II 

116TH CONGRESS 

2D SESSION S. 5065 

To provide more than $435,000,000,000 in immediate and long-term investments in communities to promote economic justice, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 18, 2020 

Mr. SCHUMER (for himself, Mrs. MURRAY, Mr. WYDEN, Mr. DURBIN, Mr. 

REED, Mr. CARPER, Ms. STABENOW, Mr. BROWN, Mr. WARNER, Mrs. 

GILLIBRAND, Ms. HIRONO, Mr. BOOKER, Ms. DUCKWORTH, Ms. HARRIS, 

Mr. UDALL, Mr. CARDIN, Ms. BALDWIN, Mr. MERKLEY, Mr. 

WHITEHOUSE, Mr. SCHATZ, Mr. SANDERS, Ms. KLOBUCHAR, Mr. 

BLUMENTHAL, Mr. VAN HOLLEN, Mr. HEINRICH, and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To provide more than $435,000,000,000 in immediate and 

long-term investments in communities to promote economic justice, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Economic Justice 

5 Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents of this Act is the following: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Emergency designation. 

TITLE I—CHILD CARE IS ESSENTIAL PROGRAM 

Sec. 1001. Child care is essential program. 

TITLE II—EXPANDING AND IMPROVING ACCESS TO COMMUNITY 

HEALTH CARE 

Subtitle A—Support for Health Centers, Hospitals, and Other Health Care 

Facilities 

Sec. 2101. Primary health care. 

Sec. 2102. Additional community health center funding. 

Sec. 2103. Teaching health centers that operate graduate medical education 

program. 

Sec. 2104. Hospital infrastructure. 

Sec. 2105. 21st century Indian health program hospitals and outpatient health 

care facilities. 

Sec. 2106. Pilot program to improve community-based care infrastructure. 

Sec. 2107. School-based health centers. 

Subtitle B—Support for Health Care Workforce Training 

Sec. 2201. Grants for schools of medicine and schools of osteopathic medicine 

in underserved areas. 

Sec. 2202. Support for nursing education and the future nursing workforce. 

Sec. 2203. Loan Repayment Program for substance use disorder treatment 

workforce. 

Sec. 2204. Loan repayment and scholarship programs for the nursing workforce. 

Sec. 2205. Additional funding for health professions education. 

Sec. 2206. Additional funding for nursing workforce development. 

Sec. 2207. National Health Service Corps. 

Subtitle C—Improving Access to Health Care Services 

Sec. 2301. Expanding access to mental health services and certain evaluation 

and management services furnished through telehealth. 

Sec. 2302. Enhanced Federal Medicaid support for community-based mobile 

crisis intervention services. 

Sec. 2303. Extension and expansion of Community Mental Health Services 

demonstration program; funding for the Certified Community 

Behavioral Health Clinic Expansion Grant Program. 

Sec. 2304. Expanding capacity for health outcomes. 

Sec. 2305. Ryan White HIV/AIDS program. 

Sec. 2306. Community mental health services block grant. 

Sec. 2307. Substance abuse prevention and treatment block grant. 

TITLE III—FEDERALLY SUPPORTED JOBS, TRAINING, AND ATRISK YOUTH INITIATIVES 


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Subtitle A—Department of Labor Employment and Training Programs 

Sec. 3101. Definitions and WIOA requirements. 

CHAPTER 1—WORKFORCE DEVELOPMENT ACTIVITIES IN RESPONSE TO THE

COVID–19 NATIONAL EMERGENCY

Sec. 3111. Workforce response activities. 

Sec. 3112. National dislocated worker grants. 

Sec. 3113. State dislocated worker activities responding to the COVID–19 

emergency. 

Sec. 3114. Youth workforce investment activities responding to the COVID–19 

national emergency. 

Sec. 3115. Adult employment and training activities responding to the COVID– 

19 national emergency. 

CHAPTER 2—EMPLOYMENT SERVICE COVID–19 NATIONAL EMERGENCY

RESPONSE FUND

Sec. 3121. Employment service. 

CHAPTER 3—JOB CORPS RESPONSE TO THE COVID–19 NATIONAL

EMERGENCY

Sec. 3131. Job Corps response to the COVID–19 national emergency. 

CHAPTER 4—NATIONAL PROGRAMS

Sec. 3141. Native American programs responding to the COVID–19 national 

emergency. 

Sec. 3142. Migrant and seasonal farmworker program response. 

Sec. 3143. YouthBuild activities responding to the COVID–19 national emergency. 

Sec. 3144. Reentry employment opportunities responding to the COVID–19 national emergency. 

Sec. 3145. Registered apprenticeship opportunities responding to the COVID– 

19 national emergency. 

CHAPTER 5—ADULT EDUCATION AND LITERACY COVID–19 NATIONAL

EMERGENCY RESPONSE

Sec. 3151. Definitions. 

Sec. 3152. Adult education and literacy response activities. 

Sec. 3153. Distribution of funds. 

CHAPTER 6—COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS

Sec. 3161. Community college and industry partnership grants. 

CHAPTER 7—SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

Sec. 3171. Appropriations. 

CHAPTER 8—GENERAL PROVISIONS

Sec. 3176. General provisions. 

Subtitle B—Carl D. Perkins Career and Technical Education Act of 2006 

Sec. 3201. Definitions and Perkins CTE requirements. 


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Sec. 3202. COVID–19 career and technical education response flexibility. 

Sec. 3203. Perkins career and technical education. 

Sec. 3204. General provisions. 

Subtitle C—Pandemic TANF Assistance 

Sec. 3301. Emergency flexibility for State and Tribal TANF programs. 

Sec. 3302. Coronavirus Emergency Assistance Grants for Low-Income Families. 

Subtitle D—Preventing Child Abuse and Neglect 

Sec. 3401. CAPTA investments. 

Subtitle E—Modernizing Child Support 

Sec. 3501. Short title; definition. 

CHAPTER 1—PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING

LOW-INCOME FAMILIES

Sec. 3511. Reauthorization of healthy marriage promotion and responsible fatherhood grants. 

CHAPTER 2—IMPROVING RESOURCES FOR DOMESTIC VIOLENCE AND FAMILY

STRENGTHENING

Sec. 3521. Best practices for coordination of policy to address domestic violence 

and family engagement. 

Sec. 3522. Grants supporting healthy family partnerships for domestic violence 

intervention and prevention. 

Sec. 3523. Procedures to address domestic violence. 

CHAPTER 3—MODERNIZATION OF CHILD SUPPORT ENFORCEMENT

Sec. 3531. Pilot program to stay automatic child support enforcement against 

non-custodial parents participating in a healthy marriage or responsible fatherhood program. 

Sec. 3532. Closure of certain child support enforcement cases. 

CHAPTER 4—PARENTING TIME SERVICES PILOT PROGRAM

Sec. 3541. Parenting time services pilot program. 

CHAPTER 5—IMPROVEMENTS TO THE CHILD SUPPORT PASS-THROUGH

REQUIREMENTS

Sec. 3551. Child support pass-through program improvements. 

Sec. 3552. Ban on recovery of Medicaid costs for births. 

Sec. 3553. Improving State documentation and reporting of child support collection data. 

CHAPTER 6—PROGRAM FLEXIBILITY DURING THE COVID–19 PANDEMIC

Sec. 3561. Emergency TANF flexibility. 

Sec. 3562. 2020 recovery rebates not subject to reduction or offset with respect 

to past-due support. 

Sec. 3563. Protection of 2020 recovery rebates. 

CHAPTER 7—EFFECTIVE DATE


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Sec. 3571. Effective date. 

TITLE IV—CAPITAL AND SUPPORT FOR SMALL BUSINESSES 

Subtitle A—More Lending to Small Businesses in Communities of Color 

Sec. 4101. Community advantage loan program. 

Sec. 4102. Spurring innovation in underserved markets. 

Sec. 4103. Office of Emerging Markets. 

Sec. 4104. SBIC Diversity Working Group. 

Subtitle B—Minority Business Resiliency 

Sec. 4201. Short title. 

Sec. 4202. Findings and purposes. 

Sec. 4203. Definitions. 

Sec. 4204. Minority Business Development Agency. 

CHAPTER 1—COVID–19 RAPID RESPONSE

Sec. 4211. Emergency appropriation. 

CHAPTER 2—EXISTING INITIATIVES

SUBCHAPTER A—MARKET DEVELOPMENT, RESEARCH, AND INFORMATION

Sec. 4221. Private sector development. 

Sec. 4222. Public sector development. 

Sec. 4223. Research and information. 

SUBCHAPTER B—MINORITY BUSINESS DEVELOPMENT CENTER PROGRAM

Sec. 4231. Purpose. 

Sec. 4232. Definitions. 

Sec. 4233. Establishment. 

Sec. 4234. Cooperative agreements. 

Sec. 4235. Minimizing disruptions to existing Business Centers program. 

Sec. 4236. Publicity. 

Sec. 4237. Authorization of appropriations. 

CHAPTER 3—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR

MINORITY BUSINESSES

Sec. 4241. Annual diverse business forum on capital formation. 

Sec. 4242. Agency study on alternative financing solutions. 

Sec. 4243. Educational development relating to management and entrepreneurship. 

CHAPTER 4—ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; 

MISCELLANEOUS PROVISIONS

Sec. 4251. Administrative powers. 

Sec. 4252. Financial assistance. 

Sec. 4253. Audits. 

Sec. 4254. Review and report by Comptroller General. 

Sec. 4255. Annual reports; recommendations. 

Sec. 4256. Separability. 

Sec. 4257. Executive Order 11625. 

Sec. 4258. Amendment to the Federal Acquisition Streamlining Act of 1994. 


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Subtitle C—PRIME Program 

Sec. 4301. Funding for PRIME program. 

Subtitle D—Providing Real Opportunities for Growth to Rising Entrepreneurs 

for Sustained Success 

Sec. 4401. Angel Investor Tax Credit. 

Sec. 4402. First Employee Business Wage Credit. 

Subtitle E—Community Development Investment 

Sec. 4501. Short title. 

Sec. 4502. Purpose. 

Sec. 4503. Considerations; requirements for creditors. 

Sec. 4504. Sense of Congress. 

Sec. 4505. Neighborhood Capital Investment Program. 

Sec. 4506. Emergency support for CDFIs and communities. 

Sec. 4507. Ensuring diversity in community banking. 

Sec. 4508. Establishment of Financial Agent Partnership Program. 

Sec. 4509. Strengthening minority lending institutions. 

Sec. 4510. CDFI Bond Guarantee Reform. 

Sec. 4511. Reports. 

Sec. 4512. Inspector General oversight. 

Sec. 4513. Study and report with respect to impact of programs on low- and 

moderate-income and minority communities. 

TITLE V—DOWNPAYMENT ON BUILDING 21ST CENTURY 

INFRASTRUCTURE 

Sec. 5001. Findings. 

Subtitle A—High-Speed Internet 

Sec. 5101. Definitions. 

CHAPTER 1—BROADBAND CONNECTIVITY FUND

Sec. 5111. Definitions. 

Sec. 5112. Additional broadband benefit. 

Sec. 5113. Grants to States to strengthen National Lifeline Eligibility Verifier. 

Sec. 5114. Federal coordination between Lifeline and SNAP verification. 

CHAPTER 2—TRIBAL BROADBAND

Sec. 5121. Definitions. 

Sec. 5122. Tribal Broadband Fund. 

Sec. 5123. Interagency coordination program. 

Sec. 5124. Broadband for Tribal libraries and consortiums. 

Sec. 5125. Tribal set-aside. 

Sec. 5126. Universal service on Tribal land. 

Sec. 5127. Tribal broadband factor. 

Sec. 5128. Pilot program for Tribal grant of rights-of-way for broadband facilities. 

CHAPTER 3—CONNECTED DEVICES

Sec. 5131. E-Rate support for Wi-Fi hotspots, other equipment, and connected 

devices. 


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CHAPTER 4—DIGITAL EQUITY

Sec. 5141. Short title. 

Sec. 5142. Definitions. 

Sec. 5143. Sense of Congress. 

Sec. 5144. State Digital Equity Capacity Grant Program. 

Sec. 5145. Digital Equity Competitive Grant Program. 

Sec. 5146. Policy research, data collection, analysis and modeling, evaluation, 

and dissemination. 

Sec. 5147. General provisions. 

Subtitle B—Affordable Housing and Community Investments and Restoring 

Fair Housing Protections 

Sec. 5201. Affordable housing and community investments and restoring fair 

housing protections. 

Subtitle C—School, Library, and Institution Infrastructure 

CHAPTER 1—SCHOOL INFRASTRUCTURE

Sec. 5301. Definitions. 

Sec. 5302. Development of data standards. 

Sec. 5303. Grants for the long-term improvement of public school facilities. 

Sec. 5304. Uses of funds. 

Sec. 5305. Rule of construction. 

Sec. 5306. Green practices. 

Sec. 5307. Use of American iron, steel, and manufactured products. 

Sec. 5308. Annual report on grant program. 

Sec. 5309. Appropriations. 

Sec. 5310. Appropriations for impact aid construction. 

CHAPTER 2—LIBRARY INFRASTRUCTURE

Sec. 5321. Definitions. 

Sec. 5322. Build America’s Libraries Fund. 

Sec. 5323. Allocation to States. 

Sec. 5324. Need-based grants to libraries. 

Sec. 5325. Administration and oversight. 

Sec. 5326. Appropriation of funds. 

CHAPTER 3—HBCU, TCU, AND OTHER MINORITY-SERVING INSTITUTION

INFRASTRUCTURE

Sec. 5331. Cancellation of debt under HBCU capital financing program. 

Sec. 5332. Additional appropriations for the HBCU historic preservation program. 

Sec. 5333. Funding for construction of new facilities at TCUs. 

Sec. 5334. Additional appropriations for HBCUs, TCUs, and minority-serving 

institutions. 

Sec. 5335. Study and report on the physical condition of HBCUs and TCUs. 

Subtitle D—Environmental Justice 

CHAPTER 1—DRINKING WATER AND CLEAN WATER PROGRAMS

Sec. 5401. Sewer overflow and stormwater reuse municipal grants. 

Sec. 5402. Clean water infrastructure resiliency and sustainability program. 


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Sec. 5403. Grants for construction, refurbishing, and servicing of individual 

household decentralized wastewater systems for individuals 

with low or moderate income. 

Sec. 5404. Connection to publicly owned treatment works. 

Sec. 5405. Water pollution control revolving loan fund capitalization grants. 

Sec. 5406. Water pollution control revolving loan funds. 

Sec. 5407. Authorization of appropriations for water pollution control State revolving funds. 

Sec. 5408. Brownfields funding. 

Sec. 5409. Technical assistance and grants for emergencies affecting public 

water systems. 

Sec. 5410. Grants for State programs. 

Sec. 5411. Drinking water State revolving loan funds. 

Sec. 5412. Source water petition program. 

Sec. 5413. Assistance for small and disadvantaged communities. 

Sec. 5414. Reducing lead in drinking water. 

Sec. 5415. Operational sustainability of small public water systems. 

Sec. 5416. Drinking water system infrastructure resilience and sustainability 

program. 

Sec. 5417. Needs assessment for nationwide rural and urban low-income community water assistance. 

Sec. 5418. Lead contamination in school drinking water. 

Sec. 5419. Indian reservation drinking water program. 

Sec. 5420. Water infrastructure and workforce investment. 

Sec. 5421. Small and disadvantaged community analysis. 

Sec. 5422. Mapping and screening tool. 

Sec. 5423. Emergency household water and wastewater assistance program. 

Sec. 5424. Requirement. 

CHAPTER 2—CLEAN AIR PROGRAMS

Sec. 5431. Wood heaters emissions reduction. 

Sec. 5432. Diesel emissions reduction program. 

Sec. 5433. Protection of the Mercury and Air Toxics Standards. 

Sec. 5434. Net zero emissions at port facilities program. 

CHAPTER 3—HEALTHY TRANSPORTATION

Sec. 5441. Restoring neighborhoods and strengthening communities program. 

Sec. 5442. Safer Healthier Streets program. 

CHAPTER 4—OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM

Sec. 5451. Definitions. 

Sec. 5452. Grants authorized. 

Sec. 5453. Eligible uses. 

Sec. 5454. National Park Service requirements. 

Sec. 5455. Reporting. 

Sec. 5456. Revenue sharing. 

Subtitle E—Labor and Wage Protections 

Sec. 5501. Labor standards. 

Sec. 5502. Wage rate. 

Sec. 5503. Infrastructure workforce equity capacity building program. 

Sec. 5504. Severability. 


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TITLE VI—NEW HOMEBUYERS DOWN PAYMENT TAX CREDIT 

Sec. 6001. Down payment tax credit for first-time homebuyers. 

TITLE VII—RENTERS AND LOW-INCOME HOUSING TAX CREDITS 

Sec. 7001. Renters credit. 

Sec. 7002. Minimum credit rate. 

TITLE VIII—EXPANDING MEDICAID COVERAGE 

Sec. 8001. Increased FMAP for medical assistance to newly eligible individuals. 

TITLE IX—ADDRESSING MATERNAL MORTALITY AND HEALTH 

Sec. 9001. Expanding Medicaid coverage for pregnant individuals. 

Sec. 9002. Community engagement in maternal mortality review committees. 

Sec. 9003. Increased maternal levels of care in communities of color. 

Sec. 9004. Reporting on pregnancy-related and pregnancy-associated deaths 

and complications. 

Sec. 9005. Respectful maternity care compliance program. 

Sec. 9006. Bias training for all employees in maternity care settings. 

Sec. 9007. Study on reducing and preventing bias, racism, and discrimination 

in maternity care settings. 

Sec. 9008. Maternal Health Research Network. 

Sec. 9009. Innovation in maternity care to close racial and ethnic maternal 

health disparities in mental health and substance use disorder 

treatment grants. 

Sec. 9010. Grants to grow and diversify the perinatal workforce. 

Sec. 9011. Grants to grow and diversify the doula workforce. 

Sec. 9012. Grants to State, local, and tribal public health departments addressing social determinants of health for pregnant and postpartum 

women. 

TITLE X—10–20–30 ANTI–POVERTY INITIATIVE AND HIRING AND 

CONTRACTING OPPORTUNITIES 

Subtitle A—10–20–30 Anti-Poverty Initiative 

Sec. 10101. Definitions. 

Sec. 10102. 10–20–30 formula for persistent poverty counties. 

Sec. 10103. Targeting high-poverty census tracts. 

Sec. 10104. Failure to target funds. 

Sec. 10105. Report to Congress. 

Subtitle B—Hiring Opportunities 

Sec. 10211. Local hiring initiative for construction jobs. 

TITLE XI—RAISING THE MINIMUM WAGE AND STRENGTHENING 

OVERTIME RIGHTS 

Subtitle A—Raise the Wage Act 

Sec. 11111. Short title. 

Sec. 11112. Minimum wage increases. 

Sec. 11113. Tipped employees. 

Sec. 11114. Newly hired employees who are less than 20 years old. 

Sec. 11115. Publication of notice. 


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Sec. 11116. Promoting economic self-sufficiency for individuals with disabilities. 

Sec. 11117. General effective date. 

Subtitle B—Restoring Overtime Pay Act 

Sec. 11121. Short title. 

Sec. 11122. Minimum salary threshold for bona fide executive, administrative, 

and professional employees exempt from Federal overtime compensation requirements. 

1 SEC. 3. EMERGENCY DESIGNATION. 

2 (a) IN GENERAL.—The amounts provided by this Act 

3 are designated as an emergency requirement pursuant to 

4 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 

5 (2 U.S.C. 933(g)). 

6 (b) DESIGNATION IN SENATE.—In the Senate, this 

7 Act is designated as an emergency requirement pursuant 

8 to section 4112(a) of H. Con. Res. 71 (115th Congress), 

9 the concurrent resolution on the budget for fiscal year 

10 2018. 

11 TITLE I—CHILD CARE IS 

12 ESSENTIAL PROGRAM 

13 SEC. 1001. CHILD CARE IS ESSENTIAL PROGRAM. 

14 (a) DEFINITIONS.—In this section, the terms ‘‘eligi15 ble child care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, 

16 ‘‘tribal organization’’, ‘‘Secretary’’, and ‘‘State’’ have the 

17 meanings given the terms in section 658P of the Child 

18 Care and Development Block Grant Act of 1990 (42 

19 U.S.C. 9858n) except as otherwise provided in this sec20 tion. 


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1 (b) GRANTS.—From funds appropriated to carry out 

2 this section and under the authority of section 658O of 

3 the Child Care and Development Block Grant Act of 1990 

4 (42 U.S.C. 9858m) and this section, the Secretary shall 

5 establish a Child Care Stabilization Fund grants program, 

6 through which the Secretary shall award child care sta7 bilization grants to the lead agency of each State (as de8 fined in that section 658O), territory described in sub9 section (a)(1) of such section, Indian tribe, and tribal or10 ganization from allotments and payments made under 

11 subsection (c)(2), not later than 30 days after the date 

12 of enactment of this Act. 

13 (c) SECRETARIAL RESERVATION AND ALLOT14 MENTS.— 

15 (1) RESERVATION.—The Secretary shall reserve 

16 not more than 1 percent of the funds appropriated 

17 to carry out this section for the Federal administra18 tion of grants described in subsection (b). Amounts 

19 reserved by the Secretary for such administration 

20 shall remain available through fiscal year 2024. 

21 (2) ALLOTMENTS.—The Secretary shall use the 

22 remainder of the funds appropriated to carry out 

23 this section to award allotments to States, as defined 

24 in section 658O of the Child Care Development 

25 Block Grant Act of 1990 (42 U.S.C. 9858m), and 


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1 payments to territories, Indian tribes, and tribal or2 ganizations in accordance with paragraphs (1) and 

3 (2) of subsection (a), and subsection (b), of section 

4 658O of the Child Care and Development Block 

5 Grant Act of 1990 (42 U.S.C. 9858m). 

6 (d) STATE RESERVATIONS AND SUBGRANTS.— 

7 (1) RESERVATION.—A lead agency for a State 

8 that receives a child care stabilization grant pursu9 ant to subsection (b) shall reserve not more than 10 

10 percent of such grant funds— 

11 (A) to administer subgrants made to quali12 fied child care providers under paragraph (2), 

13 including to carry out data systems building 

14 and other activities that enable the disburse15 ment of payments of such subgrants; 

16 (B) to provide technical assistance and 

17 support in applying for and accessing the 

18 subgrant opportunity under paragraph (2), to 

19 eligible child care providers (including to family 

20 child care providers, group home child care pro21 viders, and other non-center-based child care 

22 providers, providers in rural areas, and pro23 viders with limited administrative capacity), ei24 ther directly or through resource and referral 

25 agencies or staffed family child care networks; 


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1 (C) to publicize the availability of sub2 grants under this section and conduct wide3 spread outreach to eligible child care providers, 

4 including family child care providers, group 

5 home child care providers, and other non-cen6 ter-based child care providers, providers in rural 

7 areas, and providers with limited administrative 

8 capacity, either directly or through resource and 

9 referral agencies or staffed family child care 

10 networks, to ensure eligible child care providers 

11 are aware of the subgrants available under this 

12 section; 

13 (D) to carry out the reporting require14 ments described in subsection (f); and 

15 (E) to carry out activities to improve the 

16 supply and quality of child care during and 

17 after the qualifying emergency, such as con18 ducting community needs assessments, carrying 

19 out child care cost modeling, making improve20 ments to child care facilities, increasing access 

21 to licensure or participation in the State’s 

22 tiered quality rating system, and carrying out 

23 other activities described in section 658G(b) of 

24 the Child Care and Development Block Grant 

25 Act of 1990 (42 U.S.C. 9858e(b)), to the extent 


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1 that the lead agency can carry out activities de2 scribed in this subparagraph without preventing 

3 the lead agency from fully conducting the ac4 tivities described in subparagraphs (A) through 

5 (D). 

6 (2) SUBGRANTS TO QUALIFIED CHILD CARE

7 PROVIDERS.— 

8 (A) IN GENERAL.—The lead agency shall 

9 use the remainder of the grant funds awarded 

10 pursuant to subsection (b) to make subgrants 

11 to qualified child care providers described in 

12 subparagraph (B), to support the stability of 

13 the child care sector during and after the quali14 fying emergency and to ensure the maintenance 

15 of a delivery system of child care services 

16 throughout the State that provides for child 

17 care in a variety of settings, including the set18 tings of family child care providers, and for a 

19 variety of ages, including care for infants and 

20 toddlers. The lead agency shall provide the 

21 subgrant funds in advance of provider expendi22 tures for costs described in subsection (e), ex23 cept as provided in subsection (e)(2). 

24 (B) QUALIFIED CHILD CARE PROVIDER.— 

25 To be qualified to receive a subgrant under this 


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1 paragraph, a provider shall be an eligible child 

2 care provider that— 

3 (i) was providing child care services 

4 on or before March 1, 2020; and 

5 (ii) on the date of submission of an 

6 application for the subgrant, was either— 

7 (I) open and available to provide 

8 child care services; or 

9 (II) closed due to the qualifying 

10 emergency. 

11 (C) SUBGRANT AMOUNT.—The lead agency 

12 shall make subgrants, from amounts awarded 

13 pursuant to subsection (b), to qualified child 

14 care providers, and the amount of such a 

15 subgrant to such a provider shall— 

16 (i)(I) be based on the provider’s stat17 ed average operating expenses during the 

18 period (of not longer than 6 months) be19 fore March 1, 2020, or, for a provider that 

20 operates seasonally, during a period (of not 

21 longer than 6 months) before the pro22 vider’s last day of operation; and 

23 (II) at minimum cover such operating 

24 expenses for the intended length of the 

25 subgrant; 


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1 (ii) account for increased costs of pro2 viding or preparing to provide child care as 

3 a result of the qualifying emergency, such 

4 as provider and employee compensation 

5 and existing benefits (existing as of March 

6 1, 2020) and the implementation of new 

7 practices related to sanitization, group size 

8 limits, and social distancing; 

9 (iii) be adjusted for payments or reim10 bursements made to an eligible child care 

11 provider to carry out the Child Care and 

12 Development Block Grant Act of 1990 (42 

13 U.S.C. 9857 et seq.) or the Head Start 

14 Act (42 U.S.C. 9831 et seq.) if the period 

15 of such payments or reimbursements over16 laps with the period of the subgrant; and 

17 (iv) be adjusted for payments or reim18 bursements made to an eligible child care 

19 provider through the Paycheck Protection 

20 Program set forth in section 7(a)(36) of 

21 the Small Business Act (15 U.S.C. 

22 636(a)(36)), as added by section 1102 of 

23 the Coronavirus Aid, Relief, and Economic 

24 Security Act (Public Law 116–136) if the 

25 period of such payments or reimburseVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 ments overlaps with the period of the 

2 subgrant. 

3 (D) APPLICATION.— 

4 (i) ELIGIBILITY.—To be eligible to re5 ceive a subgrant under this paragraph, a 

6 child care provider shall submit an applica7 tion to a lead agency at such time and in 

8 such manner as the lead agency may re9 quire. Such application shall include— 

10 (I) a good-faith certification that 

11 the ongoing operations of the child 

12 care provider have been impacted as a 

13 result of the qualifying emergency; 

14 (II) for a provider described in 

15 subparagraph (B)(ii)(I), an assurance 

16 that, for the period of the subgrant— 

17 (aa) the provider will give 

18 priority for available slots (in19 cluding slots that are only tempo20 rarily available) to— 

21 (AA) children of essen22 tial workers (such as health 

23 care sector employees, emer24 gency responders, sanitation 

25 workers, farmworkers, child 


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1 care employees, and other 

2 workers determined to be es3 sential during the response 

4 to COVID–19 by public offi5 cials), children of workers 

6 whose places of employment 

7 require their attendance, 

8 children experiencing home9 lessness, children with dis10 abilities, children at risk of 

11 child abuse or neglect, and 

12 children in foster care, in 

13 States, tribal communities, 

14 or localities where stay-at15 home or related orders are 

16 in effect; or 

17 (BB) children of work18 ers whose places of employ19 ment require their attend20 ance, children experiencing 

21 homelessness, children with 

22 disabilities, children at risk 

23 of child abuse or neglect, 

24 children in foster care, and 

25 children whose parents are 


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1 in school or a training pro2 gram, in States, tribal com3 munities, or localities where 

4 stay-at-home or related or5 ders are not in effect; 

6 (bb) the provider will imple7 ment policies in line with guid8 ance from the Centers for Dis9 ease Control and Prevention and 

10 the State, tribal, and local health 

11 authorities, and in accordance 

12 with State, tribal, and local or13 ders, for child care providers that 

14 remain open, including guidance 

15 on sanitization practices, group 

16 size limits, and social distancing; 

17 (cc) for each employee, the 

18 provider will pay the full com19 pensation described in subsection 

20 (e)(1)(C), including any benefits, 

21 that was provided to the em22 ployee as of March 1, 2020 (re23 ferred to in this clause as ‘‘full 

24 compensation’’), and will not take 

25 any action that reduces the weekVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 ly amount of the employee’s com2 pensation below the weekly 

3 amount of full compensation, or 

4 that reduces the employee’s rate 

5 of compensation below the rate of 

6 full compensation; and 

7 (dd) the provider will pro8 vide relief from copayments and 

9 tuition payments for the families 

10 enrolled in the provider’s pro11 gram and prioritize such relief 

12 for families struggling to make 

13 either type of payment; 

14 (III) for a provider described in 

15 subparagraph (B)(ii)(II), an assur16 ance that— 

17 (aa) for the duration of the 

18 provider’s closure due to the 

19 qualifying emergency, for each 

20 employee, the provider will pay 

21 full compensation, and will not 

22 take any action that reduces the 

23 weekly amount of the employee’s 

24 compensation below the weekly 

25 amount of full compensation, or 


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1 that reduces the employee’s rate 

2 of compensation below the rate of 

3 full compensation; 

4 (bb) children enrolled as of 

5 March 1, 2020, will maintain 

6 their slots, unless their families 

7 choose to disenroll the children; 

8 (cc) for the duration of the 

9 provider’s closure due to the 

10 qualifying emergency, the pro11 vider will provide relief from co12 payments and tuition payments 

13 for the families enrolled in the 

14 provider’s program and prioritize 

15 such relief for families struggling 

16 to make either type of payment; 

17 and 

18 (dd) the provider will re19 sume operations when the pro20 vider is able to safely implement 

21 policies in line with guidance 

22 from the Centers for Disease 

23 Control and Prevention and the 

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1 thorities, and in accordance with 

2 State, tribal, and local orders; 

3 (IV) information about the child 

4 care provider’s— 

5 (aa) program characteristics 

6 sufficient to allow the lead agen7 cy to establish the child care pro8 vider’s priority status, as de9 scribed in subparagraph (F); 

10 (bb) program operational 

11 status on the date of submission 

12 of the application; 

13 (cc) type of program, includ14 ing whether the program is a 

15 center-based child care, family 

16 child care, group home child care, 

17 or other non-center-based child 

18 care type program; 

19 (dd) total enrollment on the 

20 date of submission of the applica21 tion and total capacity as allowed 

22 by the State and tribal and local 

23 authorities; and 

24 (ee) receipt of assistance, 

25 and amount of assistance, 


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1 through a payment or reimburse2 ment described in subparagraph 

3 (C)(iv), and the time period for 

4 which the assistance was made; 

5 (V) information necessary to de6 termine the amount of the subgrant, 

7 such as information about the pro8 vider’s stated average operating ex9 penses over the appropriate period de10 scribed in subparagraph (C)(i); and 

11 (VI) such other limited informa12 tion as the lead agency shall deter13 mine to be necessary to make sub14 grants to qualified child care pro15 viders. 

16 (ii) FREQUENCY.—The lead agency 

17 shall accept and process applications sub18 mitted under this subparagraph on a roll19 ing basis. 

20 (iii) UPDATES.—The lead agency 

21 shall— 

22 (I) at least once a month, verify 

23 by obtaining a self-attestation from 

24 each qualified child care provider that 

25 received such a subgrant from the 


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1 agency, whether the provider is open 

2 and available to provide child care 

3 services or is closed due to the quali4 fying emergency; 

5 (II) allow the qualified child care 

6 provider to update the information 

7 provided in a prior application; and 

8 (III) adjust the qualified child 

9 care provider’s subgrant award as 

10 necessary, based on changes to the 

11 application information, including 

12 changes to the provider’s operational 

13 status. 

14 (iv) EXISTING APPLICATIONS.—If a 

15 lead agency has established and imple16 mented a grant program for child care pro17 viders that is in effect on the date of en18 actment of this Act, and an eligible child 

19 care provider has already submitted an ap20 plication for such a grant to the lead agen21 cy containing the information specified in 

22 clause (i), the lead agency shall treat that 

23 application as an application submitted 

24 under this subparagraph. If an eligible 

25 child care provider has already submitted 


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1 such an application containing part of the 

2 information specified in clause (i), the pro3 vider may submit to the lead agency an ab4 breviated application that contains the re5 maining information, and the lead agency 

6 shall treat the 2 applications as an applica7 tion submitted under this subparagraph. 

8 (E) MATERIALS.— 

9 (i) IN GENERAL.—The lead agency 

10 shall provide the materials and other re11 sources related to such subgrants, includ12 ing a notification of subgrant opportunities 

13 and application materials, to qualified child 

14 care providers in the most commonly spo15 ken languages in the State. 

16 (ii) APPLICATION.—The application 

17 shall be accessible on the website of the 

18 lead agency within 30 days after the lead 

19 agency receives grant funds awarded pur20 suant to subsection (b) and shall be acces21 sible to all eligible child care providers, in22 cluding family child care providers, group 

23 home child care providers, and other non24 center-based child care providers, providers 


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1 in rural areas, and providers with limited 

2 administrative capacity. 

3 (F) PRIORITY.—In making subgrants 

4 under this section, the lead agency shall give 

5 priority to qualified child care providers that, 

6 prior to or on March 1, 2020— 

7 (i) provided child care during non8 traditional hours; 

9 (ii) served dual language learners, 

10 children with disabilities, children experi11 encing homelessness, children in foster 

12 care, children from low-income families, or 

13 infants and toddlers; 

14 (iii) served a high proportion of chil15 dren whose families received subsidies 

16 under the Child Care and Development 

17 Block Grant Act of 1990 (42 U.S.C. 9857 

18 et seq.) for the child care; or 

19 (iv) operated in localities, including 

20 rural localities, with a low supply of child 

21 care. 

22 (G) PROVIDERS RECEIVING OTHER ASSIST23 ANCE.—The lead agency, in determining wheth24 er a provider is a qualified child care provider, 

25 shall not take into consideration receipt of a 


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1 payment or reimbursement described in clause 

2 (iii) or (iv) of subparagraph (C). 

3 (H) AWARDS.—The lead agency shall equi4 tably make subgrants under this paragraph to 

5 center-based child care providers, family child 

6 care providers, group home child care providers, 

7 and other non-center-based child care providers, 

8 such that qualified child care providers are able 

9 to access the subgrant opportunity under this 

10 paragraph regardless of the providers’ setting, 

11 size, or administrative capacity. 

12 (I) OBLIGATION.—The lead agency shall 

13 obligate at least 50 percent of funds available 

14 to carry out this section for subgrants described 

15 in this paragraph not later than 6 months after 

16 the date of enactment of this Act. 

17 (e) USES OF FUNDS.— 

18 (1) IN GENERAL.—A qualified child care pro19 vider that receives funds through such a subgrant 

20 may use the funds for the costs of— 

21 (A) payroll; 

22 (B) employee benefits, including group 

23 health plan benefits during periods of paid sick, 

24 medical, or family leave, and insurance pre25 miums; 


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1 (C) employee salaries or similar compensa2 tion, including any income or other compensa3 tion to a sole proprietor or independent con4 tractor that is a wage, commission, income, net 

5 earnings from self-employment, or similar com6 pensation; 

7 (D) employee recruitment and retention; 

8 (E) payment on any mortgage obligation; 

9 (F) rent (including rent under a lease 

10 agreement); 

11 (G) utilities and facilities maintenance; 

12 (H) insurance; 

13 (I) providing premium pay for child care 

14 providers and other employees who provide 

15 services during the qualifying emergency; 

16 (J) sanitization and other costs associated 

17 with cleaning; 

18 (K) personal protective equipment and 

19 other equipment necessary to carry out the 

20 functions of the child care provider; 

21 (L) training and professional development 

22 related to health and safety practices, including 

23 the proper implementation of policies in line 

24 with guidance from the Centers for Disease 

25 Control and Prevention and the State, tribal, 


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1 and local health authorities, and in accordance 

2 with State, tribal, and local orders; 

3 (M) purchasing or updating equipment and 

4 supplies to serve children during nontraditional 

5 hours; 

6 (N) modifications to child care services as 

7 a result of the qualifying emergency, such as 

8 limiting group sizes, adjusting staff-to-child ra9 tios, and implementing other heightened health 

10 and safety measures; 

11 (O) mental health services and supports 

12 for children and employees; and 

13 (P) other goods and services necessary to 

14 maintain or resume operation of the child care 

15 program, or to maintain the viability of the 

16 child care provider as a going concern during 

17 and after the qualifying emergency. 

18 (2) REIMBURSEMENT.—The qualified child care 

19 provider may use the subgrant funds to reimburse 

20 the provider for sums obligated or expended before 

21 the date of enactment of this Act for the cost of a 

22 good or service described in paragraph (1) to re23 spond to the qualifying emergency. 

24 (f) REPORTING.— 


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1 (1) INITIAL REPORT.—A lead agency receiving 

2 a grant under this section shall, within 60 days after 

3 making the agency’s first subgrant under subsection 

4 (d)(2) to a qualified child care provider, submit a re5 port to the Secretary that includes— 

6 (A) data on qualified child care providers 

7 that applied for subgrants and qualified child 

8 care providers that received such subgrants, in9 cluding— 

10 (i) the number of such applicants and 

11 the number of such recipients; 

12 (ii) the number and proportion of 

13 such applicants and recipients that re14 ceived priority and the characteristic or 

15 characteristics of such applicants and re16 cipients associated with the priority; 

17 (iii) the number and proportion of 

18 such applicants and recipients that are— 

19 (I) center-based child care pro20 viders; 

21 (II) family child care providers; 

22 (III) group home child care pro23 viders; or 

24 (IV) other non-center-based child 

25 care providers; and 


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1 (iv) within each of the groups listed in 

2 clause (iii), the number of such applicants 

3 and recipients that are, on the date of sub4 mission of the application— 

5 (I) open and available to provide 

6 child care services; or 

7 (II) closed due to the qualifying 

8 emergency; 

9 (B) the total capacity of child care pro10 viders that are licensed, regulated, or registered 

11 in the State on the date of the submission of 

12 the report; 

13 (C) a description of— 

14 (i) the efforts of the lead agency to 

15 publicize the availability of subgrants 

16 under this section and conduct widespread 

17 outreach to eligible child care providers 

18 about such subgrants, including efforts to 

19 make materials available in languages 

20 other than English; 

21 (ii) the lead agency’s methodology for 

22 determining amounts of subgrants under 

23 subsection (d)(2); 

24 (iii) the lead agency’s timeline for dis25 bursing the subgrant funds; and 


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1 (iv) the lead agency’s plan for ensur2 ing that qualified child care providers that 

3 receive funding through such a subgrant 

4 comply with assurances described in sub5 section (d)(2)(D) and use funds in compli6 ance with subsection (e); and 

7 (D) such other limited information as the 

8 Secretary may require. 

9 (2) QUARTERLY REPORT.—The lead agency 

10 shall, following the submission of such initial report, 

11 submit to the Secretary a report that contains the 

12 information described in subparagraphs (A), (B), 

13 and (D) of paragraph (1) once a quarter until all 

14 funds allotted for activities authorized under this 

15 section are expended. 

16 (3) FINAL REPORT.—Not later than 60 days 

17 after a lead agency receiving a grant under this sec18 tion has obligated all of the grant funds (including 

19 funds received under subsection (h)), the lead agen20 cy shall submit a report to the Secretary, in such 

21 manner as the Secretary may require, that in22 cludes— 

23 (A) the total number of eligible child care 

24 providers who were providing child care services 

25 on or before March 1, 2020, in the State and 


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•S 5065 IS

1 the number of such providers that submitted an 

2 application under subsection (d)(2)(D); 

3 (B) the number of qualified child care pro4 viders in the State that received funds through 

5 the grant; 

6 (C) the lead agency’s methodology for de7 termining amounts of subgrants under sub8 section (d)(2); 

9 (D) the average and range of the subgrant 

10 amounts by provider type (center-based child 

11 care, family child care, group home child care, 

12 or other non-center-based child care provider); 

13 (E) the percentages, of the child care pro14 viders that received such a subgrant, that, on or 

15 before March 1, 2020— 

16 (i) provided child care during non17 traditional hours; 

18 (ii) served dual language learners, 

19 children with disabilities, children experi20 encing homelessness, children in foster 

21 care, children from low-income families, or 

22 infants and toddlers; 

23 (iii) served a high percentage of chil24 dren whose families received subsidies 

25 under the Child Care and Development 


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1 Block Grant Act of 1990 (42 U.S.C. 9857 

2 et seq.) for the child care; and 

3 (iv) operated in localities, including 

4 rural localities, with a low supply of child 

5 care; 

6 (F) the number of children served by the 

7 child care providers that received such a 

8 subgrant, for the duration of the subgrant; 

9 (G) the percentages, of the child care pro10 viders that received such a subgrant, that are— 

11 (i) center-based child care providers; 

12 (ii) family child care providers; 

13 (iii) group home child care providers; 

14 or 

15 (iv) other non-center-based child care 

16 providers; 

17 (H) the percentages, of the child care pro18 viders listed in subparagraph (G) that are, on 

19 the date of submission of the application— 

20 (i) open and available to provide child 

21 care services; or 

22 (ii) closed due to the qualifying emer23 gency; 


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1 (I) information about how child care pro2 viders used the funds received under such a 

3 subgrant; 

4 (J) information about how the lead agency 

5 used funds reserved under subsection (d)(1); 

6 and 

7 (K) information about how the subgrants 

8 helped to stabilize the child care sector. 

9 (4) REPORTS TO CONGRESS.— 

10 (A) FINDINGS FROM INITIAL REPORTS.— 

11 Not later than 60 days after receiving all re12 ports required to be submitted under paragraph 

13 (1), the Secretary shall provide a report to the 

14 Committee on Education and Labor and the 

15 Committee on Appropriations of the House of 

16 Representatives and to the Committee on 

17 Health, Education, Labor, and Pensions and 

18 the Committee on Appropriations of the Senate, 

19 summarizing the findings from the reports re20 ceived under paragraph (1). 

21 (B) FINDINGS FROM FINAL REPORTS.— 

22 Not later than 36 months after the date of en23 actment of this Act, the Secretary shall provide 

24 a report to the Committee on Education and 

25 Labor and the Committee on Appropriations of 


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1 the House of Representatives and to the Com2 mittee on Health, Education, Labor, and Pen3 sions and the Committee on Appropriations of 

4 the Senate, summarizing the findings from the 

5 reports received under paragraph (3). 

6 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made 

7 available to carry out this section shall be used to supple8 ment and not supplant other Federal, State, and local 

9 public funds expended to provide child care services for 

10 eligible individuals, including funds provided under the 

11 Child Care and Development Block Grant Act of 1990 (42 

12 U.S.C. 9857 et seq.) and State child care programs. 

13 (h) REALLOTMENT OF UNOBLIGATED FUNDS.— 

14 (1) UNOBLIGATED FUNDS.—A State, Indian 

15 tribe, or tribal organization that anticipates being 

16 unable to obligate all grant funds received under this 

17 section by September 30, 2022, shall notify the Sec18 retary, at least 60 days prior to such date, of the 

19 amount of funds the entity anticipates being unable 

20 to obligate by such date. A State, Indian tribe, or 

21 tribal organization shall return to the Secretary any 

22 grant funds received under this section that the 

23 State, Indian tribe, or tribal organization does not 

24 obligate by September 30, 2022. 


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1 (2) REALLOTMENT.—The Secretary shall award 

2 new allotments and payments, in accordance with 

3 subsection (c)(2), to covered States, Indian tribes, or 

4 tribal organizations from funds that are returned 

5 under paragraph (1) within 60 days of receiving 

6 such funds. Funds made available through the new 

7 allotments and payments shall remain available to 

8 each such covered State, Indian tribe, or tribal orga9 nization until September 30, 2023. 

10 (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL

11 ORGANIZATION.—For purposes of paragraph (2), a 

12 covered State, Indian tribe, or tribal organization is 

13 a State, Indian tribe, or tribal organization that re14 ceived an allotment or payment under this section 

15 and was not required to return grant funds under 

16 paragraph (1). 

17 (i) EXCEPTIONS.—The Child Care and Development 

18 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), exclud19 ing requirements in subparagraphs (C) through (E) of sec20 tion 658E(c)(3), section 658G, and section 658J(c) of 

21 such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall 

22 apply to child care services provided under this section to 

23 the extent the application of such Act does not conflict 

24 with the provisions of this section. Nothing in this section 

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1 al organization to submit an application, other than the 

2 application described in section 658E or 658O(c) of the 

3 Child Care and Development Block Grant Act of 1990 (42 

4 U.S.C. 9858c, 9858m(c)), to receive a grant under this 

5 section. 

6 (j) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—There is authorized to be 

8 appropriated, and there is appropriated, out of any 

9 money in the Treasury not already appropriated, to 

10 carry out this section $50,000,000,000 for fiscal 

11 year 2020, to remain available until expended. 

12 (2) APPLICATION.—In carrying out the Child 

13 Care and Development Block Grant Act of 1990 

14 with funds other than the funds appropriated under 

15 paragraph (1), the Secretary shall calculate the 

16 amounts of appropriated funds described in sub17 sections (a) and (b) of section 658O of such Act (42 

18 U.S.C. 9858m) by excluding funds appropriated 

19 under paragraph (1). 


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1 TITLE II—EXPANDING AND IM2 PROVING ACCESS TO COMMU3 NITY HEALTH CARE 

4 Subtitle A—Support for Health 

5 Centers, Hospitals, and Other 

6 Health Care Facilities 

7 SEC. 2101. PRIMARY HEALTH CARE. 

8 In addition to amounts otherwise made available for 

9 such purposes, there are hereby appropriated, out of 

10 amounts in the Treasury not otherwise appropriated, to 

11 the Secretary of Health and Human Services, 

12 $7,600,000,000, for grants and cooperative agreements 

13 under section 330 of the Public Health Service Act (42 

14 U.S.C. 254b), and for grants to Federally qualified health 

15 centers (as defined in section 1861(aa)(4)(B) of the Social 

16 Security Act (42 U.S.C. 1395x(aa))) and for eligible enti17 ties under the Native Hawaiian Health Care Improvement 

18 Act (42 U.S.C. 11701 et seq.). Amounts appropriated 

19 under this paragraph shall remain available until ex20 pended. Subsections (r)(2)(B), (e)(6)(A)(iii), and 

21 (e)(6)(B)(iii) of section 330 of the Public Health Service 

22 Act (42 U.S.C. 254) shall not apply to funds provided 

23 under this paragraph. 


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1 SEC. 2102. ADDITIONAL COMMUNITY HEALTH CENTER 

2 FUNDING. 

3 Section 10503 of the Patient Protection and Afford4 able Care Act (42 U.S.C. 254b–2) is amended by striking 

5 subsection (c) and inserting the following: 

6 ‘‘(c) ADDITIONAL ENHANCED FUNDING; CAPITAL

7 PROJECTS.—There are hereby appropriated, out of any 

8 monies in the Treasury not otherwise appropriated, to the 

9 CHC Fund, to be transferred to the Secretary of Health 

10 and Human Services for capital projects of the community 

11 health center program under section 330 of the Public 

12 Health Service Act, $2,000,000,000, to remain available 

13 until expended.’’. 

14 SEC. 2103. TEACHING HEALTH CENTERS THAT OPERATE 

15 GRADUATE MEDICAL EDUCATION PROGRAM. 

16 For purposes of carrying out the teaching health cen17 ters that operate graduate medical education program 

18 under section 340H of the Public Health Service Act (42 

19 U.S.C. 256h), there are hereby appropriated, out of 

20 amounts in the Treasury not otherwise appropriated, 

21 $1,000,000,000, to remain available until expended. 

22 SEC. 2104. HOSPITAL INFRASTRUCTURE. 

23 Section 1610(a) of the Public Health Service Act (42 

24 U.S.C. 300r(a)) is amended by striking paragraph (3) and 

25 inserting the following paragraphs: 


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1 ‘‘(3) PRIORITY.—In awarding grants under this 

2 subsection, the Secretary shall give priority to appli3 cants whose projects will include, by design, 

4 cybersecurity against cyber threats. 

5 ‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— 

6 ‘‘(A) IN GENERAL.—As a condition on re7 ceipt of a grant under this section for a project, 

8 an entity shall ensure that all of the iron and 

9 steel products used in the project are produced 

10 in the United States. 

11 ‘‘(B) APPLICATION.—Subparagraph (A) 

12 shall be waived in any case or category of cases 

13 in which the Secretary finds that— 

14 ‘‘(i) applying subparagraph (A) would 

15 be inconsistent with the public interest; 

16 ‘‘(ii) iron and steel products are not 

17 produced in the United States in sufficient 

18 and reasonably available quantities and of 

19 a satisfactory quality; or 

20 ‘‘(iii) inclusion of iron and steel prod21 ucts produced in the United States will in22 crease the cost of the overall project by 

23 more than 25 percent. 

24 ‘‘(C) WAIVER.—If the Secretary receives a 

25 request for a waiver under this paragraph, the 


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1 Secretary shall make available to the public, on 

2 an informal basis, a copy of the request and in3 formation available to the Secretary concerning 

4 the request, and shall allow for informal public 

5 input on the request for at least 15 days prior 

6 to making a finding based on the request. The 

7 Secretary shall make the request and accom8 panying information available by electronic 

9 means, including on the official public internet 

10 site of the Department of Health and Human 

11 Services. 

12 ‘‘(D) INTERNATIONAL AGREEMENTS.— 

13 This paragraph shall be applied in a manner 

14 consistent with United States obligations under 

15 international agreements. 

16 ‘‘(E) MANAGEMENT AND OVERSIGHT.— 

17 The Secretary may retain up to 0.25 percent of 

18 the funds appropriated for this section for man19 agement and oversight of the requirements of 

20 this paragraph. 

21 ‘‘(F) EFFECTIVE DATE.—This paragraph 

22 does not apply with respect to a project if a 

23 State agency approves the engineering plans 

24 and specifications for the project, in that agen25 cy’s capacity to approve such plans and speciVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 fications prior to a project requesting bids, 

2 prior to the date of enactment of this para3 graph. 

4 ‘‘(5) FUNDING.—To carry out this subsection, 

5 there are hereby appropriated, out of amounts in the 

6 Treasury not otherwise appropriated, $750,000,000, 

7 to remain available until expended.’’. 

8 SEC. 2105. 21ST CENTURY INDIAN HEALTH PROGRAM HOS9 PITALS AND OUTPATIENT HEALTH CARE FA10 CILITIES. 

11 The Indian Health Care Improvement Act is amend12 ed by inserting after section 301 of such Act (25 U.S.C. 

13 1631) the following: 

14 ‘‘SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, 

15 CONSTRUCTION, MODERNIZATION, AND REN16 OVATION OF HOSPITALS AND OUTPATIENT 

17 HEALTH CARE FACILITIES. 

18 ‘‘(a) ADDITIONAL FUNDING.—For the purpose de19 scribed in subsection (b), in addition to any other funds 

20 available for such purpose, there are hereby appropriated 

21 to the Secretary, out of amounts in the Treasury not oth22 erwise appropriated, $200,000,000, to remain available 

23 until expended. 

24 ‘‘(b) PURPOSE.—The purpose described in this sub25 section is the planning, design, construction, modernizaVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 tion, and renovation of hospitals and outpatient health 

2 care facilities that are funded, in whole or part, by the 

3 Service through, or provided for in, a contract or compact 

4 with the Service under the Indian Self-Determination and 

5 Education Assistance Act (25 U.S.C. 5301 et seq.).’’. 

6 SEC. 2106. PILOT PROGRAM TO IMPROVE COMMUNITY7 BASED CARE INFRASTRUCTURE. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services may award grants to qualified teaching 

10 health centers (as defined in section 340H of the Public 

11 Health Service Act (42 U.S.C. 256h)) and behavioral 

12 health care centers (as defined by the Secretary, to include 

13 both substance abuse and mental health care facilities) to 

14 support the improvement, renovation, or modernization of 

15 infrastructure at such centers. 

16 (b) FUNDING.—To carry out this section, there are 

17 hereby appropriated, out of amounts in the Treasury not 

18 otherwise appropriated, $100,000,000, to remain available 

19 until expended. 

20 SEC. 2107. SCHOOL-BASED HEALTH CENTERS. 

21 (a) ELIMINATION OF LIMITATION ON ELIGIBILITY OF

22 HEALTH CENTERS.— 

23 (1) REPEAL.—Section 399Z–1(f)(3) of the 

24 Public Health Service Act (42 U.S.C. 280h–5(f)(3)) 

25 is amended by striking subparagraph (B). 


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1 (2) CONFORMING CHANGE.—Section 399Z– 

2 1(f)(3) of the Public Health Service Act (42 U.S.C. 

3 280h–5(f)(3)) is amended by striking ‘‘LIMITA4 TIONS’’ and all that follows through ‘‘Any provider 

5 of services’’ and inserting ‘‘LIMITATION.—Any pro6 vider of services’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 399Z–1(l) of the Public Health Service Act (42 U.S.C. 

9 280h–5(l)) is amended to read as follows: 

10 ‘‘(l) FUNDING.—For purposes of carrying out this 

11 section, there are hereby appropriated, out of amounts in 

12 the Treasury not otherwise appropriated, $70,000,000 for 

13 each of fiscal years 2021 through 2025, to remain avail14 able until expended.’’. 

15 Subtitle B—Support for Health 

16 Care Workforce Training 

17 SEC. 2201. GRANTS FOR SCHOOLS OF MEDICINE AND 

18 SCHOOLS OF OSTEOPATHIC MEDICINE IN UN19 DERSERVED AREAS. 

20 Subpart II of part C of title VII of the Public Health 

21 Service Act (42 U.S.C. 293m et seq.) is amended by add22 ing at the end the following: 


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1 ‘‘SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE AND 

2 SCHOOLS OF OSTEOPATHIC MEDICINE IN UN3 DERSERVED AREAS. 

4 ‘‘(a) IN GENERAL.—The Secretary, acting through 

5 the Administrator of the Health Resources and Services 

6 Administration, may award grants to institutions of high7 er education (including consortiums of such institutions) 

8 for the establishment, improvement, or expansion of a 

9 school of medicine or osteopathic medicine, or a branch 

10 campus of a school of medicine or osteopathic medicine. 

11 ‘‘(b) PRIORITY.—In selecting grant recipients under 

12 this section, the Secretary shall give priority to any insti13 tution of higher education (or consortium of such institu14 tions) that— 

15 ‘‘(1) proposes to use the grant for the establish16 ment of a school of medicine or osteopathic medi17 cine, or a branch campus of a school of medicine or 

18 osteopathic medicine, in an area— 

19 ‘‘(A) in which no other such school is 

20 based; and 

21 ‘‘(B) that is a medically underserved com22 munity or a health professional shortage area; 

23 or 

24 ‘‘(2) is a minority-serving institution described 

25 in section 371(a) of the Higher Education Act of 

26 1965. 


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1 ‘‘(c) CONSIDERATIONS.—In awarding grants under 

2 this section, the Secretary, to the extent practicable, may 

3 ensure equitable distribution of awards among the geo4 graphical regions of the United States. 

5 ‘‘(d) USE OF FUNDS.—An institution of higher edu6 cation (or a consortium of such institutions)— 

7 ‘‘(1) shall use grant amounts received under 

8 this section to— 

9 ‘‘(A) recruit, enroll, and retain students, 

10 including individuals who are from disadvan11 taged backgrounds (including racial and ethnic 

12 groups underrepresented among medical stu13 dents and health professions), individuals from 

14 rural and underserved areas, low-income indi15 viduals, and first generation college students, at 

16 a school of medicine or osteopathic medicine or 

17 branch campus of a school of medicine or osteo18 pathic medicine; and 

19 ‘‘(B) develop, implement, and expand cur20 riculum that emphasizes care for rural and un21 derserved populations, including accessible and 

22 culturally and linguistically appropriate care 

23 and services, at such school or branch campus; 

24 and 


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1 ‘‘(2) may use grant amounts received under this 

2 section to— 

3 ‘‘(A) plan and construct— 

4 ‘‘(i) a school of medicine or osteo5 pathic medicine in an area in which no 

6 other such school is based; or 

7 ‘‘(ii) a branch campus of a school of 

8 medicine or osteopathic medicine in an 

9 area in which no other such school is 

10 based; 

11 ‘‘(B) plan, develop, and meet criteria for 

12 accreditation for a school of medicine or osteo13 pathic medicine or branch campus of a school 

14 of medicine or osteopathic medicine; 

15 ‘‘(C) hire faculty, including faculty from 

16 racial and ethnic groups who are underrep17 resented among the medical and other health 

18 professions, and other staff to serve at such a 

19 school or branch campus; 

20 ‘‘(D) support educational programs at such 

21 a school or branch campus; 

22 ‘‘(E) modernize and expand infrastructure 

23 at such a school or branch campus; and 

24 ‘‘(F) support other activities that the Sec25 retary determines further the establishment, 


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1 improvement, or expansion of a school of medi2 cine or osteopathic medicine or branch campus 

3 of a school of medicine or osteopathic medicine. 

4 ‘‘(e) APPLICATION.—To be eligible to receive a grant 

5 under subsection (a), an institution of higher education 

6 (or a consortium of such institutions), shall submit an ap7 plication to the Secretary at such time, in such manner, 

8 and containing such information as the Secretary may re9 quire, including a description of the institution’s or con10 sortium’s planned activities described in subsection (d). 

11 ‘‘(f) REPORTING.— 

12 ‘‘(1) REPORTS FROM ENTITIES.—Each institu13 tion of higher education, or consortium of such insti14 tutions, awarded a grant under this section shall 

15 submit an annual report to the Secretary on the ac16 tivities conducted under such grant, and other infor17 mation as the Secretary may require. 

18 ‘‘(2) REPORT TO CONGRESS.—Not later than 5 

19 years after the date of enactment of this section and 

20 every 5 years thereafter, the Secretary shall submit 

21 to the Committee on Health, Education, Labor, and 

22 Pensions of the Senate and the Committee on En23 ergy and Commerce of the House of Representatives 

24 a report that provides a summary of the activities 


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1 and outcomes associated with grants made under 

2 this section. Such reports shall include— 

3 ‘‘(A) a list of awardees, including their pri4 mary geographic location, and location of any 

5 school of medicine or osteopathic medicine, or a 

6 branch campus of school of medicine or osteo7 pathic medicine that was established, improved, 

8 or expanded under this program; 

9 ‘‘(B) the total number of students (includ10 ing the number of students from racial and eth11 nic groups underrepresented among medical 

12 students and health professions, low-income 

13 students, and first generation college students) 

14 who— 

15 ‘‘(i) are enrolled at or who have grad16 uated from any school of medicine or os17 teopathic medicine, or a branch campus of 

18 school of medicine or osteopathic medicine, 

19 that was established, improved, or ex20 panded under this program, deidentified 

21 and disaggregated by race, ethnicity, age, 

22 sex, geographic region, disability status, 

23 and other relevant factors, to the extent 

24 such information is available; and 


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1 ‘‘(ii) who subsequently participate in 

2 an accredited internship or medical resi3 dency program upon graduation from any 

4 school of medicine or osteopathic medicine, 

5 or a branch campus of a school of medicine 

6 or osteopathic medicine, that was estab7 lished, improved, or expanded under this 

8 program, deidentified and disaggregated by 

9 race, ethnicity, age, sex, geographic region, 

10 disability status, medical specialty pursued, 

11 and other relevant factors, to the extent 

12 such information is available; 

13 ‘‘(C) the effects of such program on the 

14 health care provider workforce, including any 

15 impact on demographic representation 

16 disaggregated by race, ethnicity, and sex, and 

17 the fields or specialties pursued by students 

18 who have graduated from any school of medi19 cine or osteopathic medicine, or a branch cam20 pus of school of medicine or osteopathic medi21 cine, that was established, improved, or ex22 panded under this program; 

23 ‘‘(D) the effects of such program on health 

24 care access in underserved areas, including 


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1 medically underserved communities and health 

2 professional shortage areas; and 

3 ‘‘(E) recommendations for improving the 

4 program described in this section, and any 

5 other considerations as the Secretary deter6 mines appropriate. 

7 ‘‘(3) PUBLIC AVAILABILITY.—The Secretary 

8 shall make reports submitted under paragraph (2) 

9 publicly available on the internet website of the De10 partment of Health and Human Services. 

11 ‘‘(g) DEFINITIONS.—In this section: 

12 ‘‘(1) BRANCH CAMPUS.— 

13 ‘‘(A) IN GENERAL.—The term ‘branch 

14 campus’, with respect to a school of medicine or 

15 osteopathic medicine, means an additional loca16 tion of such school that is geographically apart 

17 and independent of the main campus, at which 

18 the school offers at least 50 percent of the pro19 gram leading to a degree of doctor of medicine 

20 or doctor of osteopathy that is offered at the 

21 main campus. 

22 ‘‘(B) INDEPENDENCE FROM MAIN CAM23 PUS.—For purposes of subparagraph (A), the 

24 location of a school described in such subpara25 graph shall be considered to be independent of 


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1 the main campus described in such subpara2 graph if the location— 

3 ‘‘(i) is permanent in nature; 

4 ‘‘(ii) offers courses in educational pro5 grams leading to a degree, certificate, or 

6 other recognized educational credential; 

7 ‘‘(iii) has its own faculty and adminis8 trative or supervisory organization; and 

9 ‘‘(iv) has its own budgetary and hiring 

10 authority. 

11 ‘‘(2) FIRST GENERATION COLLEGE STUDENT.— 

12 The term ‘first generation college student’ has the 

13 meaning given such term in section 402A(h)(3) of 

14 the Higher Education Act of 1965. 

15 ‘‘(3) HEALTH PROFESSIONAL SHORTAGE

16 AREA.—The term ‘health professional shortage area’ 

17 has the meaning given such term in section 332(a). 

18 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 

19 The term ‘institution of higher education’ has the 

20 meaning given such term in section 101 of the High21 er Education Act of 1965. 

22 ‘‘(5) MEDICALLY UNDERSERVED COMMUNITY.— 

23 The term ‘medically underserved community’ has the 

24 meaning given such term in section 799B(6). 


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1 ‘‘(h) FUNDING.—To carry out this section, there are 

2 hereby appropriated, out of amounts in the Treasury not 

3 otherwise appropriated, $1,000,000,000, to remain avail4 able until expended.’’. 

5 SEC. 2202. SUPPORT FOR NURSING EDUCATION AND THE 

6 FUTURE NURSING WORKFORCE. 

7 (a) IN GENERAL.—Part D of title VIII of the Public 

8 Health Service Act (42 U.S.C. 296p et seq.) is amended 

9 by adding at the end the following: 

10 ‘‘SEC. 832. NURSING EDUCATION ENHANCEMENT AND MOD11 ERNIZATION GRANTS IN UNDERSERVED 

12 AREAS. 

13 ‘‘(a) IN GENERAL.—The Secretary, acting through 

14 the Administrator of the Health Resources and Services 

15 Administration, may award grants to schools of nursing 

16 (as defined in section 801) for— 

17 ‘‘(1) increasing the number of faculty and stu18 dents at such schools in order to enhance the pre19 paredness of the United States for, and the ability 

20 of the United States to address and quickly respond 

21 to, public health emergencies declared under section 

22 319 and pandemics; or 

23 ‘‘(2) the enhancement and modernization of 

24 nursing education programs. 


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1 ‘‘(b) PRIORITY.—In selecting grant recipients under 

2 this section, the Secretary shall give priority to schools of 

3 nursing that— 

4 ‘‘(1) are located in a medically underserved 

5 community; 

6 ‘‘(2) are located in a health professional short7 age area as defined under section 332(a); or 

8 ‘‘(3) are institutions of higher education listed 

9 under section 371(a) of the Higher Education Act of 

10 1965. 

11 ‘‘(c) CONSIDERATION.—In awarding grants under 

12 this section, the Secretary, to the extent practicable, may 

13 ensure equitable distribution of awards among the geo14 graphic regions of the United States. 

15 ‘‘(d) USE OF FUNDS.—A school of nursing that re16 ceives a grant under this section may use the funds award17 ed through such grant for activities that include— 

18 ‘‘(1) enhancing enrollment and retention of stu19 dents at such school, with a priority for students 

20 from disadvantaged backgrounds (including racial or 

21 ethnic groups underrepresented in the nursing work22 force), individuals from rural and underserved areas, 

23 low-income individuals, and first generation college 

24 students (as defined in section 402A(h)(3) of the 

25 Higher Education Act of 1965); 


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1 ‘‘(2) creating, supporting, or modernizing edu2 cational programs and curriculum at such school; 

3 ‘‘(3) retaining current faculty, and hiring new 

4 faculty, with an emphasis on faculty from racial or 

5 ethnic groups who are underrepresented in the nurs6 ing workforce; 

7 ‘‘(4) modernizing infrastructure at such school, 

8 including audiovisual or other equipment, personal 

9 protective equipment, simulation and augmented re10 ality resources, telehealth technologies, and virtual 

11 and physical laboratories; 

12 ‘‘(5) partnering with a health care facility, 

13 nurse-managed health clinic, community health cen14 ter, or other facility that provides health care in 

15 order to provide educational opportunities for the 

16 purpose of establishing or expanding clinical edu17 cation; 

18 ‘‘(6) enhancing and expanding nursing pro19 grams that prepare nurse researchers and scientists; 

20 ‘‘(7) establishing nurse-led intradisciplinary and 

21 interprofessional educational partnerships; and 

22 ‘‘(8) other activities that the Secretary deter23 mines further the development, improvement, and 

24 expansion of schools of nursing. 


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1 ‘‘(e) REPORTS FROM ENTITIES.—Each school of 

2 nursing awarded a grant under this section shall submit 

3 an annual report to the Secretary on the activities con4 ducted under such grant, and other information as the 

5 Secretary may require. 

6 ‘‘(f) REPORT TO CONGRESS.—Not later than 5 years 

7 after the date of the enactment of this section, the Sec8 retary shall submit to the Committee on Health, Edu9 cation, Labor, and Pensions of the Senate and the Com10 mittee on Energy and Commerce of the House of Rep11 resentatives a report that provides a summary of the ac12 tivities and outcomes associated with grants made under 

13 this section. Such report shall include— 

14 ‘‘(1) a list of schools of nursing receiving grants 

15 under this section, including the primary geographic 

16 location of any school of nursing that was improved 

17 or expanded through such a grant; 

18 ‘‘(2) the total number of students who are en19 rolled at or who have graduated from any school of 

20 nursing that was improved or expanded through a 

21 grant under this section, which such statistic shall— 

22 ‘‘(A) to the extent such information is 

23 available, be deidentified and disaggregated by 

24 race, ethnicity, age, sex, geographic region, dis25 ability status, and other relevant factors; and 


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1 ‘‘(B) include an indication of the number 

2 of such students who are from racial or ethnic 

3 groups underrepresented in the nursing work4 force, such students who are from rural or un5 derserved areas, such students who are low-in6 come students, and such students who are first 

7 generation college students (as defined in sec8 tion 402A(h)(3) of the Higher Education Act of 

9 1965); 

10 ‘‘(3) to the extent such information is available, 

11 the effects of the grants awarded under this section 

12 on retaining and hiring of faculty, including any in13 crease in diverse faculty, the number of clinical edu14 cation partnerships, the modernization of nursing 

15 education infrastructure, and other ways this section 

16 helps address and quickly respond to public health 

17 emergencies and pandemics; 

18 ‘‘(4) recommendations for improving the grants 

19 awarded under this section; and 

20 ‘‘(5) any other considerations as the Secretary 

21 determines appropriate. 

22 ‘‘(g) FUNDING.—To carry out this section, there are 

23 hereby appropriated, out of amounts in the Treasury not 

24 otherwise appropriated, $1,000,000,000, to remain avail25 able until expended.’’. 


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1 (b) STRENGTHENING NURSE EDUCATION.—The 

2 heading of part D of title VIII of the Public Health Serv3 ice Act (42 U.S.C. 296p et seq.) is amended by striking 

4 ‘‘BASIC’’. 

5 SEC. 2203. LOAN REPAYMENT PROGRAM FOR SUBSTANCE 

6 USE DISORDER TREATMENT WORKFORCE. 

7 Section 781 of the Public Health Service Act (42 

8 U.S.C. 295h) is amended by adding at the end the fol9 lowing: 

10 ‘‘(k) ADDITIONAL FUNDING.—In addition to 

11 amounts otherwise made available for such purpose, to 

12 carry out this section, there are hereby appropriated, out 

13 of amounts in the Treasury not otherwise appropriated, 

14 $100,000,000, to remain available until expended.’’. 

15 SEC. 2204. LOAN REPAYMENT AND SCHOLARSHIP PRO16 GRAMS FOR THE NURSING WORKFORCE. 

17 Section 846 of the Public Health Service Act (42 

18 U.S.C. 297n) is amended by adding at the end the fol19 lowing: 

20 ‘‘(j) ADDITIONAL FUNDING.—In addition to amounts 

21 otherwise made available to carry out this section, there 

22 are hereby appropriated, out of amounts in the Treasury 

23 not otherwise appropriated, $750,000,000, to remain 

24 available until expended.’’. 


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1 SEC. 2205. ADDITIONAL FUNDING FOR HEALTH PROFES2 SIONS EDUCATION. 

3 In addition to amounts otherwise made available for 

4 such purpose, to carry out the programs under title VII 

5 of the Public Health Service Act (42 U.S.C. 292 et seq.), 

6 there are hereby appropriated, out of amounts in the 

7 Treasury not otherwise appropriated, $250,000,000, to re8 main available until expended. 

9 SEC. 2206. ADDITIONAL FUNDING FOR NURSING WORK10 FORCE DEVELOPMENT. 

11 In addition to amounts otherwise made available for 

12 such purpose, to carry out the programs under title VIII 

13 of the Public Health Service Act (42 U.S.C. 296 et seq.), 

14 there are hereby appropriated, out of amounts in the 

15 Treasury not otherwise appropriated, $250,000,000, to re16 main available until expended. 

17 SEC. 2207. NATIONAL HEALTH SERVICE CORPS. 

18 In addition to amounts otherwise made available for 

19 such purposes, there are hereby appropriated, out of 

20 amounts in the Treasury not otherwise appropriated, to 

21 the Secretary of Health and Human Services, 

22 $2,500,000,000, for purposes of carrying out the National 

23 Health Service Corps program, to remain available until 

24 expended. 


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1 Subtitle C—Improving Access to 

2 Health Care Services 

3 SEC. 2301. EXPANDING ACCESS TO MENTAL HEALTH SERV4 ICES AND CERTAIN EVALUATION AND MAN5 AGEMENT SERVICES FURNISHED THROUGH 

6 TELEHEALTH. 

7 (a) TREATMENT OF MENTAL HEALTH SERVICES

8 FURNISHED THROUGH TELEHEALTH.—Paragraph (7) of 

9 section 1834(m) of the Social Security Act (42 U.S.C. 

10 1395m(m)) is amended— 

11 (1) in the paragraph heading, by inserting 

12 ‘‘AND MENTAL HEALTH SERVICES’’ after ‘‘DISORDER

13 SERVICES’’; and 

14 (2) by inserting ‘‘or, on or after the first day 

15 after the end of the public health emergency de16 scribed in section 1135(g)(1)(B), to an eligible tele17 health individual for purposes of diagnosis, evalua18 tion, or treatment of a mental health disorder, as de19 termined by the Secretary,’’ after ‘‘as determined by 

20 the Secretary,’’. 

21 (b) TREATMENT OF CERTAIN EVALUATION AND

22 MANAGEMENT SERVICES FURNISHED THROUGH TELE23 HEALTH.—Such section 1834(m), as amended by sub24 section (a), is amended— 

25 (1) in paragraph (4)(C)— 


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1 (A) in clause (i), by striking ‘‘and (7)’’ and 

2 inserting ‘‘(7), and (9)’’; and 

3 (B) in clause (ii)(X), by inserting ‘‘or 

4 paragraph (9)(A)’’ before the period; and 

5 (2) by adding at the end the following new 

6 paragraph: 

7 ‘‘(9) TREATMENT OF CERTAIN EVALUATION

8 AND MANAGEMENT SERVICES FURNISHED THROUGH

9 TELEHEALTH.— 

10 ‘‘(A) IN GENERAL.—The geographic re11 quirements described in paragraph 4(C)(i) shall 

12 not apply with respect to a telehealth service 

13 that is a medical visit that is in the category of 

14 HCPCS evaluation and management services 

15 for office and other outpatient services and that 

16 is furnished on or after the first day after the 

17 end of the public health emergency described in 

18 section 1135(g)(1)(B), to an eligible telehealth 

19 individual by a qualified provider, at an origi20 nating site described in paragraph 4(C)(ii) 

21 (other than an originating site described in sub22 clause (IX) of such paragraph). 

23 ‘‘(B) DEFINITION OF QUALIFIED PRO24 VIDER.—For purposes of this paragraph, the 

25 term ‘qualified provider’ means, with respect to 


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1 a telehealth service described in subparagraph 

2 (A) that is furnished to an eligible telehealth in3 dividual, a physician or practitioner who— 

4 ‘‘(i) furnished to such individual, dur5 ing the 18-month period ending on the 

6 date the telehealth service was furnished, 

7 an item or service in person for which— 

8 ‘‘(I) payment was made under 

9 this title; or 

10 ‘‘(II) such payment would have 

11 been made if such individual were en12 titled to, or enrolled for, benefits 

13 under this title at the time such item 

14 or service was furnished; or 

15 ‘‘(ii) is in the same practice (as deter16 mined by tax identification number) as a 

17 physician or practitioner who furnished 

18 such an item or service in person to such 

19 individual during such period.’’. 

20 (c) IMPLEMENTATION.—Notwithstanding any other 

21 provision of law, the Secretary may implement the provi22 sions of, or amendments made by, this section by interim 

23 final rule, program instruction, or otherwise. 


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1 SEC. 2302. ENHANCED FEDERAL MEDICAID SUPPORT FOR 

2 COMMUNITY-BASED MOBILE CRISIS INTER3 VENTION SERVICES. 

4 Section 1903 of the Social Security Act (42 U.S.C. 

5 1396b) is amended by adding at the end the following new 

6 subsection: 

7 ‘‘(bb) COMMUNITY-BASED MOBILE CRISIS INTER8 VENTION SERVICES.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding section 

10 1902(a)(1) (relating to statewideness), section 

11 1902(a)(10)(B) (relating to comparability), section 

12 1902(a)(23)(A) (relating to freedom of choice of 

13 providers), or section 1902(a)(27) (relating to pro14 vider agreements), a State may provide medical as15 sistance for qualifying community-based mobile cri16 sis intervention services under a State plan amend17 ment or waiver approved under section 1115 or 

18 1915(c). 

19 ‘‘(2) QUALIFYING COMMUNITY-BASED MOBILE

20 CRISIS INTERVENTION SERVICES DEFINED.—For 

21 purposes of this subsection, the term ‘qualifying 

22 community-based mobile crisis intervention services’ 

23 means, with respect to a State, items and services 

24 for which medical assistance is available under the 

25 State plan under this title or a waiver of such plan, 

26 that are— 


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1 ‘‘(A) furnished to an individual who is— 

2 ‘‘(i) outside of a hospital or other fa3 cility setting; and 

4 ‘‘(ii) experiencing a mental health or 

5 substance use disorder crisis; 

6 ‘‘(B) furnished by a multidisciplinary mo7 bile crisis team— 

8 ‘‘(i) that includes at least 1 behavioral 

9 health care professional who is capable of 

10 conducting an assessment of the individual, 

11 in accordance with the professional’s per12 mitted scope of practice under State law, 

13 and other professionals or paraprofes14 sionals with appropriate expertise in behav15 ioral health or mental health crisis re16 sponse, including nurses, social workers, 

17 peer support specialists, and others, as 

18 designated by the State and approved by 

19 the Secretary; 

20 ‘‘(ii) whose members are trained in 

21 trauma-informed care, de-escalation strate22 gies, and harm reduction; 

23 ‘‘(iii) that is able to respond in a 

24 timely manner and, where appropriate, 

25 provides— 


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1 ‘‘(I) screening and assessment; 

2 ‘‘(II) stabilization and de-esca3 lation; 

4 ‘‘(III) coordination with, and re5 ferrals to, health, social, and other 

6 services and supports as needed; and 

7 ‘‘(IV) provision or coordination of 

8 transportation to the next step in care 

9 or treatment; 

10 ‘‘(iv) that maintains relationships with 

11 relevant community partners, including 

12 medical and behavioral health providers, 

13 community health centers, crisis respite 

14 centers, managed care organizations (if ap15 plicable), entities able to provide assistance 

16 with application and enrollment in the 

17 State plan or a waiver of the plan, entitles 

18 able to provide assistance with applying for 

19 and enrolling in benefit programs, entities 

20 that provide assistance with housing (such 

21 as public housing authorities, Continuum 

22 of Care programs, or not-for-profit entities 

23 that provide housing assistance), and enti24 ties that provide assistance with other so25 cial services; 


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1 ‘‘(v) that coordinates with crisis inter2 vention hotlines and emergency response 

3 systems; 

4 ‘‘(vi) that maintains the privacy and 

5 confidentiality of patient information con6 sistent with Federal and State require7 ments; and 

8 ‘‘(vii) that operates independently 

9 from (but may coordinate with) State or 

10 local law enforcement agencies; 

11 ‘‘(C) available 24 hours per day, every day 

12 of the year; and 

13 ‘‘(D) voluntary to receive. 

14 ‘‘(3) PAYMENTS.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding sec16 tion 1905(b), beginning January 1, 2021, dur17 ing each of the first 12 fiscal quarters that a 

18 State meets the requirements described in para19 graph (4), the Federal medical assistance per20 centage applicable to amounts expended by the 

21 State for medical assistance for qualifying com22 munity-based mobile crisis intervention services 

23 furnished during such quarter shall be equal to 

24 95 percent. 


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1 ‘‘(B) EXCLUSION OF ENHANCED PAY2 MENTS FROM TERRITORIAL CAPS.—To the ex3 tent that the amount of a payment to Puerto 

4 Rico, the Virgin Islands, Guam, the Northern 

5 Mariana Islands, or American Samoa for med6 ical assistance for qualifying community-based 

7 mobile crisis intervention services that is based 

8 on the Federal medical assistance percentage 

9 specified in subparagraph (A) exceeds the 

10 amount that would have been paid to such ter11 ritory for such services if the Federal medical 

12 assistance percentage for the territory had been 

13 determined without regard to such subpara14 graph— 

15 ‘‘(i) the limitation on payments to ter16 ritories under subsections (f) and (g) of 

17 section 1108 shall not apply to the amount 

18 of such excess; and 

19 ‘‘(ii) the amount of such excess shall 

20 be disregarded in applying such sub21 sections. 

22 ‘‘(4) REQUIREMENTS.—The requirements de23 scribed in this paragraph are the following: 

24 ‘‘(A) The State demonstrates, to the satis25 faction of the Secretary— 


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1 ‘‘(i) that it will be able to support the 

2 provision of qualifying community-based 

3 mobile crisis intervention services that 

4 meet the conditions specified in paragraph 

5 (2); and 

6 ‘‘(ii) how it will support coordination 

7 between mobile crisis teams and commu8 nity partners, including health care pro9 viders, to enable the provision of services, 

10 needed referrals, and other activities iden11 tified by the Secretary. 

12 ‘‘(B) The State provides assurances satis13 factory to the Secretary that— 

14 ‘‘(i) any additional Federal funds re15 ceived by the State for qualifying commu16 nity-based mobile crisis intervention serv17 ices provided under this subsection that 

18 are attributable to the increased Federal 

19 medical assistance percentage under para20 graph (3)(A) will be used to supplement, 

21 and not supplant, the level of State funds 

22 expended for such services for fiscal year 

23 2019; 

24 ‘‘(ii) if the State made qualifying com25 munity-based mobile crisis intervention 


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1 services available in a region of the State 

2 in fiscal year 2019, the State will continue 

3 to make such services available in such re4 gion under this subsection at the same 

5 level that the State made such services 

6 available in such fiscal year; and 

7 ‘‘(iii) the State will conduct the eval8 uation and assessment, and submit the re9 port, required under paragraph (5). 

10 ‘‘(5) STATE EVALUATION AND REPORT.— 

11 ‘‘(A) STATE EVALUATION.—Not later than 

12 4 fiscal quarters after a State begins providing 

13 qualifying community-based mobile crisis inter14 vention services in accordance with this sub15 section, the State shall enter into a contract 

16 with an independent entity or organization to 

17 conduct an evaluation for the purposes of— 

18 ‘‘(i) determining the effect of the pro19 vision of such services on— 

20 ‘‘(I) emergency room visits; 

21 ‘‘(II) use of ambulatory services; 

22 ‘‘(III) hospitalizations; 

23 ‘‘(IV) the involvement of law en24 forcement in mental health or sub25 stance use disorder crisis events; 


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1 ‘‘(V) the diversion of individuals 

2 from jails or similar settings; and 

3 ‘‘(ii) assessing— 

4 ‘‘(I) the types of services pro5 vided to individuals; 

6 ‘‘(II) the types of events re7 sponded to; 

8 ‘‘(III) cost savings or cost-effec9 tiveness attributable to such services; 

10 ‘‘(IV) the experiences of individ11 uals who receive qualifying commu12 nity-based mobile crisis intervention 

13 services; 

14 ‘‘(V) the successful connection of 

15 individuals with follow-up services; 

16 and 

17 ‘‘(VI) other relevant outcomes 

18 identified by the Secretary. 

19 ‘‘(B) COMPARISON TO HISTORICAL MEAS20 URES.—The contract described in subparagraph 

21 (A) shall specify that the evaluation is based on 

22 a comparison of the historical measures of 

23 State performance with respect to the outcomes 

24 specified under such subparagraph to the 

25 State’s performance with respect to such outVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 comes during the period beginning with the 

2 first quarter in which the State begins pro3 viding qualifying community-based mobile crisis 

4 intervention services in accordance with this 

5 subsection. 

6 ‘‘(C) REPORT.—Not later than 2 years 

7 after a State begins to provide qualifying com8 munity-based mobile crisis intervention services 

9 in accordance with this subsection, the State 

10 shall submit a report to the Secretary on the 

11 following: 

12 ‘‘(i) The results of the evaluation car13 ried out under subparagraph (A). 

14 ‘‘(ii) The number of individuals who 

15 received qualifying community-based mo16 bile crisis intervention services. 

17 ‘‘(iii) Demographic information re18 garding such individuals when available, 

19 including the race or ethnicity, age, sex, 

20 sexual orientation, gender identity, and ge21 ographic location of such individuals. 

22 ‘‘(iv) The processes and models devel23 oped by the State to provide qualifying 

24 community-based mobile crisis intervention 

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1 er, including the processes developed to 

2 provide referrals for, or coordination with, 

3 follow-up care and services. 

4 ‘‘(v) Lessons learned regarding the 

5 provision of such services. 

6 ‘‘(D) PUBLIC AVAILABILITY.—The State 

7 shall make the report required under subpara8 graph (C) publicly available, including on the 

9 website of the appropriate State agency, upon 

10 submission of such report to the Secretary. 

11 ‘‘(6) BEST PRACTICES REPORT.— 

12 ‘‘(A) IN GENERAL.—Not later than 3 years 

13 after the first State begins to provide qualifying 

14 community-based mobile crisis intervention 

15 services in accordance with this subsection, the 

16 Secretary shall submit a report to Congress 

17 that— 

18 ‘‘(i) identifies the States that elected 

19 to provide services in accordance with this 

20 subsection; 

21 ‘‘(ii) summarizes the information re22 ported by such States under paragraph 

23 (5)(C); and 


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1 ‘‘(iii) identifies best practices for the 

2 effective delivery of community-based mo3 bile crisis intervention services. 

4 ‘‘(B) PUBLIC AVAILABILITY.—The report 

5 required under subparagraph (A) shall be made 

6 publicly available, including on the website of 

7 the Department of Health and Human Services, 

8 upon submission to Congress. 

9 ‘‘(7) STATE PLANNING AND EVALUATION

10 GRANTS.— 

11 ‘‘(A) IN GENERAL.—As soon as practicable 

12 after the date of enactment of this subsection, 

13 the Secretary may award planning and evalua14 tion grants to States for purposes of developing 

15 a State plan amendment or section 1115 or 

16 1915(c) waiver request (or an amendment to 

17 such a waiver) to provide qualifying community18 based mobile crisis intervention services and 

19 conducting the evaluation required under para20 graph (5)(A). A grant awarded to a State 

21 under this paragraph shall remain available 

22 until expended. 

23 ‘‘(B) STATE CONTRIBUTION.—A State 

24 awarded a grant under this subsection shall 

25 contribute for each fiscal year for which the 


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1 grant is awarded an amount equal to the State 

2 percentage determined under section 1905(b) 

3 (without regard to the temporary increase in 

4 the Federal medical assistance percentage of 

5 the State under section 6008(a) of the Families 

6 First Coronavirus Response Act (Public Law 

7 116–127) or any other temporary increase in 

8 the Federal medical assistance percentage of 

9 the State for fiscal year 2020 or any succeeding 

10 fiscal year) of the grant amount. 

11 ‘‘(8) FUNDING.— 

12 ‘‘(A) IMPLEMENTATION AND ADMINISTRA13 TION.—There is appropriated to the Secretary, 

14 out of any funds in the Treasury not otherwise 

15 appropriated, such sums as are necessary for 

16 purposes of implementing and administering 

17 this section. 

18 ‘‘(B) PLANNING AND EVALUATION

19 GRANTS.—There is appropriated, out of any 

20 funds in the Treasury not otherwise appro21 priated, $25,000,000 to the Secretary for fiscal 

22 year 2021 for purposes of making grants under 

23 paragraph (7), to remain available until ex24 pended.’’. 


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1 SEC. 2303. EXTENSION AND EXPANSION OF COMMUNITY 

2 MENTAL HEALTH SERVICES DEMONSTRA3 TION PROGRAM; FUNDING FOR THE CER4 TIFIED COMMUNITY BEHAVIORAL HEALTH 

5 CLINIC EXPANSION GRANT PROGRAM. 

6 (a) IN GENERAL.—Section 223(d) of the Protecting 

7 Access to Medicare Act of 2014 (42 U.S.C. 1396a note) 

8 is amended— 

9 (1) in paragraph (3), by striking ‘‘December 

10 11, 2020’’ and inserting ‘‘December 31, 2022’’; and 

11 (2) in paragraph (8)— 

12 (A) in subparagraph (A), by striking ‘‘to 

13 participate in 2-year demonstration programs 

14 that meet the requirements of this subsection’’ 

15 and inserting ‘‘to conduct demonstration pro16 grams under this subsection for 2 years or 

17 through the date specified in paragraph (3), 

18 whichever is longer’’; 

19 (B) by redesignating subparagraph (C) as 

20 subparagraph (D); and 

21 (C) by striking subparagraph (B) and in22 serting the following: 

23 ‘‘(B) OTHER NEW PROGRAMS.—In addition 

24 to the 8 States selected under paragraph (1) 

25 and the 2 States selected under subparagraph 

26 (A), not later than 6 months after the date of 


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1 enactment of the Economic Justice Act, the 

2 Secretary shall select 9 additional States to 

3 conduct demonstration programs under this 

4 subsection for 2 years or through the date spec5 ified in paragraph (3), whichever is longer. 

6 ‘‘(C) SELECTION OF STATES.— 

7 ‘‘(i) INITIAL ADDITIONAL PRO8 GRAMS.—In selecting States under sub9 paragraph (A), the Secretary— 

10 ‘‘(I) shall select States that— 

11 ‘‘(aa) were awarded plan12 ning grants under subsection (c); 

13 and 

14 ‘‘(bb) applied to participate 

15 in the demonstration programs 

16 under this subsection under para17 graph (1) but, as of March 27, 

18 2020, were not selected to par19 ticipate under paragraph (1); and 

20 ‘‘(II) shall use the results of the 

21 Secretary’s evaluation of each State’s 

22 application under paragraph (1) to 

23 determine which States to select, and 

24 shall not require the submission of 

25 any additional application. 


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1 ‘‘(ii) OTHER NEW PROGRAMS.—Clause 

2 (i) shall apply to the selection of States 

3 under subparagraph (B), except that, for 

4 purposes of applying that clause to the se5 lection of States under such subparagraph, 

6 the Secretary shall substitute ‘as of the 

7 date of enactment of the Economic Justice 

8 Act, were not selected to participate under 

9 paragraph (1) or under this paragraph’ for 

10 ‘as of March 27, 2020, were not selected 

11 to participate under paragraph (1)’.’’. 

12 (b) FUNDING FOR THE CERTIFIED COMMUNITY BE13 HAVIORAL HEALTH CLINIC EXPANSION GRANT PRO14 GRAM.—For purposes of carrying out the Certified Com15 munity Behavioral Health Clinic Expansion Grant Pro16 gram of the Substance Abuse and Mental Health Services 

17 Administration, there are hereby appropriated, out of 

18 amounts in the Treasury not otherwise appropriated, 

19 $600,000,000, to remain available until expended. 

20 SEC. 2304. EXPANDING CAPACITY FOR HEALTH OUTCOMES. 

21 Title III of the Public Health Service Act is amended 

22 by inserting after section 330M (42 U.S.C. 254c–19) the 

23 following: 


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1 ‘‘SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUT2 COMES. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en5 tity’ means an entity that provides, or supports the 

6 provision of, health care services in rural areas, fron7 tier areas, health professional shortage areas, or 

8 medically underserved areas, or to medically under9 served populations or Native Americans, including 

10 Indian Tribes, Tribal organizations, and urban In11 dian organizations, and which may include entities 

12 leading, or capable of leading, a technology-enabled 

13 collaborative learning and capacity building model or 

14 engaging in technology-enabled collaborative training 

15 of participants in such model. 

16 ‘‘(2) HEALTH PROFESSIONAL SHORTAGE

17 AREA.—The term ‘health professional shortage area’ 

18 means a health professional shortage area des19 ignated under section 332. 

20 ‘‘(3) INDIAN TRIBE.—The terms ‘Indian Tribe’ 

21 and ‘Tribal organization’ have the meanings given 

22 the terms ‘Indian tribe’ and ‘tribal organization’ in 

23 section 4 of the Indian Self-Determination and Edu24 cation Assistance Act. 

25 ‘‘(4) MEDICALLY UNDERSERVED POPU26 LATION.—The term ‘medically underserved popuVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 lation’ has the meaning given the term in section 

2 330(b)(3). 

3 ‘‘(5) NATIVE AMERICANS.—The term ‘Native 

4 Americans’ has the meaning given the term in sec5 tion 736 and includes Indian Tribes and Tribal or6 ganizations. 

7 ‘‘(6) TECHNOLOGY-ENABLED COLLABORATIVE

8 LEARNING AND CAPACITY BUILDING MODEL.—The 

9 term ‘technology-enabled collaborative learning and 

10 capacity building model’ means a distance health 

11 education model that connects health care profes12 sionals, and particularly specialists, with multiple 

13 other health care professionals through simultaneous 

14 interactive videoconferencing for the purpose of fa15 cilitating case-based learning, disseminating best 

16 practices, and evaluating outcomes. 

17 ‘‘(7) URBAN INDIAN ORGANIZATION.—The term 

18 ‘urban Indian organization’ has the meaning given 

19 the term in section 4 of the Indian Health Care Im20 provement Act. 

21 ‘‘(b) PROGRAM ESTABLISHED.—The Secretary shall, 

22 as appropriate, award grants to evaluate, develop, and, as 

23 appropriate, expand the use of technology-enabled collabo24 rative learning and capacity building models, to improve 

25 retention of health care providers and increase access to 


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1 health care services, such as those to address chronic dis2 eases and conditions, infectious diseases, mental health, 

3 substance use disorders, prenatal and maternal health, pe4 diatric care, pain management, palliative care, and other 

5 specialty care in rural areas, frontier areas, health profes6 sional shortage areas, or medically underserved areas and 

7 for medically underserved populations or Native Ameri8 cans. 

9 ‘‘(c) USE OF FUNDS.— 

10 ‘‘(1) IN GENERAL.—Grants awarded under sub11 section (b) shall be used for— 

12 ‘‘(A) the development and acquisition of 

13 instructional programming, and the training of 

14 health care providers and other professionals 

15 that provide or assist in the provision of serv16 ices through models described in subsection (b), 

17 such as training on best practices for data col18 lection and leading or participating in such 

19 technology-enabled activities consistent with 

20 technology-enabled collaborative learning and 

21 capacity-building models; 

22 ‘‘(B) information collection and evaluation 

23 activities to study the impact of such models on 

24 patient outcomes and health care providers, and 


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1 to identify best practices for the expansion and 

2 use of such models; or 

3 ‘‘(C) other activities consistent with achiev4 ing the objectives of the grants awarded under 

5 this section, as determined by the Secretary. 

6 ‘‘(2) OTHER USES.—In addition to any of the 

7 uses under paragraph (1), grants awarded under 

8 subsection (b) may be used for— 

9 ‘‘(A) equipment to support the use and ex10 pansion of technology-enabled collaborative 

11 learning and capacity building models, including 

12 for hardware and software that enables distance 

13 learning, health care provider support, and the 

14 secure exchange of electronic health informa15 tion; or 

16 ‘‘(B) support for health care providers and 

17 other professionals that provide or assist in the 

18 provision of services through such models. 

19 ‘‘(d) LENGTH OF GRANTS.—Grants awarded under 

20 subsection (b) shall be for a period of up to 5 years. 

