers. The (BB) children of workers whose places of
date of enactment of this Act. lead agency shall provide the subgrant funds employment require their attendance, chil-
(c) SECRETARIAL RESERVATION AND ALLOT- in advance of provider expenditures for costs dren experiencing homelessness, children
MENTS.— described in subsection (e), except as pro- with disabilities, children at risk of child
(1) RESERVATION.—The Secretary shall re- vided in subsection (e)(2). abuse or neglect, children in foster care, and
serve not more than 1 percent of the funds (B) QUALIFIED CHILD CARE PROVIDER.—To be children whose parents are in school or a
appropriated to carry out this section for the qualified to receive a subgrant under this training program, in States, tribal commu-
Federal administration of grants described paragraph, a provider shall be an eligible nities, or localities where stay-at-home or
in subsection (b). Amounts reserved by the child care provider that— related orders are not in effect;
Secretary for such administration shall re- (i) was providing child care services on or (bb) the provider will implement policies in
main available through fiscal year 2024. before March 1, 2020; and line with guidance from the Centers for Dis-
(2) ALLOTMENTS.—The Secretary shall use (ii) on the date of submission of an applica- ease Control and Prevention and the State,
the remainder of the funds appropriated to tion for the subgrant, was either— tribal, and local health authorities, and in
carry out this section to award allotments to (I) open and available to provide child care accordance with State, tribal, and local or-
States, as defined in section 658O of the Child services; or ders, for child care providers that remain
Care Development Block Grant Act of 1990 (II) closed due to the qualifying emer- open, including guidance on sanitization
(42 U.S.C. 9858m), and payments to terri- gency. practices, group size limits, and social
tories, Indian tribes, and tribal organizations (C) SUBGRANT AMOUNT.—The lead agency distancing;
in accordance with paragraphs (1) and (2) of shall make subgrants, from amounts award- (cc) for each employee, the provider will
subsection (a), and subsection (b), of section ed pursuant to subsection (b), to qualified pay the full compensation described in sub-
658O of the Child Care and Development child care providers, and the amount of such section (e)(1)(C), including any benefits, that
Block Grant Act of 1990 (42 U.S.C. 9858m). a subgrant to such a provider shall— was provided to the employee as of March 1,
(d) STATE RESERVATIONS AND SUBGRANTS.— (i)(I) be based on the provider’s stated av- 2020 (referred to in this clause as ‘‘full com-
(1) RESERVATION.—A lead agency for a erage operating expenses during the period pensation’’), and will not take any action
State that receives a child care stabilization (of not longer than 6 months) before March 1, that reduces the weekly amount of the em-
grant pursuant to subsection (b) shall re- 2020 or, for a provider that operates season- ployee’s compensation below the weekly
serve not more than 10 percent of such grant ally, during a period (of not longer than 6 amount of full compensation, or that reduces
funds— months) before the provider’s last day of op- the employee’s rate of compensation below
(A) to administer subgrants made to quali- eration; and the rate of full compensation; and
fied child care providers under paragraph (2), (II) at minimum cover such operating ex- (dd) the provider will provide relief from
including to carry out data systems building penses for the intended length of the copayments and tuition payments for the
and other activities that enable the disburse- subgrant; families enrolled in the provider’s program
ment of payments of such subgrants; (ii) account for increased costs of providing and prioritize such relief for families strug-
(B) to provide technical assistance and sup- or preparing to provide child care as a result gling to make either type of payment;
port in applying for and accessing the of the qualifying emergency, such as pro- (III) for a provider described in subpara-
subgrant opportunity under paragraph (2), to vider and employee compensation and exist- graph (B)(ii)(II), an assurance that—
eligible child care providers (including to ing benefits (existing as of March 1, 2020) and (aa) for the duration of the provider’s clo-
family child care providers, group home the implementation of new practices related sure due to the qualifying emergency, for
child care providers, and other non-center- to sanitization, group size limits, and social each employee, the provider will pay full
based child care providers, providers in rural distancing; compensation, and will not take any action
areas, and providers with limited adminis- (iii) be adjusted for payments or reim- that reduces the weekly amount of the em-
trative capacity), either directly or through bursements made to an eligible child care ployee’s compensation below the weekly
resource and referral agencies or staffed fam- provider to carry out the Child Care and De- amount of full compensation, or that reduces
ily child care networks; velopment Block Grant Act of 1990 (42 U.S.C. the employee’s rate of compensation below
(C) to publicize the availability of sub- 9857 et seq.) or the Head Start Act (42 U.S.C. the rate of full compensation;
grants under this section and conduct wide- 9831 et seq.) if the period of such payments or (bb) children enrolled as of March 1, 2020,
spread outreach to eligible child care pro- reimbursements overlaps with the period of will maintain their slots, unless their fami-
viders, including family child care providers, the subgrant; and lies choose to disenroll the children;
group home child care providers, and other (iv) be adjusted for payments or reimburse- (cc) for the duration of the provider’s clo-
non-center-based child care providers, pro- ments made to an eligible child care provider sure due to the qualifying emergency, the
viders in rural areas, and providers with lim- through the Paycheck Protection Program provider will provide relief from copayments
ited administrative capacity, either directly set forth in section 7(a)(36) of the Small and tuition payments for the families en-
or through resource and referral agencies or Business Act (15 U.S.C. 636(a)(36)), as added rolled in the provider’s program and
staffed family child care networks, to ensure by section 1102 of the Coronavirus Aid, Re- prioritize such relief for families struggling
eligible child care providers are aware of the lief, and Economic Security Act (Public Law to make either type of payment; and
subgrants available under this section; 116–136) if the period of such payments or re- (dd) the provider will resume operations
(D) to carry out the reporting require- imbursements overlaps with the period of when the provider is able to safely imple-
ments described in subsection (f); and the subgrant. ment policies in line with guidance from the
(E) to carry out activities to improve the (D) APPLICATION.— Centers for Disease Control and Prevention
supply and quality of child care during and (i) ELIGIBILITY.—To be eligible to receive a and the State, tribal, and local health au-
after the qualifying emergency, such as con- subgrant under this paragraph, a child care thorities, and in accordance with State, trib-
ducting community needs assessments, car- provider shall submit an application to a al, and local orders;
rying out child care cost modeling, making lead agency at such time and in such manner (IV) information about the child care pro-
improvements to child care facilities, in- as the lead agency may require. Such appli- vider’s—
creasing access to licensure or participation cation shall include— (aa) program characteristics sufficient to
in the State’s tiered quality rating system, (I) a good-faith certification that the ongo- allow the lead agency to establish the child
and carrying out other activities described ing operations of the child care provider care provider’s priority status, as described
in section 658G(b) of the Child Care and De- have been impacted as a result of the quali- in subparagraph (F);
velopment Block Grant Act of 1990 (42 U.S.C. fying emergency; (bb) program operational status on the
9858e(b)), to the extent that the lead agency (II) for a provider described in subpara- date of submission of the application;
can carry out activities described in this graph (B)(ii)(I), an assurance that, for the pe- (cc) type of program, including whether
subparagraph without preventing the lead riod of the subgrant— the program is a center-based child care,
dlhill on DSK120RN23PROD with SENATE
agency from fully conducting the activities (aa) the provider will give priority for family child care, group home child care, or
described in subparagraphs (A) through (D). available slots (including slots that are only other non-center-based child care type pro-
(2) SUBGRANTS TO QUALIFIED CHILD CARE temporarily available) to— gram;
PROVIDERS.— (AA) children of essential workers (such as (dd) total enrollment on the date of sub-
(A) IN GENERAL.—The lead agency shall use health care sector employees, emergency re- mission of the application and total capacity
the remainder of the grant funds awarded sponders, sanitation workers, farmworkers, as allowed by the State and tribal and local
pursuant to subsection (b) to make sub- child care employees, and other workers de- authorities; and
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7717
(ee) receipt of assistance, and amount of (G) PROVIDERS RECEIVING OTHER ASSIST- fied child care provider, submit a report to
assistance, through a payment or reimburse- ANCE.—The lead agency, in determining the Secretary that includes—
ment described in subparagraph (C)(iv), and whether a provider is a qualified child care (A) data on qualified child care providers
the time period for which the assistance was provider, shall not take into consideration that applied for subgrants and qualified child
made; receipt of a payment or reimbursement de- care providers that received such subgrants,
(V) information necessary to determine the scribed in clause (iii) or (iv) of subparagraph including—
amount of the subgrant, such as information (C). (i) the number of such applicants and the
about the provider’s stated average oper- (H) AWARDS.—The lead agency shall equi- number of such recipients;
ating expenses over the appropriate period tably make subgrants under this paragraph (ii) the number and proportion of such ap-
described in subparagraph (C)(i); and to center-based child care providers, family plicants and recipients that received priority
(VI) such other limited information as the child care providers, group home child care and the characteristic or characteristics of
lead agency shall determine to be necessary providers, and other non-center-based child such applicants and recipients associated
to make subgrants to qualified child care care providers, such that qualified child care with the priority;
providers. providers are able to access the subgrant op- (iii) the number and proportion of such ap-
(ii) FREQUENCY.—The lead agency shall ac- portunity under this paragraph regardless of plicants and recipients that are—
cept and process applications submitted the providers’ setting, size, or administrative (I) center-based child care providers;
under this subparagraph on a rolling basis. capacity. (II) family child care providers;
(iii) UPDATES.—The lead agency shall— (I) OBLIGATION.—The lead agency shall ob- (III) group home child care providers; or
(I) at least once a month, verify by obtain- ligate at least 50 percent of funds available (IV) other non-center-based child care pro-
ing a self-attestation from each qualified to carry out this section for subgrants de- viders; and
child care provider that received such a scribed in this paragraph not later than 6 (iv) within each of the groups listed in
subgrant from the agency, whether the pro- months after the date of enactment of this clause (iii), the number of such applicants
vider is open and available to provide child Act. and recipients that are, on the date of sub-
care services or is closed due to the quali- (e) USES OF FUNDS.— mission of the application—
fying emergency; (1) IN GENERAL.—A qualified child care pro- (I) open and available to provide child care
(II) allow the qualified child care provider vider that receives funds through such a
to update the information provided in a prior services; or
subgrant may use the funds for the costs of— (II) closed due to the qualifying emer-
application; and
(A) payroll; gency;
(III) adjust the qualified child care pro-
(B) employee benefits, including group (B) the total capacity of child care pro-
vider’s subgrant award as necessary, based
health plan benefits during periods of paid viders that are licensed, regulated, or reg-
on changes to the application information,
sick, medical, or family leave, and insurance istered in the State on the date of the sub-
including changes to the provider’s oper-
premiums; mission of the report;
ational status.
(C) employee salaries or similar compensa- (C) a description of—
(iv) EXISTING APPLICATIONS.—If a lead agen-
tion, including any income or other com- (i) the efforts of the lead agency to pub-
cy has established and implemented a grant
program for child care providers that is in ef- pensation to a sole proprietor or independent licize the availability of subgrants under this
fect on the date of enactment of this Act, contractor that is a wage, commission, in- section and conduct widespread outreach to
and an eligible child care provider has al- come, net earnings from self-employment, or eligible child care providers about such sub-
ready submitted an application for such a similar compensation; grants, including efforts to make materials
grant to the lead agency containing the in- (D) employee recruitment and retention; available in languages other than English;
formation specified in clause (i), the lead (E) payment on any mortgage obligation; (ii) the lead agency’s methodology for de-
agency shall treat that application as an ap- (F) rent (including rent under a lease termining amounts of subgrants under sub-
plication submitted under this subparagraph. agreement); section (d)(2);
If an eligible child care provider has already (G) utilities and facilities maintenance; (iii) the lead agency’s timeline for dis-
submitted such an application containing (H) insurance; bursing the subgrant funds; and
part of the information specified in clause (I) providing premium pay for child care (iv) the lead agency’s plan for ensuring
(i), the provider may submit to the lead providers and other employees who provide that qualified child care providers that re-
agency an abbreviated application that con- services during the qualifying emergency; ceive funding through such a subgrant com-
tains the remaining information, and the (J) sanitization and other costs associated ply with assurances described in subsection
lead agency shall treat the 2 applications as with cleaning; (d)(2)(D) and use funds in compliance with
an application submitted under this subpara- (K) personal protective equipment and subsection (e); and
graph. other equipment necessary to carry out the (D) such other limited information as the
(E) MATERIALS.— functions of the child care provider; Secretary may require.
(i) IN GENERAL.—The lead agency shall pro- (L) training and professional development (2) QUARTERLY REPORT.—The lead agency
vide the materials and other resources re- related to health and safety practices, in- shall, following the submission of such ini-
lated to such subgrants, including a notifica- cluding the proper implementation of poli- tial report, submit to the Secretary a report
tion of subgrant opportunities and applica- cies in line with guidance from the Centers that contains the information described in
tion materials, to qualified child care pro- for Disease Control and Prevention and the subparagraphs (A), (B), and (D) of paragraph
viders in the most commonly spoken lan- State, tribal, and local health authorities, (1) once a quarter until all funds allotted for
guages in the State. and in accordance with State, tribal, and activities authorized under this section are
(ii) APPLICATION.—The application shall be local orders; expended.
accessible on the website of the lead agency (M) purchasing or updating equipment and (3) FINAL REPORT.—Not later than 60 days
within 30 days after the lead agency receives supplies to serve children during nontradi- after a lead agency receiving a grant under
grant funds awarded pursuant to subsection tional hours; this section has obligated all of the grant
(b) and shall be accessible to all eligible (N) modifications to child care services as funds (including funds received under sub-
child care providers, including family child a result of the qualifying emergency, such as section (h)), the lead agency shall submit a
care providers, group home child care pro- limiting group sizes, adjusting staff-to-child report to the Secretary, in such manner as
viders, and other non-center-based child care ratios, and implementing other heightened the Secretary may require, that includes—
providers, providers in rural areas, and pro- health and safety measures; (A) the total number of eligible child care
viders with limited administrative capacity. (O) mental health services and supports for providers who were providing child care serv-
(F) PRIORITY.—In making subgrants under children and employees; and ices on or before March 1, 2020, in the State
this section, the lead agency shall give pri- (P) other goods and services necessary to and the number of such providers that sub-
ority to qualified child care providers that, maintain or resume operation of the child mitted an application under subsection
prior to or on March 1, 2020— care program, or to maintain the viability of (d)(2)(D);
(i) provided child care during nontradi- the child care provider as a going concern (B) the number of qualified child care pro-
tional hours; during and after the qualifying emergency. viders in the State that received funds
(ii) served dual language learners, children (2) REIMBURSEMENT.—The qualified child through the grant;
with disabilities, children experiencing care provider may use the subgrant funds to (C) the lead agency’s methodology for de-
homelessness, children in foster care, chil- reimburse the provider for sums obligated or termining amounts of subgrants under sub-
dren from low-income families, or infants expended before the date of enactment of section (d)(2);
and toddlers; this Act for the cost of a good or service de- (D) the average and range of the subgrant
dlhill on DSK120RN23PROD with SENATE
(iii) served a high proportion of children scribed in paragraph (1) to respond to the amounts by provider type (center-based child
whose families received subsidies under the qualifying emergency. care, family child care, group home child
Child Care and Development Block Grant (f) REPORTING.— care, or other non-center-based child care
Act of 1990 (42 U.S.C. 9857 et seq.) for the (1) INITIAL REPORT.—A lead agency receiv- provider);
child care; or ing a grant under this section shall, within (E) the percentages, of the child care pro-
(iv) operated in localities, including rural 60 days after making the agency’s first viders that received such a subgrant, that,
localities, with a low supply of child care. subgrant under subsection (d)(2) to a quali- on or before March 1, 2020—
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S7718 CONGRESSIONAL RECORD — SENATE December 18, 2020
(i) provided child care during nontradi- (2) REALLOTMENT.—The Secretary shall Fund, to be transferred to the Secretary of
tional hours; award new allotments and payments, in ac- Health and Human Services for capital
(ii) served dual language learners, children cordance with subsection (c)(2), to covered projects of the community health center pro-
with disabilities, children experiencing States, Indian tribes, or tribal organizations gram under section 330 of the Public Health
homelessness, children in foster care, chil- from funds that are returned under para- Service Act, $2,000,000,000, to remain avail-
dren from low-income families, or infants graph (1) within 60 days of receiving such able until expended.’’.
and toddlers; funds. Funds made available through the SEC. 2103. TEACHING HEALTH CENTERS THAT
(iii) served a high percentage of children new allotments and payments shall remain OPERATE GRADUATE MEDICAL EDU-
whose families received subsidies under the available to each such covered State, Indian CATION PROGRAM.
Child Care and Development Block Grant tribe, or tribal organization until September For purposes of carrying out the teaching
Act of 1990 (42 U.S.C. 9857 et seq.) for the 30, 2023. health centers that operate graduate medical
child care; and (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL education program under section 340H of the
(iv) operated in localities, including rural ORGANIZATION.—For purposes of paragraph
Public Health Service Act (42 U.S.C. 256h),
localities, with a low supply of child care; (2), a covered State, Indian tribe, or tribal there are hereby appropriated, out of
amounts in the Treasury not otherwise ap-
(F) the number of children served by the organization is a State, Indian tribe, or trib-
propriated, $1,000,000,000, to remain available
child care providers that received such a al organization that received an allotment or
until expended.
subgrant, for the duration of the subgrant; payment under this section and was not re-
SEC. 2104 HOSPITAL INFRASTRUCTURE.
(G) the percentages, of the child care pro- quired to return grant funds under paragraph
Section 1610(a) of the Public Health Serv-
viders that received such a subgrant, that (1).
(i) EXCEPTIONS.—The Child Care and Devel- ice Act (42 U.S.C. 300r(a)) is amended by
are—
opment Block Grant Act of 1990 (42 U.S.C. striking paragraph (3) and inserting the fol-
(i) center-based child care providers;
lowing paragraphs:
(ii) family child care providers; 9857 et seq.), excluding requirements in sub-
‘‘(3) PRIORITY.—In awarding grants under
(iii) group home child care providers; or paragraphs (C) through (E) of section
this subsection, the Secretary shall give pri-
(iv) other non-center-based child care pro- 658E(c)(3), section 658G, and section 658J(c) of
ority to applicants whose projects will in-
viders; such Act (42 U.S.C. 9858c(c)(3), 9858e,
clude, by design, cybersecurity against cyber
(H) the percentages, of the child care pro- 9858h(c)), shall apply to child care services
threats.
viders listed in subparagraph (G) that are, on provided under this section to the extent the
‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.—
the date of submission of the application— application of such Act does not conflict
‘‘(A) IN GENERAL.—As a condition on re-
(i) open and available to provide child care with the provisions of this section. Nothing
ceipt of a grant under this section for a
services; or in this section shall be construed to require
project, an entity shall ensure that all of the
(ii) closed due to the qualifying emergency; a State, Indian tribe, or tribal organization
iron and steel products used in the project
(I) information about how child care pro- to submit an application, other than the ap-
are produced in the United States.
viders used the funds received under such a plication described in section 658E or 658O(c)
‘‘(B) APPLICATION.—Subparagraph (A) shall
subgrant; of the Child Care and Development Block
be waived in any case or category of cases in
(J) information about how the lead agency Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)),
which the Secretary finds that—
used funds reserved under subsection (d)(1); to receive a grant under this section.
(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) applying subparagraph (A) would be in-
and
(1) IN GENERAL.—There is authorized to be consistent with the public interest;
(K) information about how the subgrants
appropriated, and there is appropriated, out ‘‘(ii) iron and steel products are not pro-
helped to stabilize the child care sector.
of any money in the Treasury not already duced in the United States in sufficient and
(4) REPORTS TO CONGRESS.—
appropriated, to carry out this section reasonably available quantities and of a sat-
(A) FINDINGS FROM INITIAL REPORTS.—Not
$50,000,000,000 for fiscal year 2020, to remain isfactory quality; or
later than 60 days after receiving all reports
available until expended. ‘‘(iii) inclusion of iron and steel products
required to be submitted under paragraph
(2) APPLICATION.—In carrying out the Child produced in the United States will increase
(1), the Secretary shall provide a report to
Care and Development Block Grant Act of the cost of the overall project by more than
the Committee on Education and Labor and
1990 with funds other than the funds appro- 25 percent.
the Committee on Appropriations of the
priated under paragraph (1), the Secretary ‘‘(C) WAIVER.—If the Secretary receives a
House of Representatives and to the Com-
shall calculate the amounts of appropriated request for a waiver under this paragraph,
mittee on Health, Education, Labor, and
funds described in subsections (a) and (b) of the Secretary shall make available to the
Pensions and the Committee on Appropria-
section 658O of such Act (42 U.S.C. 9858m) by public, on an informal basis, a copy of the re-
tions of the Senate, summarizing the find-
excluding funds appropriated under para- quest and information available to the Sec-
ings from the reports received under para-
graph (1). retary concerning the request, and shall
graph (1).
allow for informal public input on the re-
(B) FINDINGS FROM FINAL REPORTS.—Not TITLE II—EXPANDING AND IMPROVING
quest for at least 15 days prior to making a
later than 36 months after the date of enact- ACCESS TO COMMUNITY HEALTH CARE
finding based on the request. The Secretary
ment of this Act, the Secretary shall provide Subtitle A—Support for Health Centers, shall make the request and accompanying
a report to the Committee on Education and Hospitals, and Other Health Care Facilities information available by electronic means,
Labor and the Committee on Appropriations SEC. 2101. PRIMARY HEALTH CARE. including on the official public internet site
of the House of Representatives and to the In addition to amounts otherwise made of the Department of Health and Human
Committee on Health, Education, Labor, and available for such purposes, there are hereby Services.
Pensions and the Committee on Appropria- appropriated, out of amounts in the Treas- ‘‘(D) INTERNATIONAL AGREEMENTS.—This
tions of the Senate, summarizing the find- ury not otherwise appropriated, to the Sec- paragraph shall be applied in a manner con-
ings from the reports received under para- retary of Health and Human Services, sistent with United States obligations under
graph (3). $7,600,000,000, for grants and cooperative international agreements.
(g) SUPPLEMENT NOT SUPPLANT.—Amounts agreements under section 330 of the Public ‘‘(E) MANAGEMENT AND OVERSIGHT.—The
made available to carry out this section Health Service Act (42 U.S.C. 254b), and for Secretary may retain up to 0.25 percent of
shall be used to supplement and not supplant grants to Federally qualified health centers the funds appropriated for this section for
other Federal, State, and local public funds (as defined in section 1861(aa)(4)(B) of the So- management and oversight of the require-
expended to provide child care services for cial Security Act (42 U.S.C. 1395x(aa))) and ments of this paragraph.
eligible individuals, including funds provided for eligible entities under the Native Hawai- ‘‘(F) EFFECTIVE DATE.—This paragraph does
under the Child Care and Development Block ian Health Care Improvement Act (42 U.S.C. not apply with respect to a project if a State
Grant Act of 1990 (42 U.S.C. 9857 et seq.) and 11701 et seq.). Amounts appropriated under agency approves the engineering plans and
State child care programs. this paragraph shall remain available until specifications for the project, in that agen-
(h) REALLOTMENT OF UNOBLIGATED expended. Subsections (r)(2)(B), (e)(6)(A)(iii), cy’s capacity to approve such plans and spec-
FUNDS.— and (e)(6)(B)(iii) of section 330 of the Public ifications prior to a project requesting bids,
(1) UNOBLIGATED FUNDS.—A State, Indian Health Service Act (42 U.S.C. 254) shall not prior to the date of enactment of this para-
tribe, or tribal organization that anticipates apply to funds provided under this para- graph.
being unable to obligate all grant funds re- graph. ‘‘(5) FUNDING.—To carry out this sub-
ceived under this section by September 30, SEC. 2102. ADDITIONAL COMMUNITY HEALTH section, there are hereby appropriated, out
2022 shall notify the Secretary, at least 60 CENTER FUNDING. of amounts in the Treasury not otherwise
days prior to such date, of the amount of Section 10503 of the Patient Protection and appropriated, $750,000,000, to remain avail-
dlhill on DSK120RN23PROD with SENATE
funds the entity anticipates being unable to Affordable Care Act (42 U.S.C. 254b–2) is able until expended.’’.
obligate by such date. A State, Indian tribe, amended by striking subsection (c) and in- SEC. 2105. 21ST CENTURY INDIAN HEALTH PRO-
or tribal organization shall return to the serting the following: GRAM HOSPITALS AND OUTPATIENT
Secretary any grant funds received under ‘‘(c) ADDITIONAL ENHANCED FUNDING; CAP- HEALTH CARE FACILITIES.
this section that the State, Indian tribe, or ITAL PROJECTS.—There are hereby appro- The Indian Health Care Improvement Act
tribal organization does not obligate by Sep- priated, out of any monies in the Treasury is amended by inserting after section 301 of
tember 30, 2022. not otherwise appropriated, to the CHC such Act (25 U.S.C. 1631) the following:
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7719
‘‘SEC. 301A. ADDITIONAL FUNDING FOR PLAN- ‘‘(1) proposes to use the grant for the estab- retary shall submit to the Committee on
NING, DESIGN, CONSTRUCTION, lishment of a school of medicine or osteo- Health, Education, Labor, and Pensions of
MODERNIZATION, AND RENOVATION
pathic medicine, or a branch campus of a the Senate and the Committee on Energy
OF HOSPITALS AND OUTPATIENT
HEALTH CARE FACILITIES. school of medicine or osteopathic medicine, and Commerce of the House of Representa-
‘‘(a) ADDITIONAL FUNDING.—For the purpose in an area— tives a report that provides a summary of
described in subsection (b), in addition to ‘‘(A) in which no other such school is the activities and outcomes associated with
any other funds available for such purpose, based; and grants made under this section. Such reports
there are hereby appropriated to the Sec- ‘‘(B) that is a medically underserved com- shall include—
retary, out of amounts in the Treasury not munity or a health professional shortage ‘‘(A) a list of awardees, including their pri-
otherwise appropriated, $200,000,000, to re- area; or mary geographic location, and location of
main available until expended. ‘‘(2) is a minority-serving institution de- any school of medicine or osteopathic medi-
‘‘(b) PURPOSE.—The purpose described in scribed in section 371(a) of the Higher Edu- cine, or a branch campus of school of medi-
this subsection is the planning, design, con- cation Act of 1965. cine or osteopathic medicine that was estab-
‘‘(c) CONSIDERATIONS.—In awarding grants lished, improved, or expanded under this pro-
struction, modernization, and renovation of
under this section, the Secretary, to the ex- gram;
hospitals and outpatient health care facili-
tent practicable, may ensure equitable dis- ‘‘(B) the total number of students (includ-
ties that are funded, in whole or part, by the
tribution of awards among the geographical ing the number of students from racial and
Service through, or provided for in, a con- regions of the United States.
tract or compact with the Service under the ethnic groups underrepresented among med-
‘‘(d) USE OF FUNDS.—An institution of ical students and health professions, low-in-
Indian Self-Determination and Education higher education (or a consortium of such in-
Assistance Act (25 U.S.C. 5301 et seq.).’’. come students, and first generation college
stitutions)— students) who—
SEC. 2106. PILOT PROGRAM TO IMPROVE COMMU- ‘‘(1) shall use grant amounts received
NITY-BASED CARE INFRASTRUC- ‘‘(i) are enrolled at or who have graduated
under this section to— from any school of medicine or osteopathic
TURE.
‘‘(A) recruit, enroll, and retain students, medicine, or a branch campus of school of
(a) IN GENERAL.—The Secretary of Health including individuals who are from disadvan-
and Human Services may award grants to medicine or osteopathic medicine, that was
taged backgrounds (including racial and eth- established, improved, or expanded under
qualified teaching health centers (as defined nic groups underrepresented among medical
in section 340H of the Public Health Service this program, deidentified and disaggregated
students and health professions), individuals by race, ethnicity, age, sex, geographic re-
Act (42 U.S.C. 256h)) and behavioral health from rural and underserved areas, low-in-
care centers (as defined by the Secretary, to gion, disability status, and other relevant
come individuals, and first generation col- factors, to the extent such information is
include both substance abuse and mental lege students, at a school of medicine or os-
health care facilities) to support the im- available; and
teopathic medicine or branch campus of a ‘‘(ii) who subsequently participate in an
provement, renovation, or modernization of school of medicine or osteopathic medicine;
infrastructure at such centers. accredited internship or medical residency
and program upon graduation from any school of
(b) FUNDING.—To carry out this section,
‘‘(B) develop, implement, and expand cur- medicine or osteopathic medicine, or a
there are hereby appropriated, out of
riculum that emphasizes care for rural and branch campus of a school of medicine or os-
amounts in the Treasury not otherwise ap-
underserved populations, including acces- teopathic medicine, that was established,
propriated, $100,000,000, to remain available
sible and culturally and linguistically appro- improved, or expanded under this program,
until expended.
priate care and services, at such school or deidentified and disaggregated by race, eth-
SEC. 2107. SCHOOL-BASED HEALTH CENTERS.
branch campus; and nicity, age, sex, geographic region, disability
(a) ELIMINATION OF LIMITATION ON ELIGI- ‘‘(2) may use grant amounts received under
BILITY OF HEALTH CENTERS.— status, medical specialty pursued, and other
this section to— relevant factors, to the extent such informa-
(1) REPEAL.—Section 399Z–1(f)(3) of the ‘‘(A) plan and construct—
Public Health Service Act (42 U.S.C. 280h– tion is available;
‘‘(i) a school of medicine or osteopathic ‘‘(C) the effects of such program on the
5(f)(3)) is amended by striking subparagraph medicine in an area in which no other such
(B). health care provider workforce, including
school is based; or any impact on demographic representation
(2) CONFORMING CHANGE.—Section 399Z– ‘‘(ii) a branch campus of a school of medi-
1(f)(3) of the Public Health Service Act (42 disaggregated by race, ethnicity, and sex,
cine or osteopathic medicine in an area in and the fields or specialties pursued by stu-
U.S.C. 280h–5(f)(3)) is amended by striking which no other such school is based;
‘‘LIMITATIONS’’ and all that follows through dents who have graduated from any school of
‘‘(B) plan, develop, and meet criteria for medicine or osteopathic medicine, or a
‘‘Any provider of services’’ and inserting accreditation for a school of medicine or os-
‘‘LIMITATION.—Any provider of services’’. branch campus of school of medicine or os-
teopathic medicine or branch campus of a teopathic medicine, that was established,
(b) AUTHORIZATION OF APPROPRIATIONS.— school of medicine or osteopathic medicine;
Section 399Z–1(l) of the Public Health Serv- improved, or expanded under this program;
‘‘(C) hire faculty, including faculty from ‘‘(D) the effects of such program on health
ice Act (42 U.S.C. 280h–5(l)) is amended to racial and ethnic groups who are underrep-
read as follows: care access in underserved areas, including
resented among the medical and other health medically underserved communities and
‘‘(l) FUNDING.—For purposes of carrying
professions, and other staff to serve at such health professional shortage areas; and
out this section, there are hereby appro-
a school or branch campus; ‘‘(E) recommendations for improving the
priated, out of amounts in the Treasury not
‘‘(D) support educational programs at such program described in this section, and any
otherwise appropriated, $70,000,000 for each of
a school or branch campus; other considerations as the Secretary deter-
fiscal years 2021 through 2025, to remain
‘‘(E) modernize and expand infrastructure mines appropriate.
available until expended.’’.
at such a school or branch campus; and ‘‘(3) PUBLIC AVAILABILITY.—The Secretary
Subtitle B—Support for Health Care ‘‘(F) support other activities that the Sec-
Workforce Training shall make reports submitted under para-
retary determines further the establishment, graph (2) publicly available on the internet
SEC. 2201. GRANTS FOR SCHOOLS OF MEDICINE improvement, or expansion of a school of website of the Department of Health and
AND SCHOOLS OF OSTEOPATHIC medicine or osteopathic medicine or branch
MEDICINE IN UNDERSERVED AREAS. Human Services.
campus of a school of medicine or osteo-
Subpart II of part C of title VII of the Pub- pathic medicine. ‘‘(g) DEFINITIONS.—In this section:
lic Health Service Act (42 U.S.C. 293m et ‘‘(e) APPLICATION.—To be eligible to receive ‘‘(1) BRANCH CAMPUS.—
seq.) is amended by adding at the end the fol- a grant under subsection (a), an institution ‘‘(A) IN GENERAL.—The term ‘branch cam-
lowing: of higher education (or a consortium of such pus’, with respect to a school of medicine or
‘‘SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE institutions), shall submit an application to osteopathic medicine, means an additional
AND SCHOOLS OF OSTEOPATHIC the Secretary at such time, in such manner, location of such school that is geographi-
MEDICINE IN UNDERSERVED AREAS. and containing such information as the Sec- cally apart and independent of the main
‘‘(a) IN GENERAL.—The Secretary, acting retary may require, including a description campus, at which the school offers at least 50
through the Administrator of the Health Re- of the institution’s or consortium’s planned percent of the program leading to a degree of
sources and Services Administration, may activities described in subsection (d). doctor of medicine or doctor of osteopathy
award grants to institutions of higher edu- ‘‘(f) REPORTING.— that is offered at the main campus.
cation (including consortiums of such insti- ‘‘(1) REPORTS FROM ENTITIES.—Each insti- ‘‘(B) INDEPENDENCE FROM MAIN CAMPUS.—
tutions) for the establishment, improvement, tution of higher education, or consortium of For purposes of subparagraph (A), the loca-
or expansion of a school of medicine or os- such institutions, awarded a grant under this tion of a school described in such subpara-
dlhill on DSK120RN23PROD with SENATE
teopathic medicine, or a branch campus of a section shall submit an annual report to the graph shall be considered to be independent
school of medicine or osteopathic medicine. Secretary on the activities conducted under of the main campus described in such sub-
‘‘(b) PRIORITY.—In selecting grant recipi- such grant, and other information as the paragraph if the location—
ents under this section, the Secretary shall Secretary may require. ‘‘(i) is permanent in nature;
give priority to any institution of higher ‘‘(2) REPORT TO CONGRESS.—Not later than 5 ‘‘(ii) offers courses in educational pro-
education (or consortium of such institu- years after the date of enactment of this sec- grams leading to a degree, certificate, or
tions) that— tion and every 5 years thereafter, the Sec- other recognized educational credential;
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S7720 CONGRESSIONAL RECORD — SENATE December 18, 2020
‘‘(iii) has its own faculty and administra- ment, personal protective equipment, sim- ‘‘(k) ADDITIONAL FUNDING.—In addition to
tive or supervisory organization; and ulation and augmented reality resources, amounts otherwise made available for such
‘‘(iv) has its own budgetary and hiring au- telehealth technologies, and virtual and purpose, to carry out this section, there are
thority. physical laboratories; hereby appropriated, out of amounts in the
‘‘(2) FIRST GENERATION COLLEGE STUDENT.— ‘‘(5) partnering with a health care facility, Treasury not otherwise appropriated,
The term ‘first generation college student’ nurse-managed health clinic, community $100,000,000, to remain available until ex-
has the meaning given such term in section health center, or other facility that provides pended.’’.
402A(h)(3) of the Higher Education Act of health care in order to provide educational SEC. 2204. LOAN REPAYMENT AND SCHOLARSHIP
1965. opportunities for the purpose of establishing PROGRAMS FOR THE NURSING
‘‘(3) HEALTH PROFESSIONAL SHORTAGE or expanding clinical education; WORKFORCE.
AREA.—The term ‘health professional short- ‘‘(6) enhancing and expanding nursing pro- Section 846 of the Public Health Service
age area’ has the meaning given such term in grams that prepare nurse researchers and Act (42 U.S.C. 297n) is amended by adding at
section 332(a). scientists; the end the following:
‘‘(4) INSTITUTION OF HIGHER EDUCATION.— ‘‘(7) establishing nurse-led ‘‘(j) ADDITIONAL FUNDING.—In addition to
The term ‘institution of higher education’ intradisciplinary and interprofessional edu- amounts otherwise made available to carry
has the meaning given such term in section cational partnerships; and out this section, there are hereby appro-
101 of the Higher Education Act of 1965. ‘‘(8) other activities that the Secretary de- priated, out of amounts in the Treasury not
‘‘(5) MEDICALLY UNDERSERVED COMMU- termines further the development, improve- otherwise appropriated, $750,000,000, to re-
NITY.—The term ‘medically underserved ment, and expansion of schools of nursing. main available until expended.’’.
community’ has the meaning given such ‘‘(e) REPORTS FROM ENTITIES.—Each school SEC. 2205. ADDITIONAL FUNDING FOR HEALTH
of nursing awarded a grant under this sec- PROFESSIONS EDUCATION.
term in section 799B(6).
‘‘(h) FUNDING.—To carry out this section, tion shall submit an annual report to the In addition to amounts otherwise made
there are hereby appropriated, out of Secretary on the activities conducted under available for such purpose, to carry out the
amounts in the Treasury not otherwise ap- such grant, and other information as the programs under title VII of the Public
propriated, $1,000,000,000, to remain available Secretary may require. Health Service Act (42 U.S.C. 292 et seq.),
until expended.’’. ‘‘(f) REPORT TO CONGRESS.—Not later than there are hereby appropriated, out of
SEC. 2202. SUPPORT FOR NURSING EDUCATION 5 years after the date of the enactment of amounts in the Treasury not otherwise ap-
AND THE FUTURE NURSING WORK- this section, the Secretary shall submit to propriated, $250,000,000, to remain available
FORCE. the Committee on Health, Education, Labor, until expended.
(a) IN GENERAL.—Part D of title VIII of the and Pensions of the Senate and the Com- SEC. 2206. ADDITIONAL FUNDING FOR NURSING
Public Health Service Act (42 U.S.C. 296p et mittee on Energy and Commerce of the WORKFORCE DEVELOPMENT.
seq.) is amended by adding at the end the fol- House of Representatives a report that pro- In addition to amounts otherwise made
lowing: vides a summary of the activities and out- available for such purpose, to carry out the
‘‘SEC. 832. NURSING EDUCATION ENHANCEMENT comes associated with grants made under programs under title VIII of the Public
AND MODERNIZATION GRANTS IN this section. Such report shall include— Health Service Act (42 U.S.C. 296 et seq.),
UNDERSERVED AREAS. ‘‘(1) a list of schools of nursing receiving there are hereby appropriated, out of
‘‘(a) IN GENERAL.—The Secretary, acting grants under this section, including the pri- amounts in the Treasury not otherwise ap-
through the Administrator of the Health Re- mary geographic location of any school of propriated, $250,000,000, to remain available
sources and Services Administration, may nursing that was improved or expanded until expended.
award grants to schools of nursing (as de- through such a grant; SEC. 2207. NATIONAL HEALTH SERVICE CORPS.
fined in section 801) for— ‘‘(2) the total number of students who are In addition to amounts otherwise made
‘‘(1) increasing the number of faculty and enrolled at or who have graduated from any available for such purposes, there are hereby
students at such schools in order to enhance school of nursing that was improved or ex- appropriated, out of amounts in the Treas-
the preparedness of the United States for, panded through a grant under this section, ury not otherwise appropriated, to the Sec-
and the ability of the United States to ad- which such statistic shall— retary of Health and Human Services,
dress and quickly respond to, public health ‘‘(A) to the extent such information is $2,500,000,000, for purposes of carrying out the
emergencies declared under section 319 and available, be deidentified and disaggregated National Health Service Corps program, to
pandemics; or by race, ethnicity, age, sex, geographic re- remain available until expended.
‘‘(2) the enhancement and modernization of gion, disability status, and other relevant Subtitle C—Improving Access to Health Care
nursing education programs. factors; and Services
‘‘(b) PRIORITY.—In selecting grant recipi- ‘‘(B) include an indication of the number of SEC. 2301.
EXPANDING ACCESS TO MENTAL
ents under this section, the Secretary shall such students who are from racial or ethnic HEALTH SERVICES AND CERTAIN
give priority to schools of nursing that— groups underrepresented in the nursing EVALUATION AND MANAGEMENT
‘‘(1) are located in a medically underserved workforce, such students who are from rural SERVICES FURNISHED THROUGH
community; or underserved areas, such students who are TELEHEALTH.
‘‘(2) are located in a health professional low-income students, and such students who (a) TREATMENT OF MENTAL HEALTH SERV-
shortage area as defined under section 332(a); are first generation college students (as de- ICES FURNISHED THROUGH TELEHEALTH.—
or fined in section 402A(h)(3) of the Higher Edu- Paragraph (7) of section 1834(m) of the Social
‘‘(3) are institutions of higher education cation Act of 1965); Security Act (42 U.S.C. 1395m(m)) is amend-
listed under section 371(a) of the Higher Edu- ‘‘(3) to the extent such information is ed—
cation Act of 1965. available, the effects of the grants awarded (1) in the paragraph heading, by inserting
‘‘(c) CONSIDERATION.—In awarding grants under this section on retaining and hiring of ‘‘AND MENTAL HEALTH SERVICES’’ after ‘‘DIS-
under this section, the Secretary, to the ex- faculty, including any increase in diverse ORDER SERVICES’’; and
tent practicable, may ensure equitable dis- faculty, the number of clinical education (2) by inserting ‘‘or, on or after the first
tribution of awards among the geographic re- partnerships, the modernization of nursing day after the end of the public health emer-
gions of the United States. education infrastructure, and other ways gency described in section 1135(g)(1)(B), to an
‘‘(d) USE OF FUNDS.—A school of nursing this section helps address and quickly re- eligible telehealth individual for purposes of
that receives a grant under this section may spond to public health emergencies and diagnosis, evaluation, or treatment of a men-
use the funds awarded through such grant for pandemics; tal health disorder, as determined by the
activities that include— ‘‘(4) recommendations for improving the Secretary,’’ after ‘‘as determined by the Sec-
‘‘(1) enhancing enrollment and retention of grants awarded under this section; and retary,’’.
students at such school, with a priority for ‘‘(5) any other considerations as the Sec- (b) TREATMENT OF CERTAIN EVALUATION
students from disadvantaged backgrounds retary determines appropriate. AND MANAGEMENT SERVICES FURNISHED
(including racial or ethnic groups underrep- ‘‘(g) FUNDING.—To carry out this section, THROUGH TELEHEALTH.—Such section
resented in the nursing workforce), individ- there are hereby appropriated, out of 1834(m), as amended by subsection (a), is
uals from rural and underserved areas, low- amounts in the Treasury not otherwise ap- amended—
income individuals, and first generation col- propriated, $1,000,000,000, to remain available (1) in paragraph (4)(C)—
lege students (as defined in section 402A(h)(3) until expended.’’. (A) in clause (i), by striking ‘‘and (7)’’ and
of the Higher Education Act of 1965); (b) STRENGTHENING NURSE EDUCATION.— inserting ‘‘(7), and (9)’’; and
‘‘(2) creating, supporting, or modernizing The heading of part D of title VIII of the (B) in clause (ii)(X), by inserting ‘‘or para-
educational programs and curriculum at Public Health Service Act (42 U.S.C. 296p et graph (9)(A)’’ before the period; and
dlhill on DSK120RN23PROD with SENATE
such school; seq.) is amended by striking ‘‘BASIC’’. (2) by adding at the end the following new
‘‘(3) retaining current faculty, and hiring SEC. 2203. LOAN REPAYMENT PROGRAM FOR paragraph:
new faculty, with an emphasis on faculty SUBSTANCE USE DISORDER TREAT- ‘‘(9) TREATMENT OF CERTAIN EVALUATION
from racial or ethnic groups who are under- MENT WORKFORCE. AND MANAGEMENT SERVICES FURNISHED
represented in the nursing workforce; Section 781 of the Public Health Service THROUGH TELEHEALTH.—
‘‘(4) modernizing infrastructure at such Act (42 U.S.C. 295h) is amended by adding at ‘‘(A) IN GENERAL.—The geographic require-
school, including audiovisual or other equip- the end the following: ments described in paragraph 4(C)(i) shall
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7721
not apply with respect to a telehealth serv- ‘‘(iii) that is able to respond in a timely mobile crisis intervention services provided
ice that is a medical visit that is in the cat- manner and, where appropriate, provide the under this subsection that are attributable
egory of HCPCS evaluation and management following— to the increased Federal medical assistance
services for office and other outpatient serv- ‘‘(I) screening and assessment; percentage under paragraph (3)(A) will be
ices and that is furnished on or after the first ‘‘(II) stabilization and de-escalation; used to supplement, and not supplant, the
day after the end of the public health emer- ‘‘(III) coordination with, and referrals to, level of State funds expended for such serv-
gency described in section 1135(g)(1)(B), to an health, social, and other services and sup- ices for fiscal year 2019;
eligible telehealth individual by a qualified ports as needed; and ‘‘(ii) if the State made qualifying commu-
provider, at an originating site described in ‘‘(IV) provision or coordination of trans- nity-based mobile crisis intervention serv-
paragraph 4(C)(ii) (other than an originating portation to the next step in care or treat- ices available in a region of the State in fis-
site described in subclause (IX) of such para- ment; cal year 2019, the State will continue to
graph). ‘‘(iv) that maintains relationships with rel- make such services available in such region
‘‘(B) DEFINITION OF QUALIFIED PROVIDER.— evant community partners, including med- under this subsection at the same level that
For purposes of this paragraph, the term ical and behavioral health providers, com- the State made such services available in
‘qualified provider’ means, with respect to a munity health centers, crisis respite centers, such fiscal year; and
telehealth service described in subparagraph managed care organizations (if applicable), ‘‘(iii) the State will conduct the evaluation
(A) that is furnished to an eligible telehealth entities able to provide assistance with ap- and assessment, and submit the report, re-
individual, a physician or practitioner who— plication and enrollment in the State plan or quired under paragraph (5).
‘‘(i) furnished to such individual, during a waiver of the plan, entitles able to provide
‘‘(5) STATE EVALUATION AND REPORT.—
the 18-month period ending on the date the assistance with applying for and enrolling in
‘‘(A) STATE EVALUATION.—Not later than 4
telehealth service was furnished, an item or benefit programs, entities that provide as-
fiscal quarters after a State begins providing
service in person for which— sistance with housing (such as public hous-
qualifying community-based mobile crisis
‘‘(I) payment was made under this title; or ing authorities, Continuum of Care pro-
intervention services in accordance with this
‘‘(II) such payment would have been made grams, or not-for-profit entities that provide
subsection, the State shall enter into a con-
if such individual were entitled to, or en- housing assistance), and entities that pro-
tract with an independent entity or organi-
rolled for, benefits under this title at the vide assistance with other social services;
‘‘(v) that coordinates with crisis interven- zation to conduct an evaluation for the pur-
time such item or service was furnished; or poses of—
‘‘(ii) is in the same practice (as determined tion hotlines and emergency response sys-
tems; ‘‘(i) determining the effect of the provision
by tax identification number) as a physician of such services on—
or practitioner who furnished such an item ‘‘(vi) that maintains the privacy and con-
fidentiality of patient information con- ‘‘(I) emergency room visits;
or service in person to such individual during ‘‘(II) use of ambulatory services;
such period.’’. sistent with Federal and State requirements;
and ‘‘(III) hospitalizations;
(c) IMPLEMENTATION.—Notwithstanding ‘‘(vii) that operates independently from ‘‘(IV) the involvement of law enforcement
any other provision of law, the Secretary (but may coordinate with) State or local law in mental health or substance use disorder
may implement the provisions of, or amend- enforcement agencies; crisis events;
ments made by, this section by interim final ‘‘(C) available 24 hours per day, every day ‘‘(V) the diversion of individuals from jails
rule, program instruction, or otherwise. of the year; and or similar settings; and
‘‘(D) voluntary to receive. ‘‘(ii) assessing—
SEC. 2302. ENHANCED FEDERAL MEDICAID SUP-
‘‘(3) PAYMENTS.— ‘‘(I) the types of services provided to indi-
PORT FOR COMMUNITY-BASED MO-
BILE CRISIS INTERVENTION SERV- ‘‘(A) IN GENERAL.—Notwithstanding section viduals;
ICES. 1905(b), beginning January 1, 2021, during ‘‘(II) the types of events responded to;
each of the first 12 fiscal quarters that a ‘‘(III) cost savings or cost-effectiveness at-
Section 1903 of the Social Security Act (42 tributable to such services;
State meets the requirements described in
U.S.C. 1396b) is amended by adding at the end ‘‘(IV) the experiences of individuals who re-
paragraph (4), the Federal medical assistance
the following new subsection: ceive qualifying community-based mobile
percentage applicable to amounts expended
‘‘(bb) COMMUNITY-BASED MOBILE CRISIS by the State for medical assistance for quali- crisis intervention services;
INTERVENTION SERVICES.— fying community-based mobile crisis inter- ‘‘(V) the successful connection of individ-
‘‘(1) IN GENERAL.—Notwithstanding section vention services furnished during such quar- uals with follow-up services; and
1902(a)(1) (relating to statewideness), section ter shall be equal to 95 percent. ‘‘(VI) other relevant outcomes identified
1902(a)(10)(B) (relating to comparability), ‘‘(B) EXCLUSION OF ENHANCED PAYMENTS by the Secretary.
section 1902(a)(23)(A) (relating to freedom of FROM TERRITORIAL CAPS.—To the extent that ‘‘(B) COMPARISON TO HISTORICAL MEAS-
choice of providers), or section 1902(a)(27) (re- the amount of a payment to Puerto Rico, the URES.—The contract described in subpara-
lating to provider agreements), a State may Virgin Islands, Guam, the Northern Mariana graph (A) shall specify that the evaluation is
provide medical assistance for qualifying Islands, or American Samoa for medical as- based on a comparison of the historical
community-based mobile crisis intervention sistance for qualifying community-based mo- measures of State performance with respect
services under a State plan amendment or bile crisis intervention services that is based to the outcomes specified under such sub-
waiver approved under section 1115 or 1915(c). on the Federal medical assistance percent- paragraph to the State’s performance with
‘‘(2) QUALIFYING COMMUNITY-BASED MOBILE age specified in subparagraph (A) exceeds the respect to such outcomes during the period
CRISIS INTERVENTION SERVICES DEFINED.—For amount that would have been paid to such beginning with the first quarter in which the
purposes of this subsection, the term ‘quali- territory for such services if the Federal State begins providing qualifying commu-
fying community-based mobile crisis inter- medical assistance percentage for the terri- nity-based mobile crisis intervention serv-
vention services’ means, with respect to a tory had been determined without regard to ices in accordance with this subsection.
State, items and services for which medical such subparagraph— ‘‘(C) REPORT.—Not later than 2 years after
assistance is available under the State plan ‘‘(i) the limitation on payments to terri- a State begins to provide qualifying commu-
under this title or a waiver of such plan, that tories under subsections (f) and (g) of section nity-based mobile crisis intervention serv-
are— 1108 shall not apply to the amount of such ices in accordance with this subsection, the
‘‘(A) furnished to an individual who is— excess; and State shall submit a report to the Secretary
‘‘(i) outside of a hospital or other facility ‘‘(ii) the amount of such excess shall be on the following:
setting; and disregarded in applying such subsections. ‘‘(i) The results of the evaluation carried
‘‘(ii) experiencing a mental health or sub- ‘‘(4) REQUIREMENTS.—The requirements de- out under subparagraph (A).
stance use disorder crisis; scribed in this paragraph are the following: ‘‘(ii) The number of individuals who re-
‘‘(B) furnished by a multidisciplinary mo- ‘‘(A) The State demonstrates, to the satis- ceived qualifying community-based mobile
bile crisis team— faction of the Secretary— crisis intervention services.
‘‘(i) that includes at least 1 behavioral ‘‘(i) that it will be able to support the pro- ‘‘(iii) Demographic information regarding
health care professional who is capable of vision of qualifying community-based mobile such individuals when available, including
conducting an assessment of the individual, crisis intervention services that meet the the race or ethnicity, age, sex, sexual ori-
in accordance with the professional’s per- conditions specified in paragraph (2); and entation, gender identity, and geographic lo-
mitted scope of practice under State law, ‘‘(ii) how it will support coordination be- cation of such individuals.
and other professionals or paraprofessionals tween mobile crisis teams and community ‘‘(iv) The processes and models developed
with appropriate expertise in behavioral partners, including health care providers, to by the State to provide qualifying commu-
dlhill on DSK120RN23PROD with SENATE
health or mental health crisis response, in- enable the provision of services, needed re- nity-based mobile crisis intervention serv-
cluding nurses, social workers, peer support ferrals, and other activities identified by the ices under such the State plan or waiver, in-
specialists, and others, as designated by the Secretary. cluding the processes developed to provide
State and approved by the Secretary; ‘‘(B) The State provides assurances satis- referrals for, or coordination with, follow-up
‘‘(ii) whose members are trained in trau- factory to the Secretary that— care and services.
ma-informed care, de-escalation strategies, ‘‘(i) any additional Federal funds received ‘‘(v) Lessons learned regarding the provi-
and harm reduction; by the State for qualifying community-based sion of such services.