21 ‘‘(e) GRANT REQUIREMENTS.—The Secretary may 

22 require entities awarded a grant under this section to col23 lect information on the effect of the use of technology24 enabled collaborative learning and capacity building mod25 els, such as on health outcomes, access to health care servVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 ices, quality of care, and provider retention in areas and 

2 populations described in subsection (b). The Secretary 

3 may award a grant or contract to assist in the coordina4 tion of such models, including to assess outcomes associ5 ated with the use of such models in grants awarded under 

6 subsection (b), including for the purpose described in sub7 section (c)(1)(B). 

8 ‘‘(f) APPLICATION.—An eligible entity that seeks to 

9 receive a grant under subsection (b) shall submit to the 

10 Secretary an application, at such time, in such manner, 

11 and containing such information as the Secretary may re12 quire. Such application shall include plans to assess the 

13 effect of technology-enabled collaborative learning and ca14 pacity building models on patient outcomes and health 

15 care providers. 

16 ‘‘(g) ACCESS TO BROADBAND.—In administering 

17 grants under this section, the Secretary may coordinate 

18 with other agencies to ensure that funding opportunities 

19 are available to support access to reliable, high-speed 

20 internet for grantees. 

21 ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall 

22 provide (either directly through the Department of Health 

23 and Human Services or by contract) technical assistance 

24 to eligible entities, including recipients of grants under 

25 subsection (b), on the development, use, and evaluation 


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1 of technology-enabled collaborative learning and capacity 

2 building models in order to expand access to health care 

3 services provided by such entities, including for medically 

4 underserved areas and to medically underserved popu5 lations or Native Americans. 

6 ‘‘(i) RESEARCH AND EVALUATION.—The Secretary, 

7 in consultation with stakeholders with appropriate exper8 tise in such models, shall develop a strategic plan to re9 search and evaluate the evidence for such models. The 

10 Secretary shall use such plan to inform the activities car11 ried out under this section. 

12 ‘‘(j) REPORT BY SECRETARY.—Not later than 4 

13 years after the date of enactment of this section, the Sec14 retary shall prepare and submit to the Committee on 

15 Health, Education, Labor, and Pensions of the Senate and 

16 the Committee on Energy and Commerce of the House 

17 of Representatives, and post on the internet website of the 

18 Department of Health and Human Services, a report in19 cluding, at minimum— 

20 ‘‘(1) a description of any new and continuing 

21 grants awarded to entities under subsection (b) and 

22 the specific purpose and amounts of such grants; 

23 ‘‘(2) an overview of— 

24 ‘‘(A) the evaluations conducted under sub25 sections (b); 


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1 ‘‘(B) technical assistance provided under 

2 subsection (h); and 

3 ‘‘(C) activities conducted by entities award4 ed grants under subsection (b); and 

5 ‘‘(3) a description of any significant findings or 

6 developments related to patient outcomes or health 

7 care providers and best practices for eligible entities 

8 expanding, using, or evaluating technology-enabled 

9 collaborative learning and capacity building models, 

10 including through the activities described in sub11 section (h). 

12 ‘‘(k) FUNDING.—To carry out this section, there are 

13 hereby appropriated, out of amounts in the Treasury not 

14 otherwise appropriated, $100,000,000 for each of fiscal 

15 years 2021 through 2025, to remain available until ex16 pended.’’. 

17 SEC. 2305. RYAN WHITE HIV/AIDS PROGRAM. 

18 For purposes of carrying out title XXVI of the Public 

19 Health Service Act (42 U.S.C. 300ff–11 et seq.), there 

20 are hereby appropriated, out of amounts in the Treasury 

21 not otherwise appropriated, $1,000,000,000, to remain 

22 available until expended. 


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1 SEC. 2306. COMMUNITY MENTAL HEALTH SERVICES BLOCK 

2 GRANT. 

3 Section 1920 of the Public Health Service Act (42 

4 U.S.C. 300x–9) is amended— 

5 (1) by redesignating subsections (b) and (c) as 

6 subsections (c) and (d), respectively; and 

7 (2) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) ADDITIONAL AMOUNTS FOR COMMUNITY MEN10 TAL HEALTH SERVICES.—In addition to amounts other11 wise made available for such purposes, for purposes of car12 rying out this subpart, subpart III with respect to mental 

13 health, and section 515(c), there are hereby appropriated, 

14 out of amounts in the Treasury not otherwise appro15 priated, $700,000,000 for each of fiscal years 2021 

16 through 2025, to remain available until expended.’’. 

17 SEC. 2307. SUBSTANCE ABUSE PREVENTION AND TREAT18 MENT BLOCK GRANT. 

19 Section 1935 of the Public Health Service Act (42 

20 U.S.C. 300x–35) is amended— 

21 (1) by redesignating subsection (b) as sub22 section (c); and 

23 (2) by inserting after subsection (a) the fol24 lowing: 

25 ‘‘(b) ADDITIONAL AMOUNTS FOR SUBSTANCE ABUSE

26 PREVENTION AND TREATMENT.—In addition to amounts 


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1 otherwise made available for such purposes, for purposes 

2 of carrying out this subpart, subpart III with respect to 

3 substance abuse, section 505(d), and section 515(d), there 

4 are hereby appropriated, out of amounts in the Treasury 

5 not otherwise appropriated, $500,000,000 for each of fis6 cal years 2021 through 2025, to remain available until ex7 pended.’’. 

8 TITLE III—FEDERALLY SUP9 PORTED JOBS, TRAINING, 

10 AND AT-RISK YOUTH INITIA11 TIVES 

12 Subtitle A—Department of Labor 

13 Employment and Training Pro14 grams 

15 SEC. 3101. DEFINITIONS AND WIOA REQUIREMENTS. 

16 (a) WIOA DEFINITIONS AND REQUIREMENTS.—Ex17 cept as otherwise provided, in this subtitle, other than 

18 chapter 5— 

19 (1) the terms have the meanings given the 

20 terms in section 3 of the Workforce Innovation and 

21 Opportunity Act (29 U.S.C. 3102); and 

22 (2) an allotment, allocation, or other provision 

23 of funds made in accordance with a provision of the 

24 Workforce Innovation and Opportunity Act (29 

25 U.S.C. 3101 et seq.) shall be made in compliance 


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1 with the applicable requirements of such Act (29 

2 U.S.C. 3101 et seq.), including the applicable re3 quirements of section 182(e) of such Act (29 U.S.C. 

4 3242(e)) unless otherwise provided for in this title. 

5 (b) OTHER DEFINITIONS.—In this subtitle: 

6 (1) APPRENTICESHIP OPPORTUNITY; APPREN7 TICESHIP PROGRAM.—The terms ‘‘apprenticeship op8 portunity’’ and ‘‘apprenticeship program’’ mean an 

9 opportunity in an apprenticeship program, and an 

10 apprenticeship program, that is registered by the Of11 fice of Apprenticeship or a State apprenticeship 

12 agency under the Act of August 16, 1937 (com13 monly known as the ‘‘National Apprenticeship Act’’) 

14 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 

15 including, as in effect on December 30, 2019, any 

16 requirement, standard, or rule promulgated under 

17 that Act. 

18 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 

19 means coronavirus as defined in section 506 of the 

20 Coronavirus Preparedness and Response Supple21 mental Appropriations Act, 2020 (Public Law 116– 

22 123). 

23 (3) COVID–19 NATIONAL EMERGENCY.—The 

24 term ‘‘COVID–19 national emergency’’ means the 

25 national emergency declared by the President under 


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1 the National Emergencies Act (50 U.S.C. 1601 et 

2 seq.) on March 13, 2020, with respect to the 

3 coronavirus. 

4 (4) SECRETARY.—The term ‘‘Secretary’’— 

5 (A) as such term is used in chapters 1 

6 through 4, and chapters 6 and 7, means the 

7 Secretary of Labor; and 

8 (B) as such term is used in chapter 5, 

9 means the Secretary of Education. 

10 (c) RULE.—If funds awarded under this subtitle, in11 cluding all funds awarded for the purposes of grants, con12 tracts or cooperative agreements, or the development, im13 plementation, or administration of apprenticeship pro14 grams (or apprenticeship opportunities), are used to fund 

15 apprenticeship programs (or apprenticeship opportuni16 ties), those funds shall only be provided to apprenticeship 

17 programs (or opportunities in apprenticeship programs) 

18 that meet the definition of an apprenticeship program 

19 under subsection (b). 

20 CHAPTER 1—WORKFORCE DEVELOPMENT 

21 ACTIVITIES IN RESPONSE TO THE 

22 COVID–19 NATIONAL EMERGENCY 

23 SEC. 3111. WORKFORCE RESPONSE ACTIVITIES. 

24 (a) FUNDS FOR ADULTS AND DISLOCATED WORK25 ERS.—With respect to funds appropriated under section 


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1 3113(d) or 3115(c) and allotted to a State under subtitle 

2 B of title I of the Workforce Innovation and Opportunity 

3 Act (29 U.S.C. 3151 et seq.) for adult or dislocated work4 er workforce development activities, allocated to a local 

5 area for adult workforce development activities in accord6 ance with paragraph (2)(A) or paragraph (3) of section 

7 133(b) of the Workforce Innovation and Opportunity Act 

8 (29 U.S.C. 3173(b)), or allocated to a local area for dis9 located worker workforce development activities in accord10 ance with section 133(b)(2)(B) of such Act (29 U.S.C. 

11 3173(b)(B)), the following shall apply: 

12 (1) ELIGIBILITY OF ADULTS AND DISLOCATED

13 WORKERS.—To be eligible to receive services 

14 through those funds, an adult or dislocated work15 er— 

16 (A) shall not be required to meet the re17 quirements of section 134(c)(3)(B) of the 

18 Workforce Innovation and Opportunity Act (29 

19 U.S.C. 3174(c)(3)(B)); and 

20 (B) may include, as determined by the 

21 Governor or local board involved, an individual 

22 described in section 2102(a)(3)(A) of the 

23 Coronavirus Aid, Relief, and Economic Security 

24 Act (15 U.S.C. 9021(a)(3)(A)) who, for the 

25 purposes of this section, may be considered by 


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1 the Governor or board to be an adult or a dis2 located worker. 

3 (2) INDIVIDUALIZED CAREER SERVICES.—Such 

4 funds may be used to provide individualized career 

5 services described in section 134(c)(2)(A)(xii) of the 

6 Workforce Investment and Opportunity Act (29 

7 U.S.C. 3174(c)(2)(A)(xii)) to any such eligible adult 

8 and dislocated worker. 

9 (3) INCUMBENT WORKER TRAINING.—In a case 

10 in which the local board for such local area provides 

11 to the Secretary an assurance that the local area will 

12 use such allocated funds (allocated for adult or dis13 located worker activities) to provide the work sup14 port activities designed to assist low-wage workers in 

15 retaining and enhancing employment in accordance 

16 with section 134(d)(1)(B) of the Workforce Innova17 tion and Opportunity Act (29 U.S.C. 

18 3174(d)(1)(B)), such local board may— 

19 (A) use not more than 40 percent of such 

20 allocated funds for a training program for in21 cumbent workers described in section 

22 134(d)(4)(A)(i) of such Act (29 U.S.C. 

23 3174(d)(4)(A)(i)) (for such low-wage workers 

24 who are incumbent workers); and 


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1 (B) consider the economic impact of the 

2 COVID–19 national emergency to the employer 

3 or participants of such program in determining 

4 an employer’s eligibility under section 

5 134(d)(4)(A)(ii) of such Act (29 U.S.C. 

6 3174(d)(4)(A)(ii))) for the Federal share of the 

7 cost of such program. 

8 (4) TRANSITIONAL JOBS.— 

9 (A) IN GENERAL.—The local board for 

10 such local area may use not more than 40 per11 cent of such allocated funds to provide transi12 tional jobs in accordance with section 134(d)(5) 

13 of the Workforce Innovation and Opportunity 

14 Act (29 U.S.C. 3174(d)(5)). 

15 (B) CLARIFICATION.—Section 194(10) of 

16 the Workforce Innovation and Opportunity Act 

17 (29 U.S.C. 3254(10)) shall not apply with re18 spect to the funds used under this paragraph. 

19 (5) ON-THE-JOB TRAINING.—The Governor for 

20 the State or the local board for such area may take 

21 into account the impact of the COVID–19 national 

22 emergency as a factor in determining whether to in23 crease the amount of a reimbursement to an amount 

24 up to 75 percent of the wage rate of a participant 

25 in accordance with 134(c)(3)(H) of the Workforce 


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1 Innovation and Opportunity Act (29 U.S.C. 

2 3174(c)(3)(H)). 

3 (6) CUSTOMIZED TRAINING.—The Governor for 

4 the State or local board for such area may take into 

5 account the impact of the COVID–19 national emer6 gency as a factor in determining the portion of the 

7 cost of training an employer shall provide in accord8 ance with section 3(14) of the Workforce Innovation 

9 and Opportunity Act (29 U.S.C. 3102(14)). 

10 (b) YOUTH.—With respect to funds appropriated 

11 under section 3114(d) and allotted or allocated under sub12 title B of title I of the Workforce Innovation and Oppor13 tunity Act (29 U.S.C. 3151 et seq.) for the activities de14 scribed in chapter 2 of subtitle B of title I of the Work15 force Innovation and Opportunity Act (29 U.S.C. 3161 et 

16 seq.) for out-of-school youth and in-school youth (as such 

17 terms are defined in section 129(a)(1) of the Workforce 

18 Innovation and Opportunity Act (29 U.S.C. 3164(a)(1))), 

19 the Governor or local board involved may determine that— 

20 (1) in the case of an individual described in sec21 tion 2102(a)(3)(A) of the Coronavirus Aid, Relief, 

22 and Economic Security Act (15 U.S.C. 

23 9021(a)(3)(A)) who meets the requirements of 

24 clauses (i) and (ii) of section 129(a)(1)(B) of the 

25 Workforce Innovation and Opportunity Act (29 


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1 U.S.C. 3164(a)(1)(B)), such individual meets the 

2 definition of an out-of-school youth in such section 

3 129(a)(1)(B); and 

4 (2) in the case of an individual described in sec5 tion 2102(a)(3)(A) of the Coronavirus Aid, Relief, 

6 and Economic Security Act who meets the require7 ments of clauses (i) through (iii) of section 

8 129(a)(1)(C) of the Workforce Innovation and Op9 portunity Act (29 U.S.C. 3164(a)(1)(C)), such indi10 vidual meets the definition of an in-school youth in 

11 such section 129(a)(1)(C). 

12 (c) GOVERNOR’S RESERVE.—With respect to funds 

13 appropriated under section 3113(d), 3114(d), or 3115(c) 

14 and allotted under subtitle B of title I of the Workforce 

15 Innovation and Opportunity Act to a State in accordance 

16 with section 127(b)(1)(C) and paragraphs (1)(B) and 

17 (2)(B) of section 132(b) of the Workforce Innovation and 

18 Opportunity Act (29 U.S.C. 3162(b)(1)(C); 3172(b)), the 

19 Governor— 

20 (1) shall make the reservations under sections 

21 128(a) and 133(a)(1) of such Act (29 U.S.C. 

22 3163(a); 3173(a)(1)) and use the reserved funds for 

23 statewide activities described in section 129(b) or 

24 paragraph (2)(B) or (3) of section 134(a) of such 


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1 Act (29 U.S.C. 3164(b); 3174(a)) related to the 

2 COVID–19 national emergency; and 

3 (2) may make a reservation (in addition to the 

4 reservations described in paragraph (1)) of not more 

5 than 10 percent for activities related to responding 

6 to the COVID–19 national emergency if such re7 served funds are used for activities benefitting the 

8 local areas within such State most impacted by the 

9 COVID–19 national emergency, which activities may 

10 include providing— 

11 (A) training for health care workers, public 

12 health workers, personal care attendants, direct 

13 service providers, home health workers, and 

14 frontline workers; 

15 (B) resources to support, or allow for and 

16 provide access to, online services, including 

17 counseling, case management, and employment 

18 retention services, and training delivery by local 

19 boards, one-stop centers, one-stop operators, or 

20 eligible training services providers; or 

21 (C) additional resources to such local areas 

22 to provide career services and supportive serv23 ices for eligible individuals. 

24 (d) STATE WORKFORCE COVID–19 RECOVERY

25 PLAN.—Not later than 60 days after a State receives 


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1 funds appropriated under section 3113(d), 3114(d), or 

2 3115(c), the Governor shall submit to the Secretary, as 

3 a supplement to the State plan submitted under section 

4 102(a) or 103(a) of the Workforce Investment and Oppor5 tunity Act (29 U.S.C. 3112(a); 3113(a)), a workforce plan 

6 that responds to the COVID–19 national emergency. 

7 SEC. 3112. NATIONAL DISLOCATED WORKER GRANTS. 

8 (a) GRANTS AUTHORIZED.—From the funds appro9 priated under subsection (e), the Secretary shall award, 

10 in accordance with section 170 of the Workforce Innova11 tion and Opportunity Act (29 U.S.C. 3225), national dis12 located worker grants to the entities that meet the require13 ments for the grants under such section to carry out the 

14 activities described in such section and in subsection (d) 

15 of this section. 

16 (b) PLAN.—The Secretary shall submit to the Com17 mittee on Education and Labor of the House of Rep18 resentatives and the Committee on Health, Education, 

19 Labor, and Pensions of the Senate, and the Committees 

20 on Appropriations of the House of Representatives and the 

21 Senate, not later than 30 days after the date of enactment 

22 of this Act, a plan for awarding of grants under this sec23 tion. 

24 (c) TIMING.—Subject to the availability of appropria25 tions to carry out this section, not later than 60 days after 


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1 the date of enactment of this Act, the Secretary shall use 

2 not less than 50 percent of the funds appropriated under 

3 subsection (e) to award grants under this section. 

4 (d) USES OF FUNDS.— 

5 (1) IN GENERAL.—Not less than half of the 

6 funds appropriated under subsection (e) shall be 

7 used to award grants under this section to carry out 

8 this subsection, by responding to the COVID–19 na9 tional emergency as described in paragraph (2). 

10 (2) RESPONSE TO COVID–19 NATIONAL EMER11 GENCY.—Such a grant to respond to the COVID–19 

12 national emergency shall be used to provide activities 

13 that include each of the following: 

14 (A) Training and temporary employment 

15 to respond to the COVID–19 national emer16 gency, ensuring any training or employment 

17 under this subparagraph provides participants 

18 with adequate and safe equipment, environ19 ments, and facilities for training and super20 vision, including positions or assignments— 

21 (i) as personal care attendants, direct 

22 service providers, or home health workers 

23 providing direct care and home health serv24 ices, including delivering medicine, food, or 

25 other supplies, for— 


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1 (I) older individuals, individuals 

2 with disabilities, and other individuals 

3 with respiratory conditions or other 

4 underlying health conditions; or 

5 (II) individuals in urban, rural, 

6 or suburban local areas with excess 

7 poverty; 

8 (ii) in health care and health care 

9 support positions responding to the 

10 COVID–19 national emergency; 

11 (iii) to support State, local, or tribal 

12 health departments; or 

13 (iv) in a sector directly responding to 

14 the COVID–19 national emergency such as 

15 childcare, food retail, public service, manu16 facturing, or transportation. 

17 (B) Activities responding to layoffs of 50 

18 or more individuals laid off by one employer, or 

19 layoffs that significantly increase unemployment 

20 in a community, as a result of the COVID–19 

21 national emergency, such as layoffs in the hos22 pitality, transportation, manufacturing, or retail 

23 industry sectors or occupations. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 


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1 $500,000,000 for fiscal year 2021, to remain available 

2 through fiscal year 2023. 

3 SEC. 3113. STATE DISLOCATED WORKER ACTIVITIES RE4 SPONDING TO THE COVID–19 EMERGENCY. 

5 (a) DISTRIBUTION OF FUNDS.— 

6 (1) STATES.—From the amounts appropriated 

7 under subsection (d), the Secretary shall make allot8 ments to States in accordance with section 132(b)(2) 

9 of the Workforce Innovation and Opportunity Act 

10 (29 U.S.C. 3172(b)(2)). 

11 (2) LOCAL AREAS.—Not later than 30 days 

12 after a State receives an allotment under paragraph 

13 (1), the State shall use the allotted funds— 

14 (A) to make the reservations required 

15 under section 133(a) of the Workforce Innova16 tion and Opportunity Act (29 U.S.C. 3173(a)), 

17 which reserved funds may be used for statewide 

18 activities described in section 134(a) of such 

19 Act (29 U.S.C. 3174(a)) related to the COVID– 

20 19 national emergency and the activities de21 scribed in subsection (c); and 

22 (B) to allocate the remaining funds to local 

23 areas in accordance with section 133(b)(2)(B) 

24 of the Workforce Innovation and Opportunity 

25 Act (29 U.S.C. 3173(b)(2)(B)), which funds 


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1 may be used for activities described in section 

2 134 (other than section 134(a)) of such Act. 

3 (b) REQUIRED USES.—Each State, in coordination 

4 with local areas to the extent described in subsection (c), 

5 shall use the funds received under this section to engage 

6 in the dislocated worker response activities described in 

7 sections 133(b)(2)(B) and 134 of the Workforce Innova8 tion and Opportunity Act (29 U.S.C. 3173(b)(2)(B); 

9 3174), and the activities described in subsection (c), to 

10 support layoff aversion and provide necessary supports to 

11 eligible adults (at risk of dislocation) and dislocated work12 ers and to employers facing layoffs, due to the impacts 

13 of the COVID–19 national emergency. 

14 (c) COVID–19 DISLOCATED WORKER EMERGENCY

15 RESPONSE.—The dislocated worker response activities de16 scribed in this subsection shall include each of the fol17 lowing activities carried out by a State, in coordination 

18 with local areas impacted by the COVID–19 national 

19 emergency (including local areas in which layoffs, suspen20 sions, or reductions of employment have occurred or have 

21 the potential to occur as a result of the COVID–19 na22 tional emergency): 

23 (1) The rapid response activities described in 

24 section 134(a)(2)(A) of the Workforce Innovation 

25 and Opportunity Act (29 U.S.C. 3174(a)(2)(A)), inVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 cluding the layoff aversion activities described in sec2 tion 682.320 of subtitle 20, Code of Federal Regula3 tions (as in effect on the date of enactment of this 

4 Act) to engage employers and adults (at risk of dis5 location). 

6 (2) Coordination of projects, for eligible adults 

7 (at risk of dislocation) and dislocated workers im8 pacted by layoffs, suspensions, or reductions in em9 ployment as a result of the COVID–19 national 

10 emergency, targeted at immediate reemployment, ca11 reer navigation services, supportive services, career 

12 services, training for in-demand industry sectors and 

13 occupations, provision of information on in-demand 

14 and declining industries and information on employ15 ers who have a demonstrated history of providing 

16 equitable benefits and compensation and safe work17 ing conditions, access to technology and online skills 

18 training including digital literacy skills training, and 

19 other layoff support or further layoff aversion strate20 gies through employment and training activities. 

21 (3) A prioritization or coordination of employ22 ment and training activities, including supportive 

23 services and career pathways, that— 

24 (A) prepare eligible adults (at risk of dis25 location) and dislocated workers to participate 


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1 in short-term employment to meet the demands 

2 for health care workers, public health workers, 

3 personal care attendants, direct service pro4 viders, home health workers, and frontline 

5 workers responding to the COVID–19 national 

6 emergency, including frontline workers in the 

7 transportation, information technology, service, 

8 manufacturing, food service, maintenance, and 

9 cleaning sectors; 

10 (B) allow such individuals to maintain eli11 gibility for career services and training services 

12 through the period in which such individuals 

13 are in short-term employment to respond to the 

14 COVID–19 national emergency, and in the pe15 riod immediately following the conclusion of the 

16 short-term employment, to support transitions 

17 into further training or employment; and 

18 (C) provide participants with adequate and 

19 safe equipment, environments, and facilities for 

20 training and supervision. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out the activities 

23 described in this section, and subsections (a), (c), and (d) 

24 of section 3111, $2,500,000,000 for fiscal year 2021, to 

25 remain available through fiscal year 2023. 


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1 SEC. 3114. YOUTH WORKFORCE INVESTMENT ACTIVITIES 

2 RESPONDING TO THE COVID–19 NATIONAL 

3 EMERGENCY. 

4 (a) DISTRIBUTION OF FUNDS.— 

5 (1) STATES.—From the amounts appropriated 

6 under subsection (d), the Secretary shall make allot7 ments to States in accordance with section 127(b) of 

8 the Workforce Innovation and Opportunity Act (29 

9 U.S.C. 3162(b)). 

10 (2) LOCAL AREAS.—Not later than 30 days 

11 after a State receives an allotment under paragraph 

12 (1), the State shall use the allotted funds— 

13 (A) to make the reservations required 

14 under 128(a) of the Workforce Innovation and 

15 Opportunity Act (29 U.S.C. 3163(a)), which re16 served funds may be used for statewide activi17 ties described in section 129(b) of the Work18 force Innovation and Opportunity Act (29 

19 U.S.C. 3164(a)) related to the COVID–19 na20 tional emergency and the activities described in 

21 subsection (b); and 

22 (B) to allocate the remaining funds to local 

23 areas in accordance with section 128(b) of the 

24 Workforce Innovation and Opportunity Act (29 

25 U.S.C. 3163(b)), which funds may be used for 

26 the activities described in subsection (b). 


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1 (b) USES OF FUNDS.— 

2 (1) IN GENERAL.—In using the funds received 

3 under this section, each State and local area shall 

4 prioritize providing services described in paragraph 

5 (2)(A) for youth impacted by diminished labor mar6 ket opportunities for summer jobs or year-round em7 ployment due to the economic impacts of the 

8 COVID–19 national emergency. 

9 (2) YOUTH WORKFORCE INVESTMENT ACTIVI10 TIES.— 

11 (A) EMPLOYMENT OPPORTUNITIES FOR

12 AT-RISK YOUTH.—Each State and local area re13 ceiving funds under this section shall use not 

14 less than 50 percent of such funds to support 

15 summer and year-round youth employment op16 portunities for in-school and out-of-school 

17 youth— 

18 (i) with a priority for out-of-school 

19 youth and youth with multiple barriers to 

20 employment; and 

21 (ii) which shall include support for 

22 employer partnerships for youth employ23 ment and subsidized youth employment, 

24 and partnerships with community-based 


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1 organizations to support such employment 

2 opportunities. 

3 (B) OTHER ACTIVITIES.—Any amount of 

4 the funds so received that is not used to carry 

5 out the activities described in subparagraph (A) 

6 shall be used by States and local areas for car7 rying out the activities described in subsections 

8 (b) and (c), respectively, of section 129 of the 

9 Workforce Innovation and Opportunity Act (29 

10 U.S.C. 3164), and for the purposes of— 

11 (i) supporting in-school and out-of12 school youth to connect to education and 

13 career pathways; 

14 (ii) establishing or expanding partner15 ships with community-based organizations 

16 to develop or expand work experience op17 portunities through which youth can de18 velop skills and competencies to secure and 

19 maintain employment, including opportuni20 ties with supports for activities like peer 

21 mentoring; 

22 (iii) providing subsidized employment, 

23 internships, work-based learning, and 

24 youth apprenticeship opportunities; 


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1 (iv) providing work readiness training 

2 activities and educational programs aligned 

3 to career pathways that support credential 

4 attainment and the development of employ5 ability skills; 

6 (v) engaging or establishing industry 

7 or sector partnerships to determine job 

8 needs and available opportunities for youth 

9 employment; 

10 (vi) conducting outreach to youth and 

11 employers; 

12 (vii) providing coaching, navigation, 

13 and mentoring services for participating 

14 youth, including career exploration, career 

15 counseling, career planning, and college 

16 planning services for participating youth; 

17 (viii) providing coaching, navigation, 

18 and mentoring services for employers on 

19 how to successfully employ participating 

20 youth in meaningful work; 

21 (ix) providing services to youth, to en22 able participation in a program of youth 

23 activities, which services may include sup24 portive services, access to technological de25 vices and access to other supports needed 


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1 to access online services, and followup 

2 services for not less than 12 months after 

3 the completion of participation, as appro4 priate; and 

5 (x) coordinating activities under this 

6 section with State and local educational 

7 agencies to adjust for revised academic cal8 endars in response to the COVID–19 na9 tional emergency. 

10 (c) GENERAL PROVISIONS.—A State or local area 

11 using funds under this section for youth summer or year12 round employment shall require that not less than 25 per13 cent of the wages of each eligible youth participating in 

14 such employment be paid by the employer, except that 

15 such requirement may waived for an employer facing fi16 nancial hardship due to the COVID–19 national emer17 gency. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out the activities 

20 described in this section, and subsections (b), (c), and (d) 

21 of section 3111, $2,500,000,000 for fiscal year 2021, to 

22 remain available through fiscal year 2023. 


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1 SEC. 3115. ADULT EMPLOYMENT AND TRAINING ACTIVITIES 

2 RESPONDING TO THE COVID–19 NATIONAL 

3 EMERGENCY. 

4 (a) DISTRIBUTION OF FUNDS.— 

5 (1) STATES.—From the amounts appropriated 

6 under subsection (c), the Secretary shall make allot7 ments to States in accordance with section 132(b)(1) 

8 of the Workforce Innovation and Opportunity Act 

9 (29 U.S.C. 3172(b)(1)). 

10 (2) LOCAL AREAS.—Not later than 30 days 

11 after a State receives an allotment under paragraph 

12 (1), the State shall use the allotted funds— 

13 (A) to make the reservations required 

14 under section 133(a) of the Workforce Innova15 tion and Opportunity Act (29 U.S.C. 3173(a)), 

16 which reserved funds may be used for statewide 

17 activities described in section 134(a) of such 

18 Act (29 U.S.C. 3174(a)) related to the COVID– 

19 19 national emergency; and 

20 (B) to allocate the remaining funds to local 

21 areas in accordance with paragraph (2)(A) or 

22 (3) of section 133(b) of the Workforce Innova23 tion and Opportunity Act (29 U.S.C. 3173(b)). 

24 (b) USES OF FUNDS.— 

25 (1) IN GENERAL.—Each State and local area 

26 receiving funds under this section shall use the 


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1 funds to engage in the adult employment and train2 ing activities described in section 134 of the Work3 force Innovation and Opportunity Act (29 U.S.C. 

4 3174) to provide necessary supports and services to 

5 eligible adults who are adversely impacted by the 

6 COVID–19 national emergency, including to individ7 uals who are underemployed or most at risk of un8 employment, and shall coordinate the adult employ9 ment and training services with employers facing 

10 economic hardship or employment challenges due to 

11 economic impacts of the COVID–19 national emer12 gency. 

13 (2) COVID–19 ADULT EMPLOYMENT AND

14 TRAINING ACTIVITIES.— 

15 (A) SERVICES TO SUPPORT EMPLOYERS

16 IMPACTED BY THE COVID–19 NATIONAL EMER17 GENCY.—Of the funds allocated to a local area 

18 under subsection (a)(2)(B), not less than one19 third shall be used for providing services to eli20 gible adults to support employers impacted by 

21 the COVID–19 national emergency, including 

22 incumbent worker training, on-the-job training, 

23 and customized training activities, and activities 

24 supporting employee retention for employers, 

25 prioritizing those employers facing economic 


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1 hardship or employment challenges as a result 

2 of the COVID–19 national emergency. 

3 (B) UNDEREMPLOYMENT AND EMPLOY4 MENT SUPPORTS.—Of the funds allocated to a 

5 local area and not used for activities under sub6 paragraph (A), such funds shall be used to pro7 vide the services and supports described in sec8 tion 134 of the Workforce Innovation and Op9 portunity Act (29 U.S.C. 3174) for eligible 

10 adults who are workers facing underemploy11 ment, individuals seeking work, or dislocated 

12 workers, prioritizing individuals with barriers to 

13 employment or eligible adults who are adversely 

14 impacted by economic changes within their 

15 communities due to the COVID–19 national 

16 emergency, including providing— 

17 (i) work-based learning opportunities 

18 including paid internships, paid work expe19 rience opportunities, transitional jobs, or 

20 opportunities in apprenticeship programs; 

21 (ii) career navigation supports to en22 courage and enable workers to find new ca23 reer pathways to in-demand industry sec24 tors and occupations and the necessary 

25 training to support those career pathways, 


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1 or workplace learning advisors to support 

2 incumbent workers; 

3 (iii) training for in-demand industry 

4 sectors and occupations, including for dig5 ital literacy needed for such industry sec6 tors and occupations; 

7 (iv) virtual services and virtual em8 ployment and training activities, including 

9 providing appropriate accommodations to 

10 individuals with disabilities in accordance 

11 with the Americans with Disabilities Act of 

12 1990 (42 U.S.C. 12101 et seq.); and 

13 (v) supportive services and individual14 ized career services. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section and 

17 subsections (a), (c), and (d) of section 3111, 

18 $2,500,000,000 for fiscal year 2021, to remain available 

19 through fiscal year 2023. 

20 CHAPTER 2—EMPLOYMENT SERVICE 

21 COVID–19 NATIONAL EMERGENCY RE22 SPONSE FUND 

23 SEC. 3121. EMPLOYMENT SERVICE. 

24 (a) IN GENERAL.—From the funds appropriated 

25 under subsection (c), the Secretary shall— 


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1 (1) reserve not less than $100,000,000 for 

2 workforce information systems improvements, in3 cluding for related electronic tools and system build4 ing, and for the activities described in subsection 

5 (b)(1); and 

6 (2) use the remaining funds to make allotments 

7 in accordance with section 6 of the Wagner-Peyser 

8 Act (29 U.S.C. 49e) to States, which for purposes 

9 of this section shall include the Commonwealth of 

10 the Northern Mariana Islands and American Samoa, 

11 for— 

12 (A) the activities described in subsection 

13 (b)(2) of this section; and 

14 (B) the activities described in section 15 of 

15 the Wagner-Peyser Act (29 U.S.C. 49l–2). 

16 (b) USES OF FUNDS.— 

17 (1) RESERVATION USES OF FUNDS.—The Sec18 retary shall use the funds reserved under subsection 

19 (a)(1) for— 

20 (A) workforce information grants to States 

21 for the development of labor market insights 

22 and evidence on the State and local impacts of 

23 the COVID–19 national emergency and on 

24 promising reemployment strategies, and to imVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 prove access to tools and equipment for virtual 

2 products and service delivery; 

3 (B) the Workforce Information Technology 

4 Support Center, to facilitate voluntary State 

5 participation in multi-State data collaboratives 

6 that develop real-time State and local labor 

7 market insights on the impacts of the COVID– 

8 19 national emergency and evidence to promote 

9 more rapid reemployment and economic mobil10 ity, using cross-State and cross-agency adminis11 trative data; and 

12 (C) improvements in short- and long-term 

13 State and local occupational and employment 

14 projections to facilitate reemployment, economic 

15 mobility, and economic development strategies. 

16 (2) STATE USES OF FUNDS.—A State shall use 

17 an allotment received under subsection (a)(2) to— 

18 (A) provide additional resources for sup19 porting employment service personnel employed 

20 on a merit system in providing reemployment 

21 services for unemployed and underemployed 

22 workers impacted by the COVID–19 national 

23 emergency; 

24 (B) provide assistance for individuals im25 pacted by the COVID–19 national emergency, 


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1 including individuals receiving unemployment 

2 benefits or seeking employment as a result of 

3 the emergency (which provision of assistance 

4 shall include providing for services such as re5 employment services, job search assistance, and 

6 job matching services based on the experience 

7 of individuals, and providing individualized ca8 reer services for all such individuals); and 

9 (C) provide services for employers im10 pacted by the COVID–19 national emergency, 

11 which shall include services for employers deal12 ing with labor force changes as a result of such 

13 emergency. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out the activities 

16 described in this section $1,700,000,000 for fiscal year 

17 2021, to remain available through fiscal year 2023. 

18 CHAPTER 3—JOB CORPS RESPONSE TO 

19 THE COVID–19 NATIONAL EMERGENCY 

20 SEC. 3131. JOB CORPS RESPONSE TO THE COVID–19 NA21 TIONAL EMERGENCY. 

22 (a) FUNDING FOR JOB CORPS DURING THE COVID– 

23 19 NATIONAL EMERGENCY.—From the funds appro24 priated under subsection (c), the Secretary— 


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1 (1) shall provide funds to each entity with 

2 which the Secretary has entered into an agreement 

3 under section 147(a)(1) of the Workforce Innovation 

4 and Opportunity Act (29 U.S.C. 3197(a)(1)) to— 

5 (A) during the COVID–19 national emer6 gency— 

7 (i) carry out the activities described in 

8 section 148(a) of the Workforce Innovation 

9 and Opportunity Act (29 U.S.C. 3198(a)); 

10 and 

11 (ii) provide the child care described in 

12 section 148(e) of such Act (29 U.S.C. 

13 3198(e)); and 

14 (B) retain existing capacity (existing as of 

15 June 1, 2019) of each Job Corps center, includ16 ing retaining the existing residential capacity, 

17 during and after the COVID–19 national emer18 gency, and increase staffing and student capac19 ity and resources related to section 145 of the 

20 Workforce Innovation and Opportunity Act (29 

21 U.S.C. 3195) to provide for full on-board 

22 strength after such emergency; and 

23 (C) during the 12-month period after the 

24 COVID–19 national emergency, carry out the 

25 graduate services described in section 148(d) of 


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1 such Act (29 U.S.C. 3198(d)) for any indi2 vidual who has graduated from Job Corps dur3 ing the 3-month period after such emergency; 

4 and 

5 (2) may— 

6 (A) provide up to 15 percent of the funds 

7 provided to the entity to meet the operational 

8 needs of the Job Corps center (which may in9 clude the cleaning, sanitation, and necessary 

10 improvements of the center related to COVID– 

11 19); 

12 (B) support— 

13 (i) activities providing the relationship 

14 to opportunities, and links to employment 

15 opportunities described in paragraphs (2) 

16 and (3) of section 148(a) of the Workforce 

17 Innovation and Opportunity Act (29 

18 U.S.C. 3198(a)); 

19 (ii) to the greatest extent practicable, 

20 the career and technical education and 

21 training described in section 148(b) of 

22 such Act (29 U.S.C. 3198(b)) through vir23 tual or remote means for any period while 

24 Job Corps enrollees are away from their 

25 centers during the COVID–19 national 


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1 emergency, including by providing nec2 essary technology resources to enrollees 

3 during that period; and 

4 (iii) other activities described in sec5 tion 148 of the Workforce Innovation and 

6 Opportunity Act (29 U.S.C. 3198); 

7 (C) provide for costs related to infrastruc8 ture projects, including technology moderniza9 tion needed to provide for virtual and remote 

10 learning; and 

11 (D) provide for payment of Job Corps sti12 pends, including emergency Job Corps stipends, 

13 and facilitate such payments through means 

14 such as debit cards with no usage fees, and pro15 vide for corresponding financial literacy. 

16 (b) FLEXIBILITY.— 

17 (1) IN GENERAL.—In order to provide for the 

18 successful continuity of services and enrollment peri19 ods during the COVID–19 national emergency, addi20 tional flexibility shall be provided for Job Corps en21 rollees, operators, and providers of activities, includ22 ing flexibility described in paragraphs (2) through 

23 (6). 

24 (2) ELIGIBILITY.—Notwithstanding the age re25 quirements for enrollment under section 144(a)(1) 


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1 of the Workforce Innovation and Opportunity Act 

2 (29 U.S.C. 3194(a)(1)), an individual seeking to en3 roll in the Job Corps and who will turn 25 during 

4 the COVID–19 national emergency is eligible for 

5 such enrollment. 

6 (3) ENROLLMENT LENGTH.—Notwithstanding 

7 section 146(b) of the Workforce Innovation and Op8 portunity Act (29 U.S.C. 3196(b)), an individual en9 rolled in the Job Corps during the COVID–19 na10 tional emergency may extend the individual’s period 

11 of enrollment for more than 2 years, as long as such 

12 extension does not exceed a 2-year, continuous pe13 riod of enrollment after the COVID–19 national 

14 emergency. 

15 (4) ADVANCED CAREER TRAINING PROGRAMS.— 

16 With respect to advanced career training programs 

17 under section 148(c) of the Workforce Innovation 

18 and Opportunity Act (29 U.S.C. 3198(c)), in which 

19 the enrollees may continue to participate for a pe20 riod not to exceed 1 year in addition to the period 

21 of participation to which the enrollees would other22 wise be limited, the COVID–19 national emergency 

23 shall not be considered as any portion of such addi24 tional 1-year participation period. 


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1 (5) COUNSELING, JOB PLACEMENT, AND AS2 SESSMENT.—The counseling, job placement services, 

3 and assessment described in section 149 of the 

4 Workforce Innovation and Opportunity Act (29 

5 U.S.C. 3199) shall be available to former enrollees— 

6 (A) whose enrollment was interrupted due 

7 to the COVID–19 national emergency; or 

8 (B) who graduated from Job Corps not 

9 earlier than January 1, 2020, but not later 

10 than 3 months after the COVID–19 national 

11 emergency. 

12 (6) SUPPORT.— 

13 (A) IN GENERAL.—The Secretary shall 

14 provide additional support for the transition pe15 riods described in section 150(c) of the Work16 force Innovation and Opportunity Act (29 

17 U.S.C. 3200(c)), including support described in 

18 subparagraphs (B) and (C). 

19 (B) TRANSITION ALLOWANCES.—The Sec20 retary shall provide for additional transition al21 lowances as described in subsection (b) of such 

22 section for Job Corps graduates who have grad23 uated in 2020 and shall provide those allow24 ances during the period that begins on the first 

25 day of the COVID–19 national emergency and 


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1 ends 3 months after the conclusion of the emer2 gency. 

3 (C) TRANSITION SUPPORT.—The Secretary 

4 shall consider the period described in subpara5 graph (B) as the period in which the employ6 ment services described in subsection (c) of 

7 such section shall be provided to graduates who 

8 have graduated in 2020. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this chapter 

11 $500,000,000 for fiscal year 2021, to remain available 

12 through fiscal year 2023. 

13 CHAPTER 4—NATIONAL PROGRAMS 

14 SEC. 3141. NATIVE AMERICAN PROGRAMS RESPONDING TO 

15 THE COVID–19 NATIONAL EMERGENCY. 

16 (a) COMPETITIVE GRANT AWARDS.—As a result of 

17 challenges faced due to the COVID–19 national emer18 gency, the Secretary may extend, by 1 fiscal year, the 4- 

19 year period for grants, contracts, and cooperative agree20 ments that will be awarded in fiscal year 2021 under sub21 section (c) of section 166 of the Workforce Innovation and 

22 Opportunity Act (29 U.S.C. 3221). Funds under such 

23 grants, contracts, and cooperative agreements shall be 

24 used to carry out the activities described in subsection (d) 

25 of such section 166 through fiscal year 2025. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section and 

3 activities as described in section 166 of the Workforce In4 novation and Opportunity Act (29 U.S.C. 3221) 

5 $150,000,000 for fiscal year 2021, to remain available 

6 through fiscal year 2025. 

7 SEC. 3142. MIGRANT AND SEASONAL FARMWORKER PRO8 GRAM RESPONSE. 

9 (a) COMPETITIVE GRANT AWARDS.—As a result of 

10 challenges faced due to the COVID–19 national emer11 gency, the Secretary may extend, by 1 fiscal year, the 4- 

12 year period for grants and contracts that will be awarded 

13 in fiscal year 2021 under subsection (a) of section 167 

14 of the Workforce Innovation and Opportunity Act (29 

15 U.S.C. 3222). Funds under such grants and contracts 

16 shall be used to carry out the activities described in sub17 section (d) of such section 167 through fiscal year 2025. 

18 (b) ELIGIBLE MIGRANT AND SEASONAL FARM19 WORKER.—Notwithstanding the low-income requirement 

20 in the definition of ‘‘eligible seasonal farmworker’’ in sec21 tion 167(i)(3) of the Workforce Innovation and Oppor22 tunity Act (29 U.S.C. 3222(i)(3)), an individual seeking 

23 to enroll in a program funded under section 167 of the 

24 Workforce Innovation and Opportunity Act (29 U.S.C. 

25 3222) during the COVID–19 national emergency is eligiVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 ble for such enrollment if such individual is a member of 

2 a family with a total family income equal to or less than 

3 150 percent of the poverty line. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section and 

6 activities as described in section 167 of the Workforce In7 novation and Opportunity Act (29 U.S.C. 3222) 

8 $150,000,000 for fiscal year 2021, to remain available 

9 through fiscal year 2023. 

10 SEC. 3143. YOUTHBUILD ACTIVITIES RESPONDING TO THE 

11 COVID–19 NATIONAL EMERGENCY. 

12 (a) IN GENERAL.—In order to provide for the suc13 cessful continuity of services and enrollment periods dur14 ing the COVID–19 national emergency, the Secretary 

15 shall— 

16 (1) make available, from 20 percent of the 

17 funds appropriated under subsection (c), assistance 

18 to entities carrying out YouthBuild programs oper19 ating during the COVID–19 national emergency 

20 and, for the assistance made available to such an en21 tity— 

22 (A) the assistance may be used for car23 rying out the activities under section 171(c)(2) 

24 of the Workforce Innovation and Opportunity 

25 Act (29 U.S.C. 3226(c)(2)); and 


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1 (B) notwithstanding section 171(c)(2)(D) 

2 of the Workforce Innovation and Opportunity 

3 Act (29 U.S.C. 3226(c)(2)(D)), a portion equal 

4 to not more than 20 percent of the assistance 

5 may be used for the administrative costs of car6 rying out activities under section 171(c)(2) of 

7 such Act, but all of such portion shall be used 

8 for such administrative costs related to re9 sponding to the COVID–19 national emergency; 

10 (2) after using funds in accordance with para11 graph (1), use 80 percent of the funds appropriated 

12 under subsection (c) to— 

13 (A) reserve and use funds in accordance 

14 with section 171(g)(2)(B) of such Act (29 

15 U.S.C. 3226(g)(2)(B)); and 

16 (B) award grants in accordance with sec17 tion 171(c) of such Act (29 U.S.C. 3226(c)), 

18 which may be awarded as supplemental awards, 

19 to eligible entities that received grants under 

20 such section 171(c) for program year 2019 or 

21 2020; and 

22 (3) provide for the flexibility described in sub23 section (b) for YouthBuild participants and entities 

24 carrying out YouthBuild programs. 

25 (b) FLEXIBILITY.— 


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1 (1) IN GENERAL.—During the COVID–19 na2 tional emergency, the Secretary shall provide for 

3 flexibility for YouthBuild participants and entities 

4 carrying out YouthBuild programs, including flexi5 bility described in paragraphs (2) and (3). 

6 (2) ELIGIBILITY.—Notwithstanding the age re7 quirements for enrollment under section 

8 171(e)(1)(A)(i) of the Workforce Innovation and Op9 portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi10 vidual seeking to participate in a YouthBuild pro11 gram and who will turn 25 during the COVID–19 

12 national emergency is eligible for such participation. 

13 (3) PARTICIPATION LENGTH.—Notwithstanding 

14 section 171(e)(2) of the Workforce Innovation and 

15 Opportunity Act (29 U.S.C. 3226(e)(2)), the period 

16 of participation in a YouthBuild program may ex17 tend for more than 24 months for an individual par18 ticipating in such program during the COVID–19 

19 national emergency, as long as such extension does 

20 not exceed a 24-month, continuous period of enroll21 ment after the COVID–19 national emergency. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $250,000,000 for fiscal year 2021, to remain available 

25 through fiscal year 2023. 


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1 SEC. 3144. REENTRY EMPLOYMENT OPPORTUNITIES RE2 SPONDING TO THE COVID–19 NATIONAL 

3 EMERGENCY. 

4 (a) IN GENERAL.—The Secretary shall— 

5 (1) not later than 30 days after the date of en6 actment of this Act, announce an opportunity to re7 ceive funds in accordance with section 169(b) of the 

8 Workforce Innovation and Opportunity Act (29 

9 U.S.C. 3224(b)) for the activities described in sub10 section (b) of this section; and 

11 (2) from the funds appropriated under sub12 section (c), not later than 45 days after the date on 

13 which an entity submits an application that meets 

14 the requirements of the Secretary under this section, 

15 award funds under this section to such entity. 

16 (b) USE OF FUNDS.— 

17 (1) IN GENERAL.—Funds under this section 

18 shall be used to support reentry employment oppor19 tunities for justice system-involved youth or young 

20 adults, formerly incarcerated adults, and former of21 fenders, during and following the COVID–19 na22 tional emergency, with priority given to providing for 

23 subsidized employment and transitional jobs, and 

24 creating stronger alignment between the opportuni25 ties and the workforce development system and par26 ticipant supports under subtitle B of title I of the 


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1 Workforce Innovation and Opportunity Act (29 

2 U.S.C. 3151 et seq.). 

3 (2) GRANTS FOR INTERMEDIARIES.— 

4 (A) RESERVATION.—Of the amount appro5 priated under subsection (c), the Secretary shall 

6 reserve $87,500,000 for grants under this para7 graph. 

8 (B) GRANTS.—The Secretary shall make 

9 grants, on a competitive basis, to national and 

10 regional intermediaries for reentry employment 

11 opportunities described in paragraph (1) that 

12 prepare young, formerly incarcerated individ13 uals described in paragraph (1), including such 

14 individuals who have dropped out of school or 

15 other educational programs. In making the 

16 grants, the Secretary shall give priority to inter17 mediaries proposing projects serving high-crime, 

18 high-poverty areas. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $350,000,000 for fiscal year 2021, to remain available 

22 through fiscal year 2023. 


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1 SEC. 3145. REGISTERED APPRENTICESHIP OPPORTUNITIES 

2 RESPONDING TO THE COVID–19 NATIONAL 

3 EMERGENCY. 

4 (a) IN GENERAL.—From the funds appropriated 

5 under subsection (c), the Secretary shall award grants, 

6 contracts, or cooperative agreements to eligible entities on 

7 a competitive basis to create or expand apprenticeship pro8 grams, which shall include pre-apprenticeship programs 

9 and youth apprenticeship programs. 

10 (b) USE OF FUNDS.—In making awards under sub11 section (a), the Secretary shall ensure that— 

12 (1) not less than 50 percent of the funds appro13 priated under subsection (c) shall be awarded to 

14 States in accordance with the award information de15 scribed in the Department of Labor Employment 

16 and Training Administration Training and Employ17 ment Guidance Letter No. 17–18 issued on May 3, 

18 2019; 

19 (2) the remaining funds appropriated under 

20 subsection (c) after funds are awarded under para21 graph (1) shall be used for supporting national in22 dustry and equity intermediaries, and local inter23 mediaries; and 

24 (3) funds awarded under this section shall be 

25 used for creating or expanding opportunities in ap26 prenticeship programs, including opportunities in 


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1 pre-apprenticeship programs and youth apprentice2 ship programs, and activities including— 

3 (A) providing supportive services; 

4 (B) using recruitment and retention strate5 gies for program participants with a priority for 

6 recruiting and retaining, for programs, a high 

7 number or high percentage of individuals with 

8 barriers to employment and individuals from 

9 populations traditionally underrepresented in 

10 apprenticeship programs; 

11 (C) expanding apprenticeship opportunities 

12 in high-skill, high-wage, or in-demand industry 

13 sectors and occupations; 

14 (D) paying for costs associated with re15 lated instruction, or wages while participating 

16 in related instruction; 

17 (E) improving educational alignment; and 

18 (F) encouraging employer participation. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $500,000,000 for fiscal year 2021, to remain available 

22 through fiscal year 2023. 


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1 CHAPTER 5—ADULT EDUCATION AND LIT2 ERACY COVID–19 NATIONAL EMER3 GENCY RESPONSE 

4 SEC. 3151. DEFINITIONS. 

5 In this chapter, the terms ‘‘adult education’’, ‘‘adult 

6 education and literacy activities’’, ‘‘eligible agency’’, ‘‘eligi7 ble provider’’, and ‘‘integrated education and training’’ 

8 have the meanings given the terms in section 203 of the 

9 Workforce Innovation and Opportunity Act (29 U.S.C. 

10 3272). 

11 SEC. 3152. ADULT EDUCATION AND LITERACY RESPONSE 

12 ACTIVITIES. 

13 During the COVID–19 national emergency, an eligi14 ble agency may use funds available to such agency under 

15 paragraphs (2) and (3) of section 222(a) of the Workforce 

16 Innovation and Opportunity Act (20 U.S.C. 3302(a)), for 

17 the administrative expenses of the eligible agency related 

18 to transitions to online service delivery of adult education 

19 and literacy activities. 

20 SEC. 3153. DISTRIBUTION OF FUNDS. 

21 (a) RESERVATION OF FUNDS; GRANTS TO ELIGIBLE

22 AGENCIES.—From the amounts appropriated under sub23 section (c), the Secretary shall— 


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1 (1) reserve and use funds in accordance with 

2 section 211(a) of the Workforce Innovation and Op3 portunity Act (29 U.S.C. 3291); and 

4 (2) award grants to eligible agencies in accord5 ance with section 211(b) of the Workforce Innova6 tion and Opportunity Act (29 U.S.C. 3291), ensur7 ing that not less than 10 percent of the total funds 

8 awarded through those grants shall be used to pro9 vide adult education and literacy activities in correc10 tional facilities. 

11 (b) USES OF FUNDS.—Each eligible agency or eligi12 ble provider shall use the funds received through sub13 section (a)(2) to expand the capacity of adult education 

14 providers to prioritize serving adults with low literacy or 

15 numeracy levels negatively impacted by the economic con16 sequences of the COVID–19 national emergency, which 

17 may include— 

18 (1) expanding the infrastructure needed for the 

19 provision of services and educational resources on20 line or through digital means, including the provi21 sion of technology or internet access to students and 

22 instructional staff to enable virtual or distance learn23 ing; 

24 (2) creating or expanding digital literacy cur25 ricula and resources, including professional developVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 ment activities to aid instructional and program 

2 staff in providing online or digital training to stu3 dents; and 

4 (3) equipping adult education providers to part5 ner more closely with partners in workforce develop6 ment systems on implementation strategies such as 

7 provision of integrated education and training to 

8 prepare adult learners on an accelerated timeline for 

9 high-skill, high-wage, or in-demand industry sectors 

10 and occupations. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $1,000,000,000 for fiscal year 2021, to remain available 

14 through fiscal year 2023. 

15 CHAPTER 6—COMMUNITY COLLEGE AND 

16 INDUSTRY PARTNERSHIP GRANTS 

17 SEC. 3161. COMMUNITY COLLEGE AND INDUSTRY PART18 NERSHIP GRANTS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means an eligible institution or a consortium of 

22 such eligible institutions, which may include a 

23 multistate consortium of such eligible institutions. 

24 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi25 ble institution’’ means a public institution of higher 


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1 education (as defined in section 101(a) of the High2 er Education Act of 1965 (20 U.S.C. 1001(a))) at 

3 which the highest degree that is predominantly 

4 awarded to students is an associate degree, including 

5 a 2-year Tribal College or University (as defined in 

6 section 316 of the Higher Education Act (20 U.S.C. 

7 1059c)). 

8 (3) PERKINS CTE DEFINITIONS.—The terms 

9 ‘‘career and technical education’’, ‘‘dual or concur10 rent enrollment program’’, and ‘‘work-based learn11 ing’’ have the meanings given the terms in section 

12 3 of the Carl D. Perkins Career and Technical Edu13 cation Act of 2006 (20 U.S.C. 2302). 

14 (b) GRANT AUTHORITY.— 

15 (1) IN GENERAL.—From the funds appro16 priated under subsection (h) and not reserved under 

17 subsection (f), the Secretary, in collaboration with 

18 the Secretary of Education (acting through the Of19 fice of Career, Technical, and Adult Education) shall 

20 award, on a competitive basis, grants, contracts, or 

21 cooperative agreements, in accordance with section 

22 169(b)(5) of the Workforce Innovation and Oppor23 tunity Act (29 U.S.C. 3224(b)(5)), to eligible enti24 ties to assist such eligible entities in— 


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1 (A) establishing and scaling career training 

2 programs, including career and technical edu3 cation programs, and industry and sector part4 nerships to inform such programs; and 

5 (B) providing necessary student supports. 

6 (2) AWARD AMOUNTS.—The total amount of 

7 funds awarded under this section to an eligible enti8 ty shall not exceed— 

9 (A) in the case of an eligible entity that is 

10 an eligible institution, $2,500,000; and 

11 (B) in the case of an eligible entity that is 

12 a consortium, $15,000,000. 

13 (3) AWARD PERIOD.—A grant, contract, or co14 operative agreement awarded under this section shall 

15 be for a period of not more than 4 years, except that 

16 the Secretary may extend such a grant, contract, or 

17 agreement for an additional 2-year period. 

18 (4) EQUITABLE DISTRIBUTION.—In awarding 

19 grants under this section, the Secretary shall ensure, 

20 to the extent practicable, the equitable distribution 

21 of grants, based on— 

22 (A) geography (such as urban and rural 

23 distribution); and 

24 (B) States and local areas significantly im25 pacted by the COVID–19 national emergency. 


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1 (c) PRIORITY.—In awarding funds under this section, 

2 the Secretary shall give priority to eligible entities that 

3 will use such funds to serve individuals impacted by the 

4 COVID–19 national emergency, as demonstrated by pro5 viding an assurance in the application submitted under 

6 subsection (d) that the eligible entity will use such funds 

7 to— 

8 (1) serve such individuals with barriers to em9 ployment, veterans, spouses of members of the 

10 Armed Forces, Native Americans, Alaska Natives, 

11 Native Hawaiians, or incumbent workers who are 

12 low-skilled and who need to increase their employ13 ability skills; 

14 (2) serve such individuals from each major ra15 cial and ethnic group or gender with lower than av16 erage educational attainment in the State or employ17 ment in the in-demand industry sector or occupation 

18 that such award will support; or 

19 (3) serve areas with high unemployment rates 

20 or high levels of poverty, including rural areas. 

21 (d) APPLICATION.—An eligible entity seeking an 

22 award of funds under this section shall submit to the Sec23 retary an application containing a grant proposal at such 

24 time and in such manner, and containing such informaVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 tion, as required by the Secretary, including a detailed de2 scription of the following: 

3 (1) Each entity (and the roles and responsibil4 ities of each entity) with which the eligible entity will 

5 partner to carry out activities under this section, in6 cluding each of the following: 

7 (A) An industry or sector partnership rep8 resenting a high-skill, high-wage, or in-demand 

9 industry sector or occupation. 

10 (B) A State higher education agency or a 

11 State workforce agency. 

12 (C) To the extent practicable— 

13 (i) State or local workforce develop14 ment systems; 

15 (ii) economic development and other 

16 relevant State or local agencies; 

17 (iii) one or more community-based or18 ganizations; 

19 (iv) one or more institutions of higher 

20 education that primarily award 4-year de21 grees with which the eligible institution has 

22 developed or will develop articulation 

23 agreements for programs created or ex24 panded using funds under this section; 


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1 (v) one or more providers of adult 

2 education; and 

3 (vi) one or more labor organizations 

4 or joint labor-management partnerships. 

5 (2) The programs that will be supported with 

6 such award, including a description of— 

7 (A) each program that will be developed or 

8 expanded, and how the program will be respon9 sive to the high-skill, high-wage, or in-demand 

10 industry sectors or occupations in the geo11 graphic region served by the eligible entity 

12 under this section, including— 

13 (i) how the eligible entity will collabo14 rate with employers to ensure each such 

15 program will provide the skills and com16 petencies necessary to meet future employ17 ment demand; and 

18 (ii) the quantitative data and evidence 

19 that demonstrates the extent to which each 

20 such program will meet the needs of em21 ployers in the geographic area served by 

22 the eligible entity under this section; 

23 (B) the recognized postsecondary creden24 tials to be awarded under each program de25 scribed in subparagraph (A); 


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1 (C) how each such program will facilitate 

2 cooperation between representatives of workers 

3 and employers in the local areas to ensure a 

4 fair and engaging workplace that balances the 

5 priorities and well-being of workers with the 

6 needs of businesses; 

7 (D) the extent to which each such program 

8 aligns with a statewide or regional workforce 

9 development strategy, including such strategies 

10 established under section 102(b)(1) of the 

11 Workforce Innovation and Opportunity Act (29 

12 U.S.C. 3112(b)(1)); and 

13 (E) how the eligible entity will ensure the 

14 quality of each such program, the career path15 ways within such programs, and the jobs in the 

16 industry sectors or occupations to which the 

17 program is aligned. 

18 (3) The extent to which the eligible entity can 

19 leverage additional resources, and demonstration of 

20 the future sustainability of each such program. 

21 (4) How each such program and activities car22 ried out under the grant will include evidence-based 

23 practices, including a description of such practices. 

24 (5) The student populations that will be served 

25 by the eligible entity, including— 


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1 (A) an analysis of any barriers to employ2 ment or barriers to postsecondary education 

3 that such populations face, and an analysis of 

4 how the services to be provided by the eligible 

5 entity under this section will address such bar6 riers; and 

7 (B) how the eligible entity will support 

8 such populations to establish a work history, 

9 demonstrate success in the workplace, and de10 velop the skills and competencies that lead to 

11 entry into and retention in unsubsidized em12 ployment. 

13 (6) Assurances the eligible entity will partici14 pate in and comply with third-party evaluations de15 scribed in subsection (f)(3). 

16 (e) USE OF FUNDS.— 

17 (1) IN GENERAL.—An eligible entity shall use a 

18 grant awarded under this section to establish and 

19 scale career training programs, including career and 

20 technical education programs, and career pathways 

21 and supports for students participating in such pro22 grams. 

23 (2) STUDENT SUPPORT AND EMERGENCY SERV24 ICES.—Not less than 15 percent of the grant award25 ed to an eligible entity under this section shall be 


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1 used to carry out student support services which 

2 may include the following: 

3 (A) Supportive services, including child 

4 care, transportation, mental health services, 

5 substance use disorder prevention and treat6 ment, assistance in obtaining health insurance 

7 coverage, housing, and assistance in accessing 

8 the supplemental nutrition assistance program 

9 established under the Food and Nutrition Act 

10 of 2008 (7 U.S.C. 2011 et seq.), the special 

11 supplemental nutrition program for women, in12 fants, and children established by section 17 of 

13 the Child Nutrition Act of 1966 (42 U.S.C. 

14 1786), and other benefits, as appropriate. 

15 (B) Connecting students to State or Fed16 eral means-tested benefits programs, including 

17 the means-tested Federal benefits programs de18 scribed in subparagraphs (A) through (F) of 

19 section 479(d)(2) of the Higher Education Act 

20 of 1965 (20 U.S.C. 1087ss(d)(2)). 

21 (C) The provision of direct financial assist22 ance to help students facing financial hardships 

23 that may impact enrollment in or completion of 

24 a program assisted with such funds. 


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1 (D) Navigation, coaching, mentorship, and 

2 case management services, including providing 

3 information and outreach to populations de4 scribed in subsection (c) to take part in a pro5 gram supported with such funds. 

6 (E) Providing access to necessary supplies, 

7 materials, or technological devices, and required 

8 equipment, and other supports necessary to 

9 participate in such programs. 

10 (3) ADDITIONAL REQUIRED PROGRAM ACTIVI11 TIES.—The funds awarded to an eligible entity 

12 under this section that remain after carrying out 

13 paragraph (2) shall be used to— 

14 (A) create, develop, or expand articulation 

15 agreements (as defined in section 486A(a) of 

16 the Higher Education Act of 1965 (20 U.S.C. 

17 1093a(a))), credit transfer agreements, policies 

18 to award credit for prior learning, corequisite 

19 remediation, dual or concurrent enrollment pro20 grams, career pathways, and competency-based 

21 education; 

22 (B) establish or expand industry or sector 

23 partnerships to develop or expand academic 

24 programs and curricula; 


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1 (C) establish or expand work-based learn2 ing opportunities, including apprenticeship pro3 grams or paid internships; 

4 (D) establish or implement plans for pro5 grams supported with funds under this section 

6 to be included on the eligible training provider, 

7 as described under section 122(d) of the Work8 force Innovation and Opportunity Act (29 

9 U.S.C. 3152(d)); 

10 (E) award academic credit or provide for 

11 academic alignment towards credit pathways for 

12 programs assisted with such funds, including 

13 industry recognized credentials, competency14 based education, or work-based learning; 

15 (F) make available open, searchable, and 

16 comparable information on the recognized post17 secondary credentials awarded under such pro18 grams, including the related skills or com19 petencies, related employment, and earnings 

20 outcomes; or 

21 (G) acquiring equipment necessary to sup22 port activities permitted under this section. 

23 (f) SECRETARIAL RESERVATIONS.—Not more than 5 

24 percent of the funds appropriated for a fiscal year may 

25 be used by the Secretary for— 


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1 (1) the administration of the program under 

2 this section, including providing technical assistance 

3 to eligible entities; 

4 (2) targeted outreach to eligible institutions 

5 serving a high number or high percentage of low-in6 come populations, and rural serving eligible institu7 tions to provide guidance and assistance in the grant 

8 application process under this section; and 

9 (3) a rigorous, third-party evaluation that uses 

10 experimental or quasi-experimental design or other 

11 research methodologies that allow for the strongest 

12 possible causal inferences to determine whether each 

13 eligible entity carrying out a program supported 

14 under this section has met the goals of such pro15 gram as described in the application submitted by 

16 the eligible entity, including through a national as17 sessment of all such programs at the conclusion of 

18 each 4-year grant period. 

19 (g) REPORTS AND DISSEMINATION.— 

20 (1) REPORTS.—Each eligible entity receiving 

21 funds under this section shall report to the Sec22 retary annually on— 

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1 tivities carried out by each partner of the eligi2 ble entity described in subsection (d)(1); 

3 (B) data on the population served with the 

4 funds and labor market outcomes of popu5 lations served by the funds; 

6 (C) resources leveraged by the eligible enti7 ty to support activities under this section; and 

8 (D) the performance of each such program 

9 with respect to the indicators of performance 

10 under section 116(b)(2)(A)(i) of the Workforce 

11 Innovation and Opportunity Act (29 U.S.C. 

12 3141(b)(2)(A)(i)). 

13 (2) DISSEMINATION.—Each eligible entity re14 ceiving funds under this section shall— 

15 (A) participate in activities regarding the 

16 dissemination of related research, best prac17 tices, and technical assistance; and 

18 (B) to the extent practicable, and as deter19 mined by the Secretary, make available to the 

20 public any materials created under the grant. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $2,000,000,000 for fiscal year 2021, to remain available 

24 through fiscal year 2025. 


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1 CHAPTER 7—SENIOR COMMUNITY 

2 SERVICE EMPLOYMENT PROGRAM 

3 SEC. 3171. APPROPRIATIONS. 

4 There is appropriated to the Secretary, out of any 

5 money in the Treasury not otherwise appropriated, 

6 $140,000,000 to carry out title V of the Older Americans 

7 Act of 1965 (42 U.S.C. 3056 et seq.), for each of fiscal 

8 years 2021 through 2025. 

9 CHAPTER 8—GENERAL PROVISIONS 

10 SEC. 3176. GENERAL PROVISIONS. 

11 (a) SUPPLEMENT, NOT SUPPLANT.—Any Federal 

12 funds provided under this subtitle shall be used only to 

13 supplement and not supplant the funds that would, in the 

14 absence of such Federal funds, be made available from 

15 State or local public funds for adult education and literacy 

16 activities, employment and training activities, or other ac17 tivities carried out under the Workforce Innovation and 

18 Opportunity Act (29 U.S.C. 3101 et seq.). 

19 (b) EVALUATIONS.—Any activity or program carried 

20 out with funds provided under this subtitle shall be subject 

21 to the following: 

22 (1) Measurement with performance account23 ability indicators in accordance with section 

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1 portunity Act (29 U.S.C. 3141(b)(2)(A)) or as pro2 vided as follows: 

3 (A) With respect to an activity or program 

4 carried out under section 3131, the measure5 ment with performance accountability indicators 

6 shall be in accordance with section 

7 116(b)(2)(A)(ii) of the Workforce Innovation 

8 and Opportunity Act (29 U.S.C. 

9 3141(b)(2)(A)(ii)). 

10 (B) With respect to an activity or program 

11 carried out under section 3143, the measure12 ment with performance accountability indicators 

13 shall be in accordance with section 

14 116(b)(2)(A)(ii) of the Workforce Innovation 

15 and Opportunity Act (29 U.S.C. 

16 3141(b)(2)(A)(ii)). 

17 (2) Rigorous evaluation using research ap18 proaches appropriate to the level of development and 

19 maturity of the activity or program, which evalua20 tion may include random assignment or quasi-experi21 mental impact evaluations, implementation evalua22 tions, pre-experimental studies, and feasibility stud23 ies, including studies of job quality measures and 

24 credential transparency. 


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1 (c) USES OF FUNDS.—From the funds appropriated 

2 under subsection (d), the Secretary of Labor shall— 

3 (1) support the administration of the funds 

4 under this subtitle and evaluation of activities and 

5 programs described in subsection (b), including by 

6 providing guidance and technical assistance to 

7 States and local areas; 

8 (2) establish an interagency agreement with the 

9 Secretary of Education for— 

10 (A) coordination of funding priorities, with 

11 other relevant Federal agencies, as applicable; 

12 (B) dissemination and administration of 

13 grants and funding under this subtitle; and 

14 (C) execution of research and evaluation 

15 activities to minimize the duplication of efforts 

16 and job training investments; 

17 (3) provide guidance to States and local areas 

18 on how to make, and financial support to enable the 

19 States and local areas to make, information on rec20 ognized postsecondary credentials and related com21 petencies being awarded for activities carried out 

22 with funds under this subtitle publicly available, 

23 searchable, and comparable as linked open data; 

24 (4) not later than 30 days after the date of en25 actment of this Act, issue guidance for implementing 


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1 this subtitle in accordance with the Workforce Inno2 vation and Opportunity Act (29 U.S.C. 3101 et 

3 seq.); and 

4 (5) provide not less than $1,000,000 for each 

5 fiscal year for the Office of Inspector General of the 

6 Department of Labor to oversee the administration 

7 and distribution of funds under this subtitle. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated $90,000,000 to carry out 

10 this section for fiscal year 2021, to remain available 

11 through fiscal year 2025. 

12 Subtitle B—Carl D. Perkins Career 

13 and Technical Education Act of 

14 2006 

15 SEC. 3201. DEFINITIONS AND PERKINS CTE REQUIRE16 MENTS. 

17 (a) PERKINS CTE DEFINITIONS AND REQUIRE18 MENTS.—Except as otherwise provided, in this subtitle— 

19 (1) the terms have the meanings given the 

20 terms in section 3 of the Carl D. Perkins Career and 

21 Technical Education Act of 2006 (20 U.S.C. 2302); 

22 and 

23 (2) an allotment, allocation, or other provision 

24 of funds made under this subtitle in accordance with 

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1 nical Education Act of 2006 (20 U.S.C. 2301 et 

2 seq.) shall be made in compliance with the applicable 

3 requirements of such Act (20 U.S.C. 2301 et seq.). 

4 (b) OTHER DEFINITIONS.—In this subtitle: 

5 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 

6 means coronavirus as defined in section 506 of the 

7 Coronavirus Preparedness and Response Supple8 mental Appropriations Act, 2020 (Public Law 116– 

9 123). 

10 (2) COVID–19 NATIONAL EMERGENCY.—The 

11 term ‘‘COVID–19 national emergency’’ means the 

12 national emergency declared by the President under 

13 the National Emergencies Act (50 U.S.C. 1601 et 

14 seq.) on March 13, 2020, with respect to the 

15 coronavirus. 

16 SEC. 3202. COVID–19 CAREER AND TECHNICAL EDUCATION 

17 RESPONSE FLEXIBILITY. 

18 (a) POOLING OF FUNDS.—An eligible recipient may, 

19 in accordance with section 135(c) of the Carl D. Perkins 

20 Career and Technical Education Act of 2006 (20 U.S.C. 

21 2355(c)), pool a portion of funds received under such Act 

22 with a portion of funds received under such Act available 

23 to one or more eligible recipients to support the transition 

24 from secondary education to postsecondary education or 


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1 employment for CTE participants whose academic year 

2 was interrupted by the COVID–19 national emergency. 

3 (b) PROFESSIONAL DEVELOPMENT.—During the 

4 COVID–19 national emergency, section 3(40)(B) of the 

5 Carl D. Perkins Career and Technical Education Act of 

6 2006 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained 

7 (not stand-alone, 1-day, or short-term workshops), inten8 sive, collaborative, job-embedded, data-driven, and class9 room-focused,’’ were struck. 

10 SEC. 3203. PERKINS CAREER AND TECHNICAL EDUCATION. 

11 (a) DISTRIBUTION OF FUNDS.— 

12 (1) STATES.—From the amounts appropriated 

13 under subsection (c), the Secretary shall make allot14 ments to eligible agencies in accordance with section 

15 111(a)(3) of the Carl D. Perkins Career and Tech16 nical Education Act of 2006 (20 U.S.C. 2321(a)(3)). 

17 (2) LOCAL AREAS.— 

18 (A) IN GENERAL.—Not later than 30 days 

19 after an eligible agency receives an allotment 

20 under paragraph (1), the eligible agency shall 

21 make available such funds in accordance with 

22 section 112(a) of the Carl D. Perkins Career 

23 and Technical Education Act of 2006 (20 

24 U.S.C. 2322(a)), including making such funds 

25 available for distribution to eligible recipients in 


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1 accordance with sections 131 and 132 of such 

2 Act. 

3 (B) RESERVED FUNDS.—An eligible agen4 cy that reserves funds in accordance with sec5 tion 112(a)(1) of the Carl D. Perkins Career 

6 and Technical Education Act of 2006 (20 

7 U.S.C. 2322(a)) to be used in accordance with 

8 section 112(c) of such Act, may also use such 

9 reserved funds for digital, physical, or tech10 nology infrastructure related projects to im11 prove career and technical education offerings 

12 within the State. 

13 (b) USES OF FUNDS.—Each eligible agency and eligi14 ble recipient shall use the funds received under this section 

15 to carry out activities improving or expanding career and 

16 technical education programs and programs of study to 

17 adequately respond to State and local needs as a result 

18 of the COVID–19 national emergency, including— 

19 (1) expanding and modernizing digital, physical, 

20 or technology infrastructure to deliver in-person, on21 line, virtual, and simulated educational and work22 based learning experiences; 

23 (2) acquiring appropriate equipment, tech24 nology, supplies, and instructional materials aligned 

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1 ery, testing equipment, tools, hardware, software, 

2 and other new and emerging instructional materials; 

3 (3) providing incentives to employers and CTE 

4 participants facing economic hardships due to the 

5 COVID–19 national emergency to participate in 

6 work-based learning programs; 

7 (4) expanding or adapting program offerings or 

8 supports based on an updated comprehensive needs 

9 assessment to systemically respond to employers’ 

10 and CTE participants’ changing needs as a result of 

11 the COVID–19 national emergency; or 

12 (5) providing for professional development and 

13 training activities for career and technical education 

14 teachers, faculty, school leaders, administrators, spe15 cialized instructional support personnel, career guid16 ance and academic counselors, and paraprofessionals 

17 to support activities carried out under this section. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $1,000,000,000 for fiscal year 2021, to remain available 

21 through fiscal year 2023. 

22 SEC. 3204. GENERAL PROVISIONS. 

23 (a) SUPPLEMENT, NOT SUPPLANT.—Any Federal 

24 funds provided under this subtitle shall be used only to 

25 supplement the funds that would, in the absence of such 


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1 Federal funds, be made available from non-Federal 

2 sources for career and technical education programs or 

3 other activities carried out under the Carl D. Perkins Ca4 reer and Technical Education Act of 2006 (20 U.S.C. 

5 2301 et seq.), and not to supplant such funds. 

6 (b) EVALUATIONS.—Any activity or program carried 

7 out with funds received under this subtitle shall be subject 

8 to— 

9 (1) performance accountability indicators in ac10 cordance with section 113 of the Carl D. Perkins 

11 Career and Technical Education Act of 2006 (20 

12 U.S.C. 2323); and 

13 (2) rigorous evaluation using research ap14 proaches appropriate to the level of development and 

15 maturity of the activity or program, including ran16 dom assignment or quasi-experimental impact eval17 uations, implementation evaluations, pre-experi18 mental studies, and feasibility studies, including 

19 studying job quality measures and credential trans20 parency. 

21 (c) USES OF FUNDS.—From the funds appropriated 

22 under subsection (d), the Secretary shall— 

23 (1) support the administration of the funds for 

24 this subtitle and evaluation of such activities de25 scribed in subsection (b); 


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1 (2) establish an interagency agreement with the 

2 Secretary of Labor for— 

3 (A) coordinating funding priorities, includ4 ing with other relevant Federal agencies, in5 cluding the Department of Health and Human 

6 Services; 

7 (B) dissemination and administration of 

8 grants and funding under this subtitle; and 

9 (C) execution of research and evaluation 

10 activities to minimize the duplication of efforts 

11 and job training investments and facilitate 

12 greater blending and braiding of Federal and 

13 non-Federal funds; 

14 (3) not later than 30 days after the date of en15 actment of this Act, issue guidance for implementing 

16 this subtitle in accordance with the Carl D. Perkins 

17 Career and Technical Education Act of 2006 (20 

18 U.S.C. 2301 et seq.); and 

19 (4) provide not less than $250,000 for each fis20 cal year for the Office of Inspector General of the 

21 Department of Education to oversee the administra22 tion and distribution of funds under this subtitle. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 


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1 $10,000,000 for fiscal year 2021, to remain available 

2 through fiscal year 2025. 

3 Subtitle C—Pandemic TANF 

4 Assistance 

5 SEC. 3301. EMERGENCY FLEXIBILITY FOR STATE AND TRIB6 AL TANF PROGRAMS. 

7 (a) SUSPENSION OF REQUIREMENTS AND PENALTIES

8 RELATING TO THE TIME LIMIT FOR ASSISTANCE, WORK, 

9 AND CERTAIN OTHER REQUIREMENTS.— 

10 (1) IN GENERAL.—During the applicable pe11 riod— 

12 (A) sections 407(a), 407(e)(1), and 

13 408(a)(7)(A) of the Social Security Act (42 

14 U.S.C. 607(a), 607(e)(1), 608(a)(7)(A)) shall 

15 have no force or effect; 

16 (B) no penalty shall be imposed against an 

17 individual or the individual’s family with respect 

18 to section 407(e)(1) or 408(b)(3) of such Act 

19 (42 U.S.C. 607(e)(1), 608(b)(3)); 

20 (C) a State shall not deny, reduce, or ter21 minate assistance to a family because an indi22 vidual does not comply with such section 

23 407(e)(1) or does not otherwise engage in work 

24 required by the State; 


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1 (D) a State shall not deny, reduce, or ter2 minate assistance to an individual or the indi3 vidual’s family with respect to a failure to co4 operate with completing the assessment re5 quired under section 408(b)(1) of such Act (42 

6 U.S.C. 608(b)(1)); 

7 (E) a State may defer a required assess8 ment of the employability of an individual 

9 under section 408(b) of such Act (42 U.S.C. 

10 608(b)) to 90 days following the end of the ap11 plicable period; 

12 (F) no condition on assistance for an indi13 vidual or the individual’s family shall be im14 posed in connection with enforcing penalties de15 scribed in section 409(a)(5) of such Act (42 

16 U.S.C. 609(a)(5)); 

17 (G) no penalty shall be imposed against an 

18 individual or the individual’s family with respect 

19 to section 408(a)(2) of such Act (42 U.S.C. 

20 608(a)(2)); and 

21 (H) paragraphs (3), (5), (8), (9), (14), and 

22 (15) of section 409(a) of such Act (42 U.S.C. 

23 609(a)) shall not apply with respect to any vio24 lation of a requirement described in such a 


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1 paragraph that occurs during or with respect to 

2 the applicable period. 

3 (2) TRIBAL PROGRAMS.—During the applicable 

4 period— 

5 (A) the minimum work participation re6 quirements and time limits established under 

7 section 412(c) of the Social Security Act (42 

8 U.S.C. 612(c)) shall have no force or effect; 

9 (B) no penalty shall be imposed against an 

10 individual or the individual’s family with respect 

11 to a violation of such requirements or limits; 

12 (C) no condition on assistance for an indi13 vidual or the individual’s family shall be im14 posed in connection with enforcing penalties de15 scribed in section 409(a)(5) of such Act (42 

16 U.S.C. 609(a)(5)); and 

17 (D) the penalties established under such 

18 section 412(c) shall not apply with respect to 

19 conduct engaged in during or with respect to 

20 the applicable period. 

21 (b) APPLICATION TO PROGRAM ENFORCEMENT PRO22 VISIONS.— 

23 (1) WAIVER OF CERTAIN PENALTIES.—The 

24 Secretary shall not impose a penalty against a State 

25 or Indian tribe under paragraph (3), (5), (8), (9), 


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1 (14), or (15) of section 409(a) of such Act (42 

2 U.S.C. 609(a)) with respect to any violation of a re3 quirement described in such a paragraph that occurs 

4 during or with respect to the applicable period. 

5 (2) CORRECTIVE COMPLIANCE PLANS.—If a 

6 State or Indian tribe has a corrective compliance 

7 plan in effect during or with respect to the applica8 ble period that involves a violation for which a pen9 alty specified in paragraph (1) would be imposed, 

10 the Secretary shall— 

11 (A) disregard the months occurring during 

12 the applicable period (and any portion of such 

13 months) for purposes of determining whether 

14 the State or Indian tribe has not, in a timely 

15 manner, corrected or discontinued, as appro16 priate, the violation pursuant to the corrective 

17 compliance plan accepted by the Secretary; and 

18 (B) consult with the State or Indian tribe 

19 on modifications to the corrective compliance 

20 plan for how the State will correct or dis21 continue, as appropriate, the violation and how 

22 the State will ensure compliance with the re23 quirements of part A of title IV of the Social 

24 Security Act (42 U.S.C. 601 et seq.) after the 

25 applicable period ends. 


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1 (c) PENALTY FOR NONCOMPLIANCE.— 

2 (1) IN GENERAL.—Subject to the succeeding 

3 provisions of this subsection, if the Secretary finds 

4 that during or with respect to the period that begins 

5 on the date of enactment of this section and ends on 

6 the date specified in section 106(3) of division A of 

7 the Continuing Appropriations Act, 2021, and Other 

8 Extensions Act, a State or an Indian tribe has im9 posed a penalty waived under subsection (a), includ10 ing denying, reducing, terminating, or conditioning 

11 assistance under a program funded under part A of 

12 title IV of the Social Security Act or any program 

13 funded with qualified State expenditures (as defined 

14 in section 409(a)(7)(B)(i) of such Act (42 U.S.C. 

15 609(a)(7)(B)(i))), the Secretary shall reduce the 

16 grant payable to the State under section 403(a)(1) 

17 of such Act (42 U.S.C. 603(a)(1)) or the grant pay18 able to the tribe under section 412(a)(1) of such Act 

19 (42 U.S.C. 612(a)(1)) for fiscal year 2021 by an 

20 amount equal to 5 percent of the State or tribal 

21 family assistance grant (as applicable). 

22 (2) PENALTY BASED ON SEVERITY OF FAIL23 URE.—The Secretary shall impose reductions under 

24 paragraph (1) with respect to fiscal year 2021 based 

25 on the degree of noncompliance. 


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1 (3) APPLICATION OF AGGREGATE PENALTY

2 LIMIT.—For purposes of section 409(d) of the Social 

3 Security Act (42 U.S.C. 609(d)), paragraph (1) of 

4 this subsection shall be considered to be included in 

5 section 409(a) of such Act. 

6 (d) DEFINITIONS.—In this section: 

7 (1) APPLICABLE PERIOD.—The term ‘‘applica8 ble period’’ means the period that begins on October 

9 1, 2019, and ends on the date specified in section 

10 106(3) of division A of the Continuing Appropria11 tions Act, 2021, and Other Extensions Act. 

12 (2) OTHER TERMS.—Each other term has the 

13 meaning given the term for purposes of part A of 

14 title IV of the Social Security Act (42 U.S.C. 601 

15 et seq.). 

16 SEC. 3302. CORONAVIRUS EMERGENCY ASSISTANCE 

17 GRANTS FOR LOW-INCOME FAMILIES. 

18 Title VI of the Social Security Act (42 U.S.C. 801 

19 et seq.) is amended by adding at the end the following: 

20 ‘‘SEC. 602. CORONAVIRUS EMERGENCY ASSISTANCE 

21 GRANTS FOR LOW-INCOME FAMILIES. 

22 ‘‘(a) IN GENERAL.—Subject to the succeeding provi23 sions of this section, each emergency grant State shall be 

24 entitled to receive from the Secretary a grant pursuant 


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1 to this section for fiscal year 2021 in the amount deter2 mined for the State under subsection (b). 

3 ‘‘(b) AMOUNT OF GRANTS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraphs (2), 

5 (3), and (4), the amount of the grant for an emer6 gency grant State for the period described in sub7 section (a) shall be the amount equal to the product 

8 of— 

9 ‘‘(A) the amount appropriated in para10 graph (1) of subsection (h) that remains after 

11 the application of paragraph (2) of that sub12 section; and 

13 ‘‘(B) the quotient of— 

14 ‘‘(i) the number of individuals in fam15 ilies with income below the poverty line in 

16 the State in the most recent year for which 

17 data are available from the Bureau of the 

18 Census; and 

19 ‘‘(ii) the number of individuals in 

20 families with income below the poverty line 

21 in all States (other than States specified in 

22 subsection (h)(2)(A)) in such year. 

23 ‘‘(2) OTHER STATES.—The amount of the 

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1 section (h)(2)(A) shall be based on such poverty 

2 data as the Secretary determines appropriate. 

3 ‘‘(3) REDISTRIBUTION OF UNUSED FUNDS.— 

4 The Secretary shall redistribute, under a procedure 

5 and methodology the Secretary determines appro6 priate, funds available for payments to emergency 

7 grant States under this section for which, as of July 

8 30, 2021, States have not applied to be paid to other 

9 emergency grant States that apply for payment from 

10 such funds. 

11 ‘‘(4) INCLUSION OF FAMILIES OF ONE.—For 

12 purposes of paragraphs (1), (2), and (3), in deter13 mining the number of individuals in families with in14 come below the poverty line in a State, the Secretary 

15 shall take household composition into account and 

16 shall treat a single individual as a family of one, 

17 without regard to whether the household of the indi18 vidual is composed of more than one family. 

19 ‘‘(c) USE OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—An emergency grant State 

21 receiving a grant under this section shall only use 

22 the grant funds for the following: 

23 ‘‘(A) To provide short-term cash, non-cash, 

24 or in-kind emergency disaster relief (as appro25 priate) to— 


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1 ‘‘(i) help eligible families address and 

2 avoid emergencies with respect to basic 

3 needs; 

4 ‘‘(ii) prevent or remedy household 

5 emergencies of eligible families, such as 

6 evictions, foreclosures, forfeitures, and ter7 minations of utility services; and 

8 ‘‘(iii) help eligible families address and 

9 avoid emergencies so that children may be 

10 cared for in their own homes or in the 

11 homes of relatives. 

12 ‘‘(B) To ensure the safety and well-being 

13 of all individuals during the period of a Federal 

14 or State emergency declaration concerning 

15 Coronavirus Disease 2019 (COVID–19), by 

16 providing subsidized jobs for individuals who 

17 are members of eligible families that can be 

18 performed remotely or are deemed essential 

19 (with individuals provided proper personal pro20 tective equipment and complying with Federal 

21 and State social distancing guidelines). 

22 ‘‘(C) To provide subsidized employment for 

23 individuals who are members of eligible families 

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1 ease 2019 (COVID–19) ends (when safe to do 

2 so, taking into account the need to prevent the 

3 spread or reoccurrence of coronavirus). 

4 ‘‘(2) NONDISPLACEMENT.—An emergency grant 

5 State receiving a grant under this section shall not 

6 use the grant funds to— 

7 ‘‘(A) displace or replace an employee, posi8 tion, or volunteer, or to partially displace or re9 place an employee, position or volunteer, such 

10 as through a reduction in hours, wages, or em11 ployment benefits; 

12 ‘‘(B) displace or replace an employee par13 ticipating in a strike, collective bargaining or 

14 union activities, or union organizing; or 

15 ‘‘(C) displace or replace an employee who 

16 was furloughed or unable to work due to the 

17 public health emergency with respect to the 

18 Coronavirus Disease 2019 (COVID–19) (includ19 ing due to illness, measures taken to avoid in20 fection, or needing to provide care for another 

21 individual). 

22 ‘‘(3) NONDISCRIMINATION.—An emergency 

23 grant State receiving a grant under this section shall 

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1 ceive assistance by reason of race, sex, religious 

2 creed, national origin, or political affiliation. 

3 ‘‘(4) PROTECTING OTHER BENEFITS.—For pur4 poses of any Federal, State, or local law, including 

5 those for purposes of public assistance programs and 

6 taxation, any benefit provided under paragraph 

7 (1)(A) for an eligible family shall be treated as 

8 short-term, non-cash, in-kind emergency disaster re9 lief without regard to the form in which the benefit 

10 is provided and shall be disregarded from income. 

11 ‘‘(d) STATE LETTER OF INTENT.— 

12 ‘‘(1) IN GENERAL.—In order to receive a pay13 ment for a fiscal year quarter from the grant deter14 mined for an emergency grant State under this sec15 tion, a State shall submit a letter of intent to the 

16 Secretary, not later than 30 days before the first 

17 day of each such quarter (or, in the case of a quar18 ter that has started or will start within 30 days of 

19 the date of enactment of this section, a State shall 

20 submit a letter of intent to the Secretary not later 

21 than 15 days after such date of enactment in order 

22 to receive an emergency grant for that quarter) 

23 that— 

24 ‘‘(A) specifies the amount of funds re25 quested by the State for a quarter; 


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1 ‘‘(B) describes how the State will use the 

2 funds to assist eligible families during the quar3 ter; and 

4 ‘‘(C) describes how funds provided will not 

5 supplant any existing expenditures or programs 

6 funded or administered by the State. 

7 ‘‘(2) PUBLIC AVAILABILITY.—The State shall 

8 make the letter of intent submitted by the State 

9 under this subsection available to the public. 

10 ‘‘(3) NO DELAY OF PAYMENTS; HOLD HARM11 LESS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 make payments by the applicable deadline 

14 under subsection (f)(2) to each State that sub15 mits a letter of intent for a quarter by the ap16 plicable deadline under paragraph (1), without 

17 regard to whether the Secretary has issued the 

18 guidance required under subsection (f)(1). 

19 ‘‘(B) HOLD HARMLESS.—A State that uses 

20 funds paid to the State for any quarter occur21 ring prior to the issuance of the guidance re22 quired under subsection (f)(1) consistent with 

23 the letter of intent submitted by the State for 

24 the quarter and the State’s good faith interpre25 tation of the requirements of this section, shall 


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1 not be penalized under subsection (f)(3) or in 

2 any other manner if, after such guidance is 

3 issued, the Secretary determines the State did 

4 not use the funds consistent with such guid5 ance. 

6 ‘‘(e) REPORTS.— 

7 ‘‘(1) STATE REPORTS.— Not later than Janu8 ary 1, 2022, each emergency grant State shall sub9 mit a report to the Secretary on how the State used 

10 the grant funds received by the State in such form 

11 and manner, and containing such information, as 

12 the Secretary shall require. 

13 ‘‘(2) REPORT TO CONGRESS.—Not later than 

14 September 30, 2022, the Secretary shall submit a 

15 report to Congress on the grants made under this 

16 section based on the reports submitted under para17 graph (1). 

18 ‘‘(f) MISCELLANEOUS.— 

19 ‘‘(1) EXPEDITED IMPLEMENTATION.—The Sec20 retary shall implement this section as quickly as rea21 sonably possible, pursuant to the issuance of appro22 priate guidance to States. 

23 ‘‘(2) TIMELY DISTRIBUTION OF GRANTS.— 

24 ‘‘(A) INITIAL PAYMENTS.—Not later than 

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1 tion, the Secretary shall pay each State that is 

2 an emergency grant State as of such date, the 

3 grant payable to such State for the 1st quarter 

4 of fiscal year 2021. 

5 ‘‘(B) SUBSEQUENT PAYMENTS.—The Sec6 retary shall continue to make payments not 

7 later than the first day of each quarter to emer8 gency grant States under this section for the 

9 2d, 3rd, and 4th quarters of fiscal year 2021. 

10 ‘‘(3) MISUSE OF FUNDS.— 

11 ‘‘(A) IN GENERAL.—If the Secretary deter12 mines that an emergency grant State has used 

13 grant funds received by the State in violation of 

14 the requirements of this section, the State shall 

15 remit to the Secretary an amount equal to the 

16 amount so used. 

17 ‘‘(B) APPLICATION OF APPEAL PROCE18 DURES.—Section 410 shall apply to a deter19 mination by the Secretary under subparagraph 

20 (A) in the same manner as such section applies 

21 to an imposition of a penalty under section 409. 

22 ‘‘(g) DEFINITIONS.—In this section: 

23 ‘‘(1) ELIGIBLE FAMILIES.—The term ‘eligible 

24 family’ means a family (including a family of one)— 


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1 ‘‘(A) whose monthly income, as of the date 

2 on which the family applies for emergency dis3 aster relief or subsidized employment, does not 

4 exceed 200 percent of the poverty line applica5 ble to a family of the size involved (as deter6 mined under section 673(2) of the Community 

7 Services Block Grant Act (42 U.S.C. 9902(2)); 

8 and 

9 ‘‘(B) that has been adversely affected by 

10 the public health emergency with respect to the 

11 Coronavirus Disease 2019 (COVID–19) (includ12 ing due to illness, economic disruption, meas13 ures taken to avoid infection, or needing to pro14 vide care for another individual). 

15 ‘‘(2) EMERGENCY GRANT STATE.—The term 

16 ‘emergency grant State’ means a State that submits 

17 a letter of intent containing the information speci18 fied in subsection (d)(1) to the Secretary with re19 spect to a fiscal year quarter by the submission 

20 deadline for such quarter. 

21 ‘‘(3) STATE.—The term ‘State’ has the mean22 ing given that term in section 419(5) and includes 

23 the Commonwealth of the Northern Mariana Islands 

24 and Indian tribes as defined in section 419(4). 