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S7722 CONGRESSIONAL RECORD — SENATE December 18, 2020
‘‘(D) PUBLIC AVAILABILITY.—The State shall (B) by redesignating subparagraph (C) as ‘‘(5) NATIVE AMERICANS.—The term ‘Native
make the report required under subpara- subparagraph (D); and Americans’ has the meaning given the term
graph (C) publicly available, including on the (C) by striking subparagraph (B) and in- in section 736 and includes Indian Tribes and
website of the appropriate State agency, serting the following: Tribal organizations.
upon submission of such report to the Sec- ‘‘(B) OTHER NEW PROGRAMS.—In addition to ‘‘(6) TECHNOLOGY-ENABLED COLLABORATIVE
retary. the 8 States selected under paragraph (1) and LEARNING AND CAPACITY BUILDING MODEL.—
‘‘(6) BEST PRACTICES REPORT.— the 2 States selected under subparagraph (A), The term ‘technology-enabled collaborative
‘‘(A) IN GENERAL.—Not later than 3 years not later than 6 months after the date of en- learning and capacity building model’ means
after the first State begins to provide quali- actment of the Economic Justice Act, the a distance health education model that con-
fying community-based mobile crisis inter- Secretary shall select 9 additional States to nects health care professionals, and particu-
vention services in accordance with this sub- conduct demonstration programs under this larly specialists, with multiple other health
section, the Secretary shall submit a report subsection for 2 years or through the date care professionals through simultaneous
to Congress that— specified in paragraph (3), whichever is interactive videoconferencing for the pur-
‘‘(i) identifies the States that elected to longer. pose of facilitating case-based learning, dis-
provide services in accordance with this sub- ‘‘(C) SELECTION OF STATES.— seminating best practices, and evaluating
section; ‘‘(i) INITIAL ADDITIONAL PROGRAMS.—In se- outcomes.
‘‘(ii) summarizes the information reported lecting States under subparagraph (A), the ‘‘(7) URBAN INDIAN ORGANIZATION.—The
by such States under paragraph (5)(C); and Secretary— term ‘urban Indian organization’ has the
‘‘(iii) identifies best practices for the effec- ‘‘(I) shall select States that— meaning given the term in section 4 of the
tive delivery of community-based mobile cri- ‘‘(aa) were awarded planning grants under Indian Health Care Improvement Act.
sis intervention services. subsection (c); and ‘‘(b) PROGRAM ESTABLISHED.—The Sec-
‘‘(B) PUBLIC AVAILABILITY.—The report re- ‘‘(bb) applied to participate in the dem- retary shall, as appropriate, award grants to
quired under subparagraph (A) shall be made onstration programs under this subsection evaluate, develop, and, as appropriate, ex-
publicly available, including on the website under paragraph (1) but, as of March 27, 2020, pand the use of technology-enabled collabo-
of the Department of Health and Human were not selected to participate under para- rative learning and capacity building mod-
Services, upon submission to Congress. graph (1); and els, to improve retention of health care pro-
‘‘(7) STATE PLANNING AND EVALUATION ‘‘(II) shall use the results of the Sec- viders and increase access to health care
GRANTS.— retary’s evaluation of each State’s applica- services, such as those to address chronic
‘‘(A) IN GENERAL.—As soon as practicable tion under paragraph (1) to determine which diseases and conditions, infectious diseases,
after the date of enactment of this sub- States to select, and shall not require the mental health, substance use disorders, pre-
submission of any additional application. natal and maternal health, pediatric care,
section, the Secretary may award planning
‘‘(ii) OTHER NEW PROGRAMS.—Clause (i) pain management, palliative care, and other
and evaluation grants to States for purposes
shall apply to the selection of States under specialty care in rural areas, frontier areas,
of developing a State plan amendment or
subparagraph (B), except that, for purposes health professional shortage areas, or medi-
section 1115 or 1915(c) waiver request (or an
cally underserved areas and for medically
amendment to such a waiver) to provide of applying that clause to the selection of
underserved populations or Native Ameri-
qualifying community-based mobile crisis States under such subparagraph, the Sec-
cans.
intervention services and conducting the retary shall substitute ‘as of the date of en- ‘‘(c) USE OF FUNDS.—
evaluation required under paragraph (5)(A). actment of the Economic Justice Act, were ‘‘(1) IN GENERAL.—Grants awarded under
A grant awarded to a State under this para- not selected to participate under paragraph subsection (b) shall be used for—
graph shall remain available until expended. (1) or under this paragraph’ for ‘as of March ‘‘(A) the development and acquisition of in-
‘‘(B) STATE CONTRIBUTION.—A State award- 27, 2020, were not selected to participate structional programming, and the training
ed a grant under this subsection shall con- under paragraph (1)’.’’. of health care providers and other profes-
tribute for each fiscal year for which the (b) FUNDING FOR THE CERTIFIED COMMUNITY sionals that provide or assist in the provi-
grant is awarded an amount equal to the BEHAVIORAL HEALTH CLINIC EXPANSION sion of services through models described in
State percentage determined under section GRANT PROGRAM.—For purposes of carrying
subsection (b), such as training on best prac-
1905(b) (without regard to the temporary in- out the Certified Community Behavioral
tices for data collection and leading or par-
crease in the Federal medical assistance per- Health Clinic Expansion Grant Program of
ticipating in such technology-enabled activi-
centage of the State under section 6008(a) of the Substance Abuse and Mental Health
ties consistent with technology-enabled col-
the Families First Coronavirus Response Act Services Administration, there are hereby
laborative learning and capacity-building
(Public Law 116–127) or any other temporary appropriated, out of amounts in the Treas-
models;
increase in the Federal medical assistance ury not otherwise appropriated, $600,000,000,
‘‘(B) information collection and evaluation
percentage of the State for fiscal year 2020 or to remain available until expended.
activities to study the impact of such models
SEC. 2304. EXPANDING CAPACITY FOR HEALTH
any succeeding fiscal year) of the grant on patient outcomes and health care pro-
OUTCOMES.
amount. viders, and to identify best practices for the
Title III of the Public Health Service Act
‘‘(8) FUNDING.— expansion and use of such models; or
is amended by inserting after section 330M
‘‘(A) IMPLEMENTATION AND ADMINISTRA- ‘‘(C) other activities consistent with
(42 U.S.C. 254c–19) the following:
TION.—There is appropriated to the Sec- achieving the objectives of the grants award-
‘‘SEC. 330N. EXPANDING CAPACITY FOR HEALTH
retary, out of any funds in the Treasury not OUTCOMES. ed under this section, as determined by the
otherwise appropriated, such sums as are ‘‘(a) DEFINITIONS.—In this section: Secretary.
necessary for purposes of implementing and ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(2) OTHER USES.—In addition to any of the
administering this section. entity’ means an entity that provides, or uses under paragraph (1), grants awarded
‘‘(B) PLANNING AND EVALUATION GRANTS.— supports the provision of, health care serv- under subsection (b) may be used for—
There is appropriated, out of any funds in ices in rural areas, frontier areas, health pro- ‘‘(A) equipment to support the use and ex-
the Treasury not otherwise appropriated, fessional shortage areas, or medically under- pansion of technology-enabled collaborative
$25,000,000 to the Secretary for fiscal year learning and capacity building models, in-
served areas, or to medically underserved
2021 for purposes of making grants under cluding for hardware and software that en-
populations or Native Americans, including
paragraph (7), to remain available until ex- ables distance learning, health care provider
Indian Tribes, Tribal organizations, and
pended.’’. support, and the secure exchange of elec-
urban Indian organizations, and which may
SEC. 2303. EXTENSION AND EXPANSION OF COM- tronic health information; or
include entities leading, or capable of lead-
MUNITY MENTAL HEALTH SERVICES ‘‘(B) support for health care providers and
DEMONSTRATION PROGRAM; FUND-
ing, a technology-enabled collaborative
other professionals that provide or assist in
ING FOR THE CERTIFIED COMMU- learning and capacity building model or en-
the provision of services through such mod-
NITY BEHAVIORAL HEALTH CLINIC gaging in technology-enabled collaborative
els.
EXPANSION GRANT PROGRAM. training of participants in such model. ‘‘(d) LENGTH OF GRANTS.—Grants awarded
(a) IN GENERAL.—Section 223(d) of the Pro- ‘‘(2) HEALTH PROFESSIONAL SHORTAGE
under subsection (b) shall be for a period of
tecting Access to Medicare Act of 2014 (42 AREA.—The term ‘health professional short-
up to 5 years.
U.S.C. 1396a note) is amended— age area’ means a health professional short- ‘‘(e) GRANT REQUIREMENTS.—The Secretary
(1) in paragraph (3), by striking ‘‘December age area designated under section 332. may require entities awarded a grant under
11, 2020’’ and inserting ‘‘December 31, 2022’’; ‘‘(3) INDIAN TRIBE.—The terms ‘Indian this section to collect information on the ef-
and Tribe’ and ‘Tribal organization’ have the fect of the use of technology-enabled collabo-
(2) in paragraph (8)— meanings given the terms ‘Indian tribe’ and rative learning and capacity building mod-
dlhill on DSK120RN23PROD with SENATE
(A) in subparagraph (A), by striking ‘‘to ‘tribal organization’ in section 4 of the In- els, such as on health outcomes, access to
participate in 2-year demonstration pro- dian Self-Determination and Education As- health care services, quality of care, and pro-
grams that meet the requirements of this sistance Act. vider retention in areas and populations de-
subsection’’ and inserting ‘‘to conduct dem- ‘‘(4) MEDICALLY UNDERSERVED POPU- scribed in subsection (b). The Secretary may
onstration programs under this subsection LATION.—The term ‘medically underserved award a grant or contract to assist in the co-
for 2 years or through the date specified in population’ has the meaning given the term ordination of such models, including to as-
paragraph (3), whichever is longer’’; in section 330(b)(3). sess outcomes associated with the use of
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7723
such models in grants awarded under sub- (2) by inserting after subsection (a) the fol- poses of grants, contracts or cooperative
section (b), including for the purpose de- lowing: agreements, or the development, implemen-
scribed in subsection (c)(1)(B). ‘‘(b) ADDITIONAL AMOUNTS FOR COMMUNITY tation, or administration of apprenticeship
‘‘(f) APPLICATION.—An eligible entity that MENTAL HEALTH SERVICES.—In addition to programs (or apprenticeship opportunities),
seeks to receive a grant under subsection (b) amounts otherwise made available for such are used to fund apprenticeship programs (or
shall submit to the Secretary an application, purposes, for purposes of carrying out this apprenticeship opportunities), those funds
at such time, in such manner, and con- subpart, subpart III with respect to mental shall only be provided to apprenticeship pro-
taining such information as the Secretary health, and section 515(c), there are hereby grams (or opportunities in apprenticeship
may require. Such application shall include appropriated, out of amounts in the Treas- programs) that meet the definition of an ap-
plans to assess the effect of technology-en- ury not otherwise appropriated, $700,000,000 prenticeship program under subsection (b).
abled collaborative learning and capacity for each of fiscal years 2021 through 2025, to CHAPTER 1—WORKFORCE DEVELOPMENT
building models on patient outcomes and remain available until expended.’’. ACTIVITIES IN RESPONSE TO THE
health care providers. SEC. 2307. SUBSTANCE ABUSE PREVENTION AND
COVID–19 NATIONAL EMERGENCY
TREATMENT BLOCK GRANT.
‘‘(g) ACCESS TO BROADBAND.—In admin- SEC. 3111. WORKFORCE RESPONSE ACTIVITIES.
istering grants under this section, the Sec- Section 1935 of the Public Health Service
Act (42 U.S.C. 300x–35) is amended— (a) FUNDS FOR ADULTS AND DISLOCATED
retary may coordinate with other agencies WORKERS.—With respect to funds appro-
(1) by redesignating subsection (b) as sub-
to ensure that funding opportunities are priated under section 3113(d) or 3115(c) and
section (c); and
available to support access to reliable, high- allotted to a State under subtitle B of title
(2) by inserting after subsection (a) the fol-
speed internet for grantees. I of the Workforce Innovation and Oppor-
lowing:
‘‘(h) TECHNICAL ASSISTANCE.—The Sec- tunity Act (29 U.S.C. 3151 et seq.) for adult or
‘‘(b) ADDITIONAL AMOUNTS FOR SUBSTANCE
retary shall provide (either directly through ABUSE PREVENTION AND TREATMENT.—In ad- dislocated worker workforce development
the Department of Health and Human Serv- dition to amounts otherwise made available activities, allocated to a local area for adult
ices or by contract) technical assistance to for such purposes, for purposes of carrying workforce development activities in accord-
eligible entities, including recipients of out this subpart, subpart III with respect to ance with paragraph (2)(A) or paragraph (3)
grants under subsection (b), on the develop- substance abuse, section 505(d), and section of section 133(b) of the Workforce Innovation
ment, use, and evaluation of technology-en- 515(d), there are hereby appropriated, out of and Opportunity Act (29 U.S.C. 3173(b)), or al-
abled collaborative learning and capacity amounts in the Treasury not otherwise ap- located to a local area for dislocated worker
building models in order to expand access to propriated, $500,000,000 for each of fiscal workforce development activities in accord-
health care services provided by such enti- years 2021 through 2025, to remain available ance with section 133(b)(2)(B) of such Act (29
ties, including for medically underserved until expended.’’. U.S.C. 3173(b)(B)), the following shall apply:
areas and to medically underserved popu- TITLE III—FEDERALLY SUPPORTED JOBS, (1) ELIGIBILITY OF ADULTS AND DISLOCATED
lations or Native Americans. TRAINING, AND AT-RISK YOUTH INITIA- WORKERS.—To be eligible to receive services
‘‘(i) RESEARCH AND EVALUATION.—The Sec- TIVES through those funds, an adult or dislocated
retary, in consultation with stakeholders worker—
Subtitle A—Department of Labor
with appropriate expertise in such models, (A) shall not be required to meet the re-
Employment and Training Programs
shall develop a strategic plan to research and quirements of section 134(c)(3)(B) of the
evaluate the evidence for such models. The SEC. 3101. DEFINITIONS AND WIOA REQUIRE-
MENTS. Workforce Innovation and Opportunity Act
Secretary shall use such plan to inform the (29 U.S.C. 3174(c)(3)(B)); and
activities carried out under this section. (a) WIOA DEFINITIONS AND REQUIRE-
MENTS.—Except as otherwise provided, in (B) may include, as determined by the Gov-
‘‘(j) REPORT BY SECRETARY.—Not later than ernor or local board involved, an individual
this subtitle, other than chapter 5—
4 years after the date of enactment of this described in section 2102(a)(3)(A) of the
(1) the terms have the meanings given the
section, the Secretary shall prepare and sub- Coronavirus Aid, Relief, and Economic Secu-
terms in section 3 of the Workforce Innova-
mit to the Committee on Health, Education, rity Act (15 U.S.C. 9021(a)(3)(A)) who, for the
tion and Opportunity Act (29 U.S.C. 3102);
Labor, and Pensions of the Senate and the purposes of this section, may be considered
and
Committee on Energy and Commerce of the by the Governor or board to be an adult or a
(2) an allotment, allocation, or other provi-
House of Representatives, and post on the dislocated worker.
sion of funds made in accordance with a pro-
internet website of the Department of Health (2) INDIVIDUALIZED CAREER SERVICES.—Such
vision of the Workforce Innovation and Op-
and Human Services, a report including, at funds may be used to provide individualized
portunity Act (29 U.S.C. 3101 et seq.) shall be
minimum— career services described in section
made in compliance with the applicable re-
‘‘(1) a description of any new and con- 134(c)(2)(A)(xii) of the Workforce Investment
quirements of such Act (29 U.S.C. 3101 et
tinuing grants awarded to entities under and Opportunity Act (29 U.S.C.
seq.), including the applicable requirements
subsection (b) and the specific purpose and 3174(c)(2)(A)(xii)) to any such eligible adult
of section 182(e) of such Act (29 U.S.C.
amounts of such grants; and dislocated worker.
3242(e)) unless otherwise provided for in this
‘‘(2) an overview of— (3) INCUMBENT WORKER TRAINING.—In a case
title.
‘‘(A) the evaluations conducted under sub- in which the local board for such local area
(b) OTHER DEFINITIONS.—In this subtitle:
sections (b); (1) APPRENTICESHIP OPPORTUNITY; APPREN- provides to the Secretary an assurance that
‘‘(B) technical assistance provided under TICESHIP PROGRAM.—The terms ‘‘apprentice- the local area will use such allocated funds
subsection (h); and ship opportunity’’ and ‘‘apprenticeship pro- (allocated for adult or dislocated worker ac-
‘‘(C) activities conducted by entities gram’’ mean an opportunity in an appren- tivities) to provide the work support activi-
awarded grants under subsection (b); and ticeship program, and an apprenticeship pro- ties designed to assist low-wage workers in
‘‘(3) a description of any significant find- gram, that is registered by the Office of Ap- retaining and enhancing employment in ac-
ings or developments related to patient out- prenticeship or a State apprenticeship agen- cordance with section 134(d)(1)(B) of the
comes or health care providers and best prac- cy under the Act of August 16, 1937 (com- Workforce Innovation and Opportunity Act
tices for eligible entities expanding, using, monly known as the ‘‘National Apprentice- (29 U.S.C. 3174(d)(1)(B)), such local board
or evaluating technology-enabled collabo- ship Act’’) (50 Stat. 664, chapter 663; 29 U.S.C. may—
rative learning and capacity building mod- 50 et seq.), including, as in effect on Decem- (A) use not more than 40 percent of such al-
els, including through the activities de- ber 30, 2019, any requirement, standard, or located funds for a training program for in-
scribed in subsection (h). rule promulgated under that Act. cumbent workers described in section
‘‘(k) FUNDING.—To carry out this section, 134(d)(4)(A)(i) of such Act (29 U.S.C.
(2) CORONAVIRUS.—The term ‘‘coronavirus’’
there are hereby appropriated, out of 3174(d)(4)(A)(i)) (for such low-wage workers
means coronavirus as defined in section 506
amounts in the Treasury not otherwise ap- who are incumbent workers); and
of the Coronavirus Preparedness and Re-
propriated, $100,000,000 for each of fiscal (B) consider the economic impact of the
sponse Supplemental Appropriations Act,
years 2021 through 2025, to remain available COVID–19 national emergency to the em-
2020 (Public Law 116–123).
until expended.’’. ployer or participants of such program in de-
(3) COVID–19 NATIONAL EMERGENCY.—The
SEC. 2305. RYAN WHITE HIV/AIDS PROGRAM. term ‘‘COVID–19 national emergency’’ means termining an employer’s eligibility under
For purposes of carrying out title XXVI of the national emergency declared by the section 134(d)(4)(A)(ii) of such Act (29 U.S.C.
the Public Health Service Act (42 U.S.C. President under the National Emergencies 3174(d)(4)(A)(ii))) for the Federal share of the
300ff–11 et seq.), there are hereby appro- Act (50 U.S.C. 1601 et seq.) on March 13, 2020, cost of such program.
priated, out of amounts in the Treasury not with respect to the coronavirus. (4) TRANSITIONAL JOBS.—
otherwise appropriated, $1,000,000,000, to re- (4) SECRETARY.—The term ‘‘Secretary’’— (A) IN GENERAL.—The local board for such
dlhill on DSK120RN23PROD with SENATE
main available until expended. (A) as such term is used in chapters 1 local area may use not more than 40 percent
SEC. 2306. COMMUNITY MENTAL HEALTH SERV- through 4, and chapters 6 and 7, means the of such allocated funds to provide transi-
ICES BLOCK GRANT. Secretary of Labor; and tional jobs in accordance with section
Section 1920 of the Public Health Service (B) as such term is used in chapter 5, 134(d)(5) of the Workforce Innovation and Op-
Act (42 U.S.C. 300x–9) is amended— means the Secretary of Education. portunity Act (29 U.S.C. 3174(d)(5)).
(1) by redesignating subsections (b) and (c) (c) RULE.—If funds awarded under this sub- (B) CLARIFICATION.—Section 194(10) of the
as subsections (c) and (d), respectively; and title, including all funds awarded for the pur- Workforce Innovation and Opportunity Act
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S7724 CONGRESSIONAL RECORD — SENATE December 18, 2020
(29 U.S.C. 3254(10)) shall not apply with re- (C) additional resources to such local areas ufacturing, or retail industry sectors or oc-
spect to the funds used under this paragraph. to provide career services and supportive cupations.
(5) ON-THE-JOB TRAINING.—The Governor for services for eligible individuals. (e) AUTHORIZATION OF APPROPRIATIONS.—
the State or the local board for such area (d) STATE WORKFORCE COVID–19 RECOVERY There is authorized to be appropriated to
may take into account the impact of the PLAN.—Not later than 60 days after a State carry out this section $500,000,000 for fiscal
COVID–19 national emergency as a factor in receives funds appropriated under section year 2021, to remain available through fiscal
determining whether to increase the amount 3113(d), 3114(d), or 3115(c), the Governor shall year 2023.
of a reimbursement to an amount up to 75 submit to the Secretary, as a supplement to SEC. 3113. STATE DISLOCATED WORKER ACTIVI-
percent of the wage rate of a participant in the State plan submitted under section 102(a) TIES RESPONDING TO THE COVID–19
accordance with 134(c)(3)(H) of the Workforce or 103(a) of the Workforce Investment and EMERGENCY.
Innovation and Opportunity Act (29 U.S.C. Opportunity Act (29 U.S.C. 3112(a); 3113(a)), a (a) DISTRIBUTION OF FUNDS.—
3174(c)(3)(H)). workforce plan that responds to the COVID– (1) STATES.—From the amounts appro-
(6) CUSTOMIZED TRAINING.—The Governor 19 national emergency. priated under subsection (d), the Secretary
for the State or local board for such area SEC. 3112. NATIONAL DISLOCATED WORKER shall make allotments to States in accord-
may take into account the impact of the GRANTS. ance with section 132(b)(2) of the Workforce
COVID–19 national emergency as a factor in (a) GRANTS AUTHORIZED.—From the funds Innovation and Opportunity Act (29 U.S.C.
determining the portion of the cost of train- appropriated under subsection (e), the Sec- 3172(b)(2)).
ing an employer shall provide in accordance retary shall award, in accordance with sec- (2) LOCAL AREAS.—Not later than 30 days
with section 3(14) of the Workforce Innova- tion 170 of the Workforce Innovation and Op- after a State receives an allotment under
tion and Opportunity Act (29 U.S.C. 3102(14)). portunity Act (29 U.S.C. 3225), national dis- paragraph (1), the State shall use the allot-
(b) YOUTH.—With respect to funds appro- located worker grants to the entities that ted funds—
priated under section 3114(d) and allotted or meet the requirements for the grants under (A) to make the reservations required
allocated under subtitle B of title I of the such section to carry out the activities de- under section 133(a) of the Workforce Innova-
Workforce Innovation and Opportunity Act scribed in such section and in subsection (d) tion and Opportunity Act (29 U.S.C. 3173(a)),
(29 U.S.C. 3151 et seq.) for the activities de- of this section. which reserved funds may be used for state-
scribed in chapter 2 of subtitle B of title I of (b) PLAN.—The Secretary shall submit to wide activities described in section 134(a) of
the Workforce Innovation and Opportunity the Committee on Education and Labor of such Act (29 U.S.C. 3174(a)) related to the
Act (29 U.S.C. 3161 et seq.) for out-of-school the House of Representatives and the Com- COVID–19 national emergency and the ac-
youth and in-school youth (as such terms are mittee on Health, Education, Labor, and tivities described in subsection (c); and
defined in section 129(a)(1) of the Workforce Pensions of the Senate, and the Committees (B) to allocate the remaining funds to local
Innovation and Opportunity Act (29 U.S.C. on Appropriations of the House of Represent- areas in accordance with section 133(b)(2)(B)
3164(a)(1))), the Governor or local board in- atives and the Senate, not later than 30 days of the Workforce Innovation and Oppor-
volved may determine that— after the date of enactment of this Act, a tunity Act (29 U.S.C. 3173(b)(2)(B)), which
(1) in the case of an individual described in plan for awarding of grants under this sec- funds may be used for activities described in
section 2102(a)(3)(A) of the Coronavirus Aid, tion. section 134 (other than section 134(a)) of such
Relief, and Economic Security Act (15 U.S.C. (c) TIMING.—Subject to the availability of Act.
9021(a)(3)(A))) who meets the requirements of appropriations to carry out this section, not (b) REQUIRED USES.—Each State, in coordi-
clauses (i) and (ii) of section 129(a)(1)(B) of later than 60 days after the date of enact- nation with local areas to the extent de-
the Workforce Innovation and Opportunity ment of this Act, the Secretary shall use not scribed in subsection (c), shall use the funds
Act (29 U.S.C. 3164(a)(1)(B)), such individual less than 50 percent of the funds appro- received under this section to engage in the
meets the definition of an out-of-school priated under subsection (e) to award grants dislocated worker response activities de-
youth in such section 129(a)(1)(B); and under this section. scribed in sections 133(b)(2)(B) and 134 of the
(2) in the case of an individual described in (d) USES OF FUNDS.— Workforce Innovation and Opportunity Act
section 2102(a)(3)(A) of the Coronavirus Aid, (1) IN GENERAL.—Not less than half of the (29 U.S.C. 3173(b)(2)(B); 3174), and the activi-
Relief, and Economic Security Act who funds appropriated under subsection (e) shall ties described in subsection (c), to support
meets the requirements of clauses (i) be used to award grants under this section to layoff aversion and provide necessary sup-
through (iii) of section 129(a)(1)(C) of the carry out this subsection, by responding to ports to eligible adults (at risk of disloca-
Workforce Innovation and Opportunity Act the COVID–19 national emergency as de- tion) and dislocated workers and to employ-
(29 U.S.C. 3164(a)(1)(C)), such individual scribed in paragraph (2). ers facing layoffs, due to the impacts of the
meets the definition of an in-school youth in (2) RESPONSE TO COVID–19 NATIONAL EMER- COVID–19 national emergency.
such section 129(a)(1)(C). GENCY.—Such a grant to respond to the (c) COVID–19 DISLOCATED WORKER EMER-
(c) GOVERNOR’S RESERVE.—With respect to COVID–19 national emergency shall be used GENCY RESPONSE.—The dislocated worker re-
funds appropriated under section 3113(d), to provide activities that include each of the sponse activities described in this subsection
3114(d), or 3115(c) and allotted under subtitle following: shall include each of the following activities
B of title I of the Workforce Innovation and (A) Training and temporary employment carried out by a State, in coordination with
Opportunity Act to a State in accordance to respond to the COVID–19 national emer- local areas impacted by the COVID–19 na-
with section 127(b)(1)(C) and paragraphs gency, ensuring any training or employment tional emergency (including local areas in
(1)(B) and (2)(B) of section 132(b) of the Work- under this subparagraph provides partici- which layoffs, suspensions, or reductions of
force Innovation and Opportunity Act (29 pants with adequate and safe equipment, en- employment have occurred or have the po-
U.S.C. 3162(b)(1)(C); 3172(b)), the Governor— vironments, and facilities for training and tential to occur as a result of the COVID–19
(1) shall make the reservations under sec- supervision, including positions or assign- national emergency):
tion 128(a) and 133(a)(1) of such Act (29 U.S.C. ments— (1) The rapid response activities described
3163(a); 3173(a)(1)) and use the reserved funds (i) as personal care attendants, direct serv- in section 134(a)(2)(A) of the Workforce Inno-
for statewide activities described in section ice providers, or home health workers pro- vation and Opportunity Act (29 U.S.C.
129(b) or paragraph (2)(B) or (3) of section viding direct care and home health services, 3174(a)(2)(A)), including the layoff aversion
134(a) of such Act (29 U.S.C. 3164(b); 3174(a)) including delivering medicine, food, or other activities described in section 682.320 of sub-
related to the COVID–19 national emergency; supplies, for— title 20, Code of Federal Regulations (as in
and (I) older individuals, individuals with dis- effect on the date of enactment of this Act)
(2) may make a reservation (in addition to abilities, and other individuals with res- to engage employers and adults (at risk of
the reservations described in paragraph (1)) piratory conditions or other underlying dislocation).
of not more than 10 percent for activities re- health conditions; or (2) Coordination of projects, for eligible
lated to responding to the COVID–19 national (II) individuals in urban, rural, or suburban adults (at risk of dislocation) and dislocated
emergency if such reserved funds are used for local areas with excess poverty; workers impacted by layoffs, suspensions, or
activities benefitting the local areas within (ii) in health care and health care support reductions in employment as a result of the
such State most impacted by the COVID–19 positions responding to the COVID–19 na- COVID–19 national emergency, targeted at
national emergency, which activities may tional emergency; immediate reemployment, career navigation
include providing— (iii) to support State, local, or tribal services, supportive services, career services,
(A) training for health care workers, public health departments; or training for in-demand industry sectors and
health workers, personal care attendants, di- (iv) in a sector directly responding to the occupations, provision of information on in-
rect service providers, home health workers, COVID–19 national emergency such as demand and declining industries and infor-
and frontline workers; childcare, food retail, public service, manu- mation on employers who have a dem-
dlhill on DSK120RN23PROD with SENATE
(B) resources to support, or allow for and facturing, or transportation. onstrated history of providing equitable ben-
provide access to, online services, including (B) Activities responding to layoffs of 50 or efits and compensation and safe working
counseling, case management, and employ- more individuals laid off by one employer, or conditions, access to technology and online
ment retention services, and training deliv- layoffs that significantly increase unemploy- skills training including digital literacy
ery by local boards, one-stop centers, one- ment in a community, as a result of the skills training, and other layoff support or
stop operators, or eligible training services COVID–19 national emergency, such as lay- further layoff aversion strategies through
providers; or offs in the hospitality, transportation, man- employment and training activities.
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7725
(3) A prioritization or coordination of em- tions to support such employment opportu- tion and Opportunity Act (29 U.S.C. 3173(a)),
ployment and training activities, including nities. which reserved funds may be used for state-
supportive services and career pathways, (B) OTHER ACTIVITIES.—Any amount of the wide activities described in section 134(a) of
that— funds so received that is not used to carry such Act (29 U.S.C. 3174(a)) related to the
(A) prepare eligible adults (at risk of dis- out the activities described in subparagraph COVID–19 national emergency; and
location) and dislocated workers to partici- (A) shall be used by States and local areas (B) to allocate the remaining funds to local
pate in short-term employment to meet the for carrying out the activities described in areas in accordance with paragraph (2)(A) or
demands for health care workers, public subsections (b) and (c), respectively, of sec- (3) of section 133(b) of the Workforce Innova-
health workers, personal care attendants, di- tion 129 of the Workforce Innovation and Op- tion and Opportunity Act (29 U.S.C. 3173(b)).
rect service providers, home health workers, portunity Act (29 U.S.C. 3164), and for the (b) USES OF FUNDS.—
and frontline workers responding to the purposes of— (1) IN GENERAL.—Each State and local area
COVID–19 national emergency, including (i) supporting in-school and out-of-school receiving funds under this section shall use
frontline workers in the transportation, in- youth to connect to education and career the funds to engage in the adult employment
formation technology, service, manufac- pathways; and training activities described in section
turing, food service, maintenance, and clean- (ii) establishing or expanding partnerships 134 of the Workforce Innovation and Oppor-
ing sectors; with community-based organizations to de- tunity Act (29 U.S.C. 3174) to provide nec-
(B) allow such individuals to maintain eli- velop or expand work experience opportuni- essary supports and services to eligible
gibility for career services and training serv- ties through which youth can develop skills adults who are adversely impacted by the
ices through the period in which such indi- and competencies to secure and maintain COVID–19 national emergency, including to
viduals are in short-term employment to re- employment, including opportunities with individuals who are underemployed or most
spond to the COVID–19 national emergency, supports for activities like peer mentoring; at risk of unemployment, and shall coordi-
and in the period immediately following the (iii) providing subsidized employment, in- nate the adult employment and training
conclusion of the short-term employment, to ternships, work-based learning, and youth services with employers facing economic
support transitions into further training or apprenticeship opportunities; hardship or employment challenges due to
employment; and (iv) providing work readiness training ac- economic impacts of the COVID–19 national
(C) provide participants with adequate and tivities and educational programs aligned to emergency.
safe equipment, environments, and facilities career pathways that support credential at- (2) COVID–19 ADULT EMPLOYMENT AND
for training and supervision. tainment and the development of employ- TRAINING ACTIVITIES.—
(d) AUTHORIZATION OF APPROPRIATIONS.— ability skills; (A) SERVICES TO SUPPORT EMPLOYERS IM-
There is authorized to be appropriated to (v) engaging or establishing industry or PACTED BY THE COVID–19 NATIONAL EMER-
carry out the activities described in this sec- sector partnerships to determine job needs GENCY.—Of the funds allocated to a local
tion, and subsections (a), (c), and (d) of sec- and available opportunities for youth em- area under subsection (a)(2)(B), not less than
tion 3111, $2,500,000,000 for fiscal year 2021, to ployment; one third shall be used for providing services
remain available through fiscal year 2023. (vi) conducting outreach to youth and em- to eligible adults to support employers im-
SEC. 3114. YOUTH WORKFORCE INVESTMENT AC- ployers; pacted by the COVID–19 national emergency,
TIVITIES RESPONDING TO THE (vii) providing coaching, navigation, and including incumbent worker training, on-
COVID–19 NATIONAL EMERGENCY. mentoring services for participating youth, the-job training, and customized training ac-
(a) DISTRIBUTION OF FUNDS.— including career exploration, career coun- tivities, and activities supporting employee
(1) STATES.—From the amounts appro- seling, career planning, and college planning retention for employers, prioritizing those
priated under subsection (d), the Secretary services for participating youth; employers facing economic hardship or em-
shall make allotments to States in accord- (viii) providing coaching, navigation, and ployment challenges as a result of the
ance with section 127(b) of the Workforce In- mentoring services for employers on how to COVID–19 national emergency.
novation and Opportunity Act (29 U.S.C. successfully employ participating youth in (B) UNDEREMPLOYMENT AND EMPLOYMENT
3162(b)). meaningful work; SUPPORTS.—Of the funds allocated to a local
(2) LOCAL AREAS.—Not later than 30 days (ix) providing services to youth, to enable area and not used for activities under sub-
after a State receives an allotment under participation in a program of youth activi- paragraph (A), such funds shall be used to
paragraph (1), the State shall use the allot- ties, which services may include supportive provide the services and supports described
ted funds— services, access to technological devices and in section 134 of the Workforce Innovation
(A) to make the reservations required access to other supports needed to access on- and Opportunity Act (29 U.S.C. 3174) for eligi-
under 128(a) of the Workforce Innovation and line services, and followup services for not ble adults who are workers facing under-
Opportunity Act (29 U.S.C. 3163(a)), which re- less than 12 months after the completion of employment, individuals seeking work, or
served funds may be used for statewide ac- participation, as appropriate; and dislocated workers, prioritizing individuals
tivities described in section 129(b) of the (x) coordinating activities under this sec- with barriers to employment or eligible
Workforce Innovation and Opportunity Act tion with State and local educational agen- adults who are adversely impacted by eco-
(29 U.S.C. 3164(a)) related to the COVID–19 cies to adjust for revised academic calendars nomic changes within their communities due
national emergency and the activities de- in response to the COVID–19 national emer- to the COVID–19 national emergency, includ-
scribed in subsection (b); and gency. ing providing—
(B) to allocate the remaining funds to local (c) GENERAL PROVISIONS.—A State or local
(i) work-based learning opportunities in-
areas in accordance with section 128(b) of the area using funds under this section for youth
summer or year-round employment shall re- cluding paid internships, paid work experi-
Workforce Innovation and Opportunity Act ence opportunities, transitional jobs, or op-
(29 U.S.C. 3163(b)), which funds may be used quire that not less than 25 percent of the
wages of each eligible youth participating in portunities in apprenticeship programs;
for the activities described in subsection (b). (ii) career navigation supports to encour-
such employment be paid by the employer,
(b) USES OF FUNDS.— age and enable workers to find new career
except that such requirement may waived
(1) IN GENERAL.—In using the funds re- pathways to in-demand industry sectors and
for an employer facing financial hardship
ceived under this section, each State and due to the COVID–19 national emergency. occupations and the necessary training to
local area shall prioritize providing services (d) AUTHORIZATION OF APPROPRIATIONS.— support those career pathways, or workplace
described in paragraph (2)(A) for youth im- There is authorized to be appropriated to learning advisors to support incumbent
pacted by diminished labor market opportu- carry out the activities described in this sec- workers;
nities for summer jobs or year-round em- tion, and subsections (b), (c), and (d) of sec- (iii) training for in-demand industry sec-
ployment due to the economic impacts of the tion 3111, $2,500,000,000 for fiscal year 2021, to tors and occupations, including for digital
COVID–19 national emergency. remain available through fiscal year 2023. literacy needed for such industry sectors and
(2) YOUTH WORKFORCE INVESTMENT ACTIVI- SEC. 3115. ADULT EMPLOYMENT AND TRAINING occupations;
TIES.— ACTIVITIES RESPONDING TO THE (iv) virtual services and virtual employ-
(A) EMPLOYMENT OPPORTUNITIES FOR AT- COVID–19 NATIONAL EMERGENCY. ment and training activities, including pro-
RISK YOUTH.—Each State and local area re- (a) DISTRIBUTION OF FUNDS.— viding appropriate accommodations to indi-
ceiving funds under this section shall use not (1) STATES.—From the amounts appro- viduals with disabilities in accordance with
less than 50 percent of such funds to support priated under subsection (c), the Secretary the Americans with Disabilities Act of 1990
summer and year-round youth employment shall make allotments to States in accord- (42 U.S.C. 12101 et seq.); and
opportunities for in-school and out-of-school ance with section 132(b)(1) of the Workforce (v) supportive services and individualized
youth— Innovation and Opportunity Act (29 U.S.C. career services.
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(i) with a priority for out-of-school youth 3172(b)(1)).
(c) AUTHORIZATION OF APPROPRIATIONS.—
and youth with multiple barriers to employ- (2) LOCAL AREAS.—Not later than 30 days
ment; and after a State receives an allotment under There is authorized to be appropriated to
(ii) which shall include support for em- paragraph (1), the State shall use the allot- carry out this section and subsections (a),
ployer partnerships for youth employment ted funds— (c), and (d) of section 3111, $2,500,000,000 for
and subsidized youth employment, and part- (A) to make the reservations required fiscal year 2021, to remain available through
nerships with community-based organiza- under section 133(a) of the Workforce Innova- fiscal year 2023.
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S7726 CONGRESSIONAL RECORD — SENATE December 18, 2020
CHAPTER 2—EMPLOYMENT SERVICE agreement under section 147(a)(1) of the (4) ADVANCED CAREER TRAINING PRO-
COVID–19 NATIONAL EMERGENCY RE- Workforce Innovation and Opportunity Act GRAMS.—With respect to advanced career
SPONSE FUND (29 U.S.C. 3197(a)(1)) to— training programs under section 148(c) of the
SEC. 3121. EMPLOYMENT SERVICE. (A) during the COVID–19 national emer- Workforce Innovation and Opportunity Act
(a) IN GENERAL.—From the funds appro- gency— (29 U.S.C. 3198(c)), in which the enrollees
priated under subsection (c), the Secretary (i) carry out the activities described in sec- may continue to participate for a period not
shall— tion 148(a) of the Workforce Innovation and to exceed 1 year in addition to the period of
(1) reserve not less than $100,000,000 for Opportunity Act (29 U.S.C. 3198(a)); and participation to which the enrollees would
workforce information systems improve- (ii) provide the child care described in sec- otherwise be limited, the COVID–19 national
ments, including for related electronic tools tion 148(e) of such Act (29 U.S.C. 3198(e)); and emergency shall not be considered as any
and system building, and for the activities (B) retain existing capacity (existing as of portion of such additional 1-year participa-
described in subsection (b)(1); and June 1, 2019) of each Job Corps center, in- tion period.
(2) use the remaining funds to make allot- cluding retaining the existing residential ca- (5) COUNSELING, JOB PLACEMENT, AND AS-
ments in accordance with section 6 of the pacity, during and after the COVID–19 na- SESSMENT.—The counseling, job placement
Wagner-Peyser Act (29 U.S.C. 49e) to States, tional emergency, and increase staffing and services, and assessment described in section
which for purposes of this section shall in- student capacity and resources related to 149 of the Workforce Innovation and Oppor-
clude the Commonwealth of the Northern section 145 of the Workforce Innovation and tunity Act (29 U.S.C. 3199) shall be available
Mariana Islands and American Samoa, for— Opportunity Act (29 U.S.C. 3195) to provide to former enrollees—
(A) the activities described in subsection for full on-board strength after such emer- (A) whose enrollment was interrupted due
(b)(2) of this section; and gency; and to the COVID–19 national emergency; or
(B) the activities described in section 15 of (C) during the 12-month period after the (B) who graduated from Job Corps not ear-
the Wagner-Peyser Act (29 U.S.C. 49l–2). COVID–19 national emergency, carry out the lier than January 1, 2020, but not later than
(b) USES OF FUNDS.— graduate services described in section 148(d) 3 months after the COVID–19 national emer-
(1) RESERVATION USES OF FUNDS.—The Sec- of such Act (29 U.S.C. 3198(d)) for any indi- gency.
retary shall use the funds reserved under vidual who has graduated from Job Corps (6) SUPPORT.—
subsection (a)(1) for— during the 3-month period after such emer- (A) IN GENERAL.—The Secretary shall pro-
(A) workforce information grants to States gency; and vide additional support for the transition pe-
for the development of labor market insights (2) may— riods described in section 150(c) of the Work-
and evidence on the State and local impacts (A) provide up to 15 percent of the funds force Innovation and Opportunity Act (29
of the COVID–19 national emergency and on provided to the entity to meet the oper- U.S.C. 3200(c)), including support described in
promising reemployment strategies, and to ational needs of the Job Corps center (which subparagraphs (B) and (C).
improve access to tools and equipment for may include the cleaning, sanitation, and (B) TRANSITION ALLOWANCES.—The Sec-
virtual products and service delivery; necessary improvements of the center re- retary shall provide for additional transition
(B) the Workforce Information Technology lated to COVID–19); allowances as described in subsection (b) of
Support Center, to facilitate voluntary State (B) support— such section for Job Corps graduates who
participation in multi-State data (i) activities providing the relationship to have graduated in 2020 and shall provide
collaboratives that develop real-time State opportunities, and links to employment op-
those allowances during the period that be-
and local labor market insights on the im- portunities described in paragraphs (2) and
gins on the first day of the COVID–19 na-
pacts of the COVID–19 national emergency (3) of section 148(a) of the Workforce Innova-
tional emergency and ends 3 months after
and evidence to promote more rapid reem- tion and Opportunity Act (29 U.S.C. 3198(a));
the conclusion of the emergency.
ployment and economic mobility, using (ii) to the greatest extent practicable, the
(C) TRANSITION SUPPORT.—The Secretary
cross-State and cross-agency administrative career and technical education and training
shall consider the period described in sub-
data; and described in section 148(b) of such Act (29
paragraph (B) as the period in which the em-
(C) improvements in short- and long-term U.S.C. 3198(b)) through virtual or remote
ployment services described in subsection (c)
State and local occupational and employ- means for any period while Job Corps enroll-
of such section shall be provided to grad-
ment projections to facilitate reemploy- ees are away from their centers during the
COVID–19 national emergency, including by uates who have graduated in 2020.
ment, economic mobility, and economic de-
velopment strategies. providing necessary technology resources to (c) AUTHORIZATION OF APPROPRIATIONS.—
(2) STATE USES OF FUNDS.—A State shall enrollees during that period; and There is authorized to be appropriated to
use an allotment received under subsection (iii) other activities described in section carry out this chapter $500,000,000 for fiscal
(a)(2) to— 148 of the Workforce Innovation and Oppor- year 2021, to remain available through fiscal
(A) provide additional resources for sup- tunity Act (29 U.S.C. 3198); year 2023.
porting employment service personnel em- (C) provide for costs related to infrastruc- CHAPTER 4—NATIONAL PROGRAMS
ployed on a merit system in providing reem- ture projects, including technology mod-
SEC. 3141. NATIVE AMERICAN PROGRAMS RE-
ployment services for unemployed and un- ernization needed to provide for virtual and SPONDING TO THE COVID–19 NA-
deremployed workers impacted by the remote learning; and TIONAL EMERGENCY.
COVID–19 national emergency; (D) provide for payment of Job Corps sti-
(a) COMPETITIVE GRANT AWARDS.—As a re-
(B) provide assistance for individuals im- pends, including emergency Job Corps sti-
sult of challenges faced due to the COVID–19
pacted by the COVID–19 national emergency, pends, and facilitate such payments through
national emergency, the Secretary may ex-
including individuals receiving unemploy- means such as debit cards with no usage fees,
tend, by 1 fiscal year, the 4-year period for
ment benefits or seeking employment as a and provide for corresponding financial lit-
grants, contracts, and cooperative agree-
result of the emergency (which provision of eracy.
(b) FLEXIBILITY.— ments that will be awarded in fiscal year 2021
assistance shall include providing for serv-
(1) IN GENERAL.—In order to provide for the under subsection (c) of section 166 of the
ices such as reemployment services, job
successful continuity of services and enroll- Workforce Innovation and Opportunity Act
search assistance, and job matching services
ment periods during the COVID–19 national (29 U.S.C. 3221). Funds under such grants,
based on the experience of individuals, and
emergency, additional flexibility shall be contracts, and cooperative agreements shall
providing individualized career services for
provided for Job Corps enrollees, operators, be used to carry out the activities described
all such individuals); and
and providers of activities, including flexi- in subsection (d) of such section 166 through
(C) provide services for employers im-
bility described in paragraphs (2) through (6). fiscal year 2025.
pacted by the COVID–19 national emergency,
which shall include services for employers (2) ELIGIBILITY.—Notwithstanding the age (b) AUTHORIZATION OF APPROPRIATIONS.—
dealing with labor force changes as a result requirements for enrollment under section There is authorized to be appropriated to
of such emergency. 144(a)(1) of the Workforce Innovation and Op- carry out this section and activities as de-
(c) AUTHORIZATION OF APPROPRIATIONS.— portunity Act (29 U.S.C. 3194(a)(1)), an indi- scribed in section 166 of the Workforce Inno-
There is authorized to be appropriated to vidual seeking to enroll in the Job Corps and vation and Opportunity Act (29 U.S.C. 3221)
carry out the activities described in this sec- who will turn 25 during the COVID–19 na- $150,000,000 for fiscal year 2021, to remain
tion $1,700,000,000 for fiscal year 2021, to re- tional emergency is eligible for such enroll- available through fiscal year 2025.
main available through fiscal year 2023. ment. SEC. 3142. MIGRANT AND SEASONAL FARM-
CHAPTER 3—JOB CORPS RESPONSE TO (3) ENROLLMENT LENGTH.—Notwithstanding WORKER PROGRAM RESPONSE.
THE COVID–19 NATIONAL EMERGENCY section 146(b) of the Workforce Innovation (a) COMPETITIVE GRANT AWARDS.—As a re-
SEC. 3131. JOB CORPS RESPONSE TO THE COVID- and Opportunity Act (29 U.S.C. 3196(b)), an sult of challenges faced due to the COVID–19
dlhill on DSK120RN23PROD with SENATE
19 NATIONAL EMERGENCY. individual enrolled in the Job Corps during national emergency, the Secretary may ex-
(a) FUNDING FOR JOB CORPS DURING THE the COVID–19 national emergency may ex- tend, by 1 fiscal year, the 4-year period for
COVID–19 NATIONAL EMERGENCY.—From the tend the individual’s period of enrollment for grants and contracts that will be awarded in
funds appropriated under subsection (c), the more than 2 years, as long as such extension fiscal year 2021 under subsection (a) of sec-
Secretary— does not exceed a 2-year, continuous period tion 167 of the Workforce Innovation and Op-
(1) shall provide funds to each entity with of enrollment after the COVID–19 national portunity Act (29 U.S.C. 3222). Funds under
which the Secretary has entered into an emergency. such grants and contracts shall be used to
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7727
carry out the activities described in sub- pating in such program during the COVID–19 paragraph (1) shall be used for supporting na-
section (d) of such section 167 through fiscal national emergency, as long as such exten- tional industry and equity intermediaries,
year 2025. sion does not exceed a 24-month, continuous and local intermediaries; and
(b) ELIGIBLE MIGRANT AND SEASONAL FARM- period of enrollment after the COVID–19 na- (3) funds awarded under this section shall
WORKER.—Notwithstanding the low-income tional emergency. be used for creating or expanding opportuni-
requirement in the definition of ‘‘eligible (c) AUTHORIZATION OF APPROPRIATIONS.— ties in apprenticeship programs, including
seasonal farmworker’’ in section 167(i)(3) of There is authorized to be appropriated to opportunities in pre-apprenticeship pro-
the Workforce Innovation and Opportunity carry out this section $250,000,000 for fiscal grams and youth apprenticeship programs,
Act (29 U.S.C. 3222(i)(3)), an individual seek- year 2021, to remain available through fiscal and activities including—
ing to enroll in a program funded under sec- year 2023. (A) providing supportive services;
tion 167 of the Workforce Innovation and Op- SEC. 3144. REENTRY EMPLOYMENT OPPORTUNI- (B) using recruitment and retention strate-
portunity Act (29 U.S.C. 3222) during the TIES RESPONDING TO THE COVID–19 gies for program participants with a priority
COVID–19 national emergency is eligible for NATIONAL EMERGENCY. for recruiting and retaining, for programs, a
such enrollment if such individual is a mem- (a) IN GENERAL.—The Secretary shall— high number or high percentage of individ-
ber of a family with a total family income (1) not later than 30 days after the date of uals with barriers to employment and indi-
equal to or less than 150 percent of the pov- enactment of this Act, announce an oppor- viduals from populations traditionally
erty line. tunity to receive funds in accordance with underrepresented in apprenticeship pro-
(c) AUTHORIZATION OF APPROPRIATIONS.— section 169(b) of the Workforce Innovation grams;
There is authorized to be appropriated to and Opportunity Act (29 U.S.C. 3224(b)) for (C) expanding apprenticeship opportunities
carry out this section and activities as de- the activities described in subsection (b) of in high-skill, high-wage, or in-demand indus-
scribed in section 167 of the Workforce Inno- this section; and try sectors and occupations;
vation and Opportunity Act (29 U.S.C. 3222) (2) from the funds appropriated under sub- (D) paying for costs associated with related
$150,000,000 for fiscal year 2021, to remain section (c), not later than 45 days after the instruction, or wages while participating in
available through fiscal year 2023. date on which an entity submits an applica- related instruction;
SEC. 3143. YOUTHBUILD ACTIVITIES RESPOND- tion that meets the requirements of the Sec- (E) improving educational alignment; and
ING TO THE COVID–19 NATIONAL retary under this section, award funds under
EMERGENCY. (F) encouraging employer participation.
this section to such entity.
(a) IN GENERAL.—In order to provide for (b) USE OF FUNDS.— (c) AUTHORIZATION OF APPROPRIATIONS.—
the successful continuity of services and en- (1) IN GENERAL.—Funds under this section There is authorized to be appropriated to
rollment periods during the COVID–19 na- shall be used to support reentry employment carry out this section $500,000,000 for fiscal
tional emergency, the Secretary shall— opportunities for justice system-involved year 2021, to remain available through fiscal
(1) make available, from 20 percent of the youth or young adults, formerly incarcer- year 2023.
funds appropriated under subsection (c), as- ated adults, and former offenders, during and CHAPTER 5—ADULT EDUCATION AND LIT-
sistance to entities carrying out YouthBuild following the COVID–19 national emergency, ERACY COVID–19 NATIONAL EMER-
programs operating during the COVID–19 na- with priority given to providing for sub- GENCY RESPONSE
tional emergency and, for the assistance sidized employment and transitional jobs,
made available to such an entity— and creating stronger alignment between the SEC. 3151. DEFINITIONS.
(A) the assistance may be used for carrying opportunities and the workforce develop- In this chapter, the terms ‘‘adult edu-
out the activities under section 171(c)(2) of ment system and participant supports under cation’’, ‘‘adult education and literacy ac-
the Workforce Innovation and Opportunity subtitle B of title I of the Workforce Innova- tivities’’, ‘‘eligible agency’’, ‘‘eligible pro-
Act (29 U.S.C. 3226(c)(2)); and tion and Opportunity Act (29 U.S.C. 3151 et vider’’, and ‘‘integrated education and train-
(B) notwithstanding section 171(c)(2)(D) of seq.). ing’’ have the meanings given the terms in
the Workforce Innovation and Opportunity (2) GRANTS FOR INTERMEDIARIES.— section 203 of the Workforce Innovation and
Act (29 U.S.C. 3226(c)(2)(D)), a portion equal (A) RESERVATION.—Of the amount appro- Opportunity Act (29 U.S.C. 3272).
to not more than 20 percent of the assistance priated under subsection (c), the Secretary
may be used for the administrative costs of SEC. 3152. ADULT EDUCATION AND LITERACY RE-
shall reserve $87,500,000 for grants under this SPONSE ACTIVITIES.
carrying out activities under section 171(c)(2) paragraph.
of such Act, but all of such portion shall be (B) GRANTS.—The Secretary shall make During the COVID–19 national emergency,
used for such administrative costs related to grants, on a competitive basis, to national an eligible agency may use funds available
responding to the COVID–19 national emer- and regional intermediaries for reentry em- to such agency under paragraphs (2) and (3)
gency; ployment opportunities described in para- of section 222(a) of the Workforce Innovation
(2) after using funds in accordance with graph (1) that prepare young, formerly incar- and Opportunity Act (20 U.S.C. 3302(a)), for
paragraph (1), use 80 percent of the funds ap- cerated individuals described in paragraph the administrative expenses of the eligible
propriated under subsection (c) to— (1), including such individuals who have agency related to transitions to online serv-
(A) reserve and use funds in accordance dropped out of school or other educational ice delivery of adult education and literacy
with section 171(g)(2)(B) of such Act (29 programs. In making the grants, the Sec- activities.