25 ‘‘(h) APPROPRIATION.— 


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1 ‘‘(1) IN GENERAL.—Out of any money in the 

2 Treasury of the United States not otherwise appro3 priated, there are appropriated for fiscal year 2021, 

4 $10,000,000,000 for grants under this section, to re5 main available until expended. 

6 ‘‘(2) RESERVATION OF FUNDS.— 

7 ‘‘(A) CERTAIN TERRITORIES.—The Sec8 retary shall reserve 5 percent of the amount ap9 propriated under paragraph (1) for grants to 

10 Guam, American Samoa, the United States Vir11 gin Islands, the Commonwealth of the Northern 

12 Mariana Islands, and Indian tribes (as defined 

13 in section 419(4)). 

14 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec15 retary shall reserve $500,000 of the amount ap16 propriated under paragraph (1) to provide tech17 nical assistance to States and Indian tribes with 

18 respect to the emergency grants made under 

19 this section.’’. 

20 Subtitle D—Preventing Child 

21 Abuse and Neglect 

22 SEC. 3401. CAPTA INVESTMENTS. 

23 (a) APPROPRIATIONS.— 

24 (1) IN GENERAL.—There is appropriated to the 

25 Secretary of Health and Human Services (referred 


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1 to in this section as the ‘‘Secretary’’), out of 

2 amounts in the Treasury not otherwise appropriated, 

3 $500,000,000 for fiscal year 2021, for the purpose 

4 of providing additional funding for the State grant 

5 program under section 106 of the Child Abuse Pre6 vention and Treatment Act (42 U.S.C. 5106a). 

7 (2) ALLOTMENTS.—The Secretary shall make 

8 allotments out of the amounts appropriated under 

9 paragraph (1) to each State and territory receiving 

10 an allotment under section 106(f) of the Child Abuse 

11 Prevention and Treatment Act (42 U.S.C. 5106a(f)) 

12 for fiscal year 2020, in the same manner that 

13 amounts appropriated under section 112 of such Act 

14 (42 U.S.C. 5106f)) are allotted to States in accord15 ance with section 106(f)(2) of such Act. 

16 (3) CHILDREN, FAMILIES, AND CHILD WELFARE

17 WORKERS’ HEALTH AND SAFETY.—The Secretary 

18 shall allow each State to use amounts appropriated 

19 under paragraph (1) and allocated under paragraph 

20 (2) to cover costs that the State determines nec21 essary to support child welfare workers in pre22 venting, investigating, and treating child abuse and 

23 neglect in response to a qualifying emergency, in24 cluding for the purchase of personal protective 

25 equipment and sanitation supplies, consistent with 


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1 section 106 of the Child Abuse Prevention and 

2 Treatment Act (42 U.S.C. 5106a). 

3 (b) CHILD ABUSE PREVENTION APPROPRIATION.— 

4 (1) IN GENERAL.—There is appropriated to the 

5 Secretary, out of amounts in the Treasury not other6 wise appropriated, $1,000,000,000 for fiscal year 

7 2020, for the purpose of providing additional fund8 ing for the community-based grants for the preven9 tion of child abuse and neglect under title II of the 

10 Child Abuse Prevention and Treatment Act (42 

11 U.S.C. 5116 et seq.). 

12 (2) ALLOTMENTS.—The Secretary shall make 

13 allotments out of the amounts appropriated under 

14 paragraph (1) to each State receiving an allotment 

15 under section 203 of the Child Abuse Prevention 

16 and Treatment Act (42 U.S.C. 5116b) for fiscal 

17 year 2020, in the same manner that amounts appro18 priated under section 209 of such Act (42 U.S.C. 

19 5116i) are allotted to States in accordance with sec20 tion 203 of such Act, except that, in allotting 

21 amounts under this subsection— 

22 (A) in subsection (a) of such section 203, 

23 ‘‘1 percent’’ shall be deemed to be ‘‘5 percent’’; 


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1 (B) in subsection (b)(1)(A) of such section 

2 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 

3 percent’’; and 

4 (C) subsections (b)(1)(B) and (c) of such 

5 section 203 shall not apply. 

6 (3) COMMUNITY-BASED PROGRAMS AND ACTIVI7 TIES HEALTH AND SAFETY.—The Secretary shall 

8 allow each State lead entity to use amounts appro9 priated under paragraph (1) and allocated to the 

10 State under paragraph (2) to cover costs that the 

11 lead entity determines necessary to maintain the op12 eration of community-based and prevention-focused 

13 programs and activities in the State in response to 

14 a qualifying emergency, including for the purchase 

15 of personal protective equipment and sanitation sup16 plies, consistent with title II of Child Abuse Preven17 tion and Treatment Act (42 U.S.C. 5116 et seq.). 

18 (4) NO STATE MATCHING REQUIREMENT.—Not19 withstanding section 204(4) of the Child Abuse Pre20 vention and Treatment Act (42 U.S.C. 5116d(4)), a 

21 State shall not be required to provide any additional 

22 funding for the program under title II of the Child 

23 Abuse Prevention and Treatment Act (42 U.S.C. 

24 5116 et seq.) as a condition for receiving an alloca25 tion under paragraph (2). 


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1 (c) IN GENERAL.—Any amount appropriated or 

2 made available under this section is in addition to other 

3 amounts appropriated or made available for the applicable 

4 purpose, and shall remain available until expended. 

5 Subtitle E—Modernizing Child 

6 Support 

7 SEC. 3501. SHORT TITLE; DEFINITION. 

8 (a) SHORT TITLE.—This subtitle may be cited as the 

9 ‘‘Strengthening Families for Success Act of 2020’’. 

10 (b) SECRETARY DEFINED.—In this subtitle, the term 

11 ‘‘Secretary’’ means the Secretary of Health and Human 

12 Services. 

13 CHAPTER 1—PROMOTING RESPONSIBLE 

14 FATHERHOOD AND STRENGTHENING 

15 LOW-INCOME FAMILIES 

16 SEC. 3511. REAUTHORIZATION OF HEALTHY MARRIAGE 

17 PROMOTION AND RESPONSIBLE FATHER18 HOOD GRANTS. 

19 (a) VOLUNTARY PARTICIPATION.— 

20 (1) ASSURANCE.—Section 403(a)(2)(A)(ii)(II) 

21 of the Social Security Act (42 U.S.C. 

22 603(a)(2)(A)(ii)(II)) is amended— 

23 (A) in item (aa), by striking ‘‘and’’ after 

24 the semicolon; 


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1 (B) in item (bb), by striking the period 

2 and inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(cc) if the entity is a State 

5 or an Indian tribe or tribal orga6 nization, to not condition the re7 ceipt of assistance under the pro8 gram funded under this part, 

9 under a program funded with 

10 qualified State expenditures (as 

11 defined in section 

12 409(a)(7)(B)(i)), or under a pro13 gram funded under part B or E 

14 of this title, on enrollment or 

15 participation in any such pro16 grams; and 

17 ‘‘(dd) to permit any partici18 pant in a program or activity 

19 funded under this paragraph, in20 cluding an individual whose par21 ticipation is specified in the indi22 vidual responsibility plan devel23 oped for the individual in accord24 ance with section 408(b), to 

25 transfer to another such program 


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1 or activity upon notification to 

2 the entity and the State agency 

3 responsible for administering the 

4 State program funded under this 

5 part.’’. 

6 (2) PROHIBITION.—Section 408(a) of such Act 

7 (42 U.S.C. 608(a)) is amended by adding at the end 

8 the following: 

9 ‘‘(13) BAN ON CONDITIONING RECEIPT OF

10 TANF OR CERTAIN OTHER BENEFITS ON PARTICIPA11 TION IN A HEALTHY MARRIAGE OR RESPONSIBLE

12 FATHERHOOD PROGRAM.—A State to which a grant 

13 is made under section 403 shall not condition the re14 ceipt of assistance under the State program funded 

15 under this part, under a program funded with quali16 fied State expenditures (as defined in section 

17 409(a)(7)(B)(i)), or under a program funded under 

18 part B or E of this title, on participation in a 

19 healthy marriage promotion activity (as defined in 

20 section 403(a)(2)(A)(iii)) or in an activity promoting 

21 responsible fatherhood (as defined in section 

22 403(a)(2)(C)(ii)).’’. 

23 (3) PENALTY.—Section 409(a) of such Act (42 

24 U.S.C. 609(a)) is amended by adding at the end the 

25 following: 


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1 ‘‘(17) PENALTY FOR CONDITIONING RECEIPT

2 OF TANF OR CERTAIN OTHER BENEFITS ON PARTICI3 PATION IN A HEALTHY MARRIAGE OR RESPONSIBLE

4 FATHERHOOD PROGRAM.—If the Secretary deter5 mines that a State has violated section 408(a)(13) 

6 during a fiscal year, the Secretary shall reduce the 

7 grant payable to the State under section 403(a)(1) 

8 for the immediately succeeding fiscal year by an 

9 amount equal to 5 percent of the State family assist10 ance grant.’’. 

11 (b) ALIGNMENT OF ENTITIES ELIGIBLE FOR GRANTS

12 AND TECHNICAL ASSISTANCE.—Section 403(a)(2) of such 

13 Act (42 U.S.C. 603(a)(2)) is further amended— 

14 (1) in subparagraph (A)— 

15 (A) in clause (i), by inserting ‘‘territories,’’ 

16 after ‘‘States,’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(iv) ELIGIBLE ENTITIES.—States, 

19 territories, Indian tribes and tribal organi20 zations, public or private entities, and non21 profit community entities, including reli22 gious organizations, are eligible to be 

23 awarded funds made available under this 

24 paragraph for the purpose of carrying out 

25 healthy marriage promotion activities, for 


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1 the purpose of carrying out activities pro2 moting responsible fatherhood, or for both 

3 such purposes. 

4 ‘‘(v) TERRITORY DEFINED.—For pur5 poses of awarding funds under this para6 graph, the term ‘territory’ means the Com7 monwealth of Puerto Rico, the United 

8 States Virgin Islands, Guam, American 

9 Samoa, and the Commonwealth of the 

10 Northern Mariana Islands.’’; and 

11 (2) in subparagraph (C)(i), by striking ‘‘and 

12 public’’ and inserting ‘‘public or private entities,’’. 

13 (c) TERRITORY AND TRIBAL SET-ASIDE; ELIMI14 NATION OF PREFERENCE PROVISION.—Section 

15 403(a)(2)(E) of such Act (42 U.S.C. 603(a)(2)(E)) is 

16 amended to read as follows: 

17 ‘‘(E) FUNDING FOR TERRITORIES AND IN18 DIAN TRIBES AND TRIBAL ORGANIZATIONS.— 

19 ‘‘(i) IN GENERAL.—Of the amounts 

20 made available under subparagraph (D) 

21 for a fiscal year, not less than ten of the 

22 awards made by the Secretary of such 

23 funds for fiscal year 2021 or any fiscal 

24 year thereafter for the purpose of carrying 

25 out healthy marriage promotion activities, 


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1 activities promoting responsible fatherhood, 

2 or both, (excluding any award under sub3 paragraph (B)(i) for any fiscal year), shall 

4 be made to a territory or an Indian tribe 

5 or tribal organization. 

6 ‘‘(ii) CLARIFICATION OF ELIGIBILITY

7 OF TRIBAL CONSORTIUMS.—A tribal con8 sortium of Indian tribes or tribal organiza9 tions may be awarded funds under this 

10 paragraph for the purpose of carrying out 

11 healthy marriage promotion activities, ac12 tivities promoting responsible fatherhood, 

13 or both.’’. 

14 (d) ACTIVITIES PROMOTING RESPONSIBLE FATHER15 HOOD.—Section 403(a)(2)(C)(ii) of such Act (42 U.S.C. 

16 603(a)(2)(C)(ii)) is amended— 

17 (1) in subclause (I), by striking ‘‘marriage or 

18 sustain marriage’’ and inserting ‘‘healthy relation19 ships and marriages or to sustain healthy relation20 ships or marriages’’; 

21 (2) in subclause (II), by inserting ‘‘educating 

22 youth who are not yet parents about the economic, 

23 social, and family consequences of early parenting, 

24 helping participants in fatherhood programs work 


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1 with their own children to break the cycle of early 

2 parenthood,’’ after ‘‘child support payments,’’; and 

3 (3) in subclause (III)— 

4 (A) by striking ‘‘fathers’’ and inserting 

5 ‘‘parents (with priority for low-income non6 custodial parents)’’; and 

7 (B) by inserting ‘‘employment training for 

8 both parents and for other family members,’’ 

9 after ‘‘referrals to local employment training 

10 initiatives,’’. 

11 (e) ENSURING HEALTHY MARRIAGE PROMOTION

12 AND RESPONSIBLE FATHERHOOD ACTIVITIES CAN BE

13 OFFERED DURING PUBLIC HEALTH EMERGENCIES.— 

14 (1) IN GENERAL.—Section 403(a)(2)(A)(ii)(I) 

15 of such Act (42 U.S.C. 603(a)(2)(A)(ii)(I)) is 

16 amended— 

17 (A) in each of items (aa) and (bb), by 

18 striking ‘‘and’’ after the semicolon; and 

19 (B) by adding at the end the following: 

20 ‘‘(cc) how, and the extent to 

21 which, funds awarded will be 

22 used by the entity for technology 

23 and access to broadband in order 

24 to carry out healthy marriage 

25 promotion activities, activities 


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1 promoting responsible father2 hood, or both, remotely during a 

3 public health emergency; and 

4 ‘‘(dd) how the entity will 

5 sustain continuity of critical serv6 ices, specifying the scope of the 

7 critical services to be maintained, 

8 and the ability of the entity to be 

9 able to resume providing such 

10 services within 3 weeks of the be11 ginning of a public health emer12 gency or other incident that com13 promises the ability of the entity 

14 to deliver such services in-person, 

15 by telephone, or virtually; and’’. 

16 (2) PUBLIC HEALTH EMERGENCY DEFINED.— 

17 Section 403(a)(2)(A) of such Act (42 U.S.C. 

18 603(a)(2)(A)) is further amended— 

19 (A) by redesignating clauses (iv) and (v) 

20 (as added by subsection (b)(1)) as clauses (v) 

21 and (vi), respectively; and 

22 (B) by inserting after clause (iii) the fol23 lowing: 


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1 ‘‘(iv) PUBLIC HEALTH EMERGENCY

2 DEFINED.—In clause (ii), the term ‘public 

3 health emergency’ means— 

4 ‘‘(I) a national or public health 

5 emergency declared by the President 

6 or the Secretary, including— 

7 ‘‘(aa) a major disaster relat8 ing to public health declared by 

9 the President under section 401 

10 of the Robert T. Stafford Dis11 aster Relief and Emergency As12 sistance Act (42 U.S.C. 5170); 

13 ‘‘(bb) an emergency relating 

14 to public health declared by the 

15 President under section 501 of 

16 the Robert T. Stafford Disaster 

17 Relief and Emergency Assistance 

18 Act (42 U.S.C. 5191); or 

19 ‘‘(cc) a public health emer20 gency declared by the Secretary 

21 under section 319 of the Public 

22 Health Service Act (42 U.S.C. 

23 247d); or 

24 ‘‘(II) an emergency relating to 

25 public health that has been declared 


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1 by a Governor or other appropriate of2 ficial of any State, the District of Co3 lumbia, or commonwealth, territory, 

4 or locality of the United States.’’. 

5 (f) MEASURING OUTCOMES FOR ELIGIBLE FAMI6 LIES.—Section 403(a)(2) of such Act (42 U.S.C. 

7 603(a)(2)), as amended by the preceding subsections of 

8 this section, is further amended— 

9 (1) in subparagraph (A)— 

10 (A) in clause (ii)— 

11 (i) in subclause (I)(dd), by striking 

12 ‘‘and’’ after the semicolon; 

13 (ii) in subclause (II)— 

14 (I) in item (cc), by striking 

15 ‘‘and’’ after the semicolon; 

16 (II) in item (dd), by striking the 

17 period at the end and inserting ‘‘; 

18 and’’; and 

19 (III) by adding at the end the 

20 following: 

21 ‘‘(ee) to submit the report 

22 required under clause (vi); and’’; 

23 and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(III) provides, subject to the ap2 proval of the Secretary, for evalua3 tions of the activities carried out 

4 using each grant made under this 

5 paragraph that satisfy the require6 ments of subparagraph (F).’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(vii) REQUIREMENTS RELATING TO

9 OUTCOMES FOR MEASURING IMPROVE10 MENTS.— 

11 ‘‘(I) REPORT ON IMPROVEMENTS

12 AFTER 3 YEARS.—Not later than 30 

13 days after the end of the 3rd year in 

14 which an eligible entity conducts pro15 grams or activities with funds made 

16 available under this paragraph, the 

17 entity shall submit a report to the 

18 Secretary demonstrating the extent to 

19 which the programs and activities car20 ried out with such funds made quan21 tifiable, measurable improvements in 

22 the areas identified in the entity’s ap23 plication in accordance with clause 

24 (ii)(III). 


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1 ‘‘(II) TECHNICAL ASSISTANCE.— 

2 The Secretary shall provide technical 

3 assistance to help the eligible entity 

4 develop and implement ways to evalu5 ate and improve outcomes for eligible 

6 families. The Secretary may provide 

7 the technical assistance directly or 

8 through grants, contracts, or coopera9 tive agreements. 

10 ‘‘(III) ADVISORY PANEL.—The 

11 Secretary shall establish an advisory 

12 panel for purposes of obtaining rec13 ommendations regarding the technical 

14 assistance provided to entities in ac15 cordance with subclause (II). 

16 ‘‘(IV) FINAL REPORT.—Not later 

17 than December 31 of the first cal18 endar year that begins after October 

19 1 of the 5th consecutive fiscal year for 

20 which an eligible entity conducts pro21 grams or activities with funds made 

22 available under this paragraph, and 

23 every 5th such fiscal year thereafter 

24 (beginning with funds awarded for fis25 cal year 2021), the eligible entity shall 


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1 submit a report to the Secretary dem2 onstrating the extent to which the 

3 programs and activities carried out 

4 with such funds made quantifiable, 

5 measurable improvements in the areas 

6 identified in the entity’s application 

7 for funding for such 5 fiscal years. 

8 ‘‘(V) REPORT TO CONGRESS.— 

9 Not later than March 31, 2026, and 

10 annually thereafter, the Secretary 

11 shall submit a report to the Com12 mittee on Ways and Means of the 

13 House of Representatives and the 

14 Committee on Finance of the Senate 

15 on the programs and activities carried 

16 out with funds made available under 

17 this paragraph based on the most re18 cent final reports submitted under 

19 subclause (IV). Each report submitted 

20 under this subclause shall identify the 

21 programs and activities carried out 

22 with funds made available under this 

23 paragraph which made quantifiable, 

24 measurable improvements and in 

25 which outcome areas.’’; and 


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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(F) EVALUATION REQUIREMENTS.— 

4 ‘‘(i) IN GENERAL.—For purposes of 

5 subparagraph (A)(ii)(III), an evaluation 

6 satisfies the requirements of this subpara7 graph if— 

8 ‘‘(I) the evaluation is designed 

9 to— 

10 ‘‘(aa) build evidence of the 

11 effectiveness of the activities car12 ried out using each grant made 

13 under this paragraph; 

14 ‘‘(bb) determine the lessons 

15 learned (including barriers to 

16 success) from such activities; and 

17 ‘‘(cc) to the extent prac18 ticable, help build local evaluation 

19 capacity, including the capacity 

20 to use evaluation data to inform 

21 continuous program improve22 ment; and 

23 ‘‘(II) the evaluation includes re24 search designs that encourage innova25 tion and reflect the nature of the acVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 tivities undertaken, successful imple2 mentation efforts, and the needs of 

3 the communities, without prioritizing 

4 efficacy research over effectiveness re5 search. 

6 ‘‘(ii) RANDOMIZED CONTROLLED

7 TRIALS.—An evaluation conducted in ac8 cordance with subparagraph (A)(ii)(III) 

9 and this subparagraph may, but shall not 

10 be required to, include a randomized con11 trolled trial. 

12 ‘‘(iii) OUTCOMES.—Outcomes of inter13 est for an evaluation conducted in accord14 ance with subparagraph (A)(ii)(III) and 

15 this subparagraph shall include, but are 

16 not limited to, the following: 

17 ‘‘(I) Relationship quality between 

18 custodial and non-custodial parents. 

19 ‘‘(II) Family economic wellbeing, 

20 including receipt of public benefits 

21 and access to employment services 

22 and education. 

23 ‘‘(III) Payment of child support 

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1 cial contributions, and involvement in 

2 child-related activities. 

3 ‘‘(IV) Parenting skills or par4 enting quality. 

5 ‘‘(V) Health and mental health 

6 outcomes of parents. 

7 ‘‘(VI) Quality and frequency of 

8 contact between children and non-cus9 todial parents. 

10 ‘‘(VII) Reduction in crime or do11 mestic violence. 

12 ‘‘(VIII) Prevention of child inju13 ries, child abuse, neglect, or maltreat14 ment, and reduction of emergency de15 partment visits. 

16 ‘‘(IX) Coordination and referrals 

17 for other community resources and 

18 supports.’’. 

19 (g) AUTHORITY FOR SUBSTITUTION GRANTEES.— 

20 Section 403(a)(2)(A) of such Act (42 U.S.C. 

21 603(a)(2)(A)), as amended by subsections (b)(1), (e)(2), 

22 and (f)(2), is further amended— 

23 (1) in clause (ii), in the matter preceding sub24 clause (I), by striking ‘‘The Secretary’’ and inserting 


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1 ‘‘Except as provided in clause (viii), the Secretary’’; 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(viii) AUTHORITY FOR SUBSTITUTE

5 ENTITIES.—If, after being awarded funds 

6 under this paragraph for a fiscal year for 

7 the purpose of carrying out healthy mar8 riage promotion activities, activities pro9 moting responsible fatherhood, or both, an 

10 entity becomes unable to continue to carry 

11 out such activities for the duration of the 

12 award period, the Secretary may select an13 other entity to carry out such activities 

14 with the funds from the initial award that 

15 remain available for obligation, for the re16 mainder of the initial award period. The 

17 Secretary shall make any such selection 

18 from among applications submitted by 

19 other entities for funding to carry out the 

20 same activities as the activities for which 

21 the initial award was made, and may base 

22 the criteria for making such a selection on 

23 the objectives specified in the announce24 ment of the opportunity to apply for the 

25 initial award funds.’’. 


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1 (h) REAUTHORIZATION.—Section 403(a)(2)(D) of 

2 such Act (42 U.S.C. 603(a)(2)(D)) is amended to read 

3 as follows: 

4 ‘‘(D) APPROPRIATION.— 

5 ‘‘(i) IN GENERAL.—Subject to clauses 

6 (ii) and (iii), out of any money in the 

7 Treasury of the United States not other8 wise appropriated, there are appropriated 

9 for each of fiscal years 2021 through and 

10 2025 for expenditure in accordance with 

11 this paragraph— 

12 ‘‘(I) $75,000,000 for awarding 

13 funds for the purpose of carrying out 

14 healthy marriage promotion activities; 

15 and 

16 ‘‘(II) $75,000,000 for awarding 

17 funds for the purpose of carrying out 

18 activities promoting responsible fa19 therhood. 

20 ‘‘(ii) DEMONSTRATION PROJECTS FOR

21 COORDINATION OF PROVISION OF CHILD

22 WELFARE AND TANF SERVICES TO TRIBAL

23 FAMILIES AT RISK OF CHILD ABUSE OR

24 NEGLECT.—If the Secretary makes an 

25 award under subparagraph (B)(i) for any 


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1 fiscal year, the funds for such award shall 

2 be taken in equal portion from the 

3 amounts appropriated under subclauses (I) 

4 and (II) of clause (i). 

5 ‘‘(iii) RESEARCH; TECHNICAL ASSIST6 ANCE.—The Secretary may use 0.5 percent 

7 of the amounts appropriated under each of 

8 subclauses (I) and (II) of clause (i), re9 spectively, for the purpose of conducting 

10 and supporting research and demonstra11 tion projects by public or private entities, 

12 and providing technical assistance to 

13 States, Indian tribes and tribal organiza14 tions, and such other entities as the Sec15 retary may specify that are receiving a 

16 grant under another provision of this 

17 part.’’. 

18 CHAPTER 2—IMPROVING RESOURCES 

19 FOR DOMESTIC VIOLENCE AND FAM20 ILY STRENGTHENING 

21 SEC. 3521. BEST PRACTICES FOR COORDINATION OF POL22 ICY TO ADDRESS DOMESTIC VIOLENCE AND 

23 FAMILY ENGAGEMENT. 

24 The Secretary shall develop a coordinated policy to 

25 address domestic violence and family strengthening that— 


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1 (1) establishes criteria and best practices for 

2 coordination and partnership between domestic vio3 lence shelter and service organizations and respon4 sible fatherhood and healthy marriage promotion 

5 programs; 

6 (2) not later than 120 days after the date of 

7 enactment of this Act, issue guidance containing 

8 such criteria and best practices; and 

9 (3) update and reissue such criteria and best 

10 practices at least once every 5 years. 

11 SEC. 3522. GRANTS SUPPORTING HEALTHY FAMILY PART12 NERSHIPS FOR DOMESTIC VIOLENCE INTER13 VENTION AND PREVENTION. 

14 Section 403(a) of the Social Security Act (42 U.S.C. 

15 603(a)) is amended by adding at the end the following 

16 new paragraph: 

17 ‘‘(6) GRANTS SUPPORTING HEALTHY FAMILY

18 PARTNERSHIPS FOR DOMESTIC VIOLENCE INTER19 VENTION AND PREVENTION.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 award grants on a competitive basis to healthy 

22 family partnerships to build capacity for, and 

23 facilitate such partnerships. 

24 ‘‘(B) USE OF FUNDS.—Funds made avail25 able under a grant awarded under this paraVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 graph may be used for staff training, the provi2 sion of domestic violence intervention and pre3 vention services, and the dissemination of best 

4 practices for— 

5 ‘‘(i) assessing and providing services 

6 to individuals and families affected by do7 mestic violence, including through case8 worker training, the provision of technical 

9 assistance to other community partners, 

10 the implementation of safe visitation and 

11 exchange programs, and the implementa12 tion of safe child support procedures; or 

13 ‘‘(ii) preventing domestic violence, 

14 particularly as a barrier to economic secu15 rity, and fostering healthy relationships. 

16 ‘‘(C) APPLICATION.—The respective entity 

17 and organization of a healthy family partner18 ship entered into for purposes of receiving a 

19 grant under this paragraph shall submit a joint 

20 application to the Secretary, at such time and 

21 in such manner as the Secretary shall specify, 

22 containing— 

23 ‘‘(i) a description of how the partner24 ship intends to carry out the activities de25 scribed in subparagraph (B), including a 


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1 detailed plan for how the entity and orga2 nization comprising the partnership will 

3 collaborate; 

4 ‘‘(ii) an assurance that funds made 

5 available under the grant shall be used to 

6 supplement, and not supplant, other funds 

7 used by the entity or organization to carry 

8 out programs, activities, or services de9 scribed in subparagraph (B); and 

10 ‘‘(iii) such other information as the 

11 Secretary may require. 

12 ‘‘(D) GENERAL RULES GOVERNING USE OF

13 FUNDS.—Neither the rules of section 404 

14 (other than subsection (b) of that section), nor 

15 section 417 shall apply to a grant made under 

16 this paragraph. 

17 ‘‘(E) DEFINITIONS.—In this paragraph: 

18 ‘‘(i) DOMESTIC VIOLENCE.—The term 

19 ‘domestic violence’ means violence between 

20 intimate partners, which involves any form 

21 of physical violence, sexual violence, stalk22 ing, or psychological aggression, by a cur23 rent or former intimate partner. 


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1 ‘‘(ii) HEALTHY FAMILY PARTNER2 SHIP.—The term ‘healthy family partner3 ship’ means a partnership between— 

4 ‘‘(I) an entity receiving funds 

5 under— 

6 ‘‘(aa) a grant made under 

7 paragraph (2) to promote healthy 

8 marriage or responsible father9 hood; or 

10 ‘‘(bb) the pilot program es11 tablished under section 469C; 

12 and 

13 ‘‘(II) a domestic violence shelter 

14 and service organization. 

15 ‘‘(F) APPROPRIATION.—Out of any money 

16 in the Treasury of the United States not other17 wise appropriated, there are appropriated for 

18 each of fiscal years 2022 through 2025, 

19 $25,000,000 to carry out this paragraph.’’. 

20 SEC. 3523. PROCEDURES TO ADDRESS DOMESTIC VIO21 LENCE. 

22 (a) IN GENERAL.—Section 403(a)(2) of the Social 

23 Security Act (42 U.S.C. 603(a)(2)), as amended by sub24 sections (c) and (h) of section 3511, is amended— 


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1 (1) by redesignating subparagraphs (D) and 

2 (E) as subparagraphs (F) and (G), respectively; and 

3 (2) by inserting after subparagraph (C) the fol4 lowing: 

5 ‘‘(D) REQUIREMENTS FOR RECEIPT OF

6 FUNDS.—An entity may not be awarded a grant 

7 under this paragraph unless the entity, as a 

8 condition of receiving funds under such a 

9 grant— 

10 ‘‘(i) agrees to coordinate with the 

11 State domestic violence coalition (as de12 fined in section 302(11) of the Family Vio13 lence Prevention and Services Act (42 

14 U.S.C. 10402(11)); 

15 ‘‘(ii) identifies in its application for 

16 the grant the domestic violence shelter and 

17 service organization at the local, State, or 

18 national level with whom the entity will 

19 partner with respect to the development 

20 and implementation of the programs and 

21 activities of the entity; 

22 ‘‘(iii) describes in such application 

23 how the programs or activities proposed in 

24 the application will address, as appro25 priate, issues of domestic violence, and 


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1 contains a commitment by the entity to 

2 consult with experts in domestic violence or 

3 relevant domestic violence shelter and serv4 ice organizations in the community in de5 veloping the programs and activities; 

6 ‘‘(iv) describes in such application the 

7 roles and responsibilities of the entity and 

8 the domestic violence shelter and service 

9 organization, including with respect to 

10 training, cross-trainings for each entity, 

11 development of protocols using comprehen12 sive and evidence-based practices and tools, 

13 and reporting, and the resources that each 

14 partner will be responsible for bringing to 

15 the program; 

16 ‘‘(v) on award of the grant, and in 

17 consultation with the domestic violence 

18 shelter and service organization, develops 

19 and submits to the Secretary for approval, 

20 a written protocol using comprehensive and 

21 evidence-based practices and tools which 

22 describes— 

23 ‘‘(I) how the entity will identify 

24 instances or risks of domestic violence 


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1 among participants in the program 

2 and their families; 

3 ‘‘(II) the procedures for respond4 ing to such instances or risks, includ5 ing making service referrals, assisting 

6 with safety planning, and providing 

7 protections and other appropriate as8 sistance for identified individuals and 

9 families; 

10 ‘‘(III) how confidentiality issues 

11 will be addressed; and 

12 ‘‘(IV) the training on domestic 

13 violence that will be provided to en14 sure effective and consistent imple15 mentation of the protocol; 

16 ‘‘(vi) describes the entity’s plan to 

17 build the capacity of program staff and 

18 other partners to address and commu19 nicate with parents about domestic vio20 lence; 

21 ‘‘(vii) provides an assurance that the 

22 program staff will include a domestic vio23 lence coordinator to serve as the lead staff 

24 person on domestic violence for the entity 


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1 (which may be funded with funds made 

2 available under the grant); and 

3 ‘‘(viii) in an annual report to the Sec4 retary, includes a description of the domes5 tic violence protocols, and a description of 

6 any implementation issues identified with 

7 respect to domestic violence and how the 

8 issues were addressed. 

9 ‘‘(E) DOMESTIC VIOLENCE DEFINED.—In 

10 this paragraph, the term ‘domestic violence’ 

11 means violence between intimate partners, 

12 which involves any form of physical violence, 

13 sexual violence, stalking, or psychological ag14 gression, by a current or former intimate part15 ner.’’. 

16 (b) CONFORMING AMENDMENTS.—Section 403(a)(2) 

17 of such Act (42 U.S.C. 603(a)(2)), is further amended— 

18 (1) in subparagraph (A)(i)— 

19 (A) by striking ‘‘and (E)’’ and inserting 

20 ‘‘(D), and (G)’’; and 

21 (B) by striking ‘‘(D)’’ and inserting ‘‘(F)’’; 

22 and 

23 (2) in subparagraphs (B)(i) and (C)(i), by 

24 striking ‘‘(D)’’ each place it appears and inserting 

25 ‘‘(F)’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2021. 

3 CHAPTER 3—MODERNIZATION OF CHILD 

4 SUPPORT ENFORCEMENT 

5 SEC. 3531. PILOT PROGRAM TO STAY AUTOMATIC CHILD 

6 SUPPORT ENFORCEMENT AGAINST NON-CUS7 TODIAL PARENTS PARTICIPATING IN A 

8 HEALTHY MARRIAGE OR RESPONSIBLE FA9 THERHOOD PROGRAM. 

10 (a) ESTABLISHMENT.— 

11 (1) IN GENERAL.—The Secretary shall establish 

12 a pilot program to test whether the impact of stay13 ing automatic child support enforcement and cost re14 covery efforts improves family outcomes in cases 

15 under the State program funded under part A of 

16 title IV of the Social Security Act (42 U.S.C. 601 

17 et seq.) while a non-custodial parent participates in 

18 a healthy marriage or responsible fatherhood pro19 gram carried out under section 403(a)(2) of the So20 cial Security Act (42 U.S.C. 603(a)(2)), under a 

21 program funded with qualified State expenditures 

22 (as defined in section 409(a)(7)(B)(i) of such Act 

23 (42 U.S.C. 609(a)(7)(B)(i))), or under any other 

24 program funded with non-Federal funds. While a 

25 child’s non-custodial parent is participating in a 


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1 healthy marriage or responsible fatherhood program 

2 that is part of the pilot program established under 

3 this section, an eligible entity participating in the 

4 pilot program— 

5 (A) shall not apply paragraph (3) of sec6 tion 408(a) of the Social Security Act (42 

7 U.S.C. 608(a)) to a family of a child receiving 

8 assistance under the State program funded 

9 under part A of title IV of such Act (42 U.S.C. 

10 601 et seq.); 

11 (B) shall not refer the child’s case to the 

12 State program funded under part D of title IV 

13 of the Social Security Act (42 U.S.C. 651 et 

14 seq.) or apply a penalty against the child’s fam15 ily based on the custodial parent’s noncoopera16 tion with child support activities with respect to 

17 the child under paragraph (2) of section 408(a) 

18 of such Act (42 U.S.C. 608(a)), but shall pro19 vide an exception to the custodial parent pursu20 ant to section 454(29)(A) of such Act (42 

21 U.S.C. 654(29)(A)); 

22 (C) shall not be subject to penalties under 

23 section 409(a)(5) of such Act (42 U.S.C. 

24 609(a)(5)); 


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1 (D) notwithstanding subparagraph (B), 

2 any such individual shall retain the right to 

3 apply for child support services under section 

4 454(4)(A)(ii) of the Social Security Act (42 

5 U.S.C. 654(4)(A)(ii)) with respect to a child of 

6 the individual; 

7 (E) if the child has an open child support 

8 case with the State agency responsible for ad9 ministering the State plan under part D of title 

10 IV of the Social Security Act (42 U.S.C. 651 et 

11 seq.), such State agency, shall suspend any ac12 tivity to establish or enforce a support order 

13 with respect to the child (other than to estab14 lish the paternity of the child), and monthly 

15 child support obligations shall be suspended and 

16 shall not accrue, but only if both parents of the 

17 child agree in writing to the suspension; and 

18 (F) if child support activities are sus19 pended in a case by agreement of both parents 

20 in accordance with subparagraph (E), may ex21 clude the case in determining applicable per22 centages based on State performance levels 

23 under section 458 of the Social Security Act 

24 (42 U.S.C. 658a), and the Secretary shall dis25 regard the case in determining whether the 


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1 State data submitted to the Secretary are com2 plete and reliable for purposes of that section 

3 and section 452 of such Act (42 U.S.C. 652). 

4 (2) ELIGIBLE ENTITY.—In this section, the 

5 term ‘‘eligible entity’’ means— 

6 (A) a State; 

7 (B) a unit of local government; or 

8 (C) an Indian tribe or tribal organization 

9 (as defined in subsections (e) and (l) of section 

10 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 5304)) that 

12 receives direct payments from the Secretary 

13 under section 455(f) of the Social Security Act 

14 (42 U.S.C. 655(f)) or has entered into a coop15 erative agreement with a State under section 

16 454(33) of such Act (42 U.S.C. 654(33)). 

17 (3) APPLICATION, SELECTION OF ELIGIBLE EN18 TITIES.— 

19 (A) APPLICATION.— 

20 (i) IN GENERAL.—To participate in 

21 the pilot program, an eligible entity shall 

22 submit an application to the Secretary at 

23 such time and in such manner as the Sec24 retary may require. 


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1 (ii) REQUIRED INFORMATION.—An 

2 application to participate in the pilot pro3 gram shall include— 

4 (I) an outline of the healthy mar5 riage or responsible fatherhood pro6 grams that the eligible entity will 

7 partner with for the purposes of par8 ticipating in the pilot program, includ9 ing a description of each the eligibility 

10 and participation criteria for each 

11 such program; 

12 (II) the goals, strategies, and de13 sired outcomes of the eligible entity’s 

14 proposed participation in the pilot 

15 program; and 

16 (III) such other information as 

17 the Secretary shall require. 

18 (B) SELECTION OF ELIGIBLE ENTITIES.— 

19 Not later than September 30, 2021, the Sec20 retary shall select at least 10 eligible entities to 

21 participate in the pilot program. 

22 (4) DURATION OF PILOT PROGRAM.—The Sec23 retary shall conduct the pilot program during the 4- 

24 year period that begins with fiscal year 2022 and 

25 ends with fiscal year 2025. 


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1 (5) DATA COLLECTION AND REPORTING.— 

2 Throughout the pilot period, an eligible entity par3 ticipating in the pilot program shall collect and re4 port to the Secretary such data related to the enti5 ty’s participation in the pilot program as the Sec6 retary shall require. 

7 (b) GAO REPORT.— 

8 (1) STUDY.—The Comptroller General of the 

9 United States shall study the implementation and 

10 impact of the pilot program established under sub11 section (a). 

12 (2) REPORT.—Not later than January 1, 2026, 

13 the Comptroller General shall submit a report to 

14 Congress on the results of the study required under 

15 paragraph (1) that includes information on the fol16 lowing: 

17 (A) How State agencies responsible for ad18 ministering the State program funded under 

19 part A of title IV of the Social Security Act (42 

20 U.S.C. 601 et seq.) and the State agency re21 sponsible for administering the State plan 

22 under part D of title IV of such Act (42 U.S.C. 

23 651 et seq.) designate healthy marriage or re24 sponsible fatherhood programs as eligible pro25 grams for purposes of the pilot program and 


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1 what types of organizations have programs so 

2 designated, including whether such programs 

3 are funded under a grant made under section 

4 403(a)(2) of such Act (42 U.S.C. 603(a)(2)), 

5 under a program funded with qualified State 

6 expenditures (as defined in section 

7 409(a)(7)(B)(i)) of such Act (42 U.S.C. 

8 609(a)(7)(B)(i))), or under any other program 

9 funded with non-Federal funds. 

10 (B) The types of activities and services 

11 designated programs provide, including the ex12 tent to which any such activities and services 

13 are intended for domestic violence victims and 

14 survivors. 

15 (C) An assessment of how the designated 

16 programs compare to other entities receiving a 

17 grant under section 403(a)(2) of such Act (42 

18 U.S.C. 603(a)(2)), under a program funded 

19 with qualified State expenditures (as defined in 

20 section 409(a)(7)(B)(i)) of such Act (42 U.S.C. 

21 609(a)(7)(B)(i))), or under any other program 

22 funded with non-Federal funds, with respect to 

23 the information described in subparagraphs (A) 

24 and (B). 


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1 (D) Recommendations for such administra2 tive or legislative action as the Comptroller 

3 General determines appropriate. 

4 SEC. 3532. CLOSURE OF CERTAIN CHILD SUPPORT EN5 FORCEMENT CASES. 

6 Section 454(4)(A) of the Social Security Act (42 

7 U.S.C. 654(4)(A)) is amended— 

8 (1) by striking clause (i) and inserting the fol9 lowing: 

10 ‘‘(i) a child living apart from one or 

11 both parents for whom (I) assistance is 

12 provided under the State program funded 

13 under part A of this title, (II) benefits or 

14 services for foster care maintenance are 

15 provided under the State program funded 

16 under part E of this title, (III) medical as17 sistance is provided under the State plan 

18 approved under title XIX, or (IV) coopera19 tion is required pursuant to section 6(l)(1) 

20 of the Food and Nutrition Act of 2008 (7 

21 U.S.C. 2015(l)(1)) unless, in accordance 

22 with paragraph (29), good cause or other 

23 exceptions exist, or in the event that the 

24 State agency becomes aware after opening 

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1 other program that both parents of the 

2 child comprise an intact 2-parent house3 hold (even if a parent is temporarily living 

4 elsewhere), and neither parent has applied 

5 for child support services under clause (ii), 

6 in which case the State agency shall notify 

7 the referring program and each parent 

8 that the case will be closed within 60 days 

9 of the date of such notice unless either 

10 parent contacts the State agency and re11 quests that the case remain open; and’’; 

12 and 

13 (2) in clause (ii), by inserting ‘‘living apart 

14 from one or both parents’’ after ‘‘any other child’’. 

15 CHAPTER 4—PARENTING TIME SERVICES 

16 PILOT PROGRAM 

17 SEC. 3541. PARENTING TIME SERVICES PILOT PROGRAM. 

18 Part D of title IV of the Social Security Act (42 

19 U.S.C. 651 et seq.) is amended by adding at the end the 

20 following: 

21 ‘‘SEC. 469C. PARENTING TIME SERVICES PILOT PROGRAM. 

22 ‘‘(a) ESTABLISHMENT.— 

23 ‘‘(1) IN GENERAL.—Not later than June 30, 

24 2021, the Secretary shall establish a pilot program 

25 (referred to in this section as the ‘pilot program’) to 


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1 provide payments to State, local, and tribal agencies 

2 responsible for administering the program under this 

3 part (referred to in this section as ‘eligible entities’) 

4 for carrying out the activities described in subsection 

5 (d) for the purpose of promoting the inclusion of 

6 uncontested parenting time agreements in child sup7 port orders. Expenditures for activities carried out 

8 by a State, local, or tribal agency participating in 

9 the pilot program shall be treated as expenditures 

10 authorized under the State or tribal plan approved 

11 under this part, without regard to whether such ex12 penditures would otherwise be a permissible use of 

13 funds under such plan. 

14 ‘‘(2) NO BUDGET NEUTRALITY REQUIRED.—No 

15 budget neutrality requirement shall apply to the 

16 pilot program. 

17 ‘‘(b) APPLICATION, SELECTION OF ELIGIBLE ENTI18 TIES, AND DURATION.— 

19 ‘‘(1) APPLICATION.— 

20 ‘‘(A) IN GENERAL.—To participate in the 

21 pilot program, an eligible entity shall submit an 

22 application to the Secretary at such time and in 

23 such manner as the Secretary may require. 


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1 ‘‘(B) REQUIRED INFORMATION.—An appli2 cation to participate in the pilot program shall 

3 include the following: 

4 ‘‘(i) The identity of the courts or judi5 cial or administrative agencies with which 

6 the eligible entity will coordinate activities 

7 carried out under the pilot program. 

8 ‘‘(ii) The identity of the local, State, 

9 or national level domestic violence shelter 

10 and service organization with which the eli11 gible entity will partner with to develop 

12 and implement the procedures to address 

13 domestic violence required under sub14 section (d). 

15 ‘‘(iii) A description of the role and re16 sponsibilities of each of such partner with 

17 respect to developing and implementing the 

18 procedures required under subsection (d), 

19 and of the resources that each partner will 

20 contribute to developing and implementing 

21 such procedures. 

22 ‘‘(iv) Such other information as the 

23 Secretary shall require. 

24 ‘‘(2) SELECTION OF ELIGIBLE ENTITIES.—Not 

25 later than September 30, 2021, the Secretary shall 


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1 select at least 12 eligible entities to participate in 

2 the pilot program, at least two of which shall be 

3 tribal agencies described in subsection (b). 

4 ‘‘(3) DURATION OF PILOT PROGRAM.—The Sec5 retary shall conduct the pilot program during the 5- 

6 year period that begins with fiscal year 2022 and 

7 ends with fiscal year 2026. 

8 ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible entity 

9 participating in the pilot program shall carry out the fol10 lowing activities: 

11 ‘‘(1) Establishing parent time plans in conjunc12 tion with the establishment of a child support order. 

13 ‘‘(2) Coordinating with the custodial and non14 custodial parent when establishing a parent time 

15 plan. 

16 ‘‘(3) Supervising and facilitating parents’ visita17 tion and access to their children, including virtual 

18 visitation in situations where in-person visitation is 

19 not practicable. 

20 ‘‘(4) Providing parents with legal information 

21 and referrals related to parenting time. 

22 ‘‘(5) Coordinating with domestic violence shelter 

23 and service organizations. 

24 ‘‘(6) Employing a staff member to serve as a 

25 domestic violence coordinator. 


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1 ‘‘(7) Such other activities related to promoting 

2 the inclusion of uncontested parenting time agree3 ments in child support orders as the Secretary may 

4 approve. 

5 ‘‘(d) PROGRAM REQUIREMENTS.—As a condition of 

6 receiving payments under the pilot program, an eligible 

7 entity shall meet the following requirements: 

8 ‘‘(1) PROCEDURES TO ADDRESS DOMESTIC VIO9 LENCE.—Not later than 3 months after the eligible 

10 entity is selected to participate in the pilot program, 

11 the eligible entity, in consultation with the State do12 mestic violence coalition (as defined in section 

13 302(11) of the Family Violence Prevention and 

14 Services Act (42 U.S.C. 10402(11))) and the domes15 tic violence shelter and service organization with 

16 which the entity is partnering, shall do the following: 

17 ‘‘(A) Develop, and submit to the Secretary 

18 for approval, written protocols for use by the el19 igible entity in carrying out activities under the 

20 pilot program that are based on comprehensive 

21 and evidence-based practices and tools for— 

22 ‘‘(i) identifying instances of domestic 

23 violence and situations where there is a 

24 risk of domestic violence; 


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1 ‘‘(ii) responding to any instances of 

2 domestic violence and situations where 

3 there is a risk of domestic violence that are 

4 so identified, including by making referrals 

5 to domestic violence intervention and pre6 vention services, assisting with safety plan7 ning, and providing protections and other 

8 appropriate assistance to individuals and 

9 families who are victims or potential vic10 tims of domestic violence; 

11 ‘‘(iii) addressing confidentiality issues 

12 related to identifying and responding to in13 stances of domestic violence and situations 

14 where there is a risk of domestic violence; 

15 and 

16 ‘‘(iv) providing domestic violence 

17 awareness and intervention and prevention 

18 training to ensure the effective and con19 sistent implementation of the protocols de20 veloped under this subparagraph. 

21 ‘‘(B) Build the capacity of the staff of the 

22 eligible entity and the domestic violence shelter 

23 and service organization partner of the entity to 

24 communicate with parents about domestic vio25 lence. 


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1 ‘‘(C) Appoint a staff member of the eligible 

2 entity or the domestic violence shelter and serv3 ice organizations to serve as the domestic vio4 lence coordinator for purposes of the activities 

5 carried out under the pilot program. 

6 ‘‘(D) Submit a final report to the Sec7 retary describing— 

8 ‘‘(i) the protocols established by the 

9 eligible entity to address domestic violence; 

10 and 

11 ‘‘(ii) any issues that the eligible entity 

12 encountered in implementing such proto13 cols and if so, how the eligible entity ad14 dressed such issues. 

15 ‘‘(2) DATA COLLECTION AND REPORTING.— 

16 Throughout the pilot period, an eligible entity par17 ticipating in the pilot program shall collect and re18 port to the Secretary such data related to the enti19 ty’s participation in the pilot program as the Sec20 retary shall require. 

21 ‘‘(e) PAYMENTS TO ELIGIBLE ENTITIES.— 

22 ‘‘(1) IN GENERAL.—For each quarter during 

23 the pilot period described in subsection (b)(3), the 

24 Secretary shall pay to each eligible entity partici25 pating in the pilot program an amount equal to the 


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1 applicable percentage specified in paragraph (2) of 

2 the amounts expended by the entity during the quar3 ter to carry out the pilot program. Such payments 

4 shall be made in addition to, and as part of, the 

5 quarterly payment made to the eligible entity under 

6 section 455(a)(1). Amounts expended by an eligible 

7 entity participating in the pilot program shall be 

8 treated as amounts expended for a purpose for 

9 which a quarterly payment is available under section 

10 455(a)(1)(A), without regard to whether payment 

11 would otherwise be available under such section in 

12 the absence of the pilot program (and subject to the 

13 application of the applicable percentage for such 

14 quarter under paragraph (2) in lieu of the percent15 age that would otherwise apply under such section 

16 (if any)). 

17 ‘‘(2) APPLICABLE PERCENTAGE.—The applica18 ble percentage specified in this paragraph is— 

19 ‘‘(A) in the case of payments made for the 

20 first 8 quarters of the pilot period, 100 percent; 

21 and 

22 ‘‘(B) in the case of payments made for 

23 each subsequent quarter of the pilot period, 66 

24 percent (80 percent in the case of an eligible 

25 entity that is a tribal agency). 


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1 ‘‘(3) SUNSET FOR PAYMENTS.—In no case may 

2 payments be provided by the Secretary for amounts 

3 expended by an eligible entity to carry out the pilot 

4 program for any quarter of a fiscal year after fiscal 

5 year 2026. 

6 ‘‘(f) EVALUATION OF PILOT PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall con8 duct (directly or by grant, contract, or interagency 

9 agreement) a comprehensive evaluation of the pilot 

10 program that satisfies the requirements of this sub11 section. 

12 ‘‘(2) DEADLINE.—Not later than 1 year after 

13 the pilot program ends, the Secretary shall submit 

14 to Congress a report containing the results of such 

15 comprehensive evaluation. 

16 ‘‘(3) EVALUATION REQUIREMENTS.— 

17 ‘‘(A) IN GENERAL.—A comprehensive eval18 uation satisfies the requirements of this sub19 section if— 

20 ‘‘(i) the evaluation is designed to iden21 tify successful activities for creating oppor22 tunities for developing and sustaining par23 enting time to— 

24 ‘‘(I) build evidence of the effec25 tiveness of such activities; 


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1 ‘‘(II) determine the lessons 

2 learned (including barriers to success) 

3 from such activities; and 

4 ‘‘(III) to the extent practicable, 

5 help build local evaluation capacity, 

6 including the capacity to use evalua7 tion data to inform continuous pro8 gram improvement; and 

9 ‘‘(ii) the evaluation includes research 

10 designs that encourage innovation and re11 flect the nature of the activities under12 taken, successful implementation efforts, 

13 and the needs of the communities, without 

14 prioritizing efficacy research over effective15 ness research. 

16 ‘‘(B) RANDOMIZED CONTROLLED

17 TRIALS.—A comprehensive evaluation con18 ducted in accordance with this subsection may, 

19 but shall not be required to, include a random20 ized controlled trial. 

21 ‘‘(4) REPORT REQUIREMENTS.—The report on 

22 the comprehensive evaluation conducted in accord23 ance with this subsection shall include the following: 

24 ‘‘(A) An assessment of the process used to 

25 assist parents in developing and establishing 


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1 parenting time agreements and the number of 

2 parenting time agreements established during 

3 the pilot program. 

4 ‘‘(B) An assessment of the impact of the 

5 pilot program on child support payment out6 comes, including payment behaviors such as the 

7 amount of monthly payments, the frequency of 

8 monthly payments, and the frequency and type 

9 of non-financial assistance. 

10 ‘‘(C) An assessment of the access barriers 

11 to establishing and complying with parenting 

12 time agreements, and the effectiveness of meth13 ods used by the pilot projects to address bar14 riers. 

15 ‘‘(D) An assessment of the impact of the 

16 pilot program on co-parenting quality. 

17 ‘‘(E) An assessment of the impact of the 

18 pilot program on relationships between custo19 dial and non-custodial parents. 

20 ‘‘(F) An assessment of the impact of the 

21 pilot program on relationships between non-cus22 todial parents and their children. 

23 ‘‘(G) Data on the incidence and prevalence 

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1 custodial parents during the course of the pilot 

2 program. 

3 ‘‘(H) A detailed description of the proce4 dures used to address incidents of domestic vio5 lence between custodial and non-custodial par6 ents during the course of the pilot program. 

7 ‘‘(I) An assessment of the impact of the 

8 pilot program on increasing custodial and non9 custodial parents’ knowledge about domestic vi10 olence. 

11 ‘‘(5) APPROPRIATION.—Out of any money in 

12 the Treasury not otherwise appropriated, there is 

13 appropriated to the Secretary to carry out this sub14 section $1,000,000 for each of fiscal years 2022 

15 through 2026, to remain available until expended. 

16 ‘‘(g) DOMESTIC VIOLENCE DEFINED.—In this sec17 tion, the term ‘domestic violence’ means violence between 

18 intimate partners, which involves any form of physical vio19 lence, sexual violence, stalking, or psychological aggres20 sion, by a current or former intimate partner.’’. 


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1 CHAPTER 5—IMPROVEMENTS TO THE 

2 CHILD SUPPORT PASS-THROUGH RE3 QUIREMENTS 

4 SEC. 3551. CHILD SUPPORT PASS-THROUGH PROGRAM IM5 PROVEMENTS. 

6 (a) PASS-THROUGH OF ALL CURRENT SUPPORT

7 AMOUNTS AND ARREARAGES COLLECTED FOR CURRENT

8 AND FORMER TANF FAMILIES.—Section 457 of the So9 cial Security Act (42 U.S.C. 657) is amended— 

10 (1) in subsection (a), in the matter preceding 

11 paragraph (1), by striking ‘‘and (e)’’ and inserting 

12 ‘‘, (e), (f), and (g)’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(f) DISTRIBUTION OF CURRENT SUPPORT AMOUNT

15 AND ARREARAGES COLLECTED FOR TANF FAMILIES.— 

16 ‘‘(1) TANF FAMILIES.—Subject to subsections 

17 (d), (e), and (g), beginning October 1, 2023— 

18 ‘‘(A) paragraph (1) of subsection (a) shall 

19 no longer apply to the distribution of amounts 

20 collected on behalf of a TANF family as sup21 port by a State pursuant to a plan approved 

22 under this part; 

23 ‘‘(B) the State shall pay to a TANF family 

24 all of the current support amount collected by 

25 the State on behalf of the family and all of any 


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1 excess amount collected on behalf of the family 

2 to the extent necessary to satisfy support ar3 rearages; and 

4 ‘‘(C) for purposes of determining eligibility 

5 for, and the amount and type of, assistance 

6 from the State under the State program funded 

7 under part A, the State shall disregard the cur8 rent support amount paid to a TANF family 

9 and shall disregard the current support amount 

10 paid to any family that is an applicant for as11 sistance under the State program funded under 

12 part A. 

13 ‘‘(2) FORMER TANF FAMILIES.— 

14 ‘‘(A) IN GENERAL.—Subject to subsections 

15 (e) and (g), beginning October 1, 2025— 

16 ‘‘(i) subsection (a)(2) shall no longer 

17 apply to the distribution of amounts col18 lected on behalf of a former TANF family 

19 as support by a State pursuant to a plan 

20 approved under this part or to support ob21 ligations assigned by the family; and 

22 ‘‘(ii) the State shall pay to a former 

23 TANF family all of the current support 

24 amount collected by the State on behalf of 

25 the family and all of any excess amount 


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1 collected on behalf of the family to the ex2 tent necessary to satisfy support arrear3 ages (and the State shall treat amounts 

4 collected pursuant to an assignment by the 

5 family as if the amounts had never been 

6 assigned and shall distribute the amounts 

7 to the family in accordance with subsection 

8 (a)(4)). 

9 ‘‘(B) STATE OPTION FOR EARLIER IMPLE10 MENTATION.—A State may elect to apply sub11 paragraph (A) to the distribution of amounts 

12 collected on behalf of a former TANF family as 

13 support by a State pursuant to a plan approved 

14 under this part beginning on the first day of 

15 any quarter of fiscal year 2024 or 2025. 

16 ‘‘(3) DEFINITIONS.—In this subsection: 

17 ‘‘(A) TANF FAMILY.—The term ‘TANF 

18 family’ means a family receiving assistance 

19 from the State under the State program funded 

20 under part A. 

21 ‘‘(B) FORMER TANF FAMILY.—The term 

22 ‘former TANF family’ means a family that for23 merly received assistance from the State under 

24 the State program funded under part A. 


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1 ‘‘(C) EXCESS AMOUNT.—The term ‘excess 

2 amount’ means, with respect to amounts col3 lected by a State as support on behalf of a fam4 ily, the amount by which such amount collected 

5 exceeds the current support amount.’’. 

6 (b) TEMPORARY INCREASE IN MATCHING RATE.— 

7 Section 455(a)(3) of such Act (42 U.S.C. 655(a)(3)) is 

8 amended to read as follows: 

9 ‘‘(3)(A) The Secretary shall pay to each State, for 

10 each quarter of fiscal years 2022 and 2023, 90 percent 

11 of so much of the State expenditures described in para12 graph (1)(B) for the quarter as the Secretary finds are 

13 for a system meeting the requirements specified in sec14 tions 454(16) and 454A. 

15 ‘‘(B) In the case of a State which elects the option 

16 under subparagraph (B) of section 457(f)(2) to apply sub17 paragraph (A) of that section to the distribution of 

18 amounts collected on behalf of a former TANF family (as 

19 defined in subparagraph (B) of section 457(f)(3)) as sup20 port by a State pursuant to a plan approved under this 

21 part beginning on the first day of any quarter of fiscal 

22 year 2024 or 2025, the Secretary shall pay to the State 

23 for each quarter of fiscal year 2024 and 2025 for which 

24 such an election has been made, 90 percent of so much 

25 of the State expenditures described in paragraph (1)(B) 


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1 for the quarter as the Secretary finds are for a system 

2 meeting the requirements specified in sections 454(16) 

3 and 454A. 

4 ‘‘(C) This paragraph shall not apply to State expendi5 tures described in paragraph (1)(B) for any quarter begin6 ning on or after September 30, 2024 (September 30, 

7 2023, in the case of a State that does not elect the option 

8 described in subparagraph (B)).’’. 

9 (c) TRANSITION TO ELIMINATION OF EXCEPTED

10 PORTION FOR PASS-THROUGH DISREGARD OPTION.— 

11 (1) IN GENERAL.—Subparagraph (B) of section 

12 457(a)(6) of such Act (42 U.S.C. 657(a)(6)) is 

13 amended to read as follows: 

14 ‘‘(B) FAMILIES THAT CURRENTLY RE15 CEIVE ASSISTANCE UNDER PART A.—During 

16 each of fiscal years 2021, 2022, and 2023, in 

17 the case of a family that receives assistance 

18 from the State under the State program funded 

19 under part A, a State shall not be required to 

20 pay to the Federal Government the Federal 

21 share of an amount collected on behalf of a 

22 family receiving assistance from the State 

23 under the State program funded under part A 

24 to the extent that the State— 


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1 ‘‘(i) pays the amount to the family; 

2 and 

3 ‘‘(ii) disregards all of the amount col4 lected that does not exceed the current 

5 support amount for purposes of deter6 mining the family’s eligibility for, and the 

7 amount and type of, assistance from the 

8 State under the State program funded 

9 under part A.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 457(a)(6) of such Act (42 U.S.C. 657(a)(6)) is 

12 amended in the heading, by inserting ‘‘; TRANSITION

13 TO ELIMINATION OF EXCEPTED PORTION’’ after 

14 ‘‘PARTICIPATION’’. 

15 (d) AMOUNTS COLLECTED ON BEHALF OF FAMILIES

16 RECEIVING FOSTER CARE MAINTENANCE PAYMENTS.— 

17 (1) IN GENERAL.—Section 457 of such Act (42 

18 U.S.C. 657) as amended by subsection (a), is fur19 ther amended by adding at the end the following: 

20 ‘‘(g) DISTRIBUTION OF AMOUNTS COLLECTED ON

21 BEHALF OF A CHILD FOR WHOM FOSTER CARE MAINTE22 NANCE PAYMENTS ARE BEING MADE.— 

23 ‘‘(1) IN GENERAL.—Beginning October 1, 

24 2023— 


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1 ‘‘(A) subsection (e) shall no longer apply to 

2 the distribution of amounts collected by a State 

3 as child support for months in any period on 

4 behalf of a child for whom a public agency is 

5 making foster care maintenance payments 

6 under part E; 

7 ‘‘(B) with respect to the current support 

8 amount collected by the State on behalf of the 

9 child, the State shall elect to— 

10 ‘‘(i) pay such amount to a foster par11 ent of the child or a kinship caregiver for 

12 the child whenever practicable, or to the 

13 person responsible for meeting the child’s 

14 day-to-day needs; or 

15 ‘‘(ii) deposit such amount in a savings 

16 account to be used for the child’s future 

17 needs in the event of the child’s reunifica18 tion with family from which the child was 

19 removed (including for reunification serv20 ices for the child and family); 

21 ‘‘(C) to the extent any amount collected 

22 exceeds the current support amount and, after 

23 the beginning of the period in which a public 

24 agency began making foster care maintenance 

25 payments under part E on behalf of the child, 


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1 support arrearages have accrued with respect to 

2 the child, the State shall deposit such excess 

3 amount into a savings account to be used for 

4 the child’s future needs; and 

5 ‘‘(D) when the child is returned to the 

6 family from which the child was removed, or 

7 placed for adoption, with a legal guardian, or, 

8 if adoption or legal guardianship is determined 

9 not to be safe and appropriate for a child, in 

10 some other planned, permanent living arrange11 ment, any amount in such savings account 

12 shall— 

13 ‘‘(i) if the child has attained age 18, 

14 be transferred to the child; or 

15 ‘‘(ii) if the child has not attained age 

16 18, be maintained in such account until 

17 the child attains such age, and shall be 

18 transferred to the child when the child at19 tains such age. 

20 ‘‘(2) ADMINISTRATION.—The State agency re21 sponsible for administering the program under this 

22 part shall be responsible for the distribution under 

23 this subsection of amounts collected on behalf of a 

24 child for whom a public agency is making foster care 

25 maintenance payments under part E.’’. 


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1 (2) GAO REPORT.— 

2 (A) STUDY.—The Comptroller General of 

3 the United States shall study the implementa4 tion and impact of the requirements for dis5 tribution of amounts collected on behalf of a 

6 child for whom foster care maintenance pay7 ments are being made under subsection (g) of 

8 section 457 of the Social Security Act (42 

9 U.S.C. 657) as added by paragraph (1). 

10 (B) REPORT.—Not later than January 1, 

11 2027, the Comptroller General shall submit a 

12 report to Congress on the results of the study 

13 required under paragraph (1) that includes in14 formation on the following: 

15 (i) A description of how States have 

16 elected to implement the distribution re17 quirements of such subsection, including 

18 with respect to the choices States make re19 garding how much of current support 

20 amounts are paid to foster families, saved 

21 in the event of a child’s reunification with 

22 the family from which the child was re23 moved, or saved for the child’s future 

24 needs. 


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1 (ii) A description of how States dis2 tribute or use amounts saved in the event 

3 of a child’s reunification with the family 

4 from which the child was removed, includ5 ing the extent to which such amounts are 

6 used to provide reunification services for 

7 the child and family or distributed in full 

8 to the family. 

9 (iii) Recommendations regarding best 

10 practices regarding distributions made 

11 under such subsection, along with rec12 ommendations for such administrative or 

13 legislative action as the Comptroller Gen14 eral determines appropriate. 

15 (e) DISCONTINUATION OF SUPPORT ASSIGN16 MENTS.— 

17 (1) TERMINATION OF TANF REQUIREMENT TO

18 ASSIGN SUPPORT RIGHTS TO THE STATE.—Para19 graph (3) of section 408(a) of such Act (42 U.S.C. 

20 608(a)) is amended to read as follows: 

21 ‘‘(3) NO ASSISTANCE FOR FAMILIES NOT AS22 SIGNING CERTAIN SUPPORT RIGHTS TO THE

23 STATE.— 

24 ‘‘(A) IN GENERAL.—With respect to each 

25 of fiscal years 2021, 2022, and 2023, subject to 


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1 section 457(b)(3), a State to which a grant is 

2 made under section 403 shall require, as a con3 dition of paying assistance to a family under 

4 the State program funded under this part, that 

5 a member of the family assign to the State any 

6 right the family member may have (on behalf of 

7 the family member or of any other person for 

8 whom the family member has applied for or is 

9 receiving such assistance) to support from any 

10 other person, not exceeding the total amount of 

11 assistance so paid to the family, which accrues 

12 during the period that the family receives as13 sistance under the program. 

14 ‘‘(B) SUNSET.—Subparagraph (A) shall 

15 not apply to any State or family after Sep16 tember 30, 2023.’’. 

17 (2) STATE OPTION TO DISCONTINUE SUPPORT

18 ASSIGNMENTS UNDER TANF BEFORE FISCAL YEAR

19 2023.—Section 457(b) of such Act (42 U.S.C. 

20 657(b)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(3) STATE OPTION TO DISCONTINUE SUPPORT

23 ASSIGNMENTS UNDER PART A BEFORE TERMINATION

24 OF REQUIREMENT.—A State may elect for any or all 

25 of fiscal years 2021 through 2023, to— 


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1 ‘‘(A) not require the assignment of support 

2 obligations under section 408(a)(3)(A) as a con3 dition of paying assistance to a family under 

4 the State program funded under part A; and 

5 ‘‘(B) discontinue the assignment of a sup6 port obligation described in such section, and 

7 treat amounts collected pursuant to the assign8 ment as if the amounts had never been assigned 

9 and distribute the amounts to the family.’’. 

10 (f) ELIMINATION OF OPTION TO APPLY FORMER

11 DISTRIBUTION RULES FOR FAMILIES FORMERLY RECEIV12 ING ASSISTANCE.— 

13 (1) IN GENERAL.—Section 454 of such Act (42 

14 U.S.C. 654) is amended— 

15 (A) in paragraph (32)(C), by adding 

16 ‘‘and’’ after the semicolon; 

17 (B) in paragraph (33), by striking ‘‘; and’’ 

18 and inserting a period; and 

19 (C) by striking paragraph (34). 

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) take effect on October 1, 2023. 

22 (g) CONFORMING AMENDMENTS.— 

23 (1) Section 454B(c)(1) of such Act (42 U.S.C. 

24 654b(c)(1)) is amended by striking ‘‘457(a)’’ and in25 serting ‘‘457’’. 


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1 (2) Section 457 of such Act (42 U.S.C. 657), 

2 as amended by subsections (a) and (d), is further 

3 amended— 

4 (A) in subsection (c), in the matter pre5 ceding paragraph (1), by striking ‘‘subsection 

6 (a)’’ and inserting ‘‘subsections (a), (f), and 

7 (g)’’; and 

8 (B) in subsection (e), in the matter pre9 ceding paragraph (1), by striking ‘‘Notwith10 standing the preceding provisions of this sec11 tion, amounts’’ and inserting ‘‘Subject to sub12 section (g), amounts’’. 

13 SEC. 3552. BAN ON RECOVERY OF MEDICAID COSTS FOR 

14 BIRTHS. 

15 (a) IN GENERAL.—Section 454 of the Social Security 

16 Act (42 U.S.C. 654) is amended— 

17 (1) by striking ‘‘and’’ at the end of paragraph 

18 (33); 

19 (2) by striking the period at the end of para20 graph (34) and inserting ‘‘; and’’; and 

21 (3) by inserting after paragraph (34) the fol22 lowing: 

23 ‘‘(35) provide that the State shall not use the 

24 State program operated under this part to collect 

25 any amount owed to the State by reason of costs inVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 curred under the State plan approved under title 

2 XIX for the birth of a child for whom support rights 

3 have been assigned pursuant to section 1912.’’. 

4 (b) CLARIFICATION THAT BAN ON RECOVERY DOES

5 NOT APPLY WITH RESPECT TO INSURANCE OF A PARENT

6 WITH AN OBLIGATION TO PAY CHILD SUPPORT.—Sec7 tion 1902(a)(25)(F) of the Social Security Act (42 U.S.C. 

8 1396a(a)(25)(F)) is amended— 

9 (1) in clause (i), by striking ‘‘care.;’’ and insert10 ing ‘‘care; and’’; and 

11 (2) in clause (ii), by inserting ‘‘only if such 

12 third-party liability is derived through insurance,’’ 

13 before ‘‘seek’’. 

14 (c) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the amendments made by this section 

17 take effect on October 1, 2025. 

18 (2) STATE OPTION FOR EARLIER APPLICA19 TION.—A State may elect for the amendments made 

20 by this section to take effect with respect to the 

21 State plans under part D of title IV and title XIX 

22 of the Social Security Act (42 U.S.C. 671 et seq.; 

23 1396 et seq.) on the first day of any quarter of fis24 cal years 2021 through 2025. 


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1 SEC. 3553. IMPROVING STATE DOCUMENTATION AND RE2 PORTING OF CHILD SUPPORT COLLECTION 

3 DATA. 

4 (a) STATE PLAN REQUIREMENT.—Paragraph (10) of 

5 section 454(10) of the Social Security Act (42 U.S.C. 

6 654(10)) is amended to read as follows: 

7 ‘‘(10) provide that the State will— 

8 ‘‘(A) maintain a full record of collections 

9 and disbursements made under the plan and 

10 have an adequate reporting system; and 

11 ‘‘(B) document outcomes with respect to 

12 each child support obligation that is enforced by 

13 the State, including monthly support payment 

14 amounts (distinguishing between full monthly 

15 payments and partial monthly payments) and 

16 the frequency of monthly support payments for 

17 each such case and include information on such 

18 outcomes in the annual report required under 

19 paragraph (15);’’. 

20 (b) INCLUSION IN ANNUAL REPORT BY THE SEC21 RETARY.—Section 452(a)(10)(A) of such Act (42 U.S.C. 

22 652(a)(10)(A)) is amended— 

23 (1) in clause (ii), by striking ‘‘and’’ after the 

24 semicolon; 

25 (2) in clause (iii)(II), by adding ‘‘and’’ after the 

26 semicolon; and 


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1 (3) by adding at the end the following: 

2 ‘‘(iv) information on the documented 

3 outcomes with respect to each child sup4 port obligation that was enforced under a 

5 State plan approved under this part during 

6 the fiscal year, as required under para7 graph (10) of section 454 and included in 

8 the annual report required under para9 graph (15) of that section;’’. 

10 CHAPTER 6—PROGRAM FLEXIBILITY 

11 DURING THE COVID–19 PANDEMIC 

12 SEC. 3561. EMERGENCY TANF FLEXIBILITY. 

13 (a) IN GENERAL.—With respect to the period that 

14 begins on March 1, 2020, and ends September 30, 2021: 

15 (1) Sections 408(a)(2), 409(a)(5), and 

16 409(a)(8) of the Social Security Act shall have no 

17 force or effect. 

18 (2) Notwithstanding section 466(d) of such Act, 

19 the Secretary may exempt a State from any require20 ment of section 466 of such Act to respond to the 

21 COVID–19 pandemic, except that the Secretary may 

22 not exempt a State from any requirement to— 

23 (A) provide a parent with notice of a right 

24 to request a review and, if appropriate, adjust25 ment of a support order; or 


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1 (B) afford a parent the opportunity to 

2 make such a request. 

3 (3) The Secretary may not impose a penalty or 

4 take any other adverse action against a State pursu5 ant to section 452(g)(1) of such Act for failure to 

6 achieve a paternity establishment percentage of less 

7 than 90 percent. 

8 (4) The Secretary may not find that the pater9 nity establishment percentage for a State is not 

10 based on reliable data for purposes of section 

11 452(g)(1) of such Act, and the Secretary may not 

12 determine that the data which a State submitted 

13 pursuant to section 452(a)(4)(C)(i) of such Act and 

14 which is used in determining a performance level is 

15 not complete or reliable for purposes of section 

16 458(b)(5)(B) of such Act, on the basis of the failure 

17 of the State to submit OCSE Form 396 or 34 in a 

18 timely manner. 

19 (5) The Secretary may not impose a penalty or 

20 take any other adverse action against a State for 

21 failure to comply with section 454B(c)(1) or 

22 454A(g)(1)(A)(i) of such Act. 

23 (6) The Secretary may not disapprove a State 

24 plan submitted pursuant to part D of title IV of 

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1 ment of section 454(1) of such Act, and may not im2 pose a penalty or take any other adverse action 

3 against a State with such a plan that meets that re4 quirement for failure to comply with that require5 ment. 

6 (7) To the extent that a preceding provision of 

7 this section applies with respect to a provision of law 

8 applicable to a program operated by an Indian tribe 

9 or tribal organization (as defined in subsections (e) 

10 and (l) of section 4 of the Indian Self-Determination 

11 and Education Assistance Act (25 U.S.C. 450b)), 

12 that preceding provision shall apply with respect to 

13 the Indian tribe or tribal organization. 

14 (8) Any increase in the Federal medical assist15 ance percentage for a State resulting from the appli16 cation of this subsection shall not be taken into ac17 count for purposes of calculating the Federal share 

18 of assigned collections paid by the State to the Fed19 eral Government under section 457 of the Social Se20 curity Act (42 U.S.C. 657). 

21 (b) STATE DEFINED.—In subsection (a), the term 

22 ‘‘State’’ has the meaning given the term in section 

23 1101(a) of the Social Security Act for purposes of title 

24 IV of such Act. 


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1 (c) TECHNICAL CORRECTION.—Section 6008 of the 

2 Families First Coronavirus Response Act (42 U.S.C. 

3 1396d note) is amended by adding at the end the fol4 lowing: 

5 ‘‘(e) SCOPE OF APPLICATION.—An increase in the 

6 Federal medical assistance percentage for a State under 

7 this section shall not be taken into account for purposes 

8 of calculating the Federal share of assigned collections 

9 paid by the State to the Federal Government under sec10 tion 457 of the Social Security Act (42 U.S.C. 657).’’. 

11 (d) STATE PERFORMANCE YEAR FOR INCENTIVE

12 PAYMENTS.—Notwithstanding section 458 of the Social 

13 Security Act (42 U.S.C. 658a), the data which a State 

14 submitted pursuant to section 454(15)(B) of such Act (42 

15 U.S.C. 654(15)(B)) for fiscal year 2019 and which the 

16 Secretary has determined is complete and reliable shall be 

17 used to determine the performance level for each measure 

18 of State performance specified in section 458(b)(4) of such 

19 Act for each of fiscal years 2020 and 2021. 

20 SEC. 3562. 2020 RECOVERY REBATES NOT SUBJECT TO RE21 DUCTION OR OFFSET WITH RESPECT TO 

22 PAST-DUE SUPPORT. 

23 (a) IN GENERAL.—Section 2201(d)(2) of the CARES 

24 Act is amended by inserting ‘‘(c),’’ before ‘‘(d)’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to credits and refunds allowed or 

3 made after the date of the enactment of this Act. 

4 SEC. 3563. PROTECTION OF 2020 RECOVERY REBATES. 

5 (a) IN GENERAL.—Subsection (d) of section 2201 of 

6 the CARES Act (Public Law 116–136), as amended by 

7 section 3562, is further amended— 

8 (1) by redesignating paragraphs (1), (2), and 

9 (3) as subparagraphs (A), (B), and (C), and by mov10 ing such subparagraphs 2 ems to the right; 

11 (2) by striking ‘‘REDUCTION OR OFFSET.—Any 

12 credit’’ and inserting ‘‘REDUCTION, OFFSET, GAR13 NISHMENT, ETC.— 

14 ‘‘(1) IN GENERAL.—Any credit’’; and 

15 (3) by adding at the end the following new 

16 paragraphs: 

17 ‘‘(2) ASSIGNMENT OF BENEFITS.— 

18 ‘‘(A) IN GENERAL.—The right of any per19 son to any applicable payment shall not be 

20 transferable or assignable, at law or in equity, 

21 and no applicable payment shall be subject to, 

22 execution, levy, attachment, garnishment, or 

23 other legal process, or the operation of any 

24 bankruptcy or insolvency law. 


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1 ‘‘(B) ENCODING OF PAYMENTS.—As soon 

2 as practicable, but not earlier than 10 days 

3 after the date of the enactment of this para4 graph, in the case of an applicable payment 

5 that is paid electronically by direct deposit 

6 through the Automated Clearing House (ACH) 

7 network, the Secretary of the Treasury (or the 

8 Secretary’s delegate) shall— 

9 ‘‘(i) issue the payment using a unique 

10 identifier that is reasonably sufficient to 

11 allow a financial institution to identify the 

12 payment as an applicable payment, and 

13 ‘‘(ii) further encode the payment pur14 suant to the same specifications as re15 quired for a benefit payment defined in 

16 section 212.3 of title 31, Code of Federal 

17 Regulations. 

18 ‘‘(C) GARNISHMENT.— 

19 ‘‘(i) ENCODED PAYMENTS.—In the 

20 case of a garnishment order received after 

21 the date that is 10 days after the date of 

22 the enactment of this paragraph and that 

23 applies to an account that has received an 

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1 stitution shall follow the requirements and 

2 procedures set forth in part 212 of title 

3 31, Code of Federal Regulations, except a 

4 financial institution shall not, with regard 

5 to any applicable payment, be required to 

6 provide the notice referenced in sections 

7 212.6 and 212.7 of title 31, Code of Fed8 eral Regulations. This paragraph shall not 

9 alter the status of applicable payments as 

10 tax refunds or other nonbenefit payments 

11 for purpose of any reclamation rights of 

12 the Department of Treasury or the Inter13 nal Revenue Service as per part 210 of 

14 title 31 of the Code of Federal Regula15 tions. 

16 ‘‘(ii) OTHER PAYMENTS.—If a finan17 cial institution receives a garnishment 

18 order, other than an order that has been 

19 served by the United States or an order 

20 that has been served by a Federal, State, 

21 or local child support enforcement agency, 

22 that has been received by a financial insti23 tution after the date that is 10 days after 

24 the date of the enactment of this para25 graph and that applies to an account into 


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1 which an applicable payment that has not 

2 been encoded as provided in subparagraph 

3 (B) has been deposited electronically or by 

4 an applicable payment that has been de5 posited by check on any date in the 

6 lookback period, the financial institution, 

7 upon the request of the account holder, 

8 shall treat the amount of the funds in the 

9 account at the time of the request, up to 

10 the amount of the applicable payment (in 

11 addition to any amounts otherwise pro12 tected under part 212 of title 31, Code of 

13 Federal Regulations), as exempt from a 

14 garnishment order without requiring the 

15 consent of the party serving the garnish16 ment order or the judgment creditor. 

17 ‘‘(iii) LIABILITY.—A financial institu18 tion that acts in good faith in reliance on 

19 clauses (i) or (ii) shall not be subject to li20 ability or regulatory action under any Fed21 eral or State law, regulation, court or other 

22 order, or regulatory interpretation for ac23 tions concerning any applicable payments. 

24 ‘‘(D) DEFINITIONS.—For purposes of this 

25 paragraph— 


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1 ‘‘(i) ACCOUNT HOLDER.—The term 

2 ‘account holder’ means a natural person 

3 whose name appears in a financial institu4 tion’s records as the direct or beneficial 

5 owner of an account. 

6 ‘‘(ii) ACCOUNT REVIEW.—The term 

7 ‘account review’ means the process of ex8 amining deposits in an account to deter9 mine if an applicable payment has been de10 posited into the account during the 

11 lookback period. The financial institution 

12 shall perform the account review following 

13 the procedures outlined in section 212.5 of 

14 title 31, Code of Federal Regulations and 

15 in accordance with the requirements of sec16 tion 212.6 of title 31, Code of Federal 

17 Regulations. 

18 ‘‘(iii) APPLICABLE PAYMENT.—The 

19 term ‘applicable payment’ means any pay20 ment of credit or refund by reason of sec21 tion 6428 of the Internal Revenue Code of 

22 1986 (as so added) or by reason of sub23 section (c) of this section. 


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1 ‘‘(iv) GARNISHMENT.—The term ‘gar2 nishment’ means execution, levy, attach3 ment, garnishment, or other legal process. 

4 ‘‘(v) GARNISHMENT ORDER.—The 

5 term ‘garnishment order’ means a writ, 

6 order, notice, summons, judgment, levy, or 

7 similar written instruction issued by a 

8 court, a State or State agency, a munici9 pality or municipal corporation, or a State 

10 child support enforcement agency, includ11 ing a lien arising by operation of law for 

12 overdue child support or an order to freeze 

13 the assets in an account, to effect a gar14 nishment against a debtor. 

15 ‘‘(vi) LOOKBACK PERIOD.—The term 

16 ‘lookback period’ means the two-month pe17 riod that begins on the date preceding the 

18 date of account review and ends on the 

19 corresponding date of the month two 

20 months earlier, or on the last date of the 

21 month two months earlier if the cor22 responding date does not exist.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the date of the enactment 

25 of this Act. 


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1 CHAPTER 7—EFFECTIVE DATE 

2 SEC. 3571. EFFECTIVE DATE. 

3 (a) IN GENERAL.—Except as otherwise provided in 

4 this subtitle, the amendments made by this subtitle shall 

5 take effect on the date of enactment of this Act and shall 

6 apply to payments under parts A and D of title IV of the 

7 Social Security Act for calendar quarters beginning on or 

8 after such date, and without regard to whether regulations 

9 to implement the amendments (in the case of State pro10 grams operated under such part D) are promulgated by 

11 such date. 

12 (b) EXCEPTION FOR STATE PLANS REQUIRING

13 STATE LAW AMENDMENTS.—In the case of a State plan 

14 under part A or D of title IV of the Social Security Act 

15 which the Secretary determines requires State legislation 

16 in order for the plan to meet the additional requirements 

17 imposed by the amendments made by this subtitle, the ef18 fective date of the amendments imposing the additional 

19 requirements shall be 3 months after the first day of the 

20 first calendar quarter beginning after the close of the first 

21 regular session of the State legislature that begins after 

22 the date of the enactment of this Act. For purposes of 

23 the preceding sentence, in the case of a State that has 

24 a 2-year legislative session, each year of the session shall 


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1 be considered to be a separate regular session of the State 

2 legislature. 

3 TITLE IV—CAPITAL AND SUP4 PORT FOR SMALL BUSI5 NESSES 

6 Subtitle A—More Lending to Small 

7 Businesses in Communities of 

8 Color 

9 SEC. 4101. COMMUNITY ADVANTAGE LOAN PROGRAM. 

10 Section 7(a) of the Small Business Act (15 U.S.C. 

11 636(a)) is amended by adding at the end the following: 

12 ‘‘(37) COMMUNITY ADVANTAGE LOAN PRO13 GRAM.— 

14 ‘‘(A) PURPOSES.—The purposes of the 

15 Community Advantage Loan Program are— 

16 ‘‘(i) to create a mission-oriented loan 

17 guarantee program that builds on the dem18 onstrated success of the Community Ad19 vantage Pilot Program of the Administra20 tion, as established in 2011, to reach more 

21 underserved small business concerns; 

22 ‘‘(ii) to increase lending to small busi23 ness concerns in underserved and rural 

24 markets, including veterans and members 

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1 ness concerns owned and controlled by so2 cially and economically disadvantaged indi3 viduals (as defined in section 8(d)(3)(C)), 

4 women, and startups; 

5 ‘‘(iii) to ensure that the program 

6 under this subsection (in this paragraph 

7 referred to as the ‘7(a) loan program’) is 

8 more inclusive and more broadly meets 

9 congressional intent to reach borrowers 

10 who are unable to get credit elsewhere on 

11 reasonable terms and conditions; 

12 ‘‘(iv) to help underserved small busi13 ness concerns become bankable by utilizing 

14 the small-dollar financing and business 

15 support experience of mission-oriented 

16 lenders; 

17 ‘‘(v) to allow certain mission-oriented 

18 lenders, primarily nonprofit financial inter19 mediaries focused on economic develop20 ment in underserved markets, access to 

21 guarantees for loans under this subsection 

22 (in this paragraph referred to as ‘7(a) 

23 loans’) of not more than $350,000 and 

24 provide management and technical assist25 ance to small business concerns as needed; 


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1 ‘‘(vi) to provide certainty for the lend2 ing partners that make loans under this 

3 subsection and to attract new lenders; and 

4 ‘‘(vii) to encourage collaboration be5 tween mission-oriented and conventional 

6 lenders under this subsection in order to 

7 support underserved small business con8 cerns. 

9 ‘‘(B) DEFINITIONS.—In this paragraph— 

10 ‘‘(i) the term ‘covered institution’ 

11 means— 

12 ‘‘(I) a development company, as 

13 defined in section 103 of the Small 

14 Business Investment Act of 1958 (15 

15 U.S.C. 662), participating in the 504 

16 Loan Guaranty program established 

17 under title V of that Act (15 U.S.C. 

18 695 et seq.); 

19 ‘‘(II) a nonprofit intermediary, as 

20 defined in subsection (m)(11), partici21 pating in the microloan program 

22 under subsection (m); 

23 ‘‘(III) a non-Federally regulated 

24 entity certified as a community devel25 opment financial institution by the 


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1 Community Development Financial 

2 Institutions Fund established under 

3 section 104(a) of the Riegle Commu4 nity Development and Regulatory Im5 provement Act of 1994 (12 U.S.C. 

6 4703(a)); and 

7 ‘‘(IV) an eligible intermediary, as 

8 defined in subsection (l)(1), partici9 pating in the Intermediary Lending 

10 Program established under subsection 

11 (l)(2); 

12 ‘‘(ii) the term ‘new business’ means a 

13 small business concern that has been exist14 ence for not more than 2 years; 

15 ‘‘(iii) the term ‘program’ means the 

16 Community Advantage Loan Program es17 tablished under subparagraph (C); 

18 ‘‘(iv) the term ‘Reservist’ means a 

19 member of a reserve component of the 

20 Armed Forces named in section 10101 of 

21 title 10, United States Code; 

22 ‘‘(v) the term ‘rural area’ has the 

23 meaning given the term in subsection 

24 (m)(11); 


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1 ‘‘(vi) the term ‘service-connected’ has 

2 the meaning given the term in section 101 

3 of title 38, United States Code; 

4 ‘‘(vii) the term ‘small business con5 cern in an underserved market’ means a 

6 small business concern— 

7 ‘‘(I) that is located in— 

8 ‘‘(aa) a low-income or mod9 erate-income community; 

10 ‘‘(bb) a HUBZone, as de11 fined in section 31(b); 

12 ‘‘(cc) a community that has 

13 been designated as an empower14 ment zone or an enterprise com15 munity under section 1391 of the 

16 Internal Revenue Code of 1986; 

17 ‘‘(dd) a community that has 

18 been designated as a promise 

19 zone by the Secretary of Housing 

20 and Urban Development; 

21 ‘‘(ee) a community that has 

22 been designated as a qualified 

23 opportunity zone under section 

24 1400Z–1 of the Internal Revenue 

25 Code of 1986; or 


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1 ‘‘(ff) a rural area; 

2 ‘‘(II) for which more than 50 

3 percent of employees reside in a low4 or moderate-income community; 

5 ‘‘(III) that is— 

6 ‘‘(aa) a business that has 

7 not yet opened or a new business; 

8 or 

9 ‘‘(bb) growing, newly estab10 lished, or a startup, as those 

11 terms are used in subsection (m); 

12 ‘‘(IV) owned and controlled by 

13 socially and economically disadvan14 taged individuals, including Black 

15 Americans, Hispanic Americans, Na16 tive Americans, Asian Pacific Ameri17 cans, and other minorities; 

18 ‘‘(V) owned and controlled by 

19 women; 

20 ‘‘(VI) owned and controlled by 

21 veterans; 

22 ‘‘(VII) owned and controlled by 

23 service-disabled veterans; 


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1 ‘‘(VIII) not less than 51 percent 

2 of which is owned and controlled by 

3 one or more— 

4 ‘‘(aa) members of the Armed 

5 Forces participating in the Tran6 sition Assistance Program of the 

7 Department of Defense; 

8 ‘‘(bb) Reservists; 

9 ‘‘(cc) spouses of veterans, 

10 members of the Armed Forces, or 

11 Reservists; or 

12 ‘‘(dd) surviving spouses of 

13 veterans who died on active duty 

14 or as a result of a service-con15 nected disability; 

16 ‘‘(IX) that is eligible to receive a 

17 veterans advantage loan; or 

18 ‘‘(X) owned and controlled by an 

19 individual who has completed a term 

20 of imprisonment in a Federal, State, 

21 or local jail or prison; and 

22 ‘‘(viii) the term ‘small business con23 cern owned and controlled by socially and 

24 economically disadvantaged individuals’ 


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1 has the meaning given the term in section 

2 8(d)(3)(C). 

3 ‘‘(C) ESTABLISHMENT.—There is estab4 lished a Community Advantage Loan Program 

5 under which the Administration may guarantee 

6 loans made by covered institutions under this 

7 subsection, including loans made to small busi8 ness concerns in an underserved market. 

9 ‘‘(D) PROGRAM LEVELS.—In each of fiscal 

10 years 2021, 2022, 2023, 2024, and 2025, not 

11 more than 10 percent of the number of loans 

12 guaranteed under this subsection may be guar13 anteed under the program. 

14 ‘‘(E) NEW LENDERS.— 

15 ‘‘(i) FISCAL YEARS 2021 AND 2022.—In 

16 each of fiscal years 2021 and 2022— 

17 ‘‘(I) not more than 150 covered 

18 institutions shall participate in the 

19 program; and 

20 ‘‘(II) the Administrator shall 

21 allow for new applicants and give pri22 ority to applications submitted by any 

23 covered institution that is located in 

24 an area with insufficient or no lending 

25 under the program. 


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1 ‘‘(ii) FISCAL YEARS 2023, 2024, AND

2 2025.— 

3 ‘‘(I) IN GENERAL.—In each of 

4 fiscal years 2023, 2024, and 2025— 

5 ‘‘(aa) except as provided in 

6 subclause (II), not more than 

7 175 covered institutions shall 

8 participate in the program; and 

9 ‘‘(bb) the Administrator 

10 shall allow for new applicants 

11 and give priority to applications 

12 submitted by any covered institu13 tion that is located in an area 

14 with insufficient or no lending 

15 under the program. 

16 ‘‘(II) EXCEPTION FOR FISCAL

17 YEAR 2025.—In fiscal year 2025, not 

18 more than 200 covered institutions 

19 may participate in the program if— 

20 ‘‘(aa) after reviewing the re21 port under subparagraph (M), 

22 the Administrator determines 

23 that not more than 200 covered 

24 institutions may participate in 

25 the program; 


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1 ‘‘(bb) the Administrator no2 tifies Congress in writing of the 

3 determination of the Adminis4 trator under item (aa); and 

5 ‘‘(cc) not later than July 30, 

6 2024, the Administrator notifies 

7 the public of the determination of 

8 the Administrator under item 

9 (aa). 

10 ‘‘(F) GRANDFATHERING OF EXISTING

11 LENDERS.—Any covered institution that par12 ticipated in the Community Advantage Pilot 

13 Program of the Administration and is in good 

14 standing on the day before the date of enact15 ment of this paragraph— 

16 ‘‘(i) shall retain designation in the 

17 program; and 

18 ‘‘(ii) shall not be required to submit 

19 an application to participate in the pro20 gram. 

21 ‘‘(G) REQUIREMENT TO MAKE LOANS TO

22 UNDERSERVED MARKETS.—Not less than 75 

23 percent of loans made by a covered institution 

24 under the program shall consist of loans made 


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1 to small business concerns in an underserved 

2 market. 

3 ‘‘(H) MAXIMUM LOAN AMOUNT.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the maximum loan 

6 amount for a loan guaranteed under the 

7 program is $250,000. 

8 ‘‘(ii) EXCEPTION.— 

9 ‘‘(I) IN GENERAL.—The Admin10 istration may, in the discretion of the 

11 Administration, approve a guarantee 

12 of a loan under the program that is 

13 more than $250,000 and not more 

14 than $350,000. 

15 ‘‘(II) NOTIFICATION.—Not later 

16 than 2 days after receiving a request 

17 for an exception to the maximum loan 

18 amount established under clause (i), 

19 the Administration shall— 

20 ‘‘(aa) review the request; 

21 and 

22 ‘‘(bb) provide a decision re23 garding the request to the cov24 ered institution making the loan. 


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1 ‘‘(I) TRAINING AND TECHNICAL ASSIST2 ANCE.—The Administration— 

3 ‘‘(i) shall, in person and online, pro4 vide upfront and ongoing training and 

5 technical assistance for covered institutions 

6 making loans under the program in order 

7 to support prudent lending standards and 

8 improve the interface between the covered 

9 institutions and the Administration, which 

10 shall include— 

11 ‘‘(I) guidance for following the 

12 regulations of the Administration, in13 cluding best practices for maintaining 

14 healthy portfolios of loans; and 

15 ‘‘(II) directions for covered insti16 tutions to do what is in the best inter17 est of the borrowers, including by en18 suring to the maximum extent pos19 sible that those borrowers are in20 formed about loans with the most fa21 vorable terms for those borrowers; 

22 ‘‘(ii) shall ensure that the training 

23 and technical assistance described in clause 

24 (i) is provided for free or at a low cost; 


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1 ‘‘(iii) may enter into a contract to 

2 provide the training or technical assistance 

3 described in clause (i) with an organization 

4 with expertise in lending under this sub5 section, mission-oriented lending, and lend6 ing to underserved markets; and 

7 ‘‘(iv) shall ensure that covered institu8 tions adequately report the extent to which 

9 the covered institutions take the actions re10 quired under clause (i)(II). 