U.S.C. 3226(g)(2)(B)); and retary shall give priority to intermediaries SEC. 3153. DISTRIBUTION OF FUNDS.
(B) award grants in accordance with sec- proposing projects serving high-crime, high-
tion 171(c) of such Act (29 U.S.C. 3226(c)), (a) RESERVATION OF FUNDS; GRANTS TO ELI-
poverty areas. GIBLE AGENCIES.—From the amounts appro-
which may be awarded as supplemental (c) AUTHORIZATION OF APPROPRIATIONS.—
awards, to eligible entities that received priated under subsection (c), the Secretary
There is authorized to be appropriated to
grants under such section 171(c) for program shall—
carry out this section $350,000,000 for fiscal
year 2019 or 2020; and (1) reserve and use funds in accordance
year 2021, to remain available through fiscal
(3) provide for the flexibility described in with section 211(a) of the Workforce Innova-
year 2023.
subsection (b) for YouthBuild participants tion and Opportunity Act (29 U.S.C. 3291);
SEC. 3145. REGISTERED APPRENTICESHIP OP-
and entities carrying out YouthBuild pro- PORTUNITIES RESPONDING TO THE
and
grams. COVID–19 NATIONAL EMERGENCY. (2) award grants to eligible agencies in ac-
(b) FLEXIBILITY.— (a) IN GENERAL.—From the funds appro- cordance with section 211(b) of the Workforce
(1) IN GENERAL.—During the COVID–19 na- priated under subsection (c), the Secretary Innovation and Opportunity Act (29 U.S.C.
tional emergency, the Secretary shall pro- shall award grants, contracts, or cooperative 3291), ensuring that not less than 10 percent
vide for flexibility for YouthBuild partici- agreements to eligible entities on a competi- of the total funds awarded through those
pants and entities carrying out YouthBuild tive basis to create or expand apprenticeship grants shall be used to provide adult edu-
programs, including flexibility described in programs, which shall include pre-appren- cation and literacy activities in correctional
paragraphs (2) and (3). ticeship programs and youth apprenticeship facilities.
(2) ELIGIBILITY.—Notwithstanding the age programs. (b) USES OF FUNDS.—Each eligible agency
requirements for enrollment under section (b) USE OF FUNDS.—In making awards or eligible provider shall use the funds re-
171(e)(1)(A)(i) of the Workforce Innovation under subsection (a), the Secretary shall en- ceived through subsection (a)(2) to expand
and Opportunity Act (29 U.S.C. sure that— the capacity of adult education providers to
3226(e)(1)(A)(i)), an individual seeking to par- (1) not less than 50 percent of the funds ap- prioritize serving adults with low literacy or
ticipate in a YouthBuild program and who propriated under subsection (c) shall be numeracy levels negatively impacted by the
will turn 25 during the COVID–19 national awarded to States in accordance with the economic consequences of the COVID–19 na-
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emergency is eligible for such participation. award information described in the Depart- tional emergency, which may include—
(3) PARTICIPATION LENGTH.—Notwith- ment of Labor Employment and Training (1) expanding the infrastructure needed for
standing section 171(e)(2) of the Workforce Administration Training and Employment the provision of services and educational re-
Innovation and Opportunity Act (29 U.S.C. Guidance Letter No. 17–18 issued on May 3, sources online or through digital means, in-
3226(e)(2)), the period of participation in a 2019; cluding the provision of technology or inter-
YouthBuild program may extend for more (2) the remaining funds appropriated under net access to students and instructional staff
than 24 months for an individual partici- subsection (c) after funds are awarded under to enable virtual or distance learning;
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S7728 CONGRESSIONAL RECORD — SENATE December 18, 2020
(2) creating or expanding digital literacy serve individuals impacted by the COVID–19 (E) how the eligible entity will ensure the
curricula and resources, including profes- national emergency, as demonstrated by pro- quality of each such program, the career
sional development activities to aid instruc- viding an assurance in the application sub- pathways within such programs, and the jobs
tional and program staff in providing online mitted under subsection (d) that the eligible in the industry sectors or occupations to
or digital training to students; and entity will use such funds to— which the program is aligned.
(3) equipping adult education providers to (1) serve such individuals with barriers to (3) The extent to which the eligible entity
partner more closely with partners in work- employment, veterans, spouses of members can leverage additional resources, and dem-
force development systems on implementa- of the Armed Forces, Native Americans, onstration of the future sustainability of
tion strategies such as provision of inte- Alaska Natives, Native Hawaiians, or incum- each such program.
grated education and training to prepare bent workers who are low-skilled and who (4) How each such program and activities
adult learners on an accelerated timeline for need to increase their employability skills; carried out under the grant will include evi-
high-skill, high-wage, or in-demand industry (2) serve such individuals from each major dence-based practices, including a descrip-
sectors and occupations. racial and ethnic group or gender with lower tion of such practices.
(c) AUTHORIZATION OF APPROPRIATIONS.— than average educational attainment in the (5) The student populations that will be
There is authorized to be appropriated to State or employment in the in-demand in- served by the eligible entity, including—
carry out this section $1,000,000,000 for fiscal dustry sector or occupation that such award (A) an analysis of any barriers to employ-
year 2021, to remain available through fiscal will support; or ment or barriers to postsecondary education
year 2023. (3) serve areas with high unemployment that such populations face, and an analysis
CHAPTER 6—COMMUNITY COLLEGE AND rates or high levels of poverty, including of how the services to be provided by the eli-
INDUSTRY PARTNERSHIP GRANTS rural areas. gible entity under this section will address
such barriers; and
SEC. 3161. COMMUNITY COLLEGE AND INDUSTRY (d) APPLICATION.—An eligible entity seek-
(B) how the eligible entity will support
PARTNERSHIP GRANTS. ing an award of funds under this section
such populations to establish a work history,
(a) DEFINITIONS.—In this section: shall submit to the Secretary an application
demonstrate success in the workplace, and
(1) ELIGIBLE ENTITY.—The term ‘‘eligible containing a grant proposal at such time and
develop the skills and competencies that
entity’’ means an eligible institution or a in such manner, and containing such infor-
lead to entry into and retention in unsub-
consortium of such eligible institutions, mation, as required by the Secretary, includ- sidized employment.
which may include a multistate consortium ing a detailed description of the following: (6) Assurances the eligible entity will par-
of such eligible institutions. (1) Each entity (and the roles and respon- ticipate in and comply with third-party eval-
(2) ELIGIBLE INSTITUTION.—The term ‘‘eligi- sibilities of each entity) with which the eli- uations described in subsection (f)(3).
ble institution’’ means a public institution gible entity will partner to carry out activi- (e) USE OF FUNDS.—
of higher education (as defined in section ties under this section, including each of the (1) IN GENERAL.—An eligible entity shall
101(a) of the Higher Education Act of 1965 (20 following: use a grant awarded under this section to es-
U.S.C. 1001(a))) at which the highest degree (A) An industry or sector partnership rep- tablish and scale career training programs,
that is predominantly awarded to students is resenting a high-skill, high-wage, or in-de- including career and technical education
an associate degree, including a 2-year Trib- mand industry sector or occupation. programs, and career pathways and supports
al College or University (as defined in sec- (B) A State higher education agency or a for students participating in such programs.
tion 316 of the Higher Education Act (20 State workforce agency. (2) STUDENT SUPPORT AND EMERGENCY SERV-
U.S.C. 1059c)). (C) To the extent practicable— ICES.—Not less than 15 percent of the grant
(3) PERKINS CTE DEFINITIONS.—The terms (i) State or local workforce development awarded to an eligible entity under this sec-
‘‘career and technical education’’, ‘‘dual or systems; tion shall be used to carry out student sup-
concurrent enrollment program’’, and (ii) economic development and other rel- port services which may include the fol-
‘‘work-based learning’’ have the meanings evant State or local agencies; lowing:
given the in terms in section 3 of the Carl D. (iii) one or more community-based organi- (A) Supportive services, including child
Perkins Career and Technical Education Act zations; care, transportation, mental health services,
of 2006 (20 U.S.C. 2302). (iv) one or more institutions of higher edu- substance use disorder prevention and treat-
(b) GRANT AUTHORITY.— cation that primarily award 4-year degrees ment, assistance in obtaining health insur-
(1) IN GENERAL.—From the funds appro- with which the eligible institution has devel- ance coverage, housing, and assistance in ac-
priated under subsection (h) and not reserved oped or will develop articulation agreements cessing the supplemental nutrition assist-
under subsection (f), the Secretary, in col- for programs created or expanded using ance program established under the Food
laboration with the Secretary of Education funds under this section; and Nutrition Act of 2008 (7 U.S.C. 2011 et
(acting through the Office of Career, Tech- (v) one or more providers of adult edu- seq.), the special supplemental nutrition pro-
nical, and Adult Education) shall award, on cation; and gram for women, infants, and children estab-
a competitive basis, grants, contracts, or co- (vi) one or more labor organizations or lished by section 17 of the Child Nutrition
operative agreements, in accordance with joint labor-management partnerships. Act of 1966 (42 U.S.C. 1786), and other bene-
section 169(b)(5) of the Workforce Innovation (2) The programs that will be supported fits, as appropriate.
and Opportunity Act (29 U.S.C. 3224(b)(5)), to with such award, including a description of— (B) Connecting students to State or Fed-
eligible entities to assist such eligible enti- (A) each program that will developed or ex- eral means-tested benefits programs, includ-
ties in— panded, and how the program will be respon- ing the means-tested Federal benefits pro-
(A) establishing and scaling career training sive to the high-skill, high-wage, or in-de- grams described in subparagraphs (A)
programs, including career and technical mand industry sectors or occupations in the through (F) of section 479(d)(2) of the Higher
education programs, and industry and sector geographic region served by the eligible enti- Education Act of 1965 (20 U.S.C. 1087ss(d)(2)).
partnerships to inform such programs; and ty under this section, including— (C) The provision of direct financial assist-
(B) providing necessary student supports. (i) how the eligible entity will collaborate ance to help students facing financial hard-
(2) AWARD AMOUNTS.—The total amount of with employers to ensure each such program ships that may impact enrollment in or com-
funds awarded under this section to an eligi- will provide the skills and competencies nec- pletion of a program assisted with such
ble entity shall not exceed— essary to meet future employment demand; funds.
(A) in the case of an eligible entity that is and (D) Navigation, coaching, mentorship, and
eligible institution, $2,500,000; and (ii) the quantitative data and evidence that case management services, including pro-
(B) in the case of an eligible entity that is demonstrates the extent to which each such viding information and outreach to popu-
a consortium, $15,000,000. program will meet the needs of employers in lations described in subsection (c) to take
(3) AWARD PERIOD.—A grant, contract, or the geographic area served by the eligible part in a program supported with such funds.
cooperative agreement awarded under this entity under this section; (E) Providing access to necessary supplies,
section shall be for a period of not more than (B) the recognized postsecondary creden- materials, or technological devices, and re-
4 years, except that the Secretary may ex- tials to be awarded under each program de- quired equipment, and other supports nec-
tend such a grant, contract, or agreement for scribed in subparagraph (A); essary to participate in such programs.
an additional 2-year period. (C) how each such program will facilitate (3) ADDITIONAL REQUIRED PROGRAM ACTIVI-
(4) EQUITABLE DISTRIBUTION.—In awarding cooperation between representatives of TIES.—The funds awarded to an eligible enti-
grants under this section, the Secretary workers and employers in the local areas to ty under this section that remain after car-
shall ensure, to the extent practicable, the ensure a fair and engaging workplace that rying out paragraph (2) shall be used to—
equitable distribution of grants, based on— balances the priorities and well-being of (A) create, develop, or expand articulation
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(A) geography (such as urban and rural dis- workers with the needs of businesses; agreements (as defined in section 486A(a) of
tribution); and (D) the extent to which each such program the Higher Education Act of 1965 (20 U.S.C.
(B) States and local areas significantly im- aligns with a statewide or regional work- 1093a(a))), credit transfer agreements, poli-
pacted by the COVID–19 national emergency. force development strategy, including such cies to award credit for prior learning, coreq-
(c) PRIORITY.—In awarding funds under this strategies established under section 102(b)(1) uisite remediation, dual or concurrent en-
section, the Secretary shall give priority to of the Workforce Innovation and Oppor- rollment programs, career pathways, and
eligible entities that will use such funds to tunity Act (29 U.S.C. 3112(b)(1)); and competency-based education;
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7729
(B) establish or expand industry or sector CHAPTER 7—SENIOR COMMUNITY of the Department of Labor to oversee the
partnerships to develop or expand academic SERVICE EMPLOYMENT PROGRAM administration and distribution of funds
programs and curricula; SEC. 3171. APPROPRIATIONS. under this subtitle.
(C) establish or expand work-based learn- There is appropriated to the Secretary, out (d) AUTHORIZATION OF APPROPRIATIONS.—
ing opportunities, including apprenticeship of any money in the Treasury not otherwise There is authorized to be appropriated
programs or paid internships; appropriated, $140,000,000 to carry out title V $90,000,000 to carry out this section for fiscal
(D) establish or implement plans for pro- of the Older Americans Act of 1965 (42 U.S.C. year 2021, to remain available through fiscal
grams supported with funds under this sec- 3056 et seq.), for each of fiscal years 2021 year 2025.
tion to be included on the eligible training through 2025. Subtitle B—Carl D. Perkins Career and
provider, as described under section 122(d) of CHAPTER 8—GENERAL PROVISIONS Technical Education Act of 2006
the Workforce Innovation and Opportunity SEC. 3176. GENERAL PROVISIONS. SEC. 3201. DEFINITIONS AND PERKINS CTE RE-
Act (29 U.S.C. 3152(d)); (a) SUPPLEMENT, NOT SUPPLANT.—Any Fed- QUIREMENTS.
(E) award academic credit or provide for eral funds provided under this subtitle shall (a) PERKINS CTE DEFINITIONS AND REQUIRE-
academic alignment towards credit path- be used only to supplement and not supplant MENTS.—Except as otherwise provided, in
ways for programs assisted with such funds, the funds that would, in the absence of such this subtitle—
including industry recognized credentials, Federal funds, be made available from State (1) the terms have the meanings given the
competency-based education, or work-based or local public funds for adult education and terms in section 3 of the Carl D. Perkins Ca-
learning; literacy activities, employment and training reer and Technical Education Act of 2006 (20
(F) make available open, searchable, and activities, or other activities carried out U.S.C. 2302); and
comparable information on the recognized under the Workforce Innovation and Oppor- (2) an allotment, allocation, or other provi-
postsecondary credentials awarded under tunity Act (29 U.S.C. 3101 et seq.). sion of funds made under this subtitle in ac-
such programs, including the related skills (b) EVALUATIONS.—Any activity or program cordance with a provision of the Carl D. Per-
or competencies, related employment, and carried out with funds provided under this kins Career and Technical Education Act of
earnings outcomes; or subtitle shall be subject to the following: 2006 (20 U.S.C. 2301 et seq.) shall be made in
(G) acquiring equipment necessary to sup- (1) Measurement with performance ac- compliance with the applicable requirements
port activities permitted under this section. countability indicators in accordance with of such Act (20 U.S.C. 2301 et seq.).
(f) SECRETARIAL RESERVATIONS.—Not more section 116(b)(2)(A) of the Workforce Innova- (b) OTHER DEFINITIONS.—In this subtitle:
tion and Opportunity Act (29 U.S.C. (1) CORONAVIRUS.—The term ‘‘coronavirus’’
than 5 percent of the funds appropriated for
3141(b)(2)(A)) or as provided as follows: means coronavirus as defined in section 506
a fiscal year may be used by the Secretary of the Coronavirus Preparedness and Re-
(A) With respect to an activity or program
for— carried out under section 3131, the measure- sponse Supplemental Appropriations Act,
(1) the administration of the program ment with performance accountability indi- 2020 (Public Law 116–123).
under this section, including providing tech- cators shall be in accordance with section (2) COVID–19 NATIONAL EMERGENCY.—The
nical assistance to eligible entities; 116(b)(2)(A)(ii) of the Workforce Innovation term ‘‘COVID–19 national emergency’’ means
(2) targeted outreach to eligible institu- and Opportunity Act (29 U.S.C. the national emergency declared by the
tions serving a high number or high percent- 3141(b)(2)(A)(ii)). President under the National Emergencies
age of low-income populations, and rural (B) With respect to an activity or program Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
serving eligible institutions to provide guid- carried out under section 3143, the measure- with respect to the coronavirus.
ance and assistance in the grant application ment with performance accountability indi- SEC. 3202. COVID–19 CAREER AND TECHNICAL
process under this section; and cators shall be in accordance with section EDUCATION RESPONSE FLEXI-
(3) a rigorous, third-party evaluation that 116(b)(2)(A)(ii) of the Workforce Innovation BILITY.
uses experimental or quasi-experimental de- and Opportunity Act (29 U.S.C. (a) POOLING OF FUNDS.—An eligible recipi-
sign or other research methodologies that 3141(b)(2)(A)(ii)). ent may, in accordance with section 135(c) of
allow for the strongest possible causal infer- (2) Rigorous evaluation using research ap- the Carl D. Perkins Career and Technical
ences to determine whether each eligible en- proaches appropriate to the level of develop- Education Act of 2006 (20 U.S.C. 2355(c)), pool
tity carrying out a program supported under ment and maturity of the activity or pro- a portion of funds received under such Act
this section has met the goals of such pro- gram, which evaluation may include random with a portion of funds received under such
gram as described in the application sub- assignment or quasi-experimental impact Act available to one or more eligible recipi-
mitted by eligible entity, including through evaluations, implementation evaluations, ents to support the transition from sec-
a national assessment of all such programs pre-experimental studies, and feasibility ondary education to postsecondary edu-
at the conclusion of each 4-year grant period. studies, including studies of job quality cation or employment for CTE participants
(g) REPORTS AND DISSEMINATION.— measures and credential transparency. whose academic year was interrupted by the
(1) REPORTS.—Each eligible entity receiv- (c) USES OF FUNDS.—From the funds appro- COVID–19 national emergency.
ing funds under this section shall report to priated under subsection (d), the Secretary (b) PROFESSIONAL DEVELOPMENT.—During
the Secretary annually on— of Labor shall— the COVID–19 national emergency, section
(A) a description of the programs sup- (1) support the administration of the funds 3(40)(B) of the Carl D. Perkins Career and
ported with such funds, including activities under this subtitle and evaluation of activi- Technical Education Act of 2006 (20 U.S.C.
carried out directly by the eligible entity ties and programs described in subsection 2302(40)(B)) shall apply as if ‘‘sustained (not
and activities carried out by each partner of (b), including by providing guidance and stand-alone, 1-day, or short-term work-
the eligible entity described in subsection technical assistance to States and local shops), intensive, collaborative, job-embed-
(d)(1); areas; ded, data-driven, and classroom-focused,’’
(B) data on the population served with the (2) establish an interagency agreement were struck.
funds and labor market outcomes of popu- with the Secretary of Education for— SEC. 3203. PERKINS CAREER AND TECHNICAL
lations served by the funds; (A) coordination of funding priorities, with EDUCATION.
(C) resources leveraged by the eligible enti- other relevant Federal agencies, as applica- (a) DISTRIBUTION OF FUNDS.—
ty to support activities under this section; ble; (1) STATES.—From the amounts appro-
and (B) dissemination and administration of priated under subsection (c), the Secretary
(D) the performance of each such program grants and funding under this subtitle; and shall make allotments to eligible agencies in
with respect to the indicators of performance (C) execution of research and evaluation accordance with section 111(a)(3) of the Carl
under section 116(b)(2)(A)(i) of the Workforce activities to minimize the duplication of ef- D. Perkins Career and Technical Education
Innovation and Opportunity Act (29 U.S.C. forts and job training investments; Act of 2006 (20 U.S.C. 2321(a)(3)).
3141(b)(2)(A)(i)). (3) provide guidance to States and local (2) LOCAL AREAS.—
(2) DISSEMINATION.—Each eligible entity areas on how to make, and financial support (A) IN GENERAL.—Not later than 30 days
receiving funds under this section shall— to enable the States and local areas to make, after an eligible agency receives an allot-
(A) participate in activities regarding the information on recognized postsecondary ment under paragraph (1), the eligible agen-
dissemination of related research, best prac- credentials and related competencies being cy shall make available such funds in ac-
tices, and technical assistance; and awarded for activities carried out with funds cordance with section 112(a) of the Carl D.
(B) to the extent practicable, and as deter- under this subtitle publicly available, Perkins Career and Technical Education Act
mined by the Secretary, make available to searchable, and comparable as linked open of 2006 (20 U.S.C. 2322(a)), including making
the public any materials created under the data; such funds available for distribution to eligi-
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grant. (4) not later than 30 days after the date of ble recipients in accordance with sections 131
enactment of this Act, issue guidance for im- and 132 of such Act.
(h) AUTHORIZATION OF APPROPRIATIONS.— plementing this subtitle in accordance with (B) RESERVED FUNDS.—An eligible agency
There is authorized to be appropriated to the Workforce Innovation and Opportunity that reserves funds in accordance with sec-
carry out this section $2,000,000,000 for fiscal Act (29 U.S.C. 3101 et seq.); and tion 112(a)(1) of the Carl D. Perkins Career
year 2021, to remain available through fiscal (5) provide not less than $1,000,000 for each and Technical Education Act of 2006 (20
year 2025. fiscal year for the Office of Inspector General U.S.C. 2322(a)) to be used in accordance with
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S7730 CONGRESSIONAL RECORD — SENATE December 18, 2020
section 112(c) of such Act, may also use such (C) execution of research and evaluation conduct engaged in during or with respect to
reserved funds for digital, physical, or tech- activities to minimize the duplication of ef- the applicable period.
nology infrastructure related projects to im- forts and job training investments and facili- (b) APPLICATION TO PROGRAM ENFORCEMENT
prove career and technical education offer- tate greater blending and braiding of Federal PROVISIONS.—
ings within the State. and non-Federal funds; (1) WAIVER OF CERTAIN PENALTIES.—The
(b) USES OF FUNDS.—Each eligible agency (3) not later than 30 days after the date of Secretary shall not impose a penalty against
and eligible recipient shall use the funds re- enactment of this Act, issue guidance for im- a State or Indian tribe under paragraph (3),
ceived under this section to carry out activi- plementing this subtitle in accordance with (5), (8), (9), (14), or (15) of section 409(a) of
ties improving or expanding career and tech- the Carl D. Perkins Career and Technical such Act (42 U.S.C. 609(a)) with respect to
nical education programs and programs of Education Act of 2006 (20 U.S.C. 2301 et seq.); any violation of a requirement described in
study to adequately respond to State and and such a paragraph that occurs during or with
local needs as a result of the COVID–19 na- (4) provide not less than $250,000 for each respect to the applicable period.
tional emergency, including— fiscal year for the Office of Inspector General (2) CORRECTIVE COMPLIANCE PLANS.—If a
(1) expanding and modernizing digital, of the Department of Education to oversee State or Indian tribe has a corrective com-
physical, or technology infrastructure to de- the administration and distribution of funds pliance plan in effect during or with respect
liver in-person, online, virtual, and simu- under this subtitle. to the applicable period that involves a vio-
lated educational and work-based learning (d) AUTHORIZATION OF APPROPRIATIONS.— lation for which a penalty specified in para-
experiences; There is authorized to be appropriated to graph (1) would be imposed, the Secretary
(2) acquiring appropriate equipment, tech- carry out this section $10,000,000 for fiscal shall—
nology, supplies, and instructional materials year 2021, to remain available through fiscal (A) disregard the months occurring during
aligned with business and industry needs, in- year 2025. the applicable period (and any portion of
cluding machinery, testing equipment, tools, Subtitle C—Pandemic TANF Assistance such months) for purposes of determining
hardware, software, and other new and whether the State or Indian tribe has not, in
SEC. 3301. EMERGENCY FLEXIBILITY FOR STATE
emerging instructional materials; a timely manner, corrected or discontinued,
AND TRIBAL TANF PROGRAMS.
(3) providing incentives to employers and as appropriate, the violation pursuant to the
(a) SUSPENSION OF REQUIREMENTS AND PEN-
CTE participants facing economic hardships corrective compliance plan accepted by the
ALTIES RELATING TO THE TIME LIMIT FOR AS-
due to the COVID–19 national emergency to Secretary; and
SISTANCE, WORK, AND CERTAIN OTHER RE-
participate in work-based learning programs; (B) consult with the State or Indian tribe
QUIREMENTS.—
(4) expanding or adapting program offer- on modifications to the corrective compli-
(1) IN GENERAL.—During the applicable pe-
ings or supports based on an updated com- ance plan for how the State will correct or
riod—
prehensive needs assessment to systemically discontinue, as appropriate, the violation
(A) sections 407(a), 407(e)(1), and
respond to employers’ and CTE participants’ and how the State will ensure compliance
408(a)(7)(A) of the Social Security Act (42
changing needs as a result of the COVID–19 with the requirements of part A of title IV of
U.S.C. 607(a), 607(e)(1), 608(a)(7)(A)) shall have
national emergency; or the Social Security Act (42 U.S.C. 601 et seq.)
no force or effect;
(5) providing for professional development after the applicable period ends.
(B) no penalty shall be imposed against an
and training activities for career and tech- (c) PENALTY FOR NONCOMPLIANCE.—
individual or the individual’s family with re-
nical education teachers, faculty, school (1) IN GENERAL.—Subject to the succeeding
spect to section 407(e)(1) or 408(b)(3) of such
leaders, administrators, specialized instruc- provisions of this subsection, if the Sec-
Act (42 U.S.C. 607(e)(1), 608(b)(3));
tional support personnel, career guidance retary finds that during or with respect to
(C) a State shall not deny, reduce, or ter-
and academic counselors, and paraprofes- the period that begins on the date of enact-
minate assistance to a family because an in-
sionals to support activities carried out ment of this section and ends on the date
dividual does not comply with such section
under this section. specified in section 106(3) of division A of the
(c) AUTHORIZATION OF APPROPRIATIONS.— 407(e)(1) or does not otherwise engage in
work required by the State; Continuing Appropriations Act, 2021, and
There is authorized to be appropriated to
(D) a State shall not deny, reduce, or ter- Other Extensions Act, a State or an Indian
carry out this section $1,000,000,000 for fiscal
minate assistance to an individual or the in- tribe has imposed a penalty waived under
year 2021, to remain available through fiscal
dividual’s family with respect to a failure to subsection (a), including denying, reducing,
year 2023.
cooperate with completing the assessment terminating, or conditioning assistance
SEC. 3204. GENERAL PROVISIONS.
required under section 408(b)(1) of such Act under a program funded under part A of title
(a) SUPPLEMENT, NOT SUPPLANT.—Any Fed-
(42 U.S.C. 608(b)(1)); IV of the Social Security Act or any program
eral funds provided under this subtitle shall
(E) a State may defer a required assess- funded with qualified State expenditures (as
be used only to supplement the funds that
ment of the employability of an individual defined in section 409(a)(7)(B)(i) of such Act
would, in the absence of such Federal funds,
under section 408(b) of such Act (42 U.S.C. (42 U.S.C. 609(a)(7)(B)(i)), the Secretary shall
be made available from non-Federal sources
608(b)) to 90 days following the end of the ap- reduce the grant payable to the State under
for career and technical education programs
or other activities carried out under the Carl plicable period; section 403(a)(1) of such Act (42 U.S.C.
D. Perkins Career and Technical Education (F) no condition on assistance for an indi- 603(a)(1)) or the grant payable to the tribe
Act of 2006 (20 U.S.C. 2301 et seq.), and not to vidual or the individual’s family shall be im- under section 412(a)(1) of such Act (42 U.S.C.
supplant such funds. posed in connection with enforcing penalties 612(a)(1)) for fiscal year 2021 by an amount
(b) EVALUATIONS.—Any activity or program described in section 409(a)(5) of such Act (42 equal to 5 percent of the State or tribal fam-
carried out with funds received under this U.S.C. 609(a)(5)); ily assistance grant (as applicable).
subtitle shall be subject to— (G) no penalty shall be imposed against an (2) PENALTY BASED ON SEVERITY OF FAIL-
(1) performance accountability indicators individual or the individual’s family with re- URE.—The Secretary shall impose reductions
in accordance with section 113 of the Carl D. spect to section 408(a)(2) of such Act (42 under paragraph (1) with respect to fiscal
Perkins Career and Technical Education Act U.S.C. 608(a)(2)); and year 2021 based on the degree of noncompli-
of 2006 (20 U.S.C. 2323); and (H) paragraphs (3), (5), (8), (9), (14), and (15) ance.
(2) rigorous evaluation using research ap- of section 409(a) of such Act (42 U.S.C. 609(a)) (3) APPLICATION OF AGGREGATE PENALTY
proaches appropriate to the level of develop- shall not apply with respect to any violation LIMIT.—For purposes of section 409(d) of the
ment and maturity of the activity or pro- of a requirement described in such a para- Social Security Act (42 U.S.C. 609(d)), para-
gram, including random assignment or graph that occurs during or with respect to graph (1) of this subsection shall be consid-
quasi-experimental impact evaluations, im- the applicable period. ered to be included in section 409(a) of such
plementation evaluations, pre-experimental (2) TRIBAL PROGRAMS.—During the applica- Act.
studies, and feasibility studies, including ble period— (d) DEFINITIONS.—In this section:
studying job quality measures and credential (A) the minimum work participation re- (1) APPLICABLE PERIOD.—The term ‘‘appli-
transparency. quirements and time limits established cable period’’ means the period that begins
(c) USES OF FUNDS.—From the funds appro- under section 412(c) of the Social Security on October 1, 2019, and ends on the date spec-
priated under subsection (d), the Secretary Act (42 U.S.C. 612(c)) shall have no force or ified in section 106(3) of division A of the
shall— effect; Continuing Appropriations Act, 2021, and
(1) support the administration of the funds (B) no penalty shall be imposed against an Other Extensions Act.
for this subtitle and evaluation of such ac- individual or the individual’s family with re- (2) OTHER TERMS.—Each other term has the
tivities described in subsection (b); spect to a violation of such requirements or meaning given the term for purposes of part
(2) establish an interagency agreement limits; A of title IV of the Social Security Act (42
dlhill on DSK120RN23PROD with SENATE
with the Secretary of Labor for— (C) no condition on assistance for an indi- U.S.C. 601 et seq.).
(A) coordinating funding priorities, includ- vidual or the individual’s family shall be im- SEC. 3302. CORONAVIRUS EMERGENCY ASSIST-
ing with other relevant Federal agencies, in- posed in connection with enforcing penalties ANCE GRANTS FOR LOW-INCOME
cluding the Department of Health and described in section 409(a)(5) of such Act (42 FAMILIES.
Human Services; U.S.C. 609(a)(5)); and Title VI of the Social Security Act (42
(B) dissemination and administration of (D) the penalties established under such U.S.C. 801 et seq.) is amended by adding at
grants and funding under this subtitle; and section 412(c) shall not apply with respect to the end the following:
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7731
‘‘SEC. 602. CORONAVIRUS EMERGENCY ASSIST- need to prevent the spread or reoccurrence of submit a report to the Secretary on how the
ANCE GRANTS FOR LOW-INCOME coronavirus). State used the grant funds received by the
FAMILIES.
‘‘(2) NONDISPLACEMENT.—An emergency State in such form and manner, and con-
‘‘(a) IN GENERAL.—Subject to the suc- grant State receiving a grant under this sec- taining such information, as the Secretary
ceeding provisions of this section, each tion shall not use the grant funds to— shall require.
emergency grant State shall be entitled to ‘‘(A) displace or replace an employee, posi- ‘‘(2) REPORT TO CONGRESS.—Not later than
receive from the Secretary a grant pursuant tion, or volunteer, or to partially displace or September 30, 2022, the Secretary shall sub-
to this section for fiscal year 2021 in the replace an employee, position or volunteer, mit a report to Congress on the grants made
amount determined for the State under sub- such as through a reduction in hours, wages, under this section based on the reports sub-
section (b). or employment benefits; mitted under paragraph (1).
‘‘(b) AMOUNT OF GRANTS.— ‘‘(f) MISCELLANEOUS.—
‘‘(B) displace or replace an employee par-
‘‘(1) IN GENERAL.—Subject to paragraphs ‘‘(1) EXPEDITED IMPLEMENTATION.—The Sec-
ticipating in a strike, collective bargaining
(2), (3), and (4), the amount of the grant for retary shall implement this section as quick-
or union activities, or union organizing; or
an emergency grant State for the period de- ly as reasonably possible, pursuant to the
‘‘(C) displace or replace an employee who
scribed in subsection (a) shall be the amount issuance of appropriate guidance to States.
was furloughed or unable to work due to the
equal to the product of— ‘‘(2) TIMELY DISTRIBUTION OF GRANTS.—
public health emergency with respect to the
‘‘(A) the amount appropriated in paragraph ‘‘(A) INITIAL PAYMENTS.—Not later than 30
Coronavirus Disease 2019 (COVID-19) (includ-
(1) of subsection (h) that remains after the days after the date of enactment of this sec-
ing due to illness, measures taken to avoid
application of paragraph (2) of that sub- infection, or needing to provide care for an- tion, the Secretary shall pay each State that
section; and other individual). is an emergency grant State as of such date,
‘‘(B) the quotient of— ‘‘(3) NONDISCRIMINATION.—An emergency the grant payable to such State for the 1st
‘‘(i) the number of individuals in families grant State receiving a grant under this sec- quarter of fiscal year 2021.
with income below the poverty line in the tion shall not employ any policies or prac- ‘‘(B) SUBSEQUENT PAYMENTS.—The Sec-
State in the most recent year for which data tices that have the effect of making any eli- retary shall continue to make payments not
are available from the Bureau of the Census; gible family less likely to receive assistance later than the first day of each quarter to
and by reason of race, sex, religious creed, na- emergency grant States under this section
‘‘(ii) the number of individuals in families tional origin, or political affiliation. for the 2d, 3rd, and 4th quarters of fiscal year
with income below the poverty line in all ‘‘(4) PROTECTING OTHER BENEFITS.—For pur- 2021.
States (other than States specified in sub- poses of any Federal, State, or local law, in- ‘‘(3) MISUSE OF FUNDS.—
section (h)(2)(A)) in such year. cluding those for purposes of public assist- ‘‘(A) IN GENERAL.—If the Secretary deter-
‘‘(2) OTHER STATES.—The amount of the ance programs and taxation, any benefit pro- mines that an emergency grant State has
grant for an emergency grant State specified vided under paragraph (1)(A) for an eligible used grant funds received by the State in
in subsection (h)(2)(A) shall be based on such family shall be treated as short-term, non- violation of the requirements of this section,
poverty data as the Secretary determines ap- cash, in-kind emergency disaster relief with- the State shall remit to the Secretary an
propriate. out regard to the form in which the benefit amount equal to the amount so used.
‘‘(3) REDISTRIBUTION OF UNUSED FUNDS.— is provided and shall be disregarded from in- ‘‘(B) APPLICATION OF APPEAL PROCEDURES.—
The Secretary shall redistribute, under a come. Section 410 shall apply to a determination by
procedure and methodology the Secretary ‘‘(d) STATE LETTER OF INTENT.— the Secretary under subparagraph (A) in the
determines appropriate, funds available for ‘‘(1) IN GENERAL.—In order to receive a pay- same manner as such section applies to an
payments to emergency grant States under ment for a fiscal year quarter from the grant imposition of a penalty under section 409.
this section for which, as of July 30, 2021, determined for an emergency grant State ‘‘(g) DEFINITIONS.—In this section:
States have not applied to be paid to other under this section, a State shall submit a ‘‘(1) ELIGIBLE FAMILIES.—The term ‘eligible
emergency grant States that apply for pay- letter of intent to the Secretary, not later family’ means a family (including a family
ment from such funds. than 30 days before the first day of each such of one)—
‘‘(4) INCLUSION OF FAMILIES OF 1.—For pur- quarter (or, in the case of a quarter that has ‘‘(A) whose monthly income, as of the date
poses of paragraphs (1), (2), and (3), in deter- started or will start within 30 days of the on which the family applies for emergency
mining the number of individuals in families date of enactment of this section, a State disaster relief or subsidized employment,
with income below the poverty line in a shall submit a letter of intent to the Sec- does not exceed 200 percent of the poverty
State, the Secretary shall take household retary not later than 15 days after such date line applicable to a family of the size in-
composition into account and shall treat a of enactment in order to receive an emer- volved (as determined under section 673(2) of
single individual as a family of 1, without re- gency grant for that quarter) that— the Community Services Block Grant Act (42
gard to whether the household of the indi- ‘‘(A) specifies the amount of funds re- U.S.C. 9902(2)); and
vidual is composed of more than 1 family. quested by the State for a quarter; ‘‘(B) that has been adversely affected by
‘‘(c) USE OF FUNDS.— ‘‘(B) describes how the State will use the the public health emergency with respect to
‘‘(1) IN GENERAL.—An emergency grant funds to assist eligible families during the the Coronavirus Disease 2019 (COVID-19) (in-
State receiving a grant under this section quarter; and cluding due to illness, economic disruption,
shall only use the grant funds for the fol- ‘‘(C) describes how funds provided will not measures taken to avoid infection, or need-
lowing: supplant any existing expenditures or pro- ing to provide care for another individual).
‘‘(A) To provide short-term cash, non-cash, grams funded or administered by the State. ‘‘(2) EMERGENCY GRANT STATE.—The term
or in-kind emergency disaster relief (as ap- ‘‘(2) PUBLIC AVAILABILITY.—The State shall ‘emergency grant State’ means a State that
propriate) to— make the letter of intent submitted by the submits a letter of intent containing the in-
‘‘(i) help eligible families address and avoid State under this subsection available to the formation specified in subsection (d)(1) to
emergencies with respect to basic needs; public. the Secretary with respect to a fiscal year
‘‘(ii) prevent or remedy household emer- ‘‘(3) NO DELAY OF PAYMENTS; HOLD HARM- quarter by the submission deadline for such
gencies of eligible families, such as evic- LESS.— quarter.
tions, foreclosures, forfeitures, and termi- ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(3) STATE.—The term ‘State’ has the
nations of utility services; and make payments by the applicable deadline meaning given that term in section 419(5)
‘‘(iii) help eligible families address and under subsection (f)(2) to each State that and includes the Commonwealth of the
avoid emergencies so that children may be submits a letter of intent for a quarter by Northern Mariana Islands and Indian tribes
cared for in their own homes or in the homes the applicable deadline under paragraph (1), as defined in section 419(4).
of relatives. without regard to whether the Secretary has ‘‘(h) APPROPRIATION.—
‘‘(B) To ensure the safety and well-being of issued the guidance required under sub- ‘‘(1) IN GENERAL.—Out of any money in the
all individuals during the period of a Federal section (f)(1). Treasury of the United States not otherwise
or State emergency declaration concerning ‘‘(B) HOLD HARMLESS.—A State that uses appropriated, there are appropriated for fis-
Coronavirus Disease 2019 (COVID-19), by pro- funds paid to the State for any quarter oc- cal year 2021, $10,000,000,000 for grants under
viding subsidized jobs for individuals who are curring prior to the issuance of the guidance this section, to remain available until ex-
members of eligible families that can be per- required under subsection (f)(1) consistent pended.
formed remotely or are deemed essential with the letter of intent submitted by the ‘‘(2) RESERVATION OF FUNDS.—
(with individuals provided proper personal State for the quarter and the State’s good ‘‘(A) CERTAIN TERRITORIES.—The Secretary
protective equipment and complying with faith interpretation of the requirements of shall reserve 5 percent of the amount appro-
Federal and State social distancing guide- this section, shall not be penalized under priated under paragraph (1) for grants to
dlhill on DSK120RN23PROD with SENATE
lines). subsection (f)(3) or in any other manner if, Guam, American Samoa, the United States
‘‘(C) To provide subsidized employment for after such guidance is issued, the Secretary Virgin Islands, the Commonwealth of the
individuals who are members of eligible fam- determines the State did not use the funds Northern Mariana Islands, and Indian tribes
ilies after the period of a Federal or State consistent with such guidance. (as defined in section 419(4)).
emergency declaration concerning ‘‘(e) REPORTS.— ‘‘(B) TECHNICAL ASSISTANCE.—The Sec-
Coronavirus Disease 2019 (COVID-19) ends ‘‘(1) STATE REPORTS.— Not later than Janu- retary shall reserve $500,000 of the amount
(when safe to do so, taking into account the ary 1, 2022, each emergency grant State shall appropriated under paragraph (1) to provide
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S7732 CONGRESSIONAL RECORD — SENATE December 18, 2020
technical assistance to States and Indian Abuse Prevention and Treatment Act (42 tion 403(a)(2) of such Act (42 U.S.C. 603(a)(2))
tribes with respect to the emergency grants U.S.C. 5116d(4)), a State shall not be required is further amended—
made under this section.’’. to provide any additional funding for the (1) in subparagraph (A)—
Subtitle D—Preventing Child Abuse and program under title II of the Child Abuse (A) in clause (i), by inserting ‘‘territories,’’
Neglect Prevention and Treatment Act (42 U.S.C. after ‘‘States,’’; and
SEC. 3401. CAPTA INVESTMENTS. 5116 et seq.) as a condition for receiving an (B) by adding at the end the following:
(a) APPROPRIATIONS.— allocation under paragraph (2). ‘‘(iv) ELIGIBLE ENTITIES.—States, terri-
(c) IN GENERAL.—Any amount appropriated tories, Indian tribes and tribal organizations,
(1) IN GENERAL.—There is appropriated to
or made available under this section is in ad- public or private entities, and nonprofit
the Secretary of Health and Human Services dition to other amounts appropriated or
(referred to in this section as the ‘‘Sec- community entities, including religious or-
made available for the applicable purpose, ganizations, are eligible to be awarded funds
retary’’), out of amounts in the Treasury not and shall remain available until expended.
otherwise appropriated, $500,000,000 for fiscal made available under this paragraph for the
Subtitle E—Modernizing Child Support purpose of carrying out healthy marriage
year 2021, for the purpose of providing addi-
tional funding for the State grant program SEC. 3501. SHORT TITLE; DEFINITION. promotion activities, for the purpose of car-
under section 106 of the Child Abuse Preven- (a) SHORT TITLE.—This subtitle may be rying out activities promoting responsible
tion and Treatment Act (42 U.S.C. 5106a). cited as the ‘‘Strengthening Families for fatherhood, or for both such purposes.
(2) ALLOTMENTS.—The Secretary shall Success Act of 2020’’. ‘‘(v) TERRITORY DEFINED.—For purposes of
make allotments out of the amounts appro- (b) SECRETARY DEFINED.—In this subtitle, awarding funds under this paragraph, the
the term ‘‘Secretary’’ means the Secretary term ‘territory’ means the Commonwealth of
priated under paragraph (1) to each State
of Health and Human Services. Puerto Rico, the United States Virgin Is-
and territory receiving an allotment under
section 106(f) of the Child Abuse Prevention CHAPTER 1—PROMOTING RESPONSIBLE lands, Guam, American Samoa, and the Com-
and Treatment Act (42 U.S.C. 5106a(f)) for fis- FATHERHOOD AND STRENGTHENING monwealth of the Northern Mariana Is-
cal year 2020, in the same manner that LOW-INCOME FAMILIES lands.’’; and
amounts appropriated under section 112 of SEC. 3511. REAUTHORIZATION OF HEALTHY MAR- (2) in subparagraph (C)(i), by striking ‘‘and
such Act (42 U.S.C. 5106f)) are allotted to RIAGE PROMOTION AND RESPON- public’’ and inserting ‘‘public or private enti-
SIBLE FATHERHOOD GRANTS. ties,’’.
States in accordance with section 106(f)(2) of
(a) VOLUNTARY PARTICIPATION.—
such Act. (c) TERRITORY AND TRIBAL SET-ASIDE;
(1) ASSURANCE.—Section 403(a)(2)(A)(ii)(II)
(3) CHILDREN, FAMILIES, AND CHILD WELFARE ELIMINATION OF PREFERENCE PROVISION.—
of the Social Security Act (42 U.S.C.
WORKERS’ HEALTH AND SAFETY.—The Sec- Section 403(a)(2)(E) of such Act (42 U.S.C.
603(a)(2)(A)(ii)(II)) is amended—
retary shall allow each State to use amounts 603(a)(2)(E)) is amended to read as follows:
(A) in item (aa), by striking ‘‘and’’ after
appropriated under paragraph (1) and allo- ‘‘(E) FUNDING FOR TERRITORIES AND INDIAN
the semicolon;
cated under paragraph (2) to cover costs that TRIBES AND TRIBAL ORGANIZATIONS.—
(B) in item (bb), by striking the period and
the State determines necessary to support ‘‘(i) IN GENERAL.—Of the amounts made
inserting a semicolon; and
child welfare workers in preventing, inves- available under subparagraph (D) for a fiscal
(C) by adding at the end the following:
tigating, and treating child abuse and ne- ‘‘(cc) if the entity is a State or an Indian year, not less than 10 of the awards made by
glect in response to a qualifying emergency, tribe or tribal organization, to not condition the Secretary of such funds for fiscal year
including for the purchase of personal pro- the receipt of assistance under the program 2021 or any fiscal year thereafter for the pur-
tective equipment and sanitation supplies, funded under this part, under a program pose of carrying out healthy marriage pro-
consistent with section 106 of the Child funded with qualified State expenditures (as motion activities, activities promoting re-
Abuse Prevention and Treatment Act (42 defined in section 409(a)(7)(B)(i)), or under a sponsible fatherhood, or both, (excluding any
U.S.C. 5106a). program funded under part B or E of this award under subparagraph (B)(i) for any fis-
(b) CHILD ABUSE PREVENTION APPROPRIA- title, on enrollment or participation in any cal year), shall be made to a territory or an
TION.— Indian tribe or tribal organization.
such programs; and
(1) IN GENERAL.—There is appropriated to ‘‘(dd) to permit any participant in a pro- ‘‘(ii) CLARIFICATION OF ELIGIBILITY OF TRIB-
the Secretary, out of amounts in the Treas- gram or activity funded under this para- AL CONSORTIUMS.—A tribal consortium of In-
ury not otherwise appropriated, $1,000,000,000 graph, including an individual whose partici- dian tribes or tribal organizations may be
for fiscal year 2020, for the purpose of pro- pation is specified in the individual responsi- awarded funds under this paragraph for the
viding additional funding for the commu- bility plan developed for the individual in ac- purpose of carrying out healthy marriage
nity-based grants for the prevention of child cordance with section 408(b), to transfer to promotion activities, activities promoting
abuse and neglect under title II of the Child another such program or activity upon noti- responsible fatherhood, or both.’’.
Abuse Prevention and Treatment Act (42 fication to the entity and the State agency
U.S.C. 5116 et seq.). (d) ACTIVITIES PROMOTING RESPONSIBLE FA-
responsible for administering the State pro- THERHOOD.—Section 403(a)(2)(C)(ii) of such
(2) ALLOTMENTS.—The Secretary shall gram funded under this part.’’.
make allotments out of the amounts appro- Act (42 U.S.C. 603(a)(2)(C)(ii)) is amended—
(2) PROHIBITION.—Section 408(a) of such Act (1) in subclause (I), by striking ‘‘marriage
priated under paragraph (1) to each State re- (42 U.S.C. 608(a)) is amended by adding at the
ceiving an allotment under section 203 of the or sustain marriage’’ and inserting ‘‘healthy
end the following: relationships and marriages or to sustain
Child Abuse Prevention and Treatment Act ‘‘(13) BAN ON CONDITIONING RECEIPT OF TANF
(42 U.S.C. 5116b) for fiscal year 2020, in the healthy relationships or marriages’’;
OR CERTAIN OTHER BENEFITS ON PARTICIPATION
same manner that amounts appropriated (2) in subclause (II), by inserting ‘‘edu-
IN A HEALTHY MARRIAGE OR RESPONSIBLE FA-
under section 209 of such Act (42 U.S.C. 5116i) cating youth who are not yet parents about
THERHOOD PROGRAM.—A State to which a
are allotted to States in accordance with the economic, social, and family con-
grant is made under section 403 shall not sequences of early parenting, helping partici-
section 203 of such Act, except that, in allot- condition the receipt of assistance under the
ting amounts under this subsection— pants in fatherhood programs work with
State program funded under this part, under
(A) in subsection (a) of such section 203, ‘‘1 their own children to break the cycle of
a program funded with qualified State ex-
percent’’ shall be deemed to be ‘‘5 percent’’; early parenthood,’’ after ‘‘child support pay-
penditures (as defined in section
(B) in subsection (b)(1)(A) of such section ments,’’; and
409(a)(7)(B)(i)), or under a program funded
203, ‘‘70 percent’’ shall be deemed to be ‘‘100 (3) in subclause (III)—
under part B or E of this title, on participa-
percent’’; and (A) by striking ‘‘fathers’’ and inserting
tion in a healthy marriage promotion activ-
(C) subsections (b)(1)(B) and (c) of such sec- ‘‘parents (with priority for low-income non-
ity (as defined in section 403(a)(2)(A)(iii)) or
tion 203 shall not apply. custodial parents)’’; and
in an activity promoting responsible father-
(3) COMMUNITY-BASED PROGRAMS AND AC- (B) by inserting ‘‘employment training for
hood (as defined in section 403(a)(2)(C)(ii)).’’.
TIVITIES HEALTH AND SAFETY.—The Secretary
both parents and for other family members,’’
(3) PENALTY.—Section 409(a) of such Act (42
shall allow each State lead entity to use after ‘‘referrals to local employment train-
U.S.C. 609(a)) is amended by adding at the
amounts appropriated under paragraph (1) ing initiatives,’’.
end the following:
and allocated to the State under paragraph ‘‘(17) PENALTY FOR CONDITIONING RECEIPT OF (e) ENSURING HEALTHY MARRIAGE PRO-
(2) to cover costs that the lead entity deter- TANF OR CERTAIN OTHER BENEFITS ON PARTICI- MOTION AND RESPONSIBLE FATHERHOOD AC-
mines necessary to maintain the operation PATION IN A HEALTHY MARRIAGE OR RESPON- TIVITIES CAN BE OFFERED DURING PUBLIC
of community-based and prevention-focused SIBLE FATHERHOOD PROGRAM.—If the Sec- HEALTH EMERGENCIES.—
programs and activities in the State in re- retary determines that a State has violated (1) IN GENERAL.—Section 403(a)(2)(A)(ii)(I)
sponse to a qualifying emergency, including section 408(a)(13) during a fiscal year, the of such Act (42 U.S.C. 603(a)(2)(A)(ii)(I)) is
dlhill on DSK120RN23PROD with SENATE
for the purchase of personal protective Secretary shall reduce the grant payable to amended—
equipment and sanitation supplies, con- the State under section 403(a)(1) for the im- (A) in each of items (aa) and (bb), by strik-
sistent with title II of Child Abuse Preven- mediately succeeding fiscal year by an ing ‘‘and’’ after the semicolon; and
tion and Treatment Act (42 U.S.C. 5116 et amount equal to 5 percent of the State fam- (B) by adding at the end the following:
seq.). ily assistance grant.’’. ‘‘(cc) how, and the extent to which, funds
(4) NO STATE MATCHING REQUIREMENT.—Not- (b) ALIGNMENT OF ENTITIES ELIGIBLE FOR awarded will be used by the entity for tech-
withstanding section 204(4) of the Child GRANTS AND TECHNICAL ASSISTANCE.—Sec- nology and access to broadband in order to
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7733
carry out healthy marriage promotion ac- comes for eligible families. The Secretary ‘‘(VII) Reduction in crime or domestic vio-
tivities, activities promoting responsible fa- may provide the technical assistance di- lence.
therhood, or both, remotely during a public rectly or through grants, contracts, or coop- ‘‘(VIII) Prevention of child injuries, child
health emergency; and erative agreements. abuse, neglect, or maltreatment, and reduc-
‘‘(dd) how the entity will sustain con- ‘‘(III) ADVISORY PANEL.—The Secretary tion of emergency department visits.
tinuity of critical services, specifying the shall establish an advisory panel for pur- ‘‘(IX) Coordination and referrals for other
scope of the critical services to be main- poses of obtaining recommendations regard- community resources and supports.’’.
tained, and the ability of the entity to be ing the technical assistance provided to enti- (g) AUTHORITY FOR SUBSTITUTION GRANT-
able to resume providing such services with- ties in accordance with subclause (II). EES.—Section 403(a)(2)(A) of such Act (42
in 3 weeks of the beginning of a public health ‘‘(IV) FINAL REPORT.—Not later than De- U.S.C. 603(a)(2)(A)), as amended by sub-
emergency or other incident that com- cember 31 of the first calendar year that be- sections (b)(1), (e)(2), and (f)(2), is further
promises the ability of the entity to deliver gins after October 1 of the 5th consecutive amended—
such services in-person, by telephone, or vir- fiscal year for which an eligible entity con- (1) in clause (ii), in the matter preceding
tually; and’’. ducts programs or activities with funds made
(2) PUBLIC HEALTH EMERGENCY DEFINED.— subclause (I), by striking ‘‘The Secretary’’
available under this paragraph, and every and inserting ‘‘Except as provided in clause
Section 403(a)(2)(A) of such Act (42 U.S.C. 5th such fiscal year thereafter (beginning
603(a)(2)(A)) is further amended— (viii), the Secretary’’; and
with funds awarded for fiscal year 2021), the (2) by adding at the end the following:
(A) by redesignating clauses (iv) and (v) (as eligible entity shall submit a report to the
added by subsection (b)(1)) as clauses (v) and ‘‘(viii) AUTHORITY FOR SUBSTITUTE ENTI-
Secretary demonstrating the extent to which TIES.—If, after being awarded funds under
(vi), respectively; and
the programs and activities carried out with this paragraph for a fiscal year for the pur-
(B) by inserting after clause (iii) the fol-
such funds made quantifiable, measurable pose of carrying out healthy marriage pro-
lowing:
improvements in the areas identified in the motion activities, activities promoting re-
‘‘(iv) PUBLIC HEALTH EMERGENCY DEFINED.—
entity’s application for funding for such 5 sponsible fatherhood, or both, an entity be-
In clause (ii), the term ‘public health emer-
fiscal years. comes unable to continue to carry out such
gency’ means—
‘‘(V) REPORT TO CONGRESS.—Not later than activities for the duration of the award pe-
‘‘(I) a national or public health emergency
declared by the President or the Secretary, March 31, 2026, and annually thereafter, the riod, the Secretary may select another enti-
including— Secretary shall submit a report to the Com- ty to carry out such activities with the funds
‘‘(aa) a major disaster relating to public mittee on Ways and Means of the House of from the initial award that remain available
health declared by the President under sec- Representatives and the Committee on Fi- for obligation, for the remainder of the ini-
tion 401 of the Robert T. Stafford Disaster nance of the Senate on the programs and ac- tial award period. The Secretary shall make
Relief and Emergency Assistance Act (42 tivities carried out with funds made avail- any such selection from among applications
U.S.C. 5170); able under this paragraph based on the most submitted by other entities for funding to
‘‘(bb) an emergency relating to public recent final reports submitted under sub- carry out the same activities as the activi-
health declared by the President under sec- clause (IV). Each report submitted under ties for which the initial award was made,
tion 501 of the Robert T. Stafford Disaster this subclause shall identify the programs and may base the criteria for making such a
Relief and Emergency Assistance Act (42 and activities carried out with funds made selection on the objectives specified in the
U.S.C. 5191); or available under this paragraph which made announcement of the opportunity to apply
‘‘(cc) a public health emergency declared quantifiable, measurable improvements and for the initial award funds.’’.
by the Secretary under section 319 of the in which outcome areas.’’; and
(h) REAUTHORIZATION.—Section 403(a)(2)(D)
Public Health Service Act (42 U.S.C. 247d); or (2) by adding at the end the following new
of such Act (42 U.S.C. 603(a)(2)(D)) is amend-
‘‘(II) an emergency relating to public subparagraph:
ed to read as follows:
health that has been declared by a Governor ‘‘(F) EVALUATION REQUIREMENTS.—
‘‘(D) APPROPRIATION.—
or other appropriate official of any State, ‘‘(i) IN GENERAL.—For purposes of subpara-
‘‘(i) IN GENERAL.—Subject to clauses (ii)
the District of Columbia, or commonwealth, graph (A)(ii)(III), an evaluation satisfies the
and (iii), out of any money in the Treasury
territory, or locality of the United States.’’. requirements of this subparagraph if—
of the United States not otherwise appro-
(f) MEASURING OUTCOMES FOR ELIGIBLE ‘‘(I) the evaluation is designed to—
priated, there are appropriated for each of
FAMILIES.—Section 403(a)(2) of such Act (42 ‘‘(aa) build evidence of the effectiveness of
fiscal years 2021 through and 2025 for expend-
U.S.C. 603(a)(2)), as amended by the pre- the activities carried out using each grant
iture in accordance with this paragraph—
ceding subsections of this section, is further made under this paragraph;
‘‘(I) $75,000,000 for awarding funds for the
amended— ‘‘(bb) determine the lessons learned (in-
purpose of carrying out healthy marriage
(1) in subparagraph (A)— cluding barriers to success) from such activi-
promotion activities; and
(A) in clause (ii)— ties; and
‘‘(II) $75,000,000 for awarding funds for the
(i) in subclause (I)(dd), by striking ‘‘and’’ ‘‘(cc) to the extent practicable, help build
purpose of carrying out activities promoting
after the semicolon; local evaluation capacity, including the ca-
responsible fatherhood.