11 ‘‘(J) DELEGATED AUTHORITY.—A covered 

12 institution is not eligible to receive delegated 

13 authority from the Administration under the 

14 program until the covered institution makes not 

15 less than 10 loans under the program, unless 

16 the Administration determines otherwise after 

17 an opportunity for public comment for a period 

18 of not less than 30 days before implementing 

19 such a change. 

20 ‘‘(K) REGULATIONS.— 

21 ‘‘(i) IN GENERAL.—Not later than 

22 180 days after the date of enactment of 

23 this paragraph and in accordance with the 

24 notice and comment procedures under sec25 tion 553 of title 5, United States Code, the 


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1 Administrator shall promulgate regulations 

2 to carry out the program, which shall be 

3 substantially similar to the Community Ad4 vantage Pilot Program of the Administra5 tion, as in effect on September 1, 2018, 

6 and shall— 

7 ‘‘(I) outline the requirements for 

8 participation by covered institutions in 

9 the program; 

10 ‘‘(II) define performance metrics 

11 for covered institutions participating 

12 in the program for the first time, 

13 which are required to be met in order 

14 to continue participating in the pro15 gram; 

16 ‘‘(III) establish an acceptable 

17 range of program costs and level of 

18 risk that shall be based on other loan 

19 products— 

20 ‘‘(aa) of similar size; 

21 ‘‘(bb) that use similar lend22 ers; and 

23 ‘‘(cc) that are intended to 

24 reach similar borrowers; 


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1 ‘‘(IV) determine the credit score 

2 of a small business concern under 

3 which the Administration is required 

4 to underwrite a loan provided to the 

5 small business concern under the pro6 gram and the loan may not be made 

7 using the delegated authority of a cov8 ered institution; 

9 ‘‘(V) require each covered institu10 tion that sells loans made under the 

11 program on the secondary market to 

12 establish a loan loss reserve fund, 

13 which— 

14 ‘‘(aa) with respect to cov15 ered institutions in good stand16 ing, including the covered institu17 tions described in subparagraph 

18 (F), shall be maintained at a 

19 level equal to 3 percent of the 

20 outstanding guaranteed portion 

21 of the loans; and 

22 ‘‘(bb) with respect to any 

23 other covered institution, shall be 

24 maintained at a level equal to 5 


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1 percent of the outstanding guar2 anteed portion of the loans; and 

3 ‘‘(VI) allow the Administrator to 

4 require additional amounts to be de5 posited into a loan loss reserve fund 

6 established by a covered institution 

7 under subclause (V) based on the risk 

8 characteristics or performance of the 

9 covered institution and the loan port10 folio of the covered institution. 

11 ‘‘(ii) TERMINATION OF PILOT PRO12 GRAM.—Beginning on the date on which 

13 the regulations promulgated by the Admin14 istrator under clause (i) take effect, the 

15 Administrator may not carry out the Com16 munity Advantage Pilot Program of the 

17 Administration. 

18 ‘‘(L) GAO REPORT.—Not later than 3 

19 years after the date of enactment of this para20 graph, the Comptroller General of the United 

21 States shall submit to the Administrator, the 

22 Committee on Small Business and Entrepre23 neurship of the Senate, and the Committee on 

24 Small Business of the House of Representatives 

25 a report— 


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1 ‘‘(i) assessing— 

2 ‘‘(I) the extent to which the pro3 gram fulfills the requirements of this 

4 paragraph; and 

5 ‘‘(II) the performance of covered 

6 institutions participating in the pro7 gram; and 

8 ‘‘(ii) providing recommendations on 

9 the administration of the program and the 

10 findings under subclauses (I) and (II) of 

11 clause (i). 

12 ‘‘(M) WORKING GROUP.— 

13 ‘‘(i) IN GENERAL.—Not later than 90 

14 days after the date of enactment of this 

15 paragraph, the Administrator shall estab16 lish a Community Advantage Working 

17 Group, which shall— 

18 ‘‘(I) include— 

19 ‘‘(aa) a geographically di20 verse representation of members 

21 from among covered institutions 

22 participating in the program; and 

23 ‘‘(bb) representatives from— 

24 ‘‘(AA) the Office of 

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1 ministration, including the 

2 Office of Credit Risk Man3 agement, and the Office of 

4 Financial Assistance; and 

5 ‘‘(BB) the Office of 

6 Emerging Markets; 

7 ‘‘(II) develop recommendations 

8 on how the Administration can effec9 tively manage, support, and promote 

10 the program and the mission of the 

11 program; 

12 ‘‘(III) establish metrics of suc13 cess and benchmarks that reflect the 

14 mission and population served by cov15 ered institutions under the program, 

16 which the Administration shall use to 

17 evaluate the performance of those cov18 ered institutions; 

19 ‘‘(IV) institute regular and sus20 tainable systems of communication be21 tween the Administration and covered 

22 institutions participating in the pro23 gram; and 

24 ‘‘(V) establish criteria for covered 

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1 stitutions should provide technical as2 sistance to borrowers under the pro3 gram and the scope of that technical 

4 assistance. 

5 ‘‘(ii) REPORT.—Not later than 180 

6 days after the date of enactment of this 

7 paragraph, the Administrator shall submit 

8 to the Committee on Small Business and 

9 Entrepreneurship of the Senate and the 

10 Committee on Small Business of the 

11 House of Representatives a report that in12 cludes— 

13 ‘‘(I) the recommendations of the 

14 Community Advantage Working 

15 Group established under clause (i); 

16 and 

17 ‘‘(II) a recommended plan and 

18 timeline for implementation of those 

19 recommendations.’’. 

20 SEC. 4102. SPURRING INNOVATION IN UNDERSERVED MAR21 KETS. 

22 (a) IN GENERAL.—The Small Business Act (15 

23 U.S.C. 631 et seq.) is amended— 

24 (1) by redesignating section 49 (15 U.S.C. 631 

25 note) as section 50; and 


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1 (2) by inserting after section 48 (15 U.S.C. 

2 657u) the following: 

3 ‘‘SEC. 49. INNOVATION CENTERS PROGRAM. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) ACCELERATOR.—The term ‘accelerator’ 

6 means an organization— 

7 ‘‘(A) that— 

8 ‘‘(i) works with a startup or growing 

9 small business concern for a predetermined 

10 period; and 

11 ‘‘(ii) provides mentorship and instruc12 tion to scale businesses; and 

13 ‘‘(B) that may— 

14 ‘‘(i) provide, but is not exclusively de15 signed to provide, seed investment in ex16 change for a small amount of equity; and 

17 ‘‘(ii) offer startup capital or the op18 portunity to raise capital from outside in19 vestors. 

20 ‘‘(2) FEDERALLY RECOGNIZED AREA OF ECO21 NOMIC DISTRESS.—The term ‘federally recognized 

22 area of economic distress’ means— 

23 ‘‘(A) a HUBZone; or 

24 ‘‘(B) an area that has been designated 

25 as— 


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1 ‘‘(i) an empowerment zone under sec2 tion 1391 of the Internal Revenue Code of 

3 1986; 

4 ‘‘(ii) a qualified opportunity zone 

5 under section 1400Z–1 of the Internal 

6 Revenue Code of 1986; 

7 ‘‘(iii) a Promise Zone by the Secretary 

8 of Housing and Urban Development; or 

9 ‘‘(iv) a low-income neighborhood or 

10 moderate-income neighborhood for pur11 poses of the Community Reinvestment Act 

12 of 1977 (12 U.S.C. 2901 et seq.). 

13 ‘‘(3) GROWING; NEWLY ESTABLISHED; START14 UP.—The terms ‘growing’, ‘newly established’, and 

15 ‘startup’, with respect to a small business concern, 

16 mean growing, newly established, and startup, re17 spectively, within the meaning given those terms 

18 under section 7(m). 

19 ‘‘(4) INCUBATOR.—The term ‘incubator’ means 

20 an organization— 

21 ‘‘(A) that— 

22 ‘‘(i) tends to work with startup and 

23 newly established small business concerns; 

24 and 


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1 ‘‘(ii) provides mentorship to startup 

2 and newly established small business con3 cerns; and 

4 ‘‘(B) that may— 

5 ‘‘(i) provide a co-working environment 

6 or a month-to-month lease program; and 

7 ‘‘(ii) work with a startup or newly es8 tablished small business concern for a pre9 determined period or an open-ended pe10 riod. 

11 ‘‘(5) INDIVIDUALS WITH A DISABILITY.—The 

12 term ‘individuals with a disability’ means more than 

13 one individual with a disability, as defined in section 

14 3 of the Americans with Disabilities Act of 1990 (42 

15 U.S.C. 12102). 

16 ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means— 

18 ‘‘(A) an institution described in any of 

19 paragraphs (1) through (7) of section 371(a) of 

20 the Higher Education Act of 1965 (20 U.S.C. 

21 1067q(a)); 

22 ‘‘(B) a junior or community college, as de23 fined in section 312 of the Higher Education 

24 Act of 1965 (20 U.S.C. 1058); or 


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1 ‘‘(C) any nonprofit organization associated 

2 with an entity described in subparagraph (A) or 

3 (B). 

4 ‘‘(7) RURAL AREA.—The term ‘rural area’ has 

5 the meaning given that term in section 7(m)(11). 

6 ‘‘(8) SOCIALLY AND ECONOMICALLY DISADVAN7 TAGED INDIVIDUALS.—The term ‘socially and eco8 nomically disadvantaged individual’ means a socially 

9 and economically disadvantaged individual within the 

10 meaning given that term under section 8(d)(3)(C). 

11 ‘‘(b) ESTABLISHMENT.—Not later than 18 months 

12 after the date of enactment of the Economic Justice Act, 

13 the Administrator shall develop and begin implementing 

14 a program (to be known as the ‘Innovation Centers Pro15 gram’) to enter into cooperative agreements with eligible 

16 entities under this section. 

17 ‘‘(c) PURPOSES.—The purposes of the Innovation 

18 Centers Program are to— 

19 ‘‘(1) stimulate economic growth in underserved 

20 communities by creating good paying jobs and path21 ways to prosperity, which are especially important in 

22 times of economic downturn; 

23 ‘‘(2) increase prospects for success for small 

24 business concerns in underserved communities, 


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1 which often suffer from higher business failure rates 

2 than the national average; 

3 ‘‘(3) help create a pipeline for small business 

4 concerns in underserved and rural markets into 

5 high-growth sectors, where they are generally under6 represented; 

7 ‘‘(4) help address the multi-decade decline in 

8 the rate of new business creation; 

9 ‘‘(5) close the gaps that underserved small busi10 ness concerns often have in terms of revenue and 

11 number of employees, which represent lost oppor12 tunity for the economy; and 

13 ‘‘(6) encourage collaboration between the Ad14 ministration and institutions of higher learning that 

15 serve low-income and minority communities. 

16 ‘‘(d) AUTHORITY.— 

17 ‘‘(1) IN GENERAL.—The Administrator may— 

18 ‘‘(A) enter into cooperative agreements to 

19 provide financial assistance to eligible entities 

20 to conduct 5-year projects for the benefit of 

21 startup, newly established, or growing small 

22 business concerns; and 

23 ‘‘(B) renew a cooperative agreement en24 tered into under this section for additional 3- 

25 year periods, in accordance with paragraph (3). 


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1 ‘‘(2) PROJECT REQUIREMENTS.—A project con2 ducted under a cooperative agreement under this 

3 section shall— 

4 ‘‘(A) include operating as an accelerator, 

5 an incubator, or any other small business inno6 vation-focused project as the Administrator ap7 proves; 

8 ‘‘(B) be carried out in such locations as to 

9 provide maximum accessibility and benefits to 

10 the small business concerns that the project is 

11 intended to serve; 

12 ‘‘(C) have a full-time staff, including a 

13 full-time director who shall— 

14 ‘‘(i) have the authority to make ex15 penditures under the budget of the project; 

16 and 

17 ‘‘(ii) manage the activities carried out 

18 under the project; 

19 ‘‘(D) include the joint provision of pro20 grams and services by the eligible entity and 

21 the Administration, which— 

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1 cuted cooperative agreement between the 

2 eligible entity and the Administration; and 

3 ‘‘(ii) shall include— 

4 ‘‘(I) 1-to-1 individual counseling 

5 as described in section 21(c)(3)(A); 

6 and 

7 ‘‘(II) a formal, structured 

8 mentorship program; 

9 ‘‘(E) incorporate continuous upgrades and 

10 modifications to the services and programs of11 fered under the project, as needed to meet the 

12 changing and evolving needs of the business 

13 community; 

14 ‘‘(F) involve working with underserved 

15 groups, which include— 

16 ‘‘(i) women; 

17 ‘‘(ii) socially and economically dis18 advantaged individuals; 

19 ‘‘(iii) veterans; 

20 ‘‘(iv) individuals with disabilities; or 

21 ‘‘(v) startup, newly established, or 

22 growing small business concerns located in 

23 rural areas; 

24 ‘‘(G) not impose or otherwise collect a fee 

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1 ticipation in the programs and services de2 scribed in subparagraph (D)(ii); and 

3 ‘‘(H) ensure that small business concerns 

4 participating in the project have access, includ5 ing through resource partners, to information 

6 concerning Federal, State, and local regulations 

7 that affect small business concerns. 

8 ‘‘(3) CONTINUED FUNDING.— 

9 ‘‘(A) IN GENERAL.—An eligible entity that 

10 enters into an initial cooperative agreement or 

11 a renewal of a cooperative under paragraph (1) 

12 may submit an application for a 3-year renewal 

13 of the cooperative agreement at such time, in 

14 such manner, and accompanied by such infor15 mation as the Administrator may establish. 

16 ‘‘(B) APPLICATION AND APPROVAL CRI17 TERIA.— 

18 ‘‘(i) CRITERIA.—The Administrator 

19 shall develop and publish criteria for the 

20 consideration and approval of applications 

21 for renewals by eligible entities under this 

22 paragraph, which shall take into account 

23 the structure and the stated goals of the 

24 project. 


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1 ‘‘(ii) NOTIFICATION.—Not later than 

2 60 days after the date of the deadline to 

3 submit applications for each fiscal year, 

4 the Administrator shall approve or deny 

5 any application under this paragraph and 

6 notify the applicant for each such applica7 tion. 

8 ‘‘(C) PRIORITY.—In allocating funds made 

9 available for cooperative agreements under this 

10 section, the Administrator shall give applica11 tions under this paragraph priority over first12 time applications for cooperative agreements 

13 under paragraph (1)(A). 

14 ‘‘(4) LIMIT ON USE OF FUNDS.—Amounts re15 ceived by an eligible entity under a cooperative 

16 agreement under this section may not be used to 

17 provide capital to a participant in the project carried 

18 out under the cooperative agreement. 

19 ‘‘(5) SCOPE OF AUTHORITY.— 

20 ‘‘(A) SUBJECT TO APPROPRIATIONS.—The 

21 authority of the Administrator to enter into co22 operative agreements under this section shall be 

23 in effect for each fiscal year only to the extent 

24 and in the amounts as are provided in advance 

25 in appropriations Acts. 


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1 ‘‘(B) SUSPENSION, TERMINATION, AND

2 FAILURE TO RENEW OR EXTEND.—After the 

3 Administrator has entered into a cooperative 

4 agreement with an eligible entity under this sec5 tion, the Administrator shall not suspend, ter6 minate, or fail to renew or extend the coopera7 tive agreement unless the Administrator pro8 vides the eligible entity with written notification 

9 setting forth the reasons therefore and affords 

10 the eligible entity an opportunity for a hearing, 

11 appeal, or other administrative proceeding 

12 under chapter 5 of title 5, United States Code. 

13 ‘‘(e) CRITERIA.— 

14 ‘‘(1) IN GENERAL.—The Administrator shall— 

15 ‘‘(A) establish and rank in terms of rel16 ative importance the criteria the Administrator 

17 shall use in awarding cooperative agreements 

18 under this section, which shall include— 

19 ‘‘(i) whether the proposed project will 

20 be located in— 

21 ‘‘(I) a federally recognized area 

22 of economic distress; 

23 ‘‘(II) a rural area; or 

24 ‘‘(III) an area lacking sufficient 

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1 sources, as determined by the Admin2 istrator; and 

3 ‘‘(ii) whether the proposed project 

4 demonstrates a commitment to partner 

5 with core stakeholders working with small 

6 business concerns in the relevant area, in7 cluding— 

8 ‘‘(I) investment and lending orga9 nizations; 

10 ‘‘(II) nongovernmental organiza11 tions; 

12 ‘‘(III) programs of State and 

13 local governments that are concerned 

14 with aiding small business concerns; 

15 ‘‘(IV) Federal agencies; and 

16 ‘‘(V) for-profit organizations with 

17 an expertise in small business innova18 tion; 

19 ‘‘(B) make publicly available, including on 

20 the website of the Administration, and state in 

21 each solicitation for applications for cooperative 

22 agreements under this section the selection cri23 teria and ranking established under subpara24 graph (A); and 


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1 ‘‘(C) evaluate and rank applicants for co2 operative agreements under this section in ac3 cordance with the selection criteria and ranking 

4 established under subparagraph (A). 

5 ‘‘(2) CONTENTS.—The criteria established 

6 under paragraph (1)(A)— 

7 ‘‘(A) for eligible entities that have in oper8 ation an accelerator, incubator, or other small 

9 business innovation-focused project shall include 

10 the record of the eligible entity in assisting 

11 growing, newly established, and startup small 

12 business concerns, including, for each of the 3 

13 full years before the date on which the eligible 

14 entity applies for a cooperative agreement 

15 under this section, or if the accelerator, incu16 bator, or other small business innovation-fo17 cused project has been in operation for less 

18 than 3 years, for the most recent full year the 

19 accelerator, incubator, or other small business 

20 innovation-focused project was in operation— 

21 ‘‘(i) the number and retention rate of 

22 growing, newly established, and startup 

23 business concerns in the program of the el24 igible entity; 


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1 ‘‘(ii) the average period of participa2 tion by growing, newly established, and 

3 startup small business concerns in the pro4 gram of the eligible entity; 

5 ‘‘(iii) the total and median capital 

6 raised by growing, newly established, and 

7 startup small business concerns partici8 pating in the program of the eligible entity; 

9 ‘‘(iv) the number of investments or 

10 loans received by growing, newly estab11 lished, and startup small business concerns 

12 participating in the program of the eligible 

13 entity; and 

14 ‘‘(v) the total and median number of 

15 employees of growing, newly established, 

16 and startup small business concerns par17 ticipating in the program of the eligible en18 tity; and 

19 ‘‘(B) for all eligible entities— 

20 ‘‘(i) shall include whether the eligible 

21 entity— 

22 ‘‘(I) indicates the structure and 

23 goals of the project; 

24 ‘‘(II) demonstrates ties to the 

25 business community; 


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1 ‘‘(III) describes the capabilities 

2 of the project, including coordination 

3 with local resource partners and local 

4 or national lending partners of the 

5 Administration; 

6 ‘‘(IV) addresses the unique busi7 ness and economic challenges faced by 

8 the community in which the eligible 

9 entity is located and businesses in 

10 that community; and 

11 ‘‘(V) provides a proposed budget 

12 and plan for use of funds; and 

13 ‘‘(ii) may include any other criteria 

14 determined appropriate by the Adminis15 trator. 

16 ‘‘(f) PROGRAM EXAMINATION.— 

17 ‘‘(1) IN GENERAL.—The Administrator shall— 

18 ‘‘(A) develop and implement an annual 

19 programmatic and financial examination of 

20 each project conducted under this section, 

21 under which each eligible entity entering into a 

22 cooperative agreement under this section shall 

23 provide to the Administrator— 


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1 ‘‘(i) an itemized cost breakdown of ac2 tual expenditures for costs incurred during 

3 the preceding year; and 

4 ‘‘(ii) documentation regarding— 

5 ‘‘(I) the amount of matching as6 sistance from non-Federal sources ob7 tained and expended by the eligible 

8 entity during the preceding year in 

9 order to meet the matching require10 ment; and 

11 ‘‘(II) with respect to any in-kind 

12 contributions that were used to satisfy 

13 the matching requirement, verification 

14 of the existence and valuation of those 

15 contributions; and 

16 ‘‘(B) analyze the results of each examina17 tion conducted under subparagraph (A) and, 

18 based on that analysis, make a determination 

19 regarding the programmatic and financial via20 bility of each eligible entity. 

21 ‘‘(2) CONDITIONS FOR CONTINUED FUNDING.— 

22 In determining whether to continue or renew a coop23 erative agreement under this section, the Adminis24 trator— 


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1 ‘‘(A) shall consider the results of the most 

2 recent examination of the project under para3 graph (1); and 

4 ‘‘(B) may terminate or not renew a cooper5 ative agreement, if the Administrator deter6 mines that the eligible entity has failed to pro7 vide any information required to be provided 

8 (including information provided for the purpose 

9 of the annual report by the Administrator 

10 under subsection (n)) or the information pro11 vided by the eligible entity is inadequate. 

12 ‘‘(g) TRAINING AND TECHNICAL ASSISTANCE.—The 

13 Administrator— 

14 ‘‘(1) shall provide in person or online training 

15 and technical assistance to each eligible entity enter16 ing into a cooperative agreement under this section 

17 at the beginning of the participation of the eligible 

18 entity in the Innovation Centers Program, or as re19 quested by the eligible entity, in order to build the 

20 capacity of the eligible entity and ensure compliance 

21 with procedures established by the Administrator; 

22 ‘‘(2) shall ensure that the training and tech23 nical assistance described in paragraph (1) is pro24 vided at no cost or at a low cost; and 


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1 ‘‘(3) may enter into a contract to provide the 

2 training or technical assistance described in para3 graph (1) with one or more organizations with ex4 pertise in the entrepreneurial development programs 

5 of the Administration, innovation, and entrepre6 neurial development. 

7 ‘‘(h) COORDINATION.—In carrying out a project 

8 under this section, an eligible entity may coordinate 

9 with— 

10 ‘‘(1) resource and lending partners of the Ad11 ministration; 

12 ‘‘(2) programs of State and local governments 

13 that are concerned with aiding small business con14 cerns; and 

15 ‘‘(3) other Federal agencies, including to pro16 vide services to and assist small business concerns in 

17 participating in the SBIR and STTR programs, as 

18 defined in section 9(e). 

19 ‘‘(i) FUNDING LIMIT.—The amount of financial as20 sistance provided to an eligible entity under a cooperative 

21 agreement entered into under this section shall be not 

22 more than $400,000 during each year. 

23 ‘‘(j) MATCHING REQUIREMENT.— 

24 ‘‘(1) IN GENERAL.—An eligible entity shall con25 tribute toward the cost of the project carried out 


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1 under the cooperative agreement under this section 

2 an amount equal to 50 percent of the amount re3 ceived under the cooperative agreement. 

4 ‘‘(2) IN-KIND CONTRIBUTIONS.—Not more than 

5 75 percent of the contribution of an eligible entity 

6 under paragraph (1) may be in the form of in-kind 

7 contributions. 

8 ‘‘(3) WAIVER.— 

9 ‘‘(A) IN GENERAL.—If the Administrator 

10 determines that an eligible entity is unable to 

11 meet the contribution requirement under para12 graph (1), the Administrator may reduce the 

13 required contribution. 

14 ‘‘(B) PRESUMPTION.— 

15 ‘‘(i) IN GENERAL.—The Administra16 tion shall, by regulation, establish criteria 

17 to determine which eligible entities are pre18 sumed to be unable to meet the contribu19 tion requirement under paragraph (1). 

20 ‘‘(ii) STAKEHOLDERS.—In estab21 lishing the criteria under clause (i), the 

22 Administrator shall work with stakeholders 

23 immediately impacted by the criteria. 

24 ‘‘(iii) PERIODIC REVIEW.—The Ad25 ministration shall periodically, but not less 


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1 than once every 5 years, review the criteria 

2 established under clause (i) to ensure that 

3 the criteria align with economic conditions. 

4 ‘‘(4) FAILURE TO OBTAIN NON-FEDERAL FUND5 ING.—If an eligible entity fails to obtain the re6 quired non-Federal contribution during any project, 

7 or the reduced non-Federal contribution as deter8 mined by the Administrator— 

9 ‘‘(A) the eligible entity shall not be eligible 

10 thereafter for any other project for which it is 

11 or may be funded by the Administration; and 

12 ‘‘(B) prior to approving assistance for the 

13 eligible entity for any other projects, the Ad14 ministrator shall specifically determine whether 

15 the Administrator believes that the eligible enti16 ty will be able to obtain the requisite non-Fed17 eral funding and enter a written finding setting 

18 forth the reasons for making that determina19 tion. 

20 ‘‘(5) RULE OF CONSTRUCTION.—The dem21 onstrated inability of an eligible entity to meet the 

22 contribution requirement under paragraph (1) shall 

23 not disqualify the eligible entity from entering into 

24 a cooperative agreement under this section. 

25 ‘‘(k) CONTRACT AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—An eligible entity may 

2 enter into a contract with a Federal department or 

3 agency to provide specific assistance to startup, 

4 newly established, or growing small business con5 cerns. 

6 ‘‘(2) PERFORMANCE.—Performance of a con7 tract entered into under paragraph (1) may not 

8 hinder the eligible entity in carrying out the terms 

9 of the cooperative agreement under this section. 

10 ‘‘(3) EXEMPTION FROM MATCHING REQUIRE11 MENT.—A contract entered into under paragraph 

12 (1) shall not be subject to the matching requirement 

13 under subsection (j). 

14 ‘‘(4) ADDITIONAL PROVISION.—Notwithstand15 ing any other provision of law, a contract for assist16 ance under paragraph (1) shall not be applied to any 

17 Federal department or agency’s small business, 

18 woman-owned business, or socially and economically 

19 disadvantaged business contracting goal under sec20 tion 15(g). 

21 ‘‘(l) PRIVACY REQUIREMENTS.— 

22 ‘‘(1) IN GENERAL.—An eligible entity may not 

23 disclose the name, address, or telephone number of 

24 any individual or small business concern receiving 


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1 assistance under this section without the consent of 

2 such individual or small business concern, unless— 

3 ‘‘(A) the Administrator is ordered to make 

4 such a disclosure by a court in any civil or 

5 criminal enforcement action initiated by a Fed6 eral or State agency; or 

7 ‘‘(B) the Administrator considers such a 

8 disclosure to be necessary for the purpose of 

9 conducting a financial audit of an eligible enti10 ty, but a disclosure under this subparagraph 

11 shall be limited to the information necessary for 

12 such audit. 

13 ‘‘(2) ADMINISTRATION USE OF INFORMATION.— 

14 This subsection shall not— 

15 ‘‘(A) restrict Administration access to pro16 gram activity data; or 

17 ‘‘(B) prevent the Administration from 

18 using client information (other than the infor19 mation described in subparagraph (A)) to con20 duct client surveys. 

21 ‘‘(3) REGULATIONS.—The Administrator shall 

22 issue regulations to establish standards for requiring 

23 disclosures during a financial audit under paragraph 

24 (1)(B). 


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1 ‘‘(m) PUBLICATION OF INFORMATION.—The Admin2 istrator shall— 

3 ‘‘(1) publish information about the program 

4 under this section online, including— 

5 ‘‘(A) on the website of the Administration; 

6 and 

7 ‘‘(B) on the social media of the Adminis8 tration; and 

9 ‘‘(2) request that the resource and lending part10 ners of the Administration and the district offices of 

11 the Administration publicize the program. 

12 ‘‘(n) ANNUAL REPORTING.—Not later than 1 year 

13 after the date on which the Administrator establishes the 

14 program under this section, and every year thereafter, the 

15 Administrator shall submit to Congress a report on the 

16 activities under the program, including— 

17 ‘‘(1) a list of all eligible entities participating in 

18 the program; 

19 ‘‘(2) the number of startup, newly established, 

20 and growing small business concerns participating in 

21 the project carried out by each eligible entity under 

22 a cooperative agreement under this section (in this 

23 paragraph referred to as ‘participants’), including a 

24 breakdown of the owners of the participants by race, 


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1 gender, veteran status, and urban versus rural loca2 tion; 

3 ‘‘(3) the retention rate for participants; 

4 ‘‘(4) the total and median amount of capital 

5 accessed by participants, including the type of cap6 ital accessed; 

7 ‘‘(5) the total and median number of employees 

8 of participants; 

9 ‘‘(6) the number and median wage of jobs cre10 ated by participants; 

11 ‘‘(7) the number of jobs sustained by partici12 pants; and 

13 ‘‘(8) information regarding such other metrics 

14 as the Administrator determines appropriate. 

15 ‘‘(o) FUNDING.— 

16 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated to carry out 

18 this section— 

19 ‘‘(A) $4,000,000 for the first fiscal year 

20 beginning after the date of enactment of the 

21 Economic Justice Act; 

22 ‘‘(B) $7,500,000 for the second fiscal year 

23 beginning after such date of enactment; and 


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1 ‘‘(C) $12,000,000 for each of the third, 

2 fourth, and fifth fiscal years beginning after 

3 such date of enactment. 

4 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

5 amount made available to carry out this section for 

6 any fiscal year, not more than 10 percent may be 

7 used by the Administrator for administrative ex8 penses.’’. 

9 (b) REGULATIONS.—The Administrator shall promul10 gate regulations to carry out section 49 of the Small Busi11 ness Act, as added by subsection (a). 

12 SEC. 4103. OFFICE OF EMERGING MARKETS. 

13 Section 7 of the Small Business Act (15 U.S.C. 636) 

14 is amended by adding at the end the following: 

15 ‘‘(o) OFFICE OF EMERGING MARKETS.— 

16 ‘‘(1) PURPOSE.—The purpose of this office is to 

17 reduce the access to capital gap by providing an in18 tegrated approach to the development of small busi19 ness concerns in underserved markets, including 

20 minority- and women-owned businesses, imple21 menting strategy and providing guidance so they do 

22 not get left behind. 

23 ‘‘(2) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘Associate Administrator’ 

2 means the Associate Administrator of the Office 

3 of Capital Access of the Administration; 

4 ‘‘(B) the term ‘Director’ means the Direc5 tor of the Office of Emerging Markets; 

6 ‘‘(C) the term ‘microloan program’ means 

7 the program described in subsection (m); 

8 ‘‘(D) the terms ‘new business’ and ‘small 

9 business concern in an underserved market’ 

10 have the meanings given those terms in sub11 section (a)(37); 

12 ‘‘(E) the term ‘Reservist’ means a member 

13 of a reserve component of the Armed Forces 

14 named in section 10101 of title 10, United 

15 States Code; 

16 ‘‘(F) the term ‘rural area’ has the meaning 

17 given the term in subsection (m)(11); 

18 ‘‘(G) the term ‘service-connected’ has the 

19 meaning given the term in section 101 of title 

20 38, United States Code; and 

21 ‘‘(H) the term ‘small business concern 

22 owned and controlled by socially and economi23 cally disadvantaged individuals’ has the mean24 ing given the term in section 8(d)(3)(C). 


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1 ‘‘(3) ESTABLISHMENT.—There is established 

2 within the Administration the Office of Emerging 

3 Markets, which shall be— 

4 ‘‘(A) under the general management and 

5 oversight of the Administration; and 

6 ‘‘(B) responsible for the planning, coordi7 nation, implementation, evaluation, and im8 provement of the efforts of the Administrator to 

9 enhance the economic well-being of small busi10 ness concerns in an underserved market. 

11 ‘‘(4) PURPOSES.—The purposes of the Office of 

12 Emerging Markets are— 

13 ‘‘(A) to provide the Administration with an 

14 integrated approach to the development of small 

15 business concerns in an underserved market; 

16 ‘‘(B) to reignite economic opportunity for 

17 underserved markets, particularly after an eco18 nomic downturn; and 

19 ‘‘(C) to oversee the expansion of access to 

20 capital programs that meet the needs of under21 served markets. 

22 ‘‘(5) DIRECTOR.— 

23 ‘‘(A) IN GENERAL.—Not later than 180 

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1 rector of the Office of Emerging Markets, who 

2 shall— 

3 ‘‘(i) supervise the Office of Emerging 

4 Markets and report to the Associate Ad5 ministrator; and 

6 ‘‘(ii) be in the Senior Executive Serv7 ice. 

8 ‘‘(B) DUTIES.—The Director shall— 

9 ‘‘(i) create and implement strategies 

10 and programs that provide an integrated 

11 approach to the development of small busi12 ness concerns in an underserved market; 

13 ‘‘(ii) develop and recommend policies 

14 concerning the microloan program and any 

15 other access to capital program of the Ad16 ministration, as such programs pertain to 

17 small business concerns in an underserved 

18 market; 

19 ‘‘(iii) establish partnerships to ad20 vance the goal of improving the economic 

21 success of small business concerns in an 

22 underserved market; 

23 ‘‘(iv) review the effectiveness and im24 pact of the microloan program and any 

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1 ministration that is targeted to serve small 

2 business concerns in an underserved mar3 ket; and 

4 ‘‘(v) within 1 year of the establish5 ment of the Office— 

6 ‘‘(I) create a proposal, in collabo7 ration with lenders under section 7(a) 

8 and any association that represents 

9 those lenders, for how those lenders 

10 should incorporate alternative metrics 

11 to traditional credit scores for the 

12 purposes of determining approvals 

13 under section 7(a); and 

14 ‘‘(II) put forward a public plan 

15 for how the Administration will ade16 quately reach the access to capital 

17 needs of underserved markets. 

18 ‘‘(C) CONSULTATION.—In carrying out the 

19 duties under this paragraph, the Director shall 

20 consult with district offices of the Administra21 tion.’’. 

22 SEC. 4104. SBIC DIVERSITY WORKING GROUP. 

23 (a) DEFINITIONS.—In this section— 

24 (1) the term ‘‘Administration’’ means the Small 

25 Business Administration; 


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1 (2) the term ‘‘Administrator’’ means the Ad2 ministrator of the Administration; and 

3 (3) the term ‘‘small business investment com4 pany’’ has the meaning given the term in section 

5 103 of the Small Business Investment Act of 1958 

6 (15 U.S.C. 662). 

7 (b) WORKING GROUP.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of enactment of this Act, the Administrator 

10 shall establish an SBIC Diversity Working Group 

11 (referred to in this subsection as the ‘‘Working 

12 Group’’), which shall— 

13 (A) include— 

14 (i) representatives among general 

15 partners of small business investment com16 panies with a demonstrated record of pro17 moting diversity at those companies; 

18 (ii) representatives from small busi19 ness investment companies with a dem20 onstrated record of investing in small busi21 ness concerns with not less than 1 owner 

22 or president who is socially or economically 

23 disadvantaged, as determined under sec24 tion 8(a) of the Small Business Act (15 

25 U.S.C. 637(a)); 


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1 (iii) representatives from small busi2 ness investment companies with substantial 

3 experience with respect to the program 

4 carried out under title III of the Small 

5 Business Investment Act of 1958 (15 

6 U.S.C. 681 et seq.); 

7 (iv) representatives from the Office of 

8 Investment and Innovation of the Adminis9 tration; and 

10 (v) representatives from the invest11 ment industry and academia with expertise 

12 in developing and monitoring diversity in 

13 the investment industry; 

14 (B) develop recommendations regarding 

15 how the Administrator could increase the num16 ber of— 

17 (i) applicants to become small busi18 ness investment companies, the manage19 ment of which includes individuals who are 

20 socially or economically disadvantaged; and 

21 (ii) the number of general partners at 

22 small business investment companies who 

23 are socially or economically disadvantaged 

24 individuals; 


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1 (C) develop recommendations for paid in2 ternships at the Office of Investment and Inno3 vation of the Administration and paid appren4 ticeships at small business investment compa5 nies to build a pipeline of investment managers 

6 who are diverse; 

7 (D) develop incentives for small business 

8 investment companies to invest in socially and 

9 economically disadvantaged small business con10 cerns, as defined in section 8(4)(A) of the 

11 Small Business Act (15 U.S.C. 637(a)(4)(A)); 

12 and 

13 (E) establish metrics of success, and 

14 benchmarks for success, with respect to the 

15 goals described in this section. 

16 (2) AVAILABILITY OF MEETINGS.—The Work17 ing Group may make the meetings of the Working 

18 Group open to the public without regard to whether 

19 those meetings are held in-person, virtually, or by 

20 some other means. 

21 (3) REPORT.—Not later than 270 days after 

22 the date of enactment of this Act, the Working 

23 Group shall submit to the Committee on Small Busi24 ness and Entrepreneurship of the Senate and the 


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1 Committee on Small Business of the House of Rep2 resentatives a report that includes— 

3 (A) the recommendations of the Working 

4 Group developed under paragraph (1); and 

5 (B) a recommended plan and timeline for 

6 implementing the recommendations described in 

7 subparagraph (A). 

8 (4) TERMINATION.—The Working Group shall 

9 terminate on the date on which the Working Group 

10 submits the report required under paragraph (3). 

11 (5) APPLICABILITY OF FEDERAL ADVISORY

12 COMMITTEE ACT.—The Federal Advisory Committee 

13 Act (5 U.S.C. App.) shall not apply with respect to 

14 the Working Group or the activities of the Working 

15 Group. 

16 Subtitle B—Minority Business 

17 Resiliency 

18 SEC. 4201. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Minority Business 

20 Resiliency Act of 2020’’. 

21 SEC. 4202. FINDINGS AND PURPOSES. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) During times of economic downturn or re24 cession, communities of color, and businesses within 

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1 fected, which requires an expansion of the ability of 

2 the Federal Government to infuse resources into 

3 those communities. 

4 (2) Despite the growth in the number of minor5 ity business enterprises, gaps remain with respect to 

6 key metrics for those enterprises, such as access to 

7 capital, revenue, number of employees, and survival 

8 rate. Specifically— 

9 (A) according to the Department of Com10 merce, minority business enterprises are 2 to 3 

11 times more likely to be denied loans than non12 minority business enterprises; 

13 (B) according to the Bureau of the Cen14 sus, the average non-minority business enter15 prise reports receipts that are more than 3 

16 times higher than receipts reported by the aver17 age minority business enterprise; and 

18 (C) according to the Kauffman Founda19 tion— 

20 (i) minority business enterprises are 

1 21 ⁄2 as likely to employ individuals, as com22 pared with non-minority business enter23 prises; and 

24 (ii) if minorities started and owned 

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1 ties, the United States economy would 

2 have more than 1,000,000 additional em3 ployer businesses and more than 9,500,000 

4 additional jobs. 

5 (3) Because of the conditions described in para6 graph (2), it is in the interest of the United States 

7 and the economy of the United States to expedi8 tiously ameliorate the disparities that minority busi9 ness enterprises experience. 

10 (4) Many individuals who own minority busi11 ness enterprises are socially disadvantaged because 

12 those individuals identify as members of certain 

13 groups that have suffered the effects of discrimina14 tory practices or similar circumstances over which 

15 those individuals have no control, including individ16 uals who are— 

17 (A) Black or African American; 

18 (B) Hispanic or Latino; 

19 (C) American Indian or Alaska Native; 

20 (D) Asian; and 

21 (E) Native Hawaiian or other Pacific Is22 lander. 

23 (5) Discriminatory practices and similar cir24 cumstances described in paragraph (4) are a signifi25 cant determinant of overall economic disadvantage 


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1 in the United States, which is evident in the per2 sistent racial wealth gap in the United States. 

3 (6) While other Federal agencies focus only on 

4 small businesses and businesses that represent a 

5 broader demographic than solely minority business 

6 enterprises, the Agency focuses exclusively on— 

7 (A) the unique needs of minority business 

8 enterprises; and 

9 (B) enhancing the capacity of minority 

10 business enterprises. 

11 (b) PURPOSES.—The purposes of this subtitle are 

12 to— 

13 (1) require the Agency to promote and admin14 ister programs in the public and private sectors to 

15 assist the development of minority business enter16 prises; and 

17 (2) achieve the development described in para18 graph (1) by authorizing the Assistant Secretary to 

19 carry out programs that will result in increased ac20 cess to capital, management, and technology for mi21 nority business enterprises. 

22 SEC. 4203. DEFINITIONS. 

23 In this subtitle: 


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1 (1) AGENCY.—The term ‘‘Agency’’ means the 

2 Minority Business Development Agency of the De3 partment of Commerce. 

4 (2) ASSISTANT SECRETARY.—The term ‘‘Assist5 ant Secretary’’ means the Assistant Secretary of 

6 Commerce for Minority Business Development who 

7 is appointed as described in section 4204(b) to ad8 minister this subtitle. 

9 (3) FEDERAL AGENCY.—The term ‘‘Federal 

10 agency’’ has the meaning given the term ‘‘agency’’ 

11 in section 551 of title 5, United States Code. 

12 (4) FEDERALLY RECOGNIZED AREA OF ECO13 NOMIC DISTRESS.—The term ‘‘federally recognized 

14 area of economic distress’’ means— 

15 (A) a HUBZone, as that term is defined in 

16 section 31(b) of the Small Business Act (15 

17 U.S.C. 657a(b)); 

18 (B) an area that— 

19 (i) has been designated as— 

20 (I) an empowerment zone under 

21 section 1391 of the Internal Revenue 

22 Code of 1986; or 

23 (II) a Promise Zone by the Sec24 retary of Housing and Urban Devel25 opment; or 


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1 (ii) is a low or moderate income area, 

2 as determined by the Bureau of the Cen3 sus; 

4 (C) a qualified opportunity zone, as that 

5 term is defined in section 1400Z–1 of the Inter6 nal Revenue Code of 1986; or 

7 (D) any other political subdivision or unin8 corporated area of a State determined by the 

9 Assistant Secretary to be an area of economic 

10 distress. 

11 (5) INDIAN TRIBE.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the term ‘‘Indian Tribe’’ has the 

14 meaning given the term ‘‘Indian tribe’’ in sec15 tion 4 of the Indian Self-Determination and 

16 Education Assistance Act (25 U.S.C. 5304). 

17 (B) NATIVE HAWAIIAN ORGANIZATION.— 

18 The term ‘‘Indian Tribe’’ includes a Native Ha19 waiian organization. 

20 (6) INSTITUTION OF HIGHER EDUCATION.—The 

21 term ‘‘institution of higher education’’ has the 

22 meaning given the term in section 101 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1001). 


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1 (7) MINORITY BUSINESS ENTERPRISE.—The 

2 term ‘‘minority business enterprise’’ means a for3 profit business enterprise— 

4 (A) that is not less than 51 percent-owned 

5 by one or more socially disadvantaged individ6 uals; and 

7 (B) the management and daily business 

8 operations of which are controlled by one or 

9 more socially disadvantaged individuals. 

10 (8) PRIVATE SECTOR ENTITY.—The term ‘‘pri11 vate sector entity’’— 

12 (A) means an entity that is not a public 

13 sector entity; and 

14 (B) does not include— 

15 (i) the Federal Government; 

16 (ii) any Federal agency; or 

17 (iii) any instrumentality of the Fed18 eral Government. 

19 (9) PUBLIC SECTOR ENTITY.—The term ‘‘public 

20 sector entity’’ means— 

21 (A) a State; 

22 (B) an agency of a State; 

23 (C) a political subdivision of a State; or 

24 (D) an agency of a political subdivision of 

25 a State. 


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1 (10) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Commerce. 

3 (11) SOCIALLY DISADVANTAGED INDIVIDUAL.— 

4 (A) IN GENERAL.—The term ‘‘socially dis5 advantaged individual’’ means an individual 

6 who has been subjected to racial or ethnic prej7 udice or cultural bias because of the identity of 

8 the individual as a member of a group, without 

9 regard to any individual quality of the indi10 vidual that is unrelated to that identity. 

11 (B) PRESUMPTION.—In carrying out this 

12 subtitle, the Assistant Secretary shall presume 

13 that the term ‘‘socially disadvantaged indi14 vidual’’ includes any individual who is— 

15 (i) Black or African American; 

16 (ii) Hispanic or Latino; 

17 (iii) American Indian or Alaska Na18 tive; 

19 (iv) Asian; 

20 (v) Native Hawaiian or other Pacific 

21 Islander; or 

22 (vi) a member of a group that the Mi23 nority Business Development Agency de24 termines under part 1400 of title 15, Code 

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1 vember 23, 1984, is a socially disadvan2 taged group eligible to receive assistance. 

3 (12) STATE.—The term ‘‘State’’ means— 

4 (A) each of the States of the United 

5 States; 

6 (B) the District of Columbia; 

7 (C) the Commonwealth of Puerto Rico; 

8 (D) the United States Virgin Islands; 

9 (E) Guam; 

10 (F) American Samoa; 

11 (G) the Commonwealth of the Northern 

12 Mariana Islands; and 

13 (H) each Indian Tribe. 

14 SEC. 4204. MINORITY BUSINESS DEVELOPMENT AGENCY. 

15 (a) IN GENERAL.—There is within the Department 

16 of Commerce the Minority Business Development Agency. 

17 (b) ASSISTANT SECRETARY.— 

18 (1) APPOINTMENT AND DUTIES.—The Agency 

19 shall be headed by an Assistant Secretary of Com20 merce for Minority Business Development, who shall 

21 be— 

22 (A) appointed by the President, by and 

23 with the advice and consent of the Senate; and 


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1 (B) except as otherwise expressly provided, 

2 responsible for the administration of this sub3 title. 

4 (2) COMPENSATION.—The Assistant Secretary 

5 shall be compensated at an annual rate of basic pay 

6 prescribed for level IV of the Executive Schedule 

7 under section 5315 of title 5, United States Code. 

8 (c) REPORT TO CONGRESS.—Not later than 120 days 

9 after the date of enactment of this Act, the Secretary shall 

10 submit to Congress a report that describes— 

11 (1) the organizational structure of the Agency; 

12 (2) the organizational position of the Agency 

13 within the Department of Commerce; and 

14 (3) a description of how the Agency shall func15 tion in relation to the operations carried out by each 

16 other component of the Department of Commerce. 

17 (d) OFFICE OF BUSINESS CENTERS.— 

18 (1) ESTABLISHMENT.—There is established 

19 within the Agency an Office of Business Centers. 

20 (2) DIRECTOR.—The Office of Business Cen21 ters shall be administered by a Director, who shall 

22 be appointed by the Assistant Secretary. 

23 (e) OFFICES OF THE AGENCY.— 


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1 (1) IN GENERAL.—The Assistant Secretary 

2 shall establish such other offices within the Agency 

3 as are necessary to carry out this subtitle. 

4 (2) REGIONAL OFFICES.— 

5 (A) IN GENERAL.—In order to carry out 

6 this subtitle, the Assistant Secretary may estab7 lish a regional office of the Agency for each of 

8 the regions of the United States, as determined 

9 by the Assistant Secretary. 

10 (B) DUTIES.—Each regional office estab11 lished under subparagraph (A) shall expand the 

12 reach of the Agency and enable the Federal 

13 Government to better serve the needs of minor14 ity business enterprises in the region served by 

15 the office, including by— 

16 (i) understanding and participating in 

17 the business environment of that region; 

18 (ii) working with— 

19 (I) Centers, as that term is de20 fined in section 4232, that are located 

21 in that region; and 

22 (II) resource and lending part23 ners of the Small Business Adminis24 tration that are located in that region; 


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1 (iii) being aware of business retention 

2 or expansion programs specific to that re3 gion; 

4 (iv) seeking out opportunities to col5 laborate with regional public and private 

6 programs that focus on minority business 

7 enterprises; and 

8 (v) promoting business continuity and 

9 preparedness. 

10 CHAPTER 1—COVID–19 RAPID RESPONSE 

11 SEC. 4211. EMERGENCY APPROPRIATION. 

12 There is appropriated to the Agency for fiscal year 

13 2021, out of any money in the Treasury not otherwise ap14 propriated, $60,000,000 to provide assistance to minority 

15 business enterprises affected by the economic downturn 

16 caused by the COVID–19 pandemic, which shall remain 

17 available until expended. 

18 CHAPTER 2—EXISTING INITIATIVES 

19 Subchapter A—Market Development, 

20 Research, and Information 

21 SEC. 4221. PRIVATE SECTOR DEVELOPMENT. 

22 The Assistant Secretary shall, whenever the Assistant 

23 Secretary determines such action is necessary or appro24 priate— 


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1 (1) assist minority business enterprises to pene2 trate domestic and foreign markets by making avail3 able to those business enterprises, either directly or 

4 in cooperation with private sector entities, including 

5 community-based organizations and national non6 profit organizations— 

7 (A) resources relating to management; 

8 (B) technological assistance; 

9 (C) financial and marketing services; and 

10 (D) services relating to workforce develop11 ment; 

12 (2) encourage minority business enterprises to 

13 establish joint ventures and projects— 

14 (A) with other minority business enter15 prises; or 

16 (B) in cooperation with public sector enti17 ties or private sector entities, including commu18 nity-based organizations and national nonprofit 

19 organizations, to increase the share of any mar20 ket activity being performed by minority busi21 ness enterprises; and 

22 (3) facilitate the efforts of private sector enti23 ties and Federal agencies to advance the growth of 

24 minority business enterprises. 


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1 SEC. 4222. PUBLIC SECTOR DEVELOPMENT. 

2 The Assistant Secretary shall, whenever the Assistant 

3 Secretary determines such action is necessary or appro4 priate— 

5 (1) consult and cooperate with public sector en6 tities for the purpose of leveraging resources avail7 able in the jurisdictions of those public sector enti8 ties to promote the position of minority business en9 terprises in the local economies of those public sector 

10 entities, including by assisting public sector entities 

11 to establish or enhance— 

12 (A) programs to procure goods and serv13 ices through minority business enterprises and 

14 goals for that procurement; 

15 (B) programs offering assistance relating 

16 to— 

17 (i) management; 

18 (ii) technology; 

19 (iii) financing; 

20 (iv) marketing; and 

21 (v) workforce development; and 

22 (C) informational programs designed to in23 form minority business enterprises located in 

24 the jurisdictions of those public sector entities 

25 about the availability of programs described in 

26 this section; 


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1 (2) meet with leaders and officials of public sec2 tor entities for the purpose of recommending and 

3 promoting local administrative and legislative initia4 tives needed to advance the position of minority 

5 business enterprises in the local economies of those 

6 public sector entities; and 

7 (3) facilitate the efforts of public sector entities 

8 and Federal agencies to advance the growth of mi9 nority business enterprises. 

10 SEC. 4223. RESEARCH AND INFORMATION. 

11 (a) IN GENERAL.—In order to achieve the purposes 

12 of this subtitle, the Assistant Secretary— 

13 (1) shall— 

14 (A) collect and analyze data, including 

15 data relating to the causes of the success or 

16 failure of minority business enterprises; 

17 (B) perform evaluations of programs car18 ried out by Federal agencies with an emphasis 

19 on increasing coordination between Federal 

20 agencies with respect to the development of mi21 nority business enterprises; and 

22 (C) conduct research, studies, and surveys 

23 of— 

24 (i) economic conditions generally in 

25 the United States; and 


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1 (ii) how the conditions described in 

2 clause (i) particularly affect the develop3 ment of minority business enterprises; and 

4 (2) may, at the request of a public sector entity 

5 or a private sector entity, perform an evaluation of 

6 programs carried out by the entity that are designed 

7 to assist the development of minority business enter8 prises. 

9 (b) INFORMATION CLEARINGHOUSE.—The Assistant 

10 Secretary shall— 

11 (1) establish and maintain an information clear12 inghouse for the collection and dissemination of de13 mographic, economic, financial, managerial, and 

14 technical data relating to minority business enter15 prises; and 

16 (2) take such steps as the Assistant Secretary 

17 may determine to be necessary and desirable to 

18 search for, collect, classify, coordinate, integrate, 

19 record, and catalog the data described in paragraph 

20 (1). 

21 Subchapter B—Minority Business 

22 Development Center Program 

23 SEC. 4231. PURPOSE. 

24 The purpose of the MBDC Program shall be to create 

25 a national network of public-private partnerships that— 


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1 (1) assist minority business enterprises to— 

2 (A) access capital and contracts; and 

3 (B) create and maintain jobs; 

4 (2) provide counseling and mentoring to minor5 ity business enterprises; and 

6 (3) facilitate the growth of minority business 

7 enterprises by promoting trade. 

8 SEC. 4232. DEFINITIONS. 

9 In this subtitle: 

10 (1) CENTER.—The term ‘‘Center’’ means an el11 igible entity that enters into an MBDC agreement 

12 with the Assistant Secretary. 

13 (2) ELIGIBLE ENTITY.—Except as otherwise ex14 pressly provided, the term ‘‘eligible entity’’— 

15 (A) means— 

16 (i) a private sector entity; or 

17 (ii) a public sector entity; and 

18 (B) includes an institution of higher edu19 cation. 

20 (3) MBDC AGREEMENT.—The term ‘‘MBDC 

21 agreement’’ means a collaborative agreement entered 

22 into between the Assistant Secretary and a Center 

23 under the MBDC Program. 


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1 (4) MBDC PROGRAM.—The term ‘‘MBDC Pro2 gram’’ means the program established under section 

3 4233. 

4 SEC. 4233. ESTABLISHMENT. 

5 (a) IN GENERAL.—Subject to subsection (b), there 

6 is established in the Agency a program— 

7 (1) that shall be known as the Minority Busi8 ness Development Centers Program; 

9 (2) that shall be separate and distinct from the 

10 efforts of the Assistant Secretary under section 

11 4221; and 

12 (3) under which the Assistant Secretary shall 

13 enter into cooperative agreements with eligible enti14 ties under which, in accordance with section 4234— 

15 (A) the eligible entities shall provide tech16 nical assistance and business development serv17 ices to minority business enterprises; and 

18 (B) the Assistant Secretary shall provide 

19 financial assistance to the eligible entities to 

20 carry out the activities described in subpara21 graph (A). 

22 (b) COVERAGE.—The Assistant Secretary shall take 

23 all necessary actions to ensure that the MBDC Program, 

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1 scribed in subsection (a)(3)(A) in all regions of the United 

2 States. 

3 (c) SCOPE OF AUTHORITY.—The authority of the As4 sistant Secretary to enter into MBDC agreements shall 

5 be effective each fiscal year only to the extent that 

6 amounts are made available to the Assistant Secretary 

7 under applicable appropriations Acts. 

8 SEC. 4234. COOPERATIVE AGREEMENTS. 

9 (a) REQUIREMENTS.—A Center shall, using financial 

10 assistance awarded to the Center under an MBDC agree11 ment— 

12 (1) provide to minority business enterprises 

13 programs and services determined to be appropriate 

14 by the Assistant Secretary, which— 

15 (A) shall include referral services to meet 

16 the needs of minority business enterprises; and 

17 (B) may include programs and services to 

18 accomplish the goals described in section 

19 4221(1); 

20 (2) develop, cultivate, and maintain a network 

21 of strategic partnerships with organizations that fos22 ter access by minority business enterprises to eco23 nomic markets or contracts; 

24 (3) continue to upgrade and modify the services 

25 provided by the Center, as necessary, in order to 


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1 meet the changing and evolving needs of the busi2 ness community; 

3 (4) collaborate with other Centers; and 

4 (5) in providing programs and services under 

5 the MBDC agreement— 

6 (A) operate on a fee-for-service basis; and 

7 (B) generate income through the collection 

8 of— 

9 (i) client fees; 

10 (ii) membership fees; 

11 (iii) success fees; and 

12 (iv) any other appropriate fees pro13 posed by the Center in the application sub14 mitted by the Center for the MBDC agree15 ment. 

16 (b) TERM.—Subject to subsection (g), the term of an 

17 MBDC agreement shall be 3 years. 

18 (c) FINANCIAL ASSISTANCE.— 

19 (1) MINIMUM AMOUNT.—Subject to paragraph 

20 (2), the amount of financial assistance provided by 

21 the Assistant Secretary under an MBDC agreement 

22 shall be not less than $250,000 for the term of the 

23 MBDC agreement. 

24 (2) ADDITIONAL AMOUNTS.—In determining 

25 whether to award financial assistance under an 


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1 MBDC agreement to a Center in an amount greater 

2 than $250,000, the Assistant Secretary shall take 

3 into consideration the cost of living and the size of 

4 the population in the area in which the Center is lo5 cated. 

6 (3) MATCHING REQUIREMENT.— 

7 (A) IN GENERAL.—A Center shall match 

not less than 1 8 ⁄3 of the amount of the financial 

9 assistance awarded to the Center under an 

10 MBDC agreement. 

11 (B) FORM OF FUNDS.—A Center may 

12 meet the matching requirement under subpara13 graph (A) using cash or in-kind contributions, 

14 without regard to whether the contribution is 

15 made by a third party. 

16 (4) USE OF FINANCIAL ASSISTANCE AND PRO17 GRAM INCOME.—A Center shall use— 

18 (A) all financial assistance awarded to the 

19 Center under an MBDC agreement to carry out 

20 the requirements under subsection (a); and 

21 (B) all income that the Center generates in 

22 carrying out the requirements under subsection 

23 (a)— 


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1 (i) to meet the matching requirement 

2 under paragraph (3) of this subsection; 

3 and 

4 (ii) if the Center meets the matching 

5 requirement under paragraph (3) of this 

6 subsection, to carry out the requirements 

7 under subsection (a). 

8 (d) CRITERIA FOR SELECTION.—The Assistant Sec9 retary shall— 

10 (1) establish— 

11 (A) criteria that— 

12 (i) the Assistant Secretary shall use in 

13 determining whether to enter into an 

14 MBDC agreement with an eligible entity; 

15 and 

16 (ii) may include criteria relating to 

17 whether an eligible entity is located in— 

18 (I) an area, the population of 

19 which is composed of not less than 51 

20 percent socially disadvantaged individ21 uals; 

22 (II) a federally recognized area of 

23 economic distress; or 

24 (III) a State that is underserved 

25 with respect to the MBDC program, 


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1 as defined by the Assistant Secretary; 

2 and 

3 (B) standards relating to the consideration 

4 given to the criteria established under subpara5 graph (A); and 

6 (2) make the criteria and standards established 

7 under paragraph (1) publicly available, including— 

8 (A) on the website of the Agency; and 

9 (B) in each solicitation for applications for 

10 MBDC agreements. 

11 (e) APPLICATIONS.—An eligible entity desiring to 

12 enter into an MBDC agreement shall submit to the Assist13 ant Secretary an application that includes— 

14 (1) a statement of— 

15 (A) how the eligible entity will meet the re16 quirements under subsection (a); and 

17 (B) any experience of the eligible entity 

18 in— 

19 (i) assisting minority business enter20 prises to— 

21 (I) obtain— 

22 (aa) large-scale contracts or 

23 procurements; or 

24 (bb) financing; 


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1 (II) access established supply 

2 chains; and 

3 (III) engage in— 

4 (aa) joint ventures, teaming 

5 arrangements, and mergers and 

6 acquisitions; or 

7 (bb) large-scale transactions 

8 in global markets; and 

9 (ii) advocating for minority business 

10 enterprises; and 

11 (2) the budget and corresponding budget nar12 rative that the eligible entity will use in carrying out 

13 the requirements under subsection (a) during the 

14 term of the MBDC agreement. 

15 (f) NOTIFICATION.—If the Assistant Secretary 

16 grants an application of an eligible entity submitted under 

17 subsection (e), the Assistant Secretary shall notify the eli18 gible entity that the application has been granted not later 

19 than 150 days after the last day on which an application 

20 may be submitted under that subsection. 

21 (g) PROGRAM EXAMINATION; ACCREDITATION; EX22 TENSIONS.— 

23 (1) EXAMINATION.—Not later than 180 days 

24 after the date of enactment of this Act, and bienni25 ally thereafter, the Assistant Secretary shall conduct 


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1 a programmatic financial examination of each Cen2 ter. 

3 (2) ACCREDITATION.—The Assistant Secretary 

4 may provide financial support, by contract or other5 wise, to an association, not less than 51 percent of 

6 the members of which are Centers, to— 

7 (A) pursue matters of common concern 

8 with respect to Centers; and 

9 (B) develop an accreditation program with 

10 respect to Centers. 

11 (3) EXTENSIONS.— 

12 (A) IN GENERAL.—The Assistant Sec13 retary may extend the term under subsection 

14 (b) of an MBDC agreement to which a Center 

15 is a party to a term of 5 years, if the Center 

16 consents to the extension. 

17 (B) FINANCIAL ASSISTANCE.—If the As18 sistant Secretary extends the term of an MBDC 

19 agreement under paragraph (1), the Assistant 

20 Secretary shall, in the same manner and 

21 amount in which financial assistance was pro22 vided during the initial term of the MBDC 

23 agreement, provide financial assistance under 

24 the MBDC agreement during the extended term 

25 of the MBDC agreement. 


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1 (h) PRIORITY.—In entering into MBDC agreements 

2 under the MBDC Program and extending MBDC agree3 ments under subsection (g)(3), the Assistant Secretary 

4 shall give priority to extending MBDC agreements under 

5 subsection (g)(3). 

6 (i) SUSPENSION, TERMINATION, AND REFUSAL TO

7 EXTEND.— 

8 (1) IN GENERAL.— 

9 (A) IN GENERAL.—The Assistant Sec10 retary may suspend, terminate, or refuse to ex11 tend the term of an MBDC agreement on the 

12 basis of the poor performance by a Center in 

13 meeting the performance goals established by 

14 the Secretary under subparagraph (B). 

15 (B) PERFORMANCE GOALS.—The Assistant 

16 Secretary shall establish performance goals by 

17 which to evaluate the performance of a Center 

18 in meeting the requirements under subsection 

19 (a). 

20 (2) NOTICE.—Before suspending, terminating, 

21 or refusing to extend the term of an MBDC agree22 ment under paragraph (1), the Assistant Secretary 

23 shall provide to the relevant Center— 

24 (A) a written notice of the reasons for the 

25 suspension, termination, or refusal; and 


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1 (B) an opportunity for a hearing, appeal, 

2 or other administrative proceeding to contest 

3 the suspension, termination, or refusal. 

4 (j) MBDA INVOLVEMENT.—The Assistant Secretary 

5 shall ensure that the Agency is substantially involved in 

6 the activities of Centers in carrying out the requirements 

7 under subsection (a), including by— 

8 (1) providing to each Center training relating to 

9 the MBDC Program; 

10 (2) requiring that the operator and staff of 

11 each Center— 

12 (A) attend— 

13 (i) a conference with the Agency to 

14 establish the services and programs that 

15 the Center will provide in carrying out the 

16 requirements before the date on which the 

17 Center begins providing those services and 

18 programs; and 

19 (ii) training provided under paragraph 

20 (1); 

21 (B) receive necessary advising relating to 

22 carrying out the requirements under subsection 

23 (a); and 

24 (C) work in coordination and collaboration 

25 with the Assistant Secretary to carry out the 


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1 MBDC Program and other programs of the 

2 Agency; 

3 (3) facilitating connections between Centers 

4 and— 

5 (A) Federal agencies other than the Agen6 cy, including the Small Business Administration 

7 and the Economic Development Administration 

8 of the Department of Commerce; and 

9 (B) other institutions or entities that use 

10 Federal resources, including— 

11 (i) small business development cen12 ters, as that term is defined in section 3(t) 

13 of the Small Business Act (15 U.S.C. 

14 632(t)); 

15 (ii) women’s business centers de16 scribed in section 29 of the Small Business 

17 Act (15 U.S.C. 656); 

18 (iii) eligible entities, as that term is 

19 defined in section 2411 of title 10, United 

20 States Code, that provide services under 

21 the program carried out under chapter 142 

22 of that title; and 

23 (iv) entities participating in the Hol24 lings Manufacturing Extension Partnership 

25 Program established under section 25 of 


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1 the National Institute of Standards and 

2 Technology Act (15 U.S.C. 278k); 

3 (4) monitoring projects carried out by each 

4 Center; and 

5 (5) establishing and enforcing administrative 

6 and reporting requirements for each Center to carry 

7 out the requirements under subsection (a). 

8 (k) REGULATIONS.—The Assistant Secretary shall 

9 issue and publish regulations that establish minimum 

10 standards regarding verification of minority business en11 terprise status for clients of entities operating under the 

12 MBDC Program. 

13 SEC. 4235. MINIMIZING DISRUPTIONS TO EXISTING BUSI14 NESS CENTERS PROGRAM. 

15 The Assistant Secretary shall ensure that each coop16 erative agreement entered into under the Business Centers 

17 program of the Agency that is in effect on the day before 

18 the date of enactment of this Act is carried out in a man19 ner that, to the greatest extent practicable, prevents dis20 ruption of any activity carried out under the cooperative 

21 agreement. 

22 SEC. 4236. PUBLICITY. 

23 In carrying out the MBDC Program, the Assistant 

24 Secretary shall widely publicize the MBDC Program, in25 cluding— 


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1 (1) on the website of the Agency; and 

2 (2) via social media outlets. 

3 SEC. 4237. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the As5 sistant Secretary $30,000,000 for each of fiscal years 

6 2021 through 2024 to carry out the MBDC Program, in7 cluding the component of the program relating to Spe8 cialty Centers. 

9 CHAPTER 3—NEW INITIATIVES TO PRO10 MOTE ECONOMIC RESILIENCY FOR MI11 NORITY BUSINESSES 

12 SEC. 4241. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL 

13 FORMATION. 

14 (a) RESPONSIBILITY OF AGENCY.—Not later than 18 

15 months after the date of enactment of this Act, and annu16 ally thereafter, the Agency shall conduct a Government17 business forum to review the current status of problems 

18 and programs relating to capital formation by minority 

19 business enterprises. 

20 (b) PARTICIPATION IN FORUM PLANNING.—The As21 sistant Secretary shall invite the heads of other Federal 

22 agencies, such as the Chairman of the Securities and Ex23 change Commission, the Secretary of the Treasury, and 

24 the Chairman of the Board of Governors of the Federal 

25 Reserve System, organizations representing State securiVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 ties commissioners, representatives of leading minority 

2 chambers of commerce, business organizations, and pro3 fessional organizations concerned with capital formation 

4 to participate in the planning of each forum conducted 

5 under subsection (a). 

6 (c) PREPARATION OF STATEMENTS AND REPORTS.— 

7 (1) REQUESTS.—The Assistant Secretary may 

8 request that any head of a Federal department, 

9 agency, or organization, including those described in 

10 subsection (b), or any other group or individual, pre11 pare a statement or report to be delivered at any 

12 forum conducted under subsection (a). 

13 (2) COOPERATION.—Any head of a Federal de14 partment, agency, or organization who receives a re15 quest under paragraph (1) shall, to the greatest ex16 tent practicable, cooperate with the Assistant Sec17 retary to fulfill that request. 

18 (d) TRANSMITTAL OF PROCEEDINGS AND FIND19 INGS.—The Assistant Secretary shall— 

20 (1) prepare a summary of the proceedings of 

21 each forum conducted under subsection (a), which 

22 shall include the findings and recommendations of 

23 the forum; and 


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1 (2) transmit the summary described in para2 graph (1) with respect to each forum conducted 

3 under subsection (a) to— 

4 (A) the participants in the forum; 

5 (B) Congress; and 

6 (C) the public, through a publicly available 

7 website. 

8 (e) REVIEW OF FINDINGS AND RECOMMENDATIONS; 

9 PUBLIC STATEMENTS.— 

10 (1) IN GENERAL.—A Federal agency to which 

11 a finding or recommendation described in subsection 

12 (d)(1) relates shall— 

13 (A) review that finding or recommenda14 tion; and 

15 (B) promptly after the finding or rec16 ommendation is transmitted under paragraph 

17 (2)(C) of subsection (d), issue a public state18 ment— 

19 (i) assessing the finding or rec20 ommendation; and 

21 (ii) disclosing the action, if any, the 

22 Federal agency intends to take with re23 spect to the finding or recommendation. 

24 (2) JOINT STATEMENT PERMITTED.—If a find25 ing or recommendation described in subsection 


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1 (d)(1) relates to more than 1 Federal agency, the 

2 applicable Federal agencies may, for the purposes of 

3 the public statement required under paragraph 

4 (1)(B), issue a joint statement. 

5 SEC. 4242. AGENCY STUDY ON ALTERNATIVE FINANCING 

6 SOLUTIONS. 

7 (a) PURPOSE.—The purpose of this section is to pro8 vide information relating to alternative financing solutions 

9 to minority business enterprises, as those business enter10 prises are more likely to struggle in accessing, particularly 

11 at affordable rates, traditional sources of capital. 

12 (b) STUDY AND REPORT.—Not later than 1 year 

13 after the date of enactment of this Act, the Assistant Sec14 retary shall— 

15 (1) conduct a study on opportunities for pro16 viding alternative financing solutions to minority 

17 business enterprises; and 

18 (2) submit to Congress, and publish on the 

19 website of the Agency, a report describing the find20 ings of the study carried out under paragraph (1). 

21 SEC. 4243. EDUCATIONAL DEVELOPMENT RELATING TO 

22 MANAGEMENT AND ENTREPRENEURSHIP. 

23 (a) DUTIES.—The Assistant Secretary shall, when24 ever the Assistant Secretary determines such action is nec25 essary or appropriate— 


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1 (1) promote and provide assistance for the edu2 cation and training of socially disadvantaged individ3 uals in subjects directly relating to business adminis4 tration and management; 

5 (2) join with, and encourage, institutions of 

6 higher education, leaders in business and industry, 

7 and other public sector and private sector entities, 

8 particularly minority business enterprises, to— 

9 (A) develop programs to offer scholarships 

10 and fellowships, apprenticeships, and intern11 ships relating to business to socially disadvan12 taged individuals; and 

13 (B) sponsor seminars, conferences, and 

14 similar activities relating to business for the 

15 benefit of socially disadvantaged individuals; 

16 (3) stimulate and accelerate curriculum design 

17 and improvement in support of development of mi18 nority business enterprises; and 

19 (4) encourage and assist private institutions 

20 and organizations and public sector entities to un21 dertake activities similar to the activities described 

22 in paragraphs (1), (2), and (3). 

23 (b) PARREN J. MITCHELL ENTREPRENEURSHIP

24 EDUCATION GRANTS.— 


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1 (1) DEFINITION.—In this subsection, the term 

2 ‘‘eligible institution’’ means an institution of higher 

3 education described in any of paragraphs (1) 

4 through (7) of section 371(a) of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1067q(a)). 

6 (2) GRANTS.—The Assistant Secretary shall 

7 award grants to eligible institutions to develop and 

8 implement entrepreneurship curricula. 

9 (3) REQUIREMENTS.—An eligible institution 

10 that receives a grant awarded under this subsection 

11 shall use the grant funds to— 

12 (A) develop a curriculum that includes 

13 training in various skill sets needed by contem14 porary successful entrepreneurs, including— 

15 (i) business management and mar16 keting; 

17 (ii) financial management and ac18 counting; 

19 (iii) market analysis; 

20 (iv) competitive analysis; 

21 (v) innovation; 

22 (vi) strategic planning; and 

23 (vii) any other skill set that the eligi24 ble institution determines is necessary for 

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1 tion and the community in which the eligi2 ble institution is located; and 

3 (B) implement the curriculum developed 

4 under subparagraph (A) at the eligible institu5 tion. 

6 (4) IMPLEMENTATION TIMELINE.—The Assist7 ant Secretary shall establish and publish a timeline 

8 under which an eligible institution that receives a 

9 grant under this section shall carry out the require10 ments under paragraph (3). 

11 (5) REPORTS.—Each year, the Assistant Sec12 retary shall submit to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Committee on Energy and Commerce of the House 

15 of Representatives, as part of the annual budget 

16 submission of the President under section 1105(a) 

17 of title 31, United States Code, a report evaluating 

18 the awarding and use of grants under this sub19 section during the fiscal year immediately preceding 

20 the date on which the report is submitted, which 

21 shall include, with respect to that fiscal year— 

22 (A) a description of each curriculum devel23 oped and implemented under each grant award24 ed under this section; 


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1 (B) the date on which each grant awarded 

2 under this section was awarded; and 

3 (C) the number of eligible entities that 

4 were recipients of grants awarded under this 

5 section. 

6 CHAPTER 4—ADMINISTRATIVE AND 

7 OTHER POWERS OF THE AGENCY; MIS8 CELLANEOUS PROVISIONS 

9 SEC. 4251. ADMINISTRATIVE POWERS. 

10 (a) IN GENERAL.—In carrying out this subtitle, the 

11 Assistant Secretary may— 

12 (1) adopt and use a seal for the Agency, which 

13 shall be judicially noticed; 

14 (2) hold hearings, sit and act, and take testi15 mony as the Assistant Secretary may determine to 

16 be necessary or appropriate to carry out this sub17 title; 

18 (3) acquire, in any lawful manner, any property 

19 that the Assistant Secretary may determine to be 

20 necessary or appropriate to carry out this subtitle; 

21 (4) make advance payments under grants, con22 tracts, and cooperative agreements awarded under 

23 this subtitle; 

24 (5) enter into agreements with other Federal 

25 agencies; 


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1 (6) coordinate with the heads of the Offices of 

2 Small and Disadvantaged Business Utilization of 

3 Federal agencies; 

4 (7) require a coordinated review of all training 

5 and technical assistance activities that are proposed 

6 to be carried out by Federal agencies in direct sup7 port of the development of minority business enter8 prises to— 

9 (A) ensure consistency with the purposes 

10 of this subtitle; and 

11 (B) avoid duplication of existing efforts; 

12 and 

13 (8) prescribe such rules, regulations, and proce14 dures as the Agency may determine to be necessary 

15 or appropriate to carry out this subtitle. 

16 (b) EMPLOYMENT OF CERTAIN EXPERTS AND CON17 SULTANTS.— 

18 (1) IN GENERAL.—In carrying out this subtitle, 

19 the Assistant Secretary may procure by contract the 

20 temporary or intermittent services of experts or con21 sultants or an organization thereof, as authorized 

22 under section 3109 of title 5, United States Code. 

23 (2) RENEWAL OF CONTRACTS.—The Assistant 

24 Secretary may annually renew a contract entered 

25 into under paragraph (1). 


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1 (c) DONATION OF PROPERTY.— 

2 (1) IN GENERAL.—Subject to paragraph (2), in 

3 carrying out this subtitle, the Assistant Secretary 

4 may, without cost (except for costs of care and han5 dling), donate for use by any public sector entity, or 

6 by any recipient nonprofit organization, for the pur7 pose of the development of minority business enter8 prises, any real or tangible personal property ac9 quired by the Agency in carrying out this subtitle. 

10 (2) TERMS, CONDITIONS, RESERVATIONS, AND

11 RESTRICTIONS.—The Assistant Secretary may im12 pose reasonable terms, conditions, reservations, and 

13 restrictions upon the use of any property donated 

14 under paragraph (1). 

15 SEC. 4252. FINANCIAL ASSISTANCE. 

16 (a) IN GENERAL.— 

17 (1) PROVISION OF FINANCIAL ASSISTANCE.—To 

18 carry out sections 4221, 4222, and 4223(a), the As19 sistant Secretary may provide financial assistance to 

20 public sector entities and private sector entities in 

21 the form of contracts, grants, or cooperative agree22 ments. 

23 (2) NOTICE.—Not later than 120 days before 

24 the first day of each fiscal year, the Assistant Sec25 retary shall, in accordance with subsection (b), 


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1 broadly publish a statement regarding financial as2 sistance that will, or may, be made available under 

3 paragraph (1) in the first fiscal year that begins 

4 after the date on which the statement is published, 

5 including— 

6 (A) the actual, or anticipated, amount of 

7 financial assistance that will, or may, be made 

8 available; 

9 (B) the types of financial assistance that 

10 will, or may, be made available; 

11 (C) the manner in which financial assist12 ance will be allocated among public sector enti13 ties and private sector entities, as applicable; 

14 and 

15 (D) the methodology used by the Assistant 

16 Secretary to make allocations under subpara17 graph (C). 

18 (3) CONSULTATION.—The Assistant Secretary 

19 shall consult with public sector entities and private 

20 sector entities, as applicable, in deciding the 

21 amounts and types of financial assistance to make 

22 available under paragraph (1). 

23 (b) PUBLICITY.—In carrying out this section, the As24 sistant Secretary shall broadly publicize all opportunities 


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1 for financial assistance available under this section, in2 cluding— 

3 (1) on the website of the Agency; and 

4 (2) via social media outlets. 

5 SEC. 4253. AUDITS. 

6 (a) RECORDKEEPING REQUIREMENT.—Each recipi7 ent of assistance under this subtitle shall keep such 

8 records as the Assistant Secretary shall prescribe, includ9 ing records that fully disclose, with respect to the assist10 ance received by the recipient under this subtitle— 

11 (1) the amount and nature of that assistance; 

12 (2) the disposition by the recipient of the pro13 ceeds of that assistance; 

14 (3) the total cost of the undertaking for which 

15 the assistance is given or used; 

16 (4) the amount and nature of the portion of the 

17 cost of the undertaking described in paragraph (3) 

18 that is supplied by a source other than the Agency; 

19 and 

20 (5) any other records that will facilitate an ef21 fective audit of the assistance. 

22 (b) ACCESS BY GOVERNMENT OFFICIALS.—The As23 sistant Secretary, the Inspector General of the Depart24 ment of Commerce, and the Comptroller General of the 

25 United States, or any duly authorized representative of 


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1 any such individual, shall have access, for the purpose of 

2 audit, investigation, and examination, to any book, docu3 ment, paper, record, or other material of a recipient of 

4 assistance under this subtitle that pertains to the assist5 ance received by the recipient under this subtitle. 

6 SEC. 4254. REVIEW AND REPORT BY COMPTROLLER GEN7 ERAL. 

8 Not later than 4 years after the date of enactment 

9 of this Act, the Comptroller General of the United States 

10 shall— 

11 (1) conduct a thorough review of the programs 

12 carried out under this subtitle; and 

13 (2) submit to Congress a detailed report of the 

14 findings of the Comptroller General of the United 

15 States under the review carried out under paragraph 

16 (1), which shall include— 

17 (A) an evaluation of the effectiveness of 

18 the programs in achieving the purposes of this 

19 subtitle; 

20 (B) a description of any failure by any re21 cipient of assistance under this subtitle to com22 ply with the requirements under this subtitle; 

23 and 

24 (C) recommendations for any legislative or 

25 administrative action that should be taken to 


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1 improve the achievement of the purposes of this 

2 subtitle. 

3 SEC. 4255. ANNUAL REPORTS; RECOMMENDATIONS. 

4 (a) ANNUAL REPORT.—Not later than 90 days after 

5 the last day of each fiscal year, the Assistant Secretary 

6 shall submit to Congress, and publish on the website of 

7 the Agency, a report of each activity of the Agency carried 

8 out under this subtitle during the fiscal year preceding the 

9 date on which the report is submitted. 

10 (b) RECOMMENDATIONS.—The Assistant Secretary 

11 shall periodically submit to Congress and the President 

12 recommendations for legislation or other actions that the 

13 Assistant Secretary determines to be necessary or appro14 priate to promote the purposes of this subtitle. 

15 SEC. 4256. SEPARABILITY. 

16 If a provision of this subtitle, or the application of 

17 a provision of this subtitle to any person or circumstance, 

18 is held by a court of competent jurisdiction to be invalid, 

19 that judgment— 

20 (1) shall not affect, impair, or invalidate— 

21 (A) any other provision of this subtitle; or 

22 (B) the application of this subtitle to any 

23 other person or circumstance; and 

24 (2) shall be confined in its operation to— 


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1 (A) the provision of this subtitle with re2 spect to which the judgment is rendered; or 

3 (B) the application of the provision of this 

4 subtitle to each person or circumstance directly 

5 involved in the controversy in which the judg6 ment is rendered. 

7 SEC. 4257. EXECUTIVE ORDER 11625. 

8 The powers and duties of the Agency shall be deter9 mined— 

10 (1) in accordance with this subtitle and the re11 quirements of this subtitle; and 

12 (2) without regard to Executive Order 11625 

13 (36 Fed Reg. 19967; relating to prescribing addi14 tional arrangements for developing and coordinating 

15 a national program for minority business enter16 prise). 

17 SEC. 4258. AMENDMENT TO THE FEDERAL ACQUISITION 

18 STREAMLINING ACT OF 1994. 

19 Section 7104(c) of the Federal Acquisition Stream20 lining Act of 1994 (15 U.S.C. 644a(c)) is amended by 

21 striking paragraph (2) and inserting the following: 

22 ‘‘(2) The Assistant Secretary of Commerce for 

23 Minority Business Development.’’. 


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1 Subtitle C—PRIME Program 

2 SEC. 4301. FUNDING FOR PRIME PROGRAM. 

3 Out of any money in the Treasury not otherwise ap4 propriated, there are appropriated, for each of fiscal years 

5 2021 and 2022, to the Administrator of the Small Busi6 ness Administration, $15,000,000 to carry out the 

7 PRIME Act (15 U.S.C. 6901 et seq.). 

8 Subtitle D—Providing Real Oppor9 tunities for Growth to Rising 

10 Entrepreneurs for Sustained 

11 Success 

12 SEC. 4401. ANGEL INVESTOR TAX CREDIT. 

13 (a) IN GENERAL.—Subpart D of part IV of sub14 chapter A of chapter 1 of the Internal Revenue Code of 

15 1986 is amended by adding at the end the following new 

16 section: 

17 ‘‘SEC. 45U. ANGEL INVESTOR TAX CREDIT. 

18 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

19 the angel investor credit determined under this section for 

20 any taxable year is an amount equal to the sum of the 

21 credit amounts determined for the taxable year for all 

22 qualified investments of the taxpayer. 

23 ‘‘(b) CREDIT AMOUNT.—For purposes of this sec24 tion— 


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1 ‘‘(1) IN GENERAL.—The term ‘credit amount’ 

2 means, with respect to any qualified investment in a 

3 qualifying business entity, the lesser of— 

4 ‘‘(A) 10 percent of the amount of the 

5 qualified investment determined under sub6 section (c)(3) for the taxable year, or 

7 ‘‘(B) an amount equal to— 

8 ‘‘(i) 50 percent of such qualified in9 vestment, reduced (but not below zero) by 

10 ‘‘(ii) the amount of the credit deter11 mined under this section with respect to 

12 such qualified investment of the taxpayer 

13 for all preceding taxable years. 

14 ‘‘(2) OVERALL DOLLAR LIMITATION.— 

15 ‘‘(A) IN GENERAL.—The credit amount de16 termined under paragraph (1) with respect to 

17 any qualified investment of a taxpayer in a 

18 qualifying business entity for any taxable year 

19 shall not exceed the lesser of— 

20 ‘‘(i) $10,000 (as increased for the tax21 able year by the cost-of-living adjustment 

22 under subsection (e)(2)), or 

23 ‘‘(ii) an amount equal to— 

24 ‘‘(I) an amount equal to 5 times 

25 the amount under clause (i) for the 


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1 taxable year, reduced (but not below 

2 zero) by 

3 ‘‘(II) the amount of the credit 

4 determined under this section with re5 spect to such qualified investment of 

6 the taxpayer for all preceding taxable 

7 years. 

8 ‘‘(B) NO CREDIT AMOUNT BY REASON OF

9 COST-OF-LIVING ADJUSTMENT AFTER OVERALL

10 LIMIT FIRST REACHED.—No credit amount 

11 shall be determined under this section with re12 spect to any qualified investment of a taxpayer 

13 in a qualifying business entity for any taxable 

14 year after the first taxable year for which the 

15 amount determined under subclause (II) of sub16 paragraph (A)(ii) equals or exceeds the amount 

17 determined under subclause (I) of such sub18 paragraph. 

19 ‘‘(3) REDUCTION IN CREDIT AMOUNT WHERE

20 LOAN RATE EXCEEDS PRIME RATE.— 

21 ‘‘(A) IN GENERAL.—If— 

22 ‘‘(i) the rate of interest (expressed as 

23 an annual percentage rate) on a qualified 

24 investment which is a qualifying loan, ex25 ceeds 


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•S 5065 IS

1 ‘‘(ii) the bank prime rate as of the 

2 first day of the month in which the loan is 

3 entered into (or such other time as the 

4 Secretary may specify), 

5 then each of the amounts determined under 

6 subparagraphs (A) and (B)(i) of paragraph (1) 

7 shall be reduced (but not below zero) by the 

8 amount which bears the same ratio to such 

9 amount as the number of full percentage points 

10 by which such rate of interest exceeds such 

11 bank prime rate bears to 25. 

12 ‘‘(B) SPECIAL RULES WHERE QUALIFYING

13 LOANS TREATED AS PART OF SINGLE INVEST14 MENT.—If one or more qualifying loans to 

15 which subparagraph (A) applies are treated as 

16 part of a single qualified investment under sub17 section (c)(1), then, for purposes of this sub18 section— 

19 ‘‘(i) the credit amount under para20 graph (1) for such single qualified invest21 ment shall be the sum of such credit 

22 amounts computed separately for each 

23 such qualifying loan and such credit 

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1 vestments treated as part of such single 

2 qualified investment, and 

3 ‘‘(ii) the limitation under paragraph 

4 (2) shall be applied to such sum. 

5 ‘‘(C) RULES RELATING TO INTEREST

6 RATES.— 

7 ‘‘(i) ANNUAL PERCENTAGE RATE.— 

8 The Secretary shall prescribe guidance or 

9 regulations for the calculation of the an10 nual percentage rate of interest on a loan 

11 for purposes of subparagraph (A)(i), in12 cluding rules which provide for— 

13 ‘‘(I) the calculation of the annual 

14 percentage rate in cases where there 

15 is a variable rate of interest, 

16 ‘‘(II) the recalculation of the an17 nual percentage rate where the terms 

18 of the loan are modified after the loan 

19 is entered into, and 

20 ‘‘(III) the proper taking into ac21 count of lump sum payments, orienta22 tion and application fees, closing fees, 

23 invoice discounting fees, and any 

24 other loan fees. 


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1 ‘‘(ii) BANK PRIME RATE.—For pur2 poses of subparagraph (A)(ii), the term 

3 ‘bank prime rate’ means the average pre4 dominant prime rate quoted by commercial 

5 banks to large businesses, as determined 

6 by the Board of Governors of the Federal 

7 Reserve System. 

8 ‘‘(4) SPECIAL RULES FOR PASS-THRU ENTI9 TIES.—For purposes of this subsection, if a qualified 

10 investment in a qualifying business entity is made by 

11 a partnership, trust, S corporation, or other pass12 thru entity, the limitations under this subsection 

13 with respect to the qualified investment shall apply 

14 at the partnership or other entity level and not at 

15 the partner or similar level. 

16 ‘‘(c) QUALIFIED INVESTMENT.—For purposes of this 

17 section— 

18 ‘‘(1) IN GENERAL.—The term ‘qualified invest19 ment’ means, with respect to any qualifying business 

20 entity, either of the following of the taxpayer: 

21 ‘‘(A) The direct or indirect acquisition of 

22 stock, or a capital interest, in the entity at its 

23 original issue solely in exchange for cash. 

24 ‘‘(B) A qualifying loan made to the entity. 


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1 If a taxpayer has or had more than 1 qualified in2 vestment in any qualifying business entity for the 

3 taxable year or any prior taxable year, all such in4 vestments shall be treated as a single qualified in5 vestment for purposes of applying this section. 

6 ‘‘(2) EXCEPTION FOR INVESTMENTS MADE BY

7 QUALIFIED ACTIVE INVESTORS AND RELATED PER8 SONS.—Such term shall not include any acquisition 

9 or loan made by a taxpayer who, immediately before 

10 the acquisition or loan, is a qualified active investor 

11 in the qualifying business entity or is related to any 

12 qualified active investor. 

13 ‘‘(3) AMOUNT OF QUALIFIED INVESTMENT.— 

14 The amount of a taxpayer’s qualified investment 

15 with respect to any qualifying business entity for 

16 any taxable year shall be the monthly average for 

17 months ending within the taxable year of— 

18 ‘‘(A) the taxpayer’s aggregate unadjusted 

19 bases in all stock or interests described in para20 graph (1)(A) as of the close of each such 

21 month, and 

22 ‘‘(B) the aggregate outstanding principal 

23 amount of all qualified loans described in para24 graph (1)(B) as of the close of each such 

25 month. 


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1 ‘‘(4) SPECIAL RULES FOR TRANSFERS OF

2 QUALIFYING LOANS.— 

3 ‘‘(A) IN GENERAL.—If a taxpayer sells, ex4 changes, or otherwise transfers all or any por5 tion of a qualifying loan which is a qualified in6 vestment in a qualifying business entity, such 

7 investment shall be treated as a qualified in8 vestment in the hands of the transferee (and 

9 not of the transferor) for periods after the 

10 transfer. This paragraph shall also apply to any 

11 subsequent transfer of such interest. 

12 ‘‘(B) COORDINATION OF LIMITS.—In ap13 plying subsection (b) to any qualifying loan 

14 treated as a qualified investment of a transferee 

15 under this paragraph— 

16 ‘‘(i) all credits determined under this 

17 section for any periods before the transfer 

18 with respect to the qualified investment of 

19 any prior holder of such investment shall 

20 be taken into account under paragraphs 

21 (1)(B)(ii) and (2)(A)(ii)(II) of such sub22 section in the same manner as if such 

23 credits were determined for the transferee 

24 for prior taxable years, and 


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1 ‘‘(ii) if only a portion of the qualified 

2 investment was transferred, the amount 

3 taken into account under such paragraphs 

4 by reason of clause (i) shall be ratably re5 duced to reflect only the portion so trans6 ferred. 

7 ‘‘(d) QUALIFYING BUSINESS ENTITY.—For purposes 

8 of this section— 

9 ‘‘(1) DEFINITION.— 

10 ‘‘(A) IN GENERAL.—The term ‘qualifying 

11 business entity’ means, with respect to any 

12 qualified investment, any entity which is en13 gaged in the active conduct of one or more or 

14 more trades or businesses and with respect to 

15 which— 

16 ‘‘(i) the qualified active investor own17 ership requirements of paragraph (2) are 

18 met immediately before and after the 

19 qualified investment, 

20 ‘‘(ii) the wage requirements of para21 graph (3) are met, and 

22 ‘‘(iii) the certification requirements of 

23 paragraph (4) are met. 

24 ‘‘(B) ENTITIES UNDER COMMON CON25 TROL.—For purposes of this section, all qualiVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 fying business entities treated as a single em2 ployer under subsection (a) or (b) of section 52 

3 or subsection (m) or (o) of section 414 shall be 

4 treated as a single qualifying business entity. 

5 ‘‘(2) QUALIFIED ACTIVE INVESTOR OWNERSHIP

6 REQUIREMENTS.—The requirements of this para7 graph are met with respect to any entity if qualified 

8 active investors own directly or indirectly— 

9 ‘‘(A) in the case of a corporation, more 

10 than 50 percent (by vote and value) of the 

11 stock in the corporation, and 

12 ‘‘(B) in the case of any other entity, more 

13 than 50 percent of the capital or profits inter14 ests in the entity. 

15 ‘‘(3) WAGE REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—The requirements of 

17 this paragraph are met with respect to any enti18 ty if the entity, during the taxable year of the 

19 entity preceding the taxable year in which the 

20 qualified investment is made— 

21 ‘‘(i) employed at least 1 full-time em22 ployee, or employees constituting a full23 time equivalent employee, in one or more 

24 trades or businesses actively conducted by 

25 the entity, and 


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1 ‘‘(ii) paid W–2 wages to such em2 ployee or employees with respect to such 

3 employment. 

4 ‘‘(B) CERTAIN WAGES NOT TAKEN INTO

5 ACCOUNT.—W–2 wages shall not be taken into 

6 account under subparagraph (A) if paid by an 

7 entity to an employee, and such employee shall 

8 not be taken into account under subparagraph 

9 (A)(i), during any period the employee is— 

10 ‘‘(i) a qualified active investor, or 

11 ‘‘(ii) an employee other than a quali12 fied active investor who is a 5-percent 

13 owner (as defined in section 

14 416(i)(1)(B)(i)) of the entity. 

15 ‘‘(C) W–2 WAGES.—The term ‘W–2 wages’ 

16 means, with respect to any entity, the amounts 

17 described in paragraphs (3) and (8) of section 

18 6051(a) paid by the entity with respect to em19 ployment of employees by the entity. Such term 

20 shall not include any amount which is not prop21 erly included in a return filed with the Social 

22 Security Administration on or before the 60th 

23 day after the due date (including extensions) 

24 for such return. 


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1 ‘‘(D) FULL-TIME EMPLOYEES AND

2 EQUIVALENTS.—For purposes of this para3 graph— 

4 ‘‘(i) the term ‘full-time employee’ has 

5 the meaning given to such term by section 

6 4980H(c)(4), and 

7 ‘‘(ii) the determination of the number 

8 of employees constituting a full-time equiv9 alent shall be made in the same manner as 

10 under section 4980H(c)(2)(E). 

11 ‘‘(4) CERTIFICATION REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—The requirements of 

13 this paragraph are met with respect to any enti14 ty if the entity certifies, in such form and man15 ner and at such time as the Secretary may pre16 scribe, that, at the time of the qualified invest17 ment, the entity— 

18 ‘‘(i) is engaged in the active conduct 

19 of one or more trades or businesses, and 

20 ‘‘(ii) meets the requirements of para21 graphs (2) and (3) to be treated as a 

22 qualifying business entity. 

23 ‘‘(B) CERTIFICATION PROVIDED TO INVES24 TORS AND SECRETARY.—An entity shall— 


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1 ‘‘(i) provide the certification under 

2 subparagraph (A) to the person making 

3 the qualified investment at the time such 

4 investment is made, and 

5 ‘‘(ii) include such certification, and 

6 the names, addresses, and taxpayer identi7 fication numbers of the entity’s qualified 

8 active investors and the persons making 

9 the qualified investment, with its return of 

10 tax for the taxable year which includes the 

11 date of the qualified investment. 

12 ‘‘(C) CERTIFICATION INCLUDED WITH RE13 TURN CLAIMING CREDIT.—No credit shall be 

14 determined under subsection (a) with respect to 

15 any taxpayer making a qualified investment in 

16 a qualifying business entity unless the taxpayer 

17 includes the certification under subparagraph 

18 (A) with respect to the investment with its re19 turn of tax for any taxable year for which such 

20 credit is being claimed. 

21 ‘‘(D) TIMELY FILED RETURN REQUIRED.— 

22 The requirements of subparagraph (B)(ii) or 

23 (C) shall be treated as met only if the return 

24 described in such subparagraph is filed on or 

25 before its due date (including extensions). 