(ii) in subclause (II)— pacity to use evaluation data to inform con-
‘‘(ii) DEMONSTRATION PROJECTS FOR COORDI-
(I) in item (cc), by striking ‘‘and’’ after the tinuous program improvement; and
NATION OF PROVISION OF CHILD WELFARE AND
semicolon; ‘‘(II) the evaluation includes research de-
TANF SERVICES TO TRIBAL FAMILIES AT RISK OF
(II) in item (dd), by striking the period at signs that encourage innovation and reflect
CHILD ABUSE OR NEGLECT.—If the Secretary
the end and inserting ‘‘; and’’; and the nature of the activities undertaken, suc-
makes an award under subparagraph (B)(i)
(III) by adding at the end the following: cessful implementation efforts, and the
for any fiscal year, the funds for such award
‘‘(ee) to submit the report required under needs of the communities, without
shall be taken in equal portion from the
clause (vi); and’’; and prioritizing efficacy research over effective-
amounts appropriated under subclauses (I)
(iii) by adding at the end the following: ness research.
and (II) of clause (i).
‘‘(III) provides, subject to the approval of ‘‘(ii) RANDOMIZED CONTROLLED TRIALS.—An
‘‘(iii) RESEARCH; TECHNICAL ASSISTANCE.—
the Secretary, for evaluations of the activi- evaluation conducted in accordance with
The Secretary may use 0.5 percent of the
ties carried out using each grant made under subparagraph (A)(ii)(III) and this subpara-
amounts appropriated under each of sub-
this paragraph that satisfy the requirements graph may, but shall not be required to, in-
clauses (I) and (II) of clause (i), respectively,
of subparagraph (F).’’; and clude a randomized controlled trial.
for the purpose of conducting and supporting
(B) by adding at the end the following: ‘‘(iii) OUTCOMES.—Outcomes of interest for
research and demonstration projects by pub-
‘‘(vii) REQUIREMENTS RELATING TO OUT- an evaluation conducted in accordance with
lic or private entities, and providing tech-
COMES FOR MEASURING IMPROVEMENTS.— subparagraph (A)(ii)(III) and this subpara-
nical assistance to States, Indian tribes and
‘‘(I) REPORT ON IMPROVEMENTS AFTER 3 graph shall include, but are not limited to,
tribal organizations, and such other entities
YEARS.—Not later than 30 days after the end the following:
as the Secretary may specify that are receiv-
of the 3rd year in which an eligible entity ‘‘(I) Relationship quality between custo-
ing a grant under another provision of this
conducts programs or activities with funds dial and non-custodial parents.
part.’’.
made available under this paragraph, the en- ‘‘(II) Family economic wellbeing, including
tity shall submit a report to the Secretary receipt of public benefits and access to em- CHAPTER 2—IMPROVING RESOURCES
demonstrating the extent to which the pro- ployment services and education. FOR DOMESTIC VIOLENCE AND FAMILY
grams and activities carried out with such ‘‘(III) Payment of child support by non-cus- STRENGTHENING
funds made quantifiable, measurable im- todial parents, non-financial contributions,
dlhill on DSK120RN23PROD with SENATE
provements in the areas identified in the en- and involvement in child-related activities. SEC. 3521. BEST PRACTICES FOR COORDINATION
tity’s application in accordance with clause ‘‘(IV) Parenting skills or parenting qual- OF POLICY TO ADDRESS DOMESTIC
VIOLENCE AND FAMILY ENGAGE-
(ii)(III). ity.
MENT.
‘‘(II) TECHNICAL ASSISTANCE.—The Sec- ‘‘(V) Health and mental health outcomes of
retary shall provide technical assistance to parents. The Secretary shall develop a coordinated
help the eligible entity develop and imple- ‘‘(VI) Quality and frequency of contact be- policy to address domestic violence and fam-
ment ways to evaluate and improve out- tween children and non-custodial parents. ily strengthening that—
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S7734 CONGRESSIONAL RECORD — SENATE December 18, 2020
(1) establishes criteria and best practices each of fiscal years 2022 through 2025, lence, sexual violence, stalking, or psycho-
for coordination and partnership between do- $25,000,000 to carry out this paragraph.’’. logical aggression, by a current or former in-
mestic violence shelter and service organiza- SEC. 3523. PROCEDURES TO ADDRESS DOMESTIC timate partner.’’.
tions and responsible fatherhood and healthy VIOLENCE.
(b) CONFORMING AMENDMENTS.—Section
marriage promotion programs; (a) IN GENERAL.—Section 403(a)(2) of the 403(a)(2) of such Act (42 U.S.C. 603(a)(2)), is
(2) not later than 120 days after the date of Social Security Act (42 U.S.C. 603(a)(2)), as further amended—
enactment of this Act, issue guidance con- amended by subsections (c) and (h) of section (1) in subparagraph (A)(i)—
taining such criteria and best practices; and 3511, is amended— (A) by striking ‘‘and (E)’’ and inserting
(3) update and reissue such criteria and (1) by redesignating subparagraphs (D) and
‘‘(D), and (G)’’; and
best practices at least once every 5 years. (E) as subparagraphs (F) and (G), respec-
(B) by striking ‘‘(D)’’ and inserting ‘‘(F)’’;
tively; and
SEC. 3522. GRANTS SUPPORTING HEALTHY FAM- and
(2) by inserting after subparagraph (C) the
ILY PARTNERSHIPS FOR DOMESTIC (2) in subparagraphs (B)(i) and (C)(i), by
VIOLENCE INTERVENTION AND PRE- following:
striking ‘‘(D)’’ each place it appears and in-
VENTION. ‘‘(D) REQUIREMENTS FOR RECEIPT OF
serting ‘‘(F)’’.
FUNDS.—An entity may not be awarded a
Section 403(a) of the Social Security Act (c) EFFECTIVE DATE.—The amendments
grant under this paragraph unless the entity,
(42 U.S.C. 603(a)) is amended by adding at the made by this section shall take effect on Oc-
as a condition of receiving funds under such
end the following new paragraph: tober 1, 2021.
a grant—
‘‘(6) GRANTS SUPPORTING HEALTHY FAMILY ‘‘(i) agrees to coordinate with the State do-
PARTNERSHIPS FOR DOMESTIC VIOLENCE INTER- CHAPTER 3—MODERNIZATION OF CHILD
mestic violence coalition (as defined in sec- SUPPORT ENFORCEMENT
VENTION AND PREVENTION.—
tion 302(11) of the Family Violence Preven-
‘‘(A) IN GENERAL.—The Secretary shall tion and Services Act (42 U.S.C. 10402(11)); SEC. 3531. PILOT PROGRAM TO STAY AUTOMATIC
award grants on a competitive basis to ‘‘(ii) identifies in its application for the CHILD SUPPORT ENFORCEMENT
healthy family partnerships to build capac- grant the domestic violence shelter and serv- AGAINST NON-CUSTODIAL PARENTS
ity for, and facilitate such partnerships. PARTICIPATING IN A HEALTHY MAR-
ice organization at the local, State, or na- RIAGE OR RESPONSIBLE FATHER-
‘‘(B) USE OF FUNDS.—Funds made available tional level with whom the entity will part-
under a grant awarded under this paragraph HOOD PROGRAM.
ner with respect to the development and im-
may be used for staff training, the provision plementation of the programs and activities (a) ESTABLISHMENT.—
of domestic violence intervention and pre- of the entity; (1) IN GENERAL.—The Secretary shall estab-
vention services, and the dissemination of ‘‘(iii) describes in such application how the lish a pilot program to test whether the im-
best practices for— programs or activities proposed in the appli- pact of staying automatic child support en-
‘‘(i) assessing and providing services to in- cation will address, as appropriate, issues of forcement and cost recovery efforts improves
dividuals and families affected by domestic domestic violence, and contains a commit- family outcomes in cases under the State
violence, including through caseworker ment by the entity to consult with experts in program funded under part A of title IV of
training, the provision of technical assist- domestic violence or relevant domestic vio- the Social Security Act (42 U.S.C. 601 et seq.)
ance to other community partners, the im- lence shelter and service organizations in the while a non-custodial parent participates in
plementation of safe visitation and exchange community in developing the programs and a healthy marriage or responsible fatherhood
programs, and the implementation of safe activities; program carried out under section 403(a)(2) of
child support procedures; or ‘‘(iv) describes in such application the the Social Security Act (42 U.S.C. 603(a)(2)),
‘‘(ii) preventing domestic violence, particu- roles and responsibilities of the entity and under a program funded with qualified State
larly as a barrier to economic security, and the domestic violence shelter and service or- expenditures (as defined in section
fostering healthy relationships. ganization, including with respect to train- 409(a)(7)(B)(i) of such Act (42 U.S.C.
‘‘(C) APPLICATION.—The respective entity ing, cross-trainings for each entity, develop- 609(a)(7)(B)(i))), or under any other program
and organization of a healthy family part- ment of protocols using comprehensive and funded with non-Federal funds. While a
nership entered into for purposes of receiving evidence-based practices and tools, and re- child’s non-custodial parent is participating
a grant under this paragraph shall submit a porting, and the resources that each partner in a healthy marriage or responsible father-
joint application to the Secretary, at such will be responsible for bringing to the pro- hood program that is part of the pilot pro-
time and in such manner as the Secretary gram; gram established under this section, an eligi-
shall specify, containing— ‘‘(v) on award of the grant, and in consulta- ble entity participating in the pilot pro-
‘‘(i) a description of how the partnership tion with the domestic violence shelter and gram—
intends to carry out the activities described service organization, develops and submits (A) shall not apply paragraph (3) of section
in subparagraph (B), including a detailed to the Secretary for approval, a written pro- 408(a) of the Social Security Act (42 U.S.C.
plan for how the entity and organization tocol using comprehensive and evidence- 608(a)) to a family of a child receiving assist-
comprising the partnership will collaborate; based practices and tools which describes— ance under the State program funded under
‘‘(ii) an assurance that funds made avail- ‘‘(I) how the entity will identify instances part A of title IV of such Act (42 U.S.C. 601
able under the grant shall be used to supple- or risks of domestic violence among partici- et seq.);
ment, and not supplant, other funds used by pants in the program and their families; (B) shall not refer the child’s case to the
the entity or organization to carry out pro- ‘‘(II) the procedures for responding to such State program funded under part D of title
grams, activities, or services described in instances or risks, including making service IV of the Social Security Act (42 U.S.C. 651
subparagraph (B); and referrals, assisting with safety planning, and et seq.) or apply a penalty against the child’s
‘‘(iii) such other information as the Sec- providing protections and other appropriate family based on the custodial parent’s non-
retary may require. assistance for identified individuals and fam- cooperation with child support activities
‘‘(D) GENERAL RULES GOVERNING USE OF ilies; with respect to the child under paragraph (2)
FUNDS.—Neither the rules of section 404 ‘‘(III) how confidentiality issues will be ad- of section 408(a) of such Act (42 U.S.C. 608(a)),
(other than subsection (b) of that section), dressed; and but shall provide an exception to the custo-
nor section 417 shall apply to a grant made ‘‘(IV) the training on domestic violence dial parent pursuant to section 454(29)(A) of
under this paragraph. that will be provided to ensure effective and such Act (42 U.S.C. 654(29)(A));
‘‘(E) DEFINITIONS.—In this paragraph: consistent implementation of the protocol; (C) shall not be subject to penalties under
‘‘(i) DOMESTIC VIOLENCE.—The term ‘domes- ‘‘(vi) describes the entity’s plan to build section 409(a)(5) of such Act (42 U.S.C.
tic violence’ means violence between inti- the capacity of program staff and other part- 609(a)(5));
mate partners, which involves any form of ners to address and communicate with par- (D) notwithstanding subparagraph (B), any
physical violence, sexual violence, stalking, ents about domestic violence; such individual shall retain the right to
or psychological aggression, by a current or ‘‘(vii) provides an assurance that the pro- apply for child support services under sec-
former intimate partner. gram staff will include a domestic violence tion 454(4)(A)(ii) of the Social Security Act
‘‘(ii) HEALTHY FAMILY PARTNERSHIP.—The coordinator to serve as the lead staff person (42 U.S.C. 654(4)(A)(ii)) with respect to a child
term ‘healthy family partnership’ means a on domestic violence for the entity (which of the individual;
partnership between— may be funded with funds made available (E) if the child has an open child support
‘‘(I) an entity receiving funds under— under the grant); and case with the State agency responsible for
‘‘(aa) a grant made under paragraph (2) to ‘‘(viii) in an annual report to the Sec- administering the State plan under part D of
promote healthy marriage or responsible fa- retary, includes a description of the domes- title IV of the Social Security Act (42 U.S.C.
therhood; or tic violence protocols, and a description of 651 et seq.), such State agency, shall suspend
dlhill on DSK120RN23PROD with SENATE
‘‘(bb) the pilot program established under any implementation issues identified with any activity to establish or enforce a support
section 469C; and respect to domestic violence and how the order with respect to the child (other than to
‘‘(II) a domestic violence shelter and serv- issues were addressed. establish the paternity of the child), and
ice organization. ‘‘(E) DOMESTIC VIOLENCE DEFINED.—In this monthly child support obligations shall be
‘‘(F) APPROPRIATION.—Out of any money in paragraph, the term ‘domestic violence’ suspended and shall not accrue, but only if
the Treasury of the United States not other- means violence between intimate partners, both parents of the child agree in writing to
wise appropriated, there are appropriated for which involves any form of physical vio- the suspension; and
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7735
(F) if child support activities are sus- 409(a)(7)(B)(i)) of such Act (42 U.S.C. ‘‘(b) APPLICATION, SELECTION OF ELIGIBLE
pended in a case by agreement of both par- 609(a)(7)(B)(i))), or under any other program ENTITIES, AND DURATION.—
ents in accordance with subparagraph (E)), funded with non-Federal funds. ‘‘(1) APPLICATION.—
may exclude the case in determining applica- (B) The types of activities and services des- ‘‘(A) IN GENERAL.—To participate in the
ble percentages based on State performance ignated programs provide, including the ex- pilot program, an eligible entity shall sub-
levels under section 458 of the Social Secu- tent to which any such activities and serv- mit an application to the Secretary at such
rity Act (42 U.S.C. 658a), and the Secretary ices are intended for domestic violence vic- time and in such manner as the Secretary
shall disregard the case in determining tims and survivors. may require.
whether the State data submitted to the (C) An assessment of how the designated ‘‘(B) REQUIRED INFORMATION.—An applica-
Secretary are complete and reliable for pur- programs compare to other entities receiv- tion to participate in the pilot program shall
poses of that section and section 452 of such ing a grant under section 403(a)(2) of such include the following:
Act (42 U.S.C. 652). Act (42 U.S.C. 603(a)(2)), under a program ‘‘(i) The identity of the courts or judicial
(2) ELIGIBLE ENTITY.—In this section, the funded with qualified State expenditures (as or administrative agencies with which the
term ‘‘eligible entity’’ means— defined in section 409(a)(7)(B)(i)) of such Act eligible entity will coordinate activities car-
(A) a State; (42 U.S.C. 609(a)(7)(B)(i))), or under any other ried out under the pilot program.
(B) a unit of local government; or program funded with non-Federal funds, with ‘‘(ii) The identity of the local, State, or na-
(C) an Indian tribe or tribal organization respect to the information described in sub- tional level domestic violence shelter and
(as defined in subsections (e) and (l) of sec- paragraphs (A) and (B). service organization with which the eligible
tion 4 of the Indian Self-Determination and (D) Recommendations for such administra- entity will partner with to develop and im-
Education Assistance Act (25 U.S.C. 5304)) tive or legislative action as the Comptroller plement the procedures to address domestic
that receives direct payments from the Sec- General determines appropriate. violence required under subsection (d).
retary under section 455(f) of the Social Se- SEC. 3532. CLOSURE OF CERTAIN CHILD SUP- ‘‘(iii) A description of the role and respon-
curity Act (42 U.S.C. 655(f)) or has entered PORT ENFORCEMENT CASES. sibilities of each of such partner with respect
into a cooperative agreement with a State Section 454(4)(A) of the Social Security Act to developing and implementing the proce-
under section 454(33) of such Act (42 U.S.C. (42 U.S.C. 654(4)(A)) is amended— dures required under subsection (d), and of
654(33)). (1) by striking clause (i) and inserting the the resources that each partner will con-
(3) APPLICATION, SELECTION OF ELIGIBLE EN- following: tribute to developing and implementing such
TITIES.— ‘‘(i) a child living apart from 1 or both par- procedures.
(A) APPLICATION.— ents for whom (I) assistance is provided ‘‘(iv) Such other information as the Sec-
(i) IN GENERAL.—To participate in the pilot under the State program funded under part retary shall require.
program, an eligible entity shall submit an A of this title, (II) benefits or services for
‘‘(2) SELECTION OF ELIGIBLE ENTITIES.—Not
application to the Secretary at such time foster care maintenance are provided under
later than September 30, 2021, the Secretary
and in such manner as the Secretary may re- the State program funded under part E of
shall select at least 12 eligible entities to
quire. this title, (III) medical assistance is provided
participate in the pilot program, at least 2 of
(ii) REQUIRED INFORMATION.—An applica- under the State plan approved under title
which shall be tribal agencies described in
tion to participate in the pilot program shall XIX, or (IV) cooperation is required pursuant
subsection (b).
include— to section 6(l)(1) of the Food and Nutrition
‘‘(3) DURATION OF PILOT PROGRAM.—The
(I) an outline of the healthy marriage or Act of 2008 (7 U.S.C. 2015(l)(1)) unless, in ac-
Secretary shall conduct the pilot program
responsible fatherhood programs that the el- cordance with paragraph (29), good cause or
during the 5-year period that begins with fis-
igible entity will partner with for the pur- other exceptions exist, or in the event that
cal year 2022 and ends with fiscal year 2026.
poses of participating in the pilot program, the State agency becomes aware after open-
including a description of each the eligibility ing a child support case upon referral from ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible
and participation criteria for each such pro- another program that both parents of the entity participating in the pilot program
gram; child comprise an intact 2-parent household shall carry out the following activities:
(II) the goals, strategies, and desired out- (even if a parent is temporarily living else- ‘‘(1) Establishing parent time plans in con-
comes of the eligible entity’s proposed par- where), and neither parent has applied for junction with the establishment of a child
ticipation in the pilot program; and child support services under clause (ii), in support order.
(III) such other information as the Sec- which case the State agency shall notify the ‘‘(2) Coordinating with the custodial and
retary shall require. referring program and each parent that the non-custodial parent when establishing a
(B) SELECTION OF ELIGIBLE ENTITIES.—Not case will be closed within 60 days of the date parent time plan.
later than September 30, 2021, the Secretary of such notice unless either parent contacts ‘‘(3) Supervising and facilitating parents’
shall select at least 10 eligible entities to the State agency and requests that the case visitation and access to their children, in-
participate in the pilot program. remain open; and’’; and cluding virtual visitation in situations where
(4) DURATION OF PILOT PROGRAM.—The Sec- (2) in clause (ii), by inserting ‘‘living apart in-person visitation is not practicable.
retary shall conduct the pilot program dur- from 1 or both parents’’ after ‘‘any other ‘‘(4) Providing parents with legal informa-
ing the 4-year period that begins with fiscal child’’. tion and referrals related to parenting time.
year 2022 and ends with fiscal year 2025. CHAPTER 4—PARENTING TIME SERVICES ‘‘(5) Coordinating with domestic violence
(5) DATA COLLECTION AND REPORTING.— PILOT PROGRAM shelter and service organizations.
Throughout the pilot period, an eligible enti- SEC. 3541. PARENTING TIME SERVICES PILOT
‘‘(6) Employing a staff member to serve as
ty participating in the pilot program shall PROGRAM. a domestic violence coordinator.
collect and report to the Secretary such data Part D of title IV of the Social Security ‘‘(7) Such other activities related to pro-
related to the entity’s participation in the Act (42 U.S.C. 651 et seq.) is amended by add- moting the inclusion of uncontested par-
pilot program as the Secretary shall require. ing at the end the following: enting time agreements in child support or-
(b) GAO REPORT.— ‘‘SEC. 469C. PARENTING TIME SERVICES PILOT ders as the Secretary may approve.
(1) STUDY.—The Comptroller General of the PROGRAM. ‘‘(d) PROGRAM REQUIREMENTS.—As a condi-
United States shall study the implementa- ‘‘(a) ESTABLISHMENT.— tion of receiving payments under the pilot
tion and impact of the pilot program estab- ‘‘(1) IN GENERAL.—Not later than June 30, program, an eligible entity shall meet the
lished under subsection (a). 2021, the Secretary shall establish a pilot following requirements:
(2) REPORT.—Not later than January 1, program (referred to in this section as the ‘‘(1) PROCEDURES TO ADDRESS DOMESTIC VIO-
2026, the Comptroller General shall submit a ‘pilot program’) to provide payments to LENCE.—Not later than 3 months after the el-
report to Congress on the results of the State, local, and tribal agencies responsible igible entity is selected to participate in the
study required under paragraph (1) that in- for administering the program under this pilot program, the eligible entity, in con-
cludes information on the following: part (referred to in this section as ‘eligible sultation with the State domestic violence
(A) How State agencies responsible for ad- entities’) for carrying out the activities de- coalition (as defined in section 302(11) of the
ministering the State program funded under scribed in subsection (d) for the purpose of Family Violence Prevention and Services
part A of title IV of the Social Security Act promoting the inclusion of uncontested par- Act (42 U.S.C. 10402(11)) and the domestic vio-
(42 U.S.C. 601 et seq.) and the State agency enting time agreements in child support or- lence shelter and service organization with
responsible for administering the State plan ders. Expenditures for activities carried out which the entity is partnering, shall do the
under part D of title IV of such Act (42 U.S.C. by a State, local, or tribal agency partici- following:
651 et seq.) designate healthy marriage or re- pating in the pilot program shall be treated ‘‘(A) Develop, and submit to the Secretary
sponsible fatherhood programs as eligible as expenditures authorized under the State for approval, written protocols for use by the
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programs for purposes of the pilot program or tribal plan approved under this part, with- eligible entity in carrying out activities
and what types of organizations have pro- out regard to whether such expenditures under the pilot program that are based on
grams so designated, including whether such would otherwise be a permissible use of funds comprehensive and evidence-based practices
programs are funded under a grant made under such plan. and tools for—
under section 403(a)(2) of such Act (42 U.S.C. ‘‘(2) NO BUDGET NEUTRALITY REQUIRED.—No ‘‘(i) identifying instances of domestic vio-
603(a)(2)), under a program funded with quali- budget neutrality requirement shall apply to lence and situations where there is a risk of
fied State expenditures (as defined in section the pilot program. domestic violence;
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S7736 CONGRESSIONAL RECORD — SENATE December 18, 2020
‘‘(ii) responding to any instances of domes- tion of the pilot program that satisfies the gression, by a current or former intimate
tic violence and situations where there is a requirements of this subsection. partner.’’.
risk of domestic violence that are so identi- ‘‘(2) DEADLINE.—Not later than 1 year after CHAPTER 5—IMPROVEMENTS TO THE
fied, including by making referrals to domes- the pilot program ends, the Secretary shall CHILD SUPPORT PASS-THROUGH RE-
tic violence intervention and prevention submit to Congress a report containing the QUIREMENTS
services, assisting with safety planning, and results of such comprehensive evaluation. SEC. 3551. CHILD SUPPORT PASS-THROUGH PRO-
providing protections and other appropriate ‘‘(3) EVALUATION REQUIREMENTS.— GRAM IMPROVEMENTS.
assistance to individuals and families who ‘‘(A) IN GENERAL.—A comprehensive eval- (a) PASS-THROUGH OF ALL CURRENT SUP-
are victims or potential victims of domestic uation satisfies the requirements of this sub- PORT AMOUNTS AND ARREARAGES COLLECTED
violence; section if— FOR CURRENT AND FORMER TANF FAMILIES.—
‘‘(iii) addressing confidentiality issues re- ‘‘(i) the evaluation is designed to identify Section 457 of the Social Security Act (42
lated to identifying and responding to in- successful activities for creating opportuni- U.S.C. 657) is amended—
stances of domestic violence and situations ties for developing and sustaining parenting (1) in subsection (a), in the matter pre-
where there is a risk of domestic violence; time to— ceding paragraph (1), by striking ‘‘and (e)’’
and ‘‘(I) build evidence of the effectiveness of and inserting ‘‘, (e), (f), and (g)’’; and
‘‘(iv) providing domestic violence aware- such activities; (2) by adding at the end the following:
ness and intervention and prevention train- ‘‘(II) determine the lessons learned (includ- ‘‘(f) DISTRIBUTION OF CURRENT SUPPORT
ing to ensure the effective and consistent im- ing barriers to success) from such activities; AMOUNT AND ARREARAGES COLLECTED FOR
plementation of the protocols developed and TANF FAMILIES.—
under this subparagraph. ‘‘(III) to the extent practicable, help build ‘‘(1) TANF FAMILIES.—Subject to sub-
‘‘(B) Build the capacity of the staff of the local evaluation capacity, including the ca- sections (d), (e), and (g), beginning October 1,
eligible entity and the domestic violence pacity to use evaluation data to inform con-
shelter and service organization partner of 2023—
tinuous program improvement; and ‘‘(A) paragraph (1) of subsection (a) shall
the entity to communicate with parents ‘‘(ii) the evaluation includes research de-
about domestic violence. no longer apply to the distribution of
signs that encourage innovation and reflect amounts collected on behalf of a TANF fam-
‘‘(C) Appoint a staff member of the eligible the nature of the activities undertaken, suc-
entity or the domestic violence shelter and ily as support by a State pursuant to a plan
cessful implementation efforts, and the approved under this part;
service organizations to serve as the domes- needs of the communities, without
tic violence coordinator for purposes of the ‘‘(B) the State shall pay to a TANF family
prioritizing efficacy research over effective- all of the current support amount collected
activities carried out under the pilot pro- ness research.
gram. by the State on behalf of the family and all
‘‘(B) RANDOMIZED CONTROLLED TRIALS.—A of any excess amount collected on behalf of
‘‘(D) Submit a final report to the Secretary comprehensive evaluation conducted in ac-
describing— the family to the extent necessary to satisfy
cordance with this subsection may, but shall support arrearages; and
‘‘(i) the protocols established by the eligi- not be required to, include a randomized con-
ble entity to address domestic violence; and ‘‘(C) for purposes of determining eligibility
trolled trial. for, and the amount and type of, assistance
‘‘(ii) any issues that the eligible entity en- ‘‘(4) REPORT REQUIREMENTS.—The report on
countered in implementing such protocols from the State under the State program
the comprehensive evaluation conducted in funded under part A, the State shall dis-
and if so, how the eligible entity addressed
accordance with this subsection shall include regard the current support amount paid to a
such issues.
the following: TANF family and shall disregard the current
‘‘(2) DATA COLLECTION AND REPORTING.—
‘‘(A) An assessment of the process used to support amount paid to any family that is an
Throughout the pilot period, an eligible enti-
assist parents in developing and establishing applicant for assistance under the State pro-
ty participating in the pilot program shall
parenting time agreements and the number gram funded under part A.
collect and report to the Secretary such data
of parenting time agreements established ‘‘(2) FORMER TANF FAMILIES.—
related to the entity’s participation in the
during the pilot program. ‘‘(A) IN GENERAL.—Subject to subsections
pilot program as the Secretary shall require.
‘‘(e) PAYMENTS TO ELIGIBLE ENTITIES.— ‘‘(B) An assessment of the impact of the (e) and (g), beginning October 1, 2025—
‘‘(1) IN GENERAL.—For each quarter during pilot program on child support payment out- ‘‘(i) subsection (a)(2) shall no longer apply
the pilot period described in subsection comes, including payment behaviors such as to the distribution of amounts collected on
(b)(3), the Secretary shall pay to each eligi- the amount of monthly payments, the fre- behalf of a former TANF family as support
ble entity participating in the pilot program quency of monthly payments, and the fre- by a State pursuant to a plan approved under
an amount equal to the applicable percent- quency and type of non-financial assistance. this part or to support obligations assigned
age specified in paragraph (2) of the amounts ‘‘(C) An assessment of the access barriers by the family; and
expended by the entity during the quarter to to establishing and complying with par- ‘‘(ii) the State shall pay to a former TANF
carry out the pilot program. Such payments enting time agreements, and the effective- family all of the current support amount col-
shall be made in addition to, and as part of, ness of methods used by the pilot projects to lected by the State on behalf of the family
the quarterly payment made to the eligible address barriers. and all of any excess amount collected on be-
entity under section 455(a)(1). Amounts ex- ‘‘(D) An assessment of the impact of the half of the family to the extent necessary to
pended by an eligible entity participating in pilot program on co-parenting quality. satisfy support arrearages (and the State
the pilot program shall be treated as ‘‘(E) An assessment of the impact of the shall treat amounts collected pursuant to an
amounts expended for a purpose for which a pilot program on relationships between cus- assignment by the family as if the amounts
quarterly payment is available under section todial and non-custodial parents. had never been assigned and shall distribute
455(a)(1)(A), without regard to whether pay- ‘‘(F) An assessment of the impact of the the amounts to the family in accordance
ment would otherwise be available under pilot program on relationships between non- with subsection (a)(4)).
such section in the absence of the pilot pro- custodial parents and their children. ‘‘(B) STATE OPTION FOR EARLIER IMPLEMEN-
gram (and subject to the application of the ‘‘(G) Data on the incidence and prevalence TATION.—A State may elect to apply sub-
applicable percentage for such quarter under of domestic violence between custodial and paragraph (A) to the distribution of amounts
paragraph (2) in lieu of the percentage that non-custodial parents during the course of collected on behalf of a former TANF family
would otherwise apply under such section (if the pilot program. as support by a State pursuant to a plan ap-
any)). ‘‘(H) A detailed description of the proce- proved under this part beginning on the first
‘‘(2) APPLICABLE PERCENTAGE.—The appli- dures used to address incidents of domestic day of any quarter of fiscal year 2024 or 2025.
cable percentage specified in this paragraph violence between custodial and non-custodial ‘‘(3) DEFINITIONS.—In this subsection:
is— parents during the course of the pilot pro- ‘‘(A) TANF FAMILY.—The term ‘TANF fam-
‘‘(A) in the case of payments made for the gram. ily’ means a family receiving assistance
first 8 quarters of the pilot period, 100 per- ‘‘(I) An assessment of the impact of the from the State under the State program
cent; and pilot program on increasing custodial and funded under part A.
‘‘(B) in the case of payments made for each non-custodial parents’ knowledge about do- ‘‘(B) FORMER TANF FAMILY.—The term
subsequent quarter of the pilot period, 66 mestic violence. ‘former TANF family’ means a family that
percent (80 percent in the case of an eligible ‘‘(5) APPROPRIATION.—Out of any money in formerly received assistance from the State
entity that is a tribal agency). the Treasury not otherwise appropriated, under the State program funded under part
‘‘(3) SUNSET FOR PAYMENTS.—In no case there is appropriated to the Secretary to A.
may payments be provided by the Secretary carry out this subsection $1,000,000 for each ‘‘(C) EXCESS AMOUNT.—The term ‘excess
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for amounts expended by an eligible entity of fiscal years 2022 through 2026, to remain amount’ means, with respect to amounts col-
to carry out the pilot program for any quar- available until expended. lected by a State as support on behalf of a
ter of a fiscal year after fiscal year 2026. ‘‘(g) DOMESTIC VIOLENCE DEFINED.—In this family, the amount by which such amount
‘‘(f) EVALUATION OF PILOT PROGRAM.— section, the term ‘domestic violence’ means collected exceeds the current support
‘‘(1) IN GENERAL.—The Secretary shall con- violence between intimate partners, which amount.’’.
duct (directly or by grant, contract, or inter- involves any form of physical violence, sex- (b) TEMPORARY INCREASE IN MATCHING
agency agreement) a comprehensive evalua- ual violence, stalking, or psychological ag- RATE.—Section 455(a)(3) of such Act (42
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7737
U.S.C. 655(a)(3)) is amended to read as fol- ‘‘(ii) deposit such amount in a savings ac- under the State program funded under this
lows: count to be used for the child’s future needs part, that a member of the family assign to
‘‘(3)(A) The Secretary shall pay to each in the event of the child’s reunification with the State any right the family member may
State, for each quarter of fiscal years 2022 family from which the child was removed have (on behalf of the family member or of
and 2023, 90 percent of so much of the State (including for reunification services for the any other person for whom the family mem-
expenditures described in paragraph (1)(B) child and family); ber has applied for or is receiving such as-
for the quarter as the Secretary finds are for ‘‘(C) to the extent any amount collected sistance) to support from any other person,
a system meeting the requirements specified exceeds the current support amount and, not exceeding the total amount of assistance
in sections 454(16) and 454A. after the beginning of the period in which a so paid to the family, which accrues during
‘‘(B) In the case of a State which elects the public agency began making foster care the period that the family receives assist-
option under subparagraph (B) of section maintenance payments under part E on be- ance under the program.
457(f)(2) to apply subparagraph (A) of that half of the child, support arrearages have ac- ‘‘(B) SUNSET.—Subparagraph (A) shall not
section to the distribution of amounts col- crued with respect to the child, the State apply to any State or family after September
lected on behalf of a former TANF family (as shall deposit such excess amount into a sav- 30, 2023.’’.
defined in subparagraph (B) of section ings account to be used for the child’s future (2) STATE OPTION TO DISCONTINUE SUPPORT
457(f)(3)) as support by a State pursuant to a needs; and ASSIGNMENTS UNDER TANF BEFORE FISCAL
plan approved under this part beginning on ‘‘(D) when the child is returned to the fam- YEAR 2023.—Section 457(b) of such Act (42
the first day of any quarter of fiscal year ily from which the child was removed, or U.S.C. 657(b)) is amended by adding at the
2024 or 2025, the Secretary shall pay to the placed for adoption, with a legal guardian, end the following:
State for each quarter of fiscal year 2024 and or, if adoption or legal guardianship is deter- ‘‘(3) STATE OPTION TO DISCONTINUE SUPPORT
2025 for which such an election has been mined not to be safe and appropriate for a ASSIGNMENTS UNDER PART A BEFORE TERMI-
made, 90 percent of so much of the State ex- child, in some other planned, permanent liv- NATION OF REQUIREMENT.—A State may elect
penditures described in paragraph (1)(B) for ing arrangement, any amount in such sav- for any or all of fiscal years 2021 through
the quarter as the Secretary finds are for a ings account shall— 2023, to—
system meeting the requirements specified ‘‘(i) if the child has attained age 18, be ‘‘(A) not require the assignment of support
in sections 454(16) and 454A. transferred to the child; or obligations under section 408(a)(3)(A) as a
‘‘(C) This paragraph shall not apply to ‘‘(ii) if the child has not attained age 18, be condition of paying assistance to a family
State expenditures described in paragraph maintained in such account until the child under the State program funded under part
(1)(B) for any quarter beginning on or after attains such age, and shall be transferred to A; and
September 30, 2024 (September 30, 2023, in the the child when the child attains such age. ‘‘(B) discontinue the assignment of a sup-
case of a State that does not elect the option ‘‘(2) ADMINISTRATION.—The State agency port obligation described in such section,
described in subparagraph (B)).’’. responsible for administering the program and treat amounts collected pursuant to the
(c) TRANSITION TO ELIMINATION OF EX- under this part shall be responsible for the assignment as if the amounts had never been
CEPTED PORTION FOR PASS-THROUGH DIS- distribution under this subsection of assigned and distribute the amounts to the
REGARD OPTION.— amounts collected on behalf of a child for family.’’.
(1) IN GENERAL.—Subparagraph (B) of sec- whom a public agency is making foster care
tion 457(a)(6) of such Act (42 U.S.C. 657(a)(6)) (f) ELIMINATION OF OPTION TO APPLY
maintenance payments under part E.’’.
is amended to read as follows: FORMER DISTRIBUTION RULES FOR FAMILIES
(2) GAO REPORT.—
‘‘(B) FAMILIES THAT CURRENTLY RECEIVE AS- FORMERLY RECEIVING ASSISTANCE.—
(A) STUDY.—The Comptroller General of
SISTANCE UNDER PART A.—During each of fis-
(1) IN GENERAL.—Section 454 of such Act (42
the United States shall study the implemen-
cal years 2021, 2022, and 2023, in the case of a U.S.C. 654) is amended—
tation and impact of the requirements for
family that receives assistance from the (A) in paragraph (32)(C), by adding ‘‘and’’
distribution of amounts collected on behalf
State under the State program funded under after the semicolon;
of a child for whom foster care maintenance
part A, a State shall not be required to pay payments are being made under subsection (B) in paragraph (33), by striking ‘‘; and’’
to the Federal Government the Federal share (g) of section 457 of the Social Security Act and inserting a period; and
of an amount collected on behalf of a family (42 U.S.C. 657) as added by paragraph (1). (C) by striking paragraph (34).
receiving assistance from the State under (B) REPORT.—Not later than January 1, (2) EFFECTIVE DATE.—The amendments
the State program funded under part A to 2027, the Comptroller General shall submit a made by paragraph (1) take effect on October
the extent that the State— report to Congress on the results of the 1, 2023.
‘‘(i) pays the amount to the family; and study required under paragraph (1) that in- (g) CONFORMING AMENDMENTS.—
‘‘(ii) disregards all of the amount collected cludes information on the following: (1) Section 454B(c)(1) of such Act (42 U.S.C.
that does not exceed the current support (i) A description of how States have elected 654b(c)(1)) is amended by striking ‘‘457(a)’’
amount for purposes of determining the fam- to implement the distribution requirements and inserting ‘‘457’’.
ily’s eligibility for, and the amount and type of such subsection, including with respect to (2) Section 457 of such Act (42 U.S.C. 657),
of, assistance from the State under the State the choices States make regarding how much as amended by subsections (a) and (d), is fur-
program funded under part A.’’. of current support amounts are paid to foster ther amended—
(2) CONFORMING AMENDMENT.—Section families, saved in the event of a child’s re- (A) in subsection (c), in the matter pre-
457(a)(6) of such Act (42 U.S.C. 657(a)(6)) is unification with the family from which the ceding paragraph (1), by striking ‘‘subsection
amended in the heading, by inserting ‘‘; child was removed, or saved for the child’s (a)’’ and inserting ‘‘subsections (a), (f), and
TRANSITION TO ELIMINATION OF EXCEPTED POR- future needs. (g)’’; and
TION’’ after ‘‘PARTICIPATION’’. (ii) A description of how States distribute (B) in subsection (e), in the matter pre-
(d) AMOUNTS COLLECTED ON BEHALF OF or use amounts saved in the event of a ceding paragraph (1), by striking ‘‘Notwith-
FAMILIES RECEIVING FOSTER CARE MAINTE- child’s reunification with the family from standing the preceding provisions of this sec-
NANCE PAYMENTS.— which the child was removed, including the tion, amounts’’ and inserting ‘‘Subject to
(1) IN GENERAL.—Section 457 of such Act (42 extent to which such amounts are used to subsection (g), amounts’’.
U.S.C. 657) as amended by subsection (a), is provide reunification services for the child SEC. 3552. BAN ON RECOVERY OF MEDICAID
further amended by adding at the end the and family or distributed in full to the fam- COSTS FOR BIRTHS.
following: ily. (a) IN GENERAL.—Section 454 of the Social
‘‘(g) DISTRIBUTION OF AMOUNTS COLLECTED (iii) Recommendations regarding best prac- Security Act (42 U.S.C. 654) is amended—
ON BEHALF OF A CHILD FOR WHOM FOSTER tices regarding distributions made under (1) by striking ‘‘and’’ at the end of para-
CARE MAINTENANCE PAYMENTS ARE BEING such subsection, along with recommenda- graph (33);
MADE.— tions for such administrative or legislative (2) by striking the period at the end of
‘‘(1) IN GENERAL.—Beginning October 1, action as the Comptroller General deter- paragraph (34) and inserting ‘‘; and’’; and
2023— mines appropriate. (3) by inserting after paragraph (34) the fol-
‘‘(A) subsection (e) shall no longer apply to (e) DISCONTINUATION OF SUPPORT ASSIGN- lowing:
the distribution of amounts collected by a MENTS.— ‘‘(35) provide that the State shall not use
State as child support for months in any pe- (1) TERMINATION OF TANF REQUIREMENT TO the State program operated under this part
riod on behalf of a child for whom a public ASSIGN SUPPORT RIGHTS TO THE STATE.—Para- to collect any amount owed to the State by
agency is making foster care maintenance graph (3) of section 408(a) of such Act (42 reason of costs incurred under the State plan
payments under part E; U.S.C. 608(a)) is amended to read as follows: approved under title XIX for the birth of a
‘‘(B) with respect to the current support ‘‘(3) NO ASSISTANCE FOR FAMILIES NOT AS- child for whom support rights have been as-
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amount collected by the State on behalf of SIGNING CERTAIN SUPPORT RIGHTS TO THE signed pursuant to section 1912.’’.
the child, the State shall elect to— STATE.— (b) CLARIFICATION THAT BAN ON RECOVERY
‘‘(i) pay such amount to a foster parent of ‘‘(A) IN GENERAL.—With respect to each of DOES NOT APPLY WITH RESPECT TO INSUR-
the child or a kinship caregiver for the child fiscal years 2021, 2022, and 2023, subject to ANCE OF A PARENT WITH AN OBLIGATION TO
whenever practicable, or to the person re- section 457(b)(3), a State to which a grant is PAY CHILD SUPPORT.—Section 1902(a)(25)(F)
sponsible for meeting the child’s day-to-day made under section 403 shall require, as a of the Social Security Act (42 U.S.C.
needs; or condition of paying assistance to a family 1396a(a)(25)(F)) is amended—
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S7738 CONGRESSIONAL RECORD — SENATE December 18, 2020
(1) in clause (i), by striking ‘‘care.;’’ and in- in determining a performance level is not ‘‘(1) IN GENERAL.—Any credit’’, and
serting ‘‘care; and’’; and complete or reliable for purposes of section (3) by adding at the end the following new
(2) in clause (ii), by inserting ‘‘only if such 458(b)(5)(B) of such Act, on the basis of the paragraphs:
third-party liability is derived through in- failure of the State to submit OCSE Form ‘‘(2) ASSIGNMENT OF BENEFITS.—
surance,’’ before ‘‘seek’’. 396 or 34 in a timely manner. ‘‘(A) IN GENERAL.—The right of any person
(c) EFFECTIVE DATE.— (5) The Secretary may not impose a pen- to any applicable payment shall not be
(1) IN GENERAL.—Except as provided in alty or take any other adverse action transferable or assignable, at law or in eq-
paragraph (2), the amendments made by this against a State for failure to comply with uity, and no applicable payment shall be sub-
section take effect on October 1, 2025. section 454B(c)(1) or 454A(g)(1)(A)(i) of such ject to, execution, levy, attachment, gar-
(2) STATE OPTION FOR EARLIER APPLICA- Act. nishment, or other legal process, or the oper-
TION.—A State may elect for the amend- (6) The Secretary may not disapprove a ation of any bankruptcy or insolvency law.
ments made by this section to take effect State plan submitted pursuant to part D of ‘‘(B) ENCODING OF PAYMENTS.—As soon as
with respect to the State plans under part D title IV of such Act for failure of the plan to practicable, but not earlier than 10 days
of title IV and title XIX of the Social Secu- meet the requirement of section 454(1) of after the date of the enactment of this para-
rity Act (42 U.S.C. 671 et seq.; 1396 et seq.) on such Act, and may not impose a penalty or graph, in the case of an applicable payment
the first day of any quarter of fiscal years take any other adverse action against a that is paid electronically by direct deposit
2021 through 2025. State with such a plan that meets that re- through the Automated Clearing House
SEC. 3553. IMPROVING STATE DOCUMENTATION quirement for failure to comply with that re-
(ACH) network, the Secretary of the Treas-
AND REPORTING OF CHILD SUP- quirement.
PORT COLLECTION DATA. ury (or the Secretary’s delegate) shall—
(7) To the extent that a preceding provi-
(a) STATE PLAN REQUIREMENT.—Paragraph ‘‘(i) issue the payment using a unique iden-
sion of this section applies with respect to a
(10) of section 454(10) of the Social Security tifier that is reasonably sufficient to allow a
provision of law applicable to a program op-
Act (42 U.S.C. 654(10)) is amended to read as financial institution to identify the payment
erated by an Indian tribe or tribal organiza-
follows: as an applicable payment, and
tion (as defined in subsections (e) and (l) of
‘‘(10) provide that the State will— ‘‘(ii) further encode the payment pursuant
section 4 of the Indian Self-Determination
‘‘(A) maintain a full record of collections to the same specifications as required for a
and Education Assistance Act (25 U.S.C.
and disbursements made under the plan and benefit payment defined in section 212.3 of
450b)), that preceding provision shall apply
have an adequate reporting system; and title 31, Code of Federal Regulations.
with respect to the Indian tribe or tribal or-
‘‘(B) document outcomes with respect to ganization. ‘‘(C) GARNISHMENT.—
each child support obligation that is en- (8) Any increase in the Federal medical as- ‘‘(i) ENCODED PAYMENTS.—In the case of a
forced by the State, including monthly sup- sistance percentage for a State resulting garnishment order received after the date
port payment amounts (distinguishing be- from the application of this subsection shall that is 10 days after the date of the enact-
tween full monthly payments and partial not be taken into account for purposes of ment of this paragraph and that applies to
monthly payments) and the frequency of calculating the Federal share of assigned an account that has received an applicable
monthly support payments for each such collections paid by the State to the Federal payment that is encoded as provided in sub-
case and include information on such out- Government under section 457 of the Social paragraph (B), a financial institution shall
comes in the annual report required under Security Act (42 U.S.C. 657). follow the requirements and procedures set
paragraph (15);’’. (b) STATE DEFINED.—In subsection (a), the forth in part 212 of title 31, Code of Federal
(b) INCLUSION IN ANNUAL REPORT BY THE term ‘‘State’’ has the meaning given the Regulations, except a financial institution
SECRETARY.—Section 452(a)(10)(A) of such term in section 1101(a) of the Social Security shall not, with regard to any applicable pay-
Act (42 U.S.C. 652(a)(10)(A)) is amended— Act for purposes of title IV of such Act. ment, be required to provide the notice ref-
(1) in clause (ii), by striking ‘‘and’’ after (c) TECHNICAL CORRECTION.—Section 6008 of erenced in sections 212.6 and 212.7 of title 31,
the semicolon; the Families First Coronavirus Response Act Code of Federal Regulations. This paragraph
(2) in clause (iii)(II), by adding ‘‘and’’ after (42 U.S.C. 1396d note) is amended by adding shall not alter the status of applicable pay-
the semicolon; and at the end the following: ments as tax refunds or other nonbenefit
(3) by adding at the end the following: ‘‘(e) SCOPE OF APPLICATION.—An increase in payments for purpose of any reclamation
‘‘(iv) information on the documented out- the Federal medical assistance percentage rights of the Department of Treasury or the
comes with respect to each child support ob- for a State under this section shall not be Internal Revenue Service as per part 210 of
ligation that was enforced under a State taken into account for purposes of calcu- title 31 of the Code of Federal Regulations.
plan approved under this part during the fis- lating the Federal share of assigned collec- ‘‘(ii) OTHER PAYMENTS.—If a financial insti-
cal year, as required under paragraph (10) of tions paid by the State to the Federal Gov- tution receives a garnishment order, other
section 454 and included in the annual report ernment under section 457 of the Social Se-
than an order that has been served by the
curity Act (42 U.S.C. 657).’’.
required under paragraph (15) of that sec- United States or an order that has been
(d) STATE PERFORMANCE YEAR FOR INCEN-
tion;’’. TIVE PAYMENTS.—Notwithstanding section
served by a Federal, State, or local child sup-
CHAPTER 6—PROGRAM FLEXIBILITY 458 of the Social Security Act (42 U.S.C. port enforcement agency, that has been re-
DURING THE COVID–19 PANDEMIC 658a), the data which a State submitted pur- ceived by a financial institution after the
SEC. 3561. EMERGENCY TANF FLEXIBILITY. suant to section 454(15)(B) of such Act (42 date that is 10 days after the date of the en-
(a) IN GENERAL.—With respect to the pe- U.S.C. 654(15)(B)) for fiscal year 2019 and actment of this paragraph and that applies
riod that begins on March 1, 2020, and ends which the Secretary has determined is com- to an account into which an applicable pay-
September 30, 2021: plete and reliable shall be used to determine ment that has not been encoded as provided
(1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) the performance level for each measure of in subparagraph (B) has been deposited elec-
of the Social Security Act shall have no State performance specified in section tronically or by an applicable payment that
force or effect. 458(b)(4) of such Act for each of fiscal years has been deposited by check on any date in
(2) Notwithstanding section 466(d) of such 2020 and 2021. the lookback period, the financial institu-
Act, the Secretary may exempt a State from SEC. 3562. 2020 RECOVERY REBATES NOT SUB- tion, upon the request of the account holder,
JECT TO REDUCTION OR OFFSET shall treat the amount of the funds in the ac-
any requirement of section 466 of such Act to
WITH RESPECT TO PAST-DUE SUP- count at the time of the request, up to the
respond to the COVID–19 pandemic, except PORT.
that the Secretary may not exempt a State amount of the applicable payment (in addi-
(a) IN GENERAL.—Section 2201(d)(2) of the tion to any amounts otherwise protected
from any requirement to— CARES Act is amended by inserting ‘‘(c),’’
(A) provide a parent with notice of a right under part 212 of title 31, Code of Federal
before ‘‘(d)’’.
to request a review and, if appropriate, ad- (b) EFFECTIVE DATE.—The amendment Regulations), as exempt from a garnishment
justment of a support order; or made by this section shall apply to credits order without requiring the consent of the
(B) afford a parent the opportunity to and refunds allowed or made after the date of party serving the garnishment order or the
make such a request. the enactment of this Act. judgment creditor.
(3) The Secretary may not impose a pen- SEC. 3563. PROTECTION OF 2020 RECOVERY RE- ‘‘(iii) LIABILITY.—A financial institution
alty or take any other adverse action BATES. that acts in good faith in reliance on clauses
against a State pursuant to section 452(g)(1) (a) IN GENERAL.—Subsection (d) of section (i) or (ii) shall not be subject to liability or
of such Act for failure to achieve a paternity 2201 of the CARES Act (Public Law 116–136), regulatory action under any Federal or State
establishment percentage of less than 90 per- as amended by section 3562, is further law, regulation, court or other order, or reg-
cent. amended— ulatory interpretation for actions con-
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(4) The Secretary may not find that the pa- (1) by redesignating paragraphs (1), (2), and cerning any applicable payments.
ternity establishment percentage for a State (3) as subparagraphs (A), (B), and (C), and by ‘‘(D) DEFINITIONS.—For purposes of this
is not based on reliable data for purposes of moving such subparagraphs 2 ems to the paragraph—
section 452(g)(1) of such Act, and the Sec- right, ‘‘(i) ACCOUNT HOLDER.—The term ‘account
retary may not determine that the data (2) by striking ‘‘REDUCTION OR OFFSET.— holder’ means a natural person whose name
which a State submitted pursuant to section Any credit’’ and inserting ‘‘REDUCTION, OFF- appears in a financial institution’s records as
452(a)(4)(C)(i) of such Act and which is used SET, GARNISHMENT, ETC.— the direct or beneficial owner of an account.
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7739
‘‘(ii) ACCOUNT REVIEW.—The term ‘account ‘‘(i) to create a mission-oriented loan guar- terprise community under section 1391 of the
review’ means the process of examining de- antee program that builds on the dem- Internal Revenue Code of 1986;
posits in an account to determine if an appli- onstrated success of the Community Advan- ‘‘(dd) a community that has been des-
cable payment has been deposited into the tage Pilot Program of the Administration, as ignated as a promise zone by the Secretary
account during the lookback period. The fi- established in 2011, to reach more under- of Housing and Urban Development;
nancial institution shall perform the ac- served small business concerns; ‘‘(ee) a community that has been des-
count review following the procedures out- ‘‘(ii) to increase lending to small business ignated as a qualified opportunity zone
lined in section 212.5 of title 31, Code of Fed- concerns in underserved and rural markets, under section 1400Z–1 of the Internal Rev-
eral Regulations and in accordance with the including veterans and members of the mili- enue Code of 1986; or
requirements of section 212.6 of title 31, Code tary community, and small business con- ‘‘(ff) a rural area;
of Federal Regulations. cerns owned and controlled by socially and ‘‘(II) for which more than 50 percent of em-
‘‘(iii) APPLICABLE PAYMENT.—The term ‘ap- economically disadvantaged individuals (as ployees reside in a low- or moderate-income
plicable payment’ means any payment of defined in section 8(d)(3)(C)), women, and
community;
credit or refund by reason of section 6428 of startups;
‘‘(III) that is—
the Internal Revenue Code of 1986 (as so ‘‘(iii) to ensure that the program under
‘‘(aa) a business that has not yet opened or
added) or by reason of subsection (c) of this this subsection (in this paragraph referred to
as the ‘7(a) loan program’) is more inclusive a new business; or
section. ‘‘(bb) growing, newly established, or a
‘‘(iv) GARNISHMENT.—The term ‘garnish- and more broadly meets congressional intent
to reach borrowers who are unable to get startup, as those terms are used in sub-
ment’ means execution, levy, attachment, section (m);
garnishment, or other legal process. credit elsewhere on reasonable terms and
conditions; ‘‘(IV) owned and controlled by socially and
‘‘(v) GARNISHMENT ORDER.—The term ‘gar-
‘‘(iv) to help underserved small business economically disadvantaged individuals, in-
nishment order’ means a writ, order, notice,
concerns become bankable by utilizing the cluding Black Americans, Hispanic Ameri-
summons, judgment, levy, or similar written
small-dollar financing and business support cans, Native Americans, Asian Pacific Amer-
instruction issued by a court, a State or
experience of mission-oriented lenders; icans, and other minorities;
State agency, a municipality or municipal
‘‘(v) to allow certain mission-oriented ‘‘(V) owned and controlled by women;
corporation, or a State child support en-
lenders, primarily nonprofit financial inter- ‘‘(VI) owned and controlled by veterans;
forcement agency, including a lien arising by
mediaries focused on economic development ‘‘(VII) owned and controlled by service-dis-
operation of law for overdue child support or
in underserved markets, access to guaran- abled veterans;
an order to freeze the assets in an account,
tees for loans under this subsection (in this ‘‘(VIII) not less than 51 percent of which is
to effect a garnishment against a debtor.
paragraph referred to as ‘7(a) loans’) of not owned and controlled by 1 or more—
‘‘(vi) LOOKBACK PERIOD.—The term
‘lookback period’ means the two month pe- more than $350,000 and provide management ‘‘(aa) members of the Armed Forces par-
riod that begins on the date preceding the and technical assistance to small business ticipating in the Transition Assistance Pro-
date of account review and ends on the cor- concerns as needed; gram of the Department of Defense;
responding date of the month two months ‘‘(vi) to provide certainty for the lending ‘‘(bb) Reservists;
earlier, or on the last date of the month two partners that make loans under this sub- ‘‘(cc) spouses of veterans, members of the
section and to attract new lenders; and Armed Forces, or Reservists; or
months earlier if the corresponding date does
‘‘(vii) to encourage collaboration between ‘‘(dd) surviving spouses of veterans who
not exist.’’.
mission-oriented and conventional lenders died on active duty or as a result of a serv-
(b) EFFECTIVE DATE.—The amendments
under this subsection in order to support un- ice-connected disability;
made by this section shall take effect on the
derserved small business concerns. ‘‘(IX) that is eligible to receive a veterans
date of the enactment of this Act.
‘‘(B) DEFINITIONS.—In this paragraph— advantage loan; or
CHAPTER 7—EFFECTIVE DATE ‘‘(i) the term ‘covered institution’ means— ‘‘(X) owned and controlled by an individual
SEC. 3571. EFFECTIVE DATE. ‘‘(I) a development company, as defined in who has completed a term of imprisonment
(a) IN GENERAL.—Except as otherwise pro- section 103 of the Small Business Investment in a Federal, State, or local jail or prison;
vided in this subtitle, the amendments made Act of 1958 (15 U.S.C. 662), participating in and
by this subtitle shall take effect on the date the 504 Loan Guaranty program established ‘‘(viii) the term ‘small business concern
of enactment of this Act and shall apply to under title V of that Act (15 U.S.C. 695 et owned and controlled by socially and eco-
payments under parts A and D of title IV of seq.); nomically disadvantaged individuals’ has the
the Social Security Act for calendar quarters ‘‘(II) a nonprofit intermediary, as defined meaning given the term in section 8(d)(3)(C).
beginning on or after such date, and without in subsection (m)(11), participating in the ‘‘(C) ESTABLISHMENT.—There is established
regard to whether regulations to implement microloan program under subsection (m);
a Community Advantage Loan Program
the amendments (in the case of State pro- ‘‘(III) a non-Federally regulated entity cer-
under which the Administration may guar-
grams operated under such part D) are pro- tified as a community development financial
antee loans made by covered institutions
mulgated by such date. institution by the Community Development
under this subsection, including loans made
(b) EXCEPTION FOR STATE PLANS REQUIRING Financial Institutions Fund established
to small business concerns in an underserved
STATE LAW AMENDMENTS.—In the case of a under section 104(a) of the Riegle Commu-
nity Development and Regulatory Improve- market.
State plan under part A or D of title IV of ‘‘(D) PROGRAM LEVELS.—In each of fiscal
the Social Security Act which the Secretary ment Act of 1994 (12 U.S.C. 4703(a)); and
‘‘(IV) an eligible intermediary, as defined years 2021, 2022, 2023, 2024, and 2025, not more
determines requires State legislation in than 10 percent of the number of loans guar-
order for the plan to meet the additional re- in subsection (l)(1), participating in the
Intermediary Lending Program established anteed under this subsection may be guaran-
quirements imposed by the amendments teed under the program.
made by this subtitle, the effective date of under subsection (l)(2);
‘‘(ii) the term ‘new business’ means a small ‘‘(E) NEW LENDERS.—
the amendments imposing the additional re- ‘‘(i) FISCAL YEARS 2021 AND 2022.—In each of
quirements shall be 3 months after the first business concern that has been existence for
not more than 2 years; fiscal years 2021 and 2022—
day of the first calendar quarter beginning ‘‘(I) not more than 150 covered institutions
after the close of the first regular session of ‘‘(iii) the term ‘program’ means the Com-
munity Advantage Loan Program estab- shall participate in the program; and
the State legislature that begins after the
lished under subparagraph (C); ‘‘(II) the Administrator shall allow for new
date of the enactment of this Act. For pur-
‘‘(iv) the term ‘Reservist’ means a member applicants and give priority to applications
poses of the preceding sentence, in the case
of a reserve component of the Armed Forces submitted by any covered institution that is
of a State that has a 2-year legislative ses-
named in section 10101 of title 10, United located in an area with insufficient or no
sion, each year of the session shall be consid-
States Code; lending under the program.
ered to be a separate regular session of the
‘‘(v) the term ‘rural area’ has the meaning ‘‘(ii) FISCAL YEARS 2023, 2024, AND 2025.—
State legislature.
given the term in subsection (m)(11); ‘‘(I) IN GENERAL.—In each of fiscal years
TITLE IV—CAPITAL AND SUPPORT FOR 2023, 2024, and 2025—
‘‘(vi) the term ‘service-connected’ has the
SMALL BUSINESSES ‘‘(aa) except as provided in subclause (II),
meaning given the term in section 101 of
Subtitle A—More Lending to Small title 38, United States Code; not more than 175 covered institutions shall
Businesses in Communities of Color ‘‘(vii) the term ‘small business concern in participate in the program; and
SEC. 4101. COMMUNITY ADVANTAGE LOAN PRO- an underserved market’ means a small busi- ‘‘(bb) the Administrator shall allow for
GRAM. ness concern— new applicants and give priority to applica-
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Section 7(a) of the Small Business Act (15 ‘‘(I) that is located in— tions submitted by any covered institution
U.S.C. 636(a)) is amended by adding at the ‘‘(aa) a low-income or moderate-income that is located in an area with insufficient or
end the following: community; no lending under the program.
‘‘(37) COMMUNITY ADVANTAGE LOAN PRO- ‘‘(bb) a HUBZone, as defined in section ‘‘(II) EXCEPTION FOR FISCAL YEAR 2025.—In
GRAM.— 31(b); fiscal year 2025, not more than 200 covered
‘‘(A) PURPOSES.—The purposes of the Com- ‘‘(cc) a community that has been des- institutions may participate in the program
munity Advantage Loan Program are— ignated as an empowerment zone or an en- if—
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S7740 CONGRESSIONAL RECORD — SENATE December 18, 2020
‘‘(aa) after reviewing the report under sub- ‘‘(K) REGULATIONS.— it Risk Management, and the Office of Fi-
paragraph (M), the Administrator deter- ‘‘(i) IN GENERAL.—Not later than 180 days nancial Assistance; and
mines that not more than 200 covered insti- after the date of enactment of this paragraph ‘‘(BB) the Office of Emerging Markets;
tutions may participate in the program; and in accordance with the notice and com- ‘‘(II) develop recommendations on how the
‘‘(bb) the Administrator notifies Congress ment procedures under section 553 of title 5, Administration can effectively manage, sup-
in writing of the determination of the Ad- United States Code, the Administrator shall port, and promote the program and the mis-
ministrator under item (aa); and promulgate regulations to carry out the pro- sion of the program;
‘‘(cc) not later than July 30, 2024, the Ad- gram, which shall be substantially similar to ‘‘(III) establish metrics of success and
ministrator notifies the public of the deter- the Community Advantage Pilot Program of benchmarks that reflect the mission and
mination of the Administrator under item the Administration, as in effect on Sep- population served by covered institutions
(aa). tember 1, 2018, and shall— under the program, which the Administra-
‘‘(F) GRANDFATHERING OF EXISTING LEND- ‘‘(I) outline the requirements for participa- tion shall use to evaluate the performance of
ERS.—Any covered institution that partici- tion by covered institutions in the program; those covered institutions;
pated in the Community Advantage Pilot ‘‘(II) define performance metrics for cov- ‘‘(IV) institute regular and sustainable sys-
Program of the Administration and is in ered institutions participating in the pro- tems of communication between the Admin-
good standing on the day before the date of gram for the first time, which are required istration and covered institutions partici-
enactment of this paragraph— to be met in order to continue participating pating in the program; and
‘‘(i) shall retain designation in the pro- in the program; ‘‘(V) establish criteria for covered institu-
gram; and ‘‘(III) establish an acceptable range of pro- tions regarding when those institutions
‘‘(ii) shall not be required to submit an ap- gram costs and level of risk that shall be should provide technical assistance to bor-
plication to participate in the program. based on other loan products— rowers under the program and the scope of
‘‘(G) REQUIREMENT TO MAKE LOANS TO UN- ‘‘(aa) of similar size; that technical assistance.
DERSERVED MARKETS.—Not less than 75 per- ‘‘(bb) that use similar lenders; and ‘‘(ii) REPORT.—Not later than 180 days after
cent of loans made by a covered institution ‘‘(cc) that are intended to reach similar the date of enactment of this paragraph, the
under the program shall consist of loans borrowers; Administrator shall submit to the Com-
made to small business concerns in an under- ‘‘(IV) determine the credit score of a small mittee on Small Business and Entrepreneur-
served market. business concern under which the Adminis- ship of the Senate and the Committee on
‘‘(H) MAXIMUM LOAN AMOUNT.— tration is required to underwrite a loan pro- Small Business of the House of Representa-
‘‘(i) IN GENERAL.—Except as provided in vided to the small business concern under tives a report that includes—
clause (ii), the maximum loan amount for a the program and the loan may not be made ‘‘(I) the recommendations of the Commu-
loan guaranteed under the program is using the delegated authority of a covered nity Advantage Working Group established
$250,000. institution; under clause (i); and
‘‘(ii) EXCEPTION.— ‘‘(V) require each covered institution that ‘‘(II) a recommended plan and timeline for
‘‘(I) IN GENERAL.—The Administration sells loans made under the program on the implementation of those recommenda-
may, in the discretion of the Administration, secondary market to establish a loan loss re- tions.’’.
approve a guarantee of a loan under the pro- serve fund, which— SEC. 4102. SPURRING INNOVATION IN UNDER-
gram that is more than $250,000 and not more ‘‘(aa) with respect to covered institutions SERVED MARKETS.
than $350,000. in good standing, including the covered insti- (a) IN GENERAL.—The Small Business Act
‘‘(II) NOTIFICATION.—Not later than 2 days tutions described in subparagraph (F), shall (15 U.S.C. 631 et seq.) is amended—
after receiving a request for an exception to be maintained at a level equal to 3 percent of (1) by redesignating section 49 (15 U.S.C.
the maximum loan amount established under the outstanding guaranteed portion of the 631 note) as section 50; and
clause (i), the Administration shall— loans; and (2) by inserting after section 48 (15 U.S.C.
‘‘(aa) review the request; and ‘‘(bb) with respect to any other covered in- 657u) the following:
‘‘(bb) provide a decision regarding the re- stitution, shall be maintained at a level ‘‘SEC. 49. INNOVATION CENTERS PROGRAM.
quest to the covered institution making the equal to 5 percent of the outstanding guaran- ‘‘(a) DEFINITIONS.—In this section:
loan. teed portion of the loans; and ‘‘(1) ACCELERATOR.—The term ‘accelerator’
‘‘(I) TRAINING AND TECHNICAL ASSISTANCE.— ‘‘(VI) allow the Administrator to require means an organization—
The Administration— additional amounts to be deposited into a ‘‘(A) that—
‘‘(i) shall, in person and online, provide up- loan loss reserve fund established by a cov- ‘‘(i) works with a startup or growing small
front and ongoing training and technical as- ered institution under subclause (V) based on business concern for a predetermined period;
sistance for covered institutions making the risk characteristics or performance of and
loans under the program in order to support the covered institution and the loan port- ‘‘(ii) provides mentorship and instruction
prudent lending standards and improve the folio of the covered institution. to scale businesses; and
interface between the covered institutions ‘‘(ii) TERMINATION OF PILOT PROGRAM.—Be- ‘‘(B) that may—
and the Administration, which shall in- ginning on the date on which the regulations ‘‘(i) provide, but is not exclusively designed
clude— promulgated by the Administrator under to provide, seed investment in exchange for a
‘‘(I) guidance for following the regulations clause (i) take effect, the Administrator may small amount of equity; and
of the Administration, including best prac- not carry out the Community Advantage ‘‘(ii) offer startup capital or the oppor-
tices for maintaining healthy portfolios of Pilot Program of the Administration. tunity to raise capital from outside inves-
loans; and ‘‘(L) GAO REPORT.—Not later than 3 years tors.
‘‘(II) directions for covered institutions to after the date of enactment of this para- ‘‘(2) FEDERALLY RECOGNIZED AREA OF ECO-
do what is in the best interest of the bor- graph, the Comptroller General of the United NOMIC DISTRESS.—The term ‘federally recog-
rowers, including by ensuring to the max- States shall submit to the Administrator, nized area of economic distress’ means—
imum extent possible that those borrowers the Committee on Small Business and Entre- ‘‘(A) a HUBZone; or
are informed about loans with the most fa- preneurship of the Senate, and the Com- ‘‘(B) an area that has been designated as—
vorable terms for those borrowers; mittee on Small Business of the House of ‘‘(i) an empowerment zone under section
‘‘(ii) shall ensure that the training and Representatives a report— 1391 of the Internal Revenue Code of 1986;
technical assistance described in clause (i) is ‘‘(i) assessing— ‘‘(ii) a qualified opportunity zone under
provided for free or at a low-cost; ‘‘(I) the extent to which the program ful- section 1400Z–1 of the Internal Revenue Code
‘‘(iii) may enter into a contract to provide fills the requirements of this paragraph; and of 1986;
the training or technical assistance de- ‘‘(II) the performance of covered institu- ‘‘(iii) a Promise Zone by the Secretary of
scribed in clause (i) with an organization tions participating in the program; and Housing and Urban Development; or
with expertise in lending under this sub- ‘‘(ii) providing recommendations on the ad- ‘‘(iv) a low-income neighborhood or mod-
section, mission-oriented lending, and lend- ministration of the program and the findings erate-income neighborhood for purposes of
ing to underserved markets; and under subclauses (I) and (II) of clause (i). the Community Reinvestment Act of 1977 (12
‘‘(iv) shall ensure that covered institutions ‘‘(M) WORKING GROUP.— U.S.C. 2901 et seq.).
adequately report the extent to which the ‘‘(i) IN GENERAL.—Not later than 90 days ‘‘(3) GROWING; NEWLY ESTABLISHED; START-
covered institutions take the actions re- after the date of enactment of this para- UP.—The terms ‘growing’, ‘newly estab-
quired under clause (i)(II). graph, the Administrator shall establish a lished’, and ‘startup’, with respect to a small
‘‘(J) DELEGATED AUTHORITY.—A covered in- Community Advantage Working Group, business concern, mean growing, newly es-
stitution is not eligible to receive delegated which shall— tablished, and startup, respectively, within
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authority from the Administration under the ‘‘(I) include— the meaning given those terms under section
program until the covered institution makes ‘‘(aa) a geographically diverse representa- 7(m).
not less than 10 loans under the program, un- tion of members from among covered insti- ‘‘(4) INCUBATOR.—The term ‘incubator’
less the Administration determines other- tutions participating in the program; and means an organization—
wise after an opportunity for public com- ‘‘(bb) representatives from— ‘‘(A) that—
ment for a period of not less than 30 days be- ‘‘(AA) the Office of Capital Access of the ‘‘(i) tends to work with startup and newly
fore implementing such a change. Administration, including the Office of Cred- established small business concerns; and
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7741
‘‘(ii) provides mentorship to startup and ‘‘(B) be carried out in such locations as to the extent and in the amounts as are pro-
newly established small business concerns; provide maximum accessibility and benefits vided in advance in appropriations Acts.
and to the small business concerns that the ‘‘(B) SUSPENSION, TERMINATION, AND FAIL-
‘‘(B) that may— project is intended to serve; URE TO RENEW OR EXTEND.—After the Admin-
‘‘(i) provide a co-working environment or a ‘‘(C) have a full-time staff, including a full- istrator has entered into a cooperative
month-to-month lease program; and time director who shall— agreement with an eligible entity under this
‘‘(ii) work with a startup or newly estab- ‘‘(i) have the authority to make expendi- section, the Administrator shall not suspend,
lished small business concern for a predeter- tures under the budget of the project; and terminate, or fail to renew or extend the co-
mined period or an open-ended period. ‘‘(ii) manage the activities carried out operative agreement unless the Adminis-
‘‘(5) INDIVIDUALS WITH A DISABILITY.—The under the project; trator provides the eligible entity with writ-
term ‘individuals with a disability’ means ‘‘(D) include the joint provision of pro- ten notification setting forth the reasons
more than one individual with a disability, grams and services by the eligible entity and therefore and affords the eligible entity an
as defined in section 3 of the Americans with the Administration, which— opportunity for a hearing, appeal, or other
Disabilities Act of 1990 (42 U.S.C. 12102). ‘‘(i) shall be jointly developed, negotiated, administrative proceeding under chapter 5 of
‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible and agreed upon, with full participation of title 5, United States Code.
entity’ means— both parties, pursuant to an executed coop- ‘‘(e) CRITERIA.—
‘‘(A) an institution described in any of erative agreement between the eligible enti- ‘‘(1) IN GENERAL.—The Administrator
paragraphs (1) through (7) of section 371(a) of ty and the Administration; and shall—
the Higher Education Act of 1965 (20 U.S.C. ‘‘(ii) shall include— ‘‘(A) establish and rank in terms of rel-
1067q(a)); ‘‘(I) 1-to-1 individual counseling as de- ative importance the criteria the Adminis-
‘‘(B) a junior or community college, as de- scribed in section 21(c)(3)(A); and trator shall use in awarding cooperative
fined in section 312 of the Higher Education ‘‘(II) a formal, structured mentorship pro- agreements under this section, which shall
Act of 1965 (20 U.S.C. 1058); or gram; include—
‘‘(C) any nonprofit organization associated ‘‘(E) incorporate continuous upgrades and ‘‘(i) whether the proposed project will be
with an entity described in subparagraph (A) modifications to the services and programs located in—
or (B). offered under the project, as needed to meet ‘‘(I) a federally recognized area of eco-
‘‘(7) RURAL AREA.—The term ‘rural area’ the changing and evolving needs of the busi- nomic distress;
has the meaning given that term in section ness community; ‘‘(II) a rural area; or
7(m)(11). ‘‘(F) involve working with underserved ‘‘(III) an area lacking sufficient entrepre-
‘‘(8) SOCIALLY AND ECONOMICALLY DISADVAN- groups, which include— neurial development resources, as deter-
TAGED INDIVIDUALS.—The term ‘socially and ‘‘(i) women; mined by the Administrator; and
economically disadvantaged individual’ ‘‘(ii) socially and economically disadvan- ‘‘(ii) whether the proposed project dem-
means a socially and economically disadvan- taged individuals; onstrates a commitment to partner with
taged individual within the meaning given ‘‘(iii) veterans; core stakeholders working with small busi-
that term under section 8(d)(3)(C). ‘‘(iv) individuals with disabilities; or ness concerns in the relevant area, includ-
‘‘(b) ESTABLISHMENT.—Not later than 18 ‘‘(v) startup, newly established, or growing ing—
months after the date of enactment of the small business concerns located in rural ‘‘(I) investment and lending organizations;
Economic Justice Act, the Administrator areas; ‘‘(II) nongovernmental organizations;
shall develop and begin implementing a pro- ‘‘(G) not impose or otherwise collect a fee ‘‘(III) programs of State and local govern-
gram (to be known as the ‘Innovation Cen- or other compensation in connection with ments that are concerned with aiding small
ters Program’) to enter into cooperative participation in the programs and services business concerns;
agreements with eligible entities under this described in subparagraph (D)(ii); and ‘‘(IV) Federal agencies; and
section. ‘‘(H) ensure that small business concerns ‘‘(V) for-profit organizations with an exper-
‘‘(c) PURPOSES.—The purposes of the Inno- participating in the project have access, in- tise in small business innovation;
vation Centers Program are to— cluding through resource partners, to infor- ‘‘(B) make publicly available, including on
‘‘(1) stimulate economic growth in under- mation concerning Federal, State, and local the website of the Administration, and state
served communities by creating good paying regulations that affect small business con- in each solicitation for applications for coop-
jobs and pathways to prosperity, which are cerns. erative agreements under this section the se-
especially important in times of economic ‘‘(3) CONTINUED FUNDING.— lection criteria and ranking established
downturn; ‘‘(A) IN GENERAL.—An eligible entity that under subparagraph (A); and
‘‘(2) increase prospects for success for enters into an initial cooperative agreement ‘‘(C) evaluate and rank applicants for coop-
small business concerns in underserved com- or a renewal of a cooperative under para- erative agreements under this section in ac-
munities, which often suffer from higher graph (1) may submit an application for a 3- cordance with the selection criteria and
business failure rates than the national aver- year renewal of the cooperative agreement ranking established under subparagraph (A).
age; at such time, in such manner, and accom- ‘‘(2) CONTENTS.—The criteria established
‘‘(3) help create a pipeline for small busi- panied by such information as the Adminis- under paragraph (1)(A)—
ness concerns in underserved and rural mar- trator may establish. ‘‘(A) for eligible entities that have in oper-
kets into high-growth sectors, where they ‘‘(B) APPLICATION AND APPROVAL CRI- ation an accelerator, incubator, or other
are generally underrepresented; TERIA.— small business innovation-focused project
‘‘(4) help address the multi-decade decline ‘‘(i) CRITERIA.—The Administrator shall de- shall include the record of the eligible entity
in the rate of new business creation; velop and publish criteria for the consider- in assisting growing, newly established, and
‘‘(5) close the gaps that underserved small ation and approval of applications for renew- startup small business concerns, including,
business concerns often have in terms of rev- als by eligible entities under this paragraph, for each of the 3 full years before the date on
enue and number of employees, which rep- which shall take into account the structure which the eligible entity applies for a coop-
resent lost opportunity for the economy; and and the stated goals of the project. erative agreement under this section, or if
‘‘(6) encourage collaboration between the ‘‘(ii) NOTIFICATION.—Not later than 60 days the accelerator, incubator, or other small
Administration and institutions of higher after the date of the deadline to submit ap- business innovation-focused project has been
learning that serve low-income and minority plications for each fiscal year, the Adminis- in operation for less than 3 years, for the
communities. trator shall approve or deny any application most recent full year the accelerator, incu-
‘‘(d) AUTHORITY.— under this paragraph and notify the appli- bator, or other small business innovation-fo-
‘‘(1) IN GENERAL.—The Administrator cant for each such application. cused project was in operation—
may— ‘‘(C) PRIORITY.—In allocating funds made ‘‘(i) the number and retention rate of grow-
‘‘(A) enter into cooperative agreements to available for cooperative agreements under ing, newly established, and startup business
provide financial assistance to eligible enti- this section, the Administrator shall give ap- concerns in the program of the eligible enti-
ties to conduct 5-year projects for the benefit plications under this paragraph priority over ty;
of startup, newly established, or growing first-time applications for cooperative agree- ‘‘(ii) the average period of participation by
small business concerns; and ments under paragraph (1)(A). growing, newly established, and startup
‘‘(B) renew a cooperative agreement en- ‘‘(4) LIMIT ON USE OF FUNDS.—Amounts re- small business concerns in the program of
tered into under this section for additional 3- ceived by an eligible entity under a coopera- the eligible entity;
year periods, in accordance with paragraph tive agreement under this section may not ‘‘(iii) the total and median capital raised
(3). be used to provide capital to a participant in by growing, newly established, and startup
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‘‘(2) PROJECT REQUIREMENTS.—A project the project carried out under the cooperative small business concerns participating in the
conducted under a cooperative agreement agreement. program of the eligible entity;
under this section shall— ‘‘(5) SCOPE OF AUTHORITY.— ‘‘(iv) the number of investments or loans
‘‘(A) include operating as an accelerator, ‘‘(A) SUBJECT TO APPROPRIATIONS.—The au- received by growing, newly established, and
an incubator, or any other small business in- thority of the Administrator to enter into startup small business concerns partici-
novation-focused project as the Adminis- cooperative agreements under this section pating in the program of the eligible entity;
trator approves; shall be in effect for each fiscal year only to and
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S7742 CONGRESSIONAL RECORD — SENATE December 18, 2020
‘‘(v) the total and median number of em- istration, innovation, and entrepreneurial graph (1) shall not be subject to the match-
ployees of growing, newly established, and development. ing requirement under subsection (j).
startup small business concerns partici- ‘‘(h) COORDINATION.—In carrying out a ‘‘(4) ADDITIONAL PROVISION.—Notwith-
pating in the program of the eligible entity; project under this section, an eligible entity standing any other provision of law, a con-
and may coordinate with— tract for assistance under paragraph (1) shall
‘‘(B) for all eligible entities— ‘‘(1) resource and lending partners of the not be applied to any Federal department or
‘‘(i) shall include whether the eligible enti- Administration; agency’s small business, woman-owned busi-
ty— ‘‘(2) programs of State and local govern- ness, or socially and economically disadvan-
‘‘(I) indicates the structure and goals of ments that are concerned with aiding small taged business contracting goal under sec-
the project; business concerns; and tion 15(g).
‘‘(II) demonstrates ties to the business ‘‘(3) other Federal agencies, including to
provide services to and assist small business ‘‘(l) PRIVACY REQUIREMENTS.—
community; ‘‘(1) IN GENERAL.—An eligible entity may
‘‘(III) describes the capabilities of the concerns in participating in the SBIR and
STTR programs, as defined in section 9(e). not disclose the name, address, or telephone
project, including coordination with local re- number of any individual or small business
source partners and local or national lending ‘‘(i) FUNDING LIMIT.—The amount of finan-
cial assistance provided to an eligible entity concern receiving assistance under this sec-
partners of the Administration; tion without the consent of such individual
‘‘(IV) addresses the unique business and under a cooperative agreement entered into
under this section shall be not more than or small business concern, unless—
economic challenges faced by the commu- ‘‘(A) the Administrator is ordered to make
$400,000 during each year.
nity in which the eligible entity is located ‘‘(j) MATCHING REQUIREMENT.— such a disclosure by a court in any civil or
and businesses in that community; and ‘‘(1) IN GENERAL.—An eligible entity shall criminal enforcement action initiated by a
‘‘(V) provides a proposed budget and plan contribute toward the cost of the project Federal or State agency; or
for use of funds; and carried out under the cooperative agreement ‘‘(B) the Administrator considers such a
‘‘(ii) may include any other criteria deter- under this section an amount equal to 50 per- disclosure to be necessary for the purpose of
mined appropriate by the Administrator. cent of the amount received under the coop- conducting a financial audit of an eligible
‘‘(f) PROGRAM EXAMINATION.— erative agreement. entity, but a disclosure under this subpara-
‘‘(1) IN GENERAL.—The Administrator ‘‘(2) IN-KIND CONTRIBUTIONS.—Not more graph shall be limited to the information
shall— than 75 percent of the contribution of an eli- necessary for such audit.
‘‘(A) develop and implement an annual pro- gible entity under paragraph (1) may be in ‘‘(2) ADMINISTRATION USE OF INFORMATION.—
grammatic and financial examination of the form of in-kind contributions. This subsection shall not—
each project conducted under this section, ‘‘(3) WAIVER.— ‘‘(A) restrict Administration access to pro-
under which each eligible entity entering ‘‘(A) IN GENERAL.—If the Administrator de- gram activity data; or
into a cooperative agreement under this sec- termines that an eligible entity is unable to ‘‘(B) prevent the Administration from
tion shall provide to the Administrator— meet the contribution requirement under using client information (other than the in-
‘‘(i) an itemized cost breakdown of actual paragraph (1), the Administrator may reduce formation described in subparagraph (A)) to
expenditures for costs incurred during the the required contribution. conduct client surveys.
preceding year; and ‘‘(B) PRESUMPTION.— ‘‘(3) REGULATIONS.—The Administrator
‘‘(ii) documentation regarding— ‘‘(i) IN GENERAL.—The Administration shall issue regulations to establish standards
‘‘(I) the amount of matching assistance shall, by regulation, establish criteria to de- for requiring disclosures during a financial
from non-Federal sources obtained and ex- termine which eligible entities are presumed audit under paragraph (1)(B).
pended by the eligible entity during the pre- to be unable to meet the contribution re- ‘‘(m) PUBLICATION OF INFORMATION.—The
ceding year in order to meet the matching quirement under paragraph (1). Administrator shall—
requirement; and ‘‘(ii) STAKEHOLDERS.—In establishing the ‘‘(1) publish information about the pro-
‘‘(II) with respect to any in-kind contribu- criteria under clause (i), the Administrator gram under this section online, including—
tions that were used to satisfy the matching shall work with stakeholders immediately ‘‘(A) on the website of the Administration;
requirement, verification of the existence impacted by the criteria. and
and valuation of those contributions; and ‘‘(iii) PERIODIC REVIEW.—The Administra- ‘‘(B) on the social media of the Administra-
‘‘(B) analyze the results of each examina- tion shall periodically, but not less than tion; and
tion conducted under subparagraph (A) and, once every 5 years, review the criteria estab- ‘‘(2) request that the resource and lending
based on that analysis, make a determina- lished under clause (i) to ensure that the cri- partners of the Administration and the dis-
tion regarding the programmatic and finan- teria align with economic conditions. trict offices of the Administration publicize
cial viability of each eligible entity. ‘‘(4) FAILURE TO OBTAIN NON-FEDERAL FUND- the program.
‘‘(2) CONDITIONS FOR CONTINUED FUNDING.— ING.—If an eligible entity fails to obtain the
In determining whether to continue or renew required non-Federal contribution during ‘‘(n) ANNUAL REPORTING.—Not later than 1
a cooperative agreement under this section, any project, or the reduced non-Federal con- year after the date on which the Adminis-
the Administrator— tribution as determined by the Adminis- trator establishes the program under this
‘‘(A) shall consider the results of the most trator— section, and every year thereafter, the Ad-
recent examination of the project under ‘‘(A) the eligible entity shall not be eligi- ministrator shall submit to Congress a re-
paragraph (1); and ble thereafter for any other project for which port on the activities under the program, in-
‘‘(B) may terminate or not renew a cooper- it is or may be funded by the Administra- cluding—
ative agreement, if the Administrator deter- tion; and ‘‘(1) a list of all eligible entities partici-
mines that the eligible entity has failed to ‘‘(B) prior to approving assistance for the pating in the program;
provide any information required to be pro- eligible entity for any other projects, the Ad- ‘‘(2) the number of startup, newly estab-
vided (including information provided for the ministrator shall specifically determine lished, and growing small business concerns
purpose of the annual report by the Adminis- whether the Administrator believes that the participating in the project carried out by
trator under subsection (n)) or the informa- eligible entity will be able to obtain the req- each eligible entity under a cooperative
tion provided by the eligible entity is inad- uisite non-Federal funding and enter a writ- agreement under this section (in this para-
equate. ten finding setting forth the reasons for graph referred to as ‘participants’), including
‘‘(g) TRAINING AND TECHNICAL ASSIST- making that determination. a breakdown of the owners of the partici-
ANCE.—The Administrator— ‘‘(5) RULE OF CONSTRUCTION.—The dem- pants by race, gender, veteran status, and
‘‘(1) shall provide in person or online train- onstrated inability of an eligible entity to urban versus rural location;
ing and technical assistance to each eligible meet the contribution requirement under ‘‘(3) the retention rate for participants;
entity entering into a cooperative agreement paragraph (1) shall not disqualify the eligible ‘‘(4) the total and median amount of cap-
under this section at the beginning of the entity from entering into a cooperative ital accessed by participants, including the
participation of the eligible entity in the In- agreement under this section. type of capital accessed;
novation Centers Program, or as requested ‘‘(k) CONTRACT AUTHORITY.— ‘‘(5) the total and median number of em-
by the eligible entity, in order to build the ‘‘(1) IN GENERAL.—An eligible entity may ployees of participants;
capacity of the eligible entity and ensure enter into a contract with a Federal depart- ‘‘(6) the number and median wage of jobs
compliance with procedures established by ment or agency to provide specific assistance created by participants;
the Administrator; to startup, newly established, or growing ‘‘(7) the number of jobs sustained by par-
‘‘(2) shall ensure that the training and small business concerns. ticipants; and
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technical assistance described in paragraph ‘‘(2) PERFORMANCE.—Performance of a con- ‘‘(8) information regarding such other
(1) is provided at no cost or at a low cost; and tract entered into under paragraph (1) may metrics as the Administrator determines ap-
‘‘(3) may enter into a contract to provide not hinder the eligible entity in carrying out propriate.
the training or technical assistance de- the terms of the cooperative agreement ‘‘(o) FUNDING.—
scribed in paragraph (1) with 1 or more orga- under this section. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
nizations with expertise in the entrepre- ‘‘(3) EXEMPTION FROM MATCHING REQUIRE- There are authorized to be appropriated to
neurial development programs of the Admin- MENT.—A contract entered into under para- carry out this section—
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7743
‘‘(A) $4,000,000 for the first fiscal year be- ‘‘(ii) be in the Senior Executive Service. are socially or economically disadvantaged
ginning after the date of enactment of the ‘‘(B) DUTIES.—The Director shall— individuals;
Economic Justice Act; ‘‘(i) create and implement strategies and (C) develop recommendations for paid in-
‘‘(B) $7,500,000 for the second fiscal year be- programs that provide an integrated ap- ternships at the Office of Investment and In-
ginning after such date of enactment; and proach to the development of small business novation of the Administration and paid ap-
‘‘(C) $12,000,000 for each of the third, fourth, concerns in an underserved market; prenticeships at small business investment
and fifth fiscal years beginning after such ‘‘(ii) develop and recommend policies con- companies to build a pipeline of investment
date of enactment. cerning the microloan program and any managers who are diverse;
‘‘(2) ADMINISTRATIVE EXPENSES.—Of the other access to capital program of the Ad- (D) develop incentives for small business
amount made available to carry out this sec- ministration, as such programs pertain to investment companies to invest in socially
tion for any fiscal year, not more than 10 small business concerns in an underserved and economically disadvantaged small busi-
percent may be used by the Administrator market; ness concerns, as defined in section 8(4)(A) of
for administrative expenses.’’. ‘‘(iii) establish partnerships to advance the the Small Business Act (15 U.S.C.
(b) REGULATIONS.—The Administrator shall goal of improving the economic success of 637(a)(4)(A)); and
promulgate regulations to carry out section small business concerns in an underserved (E) establish metrics of success, and bench-
49 of the Small Business Act, as added by market; marks for success, with respect to the goals
subsection (a). ‘‘(iv) review the effectiveness and impact described in this section.
SEC. 4103. OFFICE OF EMERGING MARKETS. of the microloan program and any other ac- (2) AVAILABILITY OF MEETINGS.—The Work-
Section 7 of the Small Business Act (15 cess to capital program of the Administra- ing Group may make the meetings of the
U.S.C. 636) is amended by adding at the end tion that is targeted to serve small business Working Group open to the public without
the following: concerns in an underserved market; and regard to whether those meetings are held
‘‘(o) OFFICE OF EMERGING MARKETS.— ‘‘(v) within 1 year of the establishment of in-person, virtually, or by some other means.
‘‘(1) PURPOSE.—The purpose of this office is
the Office— (3) REPORT.—Not later than 270 days after
to reduce the access to capital gap by pro-
‘‘(I) create a proposal, in collaboration the date of enactment of this Act, the Work-
viding an integrated approach to the devel-
with lenders under section 7(a) and any asso- ing Group shall submit to the Committee on
opment of small business concerns in under-
ciation that represents those lenders, for Small Business and Entrepreneurship of the
served markets, including minority- and
how those lenders should incorporate alter- Senate and the Committee on Small Busi-
women-owned businesses, implementing
native metrics to traditional credit scores ness of the House of Representatives a report
strategy and providing guidance so they do
for the purposes of determining approvals that includes—
not get left behind.
under section 7(a); and (A) the recommendations of the Working
‘‘(2) DEFINITIONS.—In this subsection—
‘‘(II) put forward a public plan for how the Group developed under paragraph (1); and
‘‘(A) the term ‘Associate Administrator’
means the Associate Administrator of the Administration will adequately reach the ac- (B) a recommended plan and timeline for
Office of Capital Access of the Administra- cess to capital needs of underserved markets. implementing the recommendations de-
tion; ‘‘(C) CONSULTATION.—In carrying out the scribed in subparagraph (A).
‘‘(B) the term ‘Director’ means the Direc- duties under this paragraph, the Director (4) TERMINATION.—The Working Group
tor of the Office of Emerging Markets; shall consult with district offices of the Ad- shall terminate on the date on which the
‘‘(C) the term ‘microloan program’ means ministration.’’. Working Group submits the report required
the program described in subsection (m); SEC. 4104. SBIC DIVERSITY WORKING GROUP. under paragraph (3).
‘‘(D) the terms ‘new business’ and ‘small (a) DEFINITIONS.—In this section— (5) APPLICABILITY OF FEDERAL ADVISORY
business concern in an underserved market’ (1) the term ‘‘Administration’’ means the COMMITTEE ACT.—The Federal Advisory Com-
have the meanings given those terms in sub- Small Business Administration; mittee Act (5 U.S.C. App.) shall not apply
section (a)(37); (2) the term ‘‘Administrator’’ means the with respect to the Working Group or the ac-
‘‘(E) the term ‘Reservist’ means a member Administrator of the Administration; and tivities of the Working Group.
of a reserve component of the Armed Forces (3) the term ‘‘small business investment Subtitle B—Minority Business Resiliency
named in section 10101 of title 10, United company’’ has the meaning given the term in
States Code; section 103 of the Small Business Investment SEC. 4201. SHORT TITLE.
‘‘(F) the term ‘rural area’ has the meaning Act of 1958 (15 U.S.C. 662). This subtitle may be cited as the ‘‘Minor-
given the term in subsection (m)(11); (b) WORKING GROUP.— ity Business Resiliency Act of 2020’’.
‘‘(G) the term ‘service-connected’ has the (1) IN GENERAL.—Not later than 90 days
SEC. 4202. FINDINGS AND PURPOSES.
meaning given the term in section 101 of after the date of enactment of this Act, the
title 38, United States Code; and Administrator shall establish an SBIC Diver- (a) FINDINGS.—Congress finds the fol-
‘‘(H) the term ‘small business concern sity Working Group (referred to in this sub- lowing:
owned and controlled by socially and eco- section as the ‘‘Working Group’’), which (1) During times of economic downturn or
nomically disadvantaged individuals’ has the shall— recession, communities of color, and busi-
meaning given the term in section 8(d)(3)(C). (A) include— nesses within those communities, are gen-
‘‘(3) ESTABLISHMENT.—There is established (i) representatives among general partners erally more adversely affected, which re-
within the Administration the Office of of small business investment companies with quires an expansion of the ability of the Fed-
Emerging Markets, which shall be— a demonstrated record of promoting diver- eral Government to infuse resources into
‘‘(A) under the general management and sity at those companies; those communities.
oversight of the Administration; and (ii) representatives from small business in- (2) Despite the growth in the number of mi-
‘‘(B) responsible for the planning, coordina- vestment companies with a demonstrated nority business enterprises, gaps remain
tion, implementation, evaluation, and im- record of investing in small business con- with respect to key metrics for those enter-
provement of the efforts of the Adminis- cerns with not less than 1 owner or president prises, such as access to capital, revenue,
trator to enhance the economic well-being of who is socially or economically disadvan- number of employees, and survival rate. Spe-
small business concerns in an underserved taged, as determined under section 8(a) of cifically—
market. the Small Business Act (15 U.S.C. 637(a)); (A) according to the Department of Com-
‘‘(4) PURPOSES.—The purposes of the Office (iii) representatives from small business merce, minority business enterprises are 2 to
of Emerging Markets are— investment companies with substantial expe- 3 times more likely to be denied loans than
‘‘(A) to provide the Administration with an rience with respect to the program carried non-minority business enterprises;
integrated approach to the development of out under title III of the Small Business In- (B) according to the Bureau of the Census,
small business concerns in an underserved vestment Act of 1958 (15 U.S.C. 681 et seq.); the average non-minority business enterprise
market; (iv) representatives from the Office of In- reports receipts that are more than 3 times
‘‘(B) to reignite economic opportunity for vestment and Innovation of the Administra- higher than receipts reported by the average
underserved markets, particularly after an tion; and minority business enterprise; and
economic downturn; and (v) representatives from the investment in- (C) according to the Kauffman Founda-
‘‘(C) to oversee the expansion of access to dustry and academia with expertise in devel- tion—
capital programs that meet the needs of un- oping and monitoring diversity in the invest- (i) minority business enterprises are 1⁄2 as
derserved markets. ment industry; likely to employ individuals, as compared
‘‘(5) DIRECTOR.— (B) develop recommendations regarding with non-minority business enterprises; and
‘‘(A) IN GENERAL.—Not later than 180 days how the Administrator could increase the (ii) if minorities started and owned busi-
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after the date of enactment of this sub- number of— nesses at the same rate as non-minorities,
section, the Administrator shall appoint a (i) applicants to become small business in- the United States economy would have more
Director of the Office of Emerging Markets, vestment companies, the management of than 1,000,000 additional employer businesses
who shall— which includes individuals who are socially and more than 9,500,000 additional jobs.
‘‘(i) supervise the Office of Emerging Mar- or economically disadvantaged; and (3) Because of the conditions described in
kets and report to the Associate Adminis- (ii) the number of general partners at paragraph (2), it is in the interest of the
trator; and small business investment companies who United States and the economy of the United
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S7744 CONGRESSIONAL RECORD — SENATE December 18, 2020
States to expeditiously ameliorate the dis- (6) INSTITUTION OF HIGHER EDUCATION.—The (c) REPORT TO CONGRESS.—Not later than
parities that minority business enterprises term ‘‘institution of higher education’’ has 120 days after the date of enactment of this
experience. the meaning given the term in section 101 of Act, the Secretary shall submit to Congress
(4) Many individuals who own minority the Higher Education Act of 1965 (20 U.S.C. a report that describes—
business enterprises are socially disadvan- 1001). (1) the organizational structure of the
taged because those individuals identify as (7) MINORITY BUSINESS ENTERPRISE.—The Agency;
members of certain groups that have suffered term ‘‘minority business enterprise’’ means (2) the organizational position of the Agen-
the effects of discriminatory practices or a for-profit business enterprise— cy within the Department of Commerce; and
similar circumstances over which those indi- (A) that is not less than 51 percent-owned (3) a description of how the Agency shall
viduals have no control, including individ- by 1 or more socially disadvantaged individ- function in relation to the operations carried
uals who are— uals; and out by each other component of the Depart-
(A) Black or African American; (B) the management and daily business op- ment of Commerce.
(B) Hispanic or Latino; erations of which are controlled by 1 or more (d) OFFICE OF BUSINESS CENTERS.—
(C) American Indian or Alaska Native; socially disadvantaged individuals. (1) ESTABLISHMENT.—There is established
(D) Asian; and (8) PRIVATE SECTOR ENTITY.—The term within the Agency an Office of Business Cen-
(E) Native Hawaiian or other Pacific Is- ‘‘private sector entity’’— ters.
lander. (A) means an entity that is not a public (2) DIRECTOR.—The Office of Business Cen-
(5) Discriminatory practices and similar sector entity; and ters shall be administered by a Director, who
circumstances described in paragraph (4) are (B) does not include— shall be appointed by the Assistant Sec-
a significant determinant of overall eco- (i) the Federal Government; retary.
nomic disadvantage in the United States, (ii) any Federal agency; or (e) OFFICES OF THE AGENCY.—
which is evident in the persistent racial (iii) any instrumentality of the Federal (1) IN GENERAL.—The Assistant Secretary
wealth gap in the United States. Government. shall establish such other offices within the
(6) While other Federal agencies focus only (9) PUBLIC SECTOR ENTITY.—The term ‘‘pub- Agency as are necessary to carry out this
on small businesses and businesses that rep- lic sector entity’’ means— subtitle.
resent a broader demographic than solely (A) a State; (2) REGIONAL OFFICES.—
minority business enterprises, the Agency (B) an agency of a State; (A) IN GENERAL.—In order to carry out this
focuses exclusively on— (C) a political subdivision of a State; or subtitle, the Assistant Secretary may estab-
(A) the unique needs of minority business (D) an agency of a political subdivision of lish a regional office of the Agency for each
enterprises; and a State. of the regions of the United States, as deter-
(B) enhancing the capacity of minority (10) SECRETARY.—The term ‘‘Secretary’’ mined by the Assistant Secretary.
business enterprises. means the Secretary of Commerce. (B) DUTIES.—Each regional office estab-
(b) PURPOSES.—The purposes of this sub- (11) SOCIALLY DISADVANTAGED INDIVIDUAL.— lished under subparagraph (A) shall expand
title are to— (A) IN GENERAL.—The term ‘‘socially dis- the reach of the Agency and enable the Fed-
(1) require the Agency to promote and ad- advantaged individual’’ means an individual eral Government to better serve the needs of
minister programs in the public and private who has been subjected to racial or ethnic minority business enterprises in the region
sectors to assist the development of minor- prejudice or cultural bias because of the served by the office, including by—
ity business enterprises; and identity of the individual as a member of a (i) understanding and participating in the
(2) achieve the development described in group, without regard to any individual business environment of that region;
paragraph (1) by authorizing the Assistant quality of the individual that is unrelated to (ii) working with—
Secretary to carry out programs that will re- that identity. (I) Centers, as that term is defined in sec-
sult in increased access to capital, manage- (B) PRESUMPTION.—In carrying out this tion 4232, that are located in that region; and
ment, and technology for minority business subtitle, the Assistant Secretary shall pre- (II) resource and lending partners of the
enterprises. sume that the term ‘‘socially disadvantaged Small Business Administration that are lo-
SEC. 4203. DEFINITIONS. individual’’ includes any individual who is— cated in that region;
In this subtitle: (i) Black or African American; (iii) being aware of business retention or
(1) AGENCY.—The term ‘‘Agency’’ means (ii) Hispanic or Latino; expansion programs specific to that region;
the Minority Business Development Agency (iii) American Indian or Alaska Native; (iv) seeking out opportunities to collabo-
of the Department of Commerce. (iv) Asian; rate with regional public and private pro-
(2) ASSISTANT SECRETARY.—The term ‘‘As- (v) Native Hawaiian or other Pacific Is- grams that focus on minority business enter-
sistant Secretary’’ means the Assistant Sec- lander; or prises; and
retary of Commerce for Minority Business (vi) a member of a group that the Minority (v) promoting business continuity and pre-
Development who is appointed as described Business Development Agency determines paredness.
in section 4204(b) to administer this subtitle. under part 1400 of title 15, Code of Federal CHAPTER 1—COVID–19 RAPID RESPONSE
(3) FEDERAL AGENCY.—The term ‘‘Federal Regulations, as in effect on November 23,
agency’’ has the meaning given the term SEC. 4211. EMERGENCY APPROPRIATION.
1984, is a socially disadvantaged group eligi-
‘‘agency’’ in section 551 of title 5, United There is appropriated to the Agency for fis-
ble to receive assistance.
States Code. cal year 2021, out of any money in the Treas-
(12) STATE.—The term ‘‘State’’ means—
(4) FEDERALLY RECOGNIZED AREA OF ECO- ury not otherwise appropriated, $60,000,000 to
(A) each of the States of the United States; provide assistance to minority business en-
NOMIC DISTRESS.—The term ‘‘federally recog- (B) the District of Columbia;
nized area of economic distress’’ means— terprises affected by the economic downturn
(C) the Commonwealth of Puerto Rico; caused by the COVID–19 pandemic, which
(A) a HUBZone, as that term is defined in (D) the United States Virgin Islands;
section 31(b) of the Small Business Act (15 shall remain available until expended.
(E) Guam;
U.S.C. 657a(b)); CHAPTER 2—EXISTING INITIATIVES
(F) American Samoa;
(B) an area that— (G) the Commonwealth of the Northern Subchapter A—Market Development,
(i) has been designated as— Mariana Islands; and Research, and Information
(I) an empowerment zone under section (H) each Indian Tribe. SEC. 4221. PRIVATE SECTOR DEVELOPMENT.