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1 ‘‘(5) QUALIFIED ACTIVE INVESTOR.— 

2 ‘‘(A) IN GENERAL.—The term ‘qualified 

3 active investor’ means, with respect to any enti4 ty, an individual who— 

5 ‘‘(i) is a citizen or resident of the 

6 United States, 

7 ‘‘(ii) materially participates (within 

8 the meaning of section 469(h)) in one or 

9 more trades or businesses actively con10 ducted by the entity, 

11 ‘‘(iii) holds stock, or a capital or prof12 its interest, in the entity, and 

13 ‘‘(iv) meets the income requirements 

14 of subparagraph (B). 

15 ‘‘(B) INCOME REQUIREMENTS.—The re16 quirements of this subparagraph are met with 

17 respect to an individual if the average annual 

18 taxable income of the individual for the 3 tax19 able years of the individual immediately pre20 ceding the taxable year in which the qualified 

21 investment is made does not exceed the applica22 ble amount. 

23 ‘‘(C) APPLICABLE AMOUNT.—For purposes 

24 of this paragraph, the term ‘applicable amount’ 


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1 means, with respect to any taxable year in 

2 which a qualified investment is made— 

3 ‘‘(i) in the case of an individual not 

4 described in clause (ii), $100,000 (as in5 creased for the taxable year by the cost-of6 living adjustment under subsection (e)(2)), 

7 and 

8 ‘‘(ii) in the case of an individual who 

9 is a married individual filing a joint return 

10 or who is a head of household (as defined 

11 in section 2(b)) for the taxable year, an 

12 amount equal to 2 times the amount in ef13 fect under clause (i) for the taxable year. 

14 ‘‘(D) RULES FOR DETERMINING AVERAGE

15 TAXABLE INCOME.—For purposes of this para16 graph— 

17 ‘‘(i) a married individual filing a sepa18 rate return of tax for any taxable year 

19 shall include the taxable income of their 

20 spouse in computing the individual’s aver21 age taxable income for any period unless 

22 the Secretary determines that the spouse’s 

23 information is not available to the indi24 vidual, and 


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1 ‘‘(ii) the Secretary shall prescribe 

2 rules for the determination of average tax3 able income in cases where the individual 

4 had different filing statuses for the 3 tax5 able years described in subparagraph (B). 

6 ‘‘(e) DEFINITIONS AND SPECIAL RULES.—For pur7 poses of this section— 

8 ‘‘(1) RELATED PERSONS.—A person shall be 

9 treated as related to another person if the person 

10 bears a relationship to such other person described 

11 in section 267(b), except that section 267(b) shall be 

12 applied by substituting ‘5 percent’ for ‘50 percent’ 

13 each place it appears. 

14 ‘‘(2) COST-OF-LIVING ADJUSTMENTS.—In the 

15 case of any taxable year beginning after 2021, the 

16 $10,000 amount under subsection (b)(2)(A)(i) and 

17 the $100,000 amount under subsection (d)(5)(C)(i) 

18 shall each be increased by an amount equal to— 

19 ‘‘(A) such dollar amount, multiplied by 

20 ‘‘(B) the cost-of-living adjustment under 

21 section 1(f)(3) for the calendar year in which 

22 the taxable year begins, determined by sub23 stituting ‘2020’ for ‘2016’ in subparagraph 

24 (A)(ii) thereof. 


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1 If any increase in such $10,000 amount is not a 

2 multiple of $100, such increase shall be rounded to 

3 the next lowest multiple of $100 and if any increase 

4 in such $100,000 amount is not a multiple of 

5 $1,000, such increase shall be rounded to the next 

6 lowest multiple of $1,000. 

7 ‘‘(3) RULES RELATING TO ENTITIES.— 

8 ‘‘(A) SOLE PROPRIETORSHIPS.—If a tax9 payer carries on one or more trades or busi10 nesses as sole proprietorships, all such trades or 

11 businesses shall be treated as a single entity for 

12 purposes of applying this section. 

13 ‘‘(B) APPLICATION TO DISREGARDED EN14 TITIES.—In the case of any entity with a single 

15 owner which is disregarded as an entity sepa16 rate from its owner for purposes of this title, 

17 this section shall be applied in the same manner 

18 as if such entity were a corporation. 

19 ‘‘(f) REGULATIONS.—The Secretary shall prescribe 

20 such regulations or other guidance as may be necessary 

21 to carry out the provisions of this section.’’. 

22 (b) CREDIT TO BE PART OF GENERAL BUSINESS

23 CREDIT.—Section 38(b) of such Code is amended by strik24 ing ‘‘plus’’ at the end of paragraph (32), by striking the 


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1 period at the end of paragraph (33) and inserting ‘‘, plus’’, 

2 and by adding at the end the following new paragraph: 

3 ‘‘(34) the angel investor credit determined 

4 under section 45U(a).’’. 

5 (c) CREDIT ALLOWED AGAINST ALTERNATIVE MIN6 IMUM TAX.—Section 38(c)(4)(B) of such Code is amended 

7 by redesignating clauses (x), (xi), and (xii) as clauses (xi), 

8 (xii), and (xiii), respectively, and by inserting after clause 

9 (ix) the following new clause: 

10 ‘‘(x) the credit determined under sec11 tion 45U,’’. 

12 (d) CLERICAL AMENDMENT.—The table of sections 

13 for subpart D of part IV of subchapter A of chapter 1 

14 of such Code is amended by adding at the end the fol15 lowing new item: 

‘‘Sec. 45U. Angel investor tax credit.’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to qualified investments made in 

18 taxable years beginning after December 31, 2020. 

19 SEC. 4402. FIRST EMPLOYEE BUSINESS WAGE CREDIT. 

20 (a) ALLOWANCE OF CREDIT.— 

21 (1) IN GENERAL.—Subpart D of part IV of 

22 subchapter A of chapter 1 of the Internal Revenue 

23 Code of 1986, as amended by section 4401, is 

24 amended by adding at the end the following new sec25 tion: 


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1 ‘‘SEC. 45V. FIRST EMPLOYEE BUSINESS WAGE CREDIT. 

2 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

3 in the case of a qualifying business entity, the first em4 ployee business wage credit determined under this section 

5 for any taxable year is an amount equal to 25 percent 

6 of the qualified wages of the entity for the taxable year. 

7 ‘‘(b) DOLLAR LIMITATIONS.— 

8 ‘‘(1) IN GENERAL.—The amount of the credit 

9 determined under subsection (a) with respect to any 

10 qualifying business entity for any taxable year shall 

11 not exceed the lesser of— 

12 ‘‘(A) $10,000 (as increased for the taxable 

13 year by the cost-of-living adjustment under sub14 section (f)), or 

15 ‘‘(B) the excess (if any) of— 

16 ‘‘(i) an amount equal to 4 times the 

17 amount under subparagraph (A) for the 

18 taxable year, over 

19 ‘‘(ii) the amount of the credit deter20 mined under this section with respect to 

21 such entity for all preceding taxable years. 

22 ‘‘(2) NO CREDIT BY REASON OF COST-OF-LIV23 ING ADJUSTMENT AFTER OVERALL LIMIT FIRST

24 REACHED.—No credit shall be determined under this 

25 section with respect to any qualifying business entity 

26 for any taxable year after the first taxable year for 


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•S 5065 IS

1 which the amount determined under clause (ii) of 

2 paragraph (1)(B) equals or exceeds the amount de3 termined under clause (i) of such paragraph. 

4 ‘‘(3) PASS-THRU ENTITIES.—If a qualifying 

5 business entity is a partnership, trust, S corporation, 

6 or other pass-thru entity, the limitations under this 

7 subsection shall apply at the partnership or other 

8 entity level and not at the partner or similar level. 

9 ‘‘(c) QUALIFIED WAGES.—For purposes of this sec10 tion— 

11 ‘‘(1) IN GENERAL.—The term ‘qualified wages’ 

12 means, with respect to any qualifying business enti13 ty, the amount of W–2 wages paid or incurred dur14 ing any eligible taxable year to employees for serv15 ices performed in connection with the active conduct 

16 of a trade or business by the entity. 

17 ‘‘(2) EXCEPTION FOR QUALIFIED ACTIVE IN18 VESTORS AND 5-PERCENT OWNER-EMPLOYEES.—W– 

19 2 wages shall not be taken into account under para20 graph (1) if paid by an entity to an employee, and 

21 such employee shall not be taken into account under 

22 paragraph (3)(A), during any period the employee 

23 is— 

24 ‘‘(A) a qualified active investor, or 


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•S 5065 IS

1 ‘‘(B) an employee other than a qualified 

2 active investor who is a 5-percent owner (as de3 fined in section 416(i)(1)(B)(i)) of the entity. 

4 ‘‘(3) ELIGIBLE TAXABLE YEAR.— 

5 ‘‘(A) IN GENERAL.—The term ‘eligible tax6 able year’ means any taxable year of a quali7 fying business entity— 

8 ‘‘(i) which occurs during the period— 

9 ‘‘(I) beginning with the first tax10 able year of the entity in which the 

11 entity employed at least 1 full-time 

12 employee (or employees constituting a 

13 full-time equivalent employee) in one 

14 or more trades or businesses actively 

15 conducted by the entity during the 

16 taxable year and paid W–2 wages to 

17 such employee or employees with re18 spect to such employment, and 

19 ‘‘(II) ending with the last taxable 

20 year for which a credit may be deter21 mined for the entity under this section 

22 by reason of the limitation under sub23 section (b)(2), and 

24 ‘‘(ii) in the case of a taxable year 

25 other than the first taxable year described 


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•S 5065 IS

1 in clause (i)(I), with respect to which the 

2 entity meets the employment and wage re3 quirements of such clause. 

4 Such term shall not include any taxable year 

5 during such a period if the first taxable year 

6 described in clause (i)(I) of the entity (or any 

7 predecessor) begins before January 1, 2021. 

8 ‘‘(B) W–2 WAGES; FULL-TIME EMPLOY9 EES.—For purposes of this subsection, W–2 

10 wages, full-time employees, and full-time em11 ployee equivalents shall be determined in the 

12 same manner as under section 45U. 

13 ‘‘(d) QUALIFYING BUSINESS ENTITY.—For purposes 

14 of this section— 

15 ‘‘(1) QUALIFYING BUSINESS ENTITY DE16 FINED.— 

17 ‘‘(A) IN GENERAL.—The term ‘qualifying 

18 business entity’ means, with respect to any tax19 able year for which a credit under this section 

20 is being determined, any entity— 

21 ‘‘(i) which is engaged in the active 

22 conduct of one or more trades or busi23 nesses, 

24 ‘‘(ii) with respect to which the quali25 fied active investor ownership requirements 


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•S 5065 IS

1 of paragraph (2) of section 45U(d) are met 

2 as of the close of such taxable year (rather 

3 than immediately before and after the 

4 qualified investment), and 

5 ‘‘(iii) with respect to which the certifi6 cation requirements of paragraph (2) are 

7 met. 

8 ‘‘(B) ENTITIES UNDER COMMON CON9 TROL.—For purposes of this section— 

10 ‘‘(i) IN GENERAL.—All qualifying 

11 business entities treated as a single em12 ployer under subsection (a) or (b) of sec13 tion 52 or subsection (m) or (o) of section 

14 414 shall be treated as a single qualifying 

15 business entity. 

16 ‘‘(ii) ALLOCATION OF CREDIT.—Ex17 cept as provided in regulations, the credit 

18 under this section shall be allocated among 

19 the entities comprising the single entity de20 scribed in clause (i) in proportion to the 

21 qualified wages of each such entity taken 

22 into account under subsection (a). 

23 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—The requirements of 

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1 ty for any taxable year described in paragraph 

2 (1) if the entity certifies, in such form and 

3 manner and at such time as the Secretary may 

4 prescribe, that the entity meets the require5 ments described in clauses (i) and (ii) of para6 graph (1)(A). 

7 ‘‘(B) CERTIFICATION PROVIDED TO SEC8 RETARY.—An entity shall include the certifi9 cation under subparagraph (A), and the names, 

10 addresses, and taxpayer identification numbers 

11 of the entity’s qualified active investors (and 

12 employees who are 5-percent owners described 

13 in subsection (c)(2)(B)), with its return of tax 

14 for the taxable year to which the certification 

15 relates. The requirement of this subparagraph 

16 is met only if such return is filed before its due 

17 date (including extensions). 

18 ‘‘(3) QUALIFIED ACTIVE INVESTOR.—For pur19 poses of this section (including applying the require20 ments of paragraph (2) of section 45U(d) for pur21 poses of paragraph (1)(A)(ii)), the term ‘qualified 

22 active investor’ has the same meaning given such 

23 term by section 45U(d)(5), except that such section 

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•S 5065 IS

1 scribed in paragraph (1) (rather than the taxable 

2 year of the qualified investment). 

3 ‘‘(e) ELECTION TO APPLY CREDIT AGAINST PAY4 ROLL TAXES.— 

5 ‘‘(1) IN GENERAL.—At the election of a quali6 fying business entity, section 3111(g) shall apply to 

7 the payroll tax credit portion of the credit otherwise 

8 determined under subsection (a) for the taxable year 

9 and such portion shall not be treated (other than for 

10 purposes of section 280C) as a credit determined 

11 under subsection (a). 

12 ‘‘(2) PAYROLL TAX CREDIT PORTION.—For 

13 purposes of this subsection, the payroll tax credit 

14 portion of the credit determined under subsection 

15 (a) with respect to any qualifying business entity for 

16 any taxable year is the least of— 

17 ‘‘(A) the amount specified in the election 

18 made under this subsection, 

19 ‘‘(B) the credit determined under sub20 section (a) for the taxable year (determined be21 fore the application of this subsection), or 

22 ‘‘(C) in the case of a qualifying business 

23 entity other than a partnership, estate, S cor24 poration or other pass-thru entity, the amount 

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1 tion 39 carried from the taxable year (deter2 mined before the application of this subsection 

3 to the taxable year). 

4 ‘‘(3) ELECTION.— 

5 ‘‘(A) IN GENERAL.—Any election under 

6 this subsection for any taxable year— 

7 ‘‘(i) shall specify the amount of the 

8 credit to which such election applies, 

9 ‘‘(ii) shall be made on or before the 

10 due date (including extensions) of the re11 turn for the taxable year, and 

12 ‘‘(iii) may be revoked only with the 

13 consent of the Secretary. 

14 ‘‘(B) SPECIAL RULE FOR PASS-THRU ENTI15 TIES.—In the case of a partnership, estate, S 

16 corporation, or other pass-thru entity, the elec17 tion made under this subsection shall be made 

18 at the entity level. 

19 ‘‘(f) COST-OF-LIVING ADJUSTMENTS.—In the case of 

20 any taxable year beginning after 2021, the $10,000 

21 amount under subsection (b)(1)(A) shall be increased by 

22 an amount equal to— 

23 ‘‘(1) such dollar amount, multiplied by 

24 ‘‘(2) the cost-of-living adjustment under section 

25 1(f)(3) for the calendar year in which the taxable 


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1 year begins, determined by substituting ‘2020’ for 

2 ‘2016’ in subparagraph (A)(ii) thereof. 

3 If any increase in such amount is not a multiple of $100, 

4 such increase shall be rounded to the next lowest multiple 

5 of $100. 

6 ‘‘(g) OTHER RULES.—For purposes of this section— 

7 ‘‘(1) RULES RELATING TO ENTITIES.—Rules 

8 similar to the rules of section 45U(e)(3) shall apply. 

9 ‘‘(2) ELECTION NOT TO HAVE CREDIT APPLY.— 

10 ‘‘(A) IN GENERAL.—A taxpayer may elect 

11 not to have this section apply for any taxable 

12 year. 

13 ‘‘(B) OTHER RULES.—Rules similar to the 

14 rules of paragraphs (2) and (3) of section 51(j) 

15 shall apply for purposes of this paragraph. 

16 ‘‘(3) CERTAIN OTHER RULES MADE APPLICA17 BLE.—Rules similar to the rules of subsections (c), 

18 (d), and (e) of section 52 shall apply. 

19 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

20 such regulations or other guidance as may be necessary 

21 to carrying out the provisions of this section, including 

22 regulations— 

23 ‘‘(1) preventing the avoidance of the limitations 

24 under this section in cases in which there is a suc25 cessor or new qualified business entity with respect 


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1 to the same trade or business for which a prede2 cessor qualified business entity already claimed the 

3 credit under this section, 

4 ‘‘(2) to minimize compliance and recordkeeping 

5 burdens under the provisions of this section, and 

6 ‘‘(3) for recapturing the benefit of credits deter7 mined under section 3111(g) in cases where there is 

8 a recapture or a subsequent adjustment to the pay9 roll tax credit portion of the credit determined under 

10 subsection (a), including requiring amended income 

11 tax returns in the cases where there is such an ad12 justment.’’. 

13 (2) CREDIT TO BE PART OF GENERAL BUSI14 NESS CREDIT.—Section 38(b) of such Code, as 

15 amended by section 4401, is amended by striking 

16 ‘‘plus’’ at the end of paragraph (33), by striking the 

17 period at the end of paragraph (34) and inserting ‘‘, 

18 plus’’, and by adding at the end the following new 

19 paragraph: 

20 ‘‘(35) the first employee business wage credit 

21 determined under section 45V(a).’’. 

22 (3) CREDIT ALLOWED AGAINST ALTERNATIVE

23 MINIMUM TAX.—Section 38(c)(4)(B) of such Code, 

24 as amended by section 4401, is amended by redesig25 nating clauses (xi), (xii), and (xiii) as clauses (xii), 


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1 (xiii), and (xiv), respectively, and by inserting after 

2 clause (x) the following new clause: 

3 ‘‘(xi) the credit determined under sec4 tion 45V,’’. 

5 (4) CLERICAL AMENDMENT.—The table of sec6 tions for subpart D of part IV of subchapter A of 

7 chapter 1 of such Code, as amended by section 

8 4401, is amended by adding at the end the following 

9 new item: 

‘‘Sec. 45V. First employee business wage credit.’’. 

10 (b) PAYROLL TAX CREDIT.—Section 3111 of the In11 ternal Revenue Code of 1986 is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(g) CREDIT FOR FIRST EMPLOYEE BUSINESS WAGE

14 EXPENSES.— 

15 ‘‘(1) IN GENERAL.—In the case of a taxpayer 

16 who has made an election under section 45V(e) for 

17 a taxable year, there shall be allowed as a credit 

18 against the tax imposed by subsection (a) for the 

19 first calendar quarter which begins after the date on 

20 which the taxpayer files the return for the taxable 

21 year an amount equal to the payroll tax credit por22 tion determined under section 45V(e)(2). 

23 ‘‘(2) LIMITATION.—The credit allowed by para24 graph (1) shall not exceed the tax imposed by sub25 section (a) for any calendar quarter on the wages 


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1 paid with respect to the employment of all individ2 uals in the employ of the employer. 

3 ‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the 

4 amount of the credit under paragraph (1) exceeds 

5 the limitation of paragraph (2) for any calendar 

6 quarter, such excess shall be carried to the suc7 ceeding calendar quarter and allowed as a credit 

8 under paragraph (1) for such quarter. 

9 ‘‘(4) DEDUCTION ALLOWED FOR CREDITED

10 AMOUNTS.—Notwithstanding section 280C(a), the 

11 credit allowed under paragraph (1) shall not be 

12 taken into account for purposes of determining the 

13 amount of any deduction allowed under chapter 1 

14 for taxes imposed under subsection (a).’’. 

15 (c) COORDINATION WITH DEDUCTIONS AND OTHER

16 CREDITS.— 

17 (1) DEDUCTIONS.—Section 280C(a) of the In18 ternal Revenue Code of 1986 is amended by insert19 ing ‘‘45V(a),’’ after ‘‘45S(a),’’. 

20 (2) OTHER CREDITS.— 

21 (A) Section 41(b)(2)(D) of such Code is 

22 amended by adding at the end the following: 

23 ‘‘(iv) EXCLUSION FOR WAGES TO

24 WHICH FIRST EMPLOYEE WAGE CREDIT

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1 clude any amount taken into account in 

2 determining the credit under section 

3 45V.’’. 

4 (B) Section 45A(b)(1) of such Code is 

5 amended by adding at the end the following: 

6 ‘‘(C) COORDINATION WITH FIRST EM7 PLOYEE WAGE CREDIT.—The term ‘qualified 

8 wages’ shall not include wages if any portion of 

9 such wages is taken into account in determining 

10 the credit under section 45V.’’. 

11 (C) Section 1396(c)(3) of such Code is 

12 amended— 

13 (i) by striking ‘‘section 51’’ each place 

14 it appears and inserting ‘‘section 45V or 

15 51’’, and 

16 (ii) by inserting ‘‘AND FIRST EM17 PLOYEE WAGE’’ after ‘‘OPPORTUNITY’’ in 

18 the heading thereof. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to taxable years beginning after 

21 December 31, 2020. 


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1 Subtitle E—Community 

2 Development Investment 

3 SEC. 4501. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Jobs and Neigh5 borhood Investment Act’’. 

6 SEC. 4502. PURPOSE. 

7 The purpose of this subtitle is to— 

8 (1) establish programs to revitalize and provide 

9 long-term financial products and service availability 

10 for, and provide investments in, low- and moderate11 income and minority communities; 

12 (2) respond to the unprecedented loss of Black13 owned businesses and unemployment; and 

14 (3) otherwise enhance the stability, safety and 

15 soundness of community financial institutions that 

16 support low- and moderate-income and minority 

17 communities. 

18 SEC. 4503. CONSIDERATIONS; REQUIREMENTS FOR CREDI19 TORS. 

20 (a) IN GENERAL.—In exercising the authorities 

21 under this subtitle and the amendments made by this sub22 title, the Secretary of the Treasury shall take into consid23 eration— 

24 (1) increasing the availability of affordable 

25 credit for consumers, small businesses, and nonprofit 


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1 organizations, including for projects supporting af2 fordable housing, community-serving real estate, and 

3 other projects, that provide direct benefits to low4 and moderate-income communities, low-income and 

5 underserved individuals, and minorities; 

6 (2) providing funding to minority-owned or mi7 nority-led eligible institutions and other eligible insti8 tutions that have a strong track record of serving 

9 minority small businesses; 

10 (3) protecting and increasing jobs in the United 

11 States; 

12 (4) increasing the opportunity for small busi13 ness, affordable housing and community develop14 ment in geographic areas and demographic segments 

15 with poverty and high unemployment rates that ex16 ceed the average in the United States; 

17 (5) ensuring that all low- and moderate-income 

18 community financial institutions may apply to par19 ticipate in the programs established under this sub20 title and the amendments made by this subtitle, 

21 without discrimination based on geography; 

22 (6) providing transparency with respect to use 

23 of funds provided under this subtitle and the amend24 ments made by this subtitle; 


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1 (7) promoting and engaging in financial edu2 cation to would-be borrowers; and 

3 (8) providing funding to eligible institutions 

4 that serve consumers, small businesses, and non5 profit organizations to support affordable housing, 

6 community-serving real estate, and other projects 

7 that provide direct benefits to low- and moderate-in8 come communities, low-income individuals, and mi9 norities directly affected by the COVID–19 pan10 demic. 

11 (b) REQUIREMENT FOR CREDITORS.—Any creditor 

12 participating in a program established under this subtitle 

13 or the amendments made by this subtitle shall fully comply 

14 with all applicable statutory and regulatory requirements 

15 relating to fair lending. 

16 SEC. 4504. SENSE OF CONGRESS. 

17 The following is the sense of Congress: 

18 (1) The Department of the Treasury, Board of 

19 Governors of the Federal Reserve System, Small 

20 Business Administration, Office of the Comptroller 

21 of the Currency, Federal Deposit Insurance Cor22 poration, National Credit Union Administration, and 

23 other Federal agencies should take steps to support, 

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1 tions in the near term, especially as they carry out 

2 programs to respond to the COVID–19 pandemic, 

3 and the long term. 

4 (2) The Board of Governors of the Federal Re5 serve System should, consistent with its mandates, 

6 work to increase lending by minority depository in7 stitutions and community development financial in8 stitutions to underserved communities, and when ap9 propriate, should work with the Department of the 

10 Treasury to increase lending by minority depository 

11 institutions and community development financial 

12 institutions to underserved communities. 

13 (3) The Department of the Treasury and pru14 dential regulators should establish a strategic plan 

15 identifying concrete steps that they can take to sup16 port existing minority depository institutions, as well 

17 as the formation of new minority depository institu18 tions consistent with the goals established in the Fi19 nancial Institutions Reform, Recovery, and Enforce20 ment Act of 1989 to preserve and promote minority 

21 depository institutions. 

22 (4) Congress should increase funding and make 

23 other enhancements, including those provided by this 

24 legislation, to enhance the effectiveness of the CDFI 

25 Fund, especially reforms to support minority-owned 


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1 and minority led CDFIs in times of crisis and be2 yond. 

3 (5) Congress should conduct robust and ongo4 ing oversight of the Department of the Treasury, 

5 CDFI Fund, Federal prudential regulators, SBA, 

6 and other Federal agencies to ensure they fulfill 

7 their obligations under the law as well as implement 

8 this title and other laws in a manner that supports 

9 and fully utilizes minority depository institutions 

10 and community development financial intuitions, as 

11 appropriate. 

12 (6) The investments made by the Secretary of 

13 the Treasury under this subtitle and the amend14 ments made by this subtitle should be designed to 

15 maximize the benefit to low- and moderate-income 

16 and minority communities and contemplate losses to 

17 capital of the Treasury. 

18 SEC. 4505. NEIGHBORHOOD CAPITAL INVESTMENT PRO19 GRAM. 

20 Title IV of the CARES Act (15 U.S.C. 9041 et seq.) 

21 is amended— 

22 (1) in section 4002 (15 U.S.C. 9041)— 

23 (A) by redesignating paragraphs (7) 

24 through (10) as paragraphs (9) through (12), 

25 respectively; and 


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1 (B) by inserting after paragraph (6) the 

2 following: 

3 ‘‘(7) LOW- AND MODERATE-INCOME COMMU4 NITY FINANCIAL INSTITUTION.—The term ‘low- and 

5 moderate-income community financial institution’ 

6 means any financial institution that is— 

7 ‘‘(A) a community development financial 

8 institution, as defined in section 103 of the Rie9 gle Community Development and Regulatory 

10 Improvement Act of 1994 (12 U.S.C. 4702); or 

11 ‘‘(B) a minority depository institution. 

12 ‘‘(8) MINORITY DEPOSITORY INSTITUTION.— 

13 The term ‘minority depository institution’— 

14 ‘‘(A) has the meaning given that term 

15 under section 308 of the Financial Institutions 

16 Reform, Recovery, and Enforcement Act of 

17 1989 (12 U.S.C. 1463 note); 

18 ‘‘(B) means an entity considered to be a 

19 minority depository institution by— 

20 ‘‘(i) the appropriate Federal banking 

21 agency, as defined in section 3 of the Fed22 eral Deposit Insurance Act(12 U.S.C. 

23 1813); or 


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1 ‘‘(ii) the National Credit Union Ad2 ministration, in the case of an insured 

3 credit union; and 

4 ‘‘(C) means an entity listed in the Federal 

5 Deposit Insurance Corporation’s Minority De6 pository Institutions List published for the Sec7 ond Quarter 2020.’’; 

8 (2) in section 4003 (15 U.S.C. 9042), by add9 ing at the end the following: 

10 ‘‘(i) NEIGHBORHOOD CAPITAL INVESTMENT PRO11 GRAM.— 

12 ‘‘(1) DEFINITIONS.—In this subsection— 

13 ‘‘(A) the term ‘community development fi14 nancial institution’ has the meaning given the 

15 term in section 103 of the Riegle Community 

16 Development and Regulatory Improvement Act 

17 of 1994 (12 U.S.C. 4702); 

18 ‘‘(B) the term ‘Fund’ means the Commu19 nity Development Financial Institutions Fund 

20 established under section 104(a) of the Riegle 

21 Community Development and Regulatory Im22 provement Act of 1994 (12 U.S.C. 4703(a)); 

23 ‘‘(C) the term ‘minority’ means any Black 

24 American, Native American, Hispanic Amer25 ican, or Asian American; 


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1 ‘‘(D) the term ‘Program’ means the Neigh2 borhood Capital Investment Program estab3 lished under paragraph (2); and 

4 ‘‘(E) the ‘Secretary’ means the Secretary 

5 of the Treasury. 

6 ‘‘(2) ESTABLISHMENT.—The Secretary of the 

7 Treasury shall establish a Neighborhood Capital In8 vestment Program to support the efforts of low- and 

9 moderate-income community financial institutions 

10 to, among other things, provide loans and forbear11 ance for small businesses, minority-owned busi12 nesses, and consumers, especially in low-income and 

13 underserved communities, by providing direct capital 

14 investments in low- and moderate-income community 

15 financial institutions. 

16 ‘‘(3) APPLICATION.— 

17 ‘‘(A) ACCEPTANCE.—The Secretary shall 

18 begin accepting applications for capital invest19 ments under the Program not later than the 

20 end of the 30-day period beginning on the date 

21 of enactment of this subsection, with priority in 

22 distribution given to low- and moderate-income 

23 community financial institutions that are mi24 nority lending institutions, as defined in section 

25 103 of the Community Development Banking 


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1 and Financial Institutions Act of 1994 (12 

2 U.S.C. 4702). 

3 ‘‘(B) REQUIREMENT TO PROVIDE A NEIGH4 BORHOOD INVESTMENT LENDING PLAN.— 

5 ‘‘(i) IN GENERAL.—At the time that 

6 an applicant submits an application to the 

7 Secretary for a capital investment under 

8 the Program, the applicant shall provide 

9 the Secretary, along with the appropriate 

10 Federal banking agency, an investment 

11 and lending plan that— 

12 ‘‘(I) demonstrates that not less 

13 than 30 percent of the lending of the 

14 applicant over the past 2 fiscal years 

15 was made directly to low- and mod16 erate income borrowers, to borrowers 

17 that create direct benefits for low- and 

18 moderate-income populations, to other 

19 targeted populations as defined by the 

20 Fund, or any combination thereof, as 

21 measured by the total number and 

22 dollar amount of loans; 

23 ‘‘(II) describes how the business 

24 strategy and operating goals of the 

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1 velopment needs, which includes the 

2 needs of small businesses, consumers, 

3 nonprofit organizations, community 

4 development, and other projects pro5 viding direct benefits to low- and mod6 erate-income communities, low-income 

7 individuals, and minorities within the 

8 minority, rural, and urban low-income 

9 and underserved areas served by the 

10 applicant; 

11 ‘‘(III) includes a plan to provide 

12 linguistically and culturally appro13 priate outreach, where appropriate; 

14 ‘‘(IV) includes an attestation by 

15 the applicant that the applicant does 

16 not own, service, or offer any financial 

17 products at an annual percentage rate 

18 of more than 36 percent interest, as 

19 defined in section 987(i)(4) of title 

20 10, United States Code, and is com21 pliant with State interest rate laws; 

22 and 

23 ‘‘(V) includes details on how the 

24 applicant plans to expand or maintain 

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1 tivity in low- or moderate-income mi2 nority communities, to historically dis3 advantaged borrowers, and to minori4 ties that have significant unmet cap5 ital or financial services needs. 

6 ‘‘(ii) COMMUNITY DEVELOPMENT

7 LOAN FUNDS.—An applicant that is not an 

8 insured community development financial 

9 institution or otherwise regulated by a 

10 Federal financial regulator shall submit 

11 the plan described in clause (i) only to the 

12 Secretary. 

13 ‘‘(iii) DOCUMENTATION.—In the case 

14 of an applicant that is certified as a com15 munity development financial institution as 

16 of the date of enactment of this subsection, 

17 for purposes of clause (i)(I), the Secretary 

18 may rely on documentation submitted the 

19 Fund as part of certification compliance 

20 reporting. 

21 ‘‘(4) INCENTIVES TO INCREASE LENDING AND

22 PROVIDE AFFORDABLE CREDIT.— 

23 ‘‘(A) REQUIREMENTS ON PREFERRED

24 STOCK AND OTHER FINANCIAL INSTRUMENT.— 

25 Any financial instrument issued to Treasury by 


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1 a low- and moderate-income community finan2 cial institution under the Program shall provide 

3 the following: 

4 ‘‘(i) No dividends, interest or other 

5 payments shall exceed 2 percent per 

6 annum. 

7 ‘‘(ii) After the first 24 months from 

8 the date of the capital investment under 

9 the Program, annual payments may be re10 quired, as determined by the Secretary and 

11 in accordance with this section, and ad12 justed downward based on the amount of 

13 affordable credit provided by the low- and 

14 moderate-income community financial in15 stitution to borrowers in minority, rural, 

16 and urban low-income and underserved 

17 communities. 

18 ‘‘(iii) During any calendar quarter 

19 after the initial 24-month period referred 

20 to in clause (ii), the annual payment rate 

21 of a low- and moderate-income community 

22 financial institution shall be adjusted 

23 downward to reflect the following schedule, 

24 based on lending by the institution relative 

25 to the baseline period: 


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1 ‘‘(I) If the institution in the most 

2 recent annual period prior to the in3 vestment provides significant lending 

4 or investment activity in low- or mod5 erate-income minority communities, 

6 historically disadvantaged borrowers, 

7 and to minorities that have significant 

8 unmet capital or financial services, 

9 the annual payment rate shall not ex10 ceed 0.5 percent per annum. 

11 ‘‘(II) If the amount of lending 

12 within minority, rural, and urban low13 income and underserved communities 

14 and to low- and moderate-income bor15 rowers has increased dollar for dollar 

16 based on the amount of the capital in17 vestment, the annual payment rate 

18 shall not exceed 1 percent per annum. 

19 ‘‘(III) If the amount of lending 

20 within minority, rural, and urban low21 income and underserved communities 

22 and to low- and moderate-income bor23 rowers has increased by twice the 

24 amount of the capital investment, the 


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1 annual payment rate shall not exceed 

2 0.5 percent per annum. 

3 ‘‘(B) CONTINGENCY OF PAYMENTS BASED

4 ON CERTAIN FINANCIAL CRITERIA.— 

5 ‘‘(i) DEFERRAL.—Any annual pay6 ments under this subsection shall be de7 ferred in any quarter or payment period if 

8 any of the following is true: 

9 ‘‘(I) The low- and moderate-in10 come community institution fails to 

11 meet the Tier 1 capital ratio or simi12 lar ratio as determined by the Sec13 retary. 

14 ‘‘(II) The low- and moderate-in15 come community financial institution 

16 fails to achieve positive net income for 

17 the quarter or payment period. 

18 ‘‘(III) The low- and moderate-in19 come community financial institution 

20 determines that the payment would be 

21 detrimental to the financial health of 

22 the institution. 

23 ‘‘(ii) TESTING DURING NEXT PAY24 MENT PERIOD.—Any deferred annual pay25 ment under this subsection shall be tested 


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1 against the metrics described in clause (i) 

2 at the beginning of the next payment pe3 riod, and such payments shall continue to 

4 be deferred until the metrics described in 

5 that clause are no longer applicable. 

6 ‘‘(5) RESTRICTIONS.— 

7 ‘‘(A) IN GENERAL.—Each low- and mod8 erate-income community financial institution 

9 may only issue financial instruments or senior 

10 preferred stock under this subsection with an 

11 aggregate principal amount that is— 

12 ‘‘(i) not more than 15 percent of risk13 weighted assets for an institution with as14 sets of more than $2,000,000,000; 

15 ‘‘(ii) not more than 25 percent of 

16 risk-weighted assets for an institution with 

17 assets of not less than $500,000,000 and 

18 not more than $2,000,000,000; and 

19 ‘‘(iii) not more than 30 percent of 

20 risk-weighted assets for an institution with 

21 assets of less than $500,000,000. 

22 ‘‘(B) HOLDING OF INSTRUMENTS.—Hold23 ing any instrument of a low- and moderate-in24 come community financial institution described 

25 in subparagraph (A) shall not give the Treasury 


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1 or any successor that owns the instrument any 

2 rights over the management of the institution. 

3 ‘‘(C) SALE OF INTEREST.—With respect to 

4 a capital investment made into a low- and mod5 erate-income community financial institution 

6 under this subsection, the Secretary— 

7 ‘‘(i) except as provided in clause (iv), 

8 during the 10-year period following the in9 vestment, may not sell the interest of the 

10 Secretary in the capital investment to a 

11 third party; 

12 ‘‘(ii) shall provide the low- and mod13 erate-income community financial institu14 tion a right of first refusal to buy back the 

15 investment under terms that do not exceed 

16 a value as determined by an independent 

17 third party; and 

18 ‘‘(iii) shall not sell more than a 5 per19 cent ownership interest in the capital in20 vestment to a single third party; and 

21 ‘‘(iv) with the permission of the insti22 tution, may gift or sell the interest of the 

23 Secretary in the capital investment for a 

24 de minimus amount to a mission aligned 

25 nonprofit affiliate of an applicant that is 


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1 an insured community development finan2 cial institution, as defined in section 103 of 

3 the Riegle Community Development and 

4 Regulatory Improvement Act of 1994 (12 

5 U.S.C. 4702). 

6 ‘‘(v) CALCULATION OF OWNERSHIP

7 FOR MINORITY DEPOSITORY INSTITU8 TIONS.—The calculation and determination 

9 of ownership thresholds for a depository 

10 institution to qualify as a minority deposi11 tory institution described in section 

12 4002(7)(B) shall exclude any dilutive effect 

13 of equity investments by the Federal Gov14 ernment, including under the Program or 

15 through the Fund. 

16 ‘‘(6) AVAILABLE AMOUNTS.—In carrying out 

17 the Program, the Secretary shall use not more than 

18 $13,000,000,000, from amounts appropriated under 

19 section 4027, of which not less than $7,000,000,000 

20 shall be used for direct capital investments under 

21 the Program. 

22 ‘‘(7) TREATMENT OF CAPITAL INVESTMENTS.— 

23 In making any capital investment under the Pro24 gram, the Secretary shall ensure that the terms of 


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1 the investment are designed to ensure the invest2 ment receives Tier 1 capital treatment. 

3 ‘‘(8) OUTREACH TO MINORITIES.—The Sec4 retary shall require low- and moderate-income com5 munity financial institutions receiving capital invest6 ments under the Program to provide linguistically 

7 and culturally appropriate outreach and advertising 

8 describing the availability and application process of 

9 receiving loans made possible by the Program 

10 through organizations, trade associations, and indi11 viduals that represent or work within or are mem12 bers of minority communities. 

13 ‘‘(9) RESTRICTIONS.— 

14 ‘‘(A) IN GENERAL.—Not later than the 

15 end of the 30-day period beginning on the date 

16 of enactment of this subsection, the Secretary 

17 of the Treasury shall issue rules setting restric18 tions on executive compensation, share 

19 buybacks, and dividend payments for recipients 

20 of capital investments under the Program. 

21 ‘‘(B) RULE OF CONSTRUCTION.—The pro22 visions of section 4019 shall apply to invest23 ments made under the Program. 

24 ‘‘(10) TERMINATION OF INVESTMENT AUTHOR25 ITY.—The authority to make capital investments in 


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1 low- and moderate-income community financial insti2 tutions, including commitments to purchase pre3 ferred stock or other instruments, provided under 

4 the Program shall terminate on the date that is 36 

5 months after the date of enactment of this sub6 section. 

7 ‘‘(11) COLLECTION OF DATA.—Notwithstanding 

8 the Equal Credit Opportunity Act (15 U.S.C. 1691 

9 et seq.)— 

10 ‘‘(A) any low- and moderate-income com11 munity financial institution may collect data de12 scribed in section 701(a)(1) of that Act (15 

13 U.S.C. 1691(a)(1)) from borrowers and appli14 cants for credit for the purpose of monitoring 

15 compliance under the plan required under para16 graph (4)(B); and 

17 ‘‘(B) a low- and moderate-income commu18 nity financial institution that collects the data 

19 described in subparagraph (A) shall not be sub20 ject to adverse action related to that collection 

21 by the Bureau of Consumer Financial Protec22 tion or any other Federal agency. 

23 ‘‘(12) DEPOSIT OF FUNDS.—All funds received 

24 by the Secretary in connection with purchases made 

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1 ments, dividend payments, and proceeds from the 

2 sale of any financial instrument, shall be deposited 

3 into the Fund and used to provide financial and 

4 technical assistance pursuant to section 108 of the 

5 Riegle Community Development and Regulatory Im6 provement Act of 1994 (12 U.S.C. 4707), except 

7 that subsection (e) of that section shall be waived. 

8 ‘‘(13) EQUITY EQUIVALENT INVESTMENT OP9 TION.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 establish an Equity Equivalent Investment Op12 tion, under which, with respect to a specific in13 vestment in a low- and moderate-income com14 munity financial institution— 

15 ‘‘(i) 80 percent of such investment is 

16 made by the Secretary under the Program; 

17 and 

18 ‘‘(ii) 20 percent of such investment if 

19 made by a banking institution. 

20 ‘‘(B) REQUIREMENT TO FOLLOW SIMILAR

21 TERMS AND CONDITIONS.—The terms and con22 ditions applicable to investments made by the 

23 Secretary under the Program shall apply to any 

24 investment made by a banking institution under 

25 this paragraph. 


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1 ‘‘(C) LIMITATIONS.—The amount of a spe2 cific investment described under subparagraph 

3 (A) may not exceed $10,000,000, but the re4 ceipt of an investment under subparagraph (A) 

5 shall not preclude the recipient from being eligi6 ble for other assistance under the Program. 

7 ‘‘(D) BANKING INSTITUTION DEFINED.— 

8 In this paragraph, the term ‘banking institu9 tion’ means any entity with respect to which 

10 there is an appropriate Federal banking agency, 

11 as defined in section 3 of the Federal Deposit 

12 Insurance Act (12 U.S.C. 1813). 

13 ‘‘(j) APPLICATION OF THE MILITARY LENDING

14 ACT.— 

15 ‘‘(1) IN GENERAL.—No low- and moderate-in16 come community financial institution that receives 

17 an equity investment under subsection (i) shall, for 

18 so long as the investment or participation continues, 

19 make any loan at an annualized percentage rate 

20 above 36 percent, as determined in accordance with 

21 section 987(b) of title 10, United States Code (com22 monly known as the ‘Military Lending Act)’. 

23 ‘‘(2) NO EXEMPTIONS PERMITTED.—The ex24 emption authority of the Bureau under section 

25 105(f) of the Truth in Lending Act (15 U.S.C. 


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1 1604(f)) shall not apply with respect to this sub2 section.’’. 

3 SEC. 4506. EMERGENCY SUPPORT FOR CDFIS AND COMMU4 NITIES. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Fund $4,000,000,000 

7 for fiscal year 2021, for providing financial assistance and 

8 technical assistance under subparagraphs (A) and (B) of 

9 section 108(a)(1) of the Community Development Bank10 ing and Financial Institutions Act of 1994 (12 U.S.C. 

11 4707(a)(1)), except that subsection (d) of such section 

12 108 shall not apply to the provision of such assistance, 

13 for the Bank Enterprise Award program, and for financial 

14 assistance, technical assistance, training, and outreach 

15 programs designed to benefit Native American, Native 

16 Hawaiian, and Alaska Native communities and provided 

17 primarily through qualified community development lender 

18 organizations with experience and expertise in community 

19 development banking and lending in Indian country, Na20 tive American organizations, Tribes and Tribal organiza21 tions, and other suitable providers. 

22 (b) SET ASIDES.—Of the amounts appropriated pur23 suant to the authorization under subsection (a), the fol24 lowing amounts shall be set aside: 


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1 (1) Up to $400,000,000, to remain available 

2 until expended, to provide grants to CDFIs— 

3 (A) to expand lending or investment activ4 ity in low- or moderate-income minority commu5 nities and to minorities that have significant 

6 unmet capital or financial services needs, of 

7 which not less than $10,000,000 may be for 

8 grants to benefit Native American, Native Ha9 waiian, and Alaska Native communities; and 

10 (B) using a formula that takes into ac11 count criteria such as certification status, finan12 cial and compliance performance, portfolio and 

13 balance sheet strength, a diversity of CDFI 

14 business model types, and program capacity, as 

15 well as experience making loans and invest16 ments to those areas and populations identified 

17 in this paragraph. 

18 (2) Up to $160,000,000, to remain available 

19 until expended, for technical assistance, technology, 

20 and training under sections 108(a)(1)(B) and 109, 

21 respectively, of the Community Development Bank22 ing and Financial Institutions Act of 1994 (12 

23 U.S.C. 4707(a)(1)(B), 4708), with a preference for 

24 minority lending institutions. 


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1 (3) Up to $800,000,000, to remain available 

2 until expended, shall be for providing financial as3 sistance, technical assistance, awards, training, and 

4 outreach programs described under subsection (a) to 

5 recipients that are minority lending institutions. 

6 (c) ADMINISTRATIVE EXPENSES.—Funds appro7 priated pursuant to the authorization under subsection (a) 

8 may be used for administrative expenses, including admin9 istration of Fund programs and the New Markets Tax 

10 Credit Program under section 45D of the Internal Rev11 enue Code of 1986. 

12 (d) DEFINITIONS.—In this section: 

13 (1) CDFI.—The term ‘‘CDFI’’ means a com14 munity development financial institution, as defined 

15 in section 103 of the Community Development 

16 Banking and Financial Institutions Act of 1994 (12 

17 U.S.C. 4702). 

18 (2) FUND.—The term ‘‘Fund’’ means the Com19 munity Development Financial Institutions Fund es20 tablished under section 104(a) of the Community 

21 Development Banking and Financial Institutions Act 

22 of 1994 (12 U.S.C. 4703(a)). 

23 (3) MINORITY; MINORITY LENDING INSTITU24 TION.—The terms ‘‘minority’’ and ‘‘minority lending 

25 institution’’ have the meanings given those terms, 


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1 respectively, under subparagraphs (A) and (B) of 

2 paragraph (22) of section 103 of the Community 

3 Development Banking and Financial Institutions Act 

4 of 1994 (12 U.S.C. 4702), as added by section 

5 4509. 

6 SEC. 4507. ENSURING DIVERSITY IN COMMUNITY BANKING. 

7 (a) SENSE OF CONGRESS ON FUNDING THE LOAN8 LOSS RESERVE FUND FOR SMALL DOLLAR LOANS.—The 

9 sense of Congress is the following: 

10 (1) The Community Development Financial In11 stitutions Fund (referred to in this subsection as the 

12 ‘‘CDFI Fund’’) is an agency of the Department of 

13 the Treasury, and was established under section 

14 104(a) of the Community Development Banking and 

15 Financial Institutions Act of 1994 (12 U.S.C. 

16 4703(a)). The mission of the CDFI Fund is ‘‘to ex17 pand economic opportunity for underserved people 

18 and communities by supporting the growth and ca19 pacity of a national network of community develop20 ment lenders, investors, and financial service pro21 viders’’. A community development financial institu22 tion is a specialized financial institution serving low23 income communities and a Community Development 

24 Entity (referred to in this subsection as a ‘‘CDE’’) 

25 is a domestic corporation or partnership that is an 


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1 intermediary vehicle for the provision of loans, in2 vestments, or financial counseling in low-income 

3 communities. The CDFI Fund certifies community 

4 development financial institutions and CDEs. Be5 coming a certified community development financial 

6 institution or CDE allows organizations to partici7 pate in various CDFI Fund programs as follows: 

8 (A) The Bank Enterprise Award Program, 

9 which provides FDIC-insured depository institu10 tions awards for a demonstrated increase in 

11 lending and investments in distressed commu12 nities and community development financial in13 stitutions. 

14 (B) The CDFI Program, which provides fi15 nancial and technical assistance awards to com16 munity development financial institutions to re17 invest in the CDFI Fund, and to build the ca18 pacity of the CDFI Fund, including financing 

19 product development and loan loss reserves. 

20 (C) The Native American CDFI Assistance 

21 Program, which provides CDFIs and spon22 soring entities Financial and Technical Assist23 ance awards to increase lending and grow the 

24 number of CDFIs owned by Native Americans 

25 to help build capacity of such CDFIs. 


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1 (D) The New Market Tax Credit Program, 

2 which provides tax credits for making equity in3 vestments in CDEs that stimulate capital in4 vestments in low-income communities. 

5 (E) The Capital Magnet Fund, which pro6 vides awards to CDFIs and nonprofit affordable 

7 housing organizations to finance affordable 

8 housing solutions and related economic develop9 ment activities. 

10 (F) The Bond Guarantee Program, a 

11 source of long-term, patient capital for CDFIs 

12 to expand lending and investment capacity for 

13 community and economic development purposes. 

14 (2) The Department of the Treasury is author15 ized to create multi-year grant programs designed to 

16 encourage low-to-moderate income individuals to es17 tablish accounts at federally insured banks, and to 

18 improve low-to-moderate income individuals’ access 

19 to such accounts on reasonable terms. 

20 (3) Under this authority, grants to participants 

21 in CDFI Fund programs may be used for loan-loss 

22 reserves and to establish small-dollar loan programs 

23 by subsidizing related losses. These grants also allow 

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1 actions and manage their accounts. These loans pro2 vide low-cost alternatives to payday loans and other 

3 nontraditional forms of financing that often impose 

4 excessive interest rates and fees on borrowers, and 

5 lead millions of people in the United States to fall 

6 into debt traps. Small-dollar loans can only be made 

7 pursuant to terms, conditions, and practices that are 

8 reasonable for the individual consumer obtaining the 

9 loan. 

10 (4) Program participation is restricted to eligi11 ble institutions, which are limited to organizations 

12 listed in section 501(c)(3) of the Internal Revenue 

13 Code of 1986 and exempt from tax under 501(a) of 

14 such Code, federally insured depository institutions, 

15 community development financial institutions and 

16 State, local, or Tribal governmental entities. 

17 (5) Since its founding, the CDFI Fund has 

18 awarded over $3,300,000,000 to CDFIs and CDEs 

19 and has allocated $54,000,000,000 in tax credits 

20 and $1,510,000,000 in bond guarantees. According 

21 to the CDFI Fund, some programs attract as much 

22 as $10 in private capital for every $1 invested by the 

23 CDFI Fund. The Administration and Congress 

24 should prioritize appropriation of funds for the loan 


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1 loss reserve fund and technical assistance programs 

2 administered by the CDFI Fund. 

3 (b) DEFINITIONS.—In this section: 

4 (1) COMMUNITY DEVELOPMENT FINANCIAL IN5 STITUTION.—The term ‘‘community development fi6 nancial institution’’ has the meaning given the term 

7 in section 103 of the Community Development 

8 Banking and Financial Institutions Act of 1994 (12 

9 U.S.C. 4702). 

10 (2) MINORITY DEPOSITORY INSTITUTION.—The 

11 term ‘‘minority depository institution’’ has the 

12 meaning given the term in section 308(b) of the Fi13 nancial Institutions Reform, Recovery, and Enforce14 ment Act of 1989 (12 U.S.C. 1463 note). 

15 (c) ESTABLISHMENT OF IMPACT BANK DESIGNA16 TION.— 

17 (1) IN GENERAL.—Each Federal banking agen18 cy shall establish a program under which a deposi19 tory institution with total consolidated assets of less 

20 than $10,000,000,000 may elect to be designated as 

21 an impact bank if the total dollar value of the loans 

22 extended by such depository institution to low-in23 come borrowers is greater than or equal to 50 per24 cent of the assets of such bank. 


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1 (2) NOTIFICATION OF ELIGIBILITY.—Based on 

2 data obtained through examinations of depository in3 stitutions, the appropriate Federal banking agency 

4 shall notify a depository institution if the institution 

5 is eligible to be designated as an impact bank. 

6 (3) APPLICATION.—Regardless of whether a de7 pository institution has received a notice of eligibility 

8 under paragraph (2), a depository institution may 

9 submit an application to the appropriate Federal 

10 banking agency— 

11 (A) requesting to be designated as an im12 pact bank; and 

13 (B) demonstrating that the depository in14 stitution meets the applicable qualifications. 

15 (4) LIMITATION ON ADDITIONAL DATA RE16 QUIREMENTS.—The Federal banking agencies may 

17 only impose additional data collection requirements 

18 on a depository institution under this subsection if 

19 such data is— 

20 (A) necessary to process an application 

21 submitted by the depository institution to be 

22 designated an impact bank; or 

23 (B) with respect to a depository institution 

24 that is designated as an impact bank, necessary 


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1 to ensure the depository institution’s ongoing 

2 qualifications to maintain such designation. 

3 (5) REMOVAL OF DESIGNATION.—If the appro4 priate Federal banking agency determines that a de5 pository institution designated as an impact bank no 

6 longer meets the criteria for such designation, the 

7 appropriate Federal banking agency shall rescind 

8 the designation and notify the depository institution 

9 of such rescission. 

10 (6) RECONSIDERATION OF DESIGNATION; AP11 PEALS.—Under such procedures as the Federal 

12 banking agencies may establish, a depository institu13 tion may— 

14 (A) submit to the appropriate Federal 

15 banking agency a request to reconsider a deter16 mination that such depository institution no 

17 longer meets the criteria for the designation; or 

18 (B) file an appeal of such determination. 

19 (7) RULEMAKING.—Not later than 1 year after 

20 the date of enactment of this Act, the Federal bank21 ing agencies shall jointly issue rules to carry out the 

22 requirements of this subsection, including by pro23 viding a definition of a low-income borrower. 

24 (8) REPORTS.—Each Federal banking agency 

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1 taining a description of actions taken to carry out 

2 this subsection. 

3 (9) FEDERAL DEPOSIT INSURANCE ACT DEFINI4 TIONS.—In this subsection, the terms ‘‘depository 

5 institution’’, ‘‘appropriate Federal banking agency’’, 

6 and ‘‘Federal banking agency’’ have the meanings 

7 given such terms, respectively, in section 3 of the 

8 Federal Deposit Insurance Act (12 U.S.C. 1813). 

9 (d) MINORITY DEPOSITORIES ADVISORY COMMIT10 TEES.— 

11 (1) ESTABLISHMENT.—Each covered regulator 

12 shall establish an advisory committee to be called the 

13 ‘‘Minority Depositories Advisory Committee’’. 

14 (2) DUTIES.—Each Minority Depositories Advi15 sory Committee shall provide advice to the respective 

16 covered regulator on meeting the goals established 

17 by section 308 of the Financial Institutions Reform, 

18 Recovery, and Enforcement Act of 1989 (12 U.S.C. 

19 1463 note) to preserve the present number of cov20 ered minority institutions, preserve the minority 

21 character of covered minority-owned institutions in 

22 cases involving mergers or acquisitions, provide tech23 nical assistance, and encourage the creation of new 

24 covered minority institutions. The scope of the work 

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1 mittee shall include an assessment of the current 

2 condition of covered minority institutions, what reg3 ulatory changes or other steps the respective agen4 cies may be able to take to fulfill the requirements 

5 of such section 308, and other issues of concern to 

6 covered minority institutions. 

7 (3) MEMBERSHIP.— 

8 (A) IN GENERAL.—Each Minority Deposi9 tories Advisory Committee shall consist of no 

10 more than 10 members, who— 

11 (i) shall serve for one 2-year term; 

12 (ii) shall serve as a representative of 

13 a depository institution or an insured cred14 it union with respect to which the respec15 tive covered regulator is the covered regu16 lator of such depository institution or in17 sured credit union; and 

18 (iii) shall not receive pay by reason of 

19 their service on the advisory committee, 

20 but may receive travel or transportation 

21 expenses in accordance with section 5703 

22 of title 5, United States Code. 

23 (B) DIVERSITY.—To the extent prac24 ticable, each covered regulator shall ensure that 

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1 sory Committee of such agency reflect the di2 versity of covered minority institutions. 

3 (4) MEETINGS.— 

4 (A) IN GENERAL.—Each Minority Deposi5 tories Advisory Committee shall meet not less 

6 frequently than twice each year. 

7 (B) NOTICE AND INVITATIONS.—Each Mi8 nority Depositories Advisory Committee shall— 

9 (i) notify the Committee on Financial 

10 Services of the House of Representatives 

11 and the Committee on Banking, Housing, 

12 and Urban Affairs of the Senate in ad13 vance of each meeting of the Minority De14 positories Advisory Committee; and 

15 (ii) invite the attendance at each 

16 meeting of the Minority Depositories Advi17 sory Committee of— 

18 (I) one member of the majority 

19 party and one member of the minority 

20 party of the Committee on Financial 

21 Services of the House of Representa22 tives and the Committee on Banking, 

23 Housing, and Urban Affairs of the 

24 Senate; and 


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1 (II) one member of the majority 

2 party and one member of the minority 

3 party of any relevant subcommittees 

4 of such committees. 

5 (5) NO TERMINATION OF ADVISORY COMMIT6 TEES.—The termination requirements under section 

7 14 of the Federal Advisory Committee Act (5 U.S.C. 

8 App.) shall not apply to a Minority Depositories Ad9 visory Committee established pursuant to this sub10 section. 

11 (6) DEFINITIONS.—In this subsection: 

12 (A) COVERED REGULATOR.—The term 

13 ‘‘covered regulator’’ means the Comptroller of 

14 the Currency, the Board of Governors of the 

15 Federal Reserve System, the Federal Deposit 

16 Insurance Corporation, and the National Credit 

17 Union Administration. 

18 (B) COVERED MINORITY INSTITUTION.— 

19 The term ‘‘covered minority institution’’ means 

20 a minority depository institution (as defined in 

21 section 308(b) of the Financial Institutions Re22 form, Recovery, and Enforcement Act of 1989 

23 (12 U.S.C. 1463 note)). 

24 (C) DEPOSITORY INSTITUTION.—The term 

25 ‘‘depository institution’’ has the meaning given 


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1 the term in section 3 of the Federal Deposit In2 surance Act (12 U.S.C. 1813). 

3 (D) INSURED CREDIT UNION.—The term 

4 ‘‘insured credit union’’ has the meaning given 

5 the term in section 101 of the Federal Credit 

6 Union Act (12 U.S.C. 1752). 

7 (7) TECHNICAL AMENDMENT.—Section 308(b) 

8 of the Financial Institutions Reform, Recovery, and 

9 Enforcement Act of 1989 (12 U.S.C. 1463 note) is 

10 amended by adding at the end the following: 

11 ‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de12 pository institution’ means an ‘insured depository in13 stitution’ (as defined in section 3 of the Federal De14 posit Insurance Act (12 U.S.C. 1813)) and an in15 sured credit union (as defined in section 101 of the 

16 Federal Credit Union Act (12 U.S.C. 1752)).’’. 

17 (e) FEDERAL DEPOSITS IN MINORITY DEPOSITORY

18 INSTITUTIONS.— 

19 (1) IN GENERAL.—Section 308 of the Financial 

20 Institutions Reform, Recovery, and Enforcement Act 

21 of 1989 (12 U.S.C. 1463 note) is amended— 

22 (A) in subsection (b), as amended by sub23 section (d)(7) of this section, by adding at the 

24 end the following new paragraph: 


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1 ‘‘(4) IMPACT BANK.—The term ‘impact bank’ 

2 means a depository institution designated by the ap3 propriate Federal banking agency pursuant to sec4 tion 4507(c) of the Economic Justice Act.’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(d) FEDERAL DEPOSITS.—The Secretary of the 

7 Treasury shall ensure that deposits made by Federal agen8 cies in minority depository institutions and impact banks 

9 are collateralized or insured, as determined by the Sec10 retary. Such deposits shall include reciprocal deposits as 

11 defined in section 337.6(e)(2)(v) of title 12, Code of Fed12 eral Regulations (as in effect on March 6, 2019).’’. 

13 (2) TECHNICAL AMENDMENTS.—Section 308(b) 

14 of the Financial Institutions Reform, Recovery, and 

15 Enforcement Act of 1989 (12 U.S.C. 1463 note) is 

16 amended— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘section—’’ and inserting ‘‘sec19 tion:’’; and 

20 (B) in the paragraph heading for para21 graph (1), by striking ‘‘FINANCIAL’’ and insert22 ing ‘‘DEPOSITORY’’. 

23 (f) MINORITY BANK DEPOSIT PROGRAM.— 

24 (1) IN GENERAL.—Section 1204 of the Finan25 cial Institutions Reform, Recovery, and Enforcement 


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1 Act of 1989 (12 U.S.C. 1811 note) is amended to 

2 read as follows: 

3 ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY 

4 INSTITUTIONS. 

5 ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— 

6 ‘‘(1) ESTABLISHMENT.—There is established a 

7 program to be known as the ‘Minority Bank Deposit 

8 Program’ to expand the use of minority depository 

9 institutions. 

10 ‘‘(2) ADMINISTRATION.—The Secretary of the 

11 Treasury, acting through the Bureau of the Fiscal 

12 Service, shall— 

13 ‘‘(A) on application by a depository institu14 tion or credit union, certify whether such depos15 itory institution or credit union is a minority 

16 depository institution; 

17 ‘‘(B) maintain and publish a list of all de18 pository institutions and credit unions that have 

19 been certified pursuant to subparagraph (A); 

20 and 

21 ‘‘(C) periodically distribute the list de22 scribed in subparagraph (B) to— 

23 ‘‘(i) all Federal departments and 

24 agencies; 


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1 ‘‘(ii) interested State and local govern2 ments; and 

3 ‘‘(iii) interested private sector compa4 nies. 

5 ‘‘(3) INCLUSION OF CERTAIN ENTITIES ON

6 LIST.—A depository institution or credit union that, 

7 on the date of enactment of the Economic Justice 

8 Act, has a current certification from the Secretary 

9 of the Treasury stating that such depository institu10 tion or credit union is a minority depository institu11 tion shall be included on the list described under 

12 paragraph (2)(B). 

13 ‘‘(b) EXPANDED USE AMONG FEDERAL DEPART14 MENTS AND AGENCIES.— 

15 ‘‘(1) IN GENERAL.—Not later than 1 year after 

16 the establishment of the program described in sub17 section (a), the head of each Federal department or 

18 agency shall develop and implement standards and 

19 procedures to prioritize, to the maximum extent pos20 sible as permitted by law and consistent with prin21 ciples of sound financial management, the use of mi22 nority depository institutions to hold the deposits of 

23 each such department or agency. 

24 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 

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1 scribed in subsection (a), and annually thereafter, 

2 the head of each Federal department or agency shall 

3 submit to Congress a report on the actions taken to 

4 increase the use of minority depository institutions 

5 to hold the deposits of each such department or 

6 agency. 

7 ‘‘(c) DEFINITIONS.—For purposes of this section: 

8 ‘‘(1) CREDIT UNION.—The term ‘credit union’ 

9 has the meaning given the term ‘insured credit 

10 union’ in section 101 of the Federal Credit Union 

11 Act (12 U.S.C. 1752). 

12 ‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de13 pository institution’ has the meaning given the term 

14 in section 3 of the Federal Deposit Insurance Act 

15 (12 U.S.C. 1813). 

16 ‘‘(3) MINORITY.—The term ‘minority’ means 

17 any Black American, Native American, Hispanic 

18 American, or Asian American. 

19 ‘‘(4) MINORITY DEPOSITORY INSTITUTION.— 

20 The term ‘minority depository institution’ has the 

21 meaning given the term in section 308(b).’’. 

22 (2) CONFORMING AMENDMENTS.—The fol23 lowing provisions are amended by striking 

24 ‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: 


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1 (A) Section 808(b)(3) of the Community 

2 Reinvestment Act of 1977 (12 U.S.C. 

3 2907(b)(3)). 

4 (B) Section 40(g)(1)(B) of the Federal De5 posit Insurance Act (12 U.S.C. 

6 1831q(g)(1)(B)). 

7 (C) Section 704B(h)(4) of the Equal Cred8 it Opportunity Act (15 U.S.C. 1691c–2(h)(4)). 

9 (g) DIVERSITY REPORT AND BEST PRACTICES.— 

10 (1) ANNUAL REPORT.—Each covered regulator 

11 shall submit to Congress an annual report on diver12 sity that includes the following: 

13 (A) Data, based on voluntary self-identi14 fication, on the racial, ethnic, and gender com15 position of the examiners of each covered regu16 lator, disaggregated by length of time served as 

17 an examiner. 

18 (B) The status of any examiners of cov19 ered regulators, based on voluntary self-identi20 fication, as a veteran, as defined in section 101 

21 of title 38, United States Code. 

22 (C) Whether any covered regulator, as of 

23 the date on which the report required under 

24 this subsection is submitted, has adopted a pol25 icy, plan, or strategy to promote racial, ethnic, 


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1 and gender diversity among examiners of the 

2 covered regulator. 

3 (D) Whether any special training is devel4 oped and provided for examiners related specifi5 cally to working with depository institutions 

6 and credit unions, as those terms are defined in 

7 section 1204(c) of the Financial Institutions 

8 Reform, Recovery, and Enforcement Act of 

9 1989 (12 U.S.C. 1811 note), as amended by 

10 subsection (f)(1) of this section, that serve com11 munities that are predominantly minorities, low 

12 income, or rural, and the key focus of such 

13 training. 

14 (2) BEST PRACTICES.—Each Office of Minority 

15 and Women Inclusion of a covered regulator shall 

16 develop, provide to the head of the covered regulator, 

17 and make publicly available best practices— 

18 (A) for increasing the diversity of can19 didates applying for examiner positions, includ20 ing through outreach efforts to recruit diverse 

21 candidates to apply for entry-level examiner po22 sitions; and 

23 (B) for retaining and providing fair consid24 eration for promotions within the examiner 


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1 staff for purposes of achieving diversity among 

2 examiners. 

3 (3) COVERED REGULATOR DEFINED.—In this 

4 subsection, the term ‘‘covered regulator’’ means the 

5 Comptroller of the Currency, the Board of Gov6 ernors of the Federal Reserve System, the Federal 

7 Deposit Insurance Corporation, and the National 

8 Credit Union Administration. 

9 (h) INVESTMENTS IN MINORITY DEPOSITORY INSTI10 TUTIONS AND IMPACT BANKS.— 

11 (1) CONTROL FOR CERTAIN INSTITUTIONS.— 

12 Section 7(j)(8)(B) of the Federal Deposit Insurance 

13 Act (12 U.S.C. 1817(j)(8)(B)) is amended to read 

14 as follows: 

15 ‘‘(B) ‘control’ means the power, directly or indi16 rectly— 

17 ‘‘(i) to direct the management or policies 

18 of an insured depository institution; or 

19 ‘‘(ii)(I) to vote 25 per centum or more of 

20 any class of voting securities of an insured de21 pository institution; or 

22 ‘‘(II) with respect to an insured depository 

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1 stitution (as defined in section 308(b) of the Fi2 nancial Institutions Reform, Recovery, and En3 forcement Act of 1989 (12 U.S.C. 1463 note)), 

4 of an individual to vote 30 percent or more of 

5 any class of voting securities of such an impact 

6 bank or a minority depository institution.’’. 

7 (2) RULEMAKING.—The Federal banking agen8 cies shall jointly issue rules for de novo minority de9 pository institutions to allow 3 years to meet the 

10 capital requirements otherwise applicable to minority 

11 depository institutions. 

12 (3) REPORT.—Not later than 1 year after the 

13 date of enactment of this Act, the Federal banking 

14 agencies shall jointly submit to Congress a report 

15 on— 

16 (A) the principal causes for the low num17 ber of de novo minority depository institutions 

18 during the 10-year period preceding the date of 

19 the report; 

20 (B) the main challenges to the creation of 

21 de novo minority depository institutions; and 

22 (C) regulatory and legislative consider23 ations to promote the establishment of de novo 

24 minority depository institutions. 

25 (4) DEFINITIONS.—In this subsection: 


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1 (A) FEDERAL BANKING AGENCY.—The 

2 term ‘‘Federal banking agency’’ has the mean3 ing given the term in section 3 of the Federal 

4 Deposit Insurance Act (12 U.S.C. 1813). 

5 (B) MINORITY DEPOSITORY INSTITU6 TION.—The term ‘‘minority depository institu7 tion’’ has the meaning given the term in section 

8 308(b) of the Financial Institutions Reform, 

9 Recovery, and Enforcement Act of 1989 (12 

10 U.S.C. 1463 note). 

11 (i) CUSTODIAL DEPOSIT PROGRAM FOR COVERED

12 MINORITY DEPOSITORY INSTITUTIONS AND IMPACT

13 BANKS.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary of 

16 the Treasury shall issue rules establishing a custo17 dial deposit program under which a covered bank 

18 may receive deposits from a qualifying account. 

19 (2) REQUIREMENTS.—In issuing rules under 

20 paragraph (1), the Secretary of the Treasury shall— 

21 (A) consult with the Federal banking agen22 cies; 

23 (B) ensure each covered bank participating 

24 in the program established under this sub25 section— 


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1 (i) has appropriate policies relating to 

2 management of assets, including measures 

3 to ensure the safety and soundness of each 

4 such covered bank; and 

5 (ii) is compliant with applicable law; 

6 and 

7 (C) ensure, to the extent practicable, that 

8 the rules do not conflict with goals described in 

9 section 308(a) of the Financial Institutions Re10 form, Recovery, and Enforcement Act of 1989 

11 (12 U.S.C. 1463 note). 

12 (3) LIMITATIONS.— 

13 (A) DEPOSITS.—With respect to the funds 

14 of an individual qualifying account, an entity 

15 may not deposit an amount greater than the in16 sured amount in a single covered bank. 

17 (B) TOTAL DEPOSITS.—The total amount 

18 of funds deposited in a covered bank under the 

19 program described in this subsection may not 

20 exceed the lesser of— 

21 (i) 10 percent of the average amount 

22 of deposits held by the covered bank in the 

23 previous quarter; or 

24 (ii) $100,000,000 (as adjusted for in25 flation). 


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1 (4) REPORT.—Each quarter, the Secretary of 

2 the Treasury shall submit to Congress a report on 

3 the implementation of the program established under 

4 this subsection, including information identifying 

5 participating covered banks and the total amount of 

6 deposits received by covered banks under the pro7 gram. 

8 (5) DEFINITIONS.—In this subsection: 

9 (A) APPROPRIATE FEDERAL BANKING

10 AGENCY; FEDERAL BANKING AGENCY.—The 

11 terms ‘‘appropriate Federal banking agency’’ 

12 and ‘‘Federal banking agencies’’ have the mean13 ing given those terms, respectively, in section 3 

14 of the Federal Deposit Insurance Act. (12 

15 U.S.C. 1813). 

16 (B) COVERED BANK.—The term ‘‘covered 

17 bank’’ means— 

18 (i) a minority depository institution 

19 that is well capitalized, as defined by the 

20 appropriate Federal banking agency; or 

21 (ii) a depository institution designated 

22 as an impact bank pursuant to subsection 

23 (c) that is well capitalized, as defined by 

24 the appropriate Federal banking agency. 


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1 (C) INSURED AMOUNT.—The term ‘‘in2 sured amount’’ means the amount that is the 

3 greater of— 

4 (i) the standard maximum deposit in5 surance amount (as defined in section 

6 11(a)(1)(E) of the Federal Deposit Insur7 ance Act (12 U.S.C. 1821(a)(1)(E))); or 

8 (ii) such higher amount negotiated be9 tween the Secretary of the Treasury and 

10 the Federal Deposit Insurance Corporation 

11 under which the Corporation will insure all 

12 deposits of such higher amount. 

13 (D) MINORITY DEPOSITORY INSTITU14 TION.—The term ‘‘minority depository institu15 tion’’ has the meaning given the term in section 

16 308(b) of the Financial Institutions Reform, 

17 Recovery, and Enforcement Act of 1989 (12 

18 U.S.C. 1463 note). 

19 (E) QUALIFYING ACCOUNT.—The term 

20 ‘‘qualifying account’’ means any account estab21 lished in the Department of the Treasury 

22 that— 

23 (i) is controlled by the Secretary; and 


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1 (ii) is expected to maintain a balance 

2 greater than $200,000,000 for the fol3 lowing 24-month period. 

4 (j) STREAMLINED COMMUNITY DEVELOPMENT FI5 NANCIAL INSTITUTION APPLICATIONS AND REPORTING.— 

6 (1) APPLICATION PROCESSES.—Not later than 

7 1 year after the date of enactment of this Act and 

8 with respect to any person having assets under 

9 $3,000,000,000 that submits an application for de10 posit insurance with the Federal Deposit Insurance 

11 Corporation that could also become a community de12 velopment financial institution, the Federal Deposit 

13 Insurance Corporation, in consultation with the Ad14 ministrator of the Community Development Finan15 cial Institutions Fund, shall— 

16 (A) develop systems and procedures to 

17 record necessary information to allow the Ad18 ministrator to conduct preliminary analysis for 

19 such person to also become a community devel20 opment financial institution; and 

21 (B) develop procedures to streamline the 

22 application and annual certification processes 

23 and to reduce costs for such person to become, 

24 and maintain certification as, a community de25 velopment financial institution. 


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1 (2) IMPLEMENTATION REPORT.—Not later than 

2 18 months after the date of enactment of this Act, 

3 the Federal Deposit Insurance Corporation shall 

4 submit to Congress a report describing the systems 

5 and procedures required under paragraph (1). 

6 (3) ANNUAL REPORT.— 

7 (A) IN GENERAL.—Section 17(a)(1) of the 

8 Federal Deposit Insurance Act (12 U.S.C. 

9 1827(a)(1)) is amended— 

10 (i) in subparagraph (E), by striking 

11 ‘‘and’’ at the end; 

12 (ii) by redesignating subparagraph 

13 (F) as subparagraph (G); 

14 (iii) by inserting after subparagraph 

15 (E) the following: 

16 ‘‘(F) applicants for deposit insurance that 

17 could also become community development fi18 nancial institutions (as defined in section 103 

19 of the Community Development Banking and 

20 Financial Institutions Act of 1994 (12 U.S.C. 

21 4702)), minority depository institutions (as de22 fined in section 308 of the Financial Institu23 tions Reform, Recovery, and Enforcement Act 

24 of 1989 (12 U.S.C. 1463 note)), or impact 


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1 banks (as designated pursuant to section 

2 4507(c) of the Economic Justice Act); and’’. 

3 (B) APPLICATION.—The amendment made 

4 by this paragraph shall apply with respect to 

5 the first report to be submitted after the date 

6 that is 2 years after the date of enactment of 

7 this Act. 

8 (4) DEFINITION.—In this subsection, the term 

9 ‘‘community development financial institution’’ has 

10 the meaning given the term in section 103 of the 

11 Community Development Banking and Financial In12 stitutions Act of 1994 (12 U.S.C. 4702). 

13 (k) TASK FORCE ON LENDING TO SMALL BUSINESS

14 CONCERNS.— 

15 (1) DEFINITIONS.—In this subsection: 

16 (A) ADMINISTRATOR.—The term ‘‘Admin17 istrator’’ means the Administrator of the Small 

18 Business Administration. 

19 (B) COMMUNITY DEVELOPMENT FINAN20 CIAL INSTITUTION.—The term ‘‘community de21 velopment financial institution’’ has the mean22 ing given the term in section 103 of the Com23 munity Development Banking and Financial In24 stitutions Act of 1994 (12 U.S.C. 4702). 


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1 (C) IMPACT BANK.—The term ‘‘impact 

2 bank’’ means a depository institution des3 ignated by the appropriate Federal banking 

4 agency pursuant to section 4507(c). 

5 (D) MINORITY DEPOSITORY INSTITU6 TION.—The term ‘‘minority depository institu7 tion’’ has the meaning given the term in section 

8 308(b) of the Financial Institutions Reform, 

9 Recovery, and Enforcement Act of 1989 (12 

10 U.S.C. 1463 note). 

11 (E) SMALL BUSINESS CONCERN.—The 

12 term ‘‘small business concern’’ has the meaning 

13 given the term in section 3 of the Small Busi14 ness Act (15 U.S.C. 632). 

15 (2) TASK FORCE.—Not later than 180 days 

16 after the date of enactment of this Act, the Adminis17 trator shall establish a task force to examine meth18 ods for improving relationships between the Small 

19 Business Administration and community develop20 ment financial institutions, minority depository insti21 tutions, and impact banks to increase the volume of 

22 loans provided by those institutions to small business 

23 concerns. 

24 (3) REPORT TO CONGRESS.—Not later than 18 

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1 scribed in paragraph (2), the Administrator shall 

2 submit to Congress a report on the findings of the 

3 task force. 

4 SEC. 4508. ESTABLISHMENT OF FINANCIAL AGENT PART5 NERSHIP PROGRAM. 

6 (a) IN GENERAL.—Section 308 of the Financial In7 stitutions Reform, Recovery, and Enforcement Act of 

8 1989 (12 U.S.C. 1463 note), as amended by section 

9 4507(e), is amended by adding at the end the following: 

10 ‘‘(e) FINANCIAL AGENT PARTNERSHIP PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Secretary of the 

12 Treasury shall establish a program to be known as 

13 the ‘Financial Agent Partnership Program’ (in this 

14 subsection referred to as the ‘Program’) under which 

15 a financial agent designated by the Secretary or a 

16 large financial institution may serve as a mentor, 

17 under guidance or regulations prescribed by the Sec18 retary, to a small financial institution to allow the 

19 small financial institution— 

20 ‘‘(A) to be prepared to perform as a finan21 cial agent; or 

22 ‘‘(B) to improve capacity to provide serv23 ices to the customers of the small financial in24 stitution. 


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1 ‘‘(2) OUTREACH.—The Secretary shall hold 

2 outreach events to promote the participation of fi3 nancial agents, large financial institutions, and small 

4 financial institutions in the Program at least once a 

5 year. 

6 ‘‘(3) FINANCIAL PARTNERSHIPS.— 

7 ‘‘(A) IN GENERAL.—Any large financial in8 stitution participating in the Program with the 

9 Department of the Treasury, if not already re10 quired to include a small financial institution, 

11 shall offer not more than 5 percent of every 

12 contract under that program to a small finan13 cial institution. 

14 ‘‘(B) ACCEPTANCE OF RISK.—As a re15 quirement of participation in a contract de16 scribed in subparagraph (A), a small financial 

17 institution shall accept the risk of the trans18 action equivalent to the percentage of any fee 

19 the institution receives under the contract. 

20 ‘‘(C) PARTNER.—A large financial institu21 tion partner may work with small financial in22 stitutions, if necessary, to train professionals to 

23 understand any risks involved in a contract 

24 under the Program. 


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1 ‘‘(D) INCREASED LIMIT FOR CERTAIN IN2 STITUTIONS.—With respect to a program de3 scribed in subparagraph (A), if the Secretary of 

4 the Treasury determines that it would be ap5 propriate and would encourage capacity build6 ing, the Secretary may alter the requirements 

7 under subparagraph (A) to require both— 

8 ‘‘(i) a higher percentage of the con9 tract be offered to a small financial institu10 tion; and 

11 ‘‘(ii) require the small financial insti12 tution to be a community development fi13 nancial institution or a minority depository 

14 institution. 

15 ‘‘(4) EXCLUSION.—The Secretary shall issue 

16 guidance or regulations to establish a process under 

17 which a financial agent, large financial institution, 

18 or small financial institution may be excluded from 

19 participation in the Program. 

20 ‘‘(5) REPORT.—The Office of Minority and 

21 Women Inclusion of the Department of the Treasury 

22 shall include in the report submitted to Congress 

23 under section 342(e) of the Dodd-Frank Wall Street 

24 Reform and Consumer Protection Act (12 U.S.C. 


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1 5452(e)) information pertaining to the Program, in2 cluding— 

3 ‘‘(A) the number of financial agents, large 

4 financial institutions, and small financial insti5 tutions participating in the Program; and 

6 ‘‘(B) the number of outreach events de7 scribed in paragraph (2) held during the year 

8 covered by the report. 

9 ‘‘(6) DEFINITIONS.—In this subsection: 

10 ‘‘(A) COMMUNITY DEVELOPMENT FINAN11 CIAL INSTITUTION.—The term ‘community de12 velopment financial institution’ has the meaning 

13 given the term in section 103 of the Community 

14 Development Banking and Financial Institu15 tions Act of 1994 (12 U.S.C. 4702). 

16 ‘‘(B) FINANCIAL AGENT.—The term ‘fi17 nancial agent’ means any national banking as18 sociation designated by the Secretary of the 

19 Treasury to be employed as a financial agent of 

20 the Federal Government. 

21 ‘‘(C) LARGE FINANCIAL INSTITUTION.— 

22 The term ‘large financial institution’ means any 

23 entity regulated by the Comptroller of the Cur24 rency, the Board of Governors of the Federal 

25 Reserve System, the Federal Deposit Insurance 


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1 Corporation, or the National Credit Union Ad2 ministration that has total consolidated assets 

3 of not less than $50,000,000,000. 

4 ‘‘(D) SMALL FINANCIAL INSTITUTION.— 

5 The term ‘small financial institution’ means— 

6 ‘‘(i) any entity regulated by the 

7 Comptroller of the Currency, the Board of 

8 Governors of the Federal Reserve System, 

9 the Federal Deposit Insurance Corpora10 tion, or the National Credit Union Admin11 istration that has total consolidated assets 

12 of not more than $2,000,000,000; or 

13 ‘‘(ii) a minority depository institu14 tion.’’. 

15 (b) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect on the date 

17 that is 90 days after the date of enactment of this Act. 

18 SEC. 4509. STRENGTHENING MINORITY LENDING INSTITU19 TIONS. 

20 (a) MINORITY LENDING INSTITUTION SET-ASIDE IN

21 PROVIDING ASSISTANCE.— 

22 (1) IN GENERAL.—Section 108 of the Commu23 nity Development Banking and Financial Institu24 tions Act of 1994 (12 U.S.C. 4707) is amended by 

25 adding at the end the following: 


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1 ‘‘(i) MINORITY LENDING INSTITUTION SET-ASIDE IN

2 PROVIDING ASSISTANCE.—Notwithstanding any other 

3 provision of law, in providing any assistance, the Fund 

4 shall reserve 40 percent of such assistance for minority 

5 lending institutions.’’. 

6 (2) DEFINITIONS.— 

7 (A) IN GENERAL.—Section 103 of the 

8 Community Development Banking and Finan9 cial Institutions Act of 1994 (12 U.S.C. 4702) 

10 is amended by adding at the end the following: 

11 ‘‘(22) MINORITY LENDING INSTITUTION DEFI12 NITIONS.— 

13 ‘‘(A) MINORITY.—The term ‘minority’ 

14 means any Black American, Hispanic Amer15 ican, Asian American, Native American, Native 

16 Alaskan, Native Hawaiian, or Pacific Islander. 

17 ‘‘(B) MINORITY LENDING INSTITUTION.— 

18 The term ‘minority lending institution’ means a 

19 community development financial institution— 

20 ‘‘(i) with respect to which a majority 

21 of the total number of loans and a major22 ity of the value of investments of the com23 munity development financial institution 

24 are directed at minorities and other tar25 geted populations; 


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1 ‘‘(ii) that is a minority depository in2 stitution, as defined in section 308(b) of 

3 the Financial Institutions Reform, Recov4 ery, and Enforcement Act of 1989 (12 

5 U.S.C. 1463 note), or otherwise considered 

6 to be a minority depository institution by 

7 the appropriate Federal banking agency; or 

8 ‘‘(iii) that is 51 percent owned by one 

9 or more socially and economically dis10 advantaged individuals. 

11 ‘‘(C) ADDITIONAL DEFINITIONS.—In this 

12 paragraph, the terms ‘other targeted popu13 lations’ and ‘socially and economically disadvan14 taged individual’ shall have the meaning given 

15 those terms by the Administrator.’’. 

16 (B) TEMPORARY SAFE HARBOR FOR CER17 TAIN INSTITUTIONS.—A community develop18 ment financial institution that is a minority de19 pository institution listed in the Federal De20 posit Insurance Corporation’s Minority Deposi21 tory Institutions List published for the Second 

22 Quarter 2020 shall be deemed a ‘‘minority lend23 ing institution’’ under paragraph (22) of section 

24 103 of the Community Development Banking 

25 and Financial Institutions Act of 1994 (12 


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1 U.S.C. 4702), as added by subparagraph (A), 

2 for purposes of— 

3 (i) any program carried out using ap4 propriations authorized for the Community 

5 Development Financial Institutions Fund 

6 under section 4506; and 

7 (ii) the Neighborhood Capital Invest8 ment Program established under section 

9 4003(i) of the CARES Act, as added by 

10 section 4505(2) of this Act. 

11 (b) OFFICE OF MINORITY LENDING INSTITU12 TIONS.—Section 104 of the Community Development 

13 Banking and Financial Institutions Act of 1994 (12 

14 U.S.C. 4703) is amended by adding at the end the fol15 lowing: 

16 ‘‘(l) OFFICE OF MINORITY LENDING INSTITU17 TIONS.— 

18 ‘‘(1) ESTABLISHMENT.—There is established 

19 within the Fund an Office of Minority Lending In20 stitutions, which shall oversee assistance provided by 

21 the Fund to minority lending institutions. 

22 ‘‘(2) DEPUTY DIRECTOR.—The head of the Of23 fice shall be the Deputy Director of Minority Lend24 ing Institutions, who shall report directly to the Ad25 ministrator.’’. 


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1 (c) REPORTING ON MINORITY LENDING INSTITU2 TIONS.—Section 117 of the Community Development 

3 Banking and Financial Institutions Act of 1994 (12 

4 U.S.C. 4716) is amended by adding at the end the fol5 lowing: 

6 ‘‘(g) REPORTING ON MINORITY LENDING INSTITU7 TIONS.—Each report required under subsection (a) shall 

8 include a description of the extent to which assistance 

9 from the Fund is provided to minority lending institu10 tions.’’. 

11 (d) SUBMISSION OF DATA RELATING TO DIVERSITY

12 BY COMMUNITY DEVELOPMENT FINANCIAL INSTITU13 TIONS.—Section 104 of the Community Development 

14 Banking and Financial Institutions Act of 1994 (12 

15 U.S.C. 4703) is amended by adding at the end the fol16 lowing: 

17 ‘‘(l) SUBMISSION OF DATA RELATING TO DIVER18 SITY.— 

19 ‘‘(1) DEFINITIONS.—In this subsection— 

20 ‘‘(A) the term ‘executive officer’ has the 

21 meaning given the term in section 230.501(f) of 

22 title 17, Code of Federal Regulations, as in ef23 fect on the date of enactment of this subsection; 

24 and 


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1 ‘‘(B) the term ‘veteran’ has the meaning 

2 given the term in section 101 of title 38, United 

3 States Code. 

4 ‘‘(2) SUBMISSION OF DISCLOSURE.—Each Fund 

5 applicant and recipient shall provide the following: 

6 ‘‘(A) Data, based on voluntary self-identi7 fication, on the racial, ethnic, and gender com8 position of— 

9 ‘‘(i) the board of directors of the insti10 tution; 

11 ‘‘(ii) nominees for the board of direc12 tors of the institution; and 

13 ‘‘(iii) the executive officers of the in14 stitution. 

15 ‘‘(B) The status of any member of the 

16 board of directors of the institution, any nomi17 nee for the board of directors of the institution, 

18 or any executive officer of the institution, based 

19 on voluntary self-identification, as a veteran. 

20 ‘‘(C) Whether the board of directors of the 

21 institution, or any committee of that board of 

22 directors, has, as of the date on which the insti23 tution makes a disclosure under this paragraph, 

24 adopted any policy, plan, or strategy to promote 

25 racial, ethnic, and gender diversity among— 


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1 ‘‘(i) the board of directors of the insti2 tution; 

3 ‘‘(ii) nominees for the board of direc4 tors of the institution; or 

5 ‘‘(iii) the executive officers of the in6 stitution. 

7 ‘‘(3) ANNUAL REPORT.—Not later than 18 

8 months after the date of enactment of this sub9 section, and annually thereafter, the Fund shall sub10 mit to the Committee on Banking, Housing, and 

11 Urban Affairs of the Senate and the Committee on 

12 Financial Services of the House of Representatives, 

13 and make publicly available on the website of the 

14 Fund, a report— 

15 ‘‘(A) on the data and trends of the diver16 sity information made available pursuant to 

17 paragraph (2); and 

18 ‘‘(B) containing all administrative or legis19 lative recommendations of the Fund to enhance 

20 the implementation of this title or to promote 

21 diversity and inclusion within community devel22 opment financial institutions.’’. 

23 SEC. 4510. CDFI BOND GUARANTEE REFORM. 

24 Effective January 1, 2021, section 114A(e)(2)(B) of 

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1 stitutions Act of 1994 (12 U.S.C. 4713a(e)(2)(B)) is 

2 amended by striking ‘‘$100,000,000’’ and inserting 

3 ‘‘$50,000,000’’. 

4 SEC. 4511. REPORTS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means the Committee on Banking, Housing, 

9 and Urban Affairs of the Senate and the Committee 

10 on Financial Services of the House of Representa11 tives. 

12 (2) COMMUNITY DEVELOPMENT FINANCIAL IN13 STITUTION.—The term ‘‘community development fi14 nancial institution’’ has the meaning given the term 

15 in section 103 of the Community Development 

16 Banking and Financial Institutions Act of 1994 (12 

17 U.S.C. 4702). 

18 (3) CREDIT UNION.—The term ‘‘credit union’’ 

19 means a State credit union or a Federal credit 

20 union, as those terms are defined in section 101 of 

21 the Federal Credit Union Act (12 U.S.C. 1752). 

22 (4) DEPOSITORY INSTITUTION.—The term ‘‘de23 pository institution’’ has the meaning given the term 

24 in section 3 of the Federal Deposit Insurance Act 

25 (12 U.S.C. 1813). 


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1 (5) MINORITY DEPOSITORY INSTITUTION.—The 

2 term ‘‘minority depository institution’’ has the 

3 meaning given the term in section 308(b) of the Fi4 nancial Institutions Reform, Recovery, and Enforce5 ment Act of 1989 (12 U.S.C. 1463 note). 

6 (6) MINORITY LENDING INSTITUTION.—The 

7 term ‘‘minority lending institution’’ has the meaning 

8 given the term in paragraph (22) of section 103 of 

9 the Community Development Banking and Financial 

10 Institutions Act of 1994 (12 U.S.C. 4702), as added 

11 by section 4506(d) of this Act. 

12 (b) REPORTS.—The Secretary of the Treasury shall 

13 provide to the appropriate committees of Congress— 

14 (1) within 30 days of the end of each month 

15 commencing with the first month in which trans16 actions are made under a program established under 

17 this subtitle or the amendments made by this sub18 title, a written report describing all of the trans19 actions made during the reporting period pursuant 

20 to the authorities granted under this subtitle or the 

21 amendments made by this subtitle; and 

22 (2) after the end of March and the end of Sep23 tember, commencing March 31, 2021, a written re24 port on all projected costs and liabilities, all oper25 ating expenses, including compensation for financial 


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1 agents, and all transactions made by the Community 

2 Development Financial Institutions Fund, including 

3 participating institutions and amounts each institu4 tion has received under each program described in 

5 paragraph (1). 

6 (c) BREAKDOWN OF FUNDS.—Each report required 

7 under subsection (b) shall specify the amount of funds 

8 under each program described in subsection (b)(1) that 

9 went to— 

10 (1) minority depository institutions that are de11 pository institutions; 

12 (2) minority depository institutions that are 

13 credit unions; 

14 (3) minority lending institutions; 

15 (4) community development financial institution 

16 loan funds; 

17 (5) community development financial institu18 tions that are depository institutions; and 

19 (6) community development financial institu20 tions that are credit unions. 

21 SEC. 4512. INSPECTOR GENERAL OVERSIGHT. 

22 (a) IN GENERAL.—The Inspector General of the De23 partment of the Treasury shall conduct, supervise, and co24 ordinate audits and investigations of any program estabVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 lished under this subtitle or the amendments made by this 

2 subtitle. 

3 (b) REPORTING.—The Inspector General of the De4 partment of the Treasury shall issue a report not less fre5 quently than 2 times per year to Congress and the Sec6 retary of the Treasury relating to the oversight provided 

7 by the Office of the Inspector General, including any rec8 ommendations for improvements to the programs de9 scribed in subsection (a). 

10 SEC. 4513. STUDY AND REPORT WITH RESPECT TO IMPACT 

11 OF PROGRAMS ON LOW- AND MODERATE-IN12 COME AND MINORITY COMMUNITIES. 

13 (a) STUDY.—The Secretary of the Treasury shall 

14 conduct a study of the impact of the programs established 

15 under this title or any amendment made by this subtitle 

16 on low- and moderate-income and minority communities. 

17 (b) REPORT.—Not later than 18 months after the 

18 date of enactment of this Act, the Secretary shall submit 

19 to Congress a report on the results of the study conducted 

20 pursuant to subsection (a), which shall include, to the ex21 tent possible, the results of the study disaggregated by 

22 ethnic group. 

23 (c) INFORMATION PROVIDED TO THE SECRETARY.— 

24 Eligible institutions that participate in any of the pro25 grams described in subsection (a) shall provide the SecVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 retary of the Treasury with such information as the Sec2 retary may require to carry out the study required by this 

3 section. 

4 TITLE V—DOWNPAYMENT ON 

5 BUILDING 21ST CENTURY IN6 FRASTRUCTURE 

7 SEC. 5001. FINDINGS. 

8 Congress finds the following: 

9 (1) This Act is a major proposal to re-program 

10 billions of unspent CARES Act (Public Law 116– 

11 136) funding in immediate and long-term invest12 ments in Black communities and other communities 

13 of color. 

14 (2) The current COVID–19 pandemic has 

15 disproportionally impacted communities of color and 

16 exacerbated the conditions that, combined with per17 sistently underfunded critical priorities like public 

18 health, child care, infrastructure, and job creation, 

19 have led to record levels of poverty and sickness. 

20 (3) The historical record of Federal under21 investment in communities of color has created sys22 tematic disparities that cross nearly every economic 

23 sector and require Congressional and Executive ac24 tion to undo. 


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1 (4) This Act makes critical short-term invest2 ments to respond to these disparities exacerbated by 

3 the pandemic, in areas like in child care, mental 

4 health and primary care, and job creation. 

5 (5) This Act has a secondary objective of help6 ing to build long lasting wealth, health, and eco7 nomic stability in these communities with an initial 

8 commitment to be made over the next 5 years 

9 through investments in infrastructure, a homeowner 

10 down payment tax credit, Medicaid expansion, and 

11 more. 

12 (6) This Act is not the conclusion of efforts in 

13 this space, but an initial down payment to commu14 nities of color and the first in many focused invest15 ments and policy initiatives to begin dismantling sys16 tematic racism. 

17 Subtitle A—High-Speed Internet 

18 SEC. 5101. DEFINITIONS. 

19 In this subtitle: 

20 (1) ASSISTANT SECRETARY.—The term ‘‘Assist21 ant Secretary’’ means the Assistant Secretary of 

22 Commerce for Communications and Information. 

23 (2) BROADBAND; BROADBAND SERVICE.—The 

24 term ‘‘broadband’’ or ‘‘broadband service’’ has the 

25 meaning given the term ‘‘broadband internet access 


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1 service’’ in section 8.1 of title 47, Code of Federal 

2 Regulations, or any successor regulation. 

3 (3) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Communications Commission. 

5 (4) DIGITAL EQUITY.—The term ‘‘digital eq6 uity’’ means the condition in which individuals and 

7 communities have the information technology capac8 ity that is needed for full participation in the society 

9 and economy of the United States. 

10 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 has the meaning given the term in section 3 of the 

12 Communications Act of 1934 (47 U.S.C. 153), as 

13 amended by section 5126 of this Act. 

14 (6) NATIVE HAWAIIAN.—The term ‘‘Native Ha15 waiian’’ has the meaning given the term in section 

16 3 of the Communications Act of 1934 (47 U.S.C. 

17 153), as amended by section 5126 of this Act. 

18 (7) TRIBAL LAND.—The term ‘‘Tribal land’’ 

19 has the meaning given the term in section 3 of the 

20 Communications Act of 1934 (47 U.S.C. 153), as 

21 amended by section 5126 of this Act. 

22 CHAPTER 1—BROADBAND CONNECTIVITY 

23 FUND 

24 SEC. 5111. DEFINITIONS. 

25 In this chapter: 


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1 (1) LIFELINE PROGRAM.—The term ‘‘Lifeline 

2 program’’ means the program set forth under sub3 part E of part 54 of title 47, Code of Federal Regu4 lations (or any successor regulation). 

5 (2) NATIONAL LIFELINE ELIGIBILITY

6 VERIFIER.—The term ‘‘National Lifeline Eligibility 

7 Verifier’’ has the meaning given the term in section 

8 54.400 of title 47, Code of Federal Regulations (or 

9 any successor regulation). 

10 (3) STATE.—The term ‘‘State’’ has the mean11 ing given the term in section 3 of the Communica12 tions Act of 1934 (47 U.S.C. 153). 

13 SEC. 5112. ADDITIONAL BROADBAND BENEFIT. 

14 (a) DEFINITIONS.—In this section: 

15 (1) BROADBAND BENEFIT.—The term 

16 ‘‘broadband benefit’’ means a monthly discount for 

17 an eligible household applied to the normal rate for 

18 an internet service offering, in an amount equal to 

19 the lesser of— 

20 (A) the normal rate; or 

21 (B)(i) $50; or 

22 (ii) if an internet service offering is pro23 vided to an eligible household on Tribal land, 

24 $75. 


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1 (2) CONNECTED DEVICE.—The term ‘‘con2 nected device’’ means a laptop or desktop computer 

3 or a tablet. 

4 (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

5 household’’ means, regardless of whether the house6 hold or any member of the household receives sup7 port under the Lifeline program, and regardless of 

8 whether any member of the household has any past 

9 or present arrearages with a provider, a household 

10 in which not less than 1 member of the household— 

11 (A) meets the qualifications in paragraph 

12 (a) or (b) of section 54.409 of title 47, Code of 

13 Federal Regulations (or any successor regula14 tion); 

15 (B) receives free or reduced price meals 

16 under— 

17 (i) the school lunch program estab18 lished under the Richard B. Russell Na19 tional School Lunch Act (42 U.S.C. 1751 

20 et seq.); or 

21 (ii) the school breakfast program es22 tablished under section 4 of the Child Nu23 trition Act of 1966 (42 U.S.C. 1773); 

24 (C) experienced a substantial loss of in25 come for not less than 2 consecutive months 


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1 immediately preceding the month for which eli2 gibility for the broadband benefit is being deter3 mined, documented by layoff or furlough notice, 

4 application for unemployment insurance bene5 fits, or similar documentation; or 

6 (D) received a Federal Pell Grant under 

7 section 401 of the Higher Education Act of 

8 1965 (20 U.S.C. 1070a) in the most recent aca9 demic year. 

10 (4) INTERNET SERVICE OFFERING.—The term 

11 ‘‘internet service offering’’— 

12 (A) with respect to a provider that is pro13 viding broadband service before the date of en14 actment of this Act, means broadband service 

15 provided by the provider to a household, offered 

16 in the same manner, and on the same or better 

17 terms, as described in any of the provider’s ad18 vertisements for broadband service to the 

19 household, as of May 1, 2020 (or such later 

20 date as the Commission may by rule determine, 

21 if the Commission considers it necessary); and 

22 (B) with respect to a provider that begins 

23 providing broadband service after the date of 

24 enactment of this Act, means broadband service 

25 provided by the provider to a household, offered 


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1 in the same manner, and on the same or better 

2 terms, as the manner and terms described in 

3 advertisements to the household from another 

4 provider for similar service as of May 1, 2020 

5 (or such later date as the Commission may by 

6 rule determine, if the Commission considers it 

7 necessary). 

8 (5) NORMAL RATE.—The term ‘‘normal rate’’, 

9 with respect to an internet service offering by a pro10 vider, means the monthly retail rate, including any 

11 applicable promotions and excluding any taxes or 

12 other governmental fees, that was advertised on May 

13 1, 2020 (or such later date as the Commission may 

14 by rule determine, if the Commission considers it 

15 necessary)— 

16 (A) by the provider for that level of serv17 ice, in the case of an internet service offering 

18 described in paragraph (4)(A); or 

19 (B) by another provider for similar service, 

20 in the case of an internet service offering de21 scribed in paragraph (4)(B). 

22 (6) PROVIDER.—The term ‘‘provider’’ means a 

23 provider of broadband service. 

24 (b) PROMULGATION OF REGULATIONS REQUIRED.— 

25 Not later than 180 days after the date of enactment of 


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1 this Act, the Commission shall promulgate regulations im2 plementing this section. 

3 (c) REQUIREMENTS.—The regulations promulgated 

4 under subsection (b) shall establish the following: 

5 (1) BROADBAND BENEFIT.—A provider shall— 

6 (A) provide an eligible household with an 

7 internet service offering, upon request by a 

8 member of the household; and 

9 (B) discount the price charged to the 

10 household for the internet service offering in an 

11 amount equal to the broadband benefit for the 

12 household. 

13 (2) VERIFICATION OF ELIGIBILITY.—To verify 

14 whether a household is an eligible household, a pro15 vider shall— 

16 (A) use the National Lifeline Eligibility 

17 Verifier; 

18 (B) rely upon an alternative verification 

19 process of the provider, if the Commission finds 

20 that process to be sufficient to avoid waste, 

21 fraud, and abuse while maintaining a goal of 

22 digital equity; or 

23 (C) rely upon a school to verify the eligi24 bility of the household based on not less than 

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1 duced price meals under the school lunch pro2 gram established under the Richard B. Russell 

3 National School Lunch Act (42 U.S.C. 1751 et 

4 seq.). 

5 (3) USE OF NATIONAL LIFELINE ELIGIBILITY

6 VERIFIER.—The Commission shall— 

7 (A) expedite the ability of all providers to 

8 access the National Lifeline Eligibility Verifier 

9 for purposes of determining whether a house10 hold is an eligible household; and 

11 (B) ensure that the National Lifeline Eligi12 bility Verifier approves an eligible household to 

13 receive the broadband benefit not later than 10 

14 days after the date of the submission of infor15 mation necessary to determine if the household 

16 is an eligible household. 

17 (4) REIMBURSEMENT.—Using amounts from 

18 the Broadband Connectivity Fund established under 

19 subsection (h), the Commission shall reimburse a 

20 provider in an amount equal to the broadband ben21 efit with respect to an eligible household that re22 ceives the broadband benefit from the provider. 

23 (5) REIMBURSEMENT FOR CONNECTED DE24 VICE.—A provider that, in addition to providing the 

25 broadband benefit to an eligible household, supplies 


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1 the household with a connected device may be reim2 bursed not more than $100 from the Broadband 

3 Connectivity Fund established under subsection (h) 

4 for the connected device, if the charge to the eligible 

5 household is more than $10 and less than $50 for 

6 the connected device, except that a provider may re7 ceive reimbursement for not more than 1 connected 

8 device per eligible household. 

9 (6) CERTIFICATION REQUIRED.—To receive a 

10 reimbursement under paragraph (4) or (5), a pro11 vider shall provide to the Commission— 

12 (A) a certification that the amount for 

13 which the provider is seeking reimbursement 

14 from the Broadband Connectivity Fund for an 

15 internet service offering to an eligible household 

16 is not more than the normal rate; 

17 (B) a certification that each eligible house18 hold for which the provider is seeking reim19 bursement for providing an internet service of20 fering discounted by the broadband benefit— 

21 (i) has not been and will not be 

22 charged— 

23 (I) for the offering, if the normal 

24 rate for the offering is not more than 


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1 the amount of the broadband benefit 

2 for the household; or 

3 (II) more for the offering than 

4 the difference between— 

5 (aa) the normal rate for the 

6 offering; and 

7 (bb) the amount of the 

8 broadband benefit for the house9 hold; 

10 (ii) will not be required to pay an 

11 early termination fee if the eligible house12 hold— 

13 (I) elects to enter into a contract 

14 to receive the internet service offering; 

15 and 

16 (II) later terminates the contract; 

17 (iii) was not subject to a mandatory 

18 waiting period for the internet service of19 fering based on having previously received 

20 broadband service from the provider; and 

21 (iv)(I) will not be denied the internet 

22 service offering or connected device based 

23 on consideration of a credit report or cred24 it score; and 


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1 (II) in the case of an eligible house2 hold that would traditionally be determined 

3 ineligible based on consideration of a credit 

4 report or credit score, is provided access 

5 to— 

6 (aa) the best plan for internet 

7 service offered by the provider with 

8 speeds of not less than 25 megabits 

9 per second downstream and 3 mega10 bits per second upstream, if the rate 

11 for that offering is less than $50; or 

12 (bb) if a plan described in item 

13 (aa) is not available for less than $50, 

14 the lowest-priced internet service of15 fering of the provider with speeds of 

16 not less than 25 megabits per second 

17 downstream and 3 megabits per sec18 ond upstream; 

19 (C) a certification that each eligible house20 hold for which the provider is seeking reim21 bursement for supplying the household with a 

22 connected device has not been and will not be 

23 charged $10 or less or $50 or more for the de24 vice; and 


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1 (D) if the provider elects an alternative 

2 verification process under paragraph (2)(B)— 

3 (i) a description of the process used 

4 by the provider to verify that a household 

5 is an eligible household; and 

6 (ii) a certification that the verification 

7 process was designed to avoid waste, fraud, 

8 and abuse while maintaining a goal of dig9 ital equity. 

10 (7) AUDIT REQUIREMENTS.—The Commission 

11 shall adopt audit requirements to— 

12 (A) ensure that providers are in compli13 ance with the requirements under this section; 

14 (B) prevent waste, fraud, and abuse in the 

15 broadband benefit program established under 

16 this section; and 

17 (C) ensure that providers maintain a goal 

18 of digital equity in carrying out the broadband 

19 benefit program established under this section. 

20 (d) ELIGIBLE PROVIDERS.—Notwithstanding sub21 section (f), the Commission shall provide a reimbursement 

22 to a provider under this section without requiring the pro23 vider to be designated as an eligible telecommunications 

24 carrier under section 214(e) of the Communications Act 

25 of 1934 (47 U.S.C. 214(e)). 


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1 (e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall affect the collection, distribution, or administra3 tion of the Lifeline program. 

4 (f) PART 54 REGULATIONS.—Nothing in this section 

5 shall be construed to prevent the Commission from pro6 viding that the regulations in part 54 of title 47, Code 

7 of Federal Regulations (or any successor regulation), with 

8 respect to support provided under the regulations required 

9 under subsection (b)— 

10 (1) shall apply in whole or in part to that sup11 port; 

12 (2) shall not apply in whole or in part to that 

13 support; or 

14 (3) shall be modified in whole or in part for 

15 purposes of application to that support. 

16 (g) ENFORCEMENT.— 

17 (1) TREATMENT AS VIOLATION OF COMMUNICA18 TIONS ACT OF 1934.—A violation of this section or 

19 a regulation promulgated under this section, includ20 ing the knowing or reckless denial of an internet 

21 service offering discounted by the broadband benefit 

22 to an eligible household that requests such an offer23 ing, shall be treated as a violation of the Commu24 nications Act of 1934 (47 U.S.C. 151 et seq.) or a 

25 regulation promulgated under that Act. 


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1 (2) INCORPORATION OF TERMS AND PROVI2 SIONS.—The Commission shall enforce this section 

3 and the regulations promulgated under this section 

4 in the same manner, by the same means, and with 

5 the same jurisdiction, powers, and duties as though 

6 all applicable terms and provisions of the Commu7 nications Act of 1934 were incorporated into and 

8 made a part of this section. 

9 (h) BROADBAND CONNECTIVITY FUND.— 

10 (1) ESTABLISHMENT.—There is established in 

11 the Treasury of the United States a fund to be 

12 known as the ‘‘Broadband Connectivity Fund’’. 

13 (2) APPROPRIATION.—There is appropriated to 

14 the Broadband Connectivity Fund, out of any money 

15 in the Treasury not otherwise appropriated, 

16 $20,975,000,000 for fiscal year 2021, to remain 

17 available until expended. 

18 (3) USE OF FUNDS.—Amounts in the Broad19 band Connectivity Fund shall be available to the 

20 Commission for reimbursements to providers under 

21 the regulations required under subsection (b). 

22 (4) RELATIONSHIP TO UNIVERSAL SERVICE

23 CONTRIBUTIONS.—Reimbursements provided under 

24 the regulations required under subsection (b) shall 

25 be provided from amounts made available under this 


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1 subsection and not from contributions under section 

2 254(d) of the Communications Act of 1934 (47 

3 U.S.C. 254(d)), except the Commission may use 

4 those contributions if needed to offset expenses asso5 ciated with the reliance on the National Lifeline Eli6 gibility Verifier to determine eligibility of households 

7 to receive the broadband benefit. 

8 (5) LACK OF AVAILABILITY OF FUNDS.—The 

9 regulations required under subsection (b) shall pro10 vide that a provider is not required to provide an eli11 gible household with an internet service offering 

12 under subsection (c)(1) for any month for which 

13 there are insufficient amounts in the Broadband 

14 Connectivity Fund to reimburse the provider under 

15 subsection (c)(4) for providing the broadband benefit 

16 to the eligible household. 

17 SEC. 5113. GRANTS TO STATES TO STRENGTHEN NATIONAL 

18 LIFELINE ELIGIBILITY VERIFIER. 

19 (a) IN GENERAL.—Not later than 30 days after the 

20 date of enactment of this Act, using amounts appropriated 

21 under subsection (d), the Commission shall make a grant 

22 to each State, in an amount in proportion to the popu23 lation of the State, for the purpose of connecting the data24 base used by the State for purposes of the supplemental 

25 nutrition assistance program established under the Food 


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1 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the 

2 National Lifeline Eligibility Verifier, so that the receipt 

3 by a household of benefits under that program is reflected 

4 in the National Lifeline Eligibility Verifier. 

5 (b) DISBURSEMENT OF GRANT FUNDS.—Not later 

6 than 60 days after the date of enactment of this Act, the 

7 Commission shall disburse funds under a grant made 

8 under subsection (a) to the State receiving the grant. 

9 (c) CERTIFICATION TO CONGRESS.—Not later than 

10 90 days after the date of enactment of this Act, the Com11 mission shall certify to the Committee on Commerce, 

12 Science, and Transportation of the Senate and the Com13 mittee on Energy and Commerce of the House of Rep14 resentatives that the Commission has— 

15 (1) made the grants required under subsection 

16 (a); and 

17 (2) disbursed funds as required under sub18 section (b). 

19 (d) APPROPRIATION.—There is appropriated to the 

20 Commission, out of any money in the Treasury not other21 wise appropriated, $400,000,000 to carry out this section 

22 for fiscal year 2021, to remain available until expended. 


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1 SEC. 5114. FEDERAL COORDINATION BETWEEN LIFELINE 

2 AND SNAP VERIFICATION. 

3 (a) DEFINITION.—In this section, the term ‘‘auto4 mated connection’’ means a connection, to the maximum 

5 extent practicable, between two or more information sys6 tems where the manual input of information in 1 system 

7 leads to the automatic input of the same information any 

8 other connected system. 

9 (b) ESTABLISHMENT OF AUTOMATED CONNEC10 TION.—Notwithstanding section 11(x)(2)(c)(i) of the Food 

11 and Nutrition Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), 

12 not later than 180 days after the date of enactment of 

13 this Act, the Commission shall, in coordination with the 

14 Secretary of Agriculture, establish an automated connec15 tion, to the maximum extent practicable, between the Na16 tional Lifeline Eligibility Verifier and the National Accu17 racy Clearinghouse established under section 11(x) of the 

18 Food and Nutrition Act of 2008 (7 U.S.C. 2020(x)). 

19 (c) ANNUAL REPORT.—Not later than 1 year after 

20 the date of enactment of this Act, and each year there21 after, the Secretary of Agriculture, in consultation with 

22 the Commission, shall produce a report on enrollment in 

23 the Lifeline program by individuals participating in the 

24 supplemental nutrition assistance program established 

25 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 

26 et seq.). 


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1 (d) STUDY.—Not later than 1 year after the date of 

2 enactment of this Act, the Commission shall conduct a 

3 study and submit a report to Congress on— 

4 (1) the projected number of new broadband 

5 service consumers who adopted broadband service 

6 through a Federal assistance program; and 

7 (2) data that illustrates the efficacy of various 

8 advertising efforts on eligibility for the Lifeline pro9 gram. 

10 CHAPTER 2—TRIBAL BROADBAND 

11 SEC. 5121. DEFINITIONS. 

12 In this chapter: 

13 (1) TRIBAL BROADBAND BENCHMARK.—The 

14 term ‘‘Tribal broadband benchmark’’ means the 

15 minimum acceptable level of broadband service on 

16 Tribal land, which shall consist of— 

17 (A) speed that is not slower than the speed 

18 required for the service to qualify as an ad19 vanced telecommunications capability, as that 

20 term is defined in section 706(d) of the Tele21 communications Act of 1996 (47 U.S.C. 

22 1302(d)), as of the date on which that speed is 

23 measured; and 

24 (B) network round trip latency that is at 

25 or below 100 milliseconds for not less than 95 


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1 percent of all peak period measurements of net2 work round trip latency. 

3 (2) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 

4 has the meaning given the term in section 3 of the 

5 Communications Act of 1934 (47 U.S.C. 153), as 

6 amended by section 5126 of this Act. 

7 (3) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

8 government’’ means the governing body of a Tribal 

9 entity. 

10 (4) UNDERSERVED TRIBAL ENTITY.— 

11 (A) IN GENERAL.—The term ‘‘underserved 

12 Tribal entity’’ means a Tribal entity, the Tribal 

13 land of which— 

14 (i) lacks affordable broadband service; 

15 or 

16 (ii) has subscription rates for 

17 broadband service that are below 80 per18 cent, as determined by the Commission. 

19 (B) ASSOCIATED DEFINITION.—In this 

20 paragraph, the term ‘‘affordable broadband 

21 service’’ means broadband service on Tribal 

22 land, the rates for which are not more than the 

23 average rates charged for broadband service in 

24 the 5 nearest municipalities to that Tribal land 


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1 that have a population of more than 10,000 in2 dividuals, as determined by the Commission. 

3 SEC. 5122. TRIBAL BROADBAND FUND. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Treasury of the United States a fund to be known as the 

6 ‘‘Tribal Broadband Fund’’. 

7 (b) APPROPRIATION.—There is appropriated to the 

8 Tribal Broadband Fund, out of any money in the Treas9 ury not otherwise appropriated, $14,300,000,000 for fiscal 

10 year 2021, to remain available until expended. 

11 (c) USE OF FUNDS.—Amounts in the Tribal 

12 Broadband Fund shall be available to the Commission 

13 to— 

14 (1) support the rapid development and deploy15 ment of broadband service on Tribal land; 

16 (2) provide broadband service to qualifying an17 chor institutions (as defined in section 5124); 

18 (3) provide broadband education, awareness, 

19 training, access, and equipment to broadband pro20 viders that serve Tribal land; and 

21 (4) support the activities of the Tribal 

22 Broadband Interagency Working Group established 

23 under section 5123(b), in accordance with section 

24 5123(c)(6). 


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1 SEC. 5123. INTERAGENCY COORDINATION PROGRAM. 

2 (a) PURPOSE.—The purpose of this section is to— 

3 (1) expedite and streamline the deployment of 

4 affordable broadband service on Tribal land through 

5 the coordination of grants or other financial assist6 ance; 

7 (2) improve the effectiveness of Federal assist8 ance in meeting the obligation of the Commission to 

9 ensure universal availability of broadband networks 

10 to all people of the United States, including individ11 uals living on Tribal land; and 

12 (3) ensure the preservation and protection of 

13 self-governance, economic opportunity, health, edu14 cation, public safety, and welfare of Tribal entities. 

15 (b) INTERAGENCY WORKING GROUP.— 

16 (1) ESTABLISHMENT.—The Assistant Secretary 

17 and the Administrator of the Rural Utilities Service 

18 (referred to in this section as the ‘‘Administrator’’) 

19 shall establish a working group to be known as the 

20 ‘‘Tribal Broadband Interagency Working Group’’ 

21 (referred to in this section as the ‘‘Working Group’’) 

22 to carry out the duties described in paragraph (3). 

23 (2) ADMINISTRATION.— 

24 (A) CHAIRS.—The Assistant Secretary and 

25 the Administrator shall serve as co-chairs of the 

26 Working Group. 


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1 (B) MEMBERSHIP; STAFFING.—The As2 sistant Secretary and the Administrator, in con3 sultation with the Tribal Broadband Deploy4 ment Advisory Committee established under 

5 subsection (e), shall determine the membership 

6 and staffing of the Working Group. 

7 (3) DUTIES.—The Working Group shall— 

8 (A)(i) serve as a forum for improving co9 ordination across Federal broadband programs 

10 that are available to Tribal entities; 

11 (ii) reduce regulatory barriers to broad12 band deployment on Tribal land; 

13 (iii) promote awareness of the value and 

14 availability of Federal support for broadband 

15 deployment on Tribal land; and 

16 (iv) develop common Federal goals, per17 formance measures, and plans to deploy afford18 able broadband to Tribal land; 

19 (B) not later than 1 year after the date of 

20 enactment of this Act, and biennially thereafter, 

21 issue a strategic plan regarding Tribal broad22 band deployment activities, priorities, and ob23 jectives; 


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1 (C) promote coordination of the activities 

2 of Federal agencies on Tribal broadband de3 ployment activities, including the activities of— 

4 (i) the Department of Agriculture; 

5 (ii) the Department of Commerce; 

6 (iii) the Department of Education; 

7 (iv) the Department of Health and 

8 Human Services; 

9 (v) the Department of Housing and 

10 Urban Development; 

11 (vi) the Department of the Interior; 

12 (vii) the Department of Labor; 

13 (viii) the Commission; 

14 (ix) the Institute of Museum and Li15 brary Services; and 

16 (x) any other Federal agency that the 

17 Working Group considers appropriate; 

18 (D) provide technical assistance for the de19 velopment of Tribal broadband deployment 

20 plans to meet the Tribal broadband benchmark; 

21 (E) under subsection (d), develop a 

22 streamlined and standardized application proc23 ess for grants and other financial assistance to 

24 advance the deployment of broadband on Tribal 

25 land; 


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1 (F) promote information exchange between 

2 Federal agencies— 

3 (i) to identify and document Federal 

4 and non-Federal programs and funding op5 portunities that support Tribal broadband 

6 deployment; and 

7 (ii) if practicable, to leverage existing 

8 programs by encouraging joint solicita9 tions, block grants, and matching pro10 grams with non-Federal entities; and 

11 (G) develop a standardized form that iden12 tifies all applicable Federal statutory provisions, 

13 regulations, policies, or procedures that the 

14 Working Group determines are necessary to ad15 here to in order to implement a Tribal broad16 band deployment plan. 

17 (c) TRIBAL BROADBAND DEPLOYMENT PLAN.— 

18 (1) IDENTIFICATION OF UNDERSERVED TRIBAL

19 ENTITIES.—Not later than 180 days after the date 

20 of enactment of this Act, the Chairman of the Com21 mission, in coordination with the Secretary of the 

22 Interior, shall identify each underserved Tribal enti23 ty and publish a list of such entities in the Federal 

24 Register. 


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1 (2) NOTICE TO UNDERSERVED TRIBAL ENTI2 TIES.—Not later than 30 days after the date on 

3 which the list is published in the Federal Register 

4 under paragraph (1), the Working Group shall send 

5 notice to each underserved Tribal entity on the list 

6 inviting the entity to request technical assistance for 

7 the development of a Tribal broadband deployment 

8 plan under this subsection. 

9 (3) TECHNICAL ASSISTANCE.—At the request of 

10 an underserved Tribal entity, the Working Group 

11 shall provide the entity with technical assistance to 

12 facilitate the development, adoption, and deployment 

13 of a Tribal broadband development plan detailing 

14 the current and projected efforts of the entity to 

15 meet the Tribal broadband benchmark. 

16 (4) PLAN ELEMENTS.—Each Tribal broadband 

17 deployment plan developed under this subsection 

18 shall— 

19 (A) describe a comprehensive strategy 

20 identifying the full range of options to meet the 

21 Tribal broadband benchmark; 

22 (B) describe all available Federal programs 

23 that are available to assist the applicable under24 served Tribal entity in meeting the Tribal 

25 broadband benchmark; 


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1 (C) describe the way in which Federal pro2 gram activities and funds shall be integrated, 

3 consolidated, and delivered to the applicable un4 derserved Tribal entity to meet the Tribal 

5 broadband benchmark; 

6 (D) describe the results expected from im7 plementing the plan, including the expected 

8 number of additional households or participants 

9 that would be served due to the implementation 

10 of the plan; 

11 (E) identify the projected non-Federal ex12 penditures under the plan; 

13 (F) identify any agency of the applicable 

14 underserved Tribal entity that will be involved 

15 in the delivery of the services integrated under 

16 the plan; 

17 (G) identify all applicable Federal, State, 

18 and Tribal statutory provisions, regulations, 

19 policies, or procedures that the Working Group 

20 determines are necessary to adhere to in order 

21 to implement the plan; 

22 (H) identify opportunities for the applica23 ble underserved Tribal entity to purchase spec24 trum; and 

25 (I) identify— 


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1 (i) deployment obstacles; and 

2 (ii) activities that are necessary to en3 sure access to affordable broadband, in4 cluding digital literacy training, technical 

5 support, privacy and cybersecurity exper6 tise, or other end-user technology needs. 

7 (5) PROMOTING BROADBAND AVAILABILITY.— 

8 The Working Group shall work in partnership with 

9 State, local, and Tribal governments, and consumer 

10 and industry groups, to promote broadband avail11 ability to each underserved Tribal entity, including 

12 consumers in rural and high-cost areas that are ad13 jacent to Tribal land. 

14 (6) AUTHORIZATION OF APPROPRIATIONS.—For 

15 each of fiscal years 2021 through 2025, the Com16 mission may transfer not more than $5,000,000 of 

17 the amounts made available from the Tribal 

18 Broadband Fund established under section 5122 to 

19 the Working Group to carry out subsection (b) and 

20 this subsection. 

21 (d) STREAMLINED APPLICATIONS FOR SUPPORT.— 

22 (1) AGENCY CONSULTATION.—The Assistant 

23 Secretary shall consult with each Federal agency 

24 that offers a Federal broadband support program to 

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1 plication process for grants or other financial assist2 ance under the program. 

3 (2) AGENCY STREAMLINING.—A Federal agency 

4 that offers a Federal broadband support program to 

5 Tribal entities shall amend the application for 

6 broadband support from the program, to the extent 

7 practicable and as necessary, in order to streamline 

8 and standardize applications for Federal broadband 

9 support programs across the Federal Government. 

10 (3) SINGLE APPLICATION.—To the greatest ex11 tent practicable, the Assistant Secretary shall seek 

12 to create 1 application that may be submitted to 

13 apply for support from all Federal broadband sup14 port programs. 

15 (4) CENTRAL WEBSITE.—Not later than 180 

16 days after the date of enactment of this Act, the As17 sistant Secretary shall create a central website 

18 through which a potential applicant can learn about 

19 and apply for support from any Federal broadband 

20 support program. 

21 (e) TRIBAL BROADBAND DEPLOYMENT ADVISORY

22 COMMITTEE.— 

23 (1) ESTABLISHMENT.—There is established the 

24 Tribal Broadband Deployment Advisory Committee 

25 (referred to in this subsection as the ‘‘Committee’’). 


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1 (2) PURPOSES; SCOPE OF ACTIVITIES.— 

2 (A) PURPOSES.—The purposes of the 

3 Committee are— 

4 (i) to make recommendations to Con5 gress regarding how to accelerate the de6 ployment of broadband service on Tribal 

7 land by— 

8 (I) reducing or removing statu9 tory and regulatory barriers to invest10 ment in broadband infrastructure; and 

11 (II) strengthening existing broad12 band networks on Tribal land; and 

13 (ii) to provide an effective means for 

14 Tribal entities to engage with govern15 mental entities and professionals with ex16 pertise and backgrounds in broadband, 

17 telecommunications, information tech18 nology, and infrastructure deployment and 

19 adoption in the areas covered by the Com20 mittee to exchange ideas and develop rec21 ommendations to Congress regarding the 

22 deployment of broadband on Tribal land. 

23 (B) CONSIDERATION OF ISSUES.—The 

24 Committee may consider issues that include— 


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1 (i) measures to prepare for, respond 

2 to, and recover from disasters that impact 

3 broadband networks; 

4 (ii) new ways of encouraging deploy5 ment of broadband infrastructure and 

6 services on Tribal land; and 

7 (iii) other ways to accelerate the de8 ployment of broadband infrastructure to 

9 Tribal land. 

10 (3) DUTIES.—The Committee shall provide rec11 ommendations to Congress on issues relating to the 

12 deployment of broadband on Tribal land. 

13 (4) MEMBERSHIP.— 

14 (A) IN GENERAL.—The Committee shall 

15 consist of 16 voluntary representatives as fol16 lows: 

17 (i) 12 authorized representatives of 

18 Tribal governments, each of whom shall 

19 represent a different Bureau of Indian Af20 fairs region. 

21 (ii) 4 authorized representatives of 

22 Tribal governments, each of whom shall 

23 serve as an at-large representative. 


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1 (B) QUALIFICATIONS.—Each member of 

2 the Committee described in subparagraph (A) 

3 shall— 

4 (i) be an elected Tribal official or au5 thorized representative of an elected Tribal 

6 official; 

7 (ii) act in the official capacity of the 

8 member as an elected official of the entity; 

9 (iii) have the authority to participate 

10 on behalf of the Tribe; and 

11 (iv) be qualified to represent the views 

12 of all Tribal entities located in the region 

13 of the Bureau of Indian Affairs rep14 resented by the member. 

15 (C) CHAIR.—The Assistant Secretary shall 

16 appoint a Chair of the Committee, who shall— 

17 (i) approve or call all of the meetings 

18 of the Committee and subcommittees of 

19 the Committee; 

20 (ii) prepare and approve all meeting 

21 agendas; 

22 (iii) attend all Committee and sub23 committee meetings; 


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1 (iv) adjourn any meeting when the 

2 Chair determines that adjournment to be 

3 in the public interest; and 

4 (v) chair meetings when directed to do 

5 so by the Assistant Secretary. 

6 (5) MEETINGS.— 

7 (A) FREQUENCY.—The Committee shall 

8 meet not less frequently than 3 times per year. 

9 (B) TRANSPARENCY.—The meetings of the 

10 Committee shall be open to the public and time11 ly notice of each such meeting shall be pub12 lished— 

13 (i) in the Federal Register; and 

14 (ii) through other appropriate meth15 ods. 

16 (6) SUPPORT.— 

17 (A) FACILITIES AND STAFF.—The Assist18 ant Secretary shall provide the facilities and 

19 support staff necessary to conduct meetings of 

20 the Committee. 

21 (B) COMPENSATION.—A member of the 

22 Committee shall serve without any compensa23 tion from the Federal Government. 

24 (C) TRAVEL EXPENSES.—A member of the 

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1 cluding per diem in lieu of subsistence, at rates 

2 authorized for an employee of an agency under 

3 subchapter I of chapter 57 of title 5, United 

4 States Code, while away from the home or reg5 ular place of business of the member in the per6 formance of the duties of the Committee. 

7 SEC. 5124. BROADBAND FOR TRIBAL LIBRARIES AND CON8 SORTIUMS. 

9 (a) DEFINITION.—In this section, the term ‘‘quali10 fying anchor institution’’ means a facility owned by an In11 dian Tribe, serving Indian Tribes, or serving American In12 dians, Alaskan Natives, or Native Hawaiian communities, 

13 including— 

14 (1) a Tribal library or Tribal library consor15 tium; or 

16 (2) a Tribal government building, chapter 

17 house, longhouse, community center, senior center, 

18 or other similar public building. 

19 (b) ELIGIBILITY OF LIBRARIES AND OTHER ANCHOR

20 INSTITUTIONS FOR E-RATE SUPPORT.—The Commission 

21 shall amend section 54.501(b) of title 47, Code of Federal 

22 Regulations, to provide that a qualifying anchor institu23 tion shall be eligible for a discount on telecommunications 

24 and other supported services under subpart F of part 54 

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1 chor institution is eligible for assistance from a State li2 brary administrative agency under the Library Services 

3 and Technology Act (20 U.S.C. 9121 et seq.). 

4 SEC. 5125. TRIBAL SET-ASIDE. 

5 (a) RURAL UTILITIES SERVICE.— 

6 (1) TRIBAL SET-ASIDE.—Notwithstanding any 

7 other provision of law, effective beginning in fiscal 

8 year 2021 and for each fiscal year thereafter, the 

9 Secretary of Agriculture (referred to in this sub10 section as the ‘‘Secretary’’) shall set aside for 

11 broadband adoption and deployment on Tribal land 

12 not less than 20 percent of the amounts made avail13 able for that fiscal year for each of the following: 

14 (A) The Telecommunications Infrastruc15 ture Loan and Loan Guarantee Program estab16 lished under the Rural Electrification Act of 

17 1936 (7 U.S.C. 901 et seq.). 

18 (B) The initiative under section 306F of 

19 that Act (7 U.S.C. 936f). 

20 (C) The Community Connect Grant Pro21 gram established under section 604 of that Act 

22 (7 U.S.C. 950bb–3). 

23 (D) Financial assistance under chapter 1 

24 of subtitle D of title XXIII of the Food, Agri25 culture, Conservation, and Trade Act of 1990 


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1 (7 U.S.C. 950aaa et seq.), under section 2335A 

2 of that Act (7 U.S.C. 950aaa–5). 

3 (E) The broadband loan and grant pilot 

4 program described in section 779 of division A 

5 of the Consolidated Appropriations Act, 2018 

6 (Public Law 115–141). 

7 (2) COMMUNITY CONNECT GRANT PROGRAM.— 

8 (A) DEFINITION OF ELIGIBLE ENTITY.— 

9 Section 604(a)(3) of the Rural Electrification 

10 Act of 1936 (7 U.S.C. 950bb–3(a)(3)) is 

11 amended— 

12 (i) in subparagraph (A)(i)(II), by 

13 striking ‘‘or Tribal organization’’ and in14 serting ‘‘, Tribal organization, or Indian15 owned business (as defined in section 3 of 

16 the Native American Business Develop17 ment, Trade Promotion, and Tourism Act 

18 of 2000 (25 U.S.C. 4302))’’; and 

19 (ii) in subparagraph (B)(ii), by insert20 ing ‘‘, unless the partnership is an Indian21 owned business (as defined in section 3 of 

22 the Native American Business Develop23 ment, Trade Promotion, and Tourism Act 

24 of 2000 (25 U.S.C. 4302))’’ before the pe25 riod at the end. 


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1 (B) EXEMPTION FROM MATCHING FUNDS

2 REQUIREMENT.—Section 604(e)(1) of the Rural 

3 Electrification Act of 1936 (7 U.S.C. 950bb– 

4 3(e)(1)) is amended by inserting ‘‘(other than 

5 an underserved Tribal entity (as defined in sec6 tion 5121 of the Economic Justice Act))’’ after 

7 ‘‘eligible entity’’. 

8 (C) EXEMPTION FROM APPLICATION RE9 QUIREMENTS.—Section 604(f) of the Rural 

10 Electrification Act of 1936 (7 U.S.C. 950bb– 

11 3(f)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(3) EXEMPTIONS FOR TRIBAL ENTITIES.— 

14 Notwithstanding paragraphs (1) and (2), the Sec15 retary shall not require a Tribal entity (as defined 

16 in section 5121 of the Economic Justice Act) to sub17 mit a system design described in subsection (d) of 

18 section 1739.15 of title 7, Code of Federal Regula19 tions (or successor regulations), or financial infor20 mation described in subsection (h)(2) of that section, 

21 to be eligible to receive a grant under the Pro22 gram.’’. 

23 (3) BROADBAND LOAN AND GRANT PILOT PRO24 GRAM.— 


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1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of law, a Tribal entity shall be 

3 considered to be eligible for funding under the 

4 broadband loan and grant pilot program de5 scribed in section 779 of division A of the Con6 solidated Appropriations Act, 2018 (Public Law 

7 115–141; 132 Stat. 399). 

8 (B) EXEMPTIONS.—The Secretary of Agri9 culture shall exempt underserved Tribal entities 

10 from the application requirements under the 

11 pilot program described in subparagraph (A)— 

12 (i) to submit a network design; and 

13 (ii) to provide a matching contribution 

14 equal to 25 percent of the overall cost of 

15 the project. 

16 (b) UNIVERSAL SERVICE FUND.— 

17 (1) UNIVERSAL SERVICE GENERALLY.—Not 

18 later than 180 days after the date of enactment of 

19 this Act, the Commission shall promulgate regula20 tions under which the Commission, on and after the 

21 effective date of the regulations, shall— 

22 (A) set aside 5 percent of the amounts al23 located for each Federal universal service sup24 port program established under section 254 of 

25 the Communications Act of 1934 (47 U.S.C. 


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1 254), including each program carried out under 

2 subparts D through G and J through M of part 

3 54 of title 47, Code of Federal Regulations, or 

4 any successor regulations; and 

5 (B) with respect to the amount set aside 

6 from each program under subparagraph (A), 

7 distribute that amount for the purpose of ex8 panding access to broadband service on Tribal 

9 land, in accordance with the otherwise applica10 ble requirements of the program. 

11 (2) LIFELINE PROGRAM.— 

12 (A) INITIAL INCREASE IN TRIBAL LAND

13 SUPPORT AMOUNT.—For the first 12-month pe14 riod beginning 2 years after the date of enact15 ment of this Act, in the case of Tribal land per16 taining to a Tribal entity that has not met the 

17 Tribal broadband benchmark, the Commission 

18 shall increase the monthly cap on additional 

19 Federal lifeline support made available to an el20 igible telecommunications carrier providing 

21 Lifeline service to an eligible resident of that 

22 Tribal land under section 54.403(a)(3) of title 

23 47, Code of Federal Regulations, or any suc24 cessor regulation, by $10. 


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1 (B) ANNUAL INCREASE.—For each subse2 quent 12-month period after the 12-month pe3 riod described in subparagraph (A), in the case 

4 of Tribal land pertaining to a Tribal entity that 

5 has not met the Tribal broadband benchmark, 

6 the Commission shall increase the monthly cap 

7 described in that paragraph by an additional 

8 $10. 

9 SEC. 5126. UNIVERSAL SERVICE ON TRIBAL LAND. 

10 (a) DEFINITIONS.—Section 3 of the Communications 

11 Act of 1934 (47 U.S.C. 153) is amended— 

12 (1) by redesignating paragraphs (58) and (59) 

13 as paragraphs (62) and (63), respectively; 

14 (2) by redesignating paragraphs (35) through 

15 (57) as paragraphs (37) through (59), respectively; 

16 (3) by redesignating paragraphs (24) through 

17 (34) as paragraphs (25) through (35), respectively; 

18 (4) by inserting after paragraph (23) the fol19 lowing: 

20 ‘‘(24) INDIAN TRIBE.—The term ‘Indian Tribe’ 

21 has the meaning given the term ‘Indian tribe’ in sec22 tion 4 of the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 5304).’’; 

24 (5) by inserting after paragraph (35), as so re25 designated, the following: 


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1 ‘‘(36) NATIVE HAWAIIAN.—The term ‘Native 

2 Hawaiian’ has the meaning given the term in section 

3 801 of the Native American Housing Assistance and 

4 Self-Determination Act of 1996 (25 U.S.C. 4221).’’; 

5 and 

6 (6) by inserting after paragraph (59), as so re7 designated, the following: 

8 ‘‘(60) TRIBAL ENTITY.—The term ‘Tribal enti9 ty’— 

10 ‘‘(A) means an Indian Tribe; and 

11 ‘‘(B) includes a Native Hawaiian commu12 nity. 

13 ‘‘(61) TRIBAL LAND.—The term ‘Tribal land’ 

14 means— 

15 ‘‘(A) any land located within the bound16 aries of— 

17 ‘‘(i) an Indian reservation, pueblo, or 

18 rancheria; or 

19 ‘‘(ii) a former reservation within Okla20 homa; 

21 ‘‘(B) any land not located within the 

22 boundaries of an Indian reservation, pueblo, or 

23 rancheria, the title to which is held— 


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1 ‘‘(i) in trust by the United States for 

2 the benefit of an Indian Tribe or an indi3 vidual Indian; 

4 ‘‘(ii) by an Indian Tribe or an indi5 vidual Indian, subject to restriction against 

6 alienation under laws of the United States; 

7 or 

8 ‘‘(iii) by a dependent Indian commu9 nity; 

10 ‘‘(C) any land located within a region es11 tablished pursuant to section 7(a) of the Alaska 

12 Native Claims Settlement Act (43 U.S.C. 

13 1606(a)); 

14 ‘‘(D) Hawaiian Home Lands, as defined in 

15 section 801 of the Native American Housing 

16 Assistance and Self-Determination Act of 1996 

17 (25 U.S.C. 4221); or 

18 ‘‘(E) those areas or communities des19 ignated by the Assistant Secretary of Indian 

20 Affairs of the Department of the Interior that 

21 are near, adjacent, or contiguous to reserva22 tions where financial assistance and social serv23 ice programs are provided to Indians because of 

24 their status as Indians.’’. 


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1 (b) UNIVERSAL SERVICE.—Section 254(b)(3) of the 

2 Communications Act of 1934 (47 U.S.C. 254(b)(3)) is 

3 amended— 

4 (1) by striking ‘‘and those’’ and inserting ‘‘, 

5 consumers’’; and 

6 (2) inserting after ‘‘high cost areas,’’ the fol7 lowing: ‘‘and consumers on Tribal land and in areas 

8 with high populations of Indians (as defined in sec9 tion 19 of the Act of June 18, 1934 (commonly 

10 known as the ‘Indian Reorganization Act’) (25 

11 U.S.C. 5129)) or Native Hawaiians,’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

13 Section 271(c)(1)(A) of the Communications Act of 1934 

14 (47 U.S.C. 271(c)(1)(A)) is amended, in the first sen15 tence, by striking ‘‘section 3(47)(A)’’ and inserting ‘‘sec16 tion 3(56)(A)’’. 

17 SEC. 5127. TRIBAL BROADBAND FACTOR. 

18 The Commission shall conduct a rulemaking to— 

19 (1) increase Connect America Fund Broadband 

20 Loop Support under subpart K of part 54 of title 

21 47, Code of Federal Regulations (or any successor 

22 regulation), available to rate-of-return carriers serv23 ing Tribal land by reducing the funding threshold of 

24 $42 per month per line by 25 percent; and 


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1 (2) increase High Cost Loop Support under 

2 subpart M of part 54 of title 47, Code of Federal 

3 Regulations (or any successor regulation), available 

4 to rate-of-return carriers serving Tribal land by in5 creasing— 

6 (A) the eligible costs expense adjustment 

7 under section 54.1310(a)(1) of that title from 

8 65 percent to 81.25 percent; and 

9 (B) the eligible costs expense adjustment 

10 under section 54.1310(a)(2) of that title from 

11 75 percent to 93.75 percent. 

12 SEC. 5128. PILOT PROGRAM FOR TRIBAL GRANT OF 

13 RIGHTS-OF-WAY FOR BROADBAND FACILI14 TIES. 

15 (a) DEFINITIONS.—In this section: 

16 (1) PROGRAM.—The term ‘‘program’’ means 

17 the Tribal Broadband Right-of-Way Pilot Program 

18 established under subsection (b)(1). 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (b) PILOT PROGRAM.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 a pilot program, to be known as the ‘‘Tribal 

24 Broadband Right-of-Way Pilot Program’’, under 

25 which the Secretary shall delegate to the Indian 


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1 Tribes selected under paragraph (3) the authority 

2 under the first section of the Act of February 5, 

3 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323), to 

4 grant rights-of-way described in paragraph (2) over 

5 and across Tribal land. 

6 (2) RIGHT-OF-WAY DESCRIBED.—A right-of7 way referred to in paragraph (1) is a right-of-way 

8 for the construction, maintenance, and facilitation of 

9 broadband service, which may include— 

10 (A) towers; 

11 (B) cables; 

12 (C) transmission lines; and 

13 (D) any other equipment necessary for 

14 construction, maintenance, and facilitation of 

15 broadband service. 

16 (3) PARTICIPATING INDIAN TRIBES.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B) and in accordance with subsection 

19 (c), the Secretary shall select not fewer than 10 

20 Indian Tribes to participate in the program. 

21 (B) LOCATION OF INDIAN TRIBES.—Of the 

22 Indian Tribes selected under subparagraph (A), 

23 not fewer than 5 shall be Indian Tribes the 

24 land of which is located within the State of Ari25 zona or the State of New Mexico. 


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1 (4) BROADBAND RIGHT-OF-WAY.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), an Indian Tribe partici4 pating in the program may grant a right-of-way 

5 described in paragraph (2) over and across the 

6 land of the Indian Tribe without the approval 

7 of, or a grant by, the Secretary, if— 

8 (i) the right-of-way is granted in ac9 cordance with the regulations of the Indian 

10 Tribe approved by the Secretary under 

11 subsection (c); and 

12 (ii) the term of the right-of-way does 

13 not exceed 25 years, except that a right-of14 way may include an option to renew the 

15 right-of-way for not more than 2 additional 

16 terms, each of which may not exceed 25 

17 years. 

18 (B) ALLOTTED LAND.—An Indian Tribe 

19 may not grant a right-of-way under subpara20 graph (A) over and across an individual Indian 

21 allotment under section 4 of the Act of Feb22 ruary 8, 1887 (commonly known as the ‘‘Indian 

23 General Allotment Act’’) (24 Stat. 389, chapter 

24 119; 25 U.S.C. 334). 

25 (c) PROPOSED REGULATIONS.— 


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1 (1) IN GENERAL.—An Indian Tribe desiring to 

2 participate in the program shall submit to the Sec3 retary an application containing the proposed regu4 lations of the Indian Tribe for the granting of 

5 rights-of-way described in subsection (b)(2). 

6 (2) SELECTION.—The Secretary may only se7 lect for participation in the program Indian Tribes 

8 the proposed regulations of which are approved by 

9 the Secretary under this subsection. 

10 (3) CONSIDERATIONS FOR APPROVAL.—The 

11 Secretary may approve the proposed regulations of 

12 an Indian Tribe if the regulations— 

13 (A) are consistent with any regulations 

14 issued by the Secretary under section 6 of the 

15 Act of February 5, 1948 (62 Stat. 18, chapter 

16 45; 25 U.S.C. 328); and 

17 (B) provide for an environmental review 

18 process that includes— 

19 (i) the identification and evaluation by 

20 the Indian Tribe of any significant impacts 

21 of the proposed right-of-way on the envi22 ronment; and 

23 (ii) a process for ensuring that— 

24 (I) the public is informed of, and 

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1 ment on, any impacts identified by the 

2 Indian Tribe under clause (i); and 

3 (II) the Indian Tribe provides re4 sponses to relevant and substantive 

5 public comments received under sub6 clause (I). 

7 (4) TECHNICAL ASSISTANCE.— 

8 (A) IN GENERAL.—On request of an In9 dian Tribe desiring to participate in the pro10 gram, the Secretary shall provide technical as11 sistance for development of proposed regula12 tions to be submitted in the application of the 

13 Indian Tribe under paragraph (1), including 

14 technical assistance for development of a regu15 latory environmental review process that meets 

16 the requirements of paragraph (3)(B). 

17 (B) ISDEAA.— 

18 (i) IN GENERAL.—Technical assist19 ance provided by the Secretary under sub20 paragraph (A) may be made available to 

21 Indian Tribes described in clause (ii) 

22 through contracts, grants, or agreements 

23 entered into in accordance with the Indian 

24 Self-Determination and Education Assist25 ance Act (25 U.S.C. 5304 et seq.). 


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1 (ii) INDIAN TRIBE DESCRIBED.—An 

2 Indian Tribe referred to in clause (i) is an 

3 Indian Tribe eligible for contracts, grants, 

4 or agreements under the Indian Self-De5 termination and Education Assistance Act 

6 (25 U.S.C. 5304 et seq.). 

7 (5) REVIEW PROCESS.— 

8 (A) IN GENERAL.—Not later than 120 

9 days after the date on which an application is 

10 submitted to the Secretary under paragraph 

11 (1), the Secretary shall review and approve or 

12 disapprove the proposed regulations contained 

13 in the application. 

14 (B) WRITTEN DOCUMENTATION.—If the 

15 Secretary disapproves the regulations under 

16 subparagraph (A), the Secretary shall— 

17 (i) notify the Indian Tribe that the 

18 regulations have been disapproved; and 

19 (ii) include with the notification writ20 ten documentation that describes the basis 

21 for the disapproval. 

22 (C) EXTENSION.—After consultation with 

23 the Indian Tribe, the Secretary may extend the 

24 deadline described in subparagraph (A) for an 

25 additional 120-day period. 


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1 (d) FEDERAL ENVIRONMENTAL REVIEW.—If an In2 dian Tribe participating in the program proposes to grant 

3 a right-of-way for a broadband service project or activity 

4 funded by a Federal agency, the Indian Tribe may rely 

5 on the environmental review process of the applicable Fed6 eral agency rather than the environmental review process 

7 approved as part of the regulations of the Indian Tribe 

8 under subsection (c)(3)(B). 

9 (e) DOCUMENTATION.—If an Indian Tribe partici10 pating in the program grants a right-of-way under the 

11 program, the Indian Tribe shall submit to the Secretary— 

12 (1) a copy of the right-of-way, including any 

13 amendments or renewals to the right-of-way; and 

14 (2) if the regulations of the Indian Tribe or the 

15 right-of-way allows for right-of-way payments to be 

16 made directly to the Indian Tribe, documentation of 

17 the right-of-way payments that are sufficient to en18 able the Secretary to discharge the trust responsi19 bility of the United States under subsection (f)(2). 

20 (f) TRUST RESPONSIBILITY.— 

21 (1) IN GENERAL.—The United States shall not 

22 be liable for any losses sustained by a party to a 

23 right-of-way granted by an Indian Tribe under the 

24 program. 

25 (2) AUTHORITY OF SECRETARY.— 


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1 (A) IN GENERAL.—Pursuant to the au2 thority of the Secretary to fulfill the trust obli3 gation of the United States to Indian Tribes 

4 participating in the program under Federal law 

5 (including regulations), the Secretary may, on 

6 request by, and after reasonable notice from, an 

7 Indian Tribe, enforce the provisions of, or can8 cel, any right-of-way granted by the Indian 

9 Tribe under the program. 

10 (B) PROCEDURES.—The Secretary shall 

11 enforce the provisions of, or cancel, any right12 of-way under subparagraph (A) in accordance 

13 with the regulations issued by the Secretary 

14 under section 6 of the Act of February 5, 1948 

15 (62 Stat. 18, chapter 45; 25 U.S.C. 328). 

16 (g) COMPLIANCE.— 

17 (1) IN GENERAL.—A duly enrolled member of 

18 an Indian Tribe, after exhausting any applicable 

19 Tribal remedies, may submit to the Secretary, at 

20 such time and in such form as the Secretary deter21 mines to be appropriate, a petition to review the 

22 compliance of an Indian Tribe participating in the 

23 program with the regulations of the Indian Tribe ap24 proved by the Secretary under subsection (c). 


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1 (2) VIOLATIONS.—If, after carrying out a re2 view under paragraph (1), the Secretary determines 

3 that the Indian Tribe violated the regulations, the 

4 Secretary, subject to paragraph (3)(B), may take 

5 any action the Secretary determines to be necessary 

6 to remedy the violation, including— 

7 (A) rescinding the approval of the regula8 tions; and 

9 (B) reassuming the authority to grant 

10 rights-of-ways described in subsection (b)(2) 

11 delegated to the Indian Tribe under the pro12 gram. 

13 (3) DOCUMENTATION.—If the Secretary deter14 mines that the Indian Tribe violated the regulations 

15 and a remedy is necessary, the Secretary shall— 

16 (A) submit to the Indian Tribe a written 

17 notification of the regulations that have been 

18 violated; and 

19 (B) prior to the exercise of any remedy 

20 under paragraph (2), provide the Indian Tribe 

21 with— 

22 (i) a hearing that is on the record; 

23 and 

24 (ii) a reasonable opportunity to cure 

25 the alleged violation. 


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1 (h) SUNSET.—The authority of the Secretary to carry 

2 this section shall terminate 10 years after the date of en3 actment of this Act. 

4 CHAPTER 3—CONNECTED DEVICES 

5 SEC. 5131. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER 

6 EQUIPMENT, AND CONNECTED DEVICES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ADVANCED TELECOMMUNICATIONS AND IN9 FORMATION SERVICES.—The term ‘‘advanced tele10 communications and information services’’ means 

11 advanced telecommunications and information serv12 ices, as that term is used in section 254(h) of the 

13 Communications Act of 1934 (47 U.S.C. 254(h)). 

14 (2) CONNECTED DEVICE.—The term ‘‘con15 nected device’’ means a laptop computer, tablet com16 puter, or similar device that is capable of connecting 

17 to advanced telecommunications and information 

18 services. 

19 (3) COVERED EQUIPMENT.—The term ‘‘covered 

20 equipment’’ means— 

21 (A) Wi-Fi hotspots; 

22 (B) modems; 

23 (C) routers; 

24 (D) devices that combine a modem and 

25 router; and 


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1 (E) connected devices. 

2 (4) COVERED REGULATIONS.—The term ‘‘cov3 ered regulations’’ means the regulations promul4 gated under subsection (b). 

5 (5) LIBRARY.—The term ‘‘library’’ includes a 

6 library consortium. 

7 (6) WI-FI.—The term ‘‘Wi-Fi’’ means a wire8 less networking protocol based on Institute of Elec9 trical and Electronics Engineers standard 802.11 

10 (or any successor standard). 

11 (7) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 

12 hotspot’’ means a device that is capable of— 

13 (A) receiving mobile advanced tele14 communications and information services; and 

15 (B) sharing those services with another de16 vice through the use of Wi-Fi. 

17 (b) REGULATIONS REQUIRED.—Not later than 180 

18 days after the date of enactment of this Act, the Commis19 sion shall promulgate regulations providing for the provi20 sion, from amounts made available from the Connectivity 

21 Fund established under subsection (h)(1), of support 

22 under section 254(h)(1)(B) of the Communications Act of 

23 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary school, 

24 secondary school, or library (including a Tribal elementary 

25 school, Tribal secondary school, or Tribal library) eligible 


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1 for support under that section, for the purchase of covered 

2 equipment, advanced telecommunications and information 

3 services, or covered equipment and advanced telecommuni4 cations and information services, for use by— 

5 (1) in the case of a school, students and staff 

6 of the school at locations that include locations other 

7 than the school; and 

8 (2) in the case of a library, patrons of the li9 brary at locations that include locations other than 

10 the library. 

11 (c) TRIBAL ISSUES.— 

12 (1) SET ASIDE FOR TRIBAL LANDS.—The Com13 mission shall reserve not less than 5 percent of the 

14 amounts available to the Commission under sub15 section (h)(3) to provide support under the covered 

16 regulations to schools and libraries that serve indi17 viduals who are located on Tribal land. 

18 (2) ELIGIBILITY OF TRIBAL LIBRARIES.—For 

19 purposes of determining the eligibility of a Tribal li20 brary for support under the covered regulations, the 

21 portion of paragraph (4) of section 254(h) of the 

22 Communications Act of 1934 (47 U.S.C. 254(h)) re23 lating to eligibility for assistance from a State li24 brary administrative agency under the Library Serv25 ices and Technology Act shall not apply. 


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1 (d) PRIORITIZATION OF SUPPORT.—The Commission 

2 shall provide in the covered regulations for a mechanism 

3 to require a school or library to prioritize the provision 

4 of covered equipment, advanced telecommunications and 

5 information services, or covered equipment and advanced 

6 telecommunications and information services, for which 

7 support is received under those regulations, to students 

8 and staff or patrons (as the case may be) that the school 

9 or library believes do not have access to covered equip10 ment, do not have access to advanced telecommunications 

11 and information services, or have access to neither covered 

12 equipment nor advanced telecommunications and informa13 tion services, at the residences of those students and staff 

14 or patrons. 

15 (e) PERMISSIBLE USES OF EQUIPMENT.—The Com16 mission shall provide in the covered regulations that, in 

17 the case of a school or library that purchases covered 

18 equipment using support received under those regulations, 

19 the school or library— 

20 (1) may use the equipment for any purposes 

21 that the school or library considers appropriate, sub22 ject to any restrictions provided in those regulations 

23 (or any successor regulation); and 

24 (2) may not sell or otherwise transfer the equip25 ment in exchange for any thing (including a service) 


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1 of value, except that the school or library may ex2 change the equipment for upgraded equipment of 

3 the same type. 

4 (f) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to affect any authority the Com6 mission may have under section 254(h)(1)(B) of the Com7 munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to 

8 allow support under that section to be used for the pur9 poses described in subsection (b) of this section other than 

10 as required under that subsection. 

11 (g) PART 54 REGULATIONS.—Nothing in this section 

12 shall be construed to prevent the Commission from pro13 viding that the regulations in part 54 of title 47, Code 

14 of Federal Regulations (or any successor regulation), with 

15 respect to support provided under the covered regula16 tions— 

17 (1) shall apply in whole or in part to that sup18 port; 

19 (2) shall not apply in whole or in part to that 

20 support; or 

21 (3) shall be modified in whole or in part for 

22 purposes of application to that support. 

23 (h) CONNECTIVITY FUND.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a fund to be 

3 known as the ‘‘Connectivity Fund’’. 

4 (2) APPROPRIATION.—There is appropriated to 

5 the Connectivity Fund, out of any money in the 

6 Treasury not otherwise appropriated, 

7 $12,000,000,000 for fiscal year 2021, to remain 

8 available until expended. 

9 (3) USE OF FUNDS.—Amounts in the 

10 Connectivity Fund shall be available to the Commis11 sion to provide support under the covered regula12 tions. 

13 (4) RELATIONSHIP TO UNIVERSAL SERVICE

14 CONTRIBUTIONS.—Support provided under covered 

15 regulations shall be provided from amounts made 

16 available under paragraph (3) and not from con17 tributions under section 254(d) of the Communica18 tions Act of 1934 (47 U.S.C. 254(d)). 

19 CHAPTER 4—DIGITAL EQUITY 

20 SEC. 5141. SHORT TITLE. 

21 This chapter may be cited as the ‘‘Digital Equity Act 

22 of 2020’’. 

23 SEC. 5142. DEFINITIONS. 

24 In this chapter: 


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1 (1) ADOPTION OF BROADBAND.—The term 

2 ‘‘adoption of broadband’’ means the process by 

3 which an individual obtains daily access to the inter4 net— 

5 (A) at a speed, quality, and capacity— 

6 (i) that is necessary for the individual 

7 to accomplish common tasks; and 

8 (ii) such that the access qualifies as 

9 an advanced telecommunications capability; 

10 (B) with the digital skills that are nec11 essary for the individual to participate online; 

12 and 

13 (C) on a— 

14 (i) personal device; and 

15 (ii) secure and convenient network. 

16 (2) ADVANCED TELECOMMUNICATIONS CAPA17 BILITY.—The term ‘‘advanced telecommunications 

18 capability’’ has the meaning given the term in sec19 tion 706(d) of the Telecommunications Act of 1996 

20 (47 U.S.C. 1302(d)). 

21 (3) AGING INDIVIDUAL.—The term ‘‘aging indi22 vidual’’ has the meaning given the term ‘‘older indi23 vidual’’ in section 102 of the Older Americans Act 

24 of 1965 (42 U.S.C. 3002). 


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1 (4) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Appropriations of 

5 the Senate; 

6 (B) the Committee on Commerce, Science, 

7 and Transportation of the Senate; 

8 (C) the Committee on Appropriations of 

9 the House of Representatives; and 

10 (D) the Committee on Energy and Com11 merce of the House of Representatives. 

12 (5) COMMUNITY ANCHOR INSTITUTION.—The 

13 term ‘‘community anchor institution’’ means a pub14 lic school, a library, a medical or healthcare pro15 vider, a community college or other institution of 

16 higher education, a State library agency, and any 

17 other nonprofit or governmental community support 

18 organization. 

19 (6) COVERED HOUSEHOLD.—The term ‘‘covered 

20 household’’ means a household, the taxable income 

21 of which for the most recently completed taxable 

22 year is not more than 150 percent of an amount 

23 equal to the poverty level, as determined by using 

24 criteria of poverty established by the Bureau of the 

25 Census. 


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1 (7) COVERED POPULATIONS.—The term ‘‘cov2 ered populations’’ means— 

3 (A) individuals who live in covered house4 holds; 

5 (B) aging individuals; 

6 (C) incarcerated individuals, other than in7 dividuals who are incarcerated in a Federal cor8 rectional facility; 

9 (D) veterans; 

10 (E) individuals with disabilities; 

11 (F) individuals with a language barrier, in12 cluding individuals who— 

13 (i) are English learners; and 

14 (ii) have low levels of literacy; 

15 (G) individuals who are members of a ra16 cial or ethnic minority group; and 

17 (H) individuals who primarily reside in a 

18 rural area. 

19 (8) COVERED PROGRAMS.—The term ‘‘covered 

20 programs’’ means— 

21 (A) the State Digital Equity Capacity 

22 Grant Program established under section 5144; 

23 and 

24 (B) the Digital Equity Competitive Grant 

25 Program established under section 5145. 


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1 (9) DIGITAL INCLUSION.—The term ‘‘digital in2 clusion’’— 

3 (A) means the activities that are necessary 

4 to ensure that all individuals in the United 

5 States have access to, and the use of, affordable 

6 information and communication technologies, 

7 such as— 

8 (i) reliable fixed and wireless broad9 band internet service; 

10 (ii) internet-enabled devices that meet 

11 the needs of the user; and 

12 (iii) applications and online content 

13 designed to enable and encourage self-suf14 ficiency, participation, and collaboration; 

15 and 

16 (B) includes— 

17 (i) obtaining access to digital literacy 

18 training; 

19 (ii) the provision of quality technical 

20 support; and 

21 (iii) obtaining basic awareness of 

22 measures to ensure online privacy and 

23 cybersecurity. 

24 (10) DIGITAL LITERACY.—The term ‘‘digital lit25 eracy’’ means the skills associated with using techVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 nology to enable users to find, evaluate, organize, 

2 create, and communicate information. 

3 (11) DISABILITY.—The term ‘‘disability’’ has 

4 the meaning given the term in section 3 of the 

5 Americans with Disabilities Act of 1990 (42 U.S.C. 

6 12102). 

7 (12) ELIGIBLE STATE.—The term ‘‘eligible 

8 State’’ means— 

9 (A) with respect to planning grants made 

10 available under section 5144(c)(3), a State with 

11 respect to which the Assistant Secretary has 

12 approved an application submitted to the As13 sistant Secretary under section 5144(c)(3)(C); 

14 and 

15 (B) with respect to capacity grants award16 ed under section 5144(d), a State with respect 

17 to which the Assistant Secretary has approved 

18 an application submitted to the Assistant Sec19 retary under section 5144(d)(2), including ap20 proval of the State Digital Equity Plan devel21 oped by the State under section 5144(c). 

22 (13) GENDER IDENTITY.—The term ‘‘gender 

23 identity’’ has the meaning given the term in section 

24 249(c) of title 18, United States Code. 


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1 (14) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘‘institution of higher education’’— 

3 (A) has the meaning given the term in sec4 tion 101 of the Higher Education Act of 1965 

5 (20 U.S.C. 1001); and 

6 (B) includes a postsecondary vocational in7 stitution. 

8 (15) LOCAL EDUCATIONAL AGENCY.—The term 

9 ‘‘local educational agency’’ has the meaning given 

10 the term in section 8101(30) of the Elementary and 

11 Secondary Education Act of 1965 (20 U.S.C. 

12 7801(30)). 

13 (16) POSTSECONDARY VOCATIONAL INSTITU14 TION.—The term ‘‘postsecondary vocational institu15 tion’’ has the meaning given the term in section 

16 102(c) of the Higher Education Act of 1965 (20 

17 U.S.C. 1002(c)). 

18 (17) RURAL AREA.—The term ‘‘rural area’’ has 

19 the meaning given the term in section 601(b)(3) of 

20 the Rural Electrification Act of 1936 (7 U.S.C. 

21 950bb(b)(3)). 

22 (18) SOCIALLY AND ECONOMICALLY DISADVAN23 TAGED SMALL BUSINESS CONCERN.—The term ‘‘so24 cially and economically disadvantaged small business 

25 concern’’ has the meaning given the term in section 


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1 8(a)(4) of the Small Business Act (15 U.S.C. 

2 637(a)(4)). 

3 (19) STATE.—The term ‘‘State’’ means— 

4 (A) any State of the United States; 

5 (B) the District of Columbia; and 

6 (C) the Commonwealth of Puerto Rico. 

7 (20) VETERAN.—The term ‘‘veteran’’ has the 

8 meaning given the term in section 101 of title 38, 

9 United States Code. 

10 (21) WORKFORCE DEVELOPMENT PROGRAM.— 

11 The term ‘‘workforce development program’’ has the 

12 meaning given the term in section 3 of the Work13 force Innovation and Opportunity Act (29 U.S.C. 

14 3102). 

15 SEC. 5143. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) a broadband connection and digital literacy 

18 are increasingly critical to how individuals— 

19 (A) participate in the society, economy, 

20 and civic institutions of the United States; and 

21 (B) access health care and essential serv22 ices, obtain education, and build careers; 

23 (2) digital exclusion— 

24 (A) carries a high societal and economic 

25 cost; 


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1 (B) materially harms the opportunity of an 

2 individual with respect to the economic success, 

3 educational achievement, positive health out4 comes, social inclusion, and civic engagement of 

5 that individual; and 

6 (C) exacerbates existing wealth and income 

7 gaps, especially those experienced by covered 

8 populations; 

9 (3) achieving digital equity for all people of the 

10 United States requires additional and sustained in11 vestment and research efforts; 

12 (4) the Federal Government, as well as State, 

13 Tribal, territorial, and local governments, have made 

14 social, legal, and economic obligations that nec15 essarily extend to how the citizens and residents of 

16 those governments access and use the internet; and 

17 (5) achieving digital equity is a matter of social 

18 and economic justice and is worth pursuing. 

19 SEC. 5144. STATE DIGITAL EQUITY CAPACITY GRANT PRO20 GRAM. 

21 (a) ESTABLISHMENT; PURPOSE.— 

22 (1) IN GENERAL.—The Assistant Secretary 

23 shall establish in the Department of Commerce the 

24 State Digital Equity Capacity Grant Program (re25 ferred to in this section as the ‘‘Program’’)— 


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1 (A) the purpose of which is to promote the 

2 achievement of digital equity, support digital in3 clusion activities, and build capacity for efforts 

4 by States relating to the adoption of broadband 

5 by residents of those States; 

6 (B) through which the Assistant Secretary 

7 shall make grants to States in accordance with 

8 the requirements of this section; and 

9 (C) which shall ensure that States have the 

10 capacity to promote the achievement of digital 

11 equity and support digital inclusion activities. 

12 (2) CONSULTATION WITH OTHER FEDERAL

13 AGENCIES; NO CONFLICT.—In establishing the Pro14 gram under paragraph (1), the Assistant Secretary 

15 shall— 

16 (A) consult with— 

17 (i) the Secretary of Agriculture; 

18 (ii) the Secretary of Housing and 

19 Urban Development; 

20 (iii) the Secretary of Education; 

21 (iv) the Secretary of Labor; 

22 (v) the Secretary of Health and 

23 Human Services; 

24 (vi) the Secretary of Veterans Affairs; 

25 (vii) the Secretary of the Interior; 


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1 (viii) the Commission; 

2 (ix) the Federal Trade Commission; 

3 (x) the Director of the Institute of 

4 Museum and Library Services; 

5 (xi) the Administrator of the Small 

6 Business Administration; 

7 (xii) the Federal Co-Chair of the Ap8 palachian Regional Commission; and 

9 (xiii) the head of any other agency 

10 that the Assistant Secretary determines to 

11 be appropriate; and 

12 (B) ensure that the Program complements 

13 and enhances, and does not conflict with, other 

14 Federal broadband initiatives and programs. 

15 (b) ADMINISTERING ENTITY.— 

16 (1) SELECTION; FUNCTION.—The governor (or 

17 equivalent official) of a State that wishes to be 

18 awarded a grant under this section shall, from 

19 among entities that are eligible under paragraph (2), 

20 select an administering entity for that State, which 

21 shall— 

22 (A) serve as the recipient of, and admin23 istering agent for, any grant awarded to the 

24 State under this section; 


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1 (B) develop, implement, and oversee the 

2 State Digital Equity Plan for the State de3 scribed in subsection (c); 

4 (C) make subgrants to any entity described 

5 in subsection (c)(1)(D) that is located in the 

6 State in support of— 

7 (i) the State Digital Equity Plan for 

8 the State; and 

9 (ii) digital inclusion activities in the 

10 State generally; and 

11 (D) serve as— 

12 (i) an advocate for digital equity pol13 icy and digital inclusion activities; and 

14 (ii) a repository of best practice mate15 rials regarding the policies and activities 

16 described in clause (i). 

17 (2) ELIGIBLE ENTITIES.—Any of the following 

18 entities may serve as the administering entity for a 

19 State for the purposes of this section if the entity 

20 has demonstrated a capacity to administer the Pro21 gram on a statewide level: 

22 (A) The State, a political subdivision, 

23 agency, or instrumentality of the State, an In24 dian Tribe located in the State, an Alaska NaVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 tive entity located in the State, or a Native Ha2 waiian organization located in the State. 

3 (B) A foundation, corporation, institution, 

4 association, or coalition that is— 

5 (i) a not-for-profit entity; 

6 (ii) located in the State; and 

7 (iii) not a school. 

8 (C) A community anchor institution, other 

9 than a school, that is located in the State. 

10 (D) A local educational agency that is lo11 cated in the State. 

12 (E) An entity located in the State that car13 ries out a workforce development program. 

14 (F) An agency of the State that is respon15 sible for administering or supervising adult edu16 cation and literacy activities in the State. 

17 (G) A public housing authority that is lo18 cated in the State. 

19 (H) A partnership between any of the enti20 ties described in subparagraphs (A) through 

21 (G). 

22 (c) STATE DIGITAL EQUITY PLAN.— 

23 (1) DEVELOPMENT; CONTENTS.—A State that 

24 wishes to be awarded a grant under subsection (d) 


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1 shall develop a State Digital Equity Plan for the 

2 State, which shall include— 

3 (A) the identification of the barriers to dig4 ital equity faced by covered populations in the 

5 State; 

6 (B) measurable objectives for documenting 

7 and promoting, among each group described in 

8 subparagraphs (A) through (H) of section 

9 5142(7) located in that State— 

10 (i) the availability of, and affordability 

11 of access to, fixed and wireless broadband 

12 technology; 

13 (ii) the online accessibility and 

14 inclusivity of public resources and services; 

15 (iii) digital literacy; 

16 (iv) awareness of, and the use of, 

17 measures to secure the online privacy of, 

18 and cybersecurity with respect to, an indi19 vidual; and 

20 (v) the availability and affordability of 

21 consumer devices and technical support for 

22 those devices; 

23 (C) an assessment of how the objectives 

24 described in subparagraph (B) will impact and 

25 interact with the State’s— 


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1 (i) economic and workforce develop2 ment goals, plans, and outcomes; 

3 (ii) educational outcomes; 

4 (iii) health outcomes; 

5 (iv) civic and social engagement; and 

6 (v) delivery of other essential services; 

7 (D) in order to achieve the objectives de8 scribed in subparagraph (B), a description of 

9 how the State plans to collaborate with key 

10 stakeholders in the State, which may include— 

11 (i) community anchor institutions; 

12 (ii) county and municipal govern13 ments; 

14 (iii) local educational agencies; 

15 (iv) where applicable, Indian Tribes, 

16 Alaska Native entities, or Native Hawaiian 

17 organizations; 

18 (v) nonprofit organizations; 

19 (vi) organizations that represent— 

20 (I) individuals with disabilities, 

21 including organizations that represent 

22 children with disabilities; 

23 (II) aging individuals; 

24 (III) individuals with language 

25 barriers, including— 


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1 (aa) individuals who are 

2 English learners; and 

3 (bb) individuals who have 

4 low levels of literacy; 

5 (IV) veterans; and 

6 (V) individuals in that State who 

7 are incarcerated in facilities other 

8 than Federal correctional facilities; 

9 (vii) civil rights organizations; 

10 (viii) entities that carry out workforce 

11 development programs; 

12 (ix) agencies of the State that are re13 sponsible for administering or supervising 

14 adult education and literacy activities in 

15 the State; 

16 (x) public housing authorities in the 

17 State; and 

18 (xi) a partnership between any of the 

19 entities described in clauses (i) through 

20 (x); and 

21 (E) a list of organizations with which the 

22 administering entity for the State collaborated 

23 in developing and implementing the Plan. 

24 (2) PUBLIC AVAILABILITY.— 


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1 (A) IN GENERAL.—The administering enti2 ty for a State shall make the State Digital Eq3 uity Plan of the State available for public com4 ment for a period of not less than 30 days be5 fore the date on which the State submits an ap6 plication to the Assistant Secretary under sub7 section (d)(2). 

8 (B) CONSIDERATION OF COMMENTS RE9 CEIVED.—The administering entity for a State 

10 shall, with respect to an application submitted 

11 to the Assistant Secretary under subsection 

12 (d)(2)— 

13 (i) before submitting the application— 

14 (I) consider all comments re15 ceived during the comment period de16 scribed in subparagraph (A) with re17 spect to the application (referred to in 

18 this subparagraph as the ‘‘comment 

19 period’’); and 

20 (II) make any changes to the 

21 plan that the administering entity de22 termines to be worthwhile; and 

23 (ii) when submitting the application— 

24 (I) describe any changes pursued 

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1 sponse to comments received during 

2 the comment period; and 

3 (II) include a written response to 

4 each comment received during the 

5 comment period. 

6 (3) PLANNING GRANTS.— 

7 (A) IN GENERAL.—Beginning in the first 

8 fiscal year that begins after the date of enact9 ment of this Act, the Assistant Secretary shall, 

10 in accordance with the requirements of this 

11 paragraph, award planning grants to States for 

12 the purpose of developing the State Digital Eq13 uity Plans of those States under this sub14 section. 

15 (B) ELIGIBILITY.—In order to be awarded 

16 a planning grant under this paragraph, a 

17 State— 

18 (i) shall submit to the Assistant Sec19 retary an application under subparagraph 

20 (C); and 

21 (ii) may not have been awarded, at 

22 any time, a planning grant under this 

23 paragraph. 

24 (C) APPLICATION.—A State that wishes to 

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1 graph shall, not later than 60 days after the 

2 date on which the notice of funding availability 

3 with respect to the grant is released, submit to 

4 the Assistant Secretary an application, in a for5 mat to be determined by the Assistant Sec6 retary, that contains the following materials: 

7 (i) A description of the entity selected 

8 to serve as the administering entity for the 

9 State, as described in subsection (b). 

10 (ii) A certification from the State 

11 that, not later than 1 year after the date 

12 on which the Assistant Secretary awards 

13 the planning grant to the State, the ad14 ministering entity for that State shall de15 velop a State Digital Equity Plan under 

16 this subsection, which— 

17 (I) the administering entity shall 

18 submit to the Assistant Secretary; and 

19 (II) shall comply with the re20 quirements of this subsection, includ21 ing the requirement under paragraph 

22 (2)(B). 

23 (iii) The assurances required under 

24 subsection (e). 

25 (D) AWARDS.— 


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1 (i) AMOUNT OF GRANT.—A planning 

2 grant awarded to an eligible State under 

3 this paragraph shall be determined accord4 ing to the formula under subsection 

5 (d)(3)(A)(i). 

6 (ii) DURATION.— 

7 (I) IN GENERAL.—Except as pro8 vided in subclause (II), with respect to 

9 a planning grant awarded to an eligi10 ble State under this paragraph, the 

11 State shall expend the grant funds 

12 during the 1-year period beginning on 

13 the date on which the State is award14 ed the grant funds. 

15 (II) EXCEPTION.—The Assistant 

16 Secretary may grant an extension of 

17 not longer than 180 days with respect 

18 to the requirement under subclause 

19 (I). 

20 (iii) CHALLENGE MECHANISM.—The 

21 Assistant Secretary shall ensure that any 

22 eligible State to which a planning grant is 

23 awarded under this paragraph may appeal 

24 or otherwise challenge in a timely fashion 


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1 the amount of the grant awarded to the 

2 State, as determined under clause (i). 

3 (E) USE OF FUNDS.—An eligible State to 

4 which a planning grant is awarded under this 

5 paragraph shall, through the administering en6 tity for that State, use the grant funds only for 

7 the following purposes: 

8 (i) To develop the State Digital Eq9 uity Plan of the State under this sub10 section. 

11 (ii)(I) Subject to subclause (II), to 

12 make subgrants to any of the entities de13 scribed in paragraph (1)(D) to assist in 

14 the development of the State Digital Eq15 uity Plan of the State under this sub16 section. 

17 (II) If the administering entity for a 

18 State makes a subgrant described in sub19 clause (I), the administering entity shall, 

20 with respect to the subgrant, provide to the 

21 State the assurances required under sub22 section (e). 

23 (d) STATE CAPACITY GRANTS.— 

24 (1) IN GENERAL.—Beginning not later than 2 

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1 retary begins awarding planning grants under sub2 section (c)(3), the Assistant Secretary shall each 

3 year award grants to eligible States to support— 

4 (A) the implementation of the State Dig5 ital Equity Plans of those States; and 

6 (B) digital inclusion activities in those 

7 States. 

8 (2) APPLICATION.—A State that wishes to be 

9 awarded a grant under this subsection shall, not 

10 later than 60 days after the date on which the notice 

11 of funding availability with respect to the grant is 

12 released, submit to the Assistant Secretary an appli13 cation, in a format to be determined by the Assist14 ant Secretary, that contains the following materials: 

15 (A) A description of the entity selected to 

16 serve as the administering entity for the State, 

17 as described in subsection (b). 

18 (B) The State Digital Equity Plan of that 

19 State, as described in subsection (c). 

20 (C) A certification that the State, acting 

21 through the administering entity for the State, 

22 shall— 

23 (i) implement the State Digital Equity 

24 Plan of the State; and 


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1 (ii) make grants in a manner that is 

2 consistent with the aims of the Plan de3 scribed in clause (i). 

4 (D) The assurances required under sub5 section (e). 

6 (E) In the case of a State to which the As7 sistant Secretary has previously awarded a 

8 grant under this subsection, any amendments 

9 to the State Digital Equity Plan of that State, 

10 as compared with the State Digital Equity Plan 

11 of the State previously submitted. 

12 (3) AWARDS.— 

13 (A) AMOUNT OF GRANT.— 

14 (i) FORMULA.—Subject to clauses (ii), 

15 (iii), and (iv), the Assistant Secretary shall 

16 calculate the amount of a grant awarded to 

17 an eligible State under this subsection in 

18 accordance with the following criteria, 

19 using the best available data for all States 

20 for the fiscal year in which the grant is 

21 awarded: 

22 (I) 50 percent of the total grant 

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1 tion to the total population of all eligi2 ble States. 

3 (II) 25 percent of the total grant 

4 amount shall be based on the number 

5 of individuals in the eligible State who 

6 are covered populations in proportion 

7 to the total number of individuals in 

8 all eligible States who are covered 

9 populations. 

10 (III) 25 percent of the total 

11 grant amount shall be based on the 

12 comparative lack of availability and 

13 adoption of broadband in the eligible 

14 State in proportion to the lack of 

15 availability and adoption of broadband 

16 of all eligible States, which shall be 

17 determined according to data collected 

18 from— 

19 (aa) the annual inquiry of 

20 the Commission conducted under 

21 section 706(b) of the Tele22 communications Act of 1996 (47 

23 U.S.C. 1302(b)); 

24 (bb) the American Commu25 nity Survey or, if necessary, 


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1 other data collected by the Bu2 reau of the Census; 

3 (cc) the Internet and Com4 puter Use Supplement to the 

5 Current Population Survey of the 

6 Bureau of the Census; and 

7 (dd) any other source that 

8 the Assistant Secretary, after ap9 propriate notice and opportunity 

10 for public comment, determines 

11 to be appropriate. 

12 (ii) MINIMUM AWARD.—The amount 

13 of a grant awarded to an eligible State 

14 under this subsection in a fiscal year shall 

15 be not less than 0.5 percent of the total 

16 amount made available to award grants to 

17 eligible States for that fiscal year. 

18 (iii) ADDITIONAL AMOUNTS.—If, after 

19 awarding planning grants to States under 

20 subsection (c)(3) and capacity grants to el21 igible States under this subsection in a fis22 cal year, there are amounts remaining to 

23 carry out this section, the Assistant Sec24 retary shall distribute those amounts— 


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1 (I) to eligible States to which the 

2 Assistant Secretary has awarded 

3 grants under this subsection for that 

4 fiscal year; and 

5 (II) in accordance with the for6 mula described in clause (i). 

7 (iv) DATA UNAVAILABLE.—If, in a fis8 cal year, the Commonwealth of Puerto 

9 Rico (referred to in this clause as ‘‘Puerto 

10 Rico’’) is an eligible State and specific data 

11 for Puerto Rico is unavailable for a factor 

12 described in subclause (I), (II), or (II) of 

13 clause (i), the Assistant Secretary shall use 

14 the median data point with respect to that 

15 factor among all eligible States and assign 

16 it to Puerto Rico for the purposes of mak17 ing any calculation under that clause for 

18 that fiscal year. 

19 (B) DURATION.—With respect to a grant 

20 awarded to an eligible State under this sub21 section, the eligible State shall expend the grant 

22 funds during the 5-year period beginning on the 

23 date on which the eligible State is awarded the 

24 grant funds. 


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1 (C) CHALLENGE MECHANISM.—The As2 sistant Secretary shall ensure that any eligible 

3 State to which a grant is awarded under this 

4 subsection may appeal or otherwise challenge in 

5 a timely fashion the amount of the grant 

6 awarded to the State, as determined under sub7 paragraph (A). 

8 (D) USE OF FUNDS.—The administering 

9 entity for an eligible State to which a grant is 

10 awarded under this subsection shall use the 

11 grant amounts for the following purposes: 

12 (i)(I) Subject to subclause (II), to up13 date or maintain the State Digital Equity 

14 Plan of the State. 

15 (II) An administering entity for an el16 igible State to which a grant is awarded 

17 under this subsection may use not more 

18 than 20 percent of the amount of the 

19 grant for the purpose described in sub20 clause (I). 

21 (ii) To implement the State Digital 

22 Equity Plan of the State. 

23 (iii)(I) Subject to subclause (II), to 

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1 scribed in section 5145(b) and is located in 

2 the eligible State in order to— 

3 (aa) assist in the implementation 

4 of the State Digital Equity Plan of 

5 the State; 

6 (bb) pursue digital inclusion ac7 tivities in the State consistent with 

8 the State Digital Equity Plan of the 

9 State; and 

10 (cc) report to the State regarding 

11 the digital inclusion activities of the 

12 entity. 

13 (II) Before an administering entity 

14 for an eligible State may award a grant 

15 under subclause (I), the administering en16 tity shall require the entity to which the 

17 grant is awarded to certify that— 

18 (aa) the entity shall carry out the 

19 activities required under items (aa), 

20 (bb), and (cc) of that subclause; 

21 (bb) the receipt of the grant shall 

22 not result in unjust enrichment of the 

23 entity; and 

24 (cc) the entity shall cooperate 

25 with any evaluation— 


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1 (AA) of any program that 

2 relates to a grant awarded to the 

3 entity; and 

4 (BB) that is carried out by 

5 or for the administering entity, 

6 the Assistant Secretary, or an7 other Federal official. 

8 (iv)(I) Subject to subclause (II), to 

9 evaluate the efficacy of the efforts funded 

10 by grants made under clause (iii). 

11 (II) An administering entity for an el12 igible State to which a grant is awarded 

13 under this subsection may use not more 

14 than 5 percent of the amount of the grant 

15 for a purpose described in subclause (I). 

16 (v)(I) Subject to subclause (II), for 

17 the administrative costs incurred in car18 rying out the activities described in clauses 

19 (i) through (iv). 

20 (II) An administering entity for an el21 igible State to which a grant is awarded 

22 under this subsection may use not more 

23 than 3 percent of the amount of the grant 

24 for a purpose described in subclause (I). 


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1 (e) ASSURANCES.—When applying for a grant under 

2 this section, a State shall include in the application for 

3 that grant assurances that— 

4 (1) if an entity described in section 5145(b) is 

5 awarded grant funds under this section (referred to 

6 in this subsection as a ‘‘covered recipient’’), provide 

7 that— 

8 (A) the covered recipient shall use the 

9 grant funds in accordance with any applicable 

10 statute, regulation, and application procedure; 

11 (B) the administering entity for that State 

12 shall adopt and use proper methods of admin13 istering any grant that the covered recipient is 

14 awarded, including by— 

15 (i) enforcing any obligation imposed 

16 under law on any agency, institution, orga17 nization, or other entity that is responsible 

18 for carrying out the program to which the 

19 grant relates; 

20 (ii) correcting any deficiency in the 

21 operation of a program to which the grant 

22 relates, as identified through an audit or 

23 another monitoring or evaluation proce24 dure; and 


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1 (iii) adopting written procedures for 

2 the receipt and resolution of complaints al3 leging a violation of law with respect to a 

4 program to which the grant relates; and 

5 (C) the administering entity for that State 

6 shall cooperate in carrying out any evaluation— 

7 (i) of any program that relates to a 

8 grant awarded to the covered recipient; 

9 and 

10 (ii) that is carried out by or for the 

11 Assistant Secretary or another Federal of12 ficial; 

13 (2) the administering entity for that State 

14 shall— 

15 (A) use fiscal control and fund accounting 

16 procedures that ensure the proper disbursement 

17 of, and accounting for, any Federal funds that 

18 the State is awarded under this section; 

19 (B) submit to the Assistant Secretary any 

20 reports that may be necessary to enable the As21 sistant Secretary to perform the duties of the 

22 Assistant Secretary under this section; 

23 (C) maintain any records and provide any 

24 information to the Assistant Secretary, includ25 ing those records, that the Assistant Secretary 


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•S 5065 IS

1 determines is necessary to enable the Assistant 

2 Secretary to perform the duties of the Assistant 

3 Secretary under this section; and 

4 (D) with respect to any significant pro5 posed change or amendment to the State Dig6 ital Equity Plan for the State, make the change 

7 or amendment available for public comment in 

8 accordance with subsection (c)(2); and 

9 (3) the State, before submitting to the Assist10 ant Secretary the State Digital Equity Plan of the 

11 State, has complied with the requirements of sub12 section (c)(2). 

13 (f) TERMINATION OF GRANT.— 

14 (1) IN GENERAL.—The Assistant Secretary 

15 shall terminate a grant awarded to an eligible State 

16 under this section if, after notice to the State and 

17 opportunity for a hearing, the Assistant Secretary— 

18 (A) presents to the State a rationale and 

19 supporting information that clearly dem20 onstrates that— 

21 (i) the grant funds are not contrib22 uting to the development or execution of 

23 the State Digital Equity Plan of the State, 

24 as applicable; and 


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•S 5065 IS

1 (ii) the State is not upholding assur2 ances made by the State to the Assistant 

3 Secretary under subsection (e); and 

4 (B) determines that the grant is no longer 

5 necessary to achieve the original purpose for 

6 which Assistant Secretary awarded the grant. 

7 (2) REDISTRIBUTION.—If the Assistant Sec8 retary, in a fiscal year, terminates a grant under 

9 paragraph (1), the Assistant Secretary shall redis10 tribute the unspent grant amounts— 

11 (A) to eligible States to which the Assist12 ant Secretary has awarded grants under sub13 section (d) for that fiscal year; and 

14 (B) in accordance with the formula de15 scribed in subsection (d)(3)(A)(i). 

16 (g) REPORTING AND INFORMATION REQUIREMENTS; 

17 INTERNET DISCLOSURE.—The Assistant Secretary— 

18 (1) shall— 

19 (A) require any entity to which a grant, in20 cluding a subgrant, is awarded under this sec21 tion to publicly report, for each year during the 

22 period described in subsection (c)(3)(D)(ii) or 

23 (d)(3)(B), as applicable, with respect to the 

24 grant, and in a format specified by the Assist25 ant Secretary, on— 


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•S 5065 IS

1 (i) the use of that grant by the entity; 

2 (ii) the progress of the entity towards 

3 fulfilling the objectives for which the grant 

4 was awarded; and 

5 (iii) the implementation of the State 

6 Digital Equity Plan of the State; 

7 (B) establish appropriate mechanisms to 

8 ensure that each eligible State to which a grant 

9 is awarded under this section— 

10 (i) uses the grant amounts in an ap11 propriate manner; and 

12 (ii) complies with all terms with re13 spect to the use of the grant amounts; and 

14 (C) create and maintain a fully searchable 

15 database, which shall be accessible on the inter16 net at no cost to the public, that contains, at 

17 a minimum— 

18 (i) the application of each State that 

19 has applied for a grant under this section; 

20 (ii) the status of each application de21 scribed in clause (i); 

22 (iii) each report submitted by an enti23 ty under subparagraph (A); 

24 (iv) a record of public comments made 

25 regarding the State Digital Equity Plan of 


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•S 5065 IS

1 a State, as well as any written responses to 

2 or actions taken in as a result of those 

3 comments; and 

4 (v) any other information that is suf5 ficient to allow the public to understand 

6 and monitor grants awarded under this 

7 section; and 

8 (2) may establish additional reporting and in9 formation requirements for any recipient of a grant 

10 under this section. 

11 (h) SUPPLEMENT NOT SUPPLANT.—A grant or 

12 subgrant awarded under this section shall supplement, not 

13 supplant, other Federal or State funds that have been 

14 made available to carry out activities described in this sec15 tion. 

16 (i) SET ASIDES.—From amounts made available in 

17 a fiscal year to carry out the Program, the Assistant Sec18 retary shall reserve— 

19 (1) not more than 5 percent for the implemen20 tation and administration of the Program, which 

21 shall include— 

22 (A) providing technical support and assist23 ance, including ensuring consistency in data re24 porting; 

25 (B) providing assistance to— 


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•S 5065 IS

1 (i) States, or administering entities 

2 for States, to prepare the applications of 

3 those States; and 

4 (ii) administering entities with respect 

5 to grants awarded under this section; and 

6 (C) developing the report required under 

7 section 5146(a); 

8 (2) not less than 5 percent to award grants to, 

9 or enter into contracts or cooperative agreements 

10 with, Indian Tribes, Alaska Native entities, and Na11 tive Hawaiian organizations to allow those tribes, 

12 entities, and organizations to carry out the activities 

13 described in this section; and 

14 (3) not less than 1 percent to award grants to, 

15 or enter into contracts or cooperative agreements 

16 with, the United States Virgin Islands, Guam, 

17 American Samoa, the Commonwealth of the North18 ern Mariana Islands, and any other territory or pos19 session of the United States that is not a State to 

20 enable those entities to carry out the activities de21 scribed in this section. 

22 (j) RULES.—The Assistant Secretary may prescribe 

23 such rules as may be necessary to carry out this section. 

24 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated— 


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•S 5065 IS

1 (1) $120,000,000 for the award of grants under 

2 subsection (c)(3), which shall remain available until 

3 expended; 

4 (2) for each of the first 5 fiscal years in which 

5 amounts are made available to award grants under 

6 subsection (d), $250,000,000 for the award of those 

7 grants; and 

8 (3) such sums as may be necessary to carry out 

9 this section for each fiscal year after the end of the 

10 5-fiscal year period described in paragraph (2). 

11 SEC. 5145. DIGITAL EQUITY COMPETITIVE GRANT PRO12 GRAM. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the date on which the Assistant Secretary begins 

16 awarding grants under section 5144(d), and not be17 fore that date, the Assistant Secretary shall estab18 lish in the Department of Commerce the Digital Eq19 uity Competitive Grant Program (referred to in this 

20 section as the ‘‘Program’’), the purpose of which is 

21 to award grants to support efforts to achieve digital 

22 equity, promote digital inclusion activities, and spur 

23 greater adoption of broadband among covered popu24 lations. 