1391 of the Internal Revenue Code of 1986; or SEC. 4204. MINORITY BUSINESS DEVELOPMENT The Assistant Secretary shall, whenever
(II) a Promise Zone by the Secretary of AGENCY. the Assistant Secretary determines such ac-
Housing and Urban Development; or (a) IN GENERAL.—There is within the De- tion is necessary or appropriate—
(ii) is a low or moderate income area, as partment of Commerce the Minority Busi- (1) assist minority business enterprises to
determined by the Bureau of the Census; ness Development Agency. penetrate domestic and foreign markets by
(C) a qualified opportunity zone, as that (b) ASSISTANT SECRETARY.— making available to those business enter-
term is defined in section 1400Z–1 of the In- (1) APPOINTMENT AND DUTIES.—The Agency prises, either directly or in cooperation with
ternal Revenue Code of 1986; or shall be headed by an Assistant Secretary of private sector entities, including commu-
(D) any other political subdivision or unin- Commerce for Minority Business Develop- nity-based organizations and national non-
corporated area of a State determined by the ment, who shall be— profit organizations—
Assistant Secretary to be an area of eco- (A) appointed by the President, by and (A) resources relating to management;
nomic distress. with the advice and consent of the Senate; (B) technological assistance;
(5) INDIAN TRIBE.— and (C) financial and marketing services; and
(A) IN GENERAL.—Subject to subparagraph (B) except as otherwise expressly provided, (D) services relating to workforce develop-
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(B), the term ‘‘Indian Tribe’’ has the mean- responsible for the administration of this ment;
ing given the term ‘‘Indian tribe’’ in section subtitle. (2) encourage minority business enterprises
4 of the Indian Self-Determination and Edu- (2) COMPENSATION.—The Assistant Sec- to establish joint ventures and projects—
cation Assistance Act (25 U.S.C. 5304). retary shall be compensated at an annual (A) with other minority business enter-
(B) NATIVE HAWAIIAN ORGANIZATION.—The rate of basic pay prescribed for level IV of prises; or
term ‘‘Indian Tribe’’ includes a Native Ha- the Executive Schedule under section 5315 of (B) in cooperation with public sector enti-
waiian organization. title 5, United States Code. ties or private sector entities, including
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7745
community-based organizations and national (1) assist minority business enterprises (A) operate on a fee-for-service basis; and
nonprofit organizations, to increase the to— (B) generate income through the collection
share of any market activity being per- (A) access capital and contracts; and of—
formed by minority business enterprises; and (B) create and maintain jobs; (i) client fees;
(3) facilitate the efforts of private sector (2) provide counseling and mentoring to (ii) membership fees;
entities and Federal agencies to advance the minority business enterprises; and (iii) success fees; and
growth of minority business enterprises. (3) facilitate the growth of minority busi- (iv) any other appropriate fees proposed by
SEC. 4222. PUBLIC SECTOR DEVELOPMENT. ness enterprises by promoting trade. the Center in the application submitted by
The Assistant Secretary shall, whenever SEC. 4232. DEFINITIONS. the Center for the MBDC agreement.
the Assistant Secretary determines such ac- In this subtitle: (b) TERM.—Subject to subsection (g), the
tion is necessary or appropriate— (1) CENTER.—The term ‘‘Center’’ means an term of an MBDC agreement shall be 3 years.
(1) consult and cooperate with public sec- eligible entity that enters into an MBDC (c) FINANCIAL ASSISTANCE.—
tor entities for the purpose of leveraging re- agreement with the Assistant Secretary. (1) MINIMUM AMOUNT.—Subject to para-
sources available in the jurisdictions of (2) ELIGIBLE ENTITY.—Except as otherwise graph (2), the amount of financial assistance
those public sector entities to promote the expressly provided, the term ‘‘eligible enti- provided by the Assistant Secretary under
position of minority business enterprises in ty’’— an MBDC agreement shall be not less than
the local economies of those public sector (A) means— $250,000 for the term of the MBDC agreement.
entities, including by assisting public sector (i) a private sector entity; or (2) ADDITIONAL AMOUNTS.—In determining
entities to establish or enhance— (ii) a public sector entity; and whether to award financial assistance under
(A) programs to procure goods and services (B) includes an institution of higher edu- an MBDC agreement to a Center in an
through minority business enterprises and cation. amount greater than $250,000, the Assistant
goals for that procurement; (3) MBDC AGREEMENT.—The term ‘‘MBDC Secretary shall take into consideration the
(B) programs offering assistance relating agreement’’ means a collaborative agree- cost of living and the size of the population
to— ment entered into between the Assistant in the area in which the Center is located.
(i) management; Secretary and a Center under the MBDC Pro- (3) MATCHING REQUIREMENT.—
(ii) technology; gram. (A) IN GENERAL.—A Center shall match not
(iii) financing; (4) MBDC PROGRAM.—The term ‘‘MBDC less than 1⁄3 of the amount of the financial
(iv) marketing; and Program’’ means the program established assistance awarded to the Center under an
(v) workforce development; and under section 4233. MBDC agreement.
(C) informational programs designed to in- SEC. 4233. ESTABLISHMENT.
(B) FORM OF FUNDS.—A Center may meet
form minority business enterprises located (a) IN GENERAL.—Subject to subsection (b), the matching requirement under subpara-
in the jurisdictions of those public sector en- there is established in the Agency a pro- graph (A) using cash or in-kind contribu-
tities about the availability of programs de- gram— tions, without regard to whether the con-
scribed in this section; (1) that shall be known as the Minority tribution is made by a third party.
(2) meet with leaders and officials of public Business Development Centers Program; (4) USE OF FINANCIAL ASSISTANCE AND PRO-
sector entities for the purpose of recom- (2) that shall be separate and distinct from GRAM INCOME.—A Center shall use—
mending and promoting local administrative the efforts of the Assistant Secretary under (A) all financial assistance awarded to the
and legislative initiatives needed to advance section 4221; and Center under an MBDC agreement to carry
the position of minority business enterprises (3) under which the Assistant Secretary out the requirements under subsection (a);
in the local economies of those public sector shall enter into cooperative agreements with and
entities; and eligible entities under which, in accordance (B) all income that the Center generates in
(3) facilitate the efforts of public sector en- with section 4234— carrying out the requirements under sub-
tities and Federal agencies to advance the (A) the eligible entities shall provide tech- section (a)—
growth of minority business enterprises. nical assistance and business development (i) to meet the matching requirement
SEC. 4223. RESEARCH AND INFORMATION. services to minority business enterprises; under paragraph (3) of this subsection; and
(a) IN GENERAL.—In order to achieve the and (ii) if the Center meets the matching re-
purposes of this subtitle, the Assistant Sec- (B) the Assistant Secretary shall provide quirement under paragraph (3) of this sub-
retary— financial assistance to the eligible entities section, to carry out the requirements under
(1) shall— to carry out the activities described in sub- subsection (a).
(A) collect and analyze data, including paragraph (A).
(b) COVERAGE.—The Assistant Secretary (d) CRITERIA FOR SELECTION.—The Assist-
data relating to the causes of the success or ant Secretary shall—
shall take all necessary actions to ensure
failure of minority business enterprises; (1) establish—
that the MBDC Program, in accordance with
(B) perform evaluations of programs car- (A) criteria that—
section 4234, offers the services described in
ried out by Federal agencies with an empha- (i) the Assistant Secretary shall use in de-
subsection (a)(3)(A) in all regions of the
sis on increasing coordination between Fed- United States. termining whether to enter into an MBDC
eral agencies with respect to the develop- (c) SCOPE OF AUTHORITY.—The authority of agreement with an eligible entity; and
ment of minority business enterprises; and the Assistant Secretary to enter into MBDC (ii) may include criteria relating to wheth-
(C) conduct research, studies, and surveys agreements shall be effective each fiscal year er an eligible entity is located in—
of— only to the extent that amounts are made (I) an area, the population of which is com-
(i) economic conditions generally in the available to the Assistant Secretary under posed of not less than 51 percent socially dis-
United States; and applicable appropriations Acts. advantaged individuals;
(ii) how the conditions described in clause SEC. 4234. COOPERATIVE AGREEMENTS. (II) a federally recognized area of economic
(i) particularly affect the development of mi- (a) REQUIREMENTS.—A Center shall, using distress; or
nority business enterprises; and financial assistance awarded to the Center (III) a State that is underserved with re-
(2) may, at the request of a public sector under an MBDC agreement— spect to the MBDC program, as defined by
entity or a private sector entity, perform an (1) provide to minority business enterprises the Assistant Secretary; and
evaluation of programs carried out by the programs and services determined to be ap- (B) standards relating to the consideration
entity that are designed to assist the devel- propriate by the Assistant Secretary, given to the criteria established under sub-
opment of minority business enterprises. which— paragraph (A); and
(b) INFORMATION CLEARINGHOUSE.—The As- (A) shall include referral services to meet (2) make the criteria and standards estab-
sistant Secretary shall— the needs of minority business enterprises; lished under paragraph (1) publicly available,
(1) establish and maintain an information and including—
clearinghouse for the collection and dissemi- (B) may include programs and services to (A) on the website of the Agency; and
nation of demographic, economic, financial, accomplish the goals described in section (B) in each solicitation for applications for
managerial, and technical data relating to 4221(1); MBDC agreements.
minority business enterprises; and (2) develop, cultivate, and maintain a net- (e) APPLICATIONS.—An eligible entity desir-
(2) take such steps as the Assistant Sec- work of strategic partnerships with organi- ing to enter into an MBDC agreement shall
retary may determine to be necessary and zations that foster access by minority busi- submit to the Assistant Secretary an appli-
desirable to search for, collect, classify, co- ness enterprises to economic markets or con- cation that includes—
ordinate, integrate, record, and catalog the tracts; (1) a statement of—
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data described in paragraph (1). (3) continue to upgrade and modify the (A) how the eligible entity will meet the
Subchapter B—Minority Business services provided by the Center, as nec- requirements under subsection (a); and
Development Center Program essary, in order to meet the changing and (B) any experience of the eligible entity
SEC. 4231. PURPOSE. evolving needs of the business community; in—
The purpose of the MBDC Program shall be (4) collaborate with other Centers; and (i) assisting minority business enterprises
to create a national network of public-pri- (5) in providing programs and services to—
vate partnerships that— under the MBDC agreement— (I) obtain—
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S7746 CONGRESSIONAL RECORD — SENATE December 18, 2020
(aa) large-scale contracts or procurements; Centers in carrying out the requirements CHAPTER 3—NEW INITIATIVES TO PRO-
or under subsection (a), including by— MOTE ECONOMIC RESILIENCY FOR MI-
(bb) financing; (1) providing to each Center training relat- NORITY BUSINESSES
(II) access established supply chains; and ing to the MBDC Program; SEC. 4241. ANNUAL DIVERSE BUSINESS FORUM
(III) engage in— (2) requiring that the operator and staff of ON CAPITAL FORMATION.
(aa) joint ventures, teaming arrangements, each Center— (a) RESPONSIBILITY OF AGENCY.—Not later
and mergers and acquisitions; or (A) attend— than 18 months after the date of enactment
(bb) large-scale transactions in global mar- (i) a conference with the Agency to estab- of this Act, and annually thereafter, the
kets; and lish the services and programs that the Cen- Agency shall conduct a Government-business
(ii) advocating for minority business enter- ter will provide in carrying out the require- forum to review the current status of prob-
prises; and ments before the date on which the Center lems and programs relating to capital forma-
(2) the budget and corresponding budget begins providing those services and pro- tion by minority business enterprises.
narrative that the eligible entity will use in grams; and (b) PARTICIPATION IN FORUM PLANNING.—
carrying out the requirements under sub- (ii) training provided under paragraph (1); The Assistant Secretary shall invite the
section (a) during the term of the MBDC (B) receive necessary advising relating to heads of other Federal agencies, such as the
agreement. carrying out the requirements under sub- Chairman of the Securities and Exchange
(f) NOTIFICATION.—If the Assistant Sec- section (a); and Commission, the Secretary of the Treasury,
retary grants an application of an eligible and the Chairman of the Board of Governors
(C) work in coordination and collaboration
entity submitted under subsection (e), the of the Federal Reserve System, organiza-
with the Assistant Secretary to carry out
Assistant Secretary shall notify the eligible tions representing State securities commis-
the MBDC Program and other programs of
entity that the application has been granted sioners, representatives of leading minority
the Agency;
not later than 150 days after the last day on chambers of commerce, business organiza-
(3) facilitating connections between Cen- tions, and professional organizations con-
which an application may be submitted ters and—
under that subsection. cerned with capital formation to participate
(A) Federal agencies other than the Agen- in the planning of each forum conducted
(g) PROGRAM EXAMINATION; ACCREDITATION; cy, including the Small Business Adminis-
EXTENSIONS.— under subsection (a).
tration and the Economic Development Ad- (c) PREPARATION OF STATEMENTS AND RE-
(1) EXAMINATION.—Not later than 180 days
ministration of the Department of Com- PORTS.—
after the date of enactment of this Act, and
merce; and (1) REQUESTS.—The Assistant Secretary
biennially thereafter, the Assistant Sec-
(B) other institutions or entities that use may request that any head of a Federal de-
retary shall conduct a programmatic finan-
Federal resources, including— partment, agency, or organization, including
cial examination of each Center.
(i) small business development centers, as those described in subsection (b), or any
(2) ACCREDITATION.—The Assistant Sec-
that term is defined in section 3(t) of the other group or individual, prepare a state-
retary may provide financial support, by
Small Business Act (15 U.S.C. 632(t)); ment or report to be delivered at any forum
contract or otherwise, to an association, not
(ii) women’s business centers described in conducted under subsection (a).
less than 51 percent of the members of which
section 29 of the Small Business Act (15 (2) COOPERATION.—Any head of a Federal
are Centers, to—
U.S.C. 656); department, agency, or organization who re-
(A) pursue matters of common concern
(iii) eligible entities, as that term is de- ceives a request under paragraph (1) shall, to
with respect to Centers; and
fined in section 2411 of title 10, United States the greatest extent practicable, cooperate
(B) develop an accreditation program with
Code, that provide services under the pro- with the Assistant Secretary to fulfill that
respect to Centers.
gram carried out under chapter 142 of that request.
(3) EXTENSIONS.— (d) TRANSMITTAL OF PROCEEDINGS AND
title; and
(A) IN GENERAL.—The Assistant Secretary FINDINGS.—The Assistant Secretary shall—
(iv) entities participating in the Hollings
may extend the term under subsection (b) of (1) prepare a summary of the proceedings
Manufacturing Extension Partnership Pro-
an MBDC agreement to which a Center is a of each forum conducted under subsection
gram established under section 25 of the Na-
party to a term of 5 years, if the Center con- (a), which shall include the findings and rec-
tional Institute of Standards and Technology
sents to the extension. ommendations of the forum; and
Act (15 U.S.C. 278k);
(B) FINANCIAL ASSISTANCE.—If the Assist- (2) transmit the summary described in
(4) monitoring projects carried out by each
ant Secretary extends the term of an MBDC paragraph (1) with respect to each forum
Center; and
agreement under paragraph (1), the Assistant conducted under subsection (a) to—
(5) establishing and enforcing administra-
Secretary shall, in the same manner and (A) the participants in the forum;
tive and reporting requirements for each
amount in which financial assistance was (B) Congress; and
Center to carry out the requirements under
provided during the initial term of the (C) the public, through a publicly available
subsection (a).
MBDC agreement, provide financial assist- website.
ance under the MBDC agreement during the (k) REGULATIONS.—The Assistant Secretary (e) REVIEW OF FINDINGS AND RECOMMENDA-
extended term of the MBDC agreement. shall issue and publish regulations that es- TIONS; PUBLIC STATEMENTS.—
(h) PRIORITY.—In entering into MBDC tablish minimum standards regarding (1) IN GENERAL.—A Federal agency to
agreements under the MBDC Program and verification of minority business enterprise which a finding or recommendation de-
extending MBDC agreements under sub- status for clients of entities operating under scribed in subsection (d)(1) relates shall—
section (g)(3), the Assistant Secretary shall the MBDC Program. (A) review that finding or recommenda-
give priority to extending MBDC agreements tion; and
under subsection (g)(3). SEC. 4235. MINIMIZING DISRUPTIONS TO EXIST- (B) promptly after the finding or rec-
(i) SUSPENSION, TERMINATION, AND REFUSAL ING BUSINESS CENTERS PROGRAM. ommendation is transmitted under para-
TO EXTEND.— graph (2)(C) of subsection (d), issue a public
The Assistant Secretary shall ensure that
(1) IN GENERAL.— statement—
each cooperative agreement entered into
(A) IN GENERAL.—The Assistant Secretary (i) assessing the finding or recommenda-
may suspend, terminate, or refuse to extend under the Business Centers program of the
tion; and
the term of an MBDC agreement on the basis Agency that is in effect on the day before the
(ii) disclosing the action, if any, the Fed-
of the poor performance by a Center in meet- date of enactment of this Act is carried out eral agency intends to take with respect to
ing the performance goals established by the in a manner that, to the greatest extent the finding or recommendation.
Secretary under subparagraph (B). practicable, prevents disruption of any activ- (2) JOINT STATEMENT PERMITTED.—If a find-
(B) PERFORMANCE GOALS.—The Assistant ity carried out under the cooperative agree- ing or recommendation described in sub-
Secretary shall establish performance goals ment. section (d)(1) relates to more than 1 Federal
by which to evaluate the performance of a agency, the applicable Federal agencies may,
Center in meeting the requirements under SEC. 4236. PUBLICITY.
for the purposes of the public statement re-
subsection (a). In carrying out the MBDC Program, the quired under paragraph (1)(B), issue a joint
(2) NOTICE.—Before suspending, termi- Assistant Secretary shall widely publicize statement.
nating, or refusing to extend the term of an the MBDC Program, including— SEC. 4242. AGENCY STUDY ON ALTERNATIVE FI-
MBDC agreement under paragraph (1), the (1) on the website of the Agency; and NANCING SOLUTIONS.
Assistant Secretary shall provide to the rel- (2) via social media outlets. (a) PURPOSE.—The purpose of this section
evant Center— is to provide information relating to alter-
(A) a written notice of the reasons for the SEC. 4237. AUTHORIZATION OF APPROPRIATIONS. native financing solutions to minority busi-
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suspension, termination, or refusal; and ness enterprises, as those business enter-
There are authorized to be appropriated to
(B) an opportunity for a hearing, appeal, or prises are more likely to struggle in access-
the Assistant Secretary $30,000,000 for each of
other administrative proceeding to contest ing, particularly at affordable rates, tradi-
the suspension, termination, or refusal. fiscal years 2021 through 2024 to carry out tional sources of capital.
(j) MBDA INVOLVEMENT.—The Assistant the MBDC Program, including the compo- (b) STUDY AND REPORT.—Not later than 1
Secretary shall ensure that the Agency is nent of the program relating to Specialty year after the date of enactment of this Act,
substantially involved in the activities of Centers. the Assistant Secretary shall—
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7747
(1) conduct a study on opportunities for diately preceding the date on which the re- garding financial assistance that will, or
providing alternative financing solutions to port is submitted, which shall include, with may, be made available under paragraph (1)
minority business enterprises; and respect to that fiscal year— in the first fiscal year that begins after the
(2) submit to Congress, and publish on the (A) a description of each curriculum devel- date on which the statement is published, in-
website of the Agency, a report describing oped and implemented under each grant cluding—
the findings of the study carried out under awarded under this section; (A) the actual, or anticipated, amount of
paragraph (1). (B) the date on which each grant awarded financial assistance that will, or may, be
SEC. 4243. EDUCATIONAL DEVELOPMENT RELAT- under this section was awarded; and made available;
ING TO MANAGEMENT AND ENTRE- (C) the number of eligible entities that (B) the types of financial assistance that
PRENEURSHIP. were recipients of grants awarded under this will, or may, be made available;
(a) DUTIES.—The Assistant Secretary shall, section. (C) the manner in which financial assist-
whenever the Assistant Secretary deter- ance will be allocated among public sector
CHAPTER 4—ADMINISTRATIVE AND
mines such action is necessary or appro- entities and private sector entities, as appli-
OTHER POWERS OF THE AGENCY; MIS-
priate— cable; and
CELLANEOUS PROVISIONS
(1) promote and provide assistance for the (D) the methodology used by the Assistant
education and training of socially disadvan- SEC. 4251. ADMINISTRATIVE POWERS.
(a) IN GENERAL.—In carrying out this sub- Secretary to make allocations under sub-
taged individuals in subjects directly relat- paragraph (C).
ing to business administration and manage- title, the Assistant Secretary may—
(1) adopt and use a seal for the Agency, (3) CONSULTATION.—The Assistant Sec-
ment; retary shall consult with public sector enti-
(2) join with, and encourage, institutions of which shall be judicially noticed;
(2) hold hearings, sit and act, and take tes- ties and private sector entities, as applica-
higher education, leaders in business and in-
timony as the Assistant Secretary may de- ble, in deciding the amounts and types of fi-
dustry, and other public sector and private
termine to be necessary or appropriate to nancial assistance to make available under
sector entities, particularly minority busi-
carry out this subtitle; paragraph (1).
ness enterprises, to—
(A) develop programs to offer scholarships (3) acquire, in any lawful manner, any (b) PUBLICITY.—In carrying out this sec-
and fellowships, apprenticeships, and intern- property that the Assistant Secretary may tion, the Assistant Secretary shall broadly
ships relating to business to socially dis- determine to be necessary or appropriate to publicize all opportunities for financial as-
advantaged individuals; and carry out this subtitle; sistance available under this section, includ-
(B) sponsor seminars, conferences, and (4) make advance payments under grants, ing—
similar activities relating to business for the contracts, and cooperative agreements (1) on the website of the Agency; and
benefit of socially disadvantaged individuals; awarded under this subtitle; (2) via social media outlets.
(3) stimulate and accelerate curriculum de- (5) enter into agreements with other Fed- SEC. 4253. AUDITS.
sign and improvement in support of develop- eral agencies;
ment of minority business enterprises; and (6) coordinate with the heads of the Offices (a) RECORDKEEPING REQUIREMENT.—Each
(4) encourage and assist private institu- of Small and Disadvantaged Business Utili- recipient of assistance under this subtitle
tions and organizations and public sector en- zation of Federal agencies; shall keep such records as the Assistant Sec-
tities to undertake activities similar to the (7) require a coordinated review of all retary shall prescribe, including records that
activities described in paragraphs (1), (2), and training and technical assistance activities fully disclose, with respect to the assistance
(3). that are proposed to be carried out by Fed- received by the recipient under this sub-
(b) PARREN J. MITCHELL ENTREPRENEUR- eral agencies in direct support of the devel- title—
SHIP EDUCATION GRANTS.— opment of minority business enterprises to— (1) the amount and nature of that assist-
(1) DEFINITION.—In this subsection, the (A) ensure consistency with the purposes of ance;
term ‘‘eligible institution’’ means an institu- this subtitle; and (2) the disposition by the recipient of the
tion of higher education described in any of (B) avoid duplication of existing efforts; proceeds of that assistance;
paragraphs (1) through (7) of section 371(a) of and (3) the total cost of the undertaking for
the Higher Education Act of 1965 (20 U.S.C. (8) prescribe such rules, regulations, and which the assistance is given or used;
1067q(a)). procedures as the Agency may determine to (4) the amount and nature of the portion of
(2) GRANTS.—The Assistant Secretary shall be necessary or appropriate to carry out this the cost of the undertaking described in
award grants to eligible institutions to de- subtitle. paragraph (3) that is supplied by a source
velop and implement entrepreneurship cur- (b) EMPLOYMENT OF CERTAIN EXPERTS AND other than the Agency; and
ricula. CONSULTANTS.— (5) any other records that will facilitate an
(3) REQUIREMENTS.—An eligible institution (1) IN GENERAL.—In carrying out this sub- effective audit of the assistance.
that receives a grant awarded under this sub- title, the Assistant Secretary may procure (b) ACCESS BY GOVERNMENT OFFICIALS.—
section shall use the grant funds to— by contract the temporary or intermittent The Assistant Secretary, the Inspector Gen-
(A) develop a curriculum that includes services of experts or consultants or an orga- eral of the Department of Commerce, and the
training in various skill sets needed by con- nization thereof, as authorized under section Comptroller General of the United States, or
temporary successful entrepreneurs, includ- 3109 of title 5, United States Code. any duly authorized representative of any
ing— (2) RENEWAL OF CONTRACTS.—The Assistant such individual, shall have access, for the
(i) business management and marketing; Secretary may annually renew a contract purpose of audit, investigation, and examina-
(ii) financial management and accounting; entered into under paragraph (1). tion, to any book, document, paper, record,
(iii) market analysis; (c) DONATION OF PROPERTY.— or other material of a recipient of assistance
(iv) competitive analysis; (1) IN GENERAL.—Subject to paragraph (2), under this subtitle that pertains to the as-
(v) innovation; in carrying out this subtitle, the Assistant sistance received by the recipient under this
(vi) strategic planning; and Secretary may, without cost (except for subtitle.
(vii) any other skill set that the eligible in- costs of care and handling), donate for use by
stitution determines is necessary for the stu- any public sector entity, or by any recipient SEC. 4254. REVIEW AND REPORT BY COMP-
nonprofit organization, for the purpose of TROLLER GENERAL.
dents served by the eligible institution and
the community in which the eligible institu- the development of minority business enter- Not later than 4 years after the date of en-
tion is located; and prises, any real or tangible personal property actment of this Act, the Comptroller General
(B) implement the curriculum developed acquired by the Agency in carrying out this of the United States shall—
under subparagraph (A) at the eligible insti- subtitle. (1) conduct a thorough review of the pro-
tution. (2) TERMS, CONDITIONS, RESERVATIONS, AND grams carried out under this subtitle; and
(4) IMPLEMENTATION TIMELINE.—The Assist- RESTRICTIONS.—The Assistant Secretary may (2) submit to Congress a detailed report of
ant Secretary shall establish and publish a impose reasonable terms, conditions, res- the findings of the Comptroller General of
timeline under which an eligible institution ervations, and restrictions upon the use of the United States under the review carried
that receives a grant under this section shall any property donated under paragraph (1). out under paragraph (1), which shall in-
carry out the requirements under paragraph SEC. 4252. FINANCIAL ASSISTANCE. clude—
(3). (a) IN GENERAL.— (A) an evaluation of the effectiveness of
(5) REPORTS.—Each year, the Assistant (1) PROVISION OF FINANCIAL ASSISTANCE.— the programs in achieving the purposes of
Secretary shall submit to the Committee on To carry out sections 4221, 4222, and 4223(a), this subtitle;
Commerce, Science, and Transportation of the Assistant Secretary may provide finan- (B) a description of any failure by any re-
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the Senate and the Committee on Energy cial assistance to public sector entities and cipient of assistance under this subtitle to
and Commerce of the House of Representa- private sector entities in the form of con- comply with the requirements under this
tives, as part of the annual budget submis- tracts, grants, or cooperative agreements. subtitle; and
sion of the President under section 1105(a) of (2) NOTICE.—Not later than 120 days before (C) recommendations for any legislative or
title 31, United States Code, a report evalu- the first day of each fiscal year, the Assist- administrative action that should be taken
ating the awarding and use of grants under ant Secretary shall, in accordance with sub- to improve the achievement of the purposes
this subsection during the fiscal year imme- section (b), broadly publish a statement re- of this subtitle.
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S7748 CONGRESSIONAL RECORD — SENATE December 18, 2020
SEC. 4255. ANNUAL REPORTS; RECOMMENDA- ‘‘(ii) the amount of the credit determined ‘‘(4) SPECIAL RULES FOR PASS-THRU ENTI-
TIONS. under this section with respect to such quali- TIES.—For purposes of this subsection, if a
(a) ANNUAL REPORT.—Not later than 90 fied investment of the taxpayer for all pre- qualified investment in a qualifying business
days after the last day of each fiscal year, ceding taxable years. entity is made by a partnership, trust, S cor-
the Assistant Secretary shall submit to Con- ‘‘(2) OVERALL DOLLAR LIMITATION.— poration, or other pass-thru entity, the limi-
gress, and publish on the website of the ‘‘(A) IN GENERAL.—The credit amount de- tations under this subsection with respect to
Agency, a report of each activity of the termined under paragraph (1) with respect to the qualified investment shall apply at the
Agency carried out under this subtitle dur- any qualified investment of a taxpayer in a partnership or other entity level and not at
ing the fiscal year preceding the date on qualifying business entity for any taxable the partner or similar level.
which the report is submitted. year shall not exceed the lesser of—
(b) RECOMMENDATIONS.—The Assistant Sec- ‘‘(i) $10,000 (as increased for the taxable ‘‘(c) QUALIFIED INVESTMENT.—For purposes
retary shall periodically submit to Congress year by the cost-of-living adjustment under of this section—
and the President recommendations for leg- subsection (e)(2)), or ‘‘(1) IN GENERAL.—The term ‘qualified in-
islation or other actions that the Assistant ‘‘(ii) an amount equal to— vestment’ means, with respect to any quali-
Secretary determines to be necessary or ap- ‘‘(I) an amount equal to 5 times the fying business entity, either of the following
propriate to promote the purposes of this amount under clause (i) for the taxable year, of the taxpayer:
subtitle. reduced (but not below zero) by ‘‘(A) The direct or indirect acquisition of
SEC. 4256. SEPARABILITY. ‘‘(II) the amount of the credit determined stock, or a capital interest, in the entity at
If a provision of this subtitle, or the appli- under this section with respect to such quali- its original issue solely in exchange for cash.
cation of a provision of this subtitle to any fied investment of the taxpayer for all pre- ‘‘(B) A qualifying loan made to the entity.
person or circumstance, is held by a court of ceding taxable years. If a taxpayer has or had more than 1 quali-
competent jurisdiction to be invalid, that ‘‘(B) NO CREDIT AMOUNT BY REASON OF COST- fied investment in any qualifying business
judgment— OF-LIVING ADJUSTMENT AFTER OVERALL LIMIT entity for the taxable year or any prior tax-
(1) shall not affect, impair, or invalidate— FIRST REACHED.—No credit amount shall be able year, all such investments shall be
(A) any other provision of this subtitle; or determined under this section with respect treated as a single qualified investment for
(B) the application of this subtitle to any to any qualified investment of a taxpayer in purposes of applying this section.
other person or circumstance; and a qualifying business entity for any taxable ‘‘(2) EXCEPTION FOR INVESTMENTS MADE BY
(2) shall be confined in its operation to— year after the first taxable year for which QUALIFIED ACTIVE INVESTORS AND RELATED
(A) the provision of this subtitle with re- the amount determined under subclause (II) PERSONS.—Such term shall not include any
spect to which the judgment is rendered; or of subparagraph (A)(ii) equals or exceeds the acquisition or loan made by a taxpayer who,
(B) the application of the provision of this amount determined under subclause (I) of immediately before the acquisition or loan,
subtitle to each person or circumstance di- such subparagraph. is a qualified active investor in the quali-
rectly involved in the controversy in which ‘‘(3) REDUCTION IN CREDIT AMOUNT WHERE fying business entity or is related to any
the judgment is rendered. LOAN RATE EXCEEDS PRIME RATE.— qualified active investor.
SEC. 4257. EXECUTIVE ORDER 11625. ‘‘(A) IN GENERAL.—If— ‘‘(3) AMOUNT OF QUALIFIED INVESTMENT.—
The powers and duties of the Agency shall ‘‘(i) the rate of interest (expressed as an The amount of a taxpayer’s qualified invest-
be determined— annual percentage rate) on a qualified in- ment with respect to any qualifying business
(1) in accordance with this subtitle and the vestment which is a qualifying loan, exceeds entity for any taxable year shall be the
requirements of this subtitle; and ‘‘(ii) the bank prime rate as of the first day monthly average for months ending within
(2) without regard to Executive Order 11625 of the month in which the loan is entered the taxable year of—
(36 Fed Reg. 19967; relating to prescribing ad- into (or such other time as the Secretary ‘‘(A) the taxpayer’s aggregate unadjusted
ditional arrangements for developing and co- may specify), bases in all stock or interests described in
ordinating a national program for minority then each of the amounts determined under paragraph (1)(A) as of the close of each such
business enterprise). subparagraphs (A) and (B)(i) of paragraph (1) month, and
SEC. 4258. AMENDMENT TO THE FEDERAL ACQUI- shall be reduced (but not below zero) by the ‘‘(B) the aggregate outstanding principal
SITION STREAMLINING ACT OF 1994. amount which bears the same ratio to such amount of all qualified loans described in
Section 7104(c) of the Federal Acquisition amount as the number of full percentage paragraph (1)(B) as of the close of each such
Streamlining Act of 1994 (15 U.S.C. 644a(c)) is points by which such rate of interest exceeds month.
amended by striking paragraph (2) and in- such bank prime rate bears to 25. ‘‘(4) SPECIAL RULES FOR TRANSFERS OF
serting the following: ‘‘(B) SPECIAL RULES WHERE QUALIFYING QUALIFYING LOANS.—
‘‘(2) The Assistant Secretary of Commerce LOANS TREATED AS PART OF SINGLE INVEST-
‘‘(A) IN GENERAL.—If a taxpayer sells, ex-
for Minority Business Development.’’. MENT.—If 1 or more qualifying loans to which
changes, or otherwise transfers all or any
subparagraph (A) applies are treated as part portion of a qualifying loan which is a quali-
Subtitle C—PRIME Program
of a single qualified investment under sub- fied investment in a qualifying business enti-
SEC. 4301. FUNDING FOR PRIME PROGRAM.
section (c)(1), then, for purposes of this sub- ty, such investment shall be treated as a
Out of any money in the Treasury not oth- section—
erwise appropriated, there are appropriated, qualified investment in the hands of the
‘‘(i) the credit amount under paragraph (1)
for each of fiscal years 2021 and 2022, to the transferee (and not of the transferor) for pe-
for such single qualified investment shall be
Administrator of the Small Business Admin- riods after the transfer. This paragraph shall
the sum of such credit amounts computed
istration, $15,000,000 to carry out the PRIME also apply to any subsequent transfer of such
separately for each such qualifying loan and
Act (15 U.S.C. 6901 et seq.). interest.
such credit amount computed for all other
Subtitle D—Providing Real Opportunities for ‘‘(B) COORDINATION OF LIMITS.—In applying
qualified investments treated as part of such
Growth to Rising Entrepreneurs for Sus- subsection (b) to any qualifying loan treated
single qualified investment, and
tained Success as a qualified investment of a transferee
‘‘(ii) the limitation under paragraph (2)
under this paragraph—
SEC. 4401. ANGEL INVESTOR TAX CREDIT. shall be applied to such sum.
‘‘(i) all credits determined under this sec-
(a) IN GENERAL.—Subpart D of part IV of ‘‘(C) RULES RELATING TO INTEREST RATES.—
tion for any periods before the transfer with
subchapter A of chapter 1 of the Internal ‘‘(i) ANNUAL PERCENTAGE RATE.—The Sec-
respect to the qualified investment of any
Revenue Code of 1986 is amended by adding retary shall prescribe guidance or regula-
prior holder of such investment shall be
at the end the following new section: tions for the calculation of the annual per-
taken into account under paragraphs
‘‘SEC. 45U. ANGEL INVESTOR TAX CREDIT. centage rate of interest on a loan for pur-
(1)(B)(ii) and (2)(A)(ii)(II) of such subsection
‘‘(a) GENERAL RULE.—For purposes of sec- poses of subparagraph (A)(i), including rules
in the same manner as if such credits were
tion 38, the angel investor credit determined which provide for—
determined for the transferee for prior tax-
under this section for any taxable year is an ‘‘(I) the calculation of the annual percent-
able years, and
amount equal to the sum of the credit age rate in cases where there is a variable
‘‘(ii) if only a portion of the qualified in-
amounts determined for the taxable year for rate of interest,
vestment was transferred, the amount taken
all qualified investments of the taxpayer. ‘‘(II) the recalculation of the annual per-
into account under such paragraphs by rea-
‘‘(b) CREDIT AMOUNT.—For purposes of this centage rate where the terms of the loan are
son of clause (i) shall be ratably reduced to
section— modified after the loan is entered into, and
reflect only the portion so transferred.
‘‘(1) IN GENERAL.—The term ‘credit ‘‘(III) the proper taking into account of
amount’ means, with respect to any qualified lump sum payments, orientation and appli- ‘‘(d) QUALIFYING BUSINESS ENTITY.—For
investment in a qualifying business entity, cation fees, closing fees, invoice discounting purposes of this section—
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the lesser of— fees, and any other loan fees. ‘‘(1) DEFINITION.—
‘‘(A) 10 percent of the amount of the quali- ‘‘(ii) BANK PRIME RATE.—For purposes of ‘‘(A) IN GENERAL.—The term ‘qualifying
fied investment determined under subsection subparagraph (A)(ii), the term ‘bank prime business entity’ means, with respect to any
(c)(3) for the taxable year, or rate’ means the average predominant prime qualified investment, any entity which is en-
‘‘(B) an amount equal to— rate quoted by commercial banks to large gaged in the active conduct of 1 or more
‘‘(i) 50 percent of such qualified invest- businesses, as determined by the Board of trades or businesses and with respect to
ment, reduced (but not below zero) by Governors of the Federal Reserve System. which—
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7749
‘‘(i) the qualified active investor ownership ‘‘(ii) include such certification, and the ‘‘(B) the cost-of-living adjustment under
requirements of paragraph (2) are met imme- names, addresses, and taxpayer identifica- section 1(f)(3) for the calendar year in which
diately before and after the qualified invest- tion numbers of the entity’s qualified active the taxable year begins, determined by sub-
ment, investors and the persons making the quali- stituting ‘2020’ for ‘2016’ in subparagraph
‘‘(ii) the wage requirements of paragraph fied investment, with its return of tax for (A)(ii) thereof.
(3) are met, and the taxable year which includes the date of If any increase in such $10,000 amount is not
‘‘(iii) the certification requirements of the qualified investment. a multiple of $100, such increase shall be
paragraph (4) are met. ‘‘(C) CERTIFICATION INCLUDED WITH RETURN rounded to the next lowest multiple of $100
‘‘(B) ENTITIES UNDER COMMON CONTROL.— CLAIMING CREDIT.—No credit shall be deter- and if any increase in such $100,000 amount is
For purposes of this section, all qualifying mined under subsection (a) with respect to not a multiple of $1,000, such increase shall
business entities treated as a single em- any taxpayer making a qualified investment be rounded to the next lowest multiple of
ployer under subsection (a) or (b) of section in a qualifying business entity unless the $1,000.
52 or subsection (m) or (o) of section 414 shall taxpayer includes the certification under ‘‘(3) RULES RELATING TO ENTITIES.—
be treated as a single qualifying business en- subparagraph (A) with respect to the invest- ‘‘(A) SOLE PROPRIETORSHIPS.—If a taxpayer
tity. ment with its return of tax for any taxable carries on 1 or more trades or businesses as
‘‘(2) QUALIFIED ACTIVE INVESTOR OWNERSHIP year for which such credit is being claimed. sole proprietorships, all such trades or busi-
REQUIREMENTS.—The requirements of this ‘‘(D) TIMELY FILED RETURN REQUIRED.—The nesses shall be treated as a single entity for
paragraph are met with respect to any entity requirements of subparagraph (B)(ii) or (C) purposes of applying this section.
if qualified active investors own directly or shall be treated as met only if the return de- ‘‘(B) APPLICATION TO DISREGARDED ENTI-
indirectly— scribed in such subparagraph is filed on or TIES.—In the case of any entity with a single
‘‘(A) in the case of a corporation, more before its due date (including extensions). owner which is disregarded as an entity sepa-
than 50 percent (by vote and value) of the ‘‘(5) QUALIFIED ACTIVE INVESTOR.— rate from its owner for purposes of this title,
stock in the corporation, and ‘‘(A) IN GENERAL.—The term ‘qualified ac- this section shall be applied in the same
‘‘(B) in the case of any other entity, more tive investor’ means, with respect to any en- manner as if such entity were a corporation.
than 50 percent of the capital or profits in- tity, an individual who— ‘‘(f) REGULATIONS.—The Secretary shall
terests in the entity. ‘‘(i) is a citizen or resident of the United prescribe such regulations or other guidance
‘‘(3) WAGE REQUIREMENTS.— States, as may be necessary to carry out the provi-
‘‘(A) IN GENERAL.—The requirements of ‘‘(ii) materially participates (within the sions of this section.’’.
this paragraph are met with respect to any meaning of section 469(h)) in 1 or more trades (b) CREDIT TO BE PART OF GENERAL BUSI-
entity if the entity, during the taxable year or businesses actively conducted by the enti- NESS CREDIT.—Section 38(b) of such Code is
of the entity preceding the taxable year in ty, amended by striking ‘‘plus’’ at the end of
which the qualified investment is made— ‘‘(iii) holds stock, or a capital or profits in- paragraph (32), by striking the period at the
‘‘(i) employed at least 1 full-time em- terest, in the entity, and end of paragraph (33) and inserting ‘‘, plus’’,
ployee, or employees constituting a full-time ‘‘(iv) meets the income requirements of and by adding at the end the following new
equivalent employee, in 1 or more trades or subparagraph (B). paragraph:
businesses actively conducted by the entity, ‘‘(B) INCOME REQUIREMENTS.—The require- ‘‘(34) the angel investor credit determined
and ments of this subparagraph are met with re-
under section 45U(a).’’.
‘‘(ii) paid W–2 wages to such employee or spect to an individual if the average annual
(c) CREDIT ALLOWED AGAINST ALTERNATIVE
employees with respect to such employment. taxable income of the individual for the 3
MINIMUM TAX.—Section 38(c)(4)(B) of such
‘‘(B) CERTAIN WAGES NOT TAKEN INTO AC- taxable years of the individual immediately
Code is amended by redesignating clauses
COUNT.—W–2 wages shall not be taken into preceding the taxable year in which the
(x), (xi), and (xii) as clauses (xi), (xii), and
account under subparagraph (A) if paid by an qualified investment is made does not exceed
(xiii), respectively, and by inserting after
entity to an employee, and such employee the applicable amount.
clause (ix) the following new clause:
shall not be taken into account under sub- ‘‘(C) APPLICABLE AMOUNT.—For purposes of
‘‘(x) the credit determined under section
paragraph (A)(i), during any period the em- this paragraph, the term ‘applicable amount’
ployee is— means, with respect to any taxable year in 45U,’’.
‘‘(i) a qualified active investor, or which a qualified investment is made— (d) CLERICAL AMENDMENT.—The table of
‘‘(ii) an employee other than a qualified ac- ‘‘(i) in the case of an individual not de- sections for subpart D of part IV of sub-
tive investor who is a 5-percent owner (as de- scribed in clause (ii), $100,000 (as increased chapter A of chapter 1 of such Code is
fined in section 416(i)(1)(B)(i)) of the entity. for the taxable year by the cost-of-living ad- amended by adding at the end the following
‘‘(C) W–2 WAGES.—The term ‘W–2 wages’ justment under subsection (e)(2)), and new item:
means, with respect to any entity, the ‘‘(ii) in the case of an individual who is a ‘‘Sec. 45U. Angel investor tax credit.’’.
amounts described in paragraphs (3) and (8) married individual filing a joint return or (e) EFFECTIVE DATE.—The amendments
of section 6051(a) paid by the entity with re- who is a head of household (as defined in sec- made by this section shall apply to qualified
spect to employment of employees by the en- tion 2(b)) for the taxable year, an amount investments made in taxable years beginning
tity. Such term shall not include any equal to 2 times the amount in effect under after December 31, 2020.
amount which is not properly included in a clause (i) for the taxable year. SEC. 4402. FIRST EMPLOYEE BUSINESS WAGE
return filed with the Social Security Admin- CREDIT.
‘‘(D) RULES FOR DETERMINING AVERAGE TAX-
istration on or before the 60th day after the ABLE INCOME.—For purposes of this para- (a) ALLOWANCE OF CREDIT.—
due date (including extensions) for such re- graph— (1) IN GENERAL.—Subpart D of part IV of
turn. ‘‘(i) a married individual filing a separate subchapter A of chapter 1 of the Internal
‘‘(D) FULL-TIME EMPLOYEES AND EQUIVA- return of tax for any taxable year shall in- Revenue Code of 1986, as amended by section
LENTS.—For purposes of this paragraph— clude the taxable income of their spouse in 4401, is amended by adding at the end the fol-
‘‘(i) the term ‘full-time employee’ has the computing the individual’s average taxable lowing new section:
meaning given to such term by section income for any period unless the Secretary ‘‘SEC. 45V. FIRST EMPLOYEE BUSINESS WAGE
4980H(c)(4), and determines that the spouse’s information is CREDIT.
‘‘(ii) the determination of the number of not available to the individual, and ‘‘(a) GENERAL RULE.—For purposes of sec-
employees constituting a full-time equiva- ‘‘(ii) the Secretary shall prescribe rules for tion 38, in the case of a qualifying business
lent shall be made in the same manner as the determination of average taxable income entity, the first employee business wage
under section 4980H(c)(2)(E). in cases where the individual had different credit determined under this section for any
‘‘(4) CERTIFICATION REQUIREMENTS.— filing statuses for the 3 taxable years de- taxable year is an amount equal to 25 per-
‘‘(A) IN GENERAL.—The requirements of scribed in subparagraph (B). cent of the qualified wages of the entity for
this paragraph are met with respect to any ‘‘(e) DEFINITIONS AND SPECIAL RULES.—For the taxable year.
entity if the entity certifies, in such form purposes of this section— ‘‘(b) DOLLAR LIMITATIONS.—
and manner and at such time as the Sec- ‘‘(1) RELATED PERSONS.—A person shall be ‘‘(1) IN GENERAL.—The amount of the credit
retary may prescribe, that, at the time of treated as related to another person if the determined under subsection (a) with respect
the qualified investment, the entity— person bears a relationship to such other to any qualifying business entity for any
‘‘(i) is engaged in the active conduct of 1 or person described in section 267(b), except taxable year shall not exceed the lesser of—
more trades or businesses, and that section 267(b) shall be applied by sub- ‘‘(A) $10,000 (as increased for the taxable
‘‘(ii) meets the requirements of paragraphs stituting ‘5 percent’ for ‘50 percent’ each year by the cost-of-living adjustment under
(2) and (3) to be treated as a qualifying busi- place it appears. subsection (f)), or
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ness entity. ‘‘(2) COST-OF-LIVING ADJUSTMENTS.—In the ‘‘(B) the excess (if any) of—
‘‘(B) CERTIFICATION PROVIDED TO INVESTORS case of any taxable year beginning after 2021, ‘‘(i) an amount equal to 4 times the
AND SECRETARY.—An entity shall— the $10,000 amount under subsection amount under subparagraph (A) for the tax-
‘‘(i) provide the certification under sub- (b)(2)(A)(i) and the $100,000 amount under able year, over
paragraph (A) to the person making the subsection (d)(5)(C)(i) shall each be increased ‘‘(ii) the amount of the credit determined
qualified investment at the time such invest- by an amount equal to— under this section with respect to such enti-
ment is made, and ‘‘(A) such dollar amount, multiplied by ty for all preceding taxable years.
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S7750 CONGRESSIONAL RECORD — SENATE December 18, 2020
‘‘(2) NO CREDIT BY REASON OF COST-OF-LIV- ‘‘(i) IN GENERAL.—All qualifying business ‘‘(f) COST-OF-LIVING ADJUSTMENTS.—In the
ING ADJUSTMENT AFTER OVERALL LIMIT FIRST entities treated as a single employer under case of any taxable year beginning after 2021,
REACHED.—No credit shall be determined subsection (a) or (b) of section 52 or sub- the $10,000 amount under subsection (b)(1)(A)
under this section with respect to any quali- section (m) or (o) of section 414 shall be shall be increased by an amount equal to—
fying business entity for any taxable year treated as a single qualifying business enti- ‘‘(1) such dollar amount, multiplied by
after the first taxable year for which the ty. ‘‘(2) the cost-of-living adjustment under
amount determined under clause (ii) of para- ‘‘(ii) ALLOCATION OF CREDIT.—Except as section 1(f)(3) for the calendar year in which
graph (1)(B) equals or exceeds the amount de- provided in regulations, the credit under this the taxable year begins, determined by sub-
termined under clause (i) of such paragraph. section shall be allocated among the entities stituting ‘2020’ for ‘2016’ in subparagraph
‘‘(3) PASS-THRU ENTITIES.—If a qualifying comprising the single entity described in (A)(ii) thereof.
business entity is a partnership, trust, S cor- clause (i) in proportion to the qualified If any increase in such amount is not a mul-
poration, or other pass-thru entity, the limi- wages of each such entity taken into account tiple of $100, such increase shall be rounded
tations under this subsection shall apply at under subsection (a). to the next lowest multiple of $100.
the partnership or other entity level and not ‘‘(2) CERTIFICATION REQUIREMENTS.— ‘‘(g) OTHER RULES.—For purposes of this
at the partner or similar level. ‘‘(A) IN GENERAL.—The requirements of section—
‘‘(c) QUALIFIED WAGES.—For purposes of this paragraph are met with respect to any ‘‘(1) RULES RELATING TO ENTITIES.—Rules
this section— entity for any taxable year described in similar to the rules of section 45U(e)(3) shall
‘‘(1) IN GENERAL.—The term ‘qualified paragraph (1) if the entity certifies, in such apply.
wages’ means, with respect to any qualifying form and manner and at such time as the ‘‘(2) ELECTION NOT TO HAVE CREDIT APPLY.—
business entity, the amount of W–2 wages Secretary may prescribe, that the entity ‘‘(A) IN GENERAL.—A taxpayer may elect
paid or incurred during any eligible taxable meets the requirements described in clauses not to have this section apply for any tax-
year to employees for services performed in (i) and (ii) of paragraph (1)(A). able year.
connection with the active conduct of a ‘‘(B) CERTIFICATION PROVIDED TO SEC- ‘‘(B) OTHER RULES.—Rules similar to the
trade or business by the entity. RETARY.—An entity shall include the certifi- rules of paragraphs (2) and (3) of section 51(j)
‘‘(2) EXCEPTION FOR QUALIFIED ACTIVE IN- cation under subparagraph (A), and the shall apply for purposes of this paragraph.
VESTORS AND 5-PERCENT OWNER-EMPLOYEES.— ‘‘(3) CERTAIN OTHER RULES MADE APPLICA-
names, addresses, and taxpayer identifica-
W–2 wages shall not be taken into account tion numbers of the entity’s qualified active BLE.—Rules similar to the rules of sub-
under paragraph (1) if paid by an entity to an investors (and employees who are 5-percent sections (c), (d), and (e) of section 52 shall
employee, and such employee shall not be apply.
owners described in subsection (c)(2)(B)),
taken into account under paragraph (3)(A), ‘‘(h) REGULATIONS.—The Secretary shall
with its return of tax for the taxable year to
during any period the employee is— prescribe such regulations or other guidance
which the certification relates. The require-
‘‘(A) a qualified active investor, or as may be necessary to carrying out the pro-
ment of this subparagraph is met only if
‘‘(B) an employee other than a qualified ac- visions of this section, including regula-
such return is filed before its due date (in-
tive investor who is a 5-percent owner (as de- tions—
cluding extensions).
fined in section 416(i)(1)(B)(i)) of the entity. ‘‘(1) preventing the avoidance of the limi-
‘‘(3) QUALIFIED ACTIVE INVESTOR.—For pur-
‘‘(3) ELIGIBLE TAXABLE YEAR.— tations under this section in cases in which
poses of this section (including applying the
‘‘(A) IN GENERAL.—The term ‘eligible tax- there is a successor or new qualified business
able year’ means any taxable year of a quali- requirements of paragraph (2) of section
45U(d) for purposes of paragraph (1)(A)(ii)), entity with respect to the same trade or
fying business entity— business for which a predecessor qualified
‘‘(i) which occurs during the period— the term ‘qualified active investor’ has the
same meaning given such term by section business entity already claimed the credit
‘‘(I) beginning with the first taxable year under this section,
of the entity in which the entity employed 45U(d)(5), except that such section shall be
applied separately for each taxable year de- ‘‘(2) to minimize compliance and record-
at least 1 full-time employee (or employees keeping burdens under the provisions of this
constituting a full-time equivalent em- scribed in paragraph (1) (rather than the tax-
able year of the qualified investment). section, and
ployee) in 1 or more trades or businesses ac- ‘‘(3) for recapturing the benefit of credits
tively conducted by the entity during the ‘‘(e) ELECTION TO APPLY CREDIT AGAINST determined under section 3111(g) in cases
taxable year and paid W–2 wages to such em- PAYROLL TAXES.— where there is a recapture or a subsequent
ployee or employees with respect to such em- ‘‘(1) IN GENERAL.—At the election of a adjustment to the payroll tax credit portion
ployment, and qualifying business entity, section 3111(g) of the credit determined under subsection
‘‘(II) ending with the last taxable year for shall apply to the payroll tax credit portion (a), including requiring amended income tax
which a credit may be determined for the en- of the credit otherwise determined under returns in the cases where there is such an
tity under this section by reason of the limi- subsection (a) for the taxable year and such adjustment.’’.
tation under subsection (b)(2), and portion shall not be treated (other than for (2) CREDIT TO BE PART OF GENERAL BUSINESS
‘‘(ii) in the case of a taxable year other purposes of section 280C) as a credit deter- CREDIT.—Section 38(b) of such Code, as
than the first taxable year described in mined under subsection (a). amended by section 4401, is amended by
clause (i)(I), with respect to which the entity ‘‘(2) PAYROLL TAX CREDIT PORTION.—For striking ‘‘plus’’ at the end of paragraph (33),
meets the employment and wage require- purposes of this subsection, the payroll tax by striking the period at the end of para-
ments of such clause. credit portion of the credit determined under graph (34) and inserting ‘‘, plus’’, and by add-
Such term shall not include any taxable year subsection (a) with respect to any qualifying ing at the end the following new paragraph:
during such a period if the first taxable year business entity for any taxable year is the ‘‘(35) the first employee business wage
described in clause (i)(I) of the entity (or any least of— credit determined under section 45V(a).’’.
predecessor) begins before January 1, 2021. ‘‘(A) the amount specified in the election (3) CREDIT ALLOWED AGAINST ALTERNATIVE
‘‘(B) W–2 WAGES; FULL-TIME EMPLOYEES.— made under this subsection, MINIMUM TAX.—Section 38(c)(4)(B) of such
For purposes of this subsection, W–2 wages, ‘‘(B) the credit determined under sub- Code, as amended by section 4401, is amended
full-time employees, and full-time employee section (a) for the taxable year (determined by redesignating clauses (xi), (xii), and (xiii)
equivalents shall be determined in the same before the application of this subsection), or as clauses (xii), (xiii), and (xiv), respectively,
manner as under section 45U. ‘‘(C) in the case of a qualifying business en- and by inserting after clause (x) the fol-
‘‘(d) QUALIFYING BUSINESS ENTITY.—For tity other than a partnership, estate, S cor- lowing new clause:
purposes of this section— poration or other pass-thru entity, the ‘‘(xi) the credit determined under section
‘‘(1) QUALIFYING BUSINESS ENTITY DE- amount of the business credit carryforward 45V,’’.