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•S 5065 IS

1 (2) CONSULTATION; NO CONFLICT.—In estab2 lishing the Program under paragraph (1), the As3 sistant Secretary— 

4 (A) may consult a State with respect to— 

5 (i) the identification of groups de6 scribed in subparagraphs (A) through (H) 

7 of section 5142(7) located in that State; 

8 and 

9 (ii) the allocation of grant funds with10 in that State for projects in or affecting 

11 the State; and 

12 (B) shall— 

13 (i) consult with— 

14 (I) the Secretary of Agriculture; 

15 (II) the Secretary of Housing 

16 and Urban Development; 

17 (III) the Secretary of Education; 

18 (IV) the Secretary of Labor; 

19 (V) the Secretary of Health and 

20 Human Services; 

21 (VI) the Secretary of Veterans 

22 Affairs; 

23 (VII) the Secretary of the Inte24 rior; 

25 (VIII) the Commission; 


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•S 5065 IS

1 (IX) the Federal Trade Commis2 sion; 

3 (X) the Director of the Institute 

4 of Museum and Library Services; 

5 (XI) the Administrator of the 

6 Small Business Administration; 

7 (XII) the Federal Co-Chair of 

8 the Appalachian Regional Commis9 sion; and 

10 (XIII) the head of any other 

11 agency that the Assistant Secretary 

12 determines to be appropriate; and 

13 (ii) ensure that the Program com14 plements and enhances, and does not con15 flict with, other Federal broadband initia16 tives and programs. 

17 (b) ELIGIBILITY.—The Assistant Secretary may 

18 award a grant under the Program to any of the following 

19 entities if the entity is not serving, and has not served, 

20 as the administering entity for a State under section 

21 5144(b): 

22 (1) A political subdivision, agency, or instru23 mentality of a State, including an agency of a State 

24 that is responsible for administering or supervising 

25 adult education and literacy activities in the State. 


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•S 5065 IS

1 (2) An Indian Tribe, an Alaska Native entity, 

2 or a Native Hawaiian organization. 

3 (3) A foundation, corporation, institution, or 

4 association that is— 

5 (A) a not-for-profit entity; and 

6 (B) not a school. 

7 (4) A community anchor institution. 

8 (5) A local educational agency. 

9 (6) An entity that carries out a workforce devel10 opment program. 

11 (7) A partnership between any of the entities 

12 described in paragraphs (1) through (6). 

13 (8) A partnership between— 

14 (A) an entity described in any of para15 graphs (1) through (6); and 

16 (B) an entity that— 

17 (i) the Assistant Secretary, by rule, 

18 determines to be in the public interest; and 

19 (ii) is not a school. 

20 (c) APPLICATION.—An entity that wishes to be 

21 awarded a grant under the Program shall submit to the 

22 Assistant Secretary an application— 

23 (1) at such time, in such form, and containing 

24 such information as the Assistant Secretary may re25 quire; and 


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•S 5065 IS

1 (2) that— 

2 (A) provides a detailed explanation of how 

3 the entity will use any grant amounts awarded 

4 under the Program to carry out the purposes of 

5 the Program in an efficient and expeditious 

6 manner; 

7 (B) identifies the period in which the ap8 plicant will expend the grant funds awarded 

9 under the Program; 

10 (C) includes— 

11 (i) a justification for the amount of 

12 the grant that the applicant is requesting; 

13 and 

14 (ii) for each fiscal year in which the 

15 applicant will expend the grant funds, a 

16 budget for the activities that the grant 

17 funds will support; 

18 (D) demonstrates to the satisfaction of the 

19 Assistant Secretary that the entity— 

20 (i) is capable of carrying out— 

21 (I) the project or function to 

22 which the application relates; and 

23 (II) the activities described in 

24 subsection (h)— 


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•S 5065 IS

1 (aa) in a competent manner; 

2 and 

3 (bb) in compliance with all 

4 applicable Federal, State, and 

5 local laws; and 

6 (ii) if the applicant is an entity de7 scribed in subsection (b)(1), shall appro8 priate or otherwise unconditionally obligate 

9 from non-Federal sources funds that are 

10 necessary to meet the requirements of sub11 section (e); 

12 (E) discloses to the Assistant Secretary the 

13 source and amount of other Federal, State, or 

14 outside funding sources from which the entity 

15 receives, or has applied for, funding for activi16 ties or projects to which the application relates; 

17 and 

18 (F) provides— 

19 (i) the assurances that are required 

20 under subsection (f); and 

21 (ii) an assurance that the entity shall 

22 follow such additional procedures as the 

23 Assistant Secretary may require to ensure 

24 that grant funds are used and accounted 

25 for in an appropriate manner. 


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•S 5065 IS

1 (d) AWARD OF GRANTS.— 

2 (1) FACTORS CONSIDERED IN AWARD OF

3 GRANTS.—In deciding whether to award a grant 

4 under the Program, the Assistant Secretary shall, to 

5 the extent practicable, consider— 

6 (A) whether— 

7 (i) an application shall, if approved— 

8 (I) increase internet access and 

9 the adoption of broadband among cov10 ered populations to be served by the 

11 applicant; and 

12 (II) not result in unjust enrich13 ment; and 

14 (ii) the applicant is, or plans to sub15 contract with, a socially and economically 

16 disadvantaged small business concern; 

17 (B) the comparative geographic diversity of 

18 the application in relation to other eligible ap19 plications; and 

20 (C) the extent to which an application may 

21 duplicate or conflict with another program. 

22 (2) USE OF FUNDS.— 

23 (A) IN GENERAL.—In addition to the ac24 tivities required under subparagraph (B), an 

25 entity to which the Assistant Secretary awards 


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1 a grant under the Program shall use the grant 

2 amounts to support not less than one of the fol3 lowing activities: 

4 (i) To develop and implement digital 

5 inclusion activities that benefit covered 

6 populations. 

7 (ii) To facilitate the adoption of 

8 broadband by covered populations in order 

9 to provide educational and employment op10 portunities to those populations. 

11 (iii) To implement, consistent with the 

12 purposes of this chapter— 

13 (I) training programs for covered 

14 populations that cover basic, ad15 vanced, and applied skills; or 

16 (II) other workforce development 

17 programs. 

18 (iv) To make available equipment, in19 strumentation, networking capability, hard20 ware and software, or digital network tech21 nology for broadband services to covered 

22 populations at low or no cost. 

23 (v) To construct, upgrade, expend, or 

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1 puting centers for covered populations 

2 through community anchor institutions. 

3 (vi) To undertake any other project 

4 and activity that the Assistant Secretary 

5 finds to be consistent with the purposes for 

6 which the Program is established. 

7 (B) EVALUATION.— 

8 (i) IN GENERAL.—An entity to which 

9 the Assistant Secretary awards a grant 

10 under the Program shall use not more 

11 than 10 percent of the grant amounts to 

12 measure and evaluate the activities sup13 ported with the grant amounts. 

14 (ii) SUBMISSION TO ASSISTANT SEC15 RETARY.—An entity to which the Assistant 

16 Secretary awards a grant under the Pro17 gram shall submit to the Assistant Sec18 retary each measurement and evaluation 

19 performed under clause (i)— 

20 (I) in a manner specified by the 

21 Assistant Secretary; 

22 (II) not later than 15 months 

23 after the date on which the entity is 

24 awarded the grant amounts; and 


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1 (III) annually after the submis2 sion described in subclause (II) for 

3 any year in which the entity expends 

4 grant amounts. 

5 (C) ADMINISTRATIVE COSTS.—An entity to 

6 which the Assistant Secretary awards a grant 

7 under the Program may use not more than 10 

8 percent of the amount of the grant for adminis9 trative costs in carrying out any of the activities 

10 described in subparagraph (A). 

11 (D) TIME LIMITATIONS.—With respect to 

12 a grant awarded to an entity under the Pro13 gram, the entity— 

14 (i) except as provided in clause (ii), 

15 shall expend the grant amounts during the 

16 4-year period beginning on the date on 

17 which the entity is awarded the grant 

18 amounts; and 

19 (ii) during the 1-year period beginning 

20 on the date that is 4 years after the date 

21 on which the entity is awarded the grant 

22 amounts, may continue to measure and 

23 evaluate the activities supported with the 

24 grant amounts, as required under subpara25 graph (B). 


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1 (e) FEDERAL SHARE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the Federal share of any project for 

4 which the Assistant Secretary awards a grant under 

5 the Program may not exceed 90 percent. 

6 (2) EXCEPTION.—The Assistant Secretary may 

7 grant a waiver with respect to the limitation on the 

8 Federal share of a project described in paragraph 

9 (1) if— 

10 (A) the applicant with respect to the 

11 project petitions the Assistant Secretary for the 

12 waiver; and 

13 (B) the Assistant Secretary determines 

14 that the petition described in subparagraph (A) 

15 demonstrates financial need. 

16 (f) ASSURANCES.—When applying for a grant under 

17 this section, an entity shall include in the application for 

18 that grant assurances that the entity shall— 

19 (1) use any grant funds that the entity is 

20 awarded— 

21 (A) in accordance with any applicable stat22 ute, regulation, and application procedure; and 

23 (B) to the extent required under applicable 

24 law; 


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1 (2) adopt and use proper methods of admin2 istering any grant that the entity is awarded, includ3 ing by— 

4 (A) enforcing any obligation imposed under 

5 law on any agency, institution, organization, or 

6 other entity that is responsible for carrying out 

7 a program to which the grant relates; 

8 (B) correcting any deficiency in the oper9 ation of a program to which the grant relates, 

10 as identified through an audit or another moni11 toring or evaluation procedure; and 

12 (C) adopting written procedures for the re13 ceipt and resolution of complaints alleging a 

14 violation of law with respect to a program to 

15 which the grant relates; 

16 (3) cooperate with respect to any evaluation— 

17 (A) of any program that relates to a grant 

18 awarded to the entity; and 

19 (B) that is carried out by or for the Assist20 ant Secretary or another Federal official; 

21 (4) use fiscal control and fund accounting pro22 cedures that ensure the proper disbursement of, and 

23 accounting for, any Federal funds that the entity is 

24 awarded under the Program; 


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1 (5) submit to the Assistant Secretary any re2 ports that may be necessary to enable the Assistant 

3 Secretary to perform the duties of the Assistant Sec4 retary under the Program; and 

5 (6) maintain any records and provide any infor6 mation to the Assistant Secretary, including those 

7 records, that the Assistant Secretary determines is 

8 necessary to enable the Assistant Secretary to per9 form the duties of the Assistant Secretary under the 

10 Program. 

11 (g) DEOBLIGATION OR TERMINATION OF GRANT.— 

12 In addition to other authority under applicable law, the 

13 Assistant Secretary may— 

14 (1) deobligate or terminate a grant awarded to 

15 an entity under this section if, after notice to the en16 tity and opportunity for a hearing, the Assistant 

17 Secretary— 

18 (A) presents to the entity a rationale and 

19 supporting information that clearly dem20 onstrates that— 

21 (i) the grant funds are not being used 

22 in a manner that is consistent with the ap23 plication with respect to the grant sub24 mitted by the entity under subsection (c); 

25 and 


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1 (ii) the entity is not upholding assur2 ances made by the entity to the Assistant 

3 Secretary under subsection (f); and 

4 (B) determines that the grant is no longer 

5 necessary to achieve the original purpose for 

6 which Assistant Secretary awarded the grant; 

7 and 

8 (2) with respect to any grant funds that the As9 sistant Secretary deobligates or terminates under 

10 paragraph (1), competitively award the grant funds 

11 to another applicant, consistent with the require12 ments of this section. 

13 (h) REPORTING AND INFORMATION REQUIREMENTS; 

14 INTERNET DISCLOSURE.—The Assistant Secretary— 

15 (1) shall— 

16 (A) require any entity to which the Assist17 ant Secretary awards a grant under the Pro18 gram to, for each year during the period de19 scribed in subsection (d)(2)(D) with respect to 

20 the grant, submit to the Assistant Secretary a 

21 report, in a format specified by the Assistant 

22 Secretary, regarding— 

23 (i) the amount of the grant; 

24 (ii) the use by the entity of the grant 

25 amounts; and 


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1 (iii) the progress of the entity towards 

2 fulfilling the objectives for which the grant 

3 was awarded; 

4 (B) establish mechanisms to ensure appro5 priate use of, and compliance with respect to all 

6 terms regarding, grant funds awarded under 

7 the Program; 

8 (C) create and maintain a fully searchable 

9 database, which shall be accessible on the inter10 net at no cost to the public, that contains, at 

11 a minimum— 

12 (i) a list of each entity that has ap13 plied for a grant under the Program; 

14 (ii) a description of each application 

15 described in clause (i), including the pro16 posed purpose of each grant described in 

17 that clause; 

18 (iii) the status of each application de19 scribed in clause (i), including whether the 

20 Assistant Secretary has awarded a grant 

21 with respect to the application and, if so, 

22 the amount of the grant; 

23 (iv) each report submitted by an enti24 ty under subparagraph (A); and 


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1 (v) any other information that is suf2 ficient to allow the public to understand 

3 and monitor grants awarded under the 

4 Program; and 

5 (D) ensure that any entity with respect to 

6 which an award is deobligated or terminated 

7 under subsection (g) may, in a timely manner, 

8 appeal or otherwise challenge that deobligation 

9 or termination, as applicable; and 

10 (2) may establish additional reporting and in11 formation requirements for any recipient of a grant 

12 under the Program. 

13 (i) SUPPLEMENT NOT SUPPLANT.—A grant awarded 

14 to an entity under the Program shall supplement, not sup15 plant, other Federal or State funds that have been made 

16 available to the entity to carry out activities described in 

17 this section. 

18 (j) SET ASIDES.—From amounts made available in 

19 a fiscal year to carry out the Program, the Assistant Sec20 retary shall reserve— 

21 (1) 5 percent for the implementation and ad22 ministration of the Program, which shall include— 

23 (A) providing technical support and assist24 ance, including ensuring consistency in data re25 porting; 


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1 (B) providing assistance to entities to pre2 pare the applications of those entities with re3 spect to grants awarded under this section; 

4 (C) developing the report required under 

5 section 5146(a); and 

6 (D) conducting outreach to entities that 

7 may be eligible to be awarded a grant under the 

8 Program regarding opportunities to apply for 

9 such a grant; 

10 (2) 5 percent to award grants to, or enter into 

11 contracts or cooperative agreements with, Indian 

12 Tribes, Alaska Native entities, and Native Hawaiian 

13 organizations to allow those tribes, entities, and or14 ganizations to carry out the activities described in 

15 this section; and 

16 (3) 1 percent to award grants to, or enter into 

17 contracts or cooperative agreements with, the United 

18 States Virgin Islands, Guam, American Samoa, the 

19 Commonwealth of the Northern Mariana Islands, 

20 and any other territory or possession of the United 

21 States that is not a State to enable those entities to 

22 carry out the activities described in this section. 

23 (k) RULES.—The Assistant Secretary may prescribe 

24 such rules as may be necessary to carry out this section. 


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1 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 (1) $250,000,000 for each of the first 5 fiscal 

5 years in which funds are made available to carry out 

6 this section; and 

7 (2) such sums as may be necessary for each fis8 cal year after the end of the 5-fiscal year period de9 scribed in paragraph (1). 

10 SEC. 5146. POLICY RESEARCH, DATA COLLECTION, ANAL11 YSIS AND MODELING, EVALUATION, AND DIS12 SEMINATION. 

13 (a) REPORTING REQUIREMENTS.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date on which the Assistant Secretary begins 

16 awarding grants under section 5144(d)(1), and an17 nually thereafter, the Assistant Secretary shall— 

18 (A) submit to the appropriate committees 

19 of Congress a report that documents, for the 

20 year covered by the report— 

21 (i) the findings of each evaluation 

22 conducted under subparagraph (B); 

23 (ii) a list of each grant awarded under 

24 each covered program, which shall in25 clude— 


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1 (I) the amount of each such 

2 grant; 

3 (II) the recipient of each such 

4 grant; and 

5 (III) the purpose for which each 

6 such grant was awarded; 

7 (iii) any deobligation, termination, or 

8 modification of a grant awarded under the 

9 covered programs, which shall include a 

10 description of the subsequent usage of any 

11 funds to which such an action applies; and 

12 (iv) each challenge made by an appli13 cant for, or a recipient of, a grant under 

14 the covered programs and the outcome of 

15 each such challenge; and 

16 (B) conduct evaluations of the activities 

17 carried out under the covered programs, which 

18 shall include an evaluation of— 

19 (i) whether eligible States to which 

20 grants are awarded under the program es21 tablished under section 5144 are— 

22 (I) abiding by the assurances 

23 made by those States under sub24 section (e) of that section; 


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1 (II) meeting, or have met, the 

2 stated goals of the Digital Equity 

3 Plans developed by the States under 

4 subsection (c) of that section; 

5 (III) satisfying the requirements 

6 imposed by the Assistant Secretary on 

7 those States under subsection (g) of 

8 that section; and 

9 (IV) in compliance with any 

10 other rules, requirements, or regula11 tions promulgated by the Assistant 

12 Secretary in implementing that pro13 gram; and 

14 (ii) whether entities to which grants 

15 are awarded under the program established 

16 under section 5145 are— 

17 (I) abiding by the assurances 

18 made by those entities under sub19 section (f) of that section; 

20 (II) meeting, or have met, the 

21 stated goals of those entities with re22 spect to the use of the grant amounts; 

23 (III) satisfying the requirements 

24 imposed by the Assistant Secretary on 


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1 those States under subsection (h) of 

2 that section; and 

3 (IV) in compliance with any 

4 other rules, requirements, or regula5 tions promulgated by the Assistant 

6 Secretary in implementing that pro7 gram. 

8 (2) PUBLIC AVAILABILITY.—The Assistant Sec9 retary shall make each report submitted under para10 graph (1)(A) publicly available in an online format 

11 that— 

12 (A) facilitates access and ease of use; 

13 (B) is searchable; and 

14 (C) is accessible— 

15 (i) to individuals with disabilities; and 

16 (ii) in languages other than English. 

17 (b) AUTHORITY TO CONTRACT AND ENTER INTO

18 OTHER ARRANGEMENTS.—The Assistant Secretary may 

19 award grants and enter into contracts, cooperative agree20 ments, and other arrangements with Federal agencies, 

21 public and private organizations, and other entities with 

22 expertise that the Assistant Secretary determines appro23 priate in order to— 


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1 (1) evaluate the impact and efficacy of activities 

2 supported by grants awarded under the covered pro3 grams; and 

4 (2) develop, catalog, disseminate, and promote 

5 the exchange of best practices, both with respect to 

6 and independent of the covered programs, in order 

7 to achieve digital equity. 

8 (c) CONSULTATION AND PUBLIC ENGAGEMENT.—In 

9 carrying out subsection (a), and to further the objectives 

10 described in paragraphs (1) and (2) of subsection (b), the 

11 Assistant Secretary shall conduct ongoing collaboration 

12 and consult with— 

13 (1) the Secretary of Agriculture; 

14 (2) the Secretary of Housing and Urban Devel15 opment; 

16 (3) the Secretary of Education; 

17 (4) the Secretary of Labor; 

18 (5) the Secretary of Health and Human Serv19 ices; 

20 (6) the Secretary of Veterans Affairs; 

21 (7) the Secretary of the Interior; 

22 (8) the Commission; 

23 (9) the Federal Trade Commission; 

24 (10) the Director of the Institute of Museum 

25 and Library Services; 


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1 (11) the Administrator of the Small Business 

2 Administration; 

3 (12) the Federal Co-Chair of the Appalachian 

4 Regional Commission; 

5 (13) State agencies and governors of States (or 

6 equivalent officials); 

7 (14) entities serving as administering entities 

8 for States under section 5144(b); 

9 (15) national, State, Tribal, and local organiza10 tions that provide digital inclusion, digital equity, or 

11 digital literacy services; 

12 (16) researchers, academics, and philanthropic 

13 organizations; and 

14 (17) other agencies, organizations (including 

15 international organizations), entities (including enti16 ties with expertise in the fields of data collection, 

17 analysis and modeling, and evaluation), and commu18 nity stakeholders, as determined appropriate by the 

19 Assistant Secretary. 

20 (d) TECHNICAL SUPPORT AND ASSISTANCE.—The 

21 Assistant Secretary shall provide technical support and as22 sistance, assistance to entities to prepare the applications 

23 of those entities with respect to grants awarded under the 

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1 ticable, to ensure consistency in data reporting and to 

2 meet the objectives of this section. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out this section, which shall remain 

6 available until expended. 

7 SEC. 5147. GENERAL PROVISIONS. 

8 (a) NONDISCRIMINATION.— 

9 (1) IN GENERAL.—No individual in the United 

10 States may, on the basis of actual or perceived race, 

11 color, religion, national origin, sex, gender identity, 

12 sexual orientation, age, or disability, be excluded 

13 from participation in, be denied the benefits of, or 

14 be subjected to discrimination under any program or 

15 activity that is funded in whole or in part with funds 

16 made available under this chapter. 

17 (2) ENFORCEMENT.—The Assistant Secretary 

18 shall effectuate paragraph (1) with respect to any 

19 program or activity described in that paragraph by 

20 issuing regulations and taking actions consistent 

21 with section 602 of the Civil Rights Act of 1964 (42 

22 U.S.C. 2000d–1). 

23 (3) JUDICIAL REVIEW.—Judicial review of an 

24 action taken by the Assistant Secretary under para25 graph (2) shall be available to the extent provided in 


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1 section 603 of the Civil Rights Act of 1964 (42 

2 U.S.C. 2000d–2). 

3 (b) TECHNOLOGICAL NEUTRALITY.—The Assistant 

4 Secretary shall, to the extent practicable, carry out this 

5 chapter in a technologically neutral manner. 

6 (c) AUDIT AND OVERSIGHT.—Beginning in the first 

7 fiscal year in which amounts are made available to carry 

8 out an activity authorized under this chapter, and in each 

9 of the 4 fiscal years thereafter, there is authorized to be 

10 appropriated to the Office of Inspector General for the De11 partment of Commerce $1,000,000 for audits and over12 sight of funds made available to carry out this chapter, 

13 which shall remain available until expended. 

14 Subtitle B—Affordable Housing 

15 and Community Investments 

16 and Restoring Fair Housing 

17 Protections 

18 SEC. 5201. AFFORDABLE HOUSING AND COMMUNITY IN19 VESTMENTS AND RESTORING FAIR HOUSING 

20 PROTECTIONS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) CONSOLIDATED PLAN.—The term ‘‘consoli23 dated plan’’ means a comprehensive housing afford24 ability strategy and community development plan reVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 quired under part 91 of title 24, Code of Federal 

2 Regulations, or any successor regulation. 

3 (2) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Housing and Urban De5 velopment. 

6 (3) HIGH-POVERTY AREA.—The term ‘‘high7 poverty area’’ means a census tract with a poverty 

8 rate of not less than 20 percent for the duration of 

9 the 5-year period ending on the date of enactment 

10 of this Act. 

11 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

12 has the meaning given the term in section 4 of the 

13 Native American Housing Assistance and Self-De14 termination Act of 1996 (25 U.S.C. 4103). 

15 (5) PUBLIC HOUSING; PUBLIC HOUSING AGEN16 CY.—The terms ‘‘public housing’’ and ‘‘public hous17 ing agency’’ have the meanings given those terms in 

18 section 3(b) of the United States Housing Act of 

19 1937 (42 U.S.C. 1437a(b)). 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Housing and Urban Development. 

22 (7) TRIBALLY DESIGNATED HOUSING ENTI23 TY.—The term ‘‘tribally designated housing entity’’ 

24 has the meaning given the term in section 4 of the 


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1 Native American Housing Assistance and Self-De2 termination Act of 1996 (25 U.S.C. 4103). 

3 (b) INVESTMENTS IN AFFORDABLE HOUSING, FAIR

4 HOUSING, AND COMMUNITY DEVELOPMENT.— 

5 (1) COMMUNITY DEVELOPMENT BLOCK GRANT

6 PROGRAM.— 

7 (A) APPROPRIATIONS.— 

8 (i) IN GENERAL.—There is appro9 priated to the Secretary, out of amounts in 

10 the Treasury not otherwise appropriated, 

11 $15,000,000,000 for assistance under the 

12 community development block grant pro13 gram under title I of the Housing and 

14 Community Development Act of 1974 (42 

15 U.S.C. 5301 et seq.), to remain available 

16 until September 30, 2024. 

17 (ii) LIMITATIONS.—Not more than 15 

18 percent of any amounts made available 

19 pursuant to clause (i) may be used by a 

20 grantee for administrative and planning 

21 costs, except that up to an additional 5 

22 percent may be used to— 

23 (I) support local initiatives, poli24 cies, programs, and ordinances that 

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1 fordable to households with incomes 

2 at or below 80 percent of area median 

3 income, as defined by the Secretary, 

4 throughout the jurisdiction served by 

5 the grantee; or 

6 (II) support the community en7 gagement and outreach activities re8 quired under subparagraph (E). 

9 (iii) TECHNICAL ASSISTANCE.—Of the 

10 amounts appropriated under clause (i), 

11 $25,000,000 shall be used for technical as12 sistance to grantees of funds made avail13 able under this paragraph to— 

14 (I) support— 

15 (aa) the development of dis16 placement prevention plans under 

17 subparagraph (C) and coordina18 tion plans under subparagraph 

19 (D); and 

20 (bb) the community engage21 ment and outreach activities re22 quired under subparagraph (E); 

23 and 

24 (II) perform fair housing plan25 ning. 


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1 (B) ACTIVITIES DEDICATED TO HIGH-POV2 ERTY AREAS.— 

3 (i) IN GENERAL.—Activities funded 

4 from amounts made available under this 

5 paragraph shall be conducted in, or for the 

6 benefit of residents of and businesses lo7 cated in— 

8 (I) a high-poverty area; or 

9 (II) a sub-area within a high-pov10 erty area that also has a poverty rate 

11 of not less than 20 percent. 

12 (ii) EXCEPTION FOR AFFORDABLE

13 HOUSING.—Housing activities funded from 

14 amounts made available under this para15 graph to create, acquire, or renovate hous16 ing affordable to households with incomes 

17 at or below 80 percent of area median in18 come, as defined by the Secretary, may be 

19 conducted in or for the benefit of those 

20 households throughout the jurisdiction. 

21 (C) DISPLACEMENT PREVENTION PLAN.— 

22 Each grantee of funds made available under 

23 this paragraph shall develop a plan, to be in24 cluded within the amended consolidated plan of 


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1 the grantee, to prevent displacement of existing 

2 residents and businesses, which shall— 

3 (i) provide an analysis of whether new 

4 investments from funds made available 

5 under this paragraph or other factors re6 lated to these investments would lead to 

7 the displacement of existing homeowners, 

8 renters, or businesses in high-poverty areas 

9 or areas adjacent to high-poverty areas; 

10 and 

11 (ii) outline strategies that the grantee 

12 will implement to monitor and to prevent 

13 the displacement described in clause (i) 

14 and to ensure the future availability of 

15 housing affordable to low- and moderate16 income households in investment areas. 

17 (D) COORDINATION WITH OTHER FEDERAL

18 FUNDS AND GRANTEES.—Each grantee of funds 

19 made available under this paragraph shall de20 velop a plan, to be included within the amended 

21 consolidated plan of the grantee, that shall dis22 cuss how the grantee plans to coordinate the 

23 expenditures of the grantee under this para24 graph with— 


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1 (i) any other grant funds the grantee 

2 will receive under this Act; 

3 (ii) any other Federal grants or other 

4 assistance available to the grantee that 

5 could be used to further the purposes of 

6 this section; 

7 (iii) the efforts of other grantees oper8 ating within the jurisdiction of the grantee, 

9 including technical assistance providers, to 

10 further the purposes of this section; and 

11 (iv) tax credits available to households 

12 under this section. 

13 (E) ENHANCED COMMUNITY ENGAGEMENT

14 AND SECTION 3 OUTREACH.— 

15 (i) IN GENERAL.—In developing the 

16 required amendment to the consolidated 

17 plan of a grantee describing the use of 

18 funds by a grantee under this paragraph, 

19 the grantee shall conduct additional out20 reach to solicit comment from— 

21 (I) organizations with experience 

22 in fair housing; 

23 (II) organizations with experience 

24 in affordable housing; 


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1 (III) organizations providing 

2 services for persons with disabilities; 

3 (IV) homelessness service organi4 zations; 

5 (V) housing counseling organiza6 tions; 

7 (VI) organizations providing cul8 turally competent services for under9 served populations or populations with 

10 limited English proficiency; and 

11 (VII) residents of and small busi12 nesses in high-poverty areas in the ju13 risdiction served by the grantee. 

14 (ii) SECTION 3.—Each grantee of 

15 funds made available under this paragraph 

16 shall conduct outreach to residents of pub17 lic housing and other persons eligible to 

18 participate in the job training and employ19 ment opportunities provided under section 

20 3 of the Housing and Urban Development 

21 Act of 1968 (12 U.S.C. 1701u) and rel22 evant community organizations rep23 resenting and working with those persons 

24 to enhance awareness of job training and 

25 employment opportunities provided under 


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1 that section that may become available due 

2 to activities funded under this paragraph. 

3 (F) ENERGY EFFICIENCY AND RESIL4 IENCE.—Each grantee of funds made available 

5 under this paragraph shall— 

6 (i) ensure that housing renovation and 

7 new construction activities funded under 

8 this paragraph create or improve water 

9 and energy efficiency of the applicable 

10 housing and, at the discretion of the Sec11 retary, utilize other strategies to reduce 

12 emissions and energy costs; and 

13 (ii) ensure that housing and infra14 structure investments incorporate features 

15 necessary to create or improve resilience to 

16 natural disasters, or man-made disasters 

17 exacerbated by extreme weather conditions, 

18 as applicable to the area in which the in19 vestments are located. 

20 (G) OVERSIGHT AND ADMINISTRATION.— 

21 Of the funds made available under this para22 graph, not more than 0.5 percent shall be avail23 able to the Secretary for staffing, training, 

24 technical assistance, technology, monitoring, 


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1 travel, enforcement, research, and evaluation 

2 activities. 

3 (2) TECHNICAL ASSISTANCE.— 

4 (A) IN GENERAL.—There is appropriated 

5 to the Secretary, out of amounts in the Treas6 ury not otherwise appropriated, $100,000,000, 

7 to remain available until September 30, 2024, 

8 for housing and community development tech9 nical assistance to assist communities and com10 munity-based organizations to ensure the timely 

11 and effective deployment of funds made avail12 able under this subsection and promote equi13 table community development, including— 

14 (i) $40,000,000 for the second, third, 

15 and fourth capacity building activities au16 thorized under section 4(a) of the HUD 

17 Demonstration Act of 1993 (42 U.S.C. 

18 9816 note), of which not less than 

19 $5,000,000 shall be made available for 

20 rural capacity building activities; 

21 (ii) $10,000,000 for capacity building 

22 by national rural housing organizations 

23 with experience assessing national rural 

24 conditions and providing financing, train25 ing, technical assistance, information, and 


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1 research to local nonprofit organizations, 

2 local governments, and Indian Tribes serv3 ing high-need rural communities; 

4 (iii) $10,000,000 for the Self-Help 

5 Homeownership Opportunity Program au6 thorized under section 11 of the Housing 

7 Opportunity Program Extension Act of 

8 1996 (42 U.S.C. 12805 note); 

9 (iv) $10,000,000 for fair housing edu10 cation and outreach initiative grants; and 

11 (v) $30,000,000 for the Neighborhood 

12 Reinvestment Corporation (in this sub13 section referred to as the ‘‘Corporation’’) 

14 established under the Neighborhood Rein15 vestment Corporation Act (42 U.S.C. 8101 

16 et seq.) for housing counseling services. 

17 (B) DISBURSEMENT OF CORPORATION

18 FUNDS.— 

19 (i) PRIORITY.—Not less than 40 per20 cent of amounts described in subparagraph 

21 (A)(v) shall be provided to counseling orga22 nizations that target counseling services to 

23 minority and low-income homeowners, 

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1 ness or provide such services in neighbor2 hoods with high concentrations of minority 

3 and low-income homeowners, renters, indi4 viduals experiencing homelessness, and in5 dividuals at risk of homelessness. 

6 (ii) DISBURSEMENT.— 

7 (I) IN GENERAL.—The Corpora8 tion shall disburse all grant funds de9 scribed in subparagraph (A)(v) as ex10 peditiously as possible, through grants 

11 to housing counseling intermediaries 

12 approved by the Department of Hous13 ing and Urban Development, State 

14 housing finance agencies, and 

15 NeighborWorks organizations. 

16 (II) LIMITATION.—The aggregate 

17 amount provided to NeighborWorks 

18 organizations under this subsection 

19 shall not exceed 15 percent of the 

20 total grant funds made available pur21 suant to this paragraph. 

22 (3) PUBLIC HOUSING CAPITAL FUND.— 

23 (A) APPROPRIATIONS.—There is appro24 priated to the Secretary, out of amounts in the 

25 Treasury not otherwise appropriated, 


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1 $15,000,000,000 for the Capital Fund under 

2 section 9(d) of the United States Housing Act 

3 of 1937 (42 U.S.C. 1437g(d)), to remain avail4 able until September 30, 2024. 

5 (B) REQUIREMENTS.—The Secretary 

6 shall— 

7 (i) not later than 30 days after the 

8 date of enactment of this Act, distribute 

9 not less than 70 percent of amounts appro10 priated under subparagraph (A) under the 

11 same formula used for amounts made 

12 available for the Capital Fund for fiscal 

13 year 2020, except that the Secretary may 

14 determine not to allocate funding to public 

15 housing agencies that are designated as 

16 troubled at the time of such determination 

17 or to public housing agencies that elect not 

18 to accept such funding, or both, and pro19 vided that public housing agencies 

20 prioritize— 

21 (I) urgent health and safety con22 cerns, including lead hazards, carbon 

23 monoxide, radon, and other issues; 


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1 (II) work items in the existing 5- 

2 year capital plan of the public housing 

3 agency; 

4 (III) energy efficiency; and 

5 (IV) the renovation of vacant 

6 units; and 

7 (ii) not later than 270 days after the 

8 date of enactment of this Act, make avail9 able all remaining amounts under this 

10 paragraph by competition for priority in11 vestments, including investments that ad12 dress— 

13 (I) lead hazards, carbon mon14 oxide, radon, and other urgent health 

15 and safety concerns; 

16 (II) energy efficiency and resil17 ience; 

18 (III) the renovation of vacant 

19 units; and 

20 (IV) such other priorities as the 

21 Secretary may identify. 

22 (C) LIMITATION.—Amounts made available 

23 under this paragraph may not be used for oper24 ating costs under section 9(d) of the Housing 

25 Act of 1937 (42 U.S.C. 1437g(d)) other than 


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1 costs related to the provision of broadband 

2 internet access within public housing properties. 

3 (D) SECTION 3 OUTREACH.—Each grantee 

4 of funds made available under this paragraph 

5 shall conduct outreach to residents of public 

6 housing and other persons eligible to participate 

7 in the job training and employment opportuni8 ties provided under section 3 of the Housing 

9 and Urban Development Act of 1968 (12 

10 U.S.C. 1701u) and relevant community organi11 zations representing and working with those 

12 persons to enhance awareness of job training 

13 and employment opportunities provided under 

14 that section that may become available due to 

15 activities funded under this paragraph. 

16 (E) MONITORING OF TROUBLED PUBLIC

17 HOUSING AGENCIES.—With respect to any pub18 lic housing agency that is designated as trou19 bled at the time that amounts appropriated 

20 pursuant to this paragraph are obligated for the 

21 public housing agency, the Secretary shall pro22 vide additional monitoring and oversight of the 

23 public housing agency to ensure that any 

24 amounts provided are used in accordance with 


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1 this paragraph and any applicable laws, includ2 ing fair housing laws. 

3 (F) ENERGY EFFICIENCY AND RESIL4 IENCE.—Each grantee of funds made available 

5 under this paragraph shall— 

6 (i) ensure that housing renovation and 

7 new construction activities funded under 

8 this paragraph create or improve water 

9 and energy efficiency of the applicable 

10 housing and, at the discretion of the Sec11 retary, utilize other strategies to reduce 

12 emissions and energy costs; and 

13 (ii) ensure that housing investments 

14 incorporate features necessary to create or 

15 improve resilience to natural disasters, or 

16 man-made disasters exacerbated by ex17 treme weather conditions, as applicable to 

18 the area in which the housing is located. 

19 (G) OVERSIGHT AND ADMINISTRATION.— 

20 Of the funds made available under this para21 graph, not more than 0.5 percent shall be avail22 able to the Secretary for staffing, training, 

23 technical assistance, technology, monitoring, 

24 travel, enforcement, research, and evaluation 

25 activities. 


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1 (4) CHOICE NEIGHBORHOODS INITIATIVE

2 GRANTS.— 

3 (A) APPROPRIATIONS.— 

4 (i) IN GENERAL.—There is appro5 priated to the Secretary, out of amounts in 

6 the Treasury not otherwise appropriated, 

7 $1,000,000,000, to remain available until 

8 September 30, 2025, for grants provided 

9 under the terms provided under the head10 ing ‘‘Choice Neighborhoods Initiative’’ of 

11 title II of the Transportation, Housing and 

12 Urban Development, and Related Agencies 

13 Appropriations Act, 2020 (Public Law 

14 116–94), of which not less than 

15 $650,000,000 shall be awarded to public 

16 housing agencies and of which not more 

17 than $20,000,000 may be awarded for 

18 grants to undertake comprehensive local 

19 planning efforts in consultation with resi20 dents and the community. 

21 (ii) PRIORITY TO PRIOR YEAR FINAL22 ISTS.—In making awards using funds 

23 made available under this paragraph, the 

24 Secretary— 


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1 (I) shall prioritize applicants that 

2 were designated as finalists in fiscal 

3 year 2018, 2019, or 2020 in Choice 

4 Neighborhoods Implementation Grant 

5 competitions but have not yet received 

6 an award in subsequent grant rounds; 

7 and 

8 (II) may establish a streamlined 

9 application process for the applicants 

10 described in subclause (I) that is de11 signed to ensure that previous finalist 

12 plans remain viable and have been the 

13 subject of a recent public hearing, in 

14 addition to such other information the 

15 Secretary may require. 

16 (B) SECTION 3 OUTREACH.—Each grantee 

17 of funds made available under this paragraph 

18 shall conduct outreach to residents of public 

19 housing and other persons eligible to participate 

20 in the job training and employment opportuni21 ties provided under section 3 of the Housing 

22 and Urban Development Act of 1968 (12 

23 U.S.C. 1701u) and relevant community organi24 zations representing and working with those 

25 persons to enhance awareness of job training 


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1 and employment opportunities provided under 

2 that section that may become available due to 

3 activities funded under this paragraph. 

4 (C) ENERGY EFFICIENCY AND RESIL5 IENCE.—Each grantee of funds made available 

6 under this paragraph shall— 

7 (i) ensure that housing renovation and 

8 new construction activities funded under 

9 this paragraph create or improve water 

10 and energy efficiency of the applicable 

11 housing and, at the discretion of the Sec12 retary, utilize other strategies to reduce 

13 emissions and energy costs; and 

14 (ii) ensure that housing investments 

15 incorporate features necessary to create or 

16 improve resilience to natural disasters, or 

17 man-made disasters exacerbated by ex18 treme weather conditions, as applicable to 

19 the area in which the housing is located. 

20 (D) OVERSIGHT AND ADMINISTRATION.— 

21 Of the funds made available under this para22 graph, not more than 0.5 percent shall be avail23 able to the Secretary for staffing, training, 

24 technical assistance, technology, monitoring, 


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1 travel, enforcement, research, and evaluation 

2 activities. 

3 (5) NATIVE AMERICAN HOUSING AND COMMU4 NITY DEVELOPMENT GRANTS.— 

5 (A) APPROPRIATIONS.—There is appro6 priated to the Secretary, out of amounts in the 

7 Treasury not otherwise appropriated, 

8 $1,500,000,000 to remain available until Sep9 tember 30, 2024, for Native American, Alaska 

10 Native, and Native Hawaiian housing and com11 munity development activities, of which— 

12 (i) $960,000,000 shall be available to 

13 carry out the Native American housing 

14 block grant program under title I of the 

15 Native American Housing Assistance and 

16 Self-Determination Act of 1996 (25 U.S.C. 

17 4111 et seq.); 

18 (ii) $10,000,000 shall be available for 

19 providing training and technical assistance 

20 to Indian Tribes, Indian housing authori21 ties, and tribally designated housing enti22 ties to support activities under this title; 

23 (iii) $30,000,000 shall be available to 

24 carry out the Native Hawaiian housing 

25 block grant program under title VIII of the 


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1 Native American Housing Assistance and 

2 Self-Determination Act of 1996 (25 U.S.C. 

3 4221 et seq.); and 

4 (iv) $500,000,000 shall be available 

5 for grants to Indian Tribes for carrying 

6 out the Indian community development 

7 block grant program under title I of the 

8 Housing and Community Development Act 

9 of 1974 (42 U.S.C. 5301 et seq.), notwith10 standing section 106(a)(1) of such Act (42 

11 U.S.C. 5306(a)(1)). 

12 (B) REQUIREMENTS.—The Secretary 

13 shall— 

14 (i) not later than 30 days after the 

15 date of enactment of this Act, distribute 

16 not less than 50 percent of amounts appro17 priated under clause (i) of subparagraph 

18 (A) under the same formula used for 

19 amounts made available for the program 

20 described in that subparagraph for fiscal 

21 year 2020, except that the Secretary may 

22 determine not to allocate funding to trib23 ally designated housing entities that elect 

24 not to accept such funding; and 


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1 (ii) not later than 270 days after the 

2 date of enactment of this Act, make avail3 able all remaining amounts under this 

4 paragraph by competition for priority in5 vestments, including urgent health and 

6 safety concerns, and such other priorities 

7 as the Secretary may identify. 

8 (C) ENERGY EFFICIENCY AND RESIL9 IENCE.—Each grantee of funds made available 

10 under this paragraph shall— 

11 (i) ensure that housing renovation and 

12 new construction activities funded under 

13 this paragraph create or improve water 

14 and energy efficiency of the applicable 

15 housing and, at the discretion of the Sec16 retary, utilize other strategies to reduce 

17 emissions and energy costs; and 

18 (ii) ensure that housing and infra19 structure investments incorporate features 

20 necessary to create or improve resilience to 

21 natural disasters, or man-made disasters 

22 exacerbated by extreme weather conditions, 

23 as applicable to the area in which the in24 vestments are located. 


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1 (D) OVERSIGHT AND ADMINISTRATION.— 

2 Of the funds made available under this para3 graph, not more than 0.5 percent shall be avail4 able to the Secretary for staffing, training, 

5 technical assistance, technology, monitoring, 

6 travel, enforcement, research, and evaluation 

7 activities. 

8 (6) HOME INVESTMENT PARTNERSHIPS PRO9 GRAM.— 

10 (A) APPROPRIATIONS.—There is appro11 priated to the Secretary, out of amounts in the 

12 Treasury not otherwise appropriated, 

13 $5,000,000,000 for carrying out the HOME In14 vestment Partnerships Program under title II 

15 of the Cranston-Gonzalez National Affordable 

16 Housing Act (42 U.S.C. 12721 et seq.), to re17 main available until September 30, 2024. 

18 (B) SECTION 3 OUTREACH.—Each grantee 

19 of funds made available under this paragraph 

20 shall conduct outreach to residents of public 

21 housing and other persons eligible to participate 

22 in the job training and employment opportuni23 ties provided under section 3 of the Housing 

24 and Urban Development Act of 1968 (12 

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1 zations representing and working with those 

2 persons to enhance awareness of job training 

3 and employment opportunities provided under 

4 that section that may become available due to 

5 activities funded under this paragraph. 

6 (C) ENERGY EFFICIENCY AND RESIL7 IENCE.—Each grantee of funds made available 

8 under this paragraph shall— 

9 (i) ensure that housing renovation and 

10 new construction activities funded under 

11 this paragraph create or improve water 

12 and energy efficiency of the applicable 

13 housing and, at the discretion of the Sec14 retary, utilize other strategies to reduce 

15 emissions and energy costs; and 

16 (ii) ensure that housing investments 

17 incorporate features necessary to create or 

18 improve resilience to natural disasters, or 

19 man-made disasters exacerbated by ex20 treme weather conditions, as applicable to 

21 the area in which the housing is located. 

22 (D) OVERSIGHT AND ADMINISTRATION.— 

23 Of the funds made available under this para24 graph, not more than 0.5 percent shall be avail25 able to the Secretary for staffing, training, 


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1 technical assistance, technology, monitoring, 

2 travel, enforcement, research, and evaluation 

3 activities. 

4 (7) HOUSING TRUST FUND.— 

5 (A) APPROPRIATIONS.—There is appro6 priated to the Secretary, out of amounts in the 

7 Treasury not otherwise appropriated, for the 

8 Housing Trust Fund under section 1338 of the 

9 Federal Housing Enterprises Financial Safety 

10 and Soundness Act of 1992 (12 U.S.C. 4568) 

11 $4,000,000,000, to remain available until ex12 pended. 

13 (B) SECTION 3 OUTREACH.—Each grantee 

14 of funds made available under this paragraph 

15 shall conduct outreach to residents of public 

16 housing and other persons eligible to participate 

17 in the job training and employment opportuni18 ties provided under section 3 of the Housing 

19 and Urban Development Act of 1968 (12 

20 U.S.C. 1701u) and relevant community organi21 zations representing and working with those 

22 persons to enhance awareness of job training 

23 and employment opportunities provided under 

24 that section that may become available due to 

25 activities funded under this paragraph. 


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1 (C) ENERGY EFFICIENCY AND RESIL2 IENCE.—Each grantee of funds made available 

3 under this paragraph shall— 

4 (i) ensure that housing renovation and 

5 new construction activities funded under 

6 this paragraph create or improve water 

7 and energy efficiency of the applicable 

8 housing and, at the discretion of the Sec9 retary, utilize other strategies to reduce 

10 emissions and energy costs; and 

11 (ii) ensure that housing investments 

12 incorporate features necessary to create or 

13 improve resilience to natural disasters, or 

14 man-made disasters exacerbated by ex15 treme weather conditions, as applicable to 

16 the area in which the housing is located. 

17 (D) OVERSIGHT AND ADMINISTRATION.— 

18 Of the funds made available under this para19 graph, not more than 0.5 percent shall be avail20 able to the Secretary for staffing, training, 

21 technical assistance, technology, monitoring, 

22 travel, enforcement, research, and evaluation 

23 activities. 

24 (8) CAPITAL MAGNET FUND.— 


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1 (A) APPROPRIATIONS.—There is appro2 priated to the Secretary of the Treasury, out of 

3 amounts in the Treasury not otherwise appro4 priated, for the Capital Magnet Fund under 

5 section 1339 of the Federal Housing Enter6 prises Financial Safety and Soundness Act of 

7 1992 (12 U.S.C. 4569) $1,400,000,000, to re8 main available until expended. 

9 (B) ENERGY EFFICIENCY AND RESIL10 IENCE.—Each grantee of funds made available 

11 under this paragraph shall— 

12 (i) ensure that housing renovation and 

13 new construction activities funded under 

14 this paragraph create or improve water 

15 and energy efficiency of the applicable 

16 housing and, at the discretion of the Sec17 retary, utilize other strategies to reduce 

18 emissions and energy costs; and 

19 (ii) ensure that housing and infra20 structure investments incorporate features 

21 necessary to create or improve resilience to 

22 natural disasters, or man-made disasters 

23 exacerbated by extreme weather conditions, 

24 as applicable to the area in which the in25 vestments are located. 


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1 (C) OVERSIGHT AND ADMINISTRATION.— 

2 Of the funds made available under this para3 graph, not more than 0.5 percent shall be avail4 able to the Secretary of the Treasury for staff5 ing, training, technical assistance, technology, 

6 monitoring, travel, enforcement, research, and 

7 evaluation activities. 

8 (9) REMOVAL OF LEAD HAZARDS AND PRO9 MOTING HEALTHY HOUSING.— 

10 (A) APPROPRIATIONS.—There is appro11 priated to the Secretary, out of amounts in the 

12 Treasury not otherwise appropriated, 

13 $6,000,000,000 for lead hazard control and 

14 healthy housing, to remain available until Sep15 tember 30, 2024, of which— 

16 (i) $2,500,000,000 shall be for the 

17 lead hazard reduction program, as author18 ized by section 1011 of the Residential 

19 Lead-Based Paint Hazard Reduction Act 

20 of 1992 (42 U.S.C. 4852); 

21 (ii) $1,500,000,000 shall be for grants 

22 pursuant to section 1011 of the Residential 

23 Lead-Based Paint Hazard Reduction Act 

24 of 1992 (42 U.S.C. 4852), which shall be 


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1 provided to areas with the highest lead2 based paint abatement needs; and 

3 (iii) $2,000,000,000 shall be for the 

4 Healthy Homes Initiative, pursuant to sec5 tions 501 and 502 of the Housing and 

6 Urban Development Act of 1970 (12 

7 U.S.C. 1701z–1, 1701z–2), which shall in8 clude research, studies, testing, and dem9 onstration efforts, including education and 

10 outreach concerning developing best prac11 tices relating to lead-based paint poisoning 

12 and other housing related diseases and 

13 hazards. 

14 (B) DEMONSTRATION GRANTS.—Of 

15 amounts made available under subparagraph 

16 (A), the Secretary may utilize up to 

17 $500,000,000 for demonstration projects de18 signed to develop or test best practices with re19 gard to the provision of healthy housing, includ20 ing— 

21 (i) eliminating lead-paint hazards in 

22 high-risk geographic areas and households 

23 with children at high risk of lead paint poi24 soning; 


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1 (ii) community-wide strategies to 

2 eliminate lead hazards in housing; 

3 (iii) in coordination with local water 

4 systems and the Administrator of the En5 vironmental Protection Agency, eliminating 

6 lead services lines in federally assisted 

7 housing or housing owned or rented by 

8 low-income households; 

9 (iv) programs to coordinate lead and 

10 health hazard removal with weatherization, 

11 energy efficiency, or ventilation improve12 ment programs or strategies; 

13 (v) lead hazard and healthy housing 

14 workforce development, including in rural 

15 communities; and 

16 (vi) other demonstrations as identified 

17 by the Secretary. 

18 (10) RURAL MULTIFAMILY PRESERVATION AND

19 REVITALIZATION DEMONSTRATION PROGRAM.— 

20 (A) APPROPRIATIONS.—There is appro21 priated to the Secretary of Agriculture, out of 

22 amounts in the Treasury not otherwise appro23 priated, $1,000,000,000, for carrying out the 

24 Multifamily Preservation and Revitalization 

25 Demonstration program of the Rural Housing 


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1 Service authorized under sections 514, 515, and 

2 516 of the Housing Act of 1949 (42 U.S.C. 

3 1484, 1485, 1486), to remain available until 

4 September 30, 2024. 

5 (B) ENERGY EFFICIENCY AND RESIL6 IENCE.—Each grantee of funds made available 

7 under this paragraph shall— 

8 (i) ensure that housing renovation and 

9 new construction activities funded under 

10 this paragraph create or improve water 

11 and energy efficiency of the applicable 

12 housing and, at the discretion of the Sec13 retary of Agriculture, utilize other strate14 gies to reduce emissions and energy costs; 

15 and 

16 (ii) ensure that housing investments 

17 incorporate features necessary to create or 

18 improve resilience to natural disasters, or 

19 man-made disasters exacerbated by ex20 treme weather conditions, as applicable to 

21 the area in which the housing is located. 

22 (C) OVERSIGHT AND ADMINISTRATION.— 

23 Of the funds made available under this para24 graph, not more than 0.5 percent shall be avail25 able to the Secretary of Agriculture for staffing, 


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1 training, technical assistance, technology, moni2 toring, travel, enforcement, research, and eval3 uation activities. 

4 (c) REPEAL OF FAIRCLOTH AMENDMENT.—Section 

5 9(g) of the United States Housing Act of 1937 (42 U.S.C. 

6 1437g(g)) is amended by striking paragraph (3). 

7 (d) RESTORING FAIR HOUSING PROTECTIONS.— 

8 (1) AFFIRMATIVELY FURTHERING FAIR HOUS9 ING.— 

10 (A) PUBLIC INFORMATION AND TRANS11 PARENCY.— 

12 (i) IN GENERAL.—Not later than 30 

13 days after the date of enactment of this 

14 Act, the Secretary shall reestablish and 

15 publish in a publicly accessible manner on 

16 the website of the Department the Affirm17 atively Furthering Fair Housing Data and 

18 Mapping Tool (AFFH–T), which was pre19 viously available on the website of the De20 partment. 

21 (ii) UPDATES.—In reestablishing and 

22 publishing the tool described in clause (i), 

23 the Secretary shall update the tool for the 

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1 quently update the tool not less frequently 

2 than annually. 

3 (B) REPEAL OF REGULATION.—The final 

4 rule issued by the Department entitled ‘‘Pre5 serving Community and Neighborhood Choice’’ 

6 (85 Fed. Reg. 47899 (August 7, 2020)) shall 

7 have no force or effect. 

8 (C) ASSESSMENT TOOLS.— 

9 (i) LOCAL GOVERNMENTS.—The Sec10 retary shall— 

11 (I) not later than 30 days after 

12 the date of enactment of this Act, 

13 publish in the Federal Register a no14 tice for public comment relating to es15 tablishing a fair housing assessment 

16 tool for use by local governments; and 

17 (II) not later than 150 days after 

18 the date of enactment of this Act, 

19 publish on the website of the Depart20 ment and make available to local gov21 ernments a final fair housing assess22 ment tool. 

23 (ii) PUBLIC HOUSING AGENCIES.— 

24 The Secretary shall— 


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1 (I) not later than 90 days after 

2 the date of enactment of this Act, 

3 publish in the Federal Register a no4 tice for public comment relating to es5 tablishing a fair housing assessment 

6 tool for use by public housing agen7 cies; and 

8 (II) not later than 180 days after 

9 the date of enactment of this Act, 

10 publish on the website of the Depart11 ment and make available to public 

12 housing agencies a final fair housing 

13 assessment tool. 

14 (iii) STATE GOVERNMENTS.—The Sec15 retary shall— 

16 (I) not later than 120 days after 

17 the date of enactment of this Act, 

18 publish in the Federal Register a no19 tice for public comment relating to es20 tablishing a fair housing assessment 

21 tool for use by State governments; 

22 and 

23 (II) not later than 210 days after 

24 the date of enactment of this Act, 

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1 ment and make available to State gov2 ernments a final fair housing assess3 ment tool. 

4 (2) REPEAL OF DISPARATE IMPACT REGULA5 TION.—The final rule issued by the Department en6 titled ‘‘HUD’s Implementation of the Fair Housing 

7 Act’s Disparate Impact Standard’’ (85 Fed. Reg. 

8 60288 (September 24, 2020)) shall have no force or 

9 effect. 

10 (3) REPEAL OF OCC COMMUNITY REINVEST11 MENT ACT REGULATION.—The final rule issued by 

12 the Office of the Comptroller of the Currency enti13 tled ‘‘Community Reinvestment Act Regulations’’ 

14 (85 Fed. Reg. 34734 (June 5, 2020)) shall have no 

15 force or effect. 

16 (e) FINANCIAL INSTITUTIONS.— 

17 (1) IN GENERAL.—All persons shall be entitled 

18 to the full and equal enjoyment of the goods, serv19 ices, facilities, privileges, and accommodations of any 

20 financial institution, as defined in section 803 of the 

21 Payment, Clearing, and Settlement Supervision Act 

22 of 2010 (12 U.S.C. 5462), without discrimination on 

23 the ground of race, color, religion, national origin, 

24 and sex (including sexual orientation and gender 

25 identity). 


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1 (2) PRIVATE RIGHT OF ACTION.— 

2 (A) IN GENERAL.—Whenever any person 

3 has engaged or there are reasonable grounds to 

4 believe that any person is about to engage in 

5 any act or practice prohibited by paragraph (1), 

6 a civil action for preventive relief, including an 

7 application for a permanent or temporary in8 junction, restraining order, or other order, may 

9 be instituted by the person aggrieved. 

10 (B) COSTS.—In any action commenced 

11 pursuant to this subsection, the court, in its 

12 discretion, may allow the prevailing party, other 

13 than the United States, a reasonable attorney’s 

14 fee as part of the costs, and the United States 

15 shall be liable for costs the same as a private 

16 person. 

17 (C) JURISDICTION.—The district courts of 

18 the United States shall have jurisdiction of pro19 ceedings instituted pursuant to this subsection 

20 and shall exercise the same without regard to 

21 whether the aggrieved party shall have ex22 hausted any administrative or other remedies 

23 that may be provided by law. 

24 (D) EXCLUSIVE MEANS.—The remedies 

25 provided in this subsection shall be the exclusive 


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1 means of enforcing the rights based on this 

2 subsection, but nothing in this section shall pre3 clude any individual or any State or local agen4 cy from asserting any right based on any other 

5 Federal or State law not inconsistent with this 

6 subsection, including any statute or ordinance 

7 requiring nondiscrimination in goods, services, 

8 facilities, privileges, and accommodations of any 

9 financial institution, or from pursuing any rem10 edy, civil or criminal, which may be available 

11 for the vindication or enforcement of such right. 

12 Subtitle C—School, Library, and 

13 Institution Infrastructure 

14 CHAPTER 1—SCHOOL INFRASTRUCTURE 

15 SEC. 5301. DEFINITIONS. 

16 In this chapter: 

17 (1) ESEA TERMS.—The terms ‘‘elementary 

18 school’’, ‘‘other staff’’, ‘‘outlying area’’, ‘‘secondary 

19 school’’, ‘‘specialized instructional support per20 sonnel’’, and ‘‘State educational agency’’ have the 

21 meanings given to those terms in section 8101 of the 

22 Elementary and Secondary Education Act of 1965 

23 (20 U.S.C. 7801). 

24 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu25 reau-funded school’’ has the meaning given to that 


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1 term in section 1141 of the Education Amendments 

2 of 1978 (25 U.S.C. 2021). 

3 (3) COVERED FUNDS.—The term ‘‘covered 

4 funds’’ means funds received by a State or qualified 

5 local educational agency under this chapter. 

6 (4) HIGH-NEED SCHOOL.—The term ‘‘high-need 

7 school’’ has the meaning given to that term in sec8 tion 200 of the Higher Education Act of 1965 (20 

9 U.S.C. 1021). 

10 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 has the meaning given to that term, without regard 

12 to capitalization, in section 4 of the Indian Self-De13 termination and Education Act (25 U.S.C. 5304). 

14 (6) LOCAL EDUCATIONAL AGENCY.—The term 

15 ‘‘local educational agency’’ has the meaning given to 

16 that term in section 8101 of the Elementary and 

17 Secondary Education Act of 1965 (20 U.S.C. 7801) 

18 except that such term does not include a Bureau19 funded school. 

20 (7) OPERATIONS AND MAINTENANCE OF

21 SCHOOL FACILITIES.—The term ‘‘operations and 

22 maintenance of school facilities’’ means annual ac23 tivities related to keeping— 


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1 (A) school buildings operational, safe for 

2 use, and free from health and safety hazards; 

3 or 

4 (B) school grounds, school buildings, and 

5 school equipment in an effective working condi6 tion. 

7 (8) PUBLIC SCHOOL FACILITIES.—The term 

8 ‘‘public school facilities’’ means the facilities of a 

9 public elementary school or a public secondary 

10 school, including outdoor facilities and grounds. 

11 (9) QUALIFIED LOCAL EDUCATIONAL AGEN12 CY.—The term ‘‘qualified local educational agency’’ 

13 means a local educational agency that— 

14 (A) receives funds under part A of title I 

15 of the Elementary and Secondary Education 

16 Act of 1965 (20 U.S.C. 6311 et seq.); 

17 (B) is among the local educational agencies 

18 in the State with the highest numbers or per19 centages of students counted under section 

20 1124(c) of such Act (20 U.S.C. 6333(c)); 

21 (C) agrees to prioritize the improvement of 

22 the facilities of high-need schools; and 

23 (D) may be among the local educational 

24 agencies in the State— 


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1 (i) where the conditions of such agen2 cy’s public school facilities disrupt the 

3 learning environment and put students, 

4 families, educators, and other staff at 

5 health and safety risk, such as due to 

6 proximity to toxic sites (including point 

7 sources of pollution, environmental deg8 radation, or brownfield sites) or the vulner9 ability of such facilities to natural disas10 ters; or 

11 (ii) with the most limited capacity to 

12 raise funds for the long-term improvement 

13 of public school facilities, as determined by 

14 an assessment of— 

15 (I) the current and historic abil16 ity of such agency to secure funds for 

17 construction, renovation, moderniza18 tion, and major repair projects for 

19 schools; 

20 (II) whether such agency has 

21 been able to issue bonds or receive 

22 other funds (such as developer impact 

23 fees or access to private financing) to 

24 support school construction projects; 


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1 (III) the bond rating of such 

2 agency; or 

3 (IV) the burden of debt carried 

4 by such agency. 

5 (10) SCHOOL FACILITIES CAPITAL OUTLAY

6 PROJECTS.—The term ‘‘school facilities capital out7 lay projects’’ means the planning, design, construc8 tion, renovation, repair, management, and financing 

9 of school facilities projects with a life expectancy of 

10 at least 10 years. School facilities capital outlay 

11 projects do not include operations and maintenance 

12 of school facilities. 

13 (11) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of Education. 

15 (12) STATE.—The term ‘‘State’’ means each of 

16 the 50 States, the District of Columbia, and the 

17 Commonwealth of Puerto Rico. 

18 (13) STATE SCHOOL FACILITIES AGENCY.—The 

19 term‘‘ State school facilities agency’’ means the 

20 State educational agency or other public agency des21 ignated by the State educational agency with the re22 sponsibility for administering the program under 

23 section 5303(d) and for supporting school facilities 

24 capital outlay projects. 


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1 (14) TRIBAL ORGANIZATION.—The term ‘‘Trib2 al organization’’ has the meaning given that term, 

3 without regard to capitalization, in section 4 of the 

4 Indian Self-Determination and Education Act (25 

5 U.S.C. 5304). 

6 (15) ZERO ENERGY SCHOOL.—The term ‘‘zero 

7 energy school’’ means a public elementary school or 

8 public secondary school that— 

9 (A) generates renewable energy on-site; 

10 and 

11 (B) on an annual basis, exports an amount 

12 of such renewable energy that equals or exceeds 

13 the total amount of renewable energy that is 

14 delivered to the school from outside sources. 

15 SEC. 5302. DEVELOPMENT OF DATA STANDARDS. 

16 (a) DATA STANDARDS.—Not later than 120 days 

17 after the date of the enactment of this chapter, the Sec18 retary, in consultation with the Federal officials described 

19 in subsection (b), shall— 

20 (1) identify the data that State school facilities 

21 agencies and the Bureau of Indian Education should 

22 collect and include in the databases required to be 

23 developed under subparagraphs (A)(i)(II) and (B) of 

24 section 5303(c)(2); 


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1 (2) develop standards for the comparability of 

2 such data; and 

3 (3) issue guidance to State school facilities 

4 agencies and local educational agencies concerning 

5 the definitions, collection, comparability, and sharing 

6 of such data. 

7 (b) OFFICIALS.—The officials described in this sub8 section are— 

9 (1) the Administrator of the Environmental 

10 Protection Agency; 

11 (2) the Secretary of Energy; 

12 (3) the Director of the Centers for Disease 

13 Control and Prevention; 

14 (4) the Secretary of the Interior; 

15 (5) the Administrator of the Federal Emer16 gency Management Agency; and 

17 (6) the Director of the National Institute for 

18 Occupational Safety and Health. 

19 SEC. 5303. GRANTS FOR THE LONG-TERM IMPROVEMENT 

20 OF PUBLIC SCHOOL FACILITIES. 

21 (a) PURPOSE.—Covered funds shall be for supporting 

22 long-term improvements to public school facilities in ac23 cordance with this chapter. 

24 (b) RESERVATION FOR OUTLYING AREAS AND BU25 REAU-FUNDED SCHOOLS.— 


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1 (1) IN GENERAL.—For each of fiscal years 

2 2021 through 2023, the Secretary shall reserve, 

3 from the amount appropriated to carry out this 

4 chapter— 

5 (A) in consultation with the Secretary of 

6 the Interior, one-half of 1 percent to provide as7 sistance to the outlying areas; and 

8 (B) one and one-half percent for payments 

9 to the Secretary of the Interior to provide as10 sistance to Bureau-funded schools. 

11 (2) USE OF RESERVED FUNDS.— 

12 (A) SPECIAL RULES FOR OUTLYING

13 AREAS.— 

14 (i) APPLICABILITY.—Funds reserved 

15 under paragraph (1)(A) shall be used in 

16 accordance with sections 5304 through 

17 5308. 

18 (ii) ALLOCATION TO OUTLYING

19 AREAS.—From the amount reserved under 

20 paragraph (1)(A) for a fiscal year, the Sec21 retary, in consultation with the Secretary 

22 of the Interior, shall allocate to each out23 lying area an amount in proportion to the 

24 amount received by the outlying area 

25 under part A of title I of the Elementary 


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1 and Secondary Act of 1965 (20 U.S.C. 

2 6311 et seq.) for the previous fiscal year, 

3 relative to the total such amount received 

4 by all outlying areas for such previous fis5 cal year. 

6 (B) SPECIAL RULES FOR BUREAU-FUNDED

7 SCHOOLS.— 

8 (i) CONSULTATION.— 

9 (I) IN GENERAL.—Not later than 

10 90 days after receiving funds under 

11 paragraph (1)(B), the Secretary of 

12 the Interior shall initiate a consulta13 tion with Indian Tribes to determine 

14 whether assistance provided to Bu15 reau-funded schools under paragraph 

16 (1)(B) shall be administered— 

17 (aa) in accordance with re18 quirements specified in this chap19 ter (under which, the Secretary 

20 of the Interior would operate 

21 under the same requirements set 

22 forth for States under this chap23 ter, and Bureau-funded schools 

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1 quirements as qualified local edu2 cational agencies); or 

3 (bb) through existing infra4 structure programs administered 

5 by the Secretary of the Interior. 

6 (II) FLEXIBILITY.—If the out7 come of this consultation is to operate 

8 a program in accordance with this 

9 chapter, as described in subclause 

10 (I)(aa), the Secretary of the Interior 

11 shall have the authority, in further 

12 consultation with officials from Indian 

13 Tribes and Tribal organizations to de14 termine which requirements under 

15 this chapter shall apply. 

16 (III) CONSULTATION REQUIRE17 MENTS.—Consultation described 

18 under this clause shall be carried out 

19 in a manner and at a time that pro20 vides the opportunity for appropriate 

21 officials from Indian Tribes or Tribal 

22 organizations to meaningfully and 

23 substantively contribute to decision24 making described in this clause. 


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1 (ii) TREATMENT OF TRIBALLY OPER2 ATED SCHOOLS.—The Secretary of the In3 terior shall provide assistance to Bureau4 funded schools under paragraph (1)(B) 

5 without regard to whether such schools are 

6 operated under a contract under the In7 dian Self-Determination and Education 

8 Assistance Act (25 U.S.C. 5301 et seq.), a 

9 grant under the Tribally Controlled 

10 Schools Act of 1988 (25 U.S.C. 2501 et 

11 seq.), or directly by the Federal govern12 ment. 

13 (iii) BUREAU-FUNDED SCHOOLS FA14 CILITIES INVENTORY.—In accordance with 

15 the guidance issued by the Secretary under 

16 section 5302, not later than 180 days after 

17 receiving an allocation under paragraph 

18 (1)(B), the Secretary of the Interior shall 

19 develop and operate an online, publicly 

20 searchable database that contains an in21 ventory of the infrastructure of all Bureau22 funded school facilities, in accordance with 

23 the requirements described in subsection 

24 (c)(2)(B). The Secretary of the Interior 


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1 shall update such database not less fre2 quently than once every 2 years. 

3 (iv) NO MATCHING REQUIREMENT.— 

4 Notwithstanding subsection (c)(4)(A) or 

5 any other provision of law, the Secretary of 

6 the Interior shall not require Bureau-fund7 ed schools receiving funds under paragraph 

8 (1)(B) to provide matching funds or a non9 Federal share toward the cost of the activi10 ties carried out with those funds. 

11 (3) TIMING REQUIREMENT.—By not later than 

12 90 days after the date of enactment of an Act ap13 propriating or otherwise making available amounts 

14 to carry out this chapter, the Secretary shall make 

15 the allocations required under paragraph (1). 

16 (c) ALLOCATION TO STATES.— 

17 (1) ALLOCATION OF FUNDING.—From the 

18 funds appropriated under section 5209 for any fiscal 

19 year and remaining after the Secretary makes res20 ervations under subsection (b), the Secretary shall 

21 allot to each State that has a plan approved by the 

22 Secretary under paragraph (3), an amount that is 

23 the same proportion as each State received under 

24 part A of title I of the Elementary and Secondary 


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1 Education Act of 1965 (20 U.S.C. 6311 et seq.) for 

2 the preceding fiscal year. 

3 (2) STATE RESERVATION.— 

4 (A) IN GENERAL.—A State shall reserve 

5 not more than 5 percent of its allocation under 

6 paragraph (1) to carry out the State’s school 

7 facilities agency’s responsibilities under this 

8 Act, which— 

9 (i) shall include— 

10 (I) providing technical assistance 

11 to local educational agencies, includ12 ing by— 

13 (aa) identifying which State 

14 and local public agencies have 

15 programs, resources, and exper16 tise relevant to the activities sup17 ported by the allocation under 

18 this section; and 

19 (bb) coordinating the provi20 sion of technical assistance 

21 across such agencies; 

22 (II) in accordance with the guid23 ance issued by the Secretary under 

24 section 5302 and the requirements 

25 under subparagraph (B), developing 


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1 and operating an online, publicly 

2 searchable database that contains an 

3 inventory of the infrastructure of all 

4 public school facilities in the State; 

5 (III) issuing or reviewing stand6 ards, regulations, or plans to ensure 

7 safe, healthy, and high-performing 

8 school buildings that address— 

9 (aa) indoor air quality and 

10 ventilation issues, including expo11 sure to airborne pathogens, car12 bon monoxide, carbon dioxide, 

13 lead-based paint, and other com14 bustion by products such as ox15 ides of nitrogen; 

16 (bb) mold, mildew, and 

17 moisture control; 

18 (cc) the safety of drinking 

19 water at the tap and water used 

20 for meal preparation, including 

21 the presence of lead and other 

22 contaminants in such water and 

23 the results and frequency of reg24 ular testing of the potability of 

25 water at the tap; 


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1 (dd) energy and water effi2 ciency; 

3 (ee) excessive classroom 

4 noise related to projects sup5 ported under this chapter; 

6 (ff) exposure to toxic sub7 stances, including mercury, 

8 radon, PCBs, lead, vapor intru9 sions, and asbestos; and 

10 (gg) the emergency pre11 paredness of public school facili12 ties to efficiently serve as a com13 munity shelter during a natural 

14 or man-made disaster or emer15 gency; and 

16 (IV) designating an ombudsman 

17 to monitor public school facilities in 

18 the State, respond to complaints re19 garding health and safety conditions 

20 in such facilities from the public, and 

21 address health and safety hazards (in 

22 coordination with local and State 

23 agency officials), in accordance with 

24 applicable Federal, State, Tribal, and 


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1 local health and safety requirements; 

2 and 

3 (ii) may include the development of a 

4 plan to increase the number of zero energy 

5 schools in the State. 

6 (B) INVENTORY OF ALL PUBLIC SCHOOL

7 FACILITIES IN THE STATE.— 

8 (i) CONTENTS.—The State school fa9 cilities agency’s database required under 

10 subparagraph (A)(i)(II) that contains an 

11 inventory of the infrastructure of all public 

12 school facilities in the State shall include— 

13 (I) each local educational agen14 cy’s expenditures on school facilities 

15 capital outlay projects (defined as the 

16 sum of the local educational agency’s 

17 total expenditures on school facilities 

18 capital outlay projects and any direct 

19 expenditures and funds provided by 

20 the State to such agency for the pur21 pose of school facilities capital outlay 

22 projects), in total and disaggregated 

23 by each school facility; 

24 (II) with respect to each such fa25 cility, an identification of— 


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1 (aa) the size of each indi2 vidual school building and the 

3 age of each such building within 

4 each such facility; 

5 (bb) the enrollment capacity 

6 of the school operating in each 

7 such facility; 

8 (cc) the annual operating ex9 penditures by the corresponding 

10 local educational agency on oper11 ations and maintenance of school 

12 facilities for each such facility; 

13 (dd) the extent to which 

14 each such facility has been retro15 fitted or improved to mitigate 

16 natural disasters or emergencies, 

17 including pandemics, seismic nat18 ural disasters, forest fires, hurri19 canes, flooding, tornados, 

20 tsunamis, mud slides, and 

21 pandemics; 

22 (ee) information regarding 

23 any previous inspections showing 

24 the presence of toxic substances; 


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1 (ff) the emergency prepared2 ness of each such facility— 

3 (AA) to efficiently serve 

4 as a community shelter dur5 ing a natural or man-made 

6 disaster or emergency, tak7 ing into consideration the 

8 facility’s design, construc9 tion, and location features, 

10 including communication 

11 and related equipment and 

12 supply levels, in accordance 

13 with Federal, State, and 

14 local requirements; and 

15 (BB) including any im16 provement to support indoor 

17 and outdoor social distanc18 ing and implementation of 

19 public health protocols (in20 cluding with respect to 

21 HVAC usage and ventilation 

22 in schools, consistent with 

23 the guidance issued by Fed24 eral agencies, including the 


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1 Centers for Disease Control 

2 and Prevention); 

3 (gg) an inventory of space 

4 within each such facility, includ5 ing the number of classrooms, 

6 room capacity, square footage, 

7 and classification by building 

8 function; and 

9 (hh) information regarding 

10 internet access in such facility, 

11 including the presence of high12 speed broadband, Wi-Fi, and 

13 connectivity speed. 

14 (ii) FREQUENCY OF UPDATES.—A 

15 State school facilities agency shall update 

16 the database required under this subpara17 graph and subparagraph (A)(i)(II) not less 

18 frequently than once every 3 years. 

19 (iii) PUBLIC ACCESSIBILITY.—A State 

20 school facilities agency shall ensure that 

21 the information in the database required 

22 under this subparagraph and subpara23 graph (A)(i)(II)— 


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1 (I) is publicly posted on an easily 

2 accessible part of the website of the 

3 State school facilities agency; and 

4 (II) is regularly distributed to 

5 local educational agencies and Indian 

6 Tribes in the State. 

7 (3) STATE PLAN.— 

8 (A) IN GENERAL.—To be eligible to receive 

9 an allocation under this section, a State school 

10 facilities agency shall submit a plan to the Sec11 retary at such time, in such manner, and in12 cluding such other information as the Secretary 

13 may require, including at a minimum— 

14 (i) a description of how the State 

15 school facilities agency will use the alloca16 tion provided under paragraph (1) to make 

17 long-term improvements to public school 

18 facilities in the State, including the im19 provement of such facilities operated by 

20 qualified local educational agencies in the 

21 State; 

22 (ii) a description of how the State 

23 school facilities agency will carry out each 

24 of its responsibilities under subclauses (I) 

25 through (IV) of paragraph (2)(A)(i); 


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1 (iii) an assurance that the State shall 

2 contribute, from non-Federal sources, an 

3 amount equal to 10 percent of the amount 

4 of the allocation received under paragraph 

5 (1) to carry out the activities supported by 

6 the allocation; 

7 (iv) a description of how the State 

8 school facilities agency will identify quali9 fied local educational agencies and make 

10 the determination under subsection (d)(3); 

11 (v) a description of the State’s strat12 egy to address the construction, renova13 tion, modernization, and major repair 

14 needs of public school facilities, includ15 ing— 

16 (I) the total State expenditures 

17 for school facilities capital outlay 

18 projects, as described in paragraph 

19 (4)(B)(iii), in the fiscal year preceding 

20 the year for which the State receives 

21 an allocation under paragraph (1); 

22 and 

23 (II) how long, and at what levels, 

24 the State will maintain fiscal effort 

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1 location after the State no longer re2 ceives such allocation; 

3 (vi) a description of the methodology 

4 the State school facilities agency will use to 

5 determine to which qualified local edu6 cational agencies to award subgrants, in 

7 accordance with subparagraphs (2) and (3) 

8 of subsection (d), including— 

9 (I) the State school facilities 

10 agency’s criteria for reviewing the 

11 quality of the public school facilities 

12 projects proposed in applications sub13 mitted under subsection (d); and 

14 (II) how the State school facili15 ties agency will consider the impact 

16 that such projects will have on— 

17 (aa) racial and socio18 economic housing segregation; 

19 and 

20 (bb) student diversity and 

21 racial and socioeconomic isolation 

22 of students attending any current 

23 (as of the time of submission of 

24 the plan) or future public school 


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1 facilities supported by such 

2 projects. 

3 (B) APPROVAL AND DISAPPROVAL.— 

4 (i) IN GENERAL.—The Secretary shall 

5 have the authority to approve or dis6 approve a State plan submitted under sub7 paragraph (A). 

8 (ii) ADMINISTRATION.—If the Sec9 retary disapproves of a State plan sub10 mitted under subparagraph (A), the Sec11 retary shall— 

12 (I) immediately notify the State 

13 school facilities agency of such deter14 mination and the reasons for such de15 termination; 

16 (II) offer the State school facili17 ties agency the opportunity to revise 

18 its State plan; 

19 (III) provide technical assistance 

20 in order to assist the State school fa21 cilities agency in meeting the require22 ments under this chapter; and 

23 (IV) provide the State school fa24 cilities agency the opportunity for a 

25 hearing. 


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1 (4) CONDITIONS.—As a condition of receiving 

2 an allocation under paragraph (1), a State shall 

3 agree to the following: 

4 (A) MATCHING REQUIREMENT.—The State 

5 shall contribute, from non-Federal sources, an 

6 amount equal to 10 percent of the amount of 

7 the allocation received under paragraph (1) to 

8 carry out activities supported by the allocation, 

9 in accordance with section 5304. 

10 (B) COMMITMENT TO PROPORTIONAL

11 STATE INVESTMENT IN SCHOOL FACILITIES.— 

12 (i) IN GENERAL.—The State shall 

13 provide an assurance to the Secretary that 

14 for each fiscal year that the State receives 

15 an allocation under this section, the State’s 

16 share of school facilities capital outlay in 

17 the fiscal year preceding the fiscal year for 

18 which an allocation is received will be not 

19 less than 90 percent of the average of the 

20 State’s share of school facilities capital 

21 outlay for the 5 years preceding the fiscal 

22 year for which the allocation is received. 

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1 paragraph, the term ‘‘State’s share of 

2 school facilities capital outlay’’ means— 

3 (I) the total State expenditures 

4 on school facilities capital outlay 

5 projects; divided by 

6 (II) the total school facilities cap7 ital expenditures in the State on 

8 school facilities capital outlay projects. 

9 (iii) TOTAL STATE EXPENDITURES.— 

10 In this subparagraph, the term ‘‘total 

11 State expenditures’’ means the State’s 

12 total expenditures on school facilities cap13 ital outlay projects, including— 

14 (I) any direct expenditures by the 

15 State for the purpose of school facili16 ties capital outlay projects; and 

17 (II) funds provided by the State 

18 to local educational agencies for the 

19 purpose of school facilities capital out20 lay projects. 

21 (iv) TOTAL SCHOOL FACILITIES CAP22 ITAL EXPENDITURES IN THE STATE.—In 

23 this subparagraph, the term ‘‘total school 

24 facilities capital expenditures in the State’’, 

25 means the sum of— 


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1 (I) all expenditures on school fa2 cilities capital outlay projects by all 

3 local educational agencies in the 

4 State, including any funds provided 

5 by the State to a local educational 

6 agency in the State for school facili7 ties capital outlay projects; plus 

8 (II) any direct expenditures made 

9 by the State for school facilities cap10 ital outlay projects. 

11 (C) SUPPLEMENT NOT SUPPLANT.—The 

12 State shall use an allocation received under this 

13 section only to supplement the level of Federal, 

14 State, and local public funds that would, in ab15 sence of such allocation, be made available for 

16 school facilities capital outlay projects, and not 

17 to supplant such funds. 

18 (d) NEED-BASED SUBGRANTS TO QUALIFIED LOCAL

19 EDUCATIONAL AGENCIES.— 

20 (1) SUBGRANTS TO LOCAL EDUCATIONAL AGEN21 CIES.— 

22 (A) IN GENERAL.—Subject to subpara23 graph (B), from the amounts allocated to a 

24 State under subsection (c)(1) and contributed 

25 by the State under subsection (c)(4)(A), the 


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1 State school facilities agency shall award sub2 grants to qualified local educational agencies, 

3 on a competitive basis, to carry out the activi4 ties described section 5304. 

5 (B) ALLOWANCE FOR DIGITAL LEARN6 ING.—A State school facilities agency may use 

7 not more than 10 percent of the amount de8 scribed in subparagraph (A) to make subgrants 

9 to qualified local educational agencies to enable 

10 those qualified local educational agencies to 

11 carry out activities to improve digital learning 

12 in accordance with section 5304(b). 

13 (2) GEOGRAPHIC DISTRIBUTION.—Each State 

14 school facilities agency receiving an allocation under 

15 subsection (c)(1) shall ensure that subgrants under 

16 this section are awarded to qualified local edu17 cational agencies that represent the geographic di18 versity of the State, by awarding subgrants to quali19 fied local educational agencies in urban, suburban, 

20 and rural areas of the State. 

21 (3) PRIORITY OF SUBGRANTS.—In awarding 

22 subgrants under this section to qualified local edu23 cational agencies, the State school facilities agency— 

24 (A) shall give priority to qualified local 

25 educational agencies— 


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1 (i) that demonstrate the greatest need 

2 for such a grant by being in the highest 

3 quartile of qualified local educational agen4 cies in a ranking of all qualified local edu5 cational agencies in the State, ranked in 

6 descending order by the percentage of stu7 dents who are enrolled in a school served 

8 by the agency and are counted under sec9 tion 1124(c) of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 

11 6333(c)); 

12 (ii) that operate public school facilities 

13 which disrupt the learning environment 

14 and pose a health and safety risk to stu15 dents, families, educators, and other staff, 

16 such as due to proximity to toxic sites (in17 cluding point sources of pollution, environ18 mental degradation, or brownfield sites) or 

19 the vulnerability of such facilities to nat20 ural disasters; or 

21 (iii) that have the most limited capac22 ity to raise funds for the long-term im23 provement such agency’s public school fa24 cilities, as determined by an assessment 

25 of— 


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1 (I) the current and historic abil2 ity of such agency to secure funds for 

3 construction, renovation, moderniza4 tion, and major repair projects for 

5 schools; 

6 (II) whether the agency has been 

7 able to issue bonds or receive other 

8 funds, such as developer impact fees 

9 or access to private financing, to sup10 port school construction projects; 

11 (III) the bond rating of the agen12 cy; and 

13 (IV) the burden of debt carried 

14 by the local educational agency; 

15 (B) with respect to subgrants awarded for 

16 fiscal year 2021, shall give priority to qualified 

17 local educational agencies described in subpara18 graph (A) that propose projects in their appli19 cation that support— 

20 (i) indoor and outdoor social 

21 distancing; and 

22 (ii) the implementation of public 

23 health protocols (including with respect to 

24 HVAC usage and ventilation in schools, 

25 consistent with the guidance issued by 


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1 Federal, State, Tribal, and local public 

2 health agencies, including the Centers for 

3 Disease Control and Prevention); and 

4 (C) may give priority to qualified local edu5 cational agencies that— 

6 (i) will use the subgrant to improve 

7 access to high-speed broadband sufficient 

8 to support digital learning in accordance 

9 with section 5304(b) and serve elementary 

10 schools or secondary schools, including 

11 rural schools, that lack such access; or 

12 (ii) will use the subgrant to fund 

13 projects that are aligned with such agen14 cy’s policies or plan— 

15 (I) to increase diversity and de16 crease racial or socioeconomic isola17 tion of its student body in its public 

18 school facilities; and 

19 (II) that have the intended out20 comes of shifting student enrollment 

21 policies to create more racially and 

22 socioeconomically diverse schools. 

23 (4) APPLICATION.—To be considered for a 

24 subgrant under this section, a qualified local edu25 cational agency shall submit an application to the 


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1 State school facilities agency at such time, in such 

2 manner, and containing such information as such 

3 agency may require. Such application shall include, 

4 at minimum— 

5 (A) the information necessary for the State 

6 school facilities agency to make the determina7 tions under paragraphs (2) and (3), including— 

8 (i) a description of how the qualified 

9 local educational agency will use covered 

10 funds to prioritize the improvement of the 

11 facilities of high-need schools; 

12 (ii) information regarding the quali13 fied local educational agency’s capacity to 

14 raise funds for the long-term improvement 

15 of its public school facilities, including in16 formation regarding— 

17 (I) the current and historic abil18 ity of the agency to raise funds for 

19 construction, renovation, moderniza20 tion, and major repair projects for 

21 schools; 

22 (II) whether the agency has been 

23 able to issue bonds or receive other 

24 funds to support school construction 

25 projects; 


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1 (III) the bond rating of the agen2 cy; and 

3 (IV) the level of debt carried by 

4 the agency; and 

5 (iii) data regarding the numbers and 

6 percentages of students counted under sec7 tion 1124(c) of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 

9 633(c)) served by the agency, and the 

10 rates of racial and socioeconomic isolation 

11 among students in such agency’s public 

12 school facilities; and 

13 (B) a description of the projects that the 

14 agency plans to carry out with the subgrant, in 

15 accordance with section 5304, including— 

16 (i) the rationale the agency used to 

17 determine such projects, including how the 

18 agency— 

19 (I) engaged students, families, 

20 and local communities in making such 

21 determinations; and 

22 (II) took into consideration ele23 ments described in paragraph (5)(B) 

24 in making such determinations; 


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1 (ii) a description of how the agency 

2 took into consideration the impacts that 

3 such projects may have on student enroll4 ment levels and racial and socioeconomic 

5 diversity of students, as described in para6 graph (5)(B)(v); 

7 (C) a description of how the projects pro8 posed in subparagraph (B) will reduce risks to 

9 the health and safety of staff and students at 

10 schools served by the agency, including with re11 spect to the conditions described in paragraph 

12 (5)(B)(iii); and 

13 (D) in the case of a qualified local edu14 cational agency (including a public charter 

15 school that is a local educational agency under 

16 State law) that proposes to fund a repair, ren17 ovation, or construction project for a public 

18 charter school, as defined by State law, a de19 scription indicating— 

20 (i) the extent to which the public 

21 charter school lacks access to funding for 

22 school repair, renovation, and construction 

23 through the financing methods available to 

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1 ter schools, or local educational agencies in 

2 the State; and 

3 (ii) that the charter school operator— 

4 (I) owns the facility that is to be 

5 repaired, renovated, or constructed; or 

6 (II) has care and control of such 

7 facility for not less than 10 years. 

8 (5) FACILITIES MASTER PLAN.— 

9 (A) PLAN REQUIRED.—Not later than 180 

10 days after receiving a subgrant under this sec11 tion, a qualified local educational agency shall 

12 submit to the State school facilities agency a 

13 comprehensive facilities master plan that covers 

14 not less than 3 years. 

15 (B) ELEMENTS.—The facilities master 

16 plan required under subparagraph (A) shall in17 clude, with respect to all public school facilities 

18 of the qualified local educational agency, a de19 scription of— 

20 (i) the extent to which public school 

21 facilities meet students’ educational needs 

22 and support the agency’s educational mis23 sion and vision; 


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1 (ii) the physical condition of each in2 dividual public school facility operated by 

3 the qualified local educational agency; 

4 (iii) the current health, safety, and 

5 environmental conditions of each individual 

6 public school facility operated by the quali7 fied local educational agency, including— 

8 (I) indoor air quality and ventila9 tion; 

10 (II) the presence of toxic sub11 stances; 

12 (III) the safety of drinking water 

13 at the tap and water used for meal 

14 preparation, including the level of lead 

15 and other contaminants in such water; 

16 (IV) energy and water efficiency; 

17 (V) classroom acoustics; and 

18 (VI) other health, safety, and en19 vironmental conditions that would im20 pact the health, safety, and learning 

21 environment of students; 

22 (iv) how the qualified local educational 

23 agency will address any conditions identi24 fied under clause (iii), including with 

25 projects supported by subgrant funds; 


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1 (v) the impact of current and future 

2 student enrollment levels (as of the date of 

3 application) on the design of current and 

4 future public school facilities operated by 

5 the qualified local educational agency, in6 cluding— 

7 (I) the financial implications of 

8 such enrollment levels; and 

9 (II) the impact that such enroll10 ment levels will have on the racial and 

11 socioeconomic school diversity of stu12 dents attending any current or future 

13 public school facilities operated by the 

14 local educational agency; 

15 (vi) the dollar amount and percentage 

16 of funds the qualified local educational 

17 agency will dedicate to capital construction 

18 projects for public school facilities in each 

19 fiscal year, including— 

20 (I) any funds in the budget of 

21 the agency that will be dedicated to 

22 such projects; and 

23 (II) any funds not in the budget 

24 of the agency that will be dedicated to 

25 such projects, including— 


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1 (aa) any funds available to 

2 the agency as the result of a 

3 bond issue; or 

4 (bb) capital campaigns, if 

5 such agency is a public charter 

6 school. 

7 (C) CONSULTATION.—In developing the fa8 cilities master plan required under subpara9 graph (A), the qualified local educational agen10 cy shall consult with students and families, edu11 cators, principals, other school leaders, para12 professionals, specialized instructional support 

13 personnel, custodial and maintenance staff, 

14 emergency first responders, school facilities di15 rectors, community residents, Indian Tribes and 

16 Tribal organizations if such qualified local edu17 cational agency is required to consult with In18 dian Tribes or Tribal organizations under sec19 tion 8538 of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 7918), advo21 cacy and civil rights organizations, and the pub22 lic. 

23 (D) EDUCATIONAL SERVICE AGENCIES.— 

24 In the event that the qualified local educational 

25 agency is an educational service agency, the reVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 quirements of this paragraph shall apply only to 

2 the public school facilities of the local edu3 cational agencies where such agency intends to 

4 support projects with subgrant funds. 

5 (6) SUPPLEMENT NOT SUPPLANT.—A qualified 

6 local educational agency shall use a subgrant re7 ceived under this section only to supplement the 

8 level of Federal, State, and local public funds that 

9 would, in the absence of such subgrant, be made 

10 available for school facilities capital outlay projects 

11 and for the operations and maintenance of school fa12 cilities, and not to supplant such funds. 

13 SEC. 5304. USES OF FUNDS. 

14 (a) IN GENERAL.—Subject to section 5305, a quali15 fied local educational agency that receives a subgrant 

16 under section 5303(d) shall use the funds to carry out one 

17 or more of the following: 

18 (1) Developing, maintaining, and updating as 

19 necessary the facilities master plan required under 

20 section 5303(d)(5). 

21 (2) Renovating, retrofitting, modernizing, or 

22 constructing public school facilities, which may in23 clude— 

24 (A) improvements to public school facilities 

25 to improve the safety and health of students 


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1 and staff directly related to reducing the risk of 

2 community spread of COVID–19, such as— 

3 (i) facility repairs, improvements, or 

4 other system upgrades to support imple5 mentation of public health protocols, such 

6 as repair, replacement, and installation of 

7 sinks for hand washing, appropriate spaces 

8 for health screening, adequate school 

9 nurses’ spaces, health isolation areas, and 

10 storage and disposal of personal protective 

11 equipment; and 

12 (ii) projects designed to reduce 

13 COVID–19 transmission and exposure to 

14 environmental health hazards and to sup15 port student health needs, including— 

16 (I) improvements to indoor air 

17 quality in schools or school surfaces to 

18 enable effective ventilation and sanita19 tion; 

20 (II) improvements to outdoor 

21 areas for outdoor instruction and ac22 tivities; and 

23 (III) physical barriers to mitigate 

24 the spread of COVID–19; and 


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1 (B) improvements to mitigate natural dis2 asters or emergencies, including seismic natural 

3 disasters, forest fires, hurricanes, flooding, tor4 nados, tsunamis, mud slides, and pandemics. 

5 (3) Carrying out major repairs of public school 

6 facilities. 

7 (4) Purchasing or installing furniture or fix8 tures with at least a 10-year life in public school fa9 cilities. 

10 (5) Constructing new public school facilities to 

11 replace school facilities or respond to increases in 

12 student enrollment. 

13 (6) Acquiring and preparing sites on which new 

14 public school facilities will be constructed. 

15 (7) Ensuring current or anticipated student en16 rollment does not exceed the physical and instruc17 tional capacity of public school facilities. 

18 (8) Ensuring the building envelopes and inte19 riors of public school facilities protect occupants and 

20 interiors from natural elements and are structurally 

21 sounds and secure. 

22 (9) Improving energy and water efficiency to 

23 lower the costs of energy and water consumption in 

24 public school facilities. 


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1 (10) Improving indoor air quality and ventila2 tion in public school facilities, including mechanical 

3 and non-mechanical heating, ventilation, and air 

4 conditioning systems, filtering and other air clean5 ing, fans, control systems, and window and door re6 pair and replacement. 

7 (11) Reducing or eliminating the presence of— 

8 (A) toxic substances, including mercury, 

9 radon, PCBs, lead, and asbestos; 

10 (B) mold and mildew; or 

11 (C) rodents and pests. 

12 (12) Ensuring the safety of drinking water at 

13 the tap and water used for meal preparation in pub14 lic school facilities, which may include testing of the 

15 potability of water at the tap for the presence of 

16 lead and other contaminants. 

17 (13) Bringing public school facilities into com18 pliance with applicable fire, health, and safety codes. 

19 (14) Making public school facilities accessible to 

20 people with disabilities, including by ensuring com21 pliance with the Americans with Disabilities Act of 

22 1990 (42 U.S.C. 12101 et seq.) and section 504 of 

23 the Rehabilitation Act of 1973 (29 U.S.C. 794). 