FINED.— under section 39 carried from the taxable (4) CLERICAL AMENDMENT.—The table of
‘‘(A) IN GENERAL.—The term ‘qualifying year (determined before the application of sections for subpart D of part IV of sub-
business entity’ means, with respect to any this subsection to the taxable year). chapter A of chapter 1 of such Code, as
taxable year for which a credit under this ‘‘(3) ELECTION.— amended by section 4401, is amended by add-
section is being determined, any entity— ‘‘(A) IN GENERAL.—Any election under this ing at the end the following new item:
‘‘(i) which is engaged in the active conduct subsection for any taxable year— ‘‘Sec. 45V. First employee business wage
of 1 or more trades or businesses, ‘‘(i) shall specify the amount of the credit credit.’’.
‘‘(ii) with respect to which the qualified ac- to which such election applies, (b) PAYROLL TAX CREDIT.—Section 3111 of
tive investor ownership requirements of ‘‘(ii) shall be made on or before the due the Internal Revenue Code of 1986 is amended
paragraph (2) of section 45U(d) are met as of date (including extensions) of the return for by adding at the end the following new sub-
the close of such taxable year (rather than the taxable year, and section:
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immediately before and after the qualified ‘‘(iii) may be revoked only with the con- ‘‘(g) CREDIT FOR FIRST EMPLOYEE BUSINESS
investment), and sent of the Secretary. WAGE EXPENSES.—
‘‘(iii) with respect to which the certifi- ‘‘(B) SPECIAL RULE FOR PASS-THRU ENTI- ‘‘(1) IN GENERAL.—In the case of a taxpayer
cation requirements of paragraph (2) are TIES.—In the case of a partnership, estate, S who has made an election under section
met. corporation, or other pass-thru entity, the 45V(e) for a taxable year, there shall be al-
‘‘(B) ENTITIES UNDER COMMON CONTROL.— election made under this subsection shall be lowed as a credit against the tax imposed by
For purposes of this section— made at the entity level. subsection (a) for the first calendar quarter
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7751
which begins after the date on which the tax- come and underserved individuals, and mi- to ensure they fulfill their obligations under
payer files the return for the taxable year an norities; the law as well as implement this title and
amount equal to the payroll tax credit por- (2) providing funding to minority-owned or other laws in a manner that supports and
tion determined under section 45V(e)(2). minority-led eligible institutions and other fully utilizes minority depository institu-
‘‘(2) LIMITATION.—The credit allowed by eligible institutions that have a strong track tions and community development financial
paragraph (1) shall not exceed the tax im- record of serving minority small businesses; intuitions, as appropriate.
posed by subsection (a) for any calendar (3) protecting and increasing jobs in the (6) The investments made by the Secretary
quarter on the wages paid with respect to United States; of the Treasury under this subtitle and the
the employment of all individuals in the em- (4) increasing the opportunity for small amendments made by this subtitle should be
ploy of the employer. business, affordable housing and community designed to maximize the benefit to low- and
‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the development in geographic areas and demo- moderate-income and minority communities
amount of the credit under paragraph (1) ex- graphic segments with poverty and high un- and contemplate losses to capital of the
ceeds the limitation of paragraph (2) for any employment rates that exceed the average in Treasury.
calendar quarter, such excess shall be carried the United States; SEC. 4505. NEIGHBORHOOD CAPITAL INVEST-
to the succeeding calendar quarter and al- (5) ensuring that all low- and moderate-in- MENT PROGRAM.
lowed as a credit under paragraph (1) for come community financial institutions may Title IV of the CARES Act (15 U.S.C. 9041
such quarter. apply to participate in the programs estab- et seq.) is amended—
‘‘(4) DEDUCTION ALLOWED FOR CREDITED lished under this subtitle and the amend- (1) in section 4002 (15 U.S.C. 9041)—
AMOUNTS.—Notwithstanding section 280C(a), ments made by this subtitle, without dis- (A) by redesignating paragraphs (7)
the credit allowed under paragraph (1) shall crimination based on geography; through (10) as paragraphs (9) through (12),
not be taken into account for purposes of de- (6) providing transparency with respect to respectively; and
termining the amount of any deduction al- use of funds provided under this subtitle and (B) by inserting after paragraph (6) the fol-
lowed under chapter 1 for taxes imposed the amendments made by this subtitle; lowing:
under subsection (a).’’. (7) promoting and engaging in financial ‘‘(7) LOW- AND MODERATE-INCOME COMMU-
(c) COORDINATION WITH DEDUCTIONS AND NITY FINANCIAL INSTITUTION.—The term ‘low-
education to would-be borrowers; and
OTHER CREDITS.— (8) providing funding to eligible institu- and moderate-income community financial
(1) DEDUCTIONS.—Section 280C(a) of the In- tions that serve consumers, small businesses, institution’ means any financial institution
ternal Revenue Code of 1986 is amended by and nonprofit organizations to support af- that is—
inserting ‘‘45V(a),’’ after ‘‘45S(a),’’. fordable housing, community-serving real es- ‘‘(A) a community development financial
(2) OTHER CREDITS.— tate, and other projects that provide direct institution, as defined in section 103 of the
(A) Section 41(b)(2)(D) of such Code is Riegle Community Development and Regu-
benefits to low- and moderate-income com-
amended by adding at the end the following: latory Improvement Act of 1994 (12 U.S.C.
munities, low-income individuals, and mi-
‘‘(iv) EXCLUSION FOR WAGES TO WHICH FIRST 4702); or
norities directly affected by the COVID–19
EMPLOYEE WAGE CREDIT APPLIES.—The term
‘‘(B) a minority depository institution.
pandemic.
‘wages’ shall not include any amount taken ‘‘(8) MINORITY DEPOSITORY INSTITUTION.—
(b) REQUIREMENT FOR CREDITORS.—Any
into account in determining the credit under The term ‘minority depository institution’—
creditor participating in a program estab-
section 45V.’’. ‘‘(A) has the meaning given that term
lished under this subtitle or the amendments
under section 308 of the Financial Institu-
(B) Section 45A(b)(1) of such Code is made by this subtitle shall fully comply with
tions Reform, Recovery, and Enforcement
amended by adding at the end the following: all applicable statutory and regulatory re-
Act of 1989 (12 U.S.C. 1463 note);
‘‘(C) COORDINATION WITH FIRST EMPLOYEE quirements relating to fair lending. ‘‘(B) means an entity considered to be a
WAGE CREDIT.—The term ‘qualified wages’ SEC. 4504. SENSE OF CONGRESS. minority depository institution by—
shall not include wages if any portion of The following is the sense of Congress: ‘‘(i) the appropriate Federal banking agen-
such wages is taken into account in deter- (1) The Department of the Treasury, Board cy, as defined in section 3 of the Federal De-
mining the credit under section 45V.’’. of Governors of the Federal Reserve System, posit Insurance Act(12 U.S.C. 1813); or
(C) Section 1396(c)(3) of such Code is Small Business Administration, Office of the ‘‘(ii) the National Credit Union Adminis-
amended— Comptroller of the Currency, Federal De- tration, in the case of an insured credit
(i) by striking ‘‘section 51’’ each place it posit Insurance Corporation, National Credit union; and
appears and inserting ‘‘section 45V or 51’’, Union Administration, and other Federal ‘‘(C) means an entity listed in the Federal
and agencies should take steps to support, en- Deposit Insurance Corporation’s Minority
(ii) by inserting ‘‘AND FIRST EMPLOYEE gage with, and utilize minority depository Depository Institutions List published for
WAGE’’ after ‘‘OPPORTUNITY’’ in the heading institutions and community development fi- the Second Quarter 2020.’’;
thereof. nancial institutions in the near term, espe- (2) in section 4003 (15 U.S.C. 9042), by adding
(d) EFFECTIVE DATE.—The amendments cially as they carry out programs to respond at the end the following:
made by this section shall apply to taxable to the COVID–19 pandemic, and the long ‘‘(i) NEIGHBORHOOD CAPITAL INVESTMENT
years beginning after December 31, 2020. term. PROGRAM.—
Subtitle E—Community Development (2) The Board of Governors of the Federal ‘‘(1) DEFINITIONS.—In this subsection—
Investment Reserve System should, consistent with its ‘‘(A) the term ‘community development fi-
SEC. 4501. SHORT TITLE. mandates, work to increase lending by mi- nancial institution’ has the meaning given
This subtitle may be cited as the ‘‘Jobs nority depository institutions and commu- the term in section 103 of the Riegle Commu-
and Neighborhood Investment Act’’. nity development financial institutions to nity Development and Regulatory Improve-
SEC. 4502. PURPOSE. underserved communities, and when appro- ment Act of 1994 (12 U.S.C. 4702);
The purpose of this subtitle is to— priate, should work with the Department of ‘‘(B) the term ‘Fund’ means the Commu-
(1) establish programs to revitalize and the Treasury to increase lending by minority nity Development Financial Institutions
provide long-term financial products and depository institutions and community de- Fund established under section 104(a) of the
service availability for, and provide invest- velopment financial institutions to under- Riegle Community Development and Regu-
ments in, low- and moderate-income and mi- served communities. latory Improvement Act of 1994 (12 U.S.C.
nority communities; (3) The Department of the Treasury and 4703(a));
(2) respond to the unprecedented loss of prudential regulators should establish a stra- ‘‘(C) the term ‘minority’ means any Black
Black-owned businesses and unemployment; tegic plan identifying concrete steps that American, Native American, Hispanic Amer-
and they can take to support existing minority ican, or Asian American;
(3) otherwise enhance the stability, safety depository institutions, as well as the forma- ‘‘(D) the term ‘Program’ means the Neigh-
and soundness of community financial insti- tion of new minority depository institutions borhood Capital Investment Program estab-
tutions that support low- and moderate-in- consistent with the goals established in the lished under paragraph (2); and
come and minority communities. Financial Institutions Reform, Recovery, ‘‘(E) the ‘Secretary’ means the Secretary
SEC. 4503.CONSIDERATIONS; REQUIREMENTS and Enforcement Act of 1989 to preserve and of the Treasury.
FOR CREDITORS. promote minority depository institutions. ‘‘(2) ESTABLISHMENT.—The Secretary of the
(a) IN GENERAL.—In exercising the authori- (4) Congress should increase funding and Treasury shall establish a Neighborhood
ties under this subtitle and the amendments make other enhancements, including those Capital Investment Program to support the
made by this subtitle, the Secretary of the provided by this legislation, to enhance the efforts of low- and moderate-income commu-
Treasury shall take into consideration— effectiveness of the CDFI Fund, especially nity financial institutions to, among other
dlhill on DSK120RN23PROD with SENATE
(1) increasing the availability of affordable reforms to support minority-owned and mi- things, provide loans and forbearance for
credit for consumers, small businesses, and nority led CDFIs in times of crisis and be- small businesses, minority-owned businesses,
nonprofit organizations, including for yond. and consumers, especially in low-income and
projects supporting affordable housing, com- (5) Congress should conduct robust and on- underserved communities, by providing di-
munity-serving real estate, and other going oversight of the Department of the rect capital investments in low- and mod-
projects, that provide direct benefits to low- Treasury, CDFI Fund, Federal prudential erate-income community financial institu-
and moderate-income communities, low-in- regulators, SBA, and other Federal agencies tions.
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S7752 CONGRESSIONAL RECORD — SENATE December 18, 2020
‘‘(3) APPLICATION.— come community financial institution to ‘‘(i) except as provided in clause (iv), dur-
‘‘(A) ACCEPTANCE.—The Secretary shall borrowers in minority, rural, and urban low- ing the 10-year period following the invest-
begin accepting applications for capital in- income and underserved communities. ment, may not sell the interest of the Sec-
vestments under the Program not later than ‘‘(iii) During any calendar quarter after retary in the capital investment to a third
the end of the 30-day period beginning on the the initial 24-month period referred to in party;
date of enactment of this subsection, with clause (ii), the annual payment rate of a low- ‘‘(ii) shall provide the low- and moderate-
priority in distribution given to low- and and moderate-income community financial income community financial institution a
moderate-income community financial insti- institution shall be adjusted downward to re- right of first refusal to buy back the invest-
tutions that are minority lending institu- flect the following schedule, based on lend- ment under terms that do not exceed a value
tions, as defined in section 103 of the Com- ing by the institution relative to the base- as determined by an independent third party;
munity Development Banking and Financial line period: and
Institutions Act of 1994 (12 U.S.C. 4702). ‘‘(I) If the institution in the most recent ‘‘(iii) shall not sell more than a 5 percent
‘‘(B) REQUIREMENT TO PROVIDE A NEIGHBOR- annual period prior to the investment pro- ownership interest in the capital investment
HOOD INVESTMENT LENDING PLAN.— vides significant lending or investment ac- to a single third party; and
‘‘(i) IN GENERAL.—At the time that an ap- tivity in low- or moderate-income minority ‘‘(iv) with the permission of the institu-
plicant submits an application to the Sec- communities, historically disadvantaged tion, may gift or sell the interest of the Sec-
retary for a capital investment under the borrowers, and to minorities that have sig- retary in the capital investment for a de
Program, the applicant shall provide the nificant unmet capital or financial services, minimus amount to a mission aligned non-
Secretary, along with the appropriate Fed-
the annual payment rate shall not exceed 0.5 profit affiliate of an applicant that is an in-
eral banking agency, an investment and
percent per annum. sured community development financial in-
lending plan that—
‘‘(II) If the amount of lending within mi- stitution, as defined in section 103 of the Rie-
‘‘(I) demonstrates that not less than 30 per-
nority, rural, and urban low-income and un- gle Community Development and Regulatory
cent of the lending of the applicant over the
derserved communities and to low- and mod- Improvement Act of 1994 (12 U.S.C. 4702).
past 2 fiscal years was made directly to low-
erate-income borrowers has increased dollar ‘‘(v) CALCULATION OF OWNERSHIP FOR MINOR-
and moderate income borrowers, to bor-
for dollar based on the amount of the capital ITY DEPOSITORY INSTITUTIONS.—The calcula-
rowers that create direct benefits for low-
and moderate-income populations, to other investment, the annual payment rate shall tion and determination of ownership thresh-
targeted populations as defined by the Fund, not exceed 1 percent per annum. olds for a depository institution to qualify as
or any combination thereof, as measured by ‘‘(III) If the amount of lending within mi- a minority depository institution described
the total number and dollar amount of loans; nority, rural, and urban low-income and un- in section 4002(7)(B) shall exclude any dilu-
‘‘(II) describes how the business strategy derserved communities and to low- and mod- tive effect of equity investments by the Fed-
and operating goals of the applicant will ad- erate-income borrowers has increased by eral Government, including under the Pro-
dress community development needs, which twice the amount of the capital investment, gram or through the Fund.
includes the needs of small businesses, con- the annual payment rate shall not exceed 0.5 ‘‘(6) AVAILABLE AMOUNTS.—In carrying out
sumers, nonprofit organizations, community percent per annum. the Program, the Secretary shall use not
development, and other projects providing ‘‘(B) CONTINGENCY OF PAYMENTS BASED ON more than $13,000,000,000, from amounts ap-
direct benefits to low- and moderate-income CERTAIN FINANCIAL CRITERIA.— propriated under section 4027, of which not
communities, low-income individuals, and ‘‘(i) DEFERRAL.—Any annual payments less than $7,000,000,000 shall be used for direct
minorities within the minority, rural, and under this subsection shall be deferred in capital investments under the Program.
urban low-income and underserved areas any quarter or payment period if any of the ‘‘(7) TREATMENT OF CAPITAL INVESTMENTS.—
served by the applicant; following is true: In making any capital investment under the
‘‘(III) includes a plan to provide linguis- ‘‘(I) The low- and moderate-income com- Program, the Secretary shall ensure that the
tically and culturally appropriate outreach, munity institution fails to meet the Tier 1 terms of the investment are designed to en-
where appropriate; capital ratio or similar ratio as determined sure the investment receives Tier 1 capital
‘‘(IV) includes an attestation by the appli- by the Secretary. treatment.
cant that the applicant does not own, serv- ‘‘(II) The low- and moderate-income com- ‘‘(8) OUTREACH TO MINORITIES.—The Sec-
ice, or offer any financial products at an an- munity financial institution fails to achieve retary shall require low- and moderate-in-
nual percentage rate of more than 36 percent positive net income for the quarter or pay- come community financial institutions re-
interest, as defined in section 987(i)(4) of title ment period. ceiving capital investments under the Pro-
10, United States Code, and is compliant ‘‘(III) The low- and moderate-income com- gram to provide linguistically and culturally
with State interest rate laws; and munity financial institution determines that appropriate outreach and advertising de-
‘‘(V) includes details on how the applicant the payment would be detrimental to the fi- scribing the availability and application
plans to expand or maintain significant lend- nancial health of the institution. process of receiving loans made possible by
ing or investment activity in low- or mod- ‘‘(ii) TESTING DURING NEXT PAYMENT PE- the Program through organizations, trade
erate-income minority communities, to his- RIOD.—Any deferred annual payment under associations, and individuals that represent
torically disadvantaged borrowers, and to this subsection shall be tested against the or work within or are members of minority
minorities that have significant unmet cap- metrics described in clause (i) at the begin- communities.
ital or financial services needs. ning of the next payment period, and such ‘‘(9) RESTRICTIONS.—
‘‘(ii) COMMUNITY DEVELOPMENT LOAN payments shall continue to be deferred until ‘‘(A) IN GENERAL.—Not later than the end
FUNDS.—An applicant that is not an insured the metrics described in that clause are no of the 30-day period beginning on the date of
community development financial institu- longer applicable. enactment of this subsection, the Secretary
tion or otherwise regulated by a Federal fi- ‘‘(5) RESTRICTIONS.— of the Treasury shall issue rules setting re-
nancial regulator shall submit the plan de- ‘‘(A) IN GENERAL.—Each low- and mod- strictions on executive compensation, share
scribed in clause (i) only to the Secretary. erate-income community financial institu- buybacks, and dividend payments for recipi-
‘‘(iii) DOCUMENTATION.—In the case of an tion may only issue financial instruments or ents of capital investments under the Pro-
applicant that is certified as a community senior preferred stock under this subsection gram.
development financial institution as of the with an aggregate principal amount that is— ‘‘(B) RULE OF CONSTRUCTION.—The provi-
date of enactment of this subsection, for pur- ‘‘(i) not more than 15 percent of risk- sions of section 4019 shall apply to invest-
poses of clause (i)(I), the Secretary may rely weighted assets for an institution with as- ments made under the Program.
on documentation submitted the Fund as sets of more than $2,000,000,000; ‘‘(10) TERMINATION OF INVESTMENT AUTHOR-
part of certification compliance reporting. ‘‘(ii) not more than 25 percent of risk- ITY.—The authority to make capital invest-
‘‘(4) INCENTIVES TO INCREASE LENDING AND weighted assets for an institution with as- ments in low- and moderate-income commu-
PROVIDE AFFORDABLE CREDIT.— sets of not less than $500,000,000 and not more nity financial institutions, including com-
‘‘(A) REQUIREMENTS ON PREFERRED STOCK than $2,000,000,000; and mitments to purchase preferred stock or
AND OTHER FINANCIAL INSTRUMENT.—Any fi- ‘‘(iii) not more than 30 percent of risk- other instruments, provided under the Pro-
nancial instrument issued to Treasury by a weighted assets for an institution with as- gram shall terminate on the date that is 36
low- and moderate-income community finan- sets of less than $500,000,000. months after the date of enactment of this
cial institution under the Program shall pro- ‘‘(B) HOLDING OF INSTRUMENTS.—Holding subsection.
vide the following: any instrument of a low- and moderate-in- ‘‘(11) COLLECTION OF DATA.—Notwith-
‘‘(i) No dividends, interest or other pay- come community financial institution de- standing the Equal Credit Opportunity Act
ments shall exceed 2 percent per annum. scribed in subparagraph (A) shall not give (15 U.S.C. 1691 et seq.)—
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‘‘(ii) After the first 24 months from the the Treasury or any successor that owns the ‘‘(A) any low- and moderate-income com-
date of the capital investment under the instrument any rights over the management munity financial institution may collect
Program, annual payments may be required, of the institution. data described in section 701(a)(1) of that Act
as determined by the Secretary and in ac- ‘‘(C) SALE OF INTEREST.—With respect to a (15 U.S.C. 1691(a)(1)) from borrowers and ap-
cordance with this section, and adjusted capital investment made into a low- and plicants for credit for the purpose of moni-
downward based on the amount of affordable moderate-income community financial insti- toring compliance under the plan required
credit provided by the low- and moderate-in- tution under this subsection, the Secretary— under paragraph (4)(B); and
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7753
‘‘(B) a low- and moderate-income commu- Tribes and Tribal organizations, and other as a ‘‘CDE’’) is a domestic corporation or
nity financial institution that collects the suitable providers. partnership that is an intermediary vehicle
data described in subparagraph (A) shall not (b) SET ASIDES.—Of the amounts appro- for the provision of loans, investments, or fi-
be subject to adverse action related to that priated pursuant to the authorization under nancial counseling in low-income commu-
collection by the Bureau of Consumer Finan- subsection (a), the following amounts shall nities. The CDFI Fund certifies community
cial Protection or any other Federal agency. be set aside: development financial institutions and
‘‘(12) DEPOSIT OF FUNDS.—All funds received (1) Up to $400,000,000, to remain available CDEs. Becoming a certified community de-
by the Secretary in connection with pur- until expended, to provide grants to CDFIs— velopment financial institution or CDE al-
chases made pursuant this subsection, in- (A) to expand lending or investment activ- lows organizations to participate in various
cluding interest payments, dividend pay- ity in low- or moderate-income minority CDFI Fund programs as follows:
ments, and proceeds from the sale of any fi- communities and to minorities that have (A) The Bank Enterprise Award Program,
nancial instrument, shall be deposited into significant unmet capital or financial serv- which provides FDIC-insured depository in-
the Fund and used to provide financial and ices needs, of which not less than $10,000,000 stitutions awards for a demonstrated in-
technical assistance pursuant to section 108 may be for grants to benefit Native Amer- crease in lending and investments in dis-
of the Riegle Community Development and ican, Native Hawaiian, and Alaska Native tressed communities and community devel-
Regulatory Improvement Act of 1994 (12 communities; and opment financial institutions.
U.S.C. 4707), except that subsection (e) of (B) using a formula that takes into ac- (B) The CDFI Program, which provides fi-
that section shall be waived. count criteria such as certification status, fi- nancial and technical assistance awards to
‘‘(13) EQUITY EQUIVALENT INVESTMENT OP- nancial and compliance performance, port- community development financial institu-
TION.— folio and balance sheet strength, a diversity tions to reinvest in the CDFI Fund, and to
‘‘(A) IN GENERAL.—The Secretary shall es- of CDFI business model types, and program build the capacity of the CDFI Fund, includ-
tablish an Equity Equivalent Investment Op- capacity, as well as experience making loans ing financing product development and loan
tion, under which, with respect to a specific and investments to those areas and popu- loss reserves.
investment in a low- and moderate-income lations identified in this paragraph. (C) The Native American CDFI Assistance
community financial institution— (2) Up to $160,000,000, to remain available Program, which provides CDFIs and spon-
‘‘(i) 80 percent of such investment is made until expended, for technical assistance, soring entities Financial and Technical As-
by the Secretary under the Program; and technology, and training under sections sistance awards to increase lending and grow
‘‘(ii) 20 percent of such investment if made 108(a)(1)(B) and 109, respectively, of the Com- the number of CDFIs owned by Native Amer-
by a banking institution. munity Development Banking and Financial icans to help build capacity of such CDFIs.
‘‘(B) REQUIREMENT TO FOLLOW SIMILAR Institutions Act of 1994 (12 U.S.C. (D) The New Market Tax Credit Program,
TERMS AND CONDITIONS.—The terms and con- 4707(a)(1)(B), 4708), with a preference for mi- which provides tax credits for making equity
ditions applicable to investments made by nority lending institutions. investments in CDEs that stimulate capital
the Secretary under the Program shall apply (3) Up to $800,000,000, to remain available investments in low-income communities.
to any investment made by a banking insti- until expended, shall be for providing finan- (E) The Capital Magnet Fund, which pro-
tution under this paragraph. cial assistance, technical assistance, awards, vides awards to CDFIs and nonprofit afford-
‘‘(C) LIMITATIONS.—The amount of a spe- training, and outreach programs described able housing organizations to finance afford-
cific investment described under subpara- under subsection (a) to recipients that are able housing solutions and related economic
graph (A) may not exceed $10,000,000, but the minority lending institutions. development activities.
receipt of an investment under subparagraph (c) ADMINISTRATIVE EXPENSES.—Funds ap- (F) The Bond Guarantee Program, a source
(A) shall not preclude the recipient from propriated pursuant to the authorization of long-term, patient capital for CDFIs to ex-
being eligible for other assistance under the under subsection (a) may be used for admin- pand lending and investment capacity for
Program. istrative expenses, including administration community and economic development pur-
of Fund programs and the New Markets Tax
‘‘(D) BANKING INSTITUTION DEFINED.—In this poses.
Credit Program under section 45D of the In-
paragraph, the term ‘banking institution’ (2) The Department of the Treasury is au-
ternal Revenue Code of 1986.
means any entity with respect to which (d) DEFINITIONS.—In this section: thorized to create multi-year grant programs
there is an appropriate Federal banking (1) CDFI.—The term ‘‘CDFI’’ means a com- designed to encourage low-to-moderate in-
agency, as defined in section 3 of the Federal munity development financial institution, as come individuals to establish accounts at
Deposit Insurance Act (12 U.S.C. 1813). defined in section 103 of the Community De- federally insured banks, and to improve low-
‘‘(j) APPLICATION OF THE MILITARY LENDING velopment Banking and Financial Institu- to-moderate income individuals’ access to
ACT.— tions Act of 1994 (12 U.S.C. 4702). such accounts on reasonable terms.
‘‘(1) IN GENERAL.—No low- and moderate-in- (2) FUND.—The term ‘‘Fund’’ means the (3) Under this authority, grants to partici-
come community financial institution that Community Development Financial Institu- pants in CDFI Fund programs may be used
receives an equity investment under sub- tions Fund established under section 104(a) for loan-loss reserves and to establish small-
section (i) shall, for so long as the invest- of the Community Development Banking and dollar loan programs by subsidizing related
ment or participation continues, make any Financial Institutions Act of 1994 (12 U.S.C. losses. These grants also allow for the pro-
loan at an annualized percentage rate above 4703(a)). viding recipients with the financial coun-
36 percent, as determined in accordance with (3) MINORITY; MINORITY LENDING INSTITU- seling and education necessary to conduct
section 987(b) of title 10, United States Code TION.—The terms ‘‘minority’’ and ‘‘minority
transactions and manage their accounts.
(commonly known as the ‘Military Lending lending institution’’ have the meanings These loans provide low-cost alternatives to
Act)’. given those terms, respectively, under sub- payday loans and other nontraditional forms
‘‘(2) NO EXEMPTIONS PERMITTED.—The ex- paragraphs (A) and (B) of paragraph (22) of of financing that often impose excessive in-
emption authority of the Bureau under sec- section 103 of the Community Development terest rates and fees on borrowers, and lead
tion 105(f) of the Truth in Lending Act (15 Banking and Financial Institutions Act of millions of people in the United States to
U.S.C. 1604(f)) shall not apply with respect to 1994 (12 U.S.C. 4702), as added by section 4509. fall into debt traps. Small-dollar loans can
this subsection.’’. SEC. 4507. ENSURING DIVERSITY IN COMMUNITY
only be made pursuant to terms, conditions,
SEC. 4506. EMERGENCY SUPPORT FOR CDFIS AND BANKING. and practices that are reasonable for the in-
COMMUNITIES. (a) SENSE OF CONGRESS ON FUNDING THE dividual consumer obtaining the loan.
(a) AUTHORIZATION OF APPROPRIATIONS.— LOAN-LOSS RESERVE FUND FOR SMALL DOLLAR (4) Program participation is restricted to
There is authorized to be appropriated to the LOANS.—The sense of Congress is the fol- eligible institutions, which are limited to or-
Fund $4,000,000,000 for fiscal year 2021, for lowing: ganizations listed in section 501(c)(3) of the
providing financial assistance and technical (1) The Community Development Financial Internal Revenue Code of 1986 and exempt
assistance under subparagraphs (A) and (B) Institutions Fund (referred to in this sub- from tax under 501(a) of such Code, federally
of section 108(a)(1) of the Community Devel- section as the ‘‘CDFI Fund’’) is an agency of insured depository institutions, community
opment Banking and Financial Institutions the Department of the Treasury, and was es- development financial institutions and
Act of 1994 (12 U.S.C. 4707(a)(1)), except that tablished under section 104(a) of the Commu- State, local, or Tribal governmental entities.
subsection (d) of such section 108 shall not nity Development Banking and Financial In- (5) Since its founding, the CDFI Fund has
apply to the provision of such assistance, for stitutions Act of 1994 (12 U.S.C. 4703(a)). The awarded over $3,300,000,000 to CDFIs and
the Bank Enterprise Award program, and for mission of the CDFI Fund is ‘‘to expand eco- CDEs and has allocated $54,000,000,000 in tax
financial assistance, technical assistance, nomic opportunity for underserved people credits and $1,510,000,000 in bond guarantees.
training, and outreach programs designed to and communities by supporting the growth According to the CDFI Fund, some programs
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benefit Native American, Native Hawaiian, and capacity of a national network of com- attract as much as $10 in private capital for
and Alaska Native communities and pro- munity development lenders, investors, and every $1 invested by the CDFI Fund. The Ad-
vided primarily through qualified commu- financial service providers’’. A community ministration and Congress should prioritize
nity development lender organizations with development financial institution is a spe- appropriation of funds for the loan loss re-
experience and expertise in community de- cialized financial institution serving low-in- serve fund and technical assistance programs
velopment banking and lending in Indian come communities and a Community Devel- administered by the CDFI Fund.
country, Native American organizations, opment Entity (referred to in this subsection (b) DEFINITIONS.—In this section:
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S7754 CONGRESSIONAL RECORD — SENATE December 18, 2020
(1) COMMUNITY DEVELOPMENT FINANCIAL IN- (1) ESTABLISHMENT.—Each covered regu- Reform, Recovery, and Enforcement Act of
STITUTION.—The term ‘‘community develop- lator shall establish an advisory committee 1989 (12 U.S.C. 1463 note)).
ment financial institution’’ has the meaning to be called the ‘‘Minority Depositories Advi- (C) DEPOSITORY INSTITUTION.—The term
given the term in section 103 of the Commu- sory Committee’’. ‘‘depository institution’’ has the meaning
nity Development Banking and Financial In- (2) DUTIES.—Each Minority Depositories given the term in section 3 of the Federal
stitutions Act of 1994 (12 U.S.C. 4702). Advisory Committee shall provide advice to Deposit Insurance Act (12 U.S.C. 1813).
(2) MINORITY DEPOSITORY INSTITUTION.—The the respective covered regulator on meeting (D) INSURED CREDIT UNION.—The term ‘‘in-
term ‘‘minority depository institution’’ has the goals established by section 308 of the Fi- sured credit union’’ has the meaning given
the meaning given the term in section 308(b) nancial Institutions Reform, Recovery, and the term in section 101 of the Federal Credit
of the Financial Institutions Reform, Recov- Enforcement Act of 1989 (12 U.S.C. 1463 note) Union Act (12 U.S.C. 1752).
ery, and Enforcement Act of 1989 (12 U.S.C. to preserve the present number of covered (7) TECHNICAL AMENDMENT.—Section 308(b)
1463 note). minority institutions, preserve the minority of the Financial Institutions Reform, Recov-
(c) ESTABLISHMENT OF IMPACT BANK DES- character of covered minority-owned institu- ery, and Enforcement Act of 1989 (12 U.S.C.
IGNATION.— 1463 note) is amended by adding at the end
tions in cases involving mergers or acquisi-
(1) IN GENERAL.—Each Federal banking the following:
tions, provide technical assistance, and en-
agency shall establish a program under ‘‘(3) DEPOSITORY INSTITUTION.—The term
courage the creation of new covered minor-
which a depository institution with total ‘depository institution’ means an ‘insured
ity institutions. The scope of the work of
consolidated assets of less than $10,000,000,000 depository institution’ (as defined in section
each such Minority Depositories Advisory
may elect to be designated as an impact 3 of the Federal Deposit Insurance Act (12
Committee shall include an assessment of
bank if the total dollar value of the loans ex- U.S.C. 1813)) and an insured credit union (as
tended by such depository institution to low- the current condition of covered minority in-
stitutions, what regulatory changes or other defined in section 101 of the Federal Credit
income borrowers is greater than or equal to Union Act (12 U.S.C. 1752)).’’.
50 percent of the assets of such bank. steps the respective agencies may be able to
(e) FEDERAL DEPOSITS IN MINORITY DEPOSI-
(2) NOTIFICATION OF ELIGIBILITY.—Based on take to fulfill the requirements of such sec-
TORY INSTITUTIONS.—
data obtained through examinations of de- tion 308, and other issues of concern to cov-
(1) IN GENERAL.—Section 308 of the Finan-
pository institutions, the appropriate Fed- ered minority institutions.
cial Institutions Reform, Recovery, and En-
eral banking agency shall notify a deposi- (3) MEMBERSHIP.—
forcement Act of 1989 (12 U.S.C. 1463 note) is
tory institution if the institution is eligible (A) IN GENERAL.—Each Minority Deposi-
amended—
to be designated as an impact bank. tories Advisory Committee shall consist of
(A) in subsection (b), as amended by sub-
(3) APPLICATION.—Regardless of whether a no more than 10 members, who—
section (d)(7) of this section, by adding at the
depository institution has received a notice (i) shall serve for 1 2-year term;
end the following new paragraph:
of eligibility under paragraph (2), a deposi- (ii) shall serve as a representative of a de-
‘‘(4) IMPACT BANK.—The term ‘impact bank’
tory institution may submit an application pository institution or an insured credit
means a depository institution designated by
to the appropriate Federal banking agency— union with respect to which the respective
the appropriate Federal banking agency pur-
(A) requesting to be designated as an im- covered regulator is the covered regulator of
suant to section 4507(c) of the Economic Jus-
pact bank; and such depository institution or insured credit
tice Act.’’; and
(B) demonstrating that the depository in- union; and
(B) by adding at the end the following:
stitution meets the applicable qualifications. (iii) shall not receive pay by reason of their ‘‘(d) FEDERAL DEPOSITS.—The Secretary of
(4) LIMITATION ON ADDITIONAL DATA RE- service on the advisory committee, but may the Treasury shall ensure that deposits made
QUIREMENTS.—The Federal banking agencies receive travel or transportation expenses in by Federal agencies in minority depository
may only impose additional data collection accordance with section 5703 of title 5, institutions and impact banks are
requirements on a depository institution United States Code. collateralized or insured, as determined by
under this subsection if such data is— (B) DIVERSITY.—To the extent practicable, the Secretary. Such deposits shall include
(A) necessary to process an application each covered regulator shall ensure that the reciprocal deposits as defined in section
submitted by the depository institution to members of the Minority Depositories Advi- 337.6(e)(2)(v) of title 12, Code of Federal Reg-
be designated an impact bank; or sory Committee of such agency reflect the ulations (as in effect on March 6, 2019).’’.
(B) with respect to a depository institution diversity of covered minority institutions. (2) TECHNICAL AMENDMENTS.—Section 308(b)
that is designated as an impact bank, nec- (4) MEETINGS.— of the Financial Institutions Reform, Recov-
essary to ensure the depository institution’s (A) IN GENERAL.—Each Minority Deposi- ery, and Enforcement Act of 1989 (12 U.S.C.
ongoing qualifications to maintain such des- tories Advisory Committee shall meet not 1463 note) is amended—
ignation. less frequently than twice each year. (A) in the matter preceding paragraph (1),
(5) REMOVAL OF DESIGNATION.—If the appro- (B) NOTICE AND INVITATIONS.—Each Minor- by striking ‘‘section—’’ and inserting ‘‘sec-
priate Federal banking agency determines ity Depositories Advisory Committee shall— tion:’’; and
that a depository institution designated as (i) notify the Committee on Financial (B) in the paragraph heading for paragraph
an impact bank no longer meets the criteria Services of the House of Representatives and (1), by striking ‘‘FINANCIAL’’ and inserting
for such designation, the appropriate Federal the Committee on Banking, Housing, and ‘‘DEPOSITORY’’.
banking agency shall rescind the designation Urban Affairs of the Senate in advance of (f) MINORITY BANK DEPOSIT PROGRAM.—
and notify the depository institution of such each meeting of the Minority Depositories (1) IN GENERAL.—Section 1204 of the Finan-
rescission. Advisory Committee; and cial Institutions Reform, Recovery, and En-
(6) RECONSIDERATION OF DESIGNATION; AP- (ii) invite the attendance at each meeting forcement Act of 1989 (12 U.S.C. 1811 note) is
PEALS.—Under such procedures as the Fed- of the Minority Depositories Advisory Com- amended to read as follows:
eral banking agencies may establish, a de- mittee of— ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY DE-
pository institution may— (I) one member of the majority party and POSITORY INSTITUTIONS.
(A) submit to the appropriate Federal one member of the minority party of the ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.—
banking agency a request to reconsider a de- Committee on Financial Services of the ‘‘(1) ESTABLISHMENT.—There is established
termination that such depository institution House of Representatives and the Committee a program to be known as the ‘Minority
no longer meets the criteria for the designa- on Banking, Housing, and Urban Affairs of Bank Deposit Program’ to expand the use of
tion; or the Senate; and minority depository institutions.
(B) file an appeal of such determination. (II) one member of the majority party and ‘‘(2) ADMINISTRATION.—The Secretary of
(7) RULEMAKING.—Not later than 1 year one member of the minority party of any rel- the Treasury, acting through the Bureau of
after the date of enactment of this Act, the evant subcommittees of such committees. the Fiscal Service, shall—
Federal banking agencies shall jointly issue (5) NO TERMINATION OF ADVISORY COMMIT- ‘‘(A) on application by a depository insti-
rules to carry out the requirements of this TEES.—The termination requirements under tution or credit union, certify whether such
subsection, including by providing a defini- section 14 of the Federal Advisory Com- depository institution or credit union is a
tion of a low-income borrower. mittee Act (5 U.S.C. App.) shall not apply to minority depository institution;
(8) REPORTS.—Each Federal banking agen- a Minority Depositories Advisory Committee ‘‘(B) maintain and publish a list of all de-
cy shall submit an annual report to Congress established pursuant to this subsection. pository institutions and credit unions that
containing a description of actions taken to (6) DEFINITIONS.—In this subsection: have been certified pursuant to subparagraph
carry out this subsection. (A) COVERED REGULATOR.—The term ‘‘cov- (A); and
(9) FEDERAL DEPOSIT INSURANCE ACT DEFINI- ered regulator’’ means the Comptroller of ‘‘(C) periodically distribute the list de-
TIONS.—In this subsection, the terms ‘‘depos- the Currency, the Board of Governors of the scribed in subparagraph (B) to—
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itory institution’’, ‘‘appropriate Federal Federal Reserve System, the Federal Deposit ‘‘(i) all Federal departments and agencies;
banking agency’’, and ‘‘Federal banking Insurance Corporation, and the National ‘‘(ii) interested State and local govern-
agency’’ have the meanings given such Credit Union Administration. ments; and
terms, respectively, in section 3 of the Fed- (B) COVERED MINORITY INSTITUTION.—The ‘‘(iii) interested private sector companies.
eral Deposit Insurance Act (12 U.S.C. 1813). term ‘‘covered minority institution’’ means ‘‘(3) INCLUSION OF CERTAIN ENTITIES ON
(d) MINORITY DEPOSITORIES ADVISORY COM- a minority depository institution (as defined LIST.—A depository institution or credit
MITTEES.— in section 308(b) of the Financial Institutions union that, on the date of enactment of the
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7755
Economic Justice Act, has a current certifi- the covered regulator, and make publicly (B) ensure each covered bank participating
cation from the Secretary of the Treasury available best practices— in the program established under this sub-
stating that such depository institution or (A) for increasing the diversity of can- section—
credit union is a minority depository institu- didates applying for examiner positions, in- (i) has appropriate policies relating to
tion shall be included on the list described cluding through outreach efforts to recruit management of assets, including measures to
under paragraph (2)(B). diverse candidates to apply for entry-level ensure the safety and soundness of each such
‘‘(b) EXPANDED USE AMONG FEDERAL DE- examiner positions; and covered bank; and
PARTMENTS AND AGENCIES.— (B) for retaining and providing fair consid- (ii) is compliant with applicable law; and
‘‘(1) IN GENERAL.—Not later than 1 year eration for promotions within the examiner (C) ensure, to the extent practicable, that
after the establishment of the program de- staff for purposes of achieving diversity the rules do not conflict with goals described
scribed in subsection (a), the head of each among examiners. in section 308(a) of the Financial Institutions
Federal department or agency shall develop (3) COVERED REGULATOR DEFINED.—In this Reform, Recovery, and Enforcement Act of
and implement standards and procedures to subsection, the term ‘‘covered regulator’’ 1989 (12 U.S.C. 1463 note).
prioritize, to the maximum extent possible means the Comptroller of the Currency, the (3) LIMITATIONS.—
as permitted by law and consistent with Board of Governors of the Federal Reserve (A) DEPOSITS.—With respect to the funds of
principles of sound financial management, System, the Federal Deposit Insurance Cor- an individual qualifying account, an entity
the use of minority depository institutions poration, and the National Credit Union Ad- may not deposit an amount greater than the
to hold the deposits of each such department ministration. insured amount in a single covered bank.
or agency. (B) TOTAL DEPOSITS.—The total amount of
(h) INVESTMENTS IN MINORITY DEPOSITORY
‘‘(2) REPORT TO CONGRESS.—Not later than 2 funds deposited in a covered bank under the
INSTITUTIONS AND IMPACT BANKS.—
years after the establishment of the program program described in this subsection may
(1) CONTROL FOR CERTAIN INSTITUTIONS.—
described in subsection (a), and annually not exceed the lesser of—
Section 7(j)(8)(B) of the Federal Deposit In-
thereafter, the head of each Federal depart- (i) 10 percent of the average amount of de-
surance Act (12 U.S.C. 1817(j)(8)(B)) is amend-
ment or agency shall submit to Congress a posits held by the covered bank in the pre-
ed to read as follows:
report on the actions taken to increase the vious quarter; or
‘‘(B) ‘control’ means the power, directly or
use of minority depository institutions to (ii) $100,000,000 (as adjusted for inflation).
indirectly—
hold the deposits of each such department or (4) REPORT.—Each quarter, the Secretary
agency. ‘‘(i) to direct the management or policies
of an insured depository institution; or of the Treasury shall submit to Congress a
‘‘(c) DEFINITIONS.—For purposes of this sec-
tion: ‘‘(ii)(I) to vote 25 per centum or more of report on the implementation of the program
‘‘(1) CREDIT UNION.—The term ‘credit union’ any class of voting securities of an insured established under this subsection, including
has the meaning given the term ‘insured depository institution; or information identifying participating cov-
credit union’ in section 101 of the Federal ‘‘(II) with respect to an insured depository ered banks and the total amount of deposits
Credit Union Act (12 U.S.C. 1752). institution that is an impact bank (as des- received by covered banks under the pro-
‘‘(2) DEPOSITORY INSTITUTION.—The term ignated pursuant to section 4507(c) of the gram.
‘depository institution’ has the meaning Economic Justice Act) or a minority deposi- (5) DEFINITIONS.—In this subsection:
given the term in section 3 of the Federal tory institution (as defined in section 308(b) (A) APPROPRIATE FEDERAL BANKING AGENCY;
of the Financial Institutions Reform, Recov- FEDERAL BANKING AGENCY.—The terms ‘‘ap-
Deposit Insurance Act (12 U.S.C. 1813).
‘‘(3) MINORITY.—The term ‘minority’ means ery, and Enforcement Act of 1989 (12 U.S.C. propriate Federal banking agency’’ and
any Black American, Native American, His- 1463 note)), of an individual to vote 30 per- ‘‘Federal banking agencies’’ have the mean-
panic American, or Asian American. cent or more of any class of voting securities ing given those terms, respectively, in sec-
‘‘(4) MINORITY DEPOSITORY INSTITUTION.— of such an impact bank or a minority deposi- tion 3 of the Federal Deposit Insurance Act.
The term ‘minority depository institution’ tory institution.’’. (12 U.S.C. 1813).
has the meaning given the term in section (2) RULEMAKING.—The Federal banking (B) COVERED BANK.—The term ‘‘covered
308(b).’’. agencies shall jointly issue rules for de novo bank’’ means—
(2) CONFORMING AMENDMENTS.—The fol- minority depository institutions to allow 3 (i) a minority depository institution that
lowing provisions are amended by striking years to meet the capital requirements oth- is well capitalized, as defined by the appro-
‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: erwise applicable to minority depository in- priate Federal banking agency; or
(A) Section 808(b)(3) of the Community Re- stitutions. (ii) a depository institution designated as
investment Act of 1977 (12 U.S.C. 2907(b)(3)). (3) REPORT.—Not later than 1 year after an impact bank pursuant to subsection (c)
(B) Section 40(g)(1)(B) of the Federal De- the date of enactment of this Act, the Fed- that is well capitalized, as defined by the ap-
posit Insurance Act (12 U.S.C. 1831q(g)(1)(B)). eral banking agencies shall jointly submit to propriate Federal banking agency.
(C) Section 704B(h)(4) of the Equal Credit Congress a report on— (C) INSURED AMOUNT.—The term ‘‘insured
Opportunity Act (15 U.S.C. 1691c–2(h)(4)). (A) the principal causes for the low number amount’’ means the amount that is the
(g) DIVERSITY REPORT AND BEST PRAC- of de novo minority depository institutions greater of—
TICES.— during the 10-year period preceding the date (i) the standard maximum deposit insur-
(1) ANNUAL REPORT.—Each covered regu- of the report; ance amount (as defined in section 11(a)(1)(E)
lator shall submit to Congress an annual re- (B) the main challenges to the creation of of the Federal Deposit Insurance Act (12
port on diversity that includes the following: de novo minority depository institutions; U.S.C. 1821(a)(1)(E))); or
(A) Data, based on voluntary self-identi- and (ii) such higher amount negotiated be-
fication, on the racial, ethnic, and gender (C) regulatory and legislative consider- tween the Secretary of the Treasury and the
composition of the examiners of each cov- ations to promote the establishment of de Federal Deposit Insurance Corporation under
ered regulator, disaggregated by length of novo minority depository institutions. which the Corporation will insure all depos-
time served as an examiner. (4) DEFINITIONS.—In this subsection: its of such higher amount.
(B) The status of any examiners of covered (A) FEDERAL BANKING AGENCY.—The term (D) MINORITY DEPOSITORY INSTITUTION.—
regulators, based on voluntary self-identi- ‘‘Federal banking agency’’ has the meaning The term ‘‘minority depository institution’’
fication, as a veteran, as defined in section given the term in section 3 of the Federal has the meaning given the term in section
101 of title 38, United States Code. Deposit Insurance Act (12 U.S.C. 1813). 308(b) of the Financial Institutions Reform,
(C) Whether any covered regulator, as of (B) MINORITY DEPOSITORY INSTITUTION.— Recovery, and Enforcement Act of 1989 (12
the date on which the report required under The term ‘‘minority depository institution’’ U.S.C. 1463 note).
this subsection is submitted, has adopted a has the meaning given the term in section (E) QUALIFYING ACCOUNT.—The term
policy, plan, or strategy to promote racial, 308(b) of the Financial Institutions Reform, ‘‘qualifying account’’ means any account es-
ethnic, and gender diversity among exam- Recovery, and Enforcement Act of 1989 (12 tablished in the Department of the Treasury
iners of the covered regulator. U.S.C. 1463 note). that—
(D) Whether any special training is devel- (i) CUSTODIAL DEPOSIT PROGRAM FOR COV- (i) is controlled by the Secretary; and
oped and provided for examiners related spe- ERED MINORITY DEPOSITORY INSTITUTIONS AND (ii) is expected to maintain a balance
cifically to working with depository institu- IMPACT BANKS.— greater than $200,000,000 for the following 24-
tions and credit unions, as those terms are (1) IN GENERAL.—Not later than 1 year after month period.
defined in section 1204(c) of the Financial In- the date of enactment of this Act, the Sec- (j) STREAMLINED COMMUNITY DEVELOPMENT
stitutions Reform, Recovery, and Enforce- retary of the Treasury shall issue rules es- FINANCIAL INSTITUTION APPLICATIONS AND RE-
ment Act of 1989 (12 U.S.C. 1811 note), as tablishing a custodial deposit program under PORTING.—
dlhill on DSK120RN23PROD with SENATE
amended by subsection (f)(1) of this section, which a covered bank may receive deposits (1) APPLICATION PROCESSES.—Not later than
that serve communities that are predomi- from a qualifying account. 1 year after the date of enactment of this
nantly minorities, low income, or rural, and (2) REQUIREMENTS.—In issuing rules under Act and with respect to any person having
the key focus of such training. paragraph (1), the Secretary of the Treasury assets under $3,000,000,000 that submits an
(2) BEST PRACTICES.—Each Office of Minor- shall— application for deposit insurance with the
ity and Women Inclusion of a covered regu- (A) consult with the Federal banking agen- Federal Deposit Insurance Corporation that
lator shall develop, provide to the head of cies; could also become a community development
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S7756 CONGRESSIONAL RECORD — SENATE December 18, 2020
financial institution, the Federal Deposit In- tutions, and impact banks to increase the ‘‘(A) the number of financial agents, large
surance Corporation, in consultation with volume of loans provided by those institu- financial institutions, and small financial in-
the Administrator of the Community Devel- tions to small business concerns. stitutions participating in the Program; and
opment Financial Institutions Fund, shall— (3) REPORT TO CONGRESS.—Not later than 18 ‘‘(B) the number of outreach events de-
(A) develop systems and procedures to months after the establishment of the task scribed in paragraph (2) held during the year
record necessary information to allow the force described in paragraph (2), the Admin- covered by the report.
Administrator to conduct preliminary anal- istrator shall submit to Congress a report on ‘‘(6) DEFINITIONS.—In this subsection:
ysis for such person to also become a com- the findings of the task force. ‘‘(A) COMMUNITY DEVELOPMENT FINANCIAL
munity development financial institution; INSTITUTION.—The term ‘community develop-
SEC. 4508. ESTABLISHMENT OF FINANCIAL
and ment financial institution’ has the meaning
AGENT PARTNERSHIP PROGRAM.
(B) develop procedures to streamline the given the term in section 103 of the Commu-
application and annual certification proc- (a) IN GENERAL.—Section 308 of the Finan- nity Development Banking and Financial In-
esses and to reduce costs for such person to cial Institutions Reform, Recovery, and En- stitutions Act of 1994 (12 U.S.C. 4702).
become, and maintain certification as, a forcement Act of 1989 (12 U.S.C. 1463 note), as ‘‘(B) FINANCIAL AGENT.—The term ‘finan-
community development financial institu- amended by section 4507(e), is amended by cial agent’ means any national banking asso-
tion. adding at the end the following: ciation designated by the Secretary of the
(2) IMPLEMENTATION REPORT.—Not later Treasury to be employed as a financial agent
‘‘(e) FINANCIAL AGENT PARTNERSHIP PRO-
than 18 months after the date of enactment of the Federal Government.
GRAM.—
of this Act, the Federal Deposit Insurance ‘‘(C) LARGE FINANCIAL INSTITUTION.—The
‘‘(1) IN GENERAL.—The Secretary of the
Corporation shall submit to Congress a re- term ‘large financial institution’ means any
Treasury shall establish a program to be
port describing the systems and procedures entity regulated by the Comptroller of the
known as the ‘Financial Agent Partnership
required under paragraph (1). Currency, the Board of Governors of the Fed-
Program’ (in this subsection referred to as
(3) ANNUAL REPORT.— eral Reserve System, the Federal Deposit In-
the ‘Program’) under which a financial agent
(A) IN GENERAL.—Section 17(a)(1) of the surance Corporation, or the National Credit
designated by the Secretary or a large finan-
Federal Deposit Insurance Act (12 U.S.C. Union Administration that has total consoli-
1827(a)(1)) is amended— cial institution may serve as a mentor,
dated assets of not less than $50,000,000,000.
(i) in subparagraph (E), by striking ‘‘and’’ under guidance or regulations prescribed by
‘‘(D) SMALL FINANCIAL INSTITUTION.—The
at the end; the Secretary, to a small financial institu-
term ‘small financial institution’ means—
(ii) by redesignating subparagraph (F) as tion to allow the small financial institu-
‘‘(i) any entity regulated by the Comp-
subparagraph (G); tion—
troller of the Currency, the Board of Gov-
(iii) by inserting after subparagraph (E) ‘‘(A) to be prepared to perform as a finan-
ernors of the Federal Reserve System, the
the following: cial agent; or
Federal Deposit Insurance Corporation, or
‘‘(F) applicants for deposit insurance that ‘‘(B) to improve capacity to provide serv-
the National Credit Union Administration
could also become community development ices to the customers of the small financial
that has total consolidated assets of not
financial institutions (as defined in section institution.
more than $2,000,000,000; or
103 of the Community Development Banking ‘‘(2) OUTREACH.—The Secretary shall hold
‘‘(ii) a minority depository institution.’’.
and Financial Institutions Act of 1994 (12 outreach events to promote the participation (b) EFFECTIVE DATE.—This section and the
U.S.C. 4702)), minority depository institu- of financial agents, large financial institu- amendments made by this section shall take
tions (as defined in section 308 of the Finan- tions, and small financial institutions in the effect on the date that is 90 days after the
cial Institutions Reform, Recovery, and En- Program at least once a year. date of enactment of this Act.
forcement Act of 1989 (12 U.S.C. 1463 note)), ‘‘(3) FINANCIAL PARTNERSHIPS.— SEC. 4509. STRENGTHENING MINORITY LENDING
or impact banks (as designated pursuant to ‘‘(A) IN GENERAL.—Any large financial in- INSTITUTIONS.
section 4507(c) of the Economic Justice Act); stitution participating in the Program with (a) MINORITY LENDING INSTITUTION SET-
and’’. the Department of the Treasury, if not al- ASIDE IN PROVIDING ASSISTANCE.—
(B) APPLICATION.—The amendment made ready required to include a small financial (1) IN GENERAL.—Section 108 of the Commu-
by this paragraph shall apply with respect to institution, shall offer not more than 5 per- nity Development Banking and Financial In-
the first report to be submitted after the cent of every contract under that program to stitutions Act of 1994 (12 U.S.C. 4707) is
date that is 2 years after the date of enact- a small financial institution. amended by adding at the end the following:
ment of this Act. ‘‘(B) ACCEPTANCE OF RISK.—As a require- ‘‘(i) MINORITY LENDING INSTITUTION SET-
(4) DEFINITION.—In this subsection, the ment of participation in a contract described ASIDE IN PROVIDING ASSISTANCE.—Notwith-
term ‘‘community development financial in- in subparagraph (A), a small financial insti- standing any other provision of law, in pro-
stitution’’ has the meaning given the term in tution shall accept the risk of the trans- viding any assistance, the Fund shall reserve
section 103 of the Community Development action equivalent to the percentage of any 40 percent of such assistance for minority
Banking and Financial Institutions Act of fee the institution receives under the con- lending institutions.’’.
1994 (12 U.S.C. 4702). tract. (2) DEFINITIONS.—
(k) TASK FORCE ON LENDING TO SMALL BUSI- ‘‘(C) PARTNER.—A large financial institu- (A) IN GENERAL.—Section 103 of the Com-
NESS CONCERNS.— tion partner may work with small financial munity Development Banking and Financial
(1) DEFINITIONS.—In this subsection: institutions, if necessary, to train profes- Institutions Act of 1994 (12 U.S.C. 4702) is
(A) ADMINISTRATOR.—The term ‘‘Adminis- sionals to understand any risks involved in a amended by adding at the end the following:
trator’’ means the Administrator of the contract under the Program. ‘‘(22) MINORITY LENDING INSTITUTION DEFINI-
Small Business Administration. ‘‘(D) INCREASED LIMIT FOR CERTAIN INSTITU- TIONS.—
(B) COMMUNITY DEVELOPMENT FINANCIAL IN- TIONS.—With respect to a program described ‘‘(A) MINORITY.—The term ‘minority’
STITUTION.—The term ‘‘community develop- in subparagraph (A), if the Secretary of the means any Black American, Hispanic Amer-
ment financial institution’’ has the meaning Treasury determines that it would be appro- ican, Asian American, Native American, Na-
given the term in section 103 of the Commu- priate and would encourage capacity build- tive Alaskan, Native Hawaiian, or Pacific Is-
nity Development Banking and Financial In- ing, the Secretary may alter the require- lander.
stitutions Act of 1994 (12 U.S.C. 4702). ments under subparagraph (A) to require ‘‘(B) MINORITY LENDING INSTITUTION.—The
(C) IMPACT BANK.—The term ‘‘impact both— term ‘minority lending institution’ means a
bank’’ means a depository institution des- ‘‘(i) a higher percentage of the contract be community development financial institu-
ignated by the appropriate Federal banking offered to a small financial institution; and tion—
agency pursuant to section 4507(c). ‘‘(ii) require the small financial institution ‘‘(i) with respect to which a majority of the
(D) MINORITY DEPOSITORY INSTITUTION.— to be a community development financial in- total number of loans and a majority of the
The term ‘‘minority depository institution’’ stitution or a minority depository institu- value of investments of the community de-
has the meaning given the term in section tion. velopment financial institution are directed
308(b) of the Financial Institutions Reform, ‘‘(4) EXCLUSION.—The Secretary shall issue at minorities and other targeted popu-
Recovery, and Enforcement Act of 1989 (12 guidance or regulations to establish a proc- lations;
U.S.C. 1463 note). ess under which a financial agent, large fi- ‘‘(ii) that is a minority depository institu-
(E) SMALL BUSINESS CONCERN.—The term nancial institution, or small financial insti- tion, as defined in section 308(b) of the Fi-
‘‘small business concern’’ has the meaning tution may be excluded from participation in nancial Institutions Reform, Recovery, and
given the term in section 3 of the Small the Program. Enforcement Act of 1989 (12 U.S.C. 1463 note),
Business Act (15 U.S.C. 632). ‘‘(5) REPORT.—The Office of Minority and or otherwise considered to be a minority de-
dlhill on DSK120RN23PROD with SENATE
(2) TASK FORCE.—Not later than 180 days Women Inclusion of the Department of the pository institution by the appropriate Fed-
after the date of enactment of this Act, the Treasury shall include in the report sub- eral banking agency; or
Administrator shall establish a task force to mitted to Congress under section 342(e) of ‘‘(iii) that is 51 percent owned by 1 or more
examine methods for improving relation- the Dodd-Frank Wall Street Reform and socially and economically disadvantaged in-
ships between the Small Business Adminis- Consumer Protection Act (12 U.S.C. 5452(e)) dividuals.
tration and community development finan- information pertaining to the Program, in- ‘‘(C) ADDITIONAL DEFINITIONS.—In this para-
cial institutions, minority depository insti- cluding— graph, the terms ‘other targeted populations’
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7757
and ‘socially and economically disadvan- paragraph, adopted any policy, plan, or opment Financial Institutions Fund, includ-
taged individual’ shall have the meaning strategy to promote racial, ethnic, and gen- ing participating institutions and amounts
given those terms by the Administrator.’’. der diversity among— each institution has received under each pro-
(B) TEMPORARY SAFE HARBOR FOR CERTAIN ‘‘(i) the board of directors of the institu- gram described in paragraph (1).
INSTITUTIONS.—A community development fi- tion; (c) BREAKDOWN OF FUNDS.—Each report re-
nancial institution that is a minority deposi- ‘‘(ii) nominees for the board of directors of quired under subsection (b) shall specify the
tory institution listed in the Federal Deposit the institution; or amount of funds under each program de-
Insurance Corporation’s Minority Depository ‘‘(iii) the executive officers of the institu- scribed in subsection (b)(1) that went to—
Institutions List published for the Second tion. (1) minority depository institutions that
Quarter 2020 shall be deemed a ‘‘minority ‘‘(3) ANNUAL REPORT.—Not later than 18 are depository institutions;
lending institution’’ under paragraph (22) of months after the date of enactment of this (2) minority depository institutions that
section 103 of the Community Development subsection, and annually thereafter, the are credit unions;
Banking and Financial Institutions Act of Fund shall submit to the Committee on (3) minority lending institutions;
1994 (12 U.S.C. 4702), as added by subpara- Banking, Housing, and Urban Affairs of the (4) community development financial insti-
graph (A), for purposes of— Senate and the Committee on Financial tution loan funds;
(i) any program carried out using appro- Services of the House of Representatives, (5) community development financial insti-
priations authorized for the Community De- and make publicly available on the website tutions that are depository institutions; and
velopment Financial Institutions Fund of the Fund, a report— (6) community development financial insti-
under section 4506; and ‘‘(A) on the data and trends of the diversity tutions that are credit unions.
(ii) the Neighborhood Capital Investment information made available pursuant to SEC. 4512. INSPECTOR GENERAL OVERSIGHT.
Program established under section 4003(i) of paragraph (2); and (a) IN GENERAL.—The Inspector General of
the CARES Act, as added by section 4505(2) ‘‘(B) containing all administrative or legis- the Department of the Treasury shall con-
of this Act. lative recommendations of the Fund to en- duct, supervise, and coordinate audits and
(b) OFFICE OF MINORITY LENDING INSTITU- hance the implementation of this title or to investigations of any program established
TIONS.—Section 104 of the Community Devel- promote diversity and inclusion within com- under this subtitle or the amendments made
opment Banking and Financial Institutions munity development financial institutions.’’. by this subtitle.
Act of 1994 (12 U.S.C. 4703) is amended by add- SEC. 4510. CDFI BOND GUARANTEE REFORM. (b) REPORTING.—The Inspector General of
ing at the end the following: Effective January 1, 2021, section the Department of the Treasury shall issue a
‘‘(l) OFFICE OF MINORITY LENDING INSTITU- 114A(e)(2)(B) of the Community Development report not less frequently than 2 times per
TIONS.— year to Congress and the Secretary of the
Banking and Financial Institutions Act of
‘‘(1) ESTABLISHMENT.—There is established 1994 (12 U.S.C. 4713a(e)(2)(B)) is amended by Treasury relating to the oversight provided
within the Fund an Office of Minority Lend- striking ‘‘$100,000,000’’ and inserting by the Office of the Inspector General, in-
ing Institutions, which shall oversee assist- ‘‘$50,000,000’’. cluding any recommendations for improve-
ance provided by the Fund to minority lend- ments to the programs described in sub-
SEC. 4511. REPORTS.
ing institutions. section (a).
(a) DEFINITIONS.—In this section:
‘‘(2) DEPUTY DIRECTOR.—The head of the Of- SEC. 4513. STUDY AND REPORT WITH RESPECT
(1) APPROPRIATE COMMITTEES OF CON-
fice shall be the Deputy Director of Minority TO IMPACT OF PROGRAMS ON LOW-
GRESS.—The term ‘‘appropriate committees
Lending Institutions, who shall report di- AND MODERATE-INCOME AND MI-
of Congress’’ means the Committee on Bank-
rectly to the Administrator.’’. NORITY COMMUNITIES.
(c) REPORTING ON MINORITY LENDING INSTI- ing, Housing, and Urban Affairs of the Sen-
(a) STUDY.—The Secretary of the Treasury
TUTIONS.—Section 117 of the Community De- ate and the Committee on Financial Services
shall conduct a study of the impact of the
velopment Banking and Financial Institu- of the House of Representatives.
programs established under this title or any
tions Act of 1994 (12 U.S.C. 4716) is amended (2) COMMUNITY DEVELOPMENT FINANCIAL IN-
amendment made by this subtitle on low-
by adding at the end the following: STITUTION.—The term ‘‘community develop-
and moderate-income and minority commu-
‘‘(g) REPORTING ON MINORITY LENDING IN- ment financial institution’’ has the meaning
nities.
STITUTIONS.—Each report required under sub- given the term in section 103 of the Commu-
(b) REPORT.—Not later than 18 months
section (a) shall include a description of the nity Development Banking and Financial In-
after the date of enactment of this Act, the
extent to which assistance from the Fund is stitutions Act of 1994 (12 U.S.C. 4702).
Secretary shall submit to Congress a report
provided to minority lending institutions.’’. (3) CREDIT UNION.—The term ‘‘credit union’’
on the results of the study conducted pursu-
(d) SUBMISSION OF DATA RELATING TO DI- means a State credit union or a Federal
ant to subsection (a), which shall include, to
VERSITY BY COMMUNITY DEVELOPMENT FINAN- credit union, as those terms are defined in
the extent possible, the results of the study
CIAL INSTITUTIONS.—Section 104 of the Com- section 101 of the Federal Credit Union Act
disaggregated by ethnic group.
munity Development Banking and Financial (12 U.S.C. 1752).
(c) INFORMATION PROVIDED TO THE SEC-
Institutions Act of 1994 (12 U.S.C. 4703) is (4) DEPOSITORY INSTITUTION.—The term RETARY.—Eligible institutions that partici-
amended by adding at the end the following: ‘‘depository institution’’ has the meaning
pate in any of the programs described in sub-
‘‘(l) SUBMISSION OF DATA RELATING TO DI- given the term in section 3 of the Federal
section (a) shall provide the Secretary of the
VERSITY.— Deposit Insurance Act (12 U.S.C. 1813).
Treasury with such information as the Sec-
‘‘(1) DEFINITIONS.—In this subsection— (5) MINORITY DEPOSITORY INSTITUTION.—The
retary may require to carry out the study re-
‘‘(A) the term ‘executive officer’ has the term ‘‘minority depository institution’’ has
quired by this section.
meaning given the term in section 230.501(f) the meaning given the term in section 308(b)
of title 17, Code of Federal Regulations, as in of the Financial Institutions Reform, Recov- TITLE V—DOWNPAYMENT ON BUILDING
effect on the date of enactment of this sub- ery, and Enforcement Act of 1989 (12 U.S.C. 21ST CENTURY INFRASTRUCTURE
section; and 1463 note). SEC. 5001. FINDINGS.
‘‘(B) the term ‘veteran’ has the meaning (6) MINORITY LENDING INSTITUTION.—The Congress finds the following:
given the term in section 101 of title 38, term ‘‘minority lending institution’’ has the (1) This Act is a major proposal to re-pro-
United States Code. meaning given the term in paragraph (22) of gram billions of unspent CARES Act (Public
‘‘(2) SUBMISSION OF DISCLOSURE.—Each section 103 of the Community Development Law 116–136) funding in immediate and long-
Fund applicant and recipient shall provide Banking and Financial Institutions Act of term investments in Black communities and
the following: 1994 (12 U.S.C. 4702), as added by section other communities of color.
‘‘(A) Data, based on voluntary self-identi- 4506(d) of this Act. (2) The current COVID-19 pandemic has
fication, on the racial, ethnic, and gender (b) REPORTS.—The Secretary of the Treas- disproportionally impacted communities of
composition of— ury shall provide to the appropriate commit- color and exacerbated the conditions that,
‘‘(i) the board of directors of the institu- tees of Congress— combined with persistently underfunded
tion; (1) within 30 days of the end of each month critical priorities like public health, child
‘‘(ii) nominees for the board of directors of commencing with the first month in which care, infrastructure, and job creation, have
the institution; and transactions are made under a program es- led to record levels of poverty and sickness.
‘‘(iii) the executive officers of the institu- tablished under this subtitle or the amend- (3) The historical record of Federal under-
tion. ments made by this subtitle, a written re- investment in communities of color has cre-
‘‘(B) The status of any member of the port describing all of the transactions made ated systematic disparities that cross nearly
board of directors of the institution, any during the reporting period pursuant to the every economic sector and require Congres-
nominee for the board of directors of the in- authorities granted under this subtitle or sional and Executive action to undo.
dlhill on DSK120RN23PROD with SENATE
stitution, or any executive officer of the in- the amendments made by this subtitle; and (4) This Act makes critical short term in-
stitution, based on voluntary self-identifica- (2) after the end of March and the end of vestments to respond to these disparities ex-
tion, as a veteran. September, commencing March 31, 2021, a acerbated by the pandemic, in areas like in
‘‘(C) Whether the board of directors of the written report on all projected costs and li- child care, mental health and primary care,
institution, or any committee of that board abilities, all operating expenses, including and job creation.
of directors, has, as of the date on which the compensation for financial agents, and all (5) This Act has a secondary objective of
institution makes a disclosure under this transactions made by the Community Devel- helping to build long lasting wealth, health,
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S7758 CONGRESSIONAL RECORD — SENATE December 18, 2020
and economic stability in these communities (A) meets the qualifications in paragraph finds that process to be sufficient to avoid
with an initial commitment to be made over (a) or (b) of section 54.409 of title 47, Code of waste, fraud, and abuse while maintaining a
the next 5 years through investments in in- Federal Regulations (or any successor regu- goal of digital equity; or
frastructure, a homeowner down payment lation); (C) rely upon a school to verify the eligi-
tax credit, Medicaid expansion, and more. (B) receives free or reduced price meals bility of the household based on not less
(6) This Act is not the conclusion of efforts under— than 1 member of the household receiving
in this space, but an initial down payment to (i) the school lunch program established free or reduced price meals under the school
communities of color and the first in many under the Richard B. Russell National lunch program established under the Richard
focused investments and policy initiatives to School Lunch Act (42 U.S.C. 1751 et seq.); or B. Russell National School Lunch Act (42
begin dismantling systematic racism. (ii) the school breakfast program estab- U.S.C. 1751 et seq.).
Subtitle A—High-speed Internet lished under section 4 of the Child Nutrition (3) USE OF NATIONAL LIFELINE ELIGIBILITY
SEC. 5101. DEFINITIONS. Act of 1966 (42 U.S.C. 1773); VERIFIER.—The Commission shall—
In this subtitle: (C) experienced a substantial loss of in- (A) expedite the ability of all providers to
(1) ASSISTANT SECRETARY.—The term ‘‘As- come for not less than 2 consecutive months access the National Lifeline Eligibility
sistant Secretary’’ means the Assistant Sec- immediately preceding the month for which Verifier for purposes of determining whether
retary of Commerce for Communications and eligibility for the broadband benefit is being a household is an eligible household; and
Information. determined, documented by layoff or fur- (B) ensure that the National Lifeline Eligi-
(2) BROADBAND; BROADBAND SERVICE.—The lough notice, application for unemployment bility Verifier approves an eligible household
term ‘‘broadband’’ or ‘‘broadband service’’ insurance benefits, or similar documenta- to receive the broadband benefit not later
has the meaning given the term ‘‘broadband tion; or than 10 days after the date of the submission
internet access service’’ in section 8.1 of title (D) received a Federal Pell Grant under of information necessary to determine if the
47, Code of Federal Regulations, or any suc- section 401 of the Higher Education Act of household is an eligible household.
cessor regulation. 1965 (20 U.S.C. 1070a) in the most recent aca- (4) REIMBURSEMENT.—Using amounts from
(3) COMMISSION.—The term ‘‘Commission’’ demic year. the Broadband Connectivity Fund estab-
means the Federal Communications Com- (4) INTERNET SERVICE OFFERING.—The term lished under subsection (h), the Commission
mission. ‘‘internet service offering’’— shall reimburse a provider in an amount
(4) DIGITAL EQUITY.—The term ‘‘digital eq- (A) with respect to a provider that is pro- equal to the broadband benefit with respect
uity’’ means the condition in which individ- viding broadband service before the date of to an eligible household that receives the
uals and communities have the information enactment of this Act, means broadband broadband benefit from the provider.
technology capacity that is needed for full service provided by the provider to a house- (5) REIMBURSEMENT FOR CONNECTED DE-
hold, offered in the same manner, and on the VICE.—A provider that, in addition to pro-
participation in the society and economy of
the United States. same or better terms, as described in any of viding the broadband benefit to an eligible
(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ the provider’s advertisements for broadband household, supplies the household with a
has the meaning given the term in section 3 service to the household, as of May 1, 2020 (or connected device may be reimbursed not
of the Communications Act of 1934 (47 U.S.C. such later date as the Commission may by more than $100 from the Broadband
153), as amended by section 5126 of this Act. rule determine, if the Commission considers Connectivity Fund established under sub-
(6) NATIVE HAWAIIAN.—The term ‘‘Native it necessary); and section (h) for the connected device, if the
Hawaiian’’ has the meaning given the term (B) with respect to a provider that begins charge to the eligible household is more than
in section 3 of the Communications Act of providing broadband service after the date of $10 and less than $50 for the connected de-
1934 (47 U.S.C. 153), as amended by section enactment of this Act, means broadband vice, except that a provider may receive re-
5126 of this Act. service provided by the provider to a house- imbursement for not more than 1 connected
(7) TRIBAL LAND.—The term ‘‘Tribal land’’ hold, offered in the same manner, and on the device per eligible household.
has the meaning given the term in section 3 same or better terms, as the manner and (6) CERTIFICATION REQUIRED.—To receive a
of the Communications Act of 1934 (47 U.S.C. terms described in advertisements to the reimbursement under paragraph (4) or (5), a
153), as amended by section 5126 of this Act. household from another provider for similar provider shall provide to the Commission—
service as of May 1, 2020 (or such later date (A) a certification that the amount for
CHAPTER 1—BROADBAND CONNECTIVITY which the provider is seeking reimbursement
FUND as the Commission may by rule determine, if
the Commission considers it necessary); and from the Broadband Connectivity Fund for
SEC. 5111. DEFINITIONS. an internet service offering to an eligible
(5) NORMAL RATE.—The term ‘‘normal
In this chapter: rate’’, with respect to an internet service of- household is not more than the normal rate;
(1) LIFELINE PROGRAM.—The term ‘‘Lifeline fering by a provider, means the monthly re- (B) a certification that each eligible house-
program’’ means the program set forth under tail rate, including any applicable pro- hold for which the provider is seeking reim-
subpart E of part 54 of title 47, Code of Fed- motions and excluding any taxes or other bursement for providing an internet service
eral Regulations (or any successor regula- governmental fees, that was advertised on offering discounted by the broadband ben-
tion). May 1, 2020 (or such later date as the Com- efit—
(2) NATIONAL LIFELINE ELIGIBILITY
mission may by rule determine, if the Com- (i) has not been and will not be charged—
VERIFIER.—The term ‘‘National Lifeline Eli- (I) for the offering, if the normal rate for
mission considers it necessary)—
gibility Verifier’’ has the meaning given the (A) by the provider for that level of serv- the offering is not more than the amount of
term in section 54.400 of title 47, Code of Fed- ice, in the case of an internet service offer- the broadband benefit for the household; or
eral Regulations (or any successor regula- ing described in paragraph (4)(A); or (II) more for the offering than the dif-
tion). (B) by another provider for similar service, ference between—
(3) STATE.—The term ‘‘State’’ has the in the case of an internet service offering de- (aa) the normal rate for the offering; and
meaning given the term in section 3 of the scribed in paragraph (4)(B). (bb) the amount of the broadband benefit
Communications Act of 1934 (47 U.S.C. 153). (6) PROVIDER.—The term ‘‘provider’’ means for the household;
SEC. 5112. ADDITIONAL BROADBAND BENEFIT.
a provider of broadband service. (ii) will not be required to pay an early ter-
(a) DEFINITIONS.—In this section: (b) PROMULGATION OF REGULATIONS RE- mination fee if the eligible household—
(1) BROADBAND BENEFIT.—The term QUIRED.—Not later than 180 days after the (I) elects to enter into a contract to re-
‘‘broadband benefit’’ means a monthly dis- date of enactment of this Act, the Commis- ceive the internet service offering; and
count for an eligible household applied to the sion shall promulgate regulations imple- (II) later terminates the contract;
normal rate for an internet service offering, menting this section. (iii) was not subject to a mandatory wait-
in an amount equal to the lesser of— (c) REQUIREMENTS.—The regulations pro- ing period for the internet service offering
(A) the normal rate; or mulgated under subsection (b) shall establish based on having previously received
(B)(i) $50; or the following: broadband service from the provider; and
(ii) if an internet service offering is pro- (1) BROADBAND BENEFIT.—A provider shall— (iv)(I) will not be denied the internet serv-
vided to an eligible household on Tribal land, (A) provide an eligible household with an ice offering or connected device based on
$75. internet service offering, upon request by a consideration of a credit report or credit
(2) CONNECTED DEVICE.—The term ‘‘con- member of the household; and score; and
nected device’’ means a laptop or desktop (B) discount the price charged to the (II) in the case of an eligible household
computer or a tablet. household for the internet service offering in that would traditionally be determined ineli-
(3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligi- an amount equal to the broadband benefit gible based on consideration of a credit re-
ble household’’ means, regardless of whether for the household. port or credit score, is provided access to—
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the household or any member of the house- (2) VERIFICATION OF ELIGIBILITY.—To verify (aa) the best plan for internet service of-
hold receives support under the Lifeline pro- whether a household is an eligible household, fered by the provider with speeds of not less
gram, and regardless of whether any member a provider shall— than 25 megabits per second downstream and
of the household has any past or present ar- (A) use the National Lifeline Eligibility 3 megabits per second upstream, if the rate
rearages with a provider, a household in Verifier; for that offering is less than $50; or
which not less than 1 member of the house- (B) rely upon an alternative verification (bb) if a plan described in item (aa) is not
hold— process of the provider, if the Commission available for less than $50, the lowest-priced
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7759
internet service offering of the provider with to providers under the regulations required (c) ANNUAL REPORT.—Not later than 1 year
speeds of not less than 25 megabits per sec- under subsection (b). after the date of enactment of this Act, and
ond downstream and 3 megabits per second (4) RELATIONSHIP TO UNIVERSAL SERVICE each year thereafter, the Secretary of Agri-
upstream; CONTRIBUTIONS.—Reimbursements provided culture, in consultation with the Commis-
(C) a certification that each eligible house- under the regulations required under sub- sion, shall produce a report on enrollment in
hold for which the provider is seeking reim- section (b) shall be provided from amounts the Lifeline program by individuals partici-
bursement for supplying the household with made available under this subsection and not pating in the supplemental nutrition assist-
a connected device has not been and will not from contributions under section 254(d) of ance program established under the Food
be charged $10 or less or $50 or more for the the Communications Act of 1934 (47 U.S.C. and Nutrition Act of 2008 (7 U.S.C. 2011 et
device; and 254(d)), except the Commission may use seq.).
(D) if the provider elects an alternative those contributions if needed to offset ex- (d) STUDY.—Not later than 1 year after the
verification process under paragraph (2)(B)— penses associated with the reliance on the date of enactment of this Act, the Commis-
(i) a description of the process used by the National Lifeline Eligibility Verifier to de- sion shall conduct a study and submit a re-
provider to verify that a household is an eli- termine eligibility of households to receive port to Congress on—
gible household; and the broadband benefit. (1) the projected number of new broadband
(ii) a certification that the verification (5) LACK OF AVAILABILITY OF FUNDS.—The service consumers who adopted broadband
regulations required under subsection (b) service through a Federal assistance pro-
process was designed to avoid waste, fraud,
gram; and
and abuse while maintaining a goal of digital shall provide that a provider is not required
(2) data that illustrates the efficacy of var-
equity. to provide an eligible household with an
ious advertising efforts on eligibility for the
(7) AUDIT REQUIREMENTS.—The Commission internet service offering under subsection
Lifeline program.
shall adopt audit requirements to— (c)(1) for any month for which there are in-
(A) ensure that providers are in compliance sufficient amounts in the Broadband CHAPTER 2—TRIBAL BROADBAND
with the requirements under this section; Connectivity Fund to reimburse the provider SEC. 5121. DEFINITIONS.
(B) prevent waste, fraud, and abuse in the under subsection (c)(4) for providing the In this chapter:
broadband benefit program established under broadband benefit to the eligible household. (1) TRIBAL BROADBAND BENCHMARK.—The
this section; and SEC. 5113. GRANTS TO STATES TO STRENGTHEN term ‘‘Tribal broadband benchmark’’ means
(C) ensure that providers maintain a goal NATIONAL LIFELINE ELIGIBILITY the minimum acceptable level of broadband
of digital equity in carrying out the VERIFIER. service on Tribal land, which shall consist
broadband benefit program established under (a) IN GENERAL.—Not later than 30 days of—
this section. after the date of enactment of this Act, (A) speed that is not slower than the speed
(d) ELIGIBLE PROVIDERS.—Notwithstanding using amounts appropriated under sub- required for the service to qualify as an ad-
subsection (f), the Commission shall provide section (d), the Commission shall make a vanced telecommunications capability, as
a reimbursement to a provider under this grant to each State, in an amount in propor- that term is defined in section 706(d) of the
section without requiring the provider to be tion to the population of the State, for the Telecommunications Act of 1996 (47 U.S.C.
designated as an eligible telecommuni- purpose of connecting the database used by 1302(d)), as of the date on which that speed is
cations carrier under section 214(e) of the the State for purposes of the supplemental measured; and
Communications Act of 1934 (47 U.S.C. nutrition assistance program established (B) network round trip latency that is at
214(e)). under the Food and Nutrition Act of 2008 (7 or below 100 milliseconds for not less than 95
(e) RULE OF CONSTRUCTION.—Nothing in U.S.C. 2011 et seq.) to the National Lifeline percent of all peak period measurements of
this section shall affect the collection, dis- Eligibility Verifier, so that the receipt by a network round trip latency.
tribution, or administration of the Lifeline household of benefits under that program is (2) TRIBAL ENTITY.—The term ‘‘Tribal enti-
program. reflected in the National Lifeline Eligibility ty’’ has the meaning given the term in sec-
(f) PART 54 REGULATIONS.—Nothing in this Verifier. tion 3 of the Communications Act of 1934 (47
section shall be construed to prevent the (b) DISBURSEMENT OF GRANT FUNDS.—Not U.S.C. 153), as amended by section 5126 of
Commission from providing that the regula- later than 60 days after the date of enact- this Act.
tions in part 54 of title 47, Code of Federal ment of this Act, the Commission shall dis- (3) TRIBAL GOVERNMENT.—The term ‘‘Tribal
Regulations (or any successor regulation), burse funds under a grant made under sub- government’’ means the governing body of a
with respect to support provided under the section (a) to the State receiving the grant. Tribal entity.
regulations required under subsection (b)— (c) CERTIFICATION TO CONGRESS.—Not later (4) UNDERSERVED TRIBAL ENTITY.—
(1) shall apply in whole or in part to that than 90 days after the date of enactment of (A) IN GENERAL.—The term ‘‘underserved
support; this Act, the Commission shall certify to the Tribal entity’’ means a Tribal entity, the
(2) shall not apply in whole or in part to Committee on Commerce, Science, and Tribal land of which—
that support; or Transportation of the Senate and the Com- (i) lacks affordable broadband service; or
(3) shall be modified in whole or in part for mittee on Energy and Commerce of the (ii) has subscription rates for broadband
purposes of application to that support. House of Representatives that the Commis- service that are below 80 percent, as deter-
(g) ENFORCEMENT.— sion has— mined by the Commission.
(1) TREATMENT AS VIOLATION OF COMMUNICA- (1) made the grants required under sub- (B) ASSOCIATED DEFINITION.—In this para-
TIONS ACT OF 1934.—A violation of this section section (a); and graph, the term ‘‘affordable broadband serv-
or a regulation promulgated under this sec- (2) disbursed funds as required under sub- ice’’ means broadband service on Tribal land,
tion, including the knowing or reckless de- section (b). the rates for which are not more than the av-
nial of an internet service offering dis- (d) APPROPRIATION.—There is appropriated erage rates charged for broadband service in
counted by the broadband benefit to an eligi- to the Commission, out of any money in the the 5 nearest municipalities to that Tribal
ble household that requests such an offering, Treasury not otherwise appropriated, land that have a population of more than
shall be treated as a violation of the Commu- $400,000,000 to carry out this section for fiscal 10,000 individuals, as determined by the Com-
nications Act of 1934 (47 U.S.C. 151 et seq.) or year 2021, to remain available until ex- mission.
a regulation promulgated under that Act. pended. SEC. 5122. TRIBAL BROADBAND FUND.
(2) INCORPORATION OF TERMS AND PROVI- SEC. 5114. FEDERAL COORDINATION BETWEEN (a) ESTABLISHMENT.—There is established
SIONS.—The Commission shall enforce this LIFELINE AND SNAP VERIFICATION. in the Treasury of the United States a fund
section and the regulations promulgated (a) DEFINITION.—In this section, the term to be known as the ‘‘Tribal Broadband
under this section in the same manner, by ‘‘automated connection’’ means a connec- Fund’’.
the same means, and with the same jurisdic- tion, to the maximum extent practicable, be- (b) APPROPRIATION.—There is appropriated
tion, powers, and duties as though all appli- tween 2 or more information systems where to the Tribal Broadband Fund, out of any
cable terms and provisions of the Commu- the manual input of information in 1 system money in the Treasury not otherwise appro-
nications Act of 1934 were incorporated into leads to the automatic input of the same in- priated, $14,300,000,000 for fiscal year 2021, to
and made a part of this section. formation any other connected system. remain available until expended.
(h) BROADBAND CONNECTIVITY FUND.— (b) ESTABLISHMENT OF AUTOMATED CONNEC- (c) USE OF FUNDS.—Amounts in the Tribal
(1) ESTABLISHMENT.—There is established TION.—Notwithstanding section 11(x)(2)(c)(i) Broadband Fund shall be available to the
in the Treasury of the United States a fund of the Food and Nutrition Act of 2008 (7 Commission to—
to be known as the ‘‘Broadband Connectivity U.S.C. 2020(x)(2)(C)(i)), not later than 180 (1) support the rapid development and de-
Fund’’. days after the date of enactment of this Act, ployment of broadband service on Tribal
(2) APPROPRIATION.—There is appropriated the Commission shall, in coordination with land;
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to the Broadband Connectivity Fund, out of the Secretary of Agriculture, establish an (2) provide broadband service to qualifying
any money in the Treasury not otherwise ap- automated connection, to the maximum ex- anchor institutions (as defined in section
propriated, $20,975,000,000 for fiscal year 2021, tent practicable, between the National Life- 5124);
to remain available until expended. line Eligibility Verifier and the National Ac- (3) provide broadband education, aware-
(3) USE OF FUNDS.—Amounts in the curacy Clearinghouse established under sec- ness, training, access, and equipment to
Broadband Connectivity Fund shall be avail- tion 11(x) of the Food and Nutrition Act of broadband providers that serve Tribal land;
able to the Commission for reimbursements 2008 (7 U.S.C. 2020(x)). and
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S7760 CONGRESSIONAL RECORD — SENATE December 18, 2020
(4) support the activities of the Tribal (i) to identify and document Federal and in rural and high-cost areas that are adja-
Broadband Interagency Working Group es- non-Federal programs and funding opportu- cent to Tribal land.
tablished under section 5123(b), in accord- nities that support Tribal broadband deploy- (6) AUTHORIZATION OF APPROPRIATIONS.—
ance with section 5123(c)(6). ment; and For each of fiscal years 2021 through 2025, the
SEC. 5123. INTERAGENCY COORDINATION PRO- (ii) if practicable, to leverage existing pro- Commission may transfer not more than
GRAM. grams by encouraging joint solicitations, $5,000,000 of the amounts made available
(a) PURPOSE.—The purpose of this section block grants, and matching programs with from the Tribal Broadband Fund established
is to— non-Federal entities; and under section 5122 to the Working Group to
(1) expedite and streamline the deployment (G) develop a standardized form that iden- carry out subsection (b) and this subsection.
of affordable broadband service on Tribal tifies all applicable Federal statutory provi- (d) STREAMLINED APPLICATIONS FOR SUP-
land through the coordination of grants or sions, regulations, policies, or procedures PORT.—
other financial assistance; that the Working Group determines are nec- (1) AGENCY CONSULTATION.—The Assistant
(2) improve the effectiveness of Federal as- essary to adhere to in order to implement a Secretary shall consult with each Federal
sistance in meeting the obligation of the Tribal broadband deployment plan. agency that offers a Federal broadband sup-
Commission to ensure universal availability port program to Tribal entities to streamline
(c) TRIBAL BROADBAND DEPLOYMENT
of broadband networks to all people of the and standardize the application process for
PLAN.—
United States, including individuals living grants or other financial assistance under
(1) IDENTIFICATION OF UNDERSERVED TRIBAL
on Tribal land; and the program.
ENTITIES.—Not later than 180 days after the
(3) ensure the preservation and protection (2) AGENCY STREAMLINING.—A Federal
date of enactment of this Act, the Chairman agency that offers a Federal broadband sup-
of self-governance, economic opportunity,
of the Commission, in coordination with the port program to Tribal entities shall amend
health, education, public safety, and welfare
of Tribal entities. Secretary of the Interior, shall identify each the application for broadband support from
(b) INTERAGENCY WORKING GROUP.— underserved Tribal entity and publish a list the program, to the extent practicable and
(1) ESTABLISHMENT.—The Assistant Sec- of such entities in the Federal Register. as necessary, in order to streamline and
retary and the Administrator of the Rural (2) NOTICE TO UNDERSERVED TRIBAL ENTI- standardize applications for Federal
Utilities Service (referred to in this section TIES.—Not later than 30 days after the date broadband support programs across the Fed-
as the ‘‘Administrator’’) shall establish a on which the list is published in the Federal eral Government.
working group to be known as the ‘‘Tribal Register under paragraph (1), the Working (3) SINGLE APPLICATION.—To the greatest
Broadband Interagency Working Group’’ (re- Group shall send notice to each underserved extent practicable, the Assistant Secretary
ferred to in this section as the ‘‘Working Tribal entity on the list inviting the entity shall seek to create 1 application that may
Group’’) to carry out the duties described in to request technical assistance for the devel- be submitted to apply for support from all
paragraph (3). opment of a Tribal broadband deployment Federal broadband support programs.
(2) ADMINISTRATION.— plan under this subsection. (4) CENTRAL WEBSITE.—Not later than 180
(A) CHAIRS.—The Assistant Secretary and (3) TECHNICAL ASSISTANCE.—At the request days after the date of enactment of this Act,
the Administrator shall serve as co-chairs of of an underserved Tribal entity, the Working the Assistant Secretary shall create a cen-
the Working Group. Group shall provide the entity with tech- tral website through which a potential appli-
(B) MEMBERSHIP; STAFFING.—The Assistant nical assistance to facilitate the develop- cant can learn about and apply for support
Secretary and the Administrator, in con- ment, adoption, and deployment of a Tribal from any Federal broadband support pro-
sultation with the Tribal Broadband Deploy- broadband development plan detailing the gram.
ment Advisory Committee established under current and projected efforts of the entity to (e) TRIBAL BROADBAND DEPLOYMENT ADVI-
subsection (e), shall determine the member- meet the Tribal broadband benchmark. SORY COMMITTEE.—
ship and staffing of the Working Group. (4) PLAN ELEMENTS.—Each Tribal (1) ESTABLISHMENT.—There is established
(3) DUTIES.—The Working Group shall— broadband deployment plan developed under the Tribal Broadband Deployment Advisory
(A)(i) serve as a forum for improving co- this subsection shall— Committee (referred to in this subsection as
ordination across Federal broadband pro- (A) describe a comprehensive strategy the ‘‘Committee’’).
grams that are available to Tribal entities; identifying the full range of options to meet (2) PURPOSES; SCOPE OF ACTIVITIES.—
(ii) reduce regulatory barriers to the Tribal broadband benchmark; (A) PURPOSES.—The purposes of the Com-
broadband deployment on Tribal land; (B) describe all available Federal programs mittee are—
(iii) promote awareness of the value and that are available to assist the applicable (i) to make recommendations to Congress
availability of Federal support for broadband underserved Tribal entity in meeting the regarding how to accelerate the deployment
deployment on Tribal land; and Tribal broadband benchmark; of broadband service on Tribal land by—
(iv) develop common Federal goals, per- (C) describe the way in which Federal pro- (I) reducing or removing statutory and reg-
formance measures, and plans to deploy af- gram activities and funds shall be inte- ulatory barriers to investment in broadband
fordable broadband to Tribal land; grated, consolidated, and delivered to the ap- infrastructure; and
(B) not later than 1 year after the date of plicable underserved Tribal entity to meet (II) strengthening existing broadband net-
enactment of this Act, and biennially there- the Tribal broadband benchmark; works on Tribal land; and
after, issue a strategic plan regarding Tribal (D) describe the results expected from im- (ii) to provide an effective means for Tribal
broadband deployment activities, priorities, plementing the plan, including the expected entities to engage with governmental enti-
and objectives; number of additional households or partici- ties and professionals with expertise and
(C) promote coordination of the activities pants that would be served due to the imple- backgrounds in broadband, telecommuni-
of Federal agencies on Tribal broadband de- mentation of the plan; cations, information technology, and infra-
ployment activities, including the activities (E) identify the projected non-Federal ex- structure deployment and adoption in the
of— penditures under the plan; areas covered by the Committee to exchange
(i) the Department of Agriculture; (F) identify any agency of the applicable ideas and develop recommendations to Con-
(ii) the Department of Commerce; underserved Tribal entity that will be in- gress regarding the deployment of broadband
(iii) the Department of Education; volved in the delivery of the services inte- on Tribal land.
(iv) the Department of Health and Human grated under the plan; (B) CONSIDERATION OF ISSUES.—The Com-
Services; (G) identify all applicable Federal, State, mittee may consider issues that include—
(v) the Department of Housing and Urban and Tribal statutory provisions, regulations, (i) measures to prepare for, respond to, and
Development; policies, or procedures that the Working recover from disasters that impact
(vi) the Department of the Interior; Group determines are necessary to adhere to broadband networks;
(vii) the Department of Labor; in order to implement the plan; (ii) new ways of encouraging deployment of
(viii) the Commission; (H) identify opportunities for the applica- broadband infrastructure and services on
(ix) the Institute of Museum and Library ble underserved Tribal entity to purchase Tribal land; and
Services; and spectrum; and (iii) other ways to accelerate the deploy-
(x) any other Federal agency that the (I) identify— ment of broadband infrastructure to Tribal
Working Group considers appropriate; (i) deployment obstacles; and land.
(D) provide technical assistance for the de- (ii) activities that are necessary to ensure (3) DUTIES.—The Committee shall provide
velopment of Tribal broadband deployment access to affordable broadband, including recommendations to Congress on issues re-
plans to meet the Tribal broadband bench- digital literacy training, technical support, lating to the deployment of broadband on
mark; privacy and cybersecurity expertise, or other Tribal land.
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(E) under subsection (d), develop a stream- end-user technology needs. (4) MEMBERSHIP.—
lined and standardized application process (5) PROMOTING BROADBAND AVAILABILITY.— (A) IN GENERAL.—The Committee shall con-
for grants and other financial assistance to The Working Group shall work in partner- sist of 16 voluntary representatives as fol-
advance the deployment of broadband on ship with State, local, and Tribal govern- lows:
Tribal land; ments, and consumer and industry groups, to (i) 12 authorized representatives of Tribal
(F) promote information exchange between promote broadband availability to each un- governments, each of whom shall represent a
Federal agencies— derserved Tribal entity, including consumers different Bureau of Indian Affairs region.
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7761
(ii) 4 authorized representatives of Tribal (1) TRIBAL SET-ASIDE.—Notwithstanding ment of this Act, the Commission shall pro-
governments, each of whom shall serve as an any other provision of law, effective begin- mulgate regulations under which the Com-
at-large representative. ning in fiscal year 2021 and for each fiscal mission, on and after the effective date of
(B) QUALIFICATIONS.—Each member of the year thereafter, the Secretary of Agriculture the regulations, shall—
Committee described in subparagraph (A) (referred to in this subsection as the ‘‘Sec- (A) set aside 5 percent of the amounts allo-
shall— retary’’) shall set aside for broadband adop- cated for each Federal universal service sup-
(i) be an elected Tribal official or author- tion and deployment on Tribal land not less port program established under section 254 of
ized representative of an elected Tribal offi- than 20 percent of the amounts made avail- the Communications Act of 1934 (47 U.S.C.
cial; able for that fiscal year for each of the fol- 254), including each program carried out
(ii) act in the official capacity of the mem- lowing: under subparts D through G and J through M
ber as an elected official of the entity; (A) The Telecommunications Infrastruc- of part 54 of title 47, Code of Federal Regula-
(iii) have the authority to participate on ture Loan and Loan Guarantee Program es- tions, or any successor regulations; and
behalf of the Tribe; and tablished under the Rural Electrification Act (B) with respect to the amount set aside
(iv) be qualified to represent the views of of 1936 (7 U.S.C. 901 et seq.). from each program under subparagraph (A),
all Tribal entities located in the region of (B) The initiative under section 306F of distribute that amount for the purpose of ex-
the Bureau of Indian Affairs represented by that Act (7 U.S.C. 936f). panding access to broadband service on Trib-
the member. (C) The Community Connect Grant Pro- al land, in accordance with the otherwise ap-
(C) CHAIR.—The Assistant Secretary shall gram established under section 604 of that plicable requirements of the program.
appoint a Chair of the Committee, who Act (7 U.S.C. 950bb–3). (2) LIFELINE PROGRAM.—
shall— (D) Financial assistance under chapter 1 of (A) INITIAL INCREASE IN TRIBAL LAND SUP-
(i) approve or call all of the meetings of subtitle D of title XXIII of the Food, Agri- PORT AMOUNT.—For the first 12-month period
the Committee and subcommittees of the culture, Conservation, and Trade Act of 1990 beginning 2 years after the date of enact-
Committee; (7 U.S.C. 950aaa et seq.), under section 2335A ment of this Act, in the case of Tribal land
(ii) prepare and approve all meeting agen- of that Act (7 U.S.C. 950aaa–5). pertaining to a Tribal entity that has not
das; (E) The broadband loan and grant pilot met the Tribal broadband benchmark, the
(iii) attend all Committee and sub- program described in section 779 of division Commission shall increase the monthly cap
committee meetings; A of the Consolidated Appropriations Act, on additional Federal lifeline support made
(iv) adjourn any meeting when the Chair 2018 (Public Law 115–141). available to an eligible telecommunications
determines that adjournment to be in the (2) COMMUNITY CONNECT GRANT PROGRAM.— carrier providing Lifeline service to an eligi-
public interest; and (A) DEFINITION OF ELIGIBLE ENTITY.—Sec- ble resident of that Tribal land under section
(v) chair meetings when directed to do so tion 604(a)(3) of the Rural Electrification Act 54.403(a)(3) of title 47, Code of Federal Regu-
by the Assistant Secretary. of 1936 (7 U.S.C. 950bb–3(a)(3)) is amended— lations, or any successor regulation, by $10.
(5) MEETINGS.— (i) in subparagraph (A)(i)(II), by striking (B) ANNUAL INCREASE.—For each subse-
(A) FREQUENCY.—The Committee shall ‘‘or Tribal organization’’ and inserting ‘‘, quent 12-month period after the 12-month pe-
meet not less frequently than 3 times per Tribal organization, or Indian-owned busi- riod described in subparagraph (A), in the
year. ness (as defined in section 3 of the Native case of Tribal land pertaining to a Tribal en-
American Business Development, Trade Pro-
(B) TRANSPARENCY.—The meetings of the tity that has not met the Tribal broadband
motion, and Tourism Act of 2000 (25 U.S.C.
Committee shall be open to the public and benchmark, the Commission shall increase
4302))’’; and
timely notice of each such meeting shall be the monthly cap described in that paragraph
(ii) in subparagraph (B)(ii), by inserting ‘‘,
published— by an additional $10.
unless the partnership is an Indian-owned
(i) in the Federal Register; and SEC. 5126. UNIVERSAL SERVICE ON TRIBAL LAND.
business (as defined in section 3 of the Native
(ii) through other appropriate methods. (a) DEFINITIONS.—Section 3 of the Commu-
American Business Development, Trade Pro-
(6) SUPPORT.— nications Act of 1934 (47 U.S.C. 153) is amend-
motion, and Tourism Act of 2000 (25 U.S.C.
(A) FACILITIES AND STAFF.—The Assistant ed—
4302))’’ before the period at the end.
Secretary shall provide the facilities and (1) by redesignating paragraphs (58) and
(B) EXEMPTION FROM MATCHING FUNDS RE-
support staff necessary to conduct meetings QUIREMENT.—Section 604(e)(1) of the Rural (59) as paragraphs (62) and (63), respectively;
of the Committee. Electrification Act of 1936 (7 U.S.C. 950bb– (2) by redesignating paragraphs (35)
(B) COMPENSATION.—A member of the Com- 3(e)(1)) is amended by inserting ‘‘(other than through (57) as paragraphs (37) through (59),
mittee shall serve without any compensation an underserved Tribal entity (as defined in respectively;
from the Federal Government. section 5121 of the Economic Justice Act))’’ (3) by redesignating paragraphs (24)
(C) TRAVEL EXPENSES.—A member of the after ‘‘eligible entity’’. through (34) as paragraphs (25) through (35),
Committee shall be allowed travel expenses, (C) EXEMPTION FROM APPLICATION REQUIRE- respectively;
including per diem in lieu of subsistence, at MENTS.—Section 604(f) of the Rural Elec- (4) by inserting after paragraph (23) the fol-
rates authorized for an employee of an agen- trification Act of 1936 (7 U.S.C. 950bb–3(f)) is lowing:
cy under subchapter I of chapter 57 of title 5, amended by adding at the end the following: ‘‘(24) INDIAN TRIBE.—The term ‘Indian
United States Code, while away from the ‘‘(3) EXEMPTIONS FOR TRIBAL ENTITIES.— Tribe’ has the meaning given the term ‘In-
home or regular place of business of the Notwithstanding paragraphs (1) and (2), the dian tribe’ in section 4 of the Indian Self-De-
member in the performance of the duties of Secretary shall not require a Tribal entity termination and Education Assistance Act
the Committee. (as defined in section 5121 of the Economic (25 U.S.C. 5304).’’;
SEC. 5124. BROADBAND FOR TRIBAL LIBRARIES Justice Act) to submit a system design de- (5) by inserting after paragraph (35), as so
AND CONSORTIUMS. redesignated, the following:
scribed in subsection (d) of section 1739.15 of
(a) DEFINITION.—In this section, the term title 7, Code of Federal Regulations (or suc- ‘‘(36) NATIVE HAWAIIAN.—The term ‘Native
‘‘qualifying anchor institution’’ means a fa- cessor regulations), or financial information Hawaiian’ has the meaning given the term in
cility owned by an Indian Tribe, serving In- described in subsection (h)(2) of that section, section 801 of the Native American Housing
dian Tribes, or serving American Indians, to be eligible to receive a grant under the Assistance and Self-Determination Act of
Alaskan Natives, or Native Hawaiian com- Program.’’. 1996 (25 U.S.C. 4221).’’; and
munities, including— (3) BROADBAND LOAN AND GRANT PILOT PRO- (6) by inserting after paragraph (59), as so
(1) a Tribal library or Tribal library con- GRAM.— redesignated, the following:
sortium; or (A) IN GENERAL.—Notwithstanding any ‘‘(60) TRIBAL ENTITY.—The term ‘Tribal en-
(2) a Tribal government building, chapter other provision of law, a Tribal entity shall tity’—
house, longhouse, community center, senior be considered to be eligible for funding under ‘‘(A) means an Indian Tribe; and
center, or other similar public building. the broadband loan and grant pilot program ‘‘(B) includes a Native Hawaiian commu-
(b) ELIGIBILITY OF LIBRARIES AND OTHER described in section 779 of division A of the nity.
ANCHOR INSTITUTIONS FOR E-RATE SUPPORT.— Consolidated Appropriations Act, 2018 (Pub- ‘‘(61) TRIBAL LAND.—The term ‘Tribal land’
The Commission shall amend section lic Law 115–141; 132 Stat. 399). means—
54.501(b) of title 47, Code of Federal Regula- (B) EXEMPTIONS.—The Secretary of Agri- ‘‘(A) any land located within the bound-
tions, to provide that a qualifying anchor in- culture shall exempt underserved Tribal en- aries of—
stitution shall be eligible for a discount on tities from the application requirements ‘‘(i) an Indian reservation, pueblo, or
telecommunications and other supported under the pilot program described in sub- rancheria; or
services under subpart F of part 54 of that paragraph (A)— ‘‘(ii) a former reservation within Okla-
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title, without regard to whether the quali- (i) to submit a network design; and homa;
fying anchor institution is eligible for assist- (ii) to provide a matching contribution ‘‘(B) any land not located within the
ance from a State library administrative equal to 25 percent of the overall cost of the boundaries of an Indian reservation, pueblo,
agency under the Library Services and Tech- project. or rancheria, the title to which is held—
nology Act (20 U.S.C. 9121 et seq.). (b) UNIVERSAL SERVICE FUND.— ‘‘(i) in trust by the United States for the
SEC. 5125. TRIBAL SET-ASIDE. (1) UNIVERSAL SERVICE GENERALLY.—Not benefit of an Indian Tribe or an individual
(a) RURAL UTILITIES SERVICE.— later than 180 days after the date of enact- Indian;
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