24 (15) Providing instructional program space im25 provements (including through the construction of 


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1 outdoor instructional space) for programs relating to 

2 early learning (including early learning programs op3 erated by partners of the agency), special education, 

4 science, technology, career and technical education, 

5 physical education, the arts, and literacy (including 

6 library programs). 

7 (16) Increasing the use of public school facili8 ties for the purpose of community-based partner9 ships that provide students with academic, behav10 ioral health, mental health, substance use disorder, 

11 and social services. 

12 (17) Ensuring the health and safety of students 

13 and staff during the construction or modernization 

14 of public school facilities. 

15 (18) Investing in specialized academic facilities, 

16 including investments designed to encourage inter17 district school attendance patterns, in order to in18 crease student diversity and decrease racial or socio19 economic isolation. 

20 (19) Reducing or eliminating excessive class21 room noise due to activities allowable under this sec22 tion. 

23 (b) ALLOWANCE FOR DIGITAL LEARNING.—A quali24 fied local educational agency may use covered funds re25 ceived under section 5303(d)(1) to leverage existing public 


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1 programs or public-private partnerships to expand access 

2 to high-speed broadband sufficient for digital learning. 

3 SEC. 5305. RULE OF CONSTRUCTION. 

4 (a) RESTRICTION.—A qualified local educational 

5 agency that receives covered funds shall not use such 

6 funds for— 

7 (1) payment of routine and predictable mainte8 nance costs and minor repairs; 

9 (2) any facility that is primarily used for ath10 letic contests or exhibitions or other events for which 

11 admission is charged to the general public; 

12 (3) vehicles; or 

13 (4) district central offices, operation centers, or 

14 other facilities that are not primarily used to edu15 cate students. 

16 (b) FOR-PROFIT CHARTER SCHOOLS.—No covered 

17 funds may be used for the facilities of a public charter 

18 school that is operated by a for-profit entity. 

19 (c) CONFLICTS OF INTEREST AND CHARTER

20 SCHOOLS.—No covered funds may be used for the facili21 ties of a public charter school if— 

22 (1) the school leases the facilities from an indi23 vidual or private sector entity; and 


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1 (2) such individual, or an individual with a di2 rect or indirect financial interest in such entity, has 

3 a management or governance role in such school. 

4 SEC. 5306. GREEN PRACTICES. 

5 (a) IN GENERAL.—In a given fiscal year, a qualified 

6 local educational agency that uses covered funds for a new 

7 construction project shall use not less than the applicable 

8 percentage (as described in subsection (b)) of the funds 

9 used for such project for construction or renovation that 

10 is certified, verified, or consistent with the applicable pro11 visions of— 

12 (1) the United States Green Building Council 

13 Leadership in Energy and Environmental Design 

14 green building rating standard (commonly known as 

15 the ‘‘LEED Green Building Rating System’’); 

16 (2) the Living Building Challenge developed by 

17 the International Living Future Institute; 

18 (3) a green building rating program developed 

19 by the Collaborative for High-Performance Schools 

20 (commonly known as ‘‘CHPS’’) that is CHPS21 verified; or 

22 (4) a program that— 

23 (A) has standards that are equivalent to or 

24 more stringent than the standards of a program 

25 described in paragraphs (1) through (3); 


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1 (B) is adopted by the State or another ju2 risdiction with authority over the agency; and 

3 (C) includes a verifiable method to dem4 onstrate compliance with such program. 

5 (b) APPLICABLE PERCENTAGE.—The applicable per6 centage described in this subsection is— 

7 (1) for fiscal year 2021, 60 percent; 

8 (2) for fiscal year 2022, 70 percent; and 

9 (3) for fiscal year 2023; 80 percent. 

10 SEC. 5307. USE OF AMERICAN IRON, STEEL, AND MANUFAC11 TURED PRODUCTS. 

12 (a) IN GENERAL.—A qualified local educational 

13 agency that receives covered funds shall ensure that any 

14 iron, steel, and manufactured products used in projects 

15 carried out with such funds are produced in the United 

16 States. 

17 (b) WAIVER AUTHORITY.— 

18 (1) IN GENERAL.—The Secretary may waive 

19 the requirement of subsection (a) if the Secretary 

20 determines that— 

21 (A) iron, steel, and manufactured products 

22 produced in the United States are not produced 

23 in a sufficient and reasonably available amount 

24 or are not of a satisfactory quality; or 


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1 (B) using iron, steel, and manufactured 

2 products produced in the United States will in3 crease the cost of the overall project by more 

4 than 25 percent. 

5 (2) PUBLICATION.—Before issuing a waiver 

6 under paragraph (1), the Secretary shall publish in 

7 the Federal Register a detailed written explanation 

8 of the waiver determination. 

9 (c) CONSISTENCY WITH INTERNATIONAL AGREE10 MENTS.—This section shall be applied in a manner con11 sistent with the obligations of the United States under 

12 international agreements. 

13 (d) DEFINITIONS.—In this section: 

14 (1) PRODUCED IN THE UNITED STATES.—The 

15 term ‘‘produced in the United States’’ means the fol16 lowing: 

17 (A) When used with respect to a manufac18 tured product, the product was manufactured in 

19 the United States and the cost of the compo20 nents of such product that were mined, pro21 duced, or manufactured in the United States 

22 exceeds 60 percent of the total cost of all com23 ponents of the product. 

24 (B) When used with respect to iron or 

25 steel products, or an individual component of a 


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1 manufactured product, all manufacturing proc2 esses for such iron or steel products or compo3 nents, from the initial melting stage through 

4 the application of coatings, occurred in the 

5 United States, except that the term does not in6 clude— 

7 (i) steel or iron material or products 

8 manufactured abroad from semi-finished 

9 steel or iron from the United States; and 

10 (ii) steel or iron material or products 

11 manufactured in the United States from 

12 semi-finished steel or iron of foreign origin. 

13 (2) MANUFACTURED PRODUCT.—The term 

14 ‘‘manufactured product’’ means any construction 

15 material or end product (as such terms are defined 

16 in part 25.003 of the Federal Acquisition Regula17 tions) that is not an iron or steel product, includ18 ing— 

19 (A) electrical components; and 

20 (B) non-ferrous building materials, includ21 ing, aluminum and polyvinylchloride (PVC), 

22 glass, fiber optics, plastic, wood, masonry, rub23 ber, manufactured stone, any other non-ferrous 

24 metals, and any unmanufactured construction 

25 material. 


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1 SEC. 5308. ANNUAL REPORT ON GRANT PROGRAM. 

2 (a) IN GENERAL.—Not later than one year after the 

3 date of the enactment of this chapter, and annually there4 after until funds under this chapter have been expended, 

5 the Secretary shall submit to the Committee on Health, 

6 Education, Labor and Pensions of the Senate and the 

7 Committee on Education and Labor of the House of Rep8 resentatives a report on the projects carried out with cov9 ered funds. 

10 (b) ELEMENTS.—The report under subsection (a) 

11 shall include, with respect to the fiscal year preceding the 

12 year in which the report is submitted, the following: 

13 (1) An identification of each qualified local edu14 cational agency that received a subgrant under this 

15 chapter, including the grant amount received for 

16 each such agency. 

17 (2) With respect to each such agency, a descrip18 tion of— 

19 (A) the demographic composition of the 

20 student population served by the agency, 

21 disaggregated by— 

22 (i) race; 

23 (ii) the number and percentage of stu24 dents counted under section 1124(c) of the 

25 Elementary and Secondary Education Act 

26 of 1965 (20 U.S.C. 6333(c)); and 


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1 (iii) the number and percentage of 

2 students who are eligible for a free or re3 duced price lunch under the Richard B. 

4 Russell National School Lunch Act (42 

5 U.S.C. 1751 et seq.); 

6 (B) the population density of the geo7 graphic area served by the agency; 

8 (C) the projects for which the agency used 

9 the subgrant received under this chapter, in10 cluding— 

11 (i) the type of each such project; 

12 (ii) the public school facility defi13 ciencies that each such project eliminated 

14 or reduced; 

15 (iii) the State, local, and private share 

16 of funding for the projects over and above 

17 the Federal share, if any; and 

18 (iv) the individual demographic com19 position of the student population enrolled 

20 in schools impacted by each such project, 

21 disaggregated by— 

22 (I) race; and 

23 (II) the number and percentage 

24 of students who are eligible for a free 

25 or reduced price lunch under the 


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1 Richard B. Russell National School 

2 Lunch Act (42 U.S.C. 1751 et seq.); 

3 (D) the factors used by the State school 

4 facilities agency to determine that such agency 

5 lacked capacity to finance school facilities cap6 ital outlay projects without Federal assistance; 

7 and 

8 (E) the estimated number of jobs created 

9 by projects supported by covered funds in each 

10 qualified local educational agency. 

11 (3) The total dollar amount of all subgrants re12 ceived by local educational agencies under this chap13 ter. 

14 (4) An assessment of the student diversity and 

15 the racial and socioeconomic school isolation of 

16 schools served by projects carried out by the quali17 fied local educational agency with covered funds, in18 cluding any progress made by local educational 

19 agencies to improve racial and socioeconomic diver20 sity in such schools. 

21 (c) OUTLYING AREAS REPORT.—Not later than one 

22 year after the date of the enactment of this chapter, and 

23 annually thereafter until grant funds have been expended, 

24 the Secretary of the Interior shall submit to the Com25 mittee on Health, Education, Labor and Pensions of the 


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1 Senate and the Committee on Education and Labor of the 

2 House of Representatives a report on the projects carried 

3 out with funds described in section 5303(b)(1)(A) in out4 lying areas. 

5 (d) BUREAU OF INDIAN EDUCATION REPORT.—Not 

6 later than one year after the date of the enactment of this 

7 chapter, and annually thereafter until grant funds have 

8 been expended, the Secretary of the Interior shall submit 

9 to the Committee on Health, Education, Labor and Pen10 sions of the Senate, the Committee on Indian Affairs of 

11 the Senate, the Committee on Education and Labor of the 

12 House of Representatives, and the Committee on Natural 

13 Resources of the House of Representatives a report on the 

14 projects carried out with funds described in section 

15 5303(b)(1)(B) for Bureau-funded schools. 

16 (e) LEA INFORMATION COLLECTION.— 

17 (1) IN GENERAL.—Not later than one year 

18 after the date of the enactment of this chapter, and 

19 annually thereafter until grant funds have been ex20 pended, each qualified local educational agency that 

21 receives covered funds shall annually— 

22 (A) compile the information described in 

23 subsection (b)(2); and 

24 (B) prepare a description of each project 

25 supported by covered funds in accordance with 


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1 subsection (b)(2)(C), including the amount of 

2 covered funding spent on each project for plan3 ning, design, construction, management, and fi4 nancing, as applicable. 

5 (2) REPORT AND POSTING OF INFORMATION.— 

6 Each qualified local educational agency shall submit 

7 the information described in paragraph (1) to the 

8 State school facilities agency and shall make the in9 formation available to the public, including by post10 ing the information on a publicly accessible agency 

11 website. 

12 (f) STATE INFORMATION DISTRIBUTION.—A State 

13 school facilities agency that receives information from a 

14 local educational agency under subsection (e) shall— 

15 (1) compile the information and report it annu16 ally to the Secretary at such time and in such man17 ner as the Secretary may require; 

18 (2) submit to the Secretary a description of the 

19 activities supported under the State reservation of 

20 funds, in accordance with section 5303(c)(2); 

21 (3) make the information described in para22 graphs (1) and (2) available to the public, including 

23 by posting the information on a publicly accessible 

24 State website; and 


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1 (4) regularly distribute such information to 

2 local educational agencies and Indian Tribes in the 

3 State. 

4 SEC. 5309. APPROPRIATIONS. 

5 There are appropriated to the Secretary of Edu6 cation, out of amounts in the Treasury not otherwise ap7 propriated, $11,626,810,000 for fiscal year 2021, 

8 $11,626,810,000 for fiscal year 2022, and 

9 $11,626,810,000 for fiscal year 2023, to carry out this 

10 chapter, to remain available until expended. 

11 SEC. 5310. APPROPRIATIONS FOR IMPACT AID CONSTRUC12 TION. 

13 There are appropriated to the Secretary of Edu14 cation, out of amounts in the Treasury not otherwise ap15 propriated, $18,756,765 for fiscal year 2021, $50,406,000 

16 for fiscal year 2022, and $50,406,000 for fiscal year 2023 

17 for Impact Aid construction payments, in accordance with 

18 section 7007 of the Elementary and Secondary Education 

19 Act of 1965 (20 U.S.C. 7707). All terms and conditions 

20 that apply to grants under such section 7007 shall apply 

21 to grants made with funds made available under this sec22 tion. 

23 CHAPTER 2—LIBRARY INFRASTRUCTURE 

24 SEC. 5321. DEFINITIONS. 

25 In this chapter: 


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1 (1) DIRECTOR.—The term ‘‘Director’’ has the 

2 meaning given the term in section 202 of the Mu3 seum and Library Services Act (20 U.S.C. 9101). 

4 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

5 has the meaning given the term ‘‘Indian tribe’’ in 

6 section 202 of the Museum and Library Services Act 

7 (20 U.S.C. 9101). 

8 (3) LIBRARY.—The term ‘‘library’’ has the 

9 meaning given the term in section 213 of the Li10 brary Services and Technology Act (20 U.S.C. 

11 9122). 

12 (4) STATE.—The term ‘‘State’’ has the mean13 ing given the term in section 213 of the Library 

14 Services and Technology Act (20 U.S.C. 9122). 

15 (5) STATE LIBRARY ADMINISTRATIVE AGEN16 CY.—The term ‘‘State library administrative agen17 cy’’ has the meaning given the term in section 213 

18 of the Library Services and Technology Act (20 

19 U.S.C. 9122). 

20 SEC. 5322. BUILD AMERICA’S LIBRARIES FUND. 

21 (a) ESTABLISHMENT.—From the amount appro22 priated under section 5326, there is established a Build 

23 America’s Libraries Fund for the purpose of supporting 

24 long-term improvements to library facilities in accordance 

25 with this chapter. 


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1 (b) RESERVATIONS.—From the amount available in 

2 the Build America’s Libraries Fund, the Director shall re3 serve 3 percent to award grants to Indian Tribes and to 

4 organizations that primarily serve and represent Native 

5 Hawaiians, in the same manner as the Director makes 

6 grants under section 261 of the Library Services and 

7 Technology Act (20 U.S.C. 9161) to enable such Indian 

8 Tribes and organizations to carry out the activities de9 scribed in paragraphs (1) through (9) of section 5323(d). 

10 SEC. 5323. ALLOCATION TO STATES. 

11 (a) ALLOCATION TO STATES.— 

12 (1) STATE-BY-STATE ALLOCATION.— 

13 (A) IN GENERAL.—From the amount 

14 available in the Build America’s Libraries Fund 

15 and not reserved under section 5322(b), each 

16 State that has a plan approved by the Director 

17 under subsection (b) shall be allocated an 

18 amount in the same manner as the Director 

19 makes allotments to States under section 

20 221(b) of the Library Services and Technology 

21 Act (20 U.S.C. 9131(b)), except that, for pur22 poses of this section, the minimum allotment 

23 for each State shall be $10,000,000, except that 

24 the minimum allotment shall be $500,000 in 

25 the case of the United States Virgin Islands, 


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1 Guam, American Samoa, the Commonwealth of 

2 the Northern Mariana Islands, the Republic of 

3 the Marshall Islands, the Federated States of 

4 Micronesia, and the Republic of Palau. 

5 (B) REALLOCATION OF REMAINING

6 FUNDS.— 

7 (i) IN GENERAL.—From the remain8 der of any amounts not reserved or allo9 cated under subparagraph (A) on the date 

10 that is 1 year after the date of enactment 

11 of this Act, the Director shall allocate to 

12 each State, that has a plan approved by 

13 the Director under subsection (b), an 

14 amount that bears the same relation to 

15 such remainder as the population of the 

16 State bears to the population of all States. 

17 (ii) DATA.—For the purposes of 

18 clause (i), the population of each State and 

19 of all the States shall be determined by the 

20 Director on the basis of the most recent 

21 data available from the Bureau of the Cen22 sus. 

23 (2) STATE RESERVATIONS.—A State shall re24 serve not more than 4 percent of its allocation under 


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1 paragraph (1) for administrative costs and to pro2 vide technical assistance to libraries in the State. 

3 (b) STATE PLAN.— 

4 (1) IN GENERAL.—To be eligible to receive an 

5 allocation under this section, a State library admin6 istrative agency shall submit to the Director a plan 

7 that includes such information as the Director may 

8 require, including at a minimum— 

9 (A) a description of how the State will use 

10 the allocation to make long-term improvements 

11 to library facilities with a focus on underserved 

12 and marginalized communities; 

13 (B) a description regarding how the State 

14 will carry out its responsibility to provide tech15 nical assistance under subsection (a)(2); 

16 (C) a description regarding how the State 

17 will make the determinations of eligibility and 

18 priority under subsections (b) and (d) of section 

19 5324; and 

20 (D) a certification that the State has met 

21 the maintenance of effort requirements under 

22 section 223(c) of the Library Services and 

23 Technology Act (20 U.S.C. 9133(c)) and an as24 surance that the State shall meet the suppleVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 ment not supplant requirement under sub2 section (c). 

3 (2) APPROVAL.— 

4 (A) IN GENERAL.—The Director shall ap5 prove a State plan submitted under paragraph 

6 (1) that meets the requirements of paragraph 

7 (1) and provides satisfactory assurances that 

8 the provisions of such plan will be carried out. 

9 (B) PUBLIC AVAILABILITY.—Each State li10 brary administrative agency receiving an alloca11 tion under this section shall make the State 

12 plan available to the public, including through 

13 electronic means. 

14 (C) ADMINISTRATION.—If the Director de15 termines that the State plan does not meet the 

16 requirements of this section, the Director 

17 shall— 

18 (i) immediately notify the State li19 brary administrative agency of such deter20 mination and the reasons for such deter21 mination; 

22 (ii) offer the State library administra23 tive agency the opportunity to revise its 

24 State plan; 


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1 (iii) provide technical assistance in 

2 order to assist the State library adminis3 trative agency in meeting the requirements 

4 of this section; and 

5 (iv) provide the State library adminis6 trative agency the opportunity for a hear7 ing. 

8 (c) SUPPLEMENT NOT SUPPLANT.—As a condition of 

9 receiving an allocation under this section, a State shall 

10 agree to use an allocation under this section only to sup11 plement the level of Federal, State, and local public funds 

12 that would, in absence of such allocation, be made avail13 able for the activities supported by the allocation, and not 

14 to supplant such funds. 

15 (d) USES OF FUNDS.—Each State receiving an allo16 cation under this section shall use the funds for any one 

17 or more of the following: 

18 (1) Constructing, renovating, modernizing, or 

19 retrofitting library facilities in the State, which may 

20 include— 

21 (A) financing new library facilities; 

22 (B) making capital improvements to exist23 ing library facilities, including buildings, facili24 ties grounds, and bookmobiles; 


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1 (C) enhancing library facilities to improve 

2 the overall safety and health of library patrons 

3 and staff, including improvements directly re4 lated to reducing the risk of community spread 

5 of COVID–19; and 

6 (D) addressing the vulnerability of library 

7 facilities to natural disasters. 

8 (2) Investing in infrastructure projects related 

9 to improving internet access and connectivity in li10 brary facilities and for library patrons, including 

11 projects related to high-speed broadband, technology 

12 hardware, and mobile hotspots and similar equip13 ment. 

14 (3) Improving energy and water efficiency to 

15 lower the costs of energy and water consumption in 

16 library facilities. 

17 (4) Improving indoor air quality and ventilation 

18 in library facilities, including mechanical and non19 mechanical heating, ventilation, and air conditioning 

20 systems, filtering and other air cleaning, fans, con21 trol systems, and window and door repair and re22 placement. 

23 (5) Reducing or eliminating the presence in li24 brary facilities of potential hazards to library staff 

25 and patrons, including— 


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1 (A) toxic substances, including mercury, 

2 radon, PCBs, lead, and asbestos; or 

3 (B) mold and mildew. 

4 (6) Ensuring the safety of drinking water at 

5 the tap in library facilities, which may include test6 ing of the potability of water at the tap for the pres7 ence of lead and other contaminants. 

8 (7) Making library facilities accessible to people 

9 with disabilities, including by ensuring compliance 

10 with the Americans with Disabilities Act of 1990 (42 

11 U.S.C. 12101 et seq.) and section 504 of the Reha12 bilitation Act of 1973 (29 U.S.C. 794). 

13 (8) Improving library facilities for the purposes 

14 of supporting place-based services or community15 based partnerships that provide library patrons with 

16 access to educational, workforce, behavioral health, 

17 mental health, and social services. 

18 (9) Assessing the condition of existing library 

19 facilities and the need for new or improved library 

20 facilities and developing facilities master plans. 

21 SEC. 5324. NEED-BASED GRANTS TO LIBRARIES. 

22 (a) GRANTS TO LIBRARIES.—From the amounts allo23 cated to a State under section 5323(a), the State library 

24 administrative agency shall award grants to libraries, on 


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1 a competitive basis, to carry out the activities described 

2 in paragraphs (1) through (9) of section 5323(d). 

3 (b) ELIGIBILITY.—To be eligible to receive a grant 

4 under this section, a library shall be— 

5 (1) a public library; 

6 (2) a tribal library; or 

7 (3) a State library or a State archive, with re8 spect to outlets and facilities that provide library 

9 service directly to the general public. 

10 (c) APPLICATION.—A library described in subsection 

11 (b) that desires to receive a grant under this section shall 

12 submit an application to the State library administrative 

13 agency at such time, in such manner, and containing such 

14 information as the State library administrative agency 

15 may require, including— 

16 (1) the information necessary for the State to 

17 make a determination of the library’s eligibility for 

18 the grant and priority under subsection (d); and 

19 (2) a description of the projects that the library 

20 plans to carry out with the grant, in accordance with 

21 paragraphs (1) through (9) of section 5323(d), in22 cluding— 

23 (A) the rationale the library used to select 

24 such project; and 


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1 (B) a description of how the library took 

2 into consideration the impacts of such projects 

3 on underserved or marginalized communities, 

4 including families with incomes below the pov5 erty line (as defined under section 673(2) of the 

6 Community Services Block Grant Act (42 

7 U.S.C. 9902(2)). 

8 (d) PRIORITY OF GRANTS.—In awarding grants 

9 under this section, the State— 

10 (1) shall give first priority to eligible libraries 

11 that demonstrate the greatest need for such a grant 

12 in order to plan for, and make long-term improve13 ments to, library facilities that predominantly pro14 vide service to underserved or marginalized commu15 nities, including families with incomes below the pov16 erty line (as defined under section 673(2) of the 

17 Community Services Block Grant Act (42 U.S.C. 

18 9902(2)); and 

19 (2) may additionally give priority to eligible li20 braries that will use the grant to— 

21 (A) make health, safety, resiliency, or 

22 emergency preparedness improvements to exist23 ing library facilities that pose a severe health or 

24 safety threat to library patrons or staff, which 

25 may include a threat posed by the proximity of 


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1 the facilities to toxic sites or the vulnerability of 

2 the facilities to natural disasters; 

3 (B) install or upgrade hardware that will 

4 improve access to high-speed broadband for li5 brary patrons of the library facilities; 

6 (C) improve access to existing library fa7 cilities for library patrons or staff with disabil8 ities; or 

9 (D) improve the energy efficiency of or re10 duce the carbon emissions or negative environ11 mental impacts resulting from the existing li12 brary facilities. 

13 (e) SUPPLEMENT NOT SUPPLANT.—A library shall 

14 use a grant received under this section only to supplement 

15 the level of Federal, State, and local public funds that 

16 would, in the absence of such grant, be made available 

17 for the activities supported by the grant, and not to sup18 plant such funds. 

19 SEC. 5325. ADMINISTRATION AND OVERSIGHT. 

20 (a) NO PROHIBITION AGAINST CONSTRUCTION.— 

21 Section 210A of the Museum and Library Services Act 

22 (20 U.S.C. 9109) shall not apply to this chapter. 

23 (b) NO MATCHING REQUIREMENT OR NONFEDERAL

24 SHARE.—Notwithstanding any other provision of law, a 

25 State, Indian Tribe, organization, library, or other entity 


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1 that receives funds under this chapter shall not be re2 quired to provide matching funds or a non-Federal share 

3 toward the cost of the activities carried out with the funds. 

4 (c) SUPPLEMENT NOT SUPPLANT.—A State shall use 

5 an allocation received under section 5323 only to supple6 ment the level of Federal, State, and local public funds 

7 that would, in absence of such allocation, be made avail8 able for the activities supported by the allocation, and not 

9 to supplant such funds. 

10 (d) ADMINISTRATIVE COSTS.—From the amount ap11 propriated under section 5326, the Director may allocate 

12 not more than 3 percent of such amount for program ad13 ministration, oversight activities, research, analysis, and 

14 data collection related to the purposes of the Build Amer15 ica’s Libraries Fund. 

16 (e) REPORTS.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this Act and annually 

19 thereafter until all funds provided under this chapter 

20 have been expended, the Director shall issue reports 

21 to the Committee on Appropriations and the Com22 mittee on Education and Labor of the House of 

23 Representatives and the Committee on Appropria24 tions and the Committee on Health, Education, 

25 Labor and Pensions of the Senate detailing how 


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1 funding under this chapter has been spent and its 

2 impact on improving library services in communities 

3 that are served, including underserved and 

4 marginalized populations, Indian Tribes, and Native 

5 Hawaiian communities, and shall make such reports 

6 publicly available on the website of the Institute of 

7 Museum and Library Services. 

8 (2) STATE REPORT.—A State that receives 

9 funds under this chapter shall, not later than 1 year 

10 after the date of enactment of this Act, and annually 

11 thereafter until all funds have been expended, sub12 mit a report to the Director at such time and in 

13 such manner as the Director may require. 

14 SEC. 5326. APPROPRIATION OF FUNDS. 

15 There is authorized to be appropriated, and there is 

16 appropriated, to carry out this chapter, $5,000,000,000, 

17 for the period of fiscal years 2021 through 2023, to re18 main available until expended. 

19 CHAPTER 3—HBCU, TCU, AND OTHER MI20 NORITY-SERVING INSTITUTION INFRA21 STRUCTURE 

22 SEC. 5331. CANCELLATION OF DEBT UNDER HBCU CAPITAL 

23 FINANCING PROGRAM. 

24 Not later than 30 days after the date of the enact25 ment of this Act, the Secretary of Education shall cancel 


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1 the obligation of each eligible institution (as defined in sec2 tion 342 of the Higher Education Act of 1965 (20 U.S.C. 

3 1066a)) to repay the balance of interest and principal due 

4 on each loan made under part D of title III of the Higher 

5 Education Act of 1965 (20 U.S.C. 1066 et seq.) before 

6 the date of the enactment of this Act. 

7 SEC. 5332. ADDITIONAL APPROPRIATIONS FOR THE HBCU 

8 HISTORIC PRESERVATION PROGRAM. 

9 (a) IN GENERAL.— 

10 (1) AMOUNTS APPROPRIATED.—There is appro11 priated to the Secretary of the Interior, out of 

12 amounts in the Treasury not otherwise appropriated, 

13 $250,000,000 for the period of fiscal years 2021 

14 through 2023, to provide additional allocations 

15 under section 507(d)(2) of the Omnibus Parks and 

16 Public Lands Management Act of 1996 (54 U.S.C. 

17 302101 note) for the purpose of preserving and re18 storing over 700 historic buildings and structures on 

19 the campuses of Historically Black Colleges and 

20 Universities on the National Register of Historic 

21 Places. 

22 (2) ALLOCATION OF FUNDS.—The Secretary 

23 shall allocate amounts provided under paragraph (1) 

24 to institutions in the same proportion as amounts 

25 are allocated under section 507(d) of the Omnibus 


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1 Parks and Public Lands Management Act of 1996 

2 (54 U.S.C. 302101 note). 

3 (b) APPLICABILITY OF TERMS AND CONDITIONS.— 

4 The terms and conditions that apply to grants under sec5 tion 507 of the Omnibus Parks and Public Lands Manage6 ment Act of 1996 (54 U.S.C. 302101 note) shall apply 

7 to grants made under this section. 

8 (c) GENERAL PROVISIONS.—Any amount appro9 priated under this section is in addition to other amounts 

10 appropriated or made available for the applicable purpose. 

11 SEC. 5333. FUNDING FOR CONSTRUCTION OF NEW FACILI12 TIES AT TCUS. 

13 (a) IN GENERAL.—Section 113 of the Tribally Con14 trolled Colleges and Universities Assistance Act of 1978 

15 (25 U.S.C. 1813) is amended to read as follows: 

16 ‘‘SEC. 113. CONSTRUCTION OF NEW FACILITIES. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) CONSTRUCTION.—The term ‘construction’ 

19 includes any effort to address the facility construc20 tion, maintenance, renovation, reconstruction, and 

21 replacement needs of a Tribal College or University. 

22 ‘‘(2) TRIBAL COLLEGE OR UNIVERSITY.—The 

23 term ‘Tribal College or University’ has the meaning 

24 given the term in section 316(b) of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1059c(b)). 


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1 ‘‘(b) GRANTS.— 

2 ‘‘(1) IN GENERAL.—With respect to any eligible 

3 Tribal College or University that identifies a need 

4 for construction, the Secretary shall, subject to the 

5 availability of appropriations, provide grants for that 

6 construction in accordance with this section. 

7 ‘‘(2) NAVAJO TRIBE.—Notwithstanding section 

8 114(a), the Navajo Tribe may receive grants under 

9 this section. 

10 ‘‘(c) APPLICATION.—Each Tribal College or Univer11 sity desiring a grant under this section shall submit an 

12 application to the Secretary at such time, in such manner, 

13 and containing such information as the Secretary may re14 quire. 

15 ‘‘(d) ELIGIBLE ACTIVITIES.—Activities eligible for a 

16 grant under this section shall be activities that address 

17 a wide variety of facilities and infrastructure needs, in18 cluding— 

19 ‘‘(1) building of new facilities, including— 

20 ‘‘(A) classrooms; 

21 ‘‘(B) administrative offices; 

22 ‘‘(C) libraries; 

23 ‘‘(D) health and cultural centers; 

24 ‘‘(E) day care centers; 

25 ‘‘(F) technology centers; 


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1 ‘‘(G) housing for students, faculty, and 

2 staff; and 

3 ‘‘(H) other education-related facilities; 

4 ‘‘(2) renovating or expanding existing or ac5 quired facilities; 

6 ‘‘(3) providing new and existing facilities with 

7 equipment, including— 

8 ‘‘(A) laboratory equipment; 

9 ‘‘(B) computer infrastructure and equip10 ment; 

11 ‘‘(C) broadband infrastructure and equip12 ment; 

13 ‘‘(D) library books; and 

14 ‘‘(E) furniture; and 

15 ‘‘(4) property acquisition. 

16 ‘‘(e) NO MATCHING REQUIREMENT.—A recipient of 

17 a grant under this section shall not be required to make 

18 a matching contribution for Federal amounts received.’’. 

19 (b) MISCELLANEOUS PROVISIONS.—Section 114 of 

20 the Tribally Controlled Colleges and Universities Assist21 ance Act of 1978 (25 U.S.C. 1814) is amended by striking 

22 subsection (a) and inserting the following: 

23 ‘‘(a) NAVAJO TRIBE.—Except as provided in section 

24 113(b)(2), the Navajo Tribe shall not be eligible to partici25 pate under the provisions of this title.’’. 


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1 (c) APPROPRIATIONS.—There is appropriated, out of 

2 amounts in the Treasury not otherwise appropriated, 

3 $1,500,000,000 to the Secretary of the Interior for the 

4 period of fiscal years 2021 through 2023 to provide grants 

5 under section 113 of the Tribally Controlled Colleges and 

6 Universities Assistance Act of 1978 (25 U.S.C. 1813). 

7 SEC. 5334. ADDITIONAL APPROPRIATIONS FOR HBCUS, 

8 TCUS, AND MINORITY-SERVING INSTITU9 TIONS. 

10 (a) IN GENERAL.— 

11 (1) AMOUNTS APPROPRIATED.—There is appro12 priated to the Secretary of Education, out of 

13 amounts in the Treasury not otherwise appropriated, 

14 $7,000,000,000 for the period of fiscal years 2021 

15 through 2023, to provide additional allocations 

16 under section 371 of the Higher Education Act of 

17 1965 (20 U.S.C. 1067q) for the purpose of address18 ing the facility, equipment, educational materials, 

19 and funds and administrative management needs of 

20 Historically Black Colleges and Universities, Tribal 

21 Colleges and Universities, and minority-serving insti22 tutions as described in paragraph (3). 

23 (2) ALLOCATION OF FUNDS.—The Secretary of 

24 Education shall allocate amounts provided under 

25 paragraph (1) to Historically Black Colleges and 


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1 Universities (within the meaning of the term ‘‘part 

2 B institution’’ under section 322 of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1061)), Hispanic4 serving institutions, Tribal Colleges and Universities, 

5 Alaska Native-serving institutions and Native Ha6 waiian-serving institutions, Predominantly Black in7 stitutions, Asian American and Native American Pa8 cific Islander-serving institutions, and Native Amer9 ican-serving nontribal institutions in the same pro10 portion as amounts are allocated under section 

11 371(b)(2) of the Higher Education Act of 1965 (20 

12 U.S.C. 1067q(b)(2)). 

13 (3) USES OF FUNDS.—Notwithstanding any 

14 other provision of law, amounts allocated under this 

15 section shall be made available as grants to be used 

16 only for any of the following uses: 

17 (A) Purchase, rental, or lease of scientific 

18 or laboratory equipment for educational pur19 poses, including instructional and research pur20 poses. 

21 (B) Construction, maintenance, renovation, 

22 and improvement in classroom, library, labora23 tory, and other instructional facilities, including 

24 purchase or rental of telecommunications tech25 nology equipment or services. 


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1 (C) Purchase of library books, periodicals, 

2 microfilm, and other educational materials, in3 cluding telecommunications program materials. 

4 (D) Funds and administrative manage5 ment, and acquisition of equipment for use in 

6 strengthening funds management. 

7 (E) Joint use of facilities, such as labora8 tories and libraries. 

9 (F) Acquisition of real property in connec10 tion with the construction, renovation, or addi11 tion to or improvement of campus facilities. 

12 (G) Creating or improving facilities for 

13 Internet or other distance education tech14 nologies, including purchase or rental of tele15 communications technology equipment or serv16 ices. 

17 (H) Other activities approved by the Sec18 retary to address infrastructure needs. 

19 (b) APPLICABILITY OF TERMS AND CONDITIONS.— 

20 Except as specified in subsection (a)(3), the terms and 

21 conditions that apply to grants under section 371 of the 

22 Higher Education Act of 1965 (20 U.S.C. 1067q) shall 

23 apply to grants made under this section. 


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1 (c) GENERAL PROVISIONS.—Any amount appro2 priated under this section is in addition to other amounts 

3 appropriated or made available for the applicable purpose. 

4 SEC. 5335. STUDY AND REPORT ON THE PHYSICAL CONDI5 TION OF HBCUS AND TCUS. 

6 (a) STUDY AND REPORT.—Not less frequently than 

7 once in each 5-year period beginning after the date of en8 actment of this Act, the Secretary of Education, acting 

9 through the Director of the Institute of Education 

10 Sciences, and in consultation with the Secretary of the In11 terior, shall— 

12 (1) carry out a comprehensive study of the 

13 physical conditions of all Historically Black Colleges 

14 and Universities (within the meaning of the term 

15 ‘‘part B institution’’ under section 322 of the High16 er Education Act of 1965 (20 U.S.C. 1061)) and 

17 Tribal Colleges and Universities (as defined in sec18 tion 316 of the Higher Education Act of 1965 (20 

19 U.S.C. 1059c)) in the United States; and 

20 (2) submit a report that includes the results of 

21 the study to the Committee on Appropriations, the 

22 Committee on Health, Education, Labor, and Pen23 sions, the Committee on Energy and Natural Re24 sources, the Committee on Agriculture, Nutrition, 

25 and Forestry, and the Committee on Commerce, 


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1 Science, and Transportation of the Senate, and the 

2 Committee on Appropriations, the Committee on 

3 Education and Labor, the Committee on Natural 

4 Resources, the Committee on Agriculture, and the 

5 Committee on Energy and Commerce of the House 

6 of Representatives. 

7 (b) ELEMENTS.—Each study and report under sub8 section (a) shall include an assessment of— 

9 (1) the impact of institutional facility conditions 

10 on student and staff health and safety; 

11 (2) the impact of institutional facility conditions 

12 on student academic outcomes; 

13 (3) the condition of institutional facilities, set 

14 forth separately by geographic region; and 

15 (4) the accessibility of institutional facilities for 

16 students and staff with disabilities. 

17 Subtitle D—Environmental Justice 

18 CHAPTER 1—DRINKING WATER AND 

19 CLEAN WATER PROGRAMS 

20 SEC. 5401. SEWER OVERFLOW AND STORMWATER REUSE 

21 MUNICIPAL GRANTS. 

22 Section 221 of the Federal Water Pollution Control 

23 Act (33 U.S.C. 1301) is amended— 

24 (1) in subsection (a)(1) — 


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1 (A) in subparagraph (A), by striking 

2 ‘‘and’’ at the end; 

3 (B) by redesignating subparagraph (B) as 

4 subparagraph (C); and 

5 (C) by inserting after subparagraph (A) 

6 the following: 

7 ‘‘(B) notification systems to inform the 

8 public of combined sewer or sanitary overflows 

9 that result in sewage being released into rivers 

10 and other waters; and’’; and 

11 (2) in subsection (f)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘There is’’ and insert14 ing ‘‘There are’’; 

15 (ii) by striking the period at the end 

16 and inserting ‘‘; and’’; 

17 (iii) by striking ‘‘this section 

18 $225,000,000’’ and inserting the following: 

19 ‘‘this section— 

20 ‘‘(A) $225,000,000’’; and 

21 (iv) by adding at the end the fol22 lowing: 

23 ‘‘(B) $400,000,000 for each of fiscal years 

24 2021 through 2023.’’; and 

25 (B) in paragraph (2)— 


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1 (i) by striking ‘‘To the extent’’ and in2 serting the following: 

3 ‘‘(A) GREEN INFRASTRUCTURE.—To the 

4 extent’’; and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(B) RURAL ALLOCATION.— 

8 ‘‘(i) DEFINITION OF RURAL AREA.— 

9 In this subparagraph, the term ‘rural area’ 

10 means a city, town, or unincorporated area 

11 that has a population of not more than 

12 10,000 inhabitants. 

13 ‘‘(ii) ALLOCATION.—To the extent 

14 there are sufficient eligible project applica15 tions, the Administrator shall ensure that 

16 a State uses not less than 20 percent of 

17 the amount of the grants made to the 

18 State under subsection (a) in a fiscal year 

19 to carry out projects in rural areas for the 

20 purpose of planning, design, and construc21 tion of— 

22 ‘‘(I) treatment works to inter23 cept, transport, control, treat, or 

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1 tary sewer overflows, or stormwater; 

2 or 

3 ‘‘(II) any other measures to man4 age, reduce, treat, or recapture 

5 stormwater or subsurface drainage 

6 water eligible for assistance under sec7 tion 603(c).’’. 

8 SEC. 5402. CLEAN WATER INFRASTRUCTURE RESILIENCY 

9 AND SUSTAINABILITY PROGRAM. 

10 Title II of the Federal Water Pollution Control Act 

11 (33 U.S.C. 1281 et seq.) is amended by adding at the end 

12 the following: 

13 ‘‘SEC. 222. CLEAN WATER INFRASTRUCTURE RESILIENCY 

14 AND SUSTAINABILITY PROGRAM. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means— 

18 ‘‘(A) a municipality; or 

19 ‘‘(B) an intermunicipal, interstate, or State 

20 agency. 

21 ‘‘(2) NATURAL HAZARD.—The term ‘natural 

22 hazard’ means a hazard caused by natural forces, in23 cluding extreme weather events, sea-level rise, and 

24 extreme drought conditions. 


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1 ‘‘(3) PROGRAM.—The term ‘program’ means 

2 the clean water infrastructure resilience and sustain3 ability program established under subsection (b). 

4 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

5 appropriations, the Administrator shall establish a clean 

6 water infrastructure resilience and sustainability program 

7 under which the Administrator shall award grants to eligi8 ble entities for the purpose of increasing the resilience of 

9 publicly owned treatment works to a natural hazard. 

10 ‘‘(c) USE OF FUNDS.—An eligible entity that receives 

11 a grant under the program shall use the grant funds for 

12 planning, designing, or constructing projects (on a system13 wide or area-wide basis and including upgrades and retro14 fits) that increase the resilience of a publicly owned treat15 ment works to a natural hazard through— 

16 ‘‘(1) the conservation of water; 

17 ‘‘(2) the enhancement of water use efficiency; 

18 ‘‘(3) the enhancement of wastewater and 

19 stormwater management by increasing watershed 

20 preservation and protection, including through the 

21 use of— 

22 ‘‘(A) natural and engineered green infra23 structure; and 

24 ‘‘(B) reclamation and reuse of wastewater 

25 and stormwater, such as aquifer recharge zones; 


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1 ‘‘(4) the modification or relocation of an exist2 ing publicly owned treatment works that is at risk 

3 of being significantly impaired or damaged by a nat4 ural hazard; 

5 ‘‘(5) the development and implementation of 

6 projects to increase the resilience of publicly owned 

7 treatment works to a natural hazard; or 

8 ‘‘(6) the enhancement of energy efficiency or 

9 the use and generation of recovered or renewable en10 ergy in the management, treatment, or conveyance 

11 of wastewater or stormwater. 

12 ‘‘(d) APPLICATION.—To be eligible to receive a grant 

13 under the program, an eligible entity shall submit to the 

14 Administrator an application at such time, in such man15 ner, and containing such information as the Administrator 

16 may require, including— 

17 ‘‘(1) a proposal of the project to be planned, de18 signed, or constructed using funds under the pro19 gram; 

20 ‘‘(2) an identification of the natural hazard risk 

21 to be addressed by the proposed project; 

22 ‘‘(3) documentation prepared by a Federal, 

23 State, regional, or local government agency of the 

24 natural hazard risk of the area where the proposed 

25 project is to be located; 


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1 ‘‘(4) a description of any recent natural hazard 

2 events that have affected the publicly owned treat3 ment works; 

4 ‘‘(5) a description of how the proposed project 

5 would improve the performance of the publicly 

6 owned treatment works under an anticipated natural 

7 hazard; and 

8 ‘‘(6) an explanation of how the proposed project 

9 is expected to enhance the resilience of the publicly 

10 owned treatment works to an anticipated natural 

11 hazard. 

12 ‘‘(e) GRANT AMOUNT AND OTHER FEDERAL RE13 QUIREMENTS.— 

14 ‘‘(1) COST SHARE.—Except as provided in 

15 paragraph (2), a grant under the program shall not 

16 exceed 75 percent of the total cost of the proposed 

17 project. 

18 ‘‘(2) EXCEPTION.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), a grant under the program 

21 shall not exceed 90 percent of the total cost of 

22 the proposed project if the project serves a com23 munity that— 

24 ‘‘(i) is disproportionately affected by 

25 toxic pollution; and 


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1 ‘‘(ii)(I) has a population of fewer than 

2 10,000 individuals; or 

3 ‘‘(II) meets the affordability criteria 

4 established by the State in which the com5 munity is located under section 603(i)(2). 

6 ‘‘(B) WAIVER.—At the discretion of the 

7 Administrator, a grant for a project described 

8 in subparagraph (A) may cover 100 percent of 

9 the total cost of the proposed project. 

10 ‘‘(3) REQUIREMENTS.—The requirements of 

11 section 608 shall apply to a project funded with a 

12 grant under the program. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(1) IN GENERAL.—There are authorized to be 

15 appropriated to carry out this section— 

16 ‘‘(A) $333,000,000 for each of fiscal years 

17 2021 and 2022; and 

18 ‘‘(B) $334,000,000 for fiscal year 2023. 

19 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

20 amounts made available for grants under paragraph 

21 (1), not more than 2 percent may be used to pay the 

22 administrative costs of the Administrator.’’. 


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1 SEC. 5403. GRANTS FOR CONSTRUCTION, REFURBISHING, 

2 AND SERVICING OF INDIVIDUAL HOUSEHOLD 

3 DECENTRALIZED WASTEWATER SYSTEMS 

4 FOR INDIVIDUALS WITH LOW OR MODERATE 

5 INCOME. 

6 Title II of the Federal Water Pollution Control Act 

7 (33 U.S.C. 1281 et seq.) (as amended by section 5402) 

8 is amended by adding at the end the following: 

9 ‘‘SEC. 223. GRANTS FOR CONSTRUCTION, REFURBISHING, 

10 AND SERVICING OF INDIVIDUAL HOUSEHOLD 

11 DECENTRALIZED WASTEWATER SYSTEMS 

12 FOR INDIVIDUALS WITH LOW OR MODERATE 

13 INCOME. 

14 ‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this 

15 section, the term ‘eligible individual’ means a member of 

16 a low-income or moderate-income household, the members 

17 of which have a combined income (for the most recent 12- 

18 month period for which information is available) equal to 

19 not more than 50 percent of the median nonmetropolitan 

20 household income for the State or territory in which the 

21 household is located, according to the most recent decen22 nial census. 

23 ‘‘(b) GRANT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—Subject to the availability 

25 of appropriations, the Administrator shall establish a 

26 program under which the Administrator shall proVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 vide grants to private nonprofit organizations for the 

2 purpose of improving general welfare by providing 

3 assistance to eligible individuals— 

4 ‘‘(A) for the construction, repair, or re5 placement of an individual household decentral6 ized wastewater treatment system; 

7 ‘‘(B) if the eligible individual resides in a 

8 household that could be cost-effectively con9 nected to an available publicly owned treatment 

10 works, for the connection of the household of 

11 the eligible individual to the publicly owned 

12 treatment works; or 

13 ‘‘(C) for the installation of a larger decen14 tralized wastewater system designed to provide 

15 treatment for two or more households in which 

16 eligible individuals reside, if— 

17 ‘‘(i) site conditions at the households 

18 are unsuitable for the installation of an in19 dividually owned decentralized wastewater 

20 system; 

21 ‘‘(ii) multiple examples of unsuitable 

22 site conditions exist in close geographic 

23 proximity to each other; and 


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1 ‘‘(iii) a larger decentralized waste2 water system could be cost-effectively in3 stalled. 

4 ‘‘(2) APPLICATION.—To be eligible to receive a 

5 grant under this subsection, a private nonprofit or6 ganization shall submit to the Administrator an ap7 plication at such time, in such manner, and con8 taining such information as the Administrator deter9 mines to be appropriate. 

10 ‘‘(3) PRIORITY.—In awarding grants under this 

11 subsection, the Administrator shall give priority to 

12 applicants that have substantial expertise and expe13 rience in promoting the safe and effective use of in14 dividual household decentralized wastewater systems. 

15 ‘‘(4) ADMINISTRATIVE EXPENSES.—A private 

16 nonprofit organization may use amounts provided 

17 under this subsection to pay the administrative ex18 penses associated with the provision of the services 

19 described in paragraph (1), as the Administrator de20 termines to be appropriate. 

21 ‘‘(c) ASSISTANCE.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

23 private nonprofit organization shall use a grant pro24 vided under subsection (b) for the services described 

25 in paragraph (1) of that subsection. 


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1 ‘‘(2) APPLICATION.—To be eligible to receive 

2 the services described in subsection (b)(1), an eligi3 ble individual shall submit to the private nonprofit 

4 organization serving the area in which the individual 

5 household decentralized wastewater system of the el6 igible individuals is, or is proposed to be, located an 

7 application at such time, in such manner, and con8 taining such information as the private nonprofit or9 ganization determines to be appropriate. 

10 ‘‘(3) PRIORITY.—In awarding assistance under 

11 this subsection, a private nonprofit organization 

12 shall give priority to any eligible individual who does 

13 not have access to a sanitary sewage disposal sys14 tem. 

15 ‘‘(d) REPORT.—Not later than 2 years after the date 

16 of enactment of this section, the Administrator shall sub17 mit to the Committee on Environment and Public Works 

18 of the Senate and the Committee on Transportation and 

19 Infrastructure of the House of Representatives a report 

20 describing the recipients of grants under the program 

21 under this section and the results of the program under 

22 this section. 

23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

24 ‘‘(1) IN GENERAL.—There is authorized to be 

25 appropriated to the Administrator to carry out this 


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1 section $50,000,000 for each of fiscal years 2021 

2 through 2023. 

3 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

4 amounts made available for grants under paragraph 

5 (1), not more than 2 percent may be used to pay the 

6 administrative costs of the Administrator.’’. 

7 SEC. 5404. CONNECTION TO PUBLICLY OWNED TREATMENT 

8 WORKS. 

9 Title II of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1281 et seq.) (as amended by section 5403) 

11 is amended by adding at the end the following: 

12 ‘‘SEC. 224. CONNECTION TO PUBLICLY OWNED TREATMENT 

13 WORKS. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 

17 ‘‘(A) an owner or operator of a publicly 

18 owned treatment works that assists or is seek19 ing to assist low-income or moderate-income in20 dividuals with connecting the household of the 

21 individual to the publicly owned treatment 

22 works; or 

23 ‘‘(B) a nonprofit entity that assists low-in24 come or moderate-income individuals with the 

25 costs associated with connecting the household 


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1 of the individual to a publicly owned treatment 

2 works. 

3 ‘‘(2) PROGRAM.—The term ‘program’ means 

4 the competitive grant program established under 

5 subsection (b). 

6 ‘‘(3) QUALIFIED INDIVIDUAL.—The term ‘quali7 fied individual’ has the meaning given the term ‘eli8 gible individual’ in section 603(j). 

9 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

10 appropriations, the Administrator shall establish a com11 petitive grant program with the purpose of improving gen12 eral welfare, under which the Administrator awards grants 

13 to eligible entities to provide funds to assist qualified indi14 viduals in covering the costs incurred by the qualified indi15 vidual in connecting the household of the qualified indi16 vidual to a publicly owned treatment works. 

17 ‘‘(c) APPLICATION.— 

18 ‘‘(1) IN GENERAL.—An eligible entity seeking a 

19 grant under the program shall submit to the Admin20 istrator an application at such time, in such manner, 

21 and containing such information as the Adminis22 trator may by regulation require. 

23 ‘‘(2) REQUIREMENT.—Not later than 90 days 

24 after the date on which the Administrator receives 

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1 graph (1), the Administrator shall notify the eligible 

2 entity of whether the Administrator will award a 

3 grant to the eligible entity under the program. 

4 ‘‘(d) SELECTION CRITERIA.—In selecting recipients 

5 of grants under the program, the Administrator shall use 

6 the following criteria: 

7 ‘‘(1) Whether the eligible entity seeking a grant 

8 provides services to, or works directly with, qualified 

9 individuals. 

10 ‘‘(2) Whether the eligible entity seeking a 

11 grant— 

12 ‘‘(A) has an existing program to assist in 

13 covering the costs incurred in connecting a 

14 household to a publicly owned treatment works; 

15 or 

16 ‘‘(B) seeks to create a program described 

17 in subparagraph (A). 

18 ‘‘(e) REQUIREMENTS.— 

19 ‘‘(1) VOLUNTARY CONNECTION.—Before pro20 viding funds to a qualified individual for the costs 

21 described in subsection (b), an eligible entity shall 

22 ensure that— 

23 ‘‘(A) the qualified individual has connected 

24 to the publicly owned treatment works volun25 tarily; and 


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1 ‘‘(B) if the eligible entity is not the owner 

2 or operator of the publicly owned treatment 

3 works to which the qualified individual has con4 nected, the publicly owned treatment works to 

5 which the qualified individual has connected has 

6 agreed to the connection. 

7 ‘‘(2) REIMBURSEMENTS FROM PUBLICLY

8 OWNED TREATMENT WORKS.—An eligible entity that 

9 is an owner or operator of a publicly owned treat10 ment works may reimburse a qualified individual 

11 that has already incurred the costs described in sub12 section (b) by— 

13 ‘‘(A) reducing the amount otherwise owed 

14 by the qualified individual to the owner or oper15 ator for wastewater or other services provided 

16 by the owner or operator; or 

17 ‘‘(B) providing a direct payment to the 

18 qualified individual. 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) IN GENERAL.—There is authorized to be 

21 appropriated to carry out the program $40,000,000 

22 for each of fiscal years 2021 through 2023. 

23 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

24 amounts made available for grants under paragraph 


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1 (1), not more than 2 percent may be used to pay the 

2 administrative costs of the Administrator.’’. 

3 SEC. 5405. WATER POLLUTION CONTROL REVOLVING LOAN 

4 FUND CAPITALIZATION GRANTS. 

5 Section 602(b) of the Federal Water Pollution Con6 trol Act (33 U.S.C. 1382(b)) is amended— 

7 (1) in paragraph (13)(B)— 

8 (A) in the matter preceding clause (i), by 

9 striking ‘‘and energy conservation’’ and insert10 ing ‘‘and efficient energy use (including through 

11 the implementation of technologies to recapture 

12 and reuse energy produced in the treatment of 

13 wastewater)’’; and 

14 (B) in clause (iii), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (14), by striking the period at 

17 the end and inserting ‘‘; and’’ ; and 

18 (3) by adding at the end the following: 

19 ‘‘(15) to the extent there are sufficient projects 

20 or activities eligible for assistance from the fund, 

21 with respect to funds for capitalization grants re22 ceived by the State under this title and section 

23 205(m), the State will use not less than 15 percent 

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1 structure, water or energy efficiency improvements, 

2 or other environmentally innovative activities.’’. 

3 SEC. 5406. WATER POLLUTION CONTROL REVOLVING LOAN 

4 FUNDS. 

5 Section 603(i) of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1383(i)) is amended— 

7 (1) in paragraph (1)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘, including forgiveness of prin10 cipal and negative interest loans’’ and inserting 

11 ‘‘(including in the form of forgiveness of prin12 cipal, negative interest loans, or grants)’’; and 

13 (B) in subparagraph (A)— 

14 (i) in the matter preceding clause (i), 

15 by striking ‘‘in assistance’’; and 

16 (ii) in clause (ii)(III), by striking ‘‘to 

17 such ratepayers’’ and inserting ‘‘to help 

18 such ratepayers maintain access to waste19 water and stormwater treatment services’’; 

20 and 

21 (2) by striking paragraph (3) and inserting the 

22 following: 

23 ‘‘(3) SUBSIDIZATION AMOUNTS.— 

24 ‘‘(A) IN GENERAL.—A State may use, for 

25 providing additional subsidization in a fiscal 


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1 year under this subsection, an amount that 

2 does not exceed— 

3 ‘‘(i) during each of fiscal years 2021 

4 through 2023, 40 percent of the total 

5 amount received by the State in capitaliza6 tion grants under this title for the fiscal 

7 year; and 

8 ‘‘(ii) during fiscal year 2024 and each 

9 fiscal year thereafter, 30 percent of the 

10 total amount received by the State in cap11 italization grants under this title for the 

12 fiscal year. 

13 ‘‘(B) MINIMUM.—To the extent there are 

14 sufficient applications for additional subsidiza15 tion under this subsection that meet the criteria 

16 under paragraph (1)(A), a State shall use, for 

17 providing additional subsidization in a fiscal 

18 year under this subsection, an amount that is 

19 not less than 10 percent of the total amount re20 ceived by the State in capitalization grants 

21 under this title for the fiscal year.’’. 


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1 SEC. 5407. AUTHORIZATION OF APPROPRIATIONS FOR 

2 WATER POLLUTION CONTROL STATE RE3 VOLVING FUNDS. 

4 Title VI of the Federal Water Pollution Control Act 

5 (33 U.S.C. 1381 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There is authorized to be appropriated to carry out 

9 this title $3,000,000,000 for each of fiscal years 2021 

10 through 2023.’’. 

11 SEC. 5408. BROWNFIELDS FUNDING. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 104(k)(13) of the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42 

15 U.S.C. 9604(k)(13)) is amended to read as follows: 

16 ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated to carry out 

18 this subsection— 

19 ‘‘(A) $350,000,000 for fiscal year 2021; 

20 ‘‘(B) $400,000,000 for fiscal year 2022; 

21 and 

22 ‘‘(C) $450,000,000 for fiscal year 2023.’’. 

23 (b) STATE RESPONSE PROGRAMS.—Section 

24 128(a)(3) of the Comprehensive Environmental Response, 

25 Compensation, and Liability Act of 1980 (42 U.S.C. 

26 9628(a)(3)) is amended to read as follows: 


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1 ‘‘(3) FUNDING.—There are authorized to be ap2 propriated to carry out this subsection— 

3 ‘‘(A) $70,000,000 for fiscal year 2021; 

4 ‘‘(B) $80,000,000 for fiscal year 2022; and 

5 ‘‘(C) $90,000,000 for fiscal year 2023.’’. 

6 SEC. 5409. TECHNICAL ASSISTANCE AND GRANTS FOR 

7 EMERGENCIES AFFECTING PUBLIC WATER 

8 SYSTEMS. 

9 Section 1442 of the Safe Drinking Water Act (42 

10 U.S.C. 300j–1) is amended— 

11 (1) in subsection (b), in the first sentence, by 

12 inserting ‘‘, including a threat to public health re13 sulting from contaminants, such as, but not limited 

14 to, heightened exposure to lead in drinking water’’ 

15 after ‘‘public health’’; 

16 (2) by striking subsection (d) and inserting the 

17 following: 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated to carry out subsection 

20 (b) $35,000,000 for each of fiscal years 2021 through 

21 2023.’’; 

22 (3) in subsection (e)(5), by striking ‘‘2015 

23 through 2020’’ and inserting ‘‘2021 through 2023’’; 

24 (4) by redesignating subsection (f) as sub25 section (g); and 


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1 (5) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) STATE-BASED NONPROFIT ORGANIZATIONS.— 

4 The Administrator may provide technical assistance con5 sistent with the authority provided under subsection (e) 

6 to State-based nonprofit organizations that are governed 

7 by community water systems.’’. 

8 SEC. 5410. GRANTS FOR STATE PROGRAMS. 

9 Section 1443(a)(7) of the Safe Drinking Water Act 

10 (42 U.S.C. 300j–2(a)(7)) is amended by striking ‘‘and 

11 2021’’ and inserting ‘‘through 2023’’. 

12 SEC. 5411. DRINKING WATER STATE REVOLVING LOAN 

13 FUNDS. 

14 (a) REAUTHORIZATIONS.—Section 1452 of the Safe 

15 Drinking Water Act (42 U.S.C. 300j–12) is amended— 

16 (1) in subsection (a)(4)(A), by striking ‘‘During 

17 fiscal years 2019 through 2023, funds’’ and insert18 ing ‘‘Funds’’; 

19 (2) in subsection (m)(1)— 

20 (A) in subparagraph (B), by striking 

21 ‘‘and’’; and 

22 (B) by striking subparagraph (C) and in23 serting the following: 

24 ‘‘(C) $3,000,000,000 for each of fiscal 

25 years 2021 and 2022; and 


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1 ‘‘(D) $4,000,000,000 for fiscal year 

2 2023.’’; and 

3 (3) in subsection (q), by striking ‘‘2016 through 

4 2021’’ and inserting ‘‘2021 through 2023’’. 

5 (b) ASSISTANCE FOR DISADVANTAGED COMMU6 NITIES.—Section 1452(d) of the Safe Drinking Water Act 

7 (42 U.S.C. 300j–12(d)) is amended— 

8 (1) in paragraph (1), by inserting ‘‘, grants, 

9 negative interest loans, other loan forgiveness, and 

10 through buying, refinancing, or restructuring debt’’ 

11 after ‘‘forgiveness of principal’’; and 

12 (2) in paragraph (2)(B), by striking ‘‘6 per13 cent’’ and inserting ‘‘20 percent’’. 

14 SEC. 5412. SOURCE WATER PETITION PROGRAM. 

15 Section 1454(a) of the Safe Drinking Water Act (42 

16 U.S.C. 300j–14(a)) is amended— 

17 (1) in paragraph (1)(A), in the matter pre18 ceding clause (i), by striking ‘‘political subdivision of 

19 a State,’’ and inserting ‘‘political subdivision of a 

20 State (including a county that is designated by the 

21 State to act on behalf of an unincorporated area 

22 within that county, with the agreement of that unin23 corporated area),’’; 

24 (2) in paragraph (4)(D)(i), by inserting ‘‘(in25 cluding a county that is designated by the State to 


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1 act on behalf of an unincorporated area within that 

2 county)’’ after ‘‘of the State’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(5) SAVINGS PROVISION.—Unless otherwise 

5 provided within the agreement, an agreement be6 tween an unincorporated area and a county for the 

7 county to submit a petition under paragraph (1)(A) 

8 on behalf of the unincorporated area shall not au9 thorize the county to act on behalf of the unincor10 porated area in any matter not within a program 

11 under this section.’’. 

12 SEC. 5413. ASSISTANCE FOR SMALL AND DISADVANTAGED 

13 COMMUNITIES. 

14 (a) EXISTING PROGRAMS.—Section 1459A of the 

15 Safe Drinking Water Act (42 U.S.C. 300j–19a) is amend16 ed— 

17 (1) in subsection (b)(2)— 

18 (A) in subparagraph (B), by striking 

19 ‘‘and’’ at the end; 

20 (B) in subparagraph (C), by striking the 

21 period at the end and inserting a semicolon; 

22 and 

23 (C) by adding at the end the following: 

24 ‘‘(D) the purchase of point-of-entry or 

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1 tified using science-based test methods for the 

2 removal of contaminants of concern; 

3 ‘‘(E) investments necessary for providing 

4 accurate and current information about— 

5 ‘‘(i) the need for filtration, filter safe6 ty, and proper maintenance practices; and 

7 ‘‘(ii) the options for replacing lead 

8 service lines (as defined section 1459B(a)) 

9 and removing other sources of lead in 

10 water; and 

11 ‘‘(F) entering into contracts with nonprofit 

12 organizations that have water system technical 

13 expertise to assist underserved communities. 

14 ‘‘(3) CONTRACTING PARTIES.—A contract de15 scribed in paragraph (2)(F) may be between a non16 profit organization described in that paragraph 

17 and— 

18 ‘‘(A) an eligible entity; or 

19 ‘‘(B) the State of an eligible entity, on be20 half of that eligible entity.’’; 

21 (2) in subsection (c), in the matter preceding 

22 paragraph (1), by striking ‘‘An eligible entity’’ and 

23 inserting ‘‘Except for purposes of subsections (j) and 

24 (m), an eligible entity’’; 


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1 (3) in subsection (g)(1), by striking ‘‘to pay not 

2 less than 45 percent’’ and inserting ‘‘except as pro3 vided in subsection (l)(5) and subject to subsection 

4 (h), to pay not less than 10 percent’’; 

5 (4) by striking subsection (h) and inserting the 

6 following: 

7 ‘‘(h) WAIVER.—The Administrator may waive the re8 quirement under subsection (g)(1).’’; 

9 (5) by striking subsection (k) and inserting the 

10 following: 

11 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out subsections 

13 (a) through (j) $300,000,000 for each of fiscal years 2021 

14 through 2023.’’; and 

15 (6) in subsection (l)— 

16 (A) in paragraph (2)— 

17 (i) by striking ‘‘The Administrator 

18 may’’ and inserting ‘‘The Administrator 

19 shall’’; and 

20 (ii) by striking ‘‘fiscal years 2019 and 

21 2020’’ and inserting ‘‘fiscal years 2021 

22 through 2023’’; 

23 (B) by striking paragraph (5) and insert24 ing the following: 


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1 ‘‘(5) FEDERAL SHARE FOR UNDERSERVED COM2 MUNITIES.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), with respect to a program or project 

5 that serves an underserved community and is 

6 carried out using a grant under this subsection, 

7 the Federal share of the cost of the program or 

8 project shall be 90 percent. 

9 ‘‘(B) WAIVER.—The Administrator may 

10 increase the Federal share under subparagraph 

11 (A)(ii) to 100 percent. 

12 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to carry out 

14 this subsection— 

15 ‘‘(A) $150,000,000 for each of fiscal years 

16 2021 and 2022; and 

17 ‘‘(B) $200,000,000 for fiscal year 2023.’’. 

18 (b) CONNECTION TO PUBLIC WATER SYSTEMS.— 

19 Section 1459A of the Safe Drinking Water Act (42 U.S.C. 

20 300j–19a) is amended by adding at the end the following: 

21 ‘‘(m) CONNECTION TO PUBLIC WATER SYSTEMS.— 

22 ‘‘(1) DEFINITIONS.—In this subsection: 

23 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi24 ble entity’ means— 


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1 ‘‘(i) an owner or operator of a public 

2 water system that assists or is seeking to 

3 assist eligible individuals with connecting 

4 the household of the eligible individual to 

5 the public water system; or 

6 ‘‘(ii) a nonprofit entity that assists or 

7 is seeking to assist eligible individuals with 

8 the costs associated with connecting the 

9 household of the eligible individual to a 

10 public water system. 

11 ‘‘(B) ELIGIBLE INDIVIDUAL.—The term 

12 ‘eligible individual’ has the meaning given the 

13 term in section 603(j) of the Federal Water 

14 Pollution Control Act (33 U.S.C. 1383(j)). 

15 ‘‘(C) PROGRAM.—The term ‘program’ 

16 means the competitive grant program estab17 lished under paragraph (2). 

18 ‘‘(2) ESTABLISHMENT.—Subject to the avail19 ability of appropriations, the Administrator shall es20 tablish a competitive grant program for the purpose 

21 of improving the general welfare under which the 

22 Administrator awards grants to eligible entities to 

23 provide funds to assist eligible individuals in cov24 ering the costs incurred by the eligible individual in 


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1 connecting the household of the eligible individual to 

2 a public water system. 

3 ‘‘(3) APPLICATION.—An eligible entity seeking 

4 a grant under the program shall submit to the Ad5 ministrator an application at such time, in such 

6 manner, and containing such information as the Ad7 ministrator may require. 

8 ‘‘(4) VOLUNTARY CONNECTION.—Before pro9 viding funds to an eligible individual for the costs 

10 described in paragraph (2), an eligible entity shall 

11 ensure that— 

12 ‘‘(A) the eligible individual is voluntarily 

13 seeking connection to the public water system; 

14 ‘‘(B) if the eligible entity is not the owner 

15 or operator of the public water system to which 

16 the eligible individual seeks to connect, the pub17 lic water system to which the eligible individual 

18 seeks to connect has agreed to the connection; 

19 and 

20 ‘‘(C) the connection of the household of the 

21 eligible individual to the public water system 

22 meets all applicable local and State regulations, 

23 requirements, and codes. 

24 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to carry out 


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1 the program $40,000,000 for each of fiscal years 

2 2021 through 2023.’’. 

3 (c) COMPETITIVE GRANT PILOT PROGRAM.—Section 

4 1459A of the Safe Drinking Water Act (42 U.S.C. 300j– 

5 19a) (as amended by subsection (b)) is amended by adding 

6 at the end the following: 

7 ‘‘(n) STATE COMPETITIVE GRANTS FOR UNDER8 SERVED COMMUNITIES.— 

9 ‘‘(1) IN GENERAL.—In addition to amounts au10 thorized to be appropriated under subsection (k), 

11 there is authorized to be appropriated to carry out 

12 subsections (a) through (j) $50,000,000 for each of 

13 fiscal years 2021 through 2023 in accordance with 

14 paragraph (2). 

15 ‘‘(2) COMPETITIVE GRANTS.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding any 

17 other provision of this section, the Adminis18 trator shall distribute amounts made available 

19 under paragraph (1) to States through a com20 petitive grant program. 

21 ‘‘(B) APPLICATIONS.—To seek a grant 

22 under the competitive grant program under 

23 subparagraph (A), a State shall submit to the 

24 Administrator an application at such time, in 


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1 such manner, and containing such information 

2 as the Administrator may require. 

3 ‘‘(C) PRIORITIZATION.—In selecting recipi4 ents of grants under the competitive grant pro5 gram under subparagraph (A), the Adminis6 trator shall give priority to States with a high 

7 proportion of underserved communities that 

8 meet the condition described in subsection 

9 (a)(2)(A). 

10 ‘‘(3) SAVINGS PROVISION.—Nothing in this 

11 paragraph affects the distribution of amounts made 

12 available under subsection (k), including any meth13 ods used by the Administrator for distribution of 

14 amounts made available under that subsection as in 

15 effect on the day before the date of enactment of 

16 this subsection.’’. 

17 SEC. 5414. REDUCING LEAD IN DRINKING WATER. 

18 Section 1459B of the Safe Drinking Water Act (42 

19 U.S.C. 300j–19b) is amended— 

20 (1) in subsection (d)— 

21 (A) by inserting ‘‘(except for subsection 

22 (d))’’ after ‘‘this section’’; and 

23 (B) by striking ‘‘$60,000,000 for each of 

24 fiscal years 2017 through 2021’’ and inserting 


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1 ‘‘$4,500,000,000 for each of fiscal years 2021 

2 through 2023’’; 

3 (2) by redesignating subsections (d) and (e) as 

4 subsections (f) and (g), respectively; and 

5 (3) by inserting after subsection (c) the fol6 lowing: 

7 ‘‘(d) LEAD MAPPING UTILIZATION GRANT PILOT

8 PROGRAM.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi11 ble entity’ means a municipality that is served 

12 by a community water system or a nontransient 

13 noncommunity water system in which not less 

14 than 30 percent of the service lines are known, 

15 or likely to contain, lead service lines. 

16 ‘‘(B) PILOT PROGRAM.—The term ‘pilot 

17 program’ means the pilot program established 

18 under paragraph (2). 

19 ‘‘(2) ESTABLISHMENT.—The Administrator 

20 shall establish a pilot program under which the Ad21 ministrator shall provide grants to eligible entities to 

22 carry out lead reduction projects that are dem23 onstrated to exist based on existing lead mapping of 

24 those eligible entities. 

25 ‘‘(3) SELECTION.— 


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1 ‘‘(A) APPLICATION.—To be eligible to re2 ceive a grant under the pilot program, an eligi3 ble entity shall submit to the Administrator an 

4 application at such time, in such manner, and 

5 containing such information as the Adminis6 trator may require. 

7 ‘‘(B) PRIORITIZATION.—In selecting recipi8 ents under the pilot program, the Administrator 

9 shall give priority to an eligible entity that 

10 meets the affordability criteria established by 

11 the applicable State. 

12 ‘‘(4) REPORT.—Not later 2 years after the Ad13 ministrator first awards a grant under the pilot pro14 gram, the Administrator shall submit to the Com15 mittee on Environment and Public Works of the 

16 Senate and the Committee on Energy and Com17 merce of the House of Representatives a report de18 scribing— 

19 ‘‘(A) the recipients of grants under the 

20 pilot program; 

21 ‘‘(B) the existing lead mapping that was 

22 available to recipients of grants under the pilot 

23 program; and 


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1 ‘‘(C) how useful and accurate the lead 

2 mapping described in subparagraph (B) was in 

3 locating lead contaminants of the eligible entity. 

4 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated to carry out 

6 the pilot program $10,000,000, to remain available 

7 until expended. 

8 ‘‘(e) COMPREHENSIVE LEAD REDUCTION

9 PROJECTS.— 

10 ‘‘(1) GRANTS.—The Administrator shall make 

11 grants available under this subsection to eligible en12 tities for comprehensive lead reduction projects that, 

13 notwithstanding any other provision in this section, 

14 fully replace all lead service lines served by the eligi15 ble entity, irrespective of the ownership of the serv16 ice line. 

17 ‘‘(2) PRIORITY.—In making grants under para18 graph (1), the Administrator shall give priority to el19 igible entities serving— 

20 ‘‘(A) disadvantaged communities in accord21 ance with subsection (b)(3); 

22 ‘‘(B) environmental justice communities 

23 with significant representation of communities 

24 of color or low-income communities; or 


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1 ‘‘(C) Tribal and indigenous communities 

2 that experience, or are at risk of experiencing, 

3 higher or more adverse human health or envi4 ronmental effects. 

5 ‘‘(3) NO COST-SHARING.—The Federal share of 

6 the cost of a project carried out pursuant to this 

7 subsection shall be 100 percent, and no individual 

8 homeowner shall be required to provide a contribu9 tion to the cost of replacement of any portion of a 

10 service line replaced using a grant under this sub11 section.’’. 

12 SEC. 5415. OPERATIONAL SUSTAINABILITY OF SMALL PUB13 LIC WATER SYSTEMS. 

14 Part E of the Safe Drinking Water Act (42 U.S.C. 

15 300j et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL 

18 PUBLIC WATER SYSTEMS. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en21 tity’ means— 

22 ‘‘(A) a unit of local government; 

23 ‘‘(B) a public corporation established by a 

24 unit of local government to provide water serv25 ice; 


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1 ‘‘(C) a nonprofit corporation, public trust, 

2 or cooperative association that owns or operates 

3 a public water system; and 

4 ‘‘(D) an Indian Tribe that owns or oper5 ates a public water system. 

6 ‘‘(2) OPERATIONAL SUSTAINABILITY.—The 

7 term ‘operational sustainability’ means the ability to 

8 improve the operation of a small system through the 

9 identification and prevention of potable water loss 

10 due to leaks, breaks, and other metering or infra11 structure failures. 

12 ‘‘(3) PROGRAM.—The term ‘program’ means 

13 the grant program established under subsection (b). 

14 ‘‘(4) SMALL SYSTEM.—The term ‘small system’ 

15 means a public water system that— 

16 ‘‘(A) serves fewer than 10,000 people; and 

17 ‘‘(B) is owned or operated by— 

18 ‘‘(i) a unit of local government; 

19 ‘‘(ii) a public corporation; 

20 ‘‘(iii) a nonprofit corporation; 

21 ‘‘(iv) a public trust; 

22 ‘‘(v) a cooperative association; or 

23 ‘‘(vi) an Indian Tribe. 

24 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

25 appropriations, the Administrator shall establish a proVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 gram to award grants to eligible entities for the purpose 

2 of improving the operational sustainability of one or more 

3 small systems. 

4 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

5 under the program, an eligible entity shall submit to the 

6 Administrator an application at such time, in such man7 ner, and containing such information as the Administrator 

8 may require, including— 

9 ‘‘(1) a proposal of the project to be carried out 

10 using grant funds under the program; 

11 ‘‘(2) documentation prepared by the eligible en12 tity describing the deficiencies or suspected defi13 ciencies in operational sustainability of one or more 

14 small systems that are to be addressed through the 

15 proposed project; 

16 ‘‘(3) a description of how the proposed project 

17 will improve the operational sustainability of one or 

18 more small systems; 

19 ‘‘(4) a description of how the improvements de20 scribed in paragraph (3) will be maintained beyond 

21 the life of the proposed project, including a plan to 

22 maintain and update any asset data collected as a 

23 result of the proposed project; 

24 ‘‘(5)(A) if the eligible entity is located in a 

25 State that has established a State drinking water 


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1 treatment revolving loan fund under section 1452, a 

2 copy of a written agreement between the eligible en3 tity and the State in which the eligible entity agrees 

4 to provide a copy of any data collected under the 

5 proposed project to the State agency administering 

6 the State drinking water treatment revolving loan 

7 fund (or a designee); or 

8 ‘‘(B) if the eligible entity is located in an area 

9 other than a State that has established a State 

10 drinking water treatment revolving loan fund under 

11 section 1452, a copy of a written agreement between 

12 the eligible entity and the Administrator in which 

13 the eligible entity agrees to provide a copy of any 

14 data collected under the proposed project to the Ad15 ministrator (or a designee); and 

16 ‘‘(6) any additional information the Adminis17 trator may require. 

18 ‘‘(d) USE OF FUNDS.—An eligible entity that receives 

19 a grant under the program shall use the grant funds to 

20 carry out projects that improve the operational sustain21 ability of one or more small systems through— 

22 ‘‘(1) the development of a detailed asset inven23 tory, which may include drinking water sources, 

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1 tion lines, hydrants, pumps, controls, and other es2 sential infrastructure; 

3 ‘‘(2) the development of an infrastructure asset 

4 map, including a map that uses technology such 

5 as— 

6 ‘‘(A) geographic information system soft7 ware; and 

8 ‘‘(B) global positioning system software; 

9 ‘‘(3) the deployment of leak detection tech10 nology; 

11 ‘‘(4) the deployment of metering technology; 

12 ‘‘(5) training in asset management strategies, 

13 techniques, and technologies appropriate staff em14 ployed by— 

15 ‘‘(A) the eligible entity; or 

16 ‘‘(B) the small systems for which the grant 

17 was received; and 

18 ‘‘(6) the development or deployment of other 

19 strategies, techniques, or technologies that the Ad20 ministrator may determine to be appropriate under 

21 the program. 

22 ‘‘(e) COST SHARE.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Federal share of the cost of a project carried out 


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1 using a grant under the program shall be 90 percent 

2 of the total cost of the project. 

3 ‘‘(2) WAIVER.—The Administrator may in4 crease the Federal share under paragraph (1) to 100 

5 percent. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section 

8 $10,000,000 for each of fiscal years 2021 through 2023.’’. 

9 SEC. 5416. DRINKING WATER SYSTEM INFRASTRUCTURE 

10 RESILIENCE AND SUSTAINABILITY PROGRAM. 

11 Part E of the Safe Drinking Water Act (42 U.S.C. 

12 300j et seq.) (as amended by section 5415) is amended 

13 by adding at the end the following: 

14 ‘‘SEC. 1459F. DRINKING WATER SYSTEM INFRASTRUCTURE 

15 RESILIENCE AND SUSTAINABILITY PROGRAM. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) NATURAL HAZARD; RESILIENCE.—The 

18 terms ‘resilience’ and ‘natural hazard’ have the 

19 meanings given those terms in section 1433(h). 

20 ‘‘(2) RESILIENCE AND SUSTAINABILITY PRO21 GRAM.—The term ‘resilience and sustainability pro22 gram’ means the Drinking Water System Infrastruc23 ture Resilience and Sustainability Program estab24 lished under subsection (b). 


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1 ‘‘(b) ESTABLISHMENT.—The Administrator shall es2 tablish and carry out a program, to be known as the 

3 ‘Drinking Water System Infrastructure Resilience and 

4 Sustainability Program’, under which the Administrator, 

5 subject to the availability of appropriations for the resil6 ience and sustainability program, shall award grants to 

7 public water systems for the purpose of increasing resil8 ience to natural hazards. 

9 ‘‘(c) USE OF FUNDS.—A public water system may 

10 only use grant funds received under the resilience and sus11 tainability program to assist in the planning, design, con12 struction, implementation, operation, or maintenance of a 

13 program or project that increases resilience to natural 

14 hazards through— 

15 ‘‘(1) the conservation of water or the enhance16 ment of water-use efficiency; 

17 ‘‘(2) the modification or relocation of existing 

18 drinking water system infrastructure made, or that 

19 is at risk of being, significantly impaired by natural 

20 hazards, including risks to drinking water from 

21 flooding; 

22 ‘‘(3) the design or construction of new or modi23 fied desalination facilities to serve existing commu24 nities; 


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1 ‘‘(4) the enhancement of water supply through 

2 the use of watershed management and source water 

3 protection; 

4 ‘‘(5) the enhancement of energy efficiency or 

5 the use and generation of renewable energy in the 

6 conveyance or treatment of drinking water; or 

7 ‘‘(6) the development and implementation of 

8 measures to increase the resilience of the public 

9 water system to natural hazards. 

10 ‘‘(d) APPLICATION.—To seek a grant under the resil11 ience and sustainability program, a public water system 

12 shall submit to the Administrator an application at such 

13 time, in such manner, and containing such information as 

14 the Administrator may require, including— 

15 ‘‘(1) a proposal of the program or project to be 

16 planned, designed, constructed, implemented, oper17 ated, or maintained by the public water system; 

18 ‘‘(2) an identification of the natural hazard risk 

19 to be addressed by the proposed program or project; 

20 ‘‘(3) documentation prepared by a Federal, 

21 State, regional, or local government agency of the 

22 natural hazard risk to the area where the proposed 

23 program or project is to be located; 

24 ‘‘(4) a description of any recent natural hazard 

25 events that have affected the public water system; 


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1 ‘‘(5) a description of how the proposed program 

2 or project would improve the performance of the 

3 public water system under the anticipated natural 

4 hazards; and 

5 ‘‘(6) an explanation of how the proposed pro6 gram or project is expected to enhance the resilience 

7 of the public water system to the anticipated natural 

8 hazards. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out the resil11 ience and sustainability program— 

12 ‘‘(1) $150,000,000 for each of fiscal years 2021 

13 and 2022; and 

14 ‘‘(2) $200,000,000 for fiscal year 2023.’’. 

15 SEC. 5417. NEEDS ASSESSMENT FOR NATIONWIDE RURAL 

16 AND URBAN LOW-INCOME COMMUNITY 

17 WATER ASSISTANCE. 

18 Part E of the Safe Drinking Water Act (42 U.S.C. 

19 300j et seq.) (as amended by section 5416) is amended 

20 by adding at the end the following: 

21 ‘‘SEC. 1459G. NEEDS ASSESSMENT FOR NATIONWIDE RURAL 

22 AND URBAN LOW-INCOME COMMUNITY 

23 WATER ASSISTANCE. 

24 ‘‘(a) DEFINITION OF LOW-INCOME HOUSEHOLD.—In 

25 this section, the term ‘low-income household’ means a 


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1 household that has an income that, as determined by the 

2 State in which the household is located, does not exceed 

3 the greater of— 

4 ‘‘(1) an amount equal to 150 percent of the 

5 poverty level of that State; and 

6 ‘‘(2) an amount equal to 60 percent of the 

7 State median income for that State. 

8 ‘‘(b) STUDY; REPORT.— 

9 ‘‘(1) IN GENERAL.—Subject to the availability 

10 of appropriations, not later than 2 years after the 

11 date of enactment of this section, the Administrator 

12 shall conduct, and submit to Congress a report de13 scribing the results of, a study regarding the preva14 lence throughout the United States of low-income 

15 households, including low-income renters, that do 

16 not have access to affordable public drinking water 

17 services to meet household needs. 

18 ‘‘(2) INCLUSIONS.—The report under para19 graph (1) shall include— 

20 ‘‘(A) recommendations of the Adminis21 trator regarding the best methods to increase 

22 access to affordable and reliable drinking water 

23 services; 

24 ‘‘(B) a description of the cost of each 

25 method described in subparagraph (A); 


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1 ‘‘(C) an examination of, to the extent fea2 sible— 

3 ‘‘(i) levels of household water debt 

4 during the 5-year period ending on the 

5 date on which the report is published; 

6 ‘‘(ii) rates of water shutoffs during 

7 that period; 

8 ‘‘(iii) durations of those water shut9 offs during that period; and 

10 ‘‘(iv) actions of utilities and jurisdic11 tions, as applicable, during that period 

12 against households with water debt, includ13 ing property liens and foreclosures; and 

14 ‘‘(D) with respect to the development of 

15 the report, a consultation with all relevant 

16 stakeholders. 

17 ‘‘(3) AGREEMENTS.—The Administrator may 

18 enter into an agreement with another Federal agen19 cy to carry out the study under paragraph (1). 

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to carry out this section 

22 $5,000,000, to remain available until expended.’’. 


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1 SEC. 5418. LEAD CONTAMINATION IN SCHOOL DRINKING 

2 WATER. 

3 Section 1464 of the Safe Drinking Water Act (42 

4 U.S.C. 300j–24) is amended— 

5 (1) in subsection (b)— 

6 (A) in the first sentence, by inserting 

7 ‘‘public water systems and’’ after ‘‘to assist’’; 

8 (B) in the third sentence, by inserting 

9 ‘‘public water systems,’’ after ‘‘schools,’’; and 

10 (C) in the sixth sentence, by striking 

11 ‘‘within 100 days after the enactment of this 

12 section’’ and inserting ‘‘not later than 100 days 

13 after the date of enactment of the Economic 

14 Justice Act’’; and 

15 (2) in subsection (d)— 

16 (A) in paragraph (2)— 

17 (i) in subparagraph (A)— 

18 (I) by inserting ‘‘, public water 

19 systems that serve schools and child 

20 care programs under the jurisdiction 

21 of those local educational agencies, 

22 and qualified nonprofit organizations’’ 

23 before ‘‘in voluntary’’; 

24 (II) by striking the period at the 

25 end and inserting ‘‘; and’’; 


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1 (III) by striking ‘‘grants avail2 able to States’’ and inserting the fol3 lowing: ‘‘grants available to— 

4 ‘‘(i) States’’; and 

5 (IV) by adding at the end the fol6 lowing: 

7 ‘‘(ii) tribal consortia to assist tribal 

8 education agencies (as defined in section 3 

9 of the National Environmental Education 

10 Act (20 U.S.C. 5502)) in voluntary testing 

11 for lead contamination in drinking water at 

12 schools and child care programs under the 

13 jurisdiction of the tribal education agen14 cy.’’; 

15 (ii) in subparagraph (B)— 

16 (I) in clause (i), by striking ‘‘or’’ 

17 at the end; 

18 (II) in clause (ii), by striking the 

19 period at the end and inserting a 

20 semicolon; and 

21 (III) by adding at the end the 

22 following: 

23 ‘‘(iii) any public water system that is 

24 located in a State that does not participate 


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1 in the voluntary grant program established 

2 under subparagraph (A) that— 

3 ‘‘(I) assists schools or child care 

4 programs in lead testing; or 

5 ‘‘(II) provides technical assist6 ance to schools or child care programs 

7 in carrying out lead testing; or 

8 ‘‘(iv) a qualified nonprofit organiza9 tion, as determined by the Administrator.’’; 

10 (B) in paragraphs (3), (5), (6), and (7), by 

11 striking ‘‘State or local educational agency’’ 

12 each place it appears and inserting ‘‘State, local 

13 educational agency, public water system, tribal 

14 consortium, or qualified nonprofit organiza15 tion’’; 

16 (C) in paragraph (4), by striking ‘‘States 

17 and local educational agencies’’ and inserting 

18 ‘‘States, local educational agencies, public water 

19 systems, tribal consortia, and qualified non20 profit organizations’’; 

21 (D) in paragraph (6)— 

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1 profit organization’’ after ‘‘each local edu2 cational agency’’; 

3 (ii) in subparagraph (A)(ii), by insert4 ing ‘‘or tribal’’ after ‘‘applicable State’’; 

5 and 

6 (iii) in subparagraph (B)(i), by insert7 ing ‘‘applicable’’ before ‘‘local educational 

8 agency’’; and 

9 (E) in paragraph (8), by striking ‘‘2020 

10 and 2021’’ and inserting ‘‘2021 through 2023’’. 

11 SEC. 5419. INDIAN RESERVATION DRINKING WATER PRO12 GRAM. 

13 Section 2001 of the America’s Water Infrastructure 

14 Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115– 

15 270) is amended— 

16 (1) in subsection (a)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘Subject to the availability of appro19 priations, the Administrator of the Environ20 mental Protection Agency’’ and inserting ‘‘The 

21 Administrator of the Environmental Protection 

22 Agency (referred to in this section as the ‘Ad23 ministrator’)’’; and 

24 (B) by striking ‘‘to implement’’ in the mat25 ter preceding paragraph (1) and all that follows 


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1 through the period at the end of paragraph (2) 

2 and inserting ‘‘to implement eligible projects 

3 described in subsection (b).’’; 

4 (2) by redesignating subsection (d) as sub5 section (e); 

6 (3) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) FEDERAL SHARE.—The Federal share of the 

9 cost of a project carried out under this section shall be 

10 100 percent.’’; and 

11 (4) in subsection (e) (as so redesignated)— 

12 (A) by striking ‘‘There is’’ and inserting 

13 ‘‘There are’’; 

14 (B) by striking ‘‘subsection (a) 

15 $20,000,000’’ and inserting the following: ‘‘sub16 section (a)— 

17 ‘‘(1) $20,000,000’’; 

18 (C) in paragraph (1) (as so designated), by 

19 striking ‘‘2022’’ and inserting ‘‘2020’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(2) $50,000,000 for each of fiscal years 2021 

22 through 2023.’’. 


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1 SEC. 5420. WATER INFRASTRUCTURE AND WORKFORCE IN2 VESTMENT. 

3 Section 4304 of the America’s Water Infrastructure 

4 Act of 2018 (42 U.S.C. 300j–19e) is amended— 

5 (1) in subsection (a)(3)(B), by inserting ‘‘and 

6 public works departments and agencies’’ after ‘‘orga7 nizations’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘institutions—’’ and 

12 inserting ‘‘institutions, or public works de13 partments and agencies—’’; and 

14 (ii) in subparagraph (A)(ii), by insert15 ing ‘‘for entities that are not public works 

16 departments and agencies,’’ before ‘‘work17 ing’’; 

18 (B) in paragraph (4)— 

19 (i) by striking ‘‘There is’’ and insert20 ing the following: 

21 ‘‘(A) IN GENERAL.—There is’’; 

22 (ii) in subparagraph (A) (as so des23 ignated), by striking ‘‘$1,000,000 for each 

24 of fiscal years 2019 and 2020’’ and insert25 ing ‘‘$100,000,000 for each of fiscal years 

26 2021 through 2023’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(B) SENSE OF THE SENATE.—It is the 

4 sense of the Senate that, of the funds made 

5 available under subparagraph (A) each fiscal 

6 year, not less than 40 percent should be used 

7 to provide grants that would serve— 

8 ‘‘(i) low-income individuals; and 

9 ‘‘(ii) underserved communities (as de10 fined in section 1459A of the Safe Drink11 ing Water Act (42 U.S.C. 300j–19a(a))).’’; 

12 (3) by redesignating subsections (a) and (b) as 

13 subsections (b) and (c), respectively; and 

14 (4) by inserting before subsection (b) (as so re15 designated) the following: 

16 ‘‘(a) DEFINITION OF PUBLIC WORKS DEPARTMENT

17 OR AGENCY.—In this section, the term ‘public works de18 partment or agency’ means a political subdivision of a 

19 local, county, or regional government that designs, builds, 

20 operates, and maintains water infrastructure, sewage and 

21 refuse disposal systems, and other public water systems 

22 and facilities.’’. 


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1 SEC. 5421. SMALL AND DISADVANTAGED COMMUNITY 

2 ANALYSIS. 

3 (a) ANALYSIS.—Not later than 1 year after the date 

4 of enactment of this Act, using environmental justice data 

5 of the Environmental Protection Agency, including data 

6 from the environmental justice mapping and screen tool 

7 of the Environmental Protection Agency, the Adminis8 trator of the Environmental Protection Agency (referred 

9 to in this section as the ‘‘Administrator’’) shall carry out 

10 an analysis under which the Administrator shall assess the 

11 programs under title VI of the Federal Water Pollution 

12 Control Act (33 U.S.C. 1381 et seq.) and section 1452 

13 of the Safe Drinking Water Act (42 U.S.C. 300j–12) to 

14 identify historical distributions of funds to small and dis15 advantaged communities and new opportunities and meth16 ods to improve on the distribution of funds under those 

17 programs to low-income communities, rural communities, 

18 minority communities, and communities of indigenous 

19 peoples, in accordance with Executive Order 12898 (42 

20 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating to Federal 

21 actions to address environmental justice in minority popu22 lations and low-income populations)). 

23 (b) REPORT.—On completion of the analysis under 

24 subsection (a), the Administrator shall submit to the Com25 mittee on Environment and Public Works of the Senate 

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1 portation and Infrastructure of the House of Representa2 tives a report describing— 

3 (1) the results of the analysis; and 

4 (2) the criteria the Administrator used in car5 rying out the analysis. 

6 SEC. 5422. MAPPING AND SCREENING TOOL. 

7 The Administrator of the Environmental Protection 

8 Agency shall continue to update, on an annual basis, and 

9 make available to the public EJSCREEN or an equivalent 

10 environmental justice mapping and screening tool, which 

11 shall include information on public water systems (as de12 fined in section 1401 of the Safe Drinking Water Act (42 

13 U.S.C. 300f)), self-supplied communities (such as State 

14 and small and domestic well communities), the presence 

15 of toxic water at the household and system level, and water 

16 affordability. 

17 SEC. 5423. EMERGENCY HOUSEHOLD WATER AND WASTE18 WATER ASSISTANCE PROGRAM. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency. 

23 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 

24 The term ‘‘COVID–19 public health emergency’’ 

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1 tion 1135(g)(1)(B)(i) of the Social Security Act (42 

2 U.S.C. 1320b–5(g)(1)(B)(i)). 

3 (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

4 household’’ means— 

5 (A) a household that— 

6 (i) is economically affected by the 

7 COVID–19 public health emergency; and 

8 (ii) has applied for and been deemed 

9 eligible for assistance under this section; or 

10 (B) a low-income household, as determined 

11 by an eligible utility under subsection (h), that 

12 has applied for and been deemed eligible for as13 sistance under this section. 

14 (4) ELIGIBLE UTILITY.—The term ‘‘eligible 

15 utility’’ means an owner or operator of— 

16 (A) a community water system (as defined 

17 in section 1401 of the Safe Drinking Water Act 

18 (42 U.S.C. 300f)); or 

19 (B) a treatment works (as defined in sec20 tion 212 of the Federal Water Pollution Control 

21 Act (33 U.S.C. 1292)) for municipal waste. 

22 (5) EMERGENCY PERIOD.—The term ‘‘emer23 gency period’’ means the emergency period described 

24 in section 1135(g)(1)(B) of the Social Security Act 

25 (42 U.S.C. 1320b–5(g)(1)(B)). 


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1 (6) GRANTING ENTITY.—The term ‘‘granting 

2 entity’’ means— 

3 (A) with respect to a grant to an eligible 

4 utility under subsection (b)(2), the Adminis5 trator; and 

6 (B) with respect to a grant to an eligible 

7 utility pursuant to subsection (c)(1), the State 

8 or Indian Tribe making the grant, as applica9 ble. 

10 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 means any Indian Tribe, band, group, or community 

12 recognized by the Secretary of the Interior and exer13 cising governmental authority over a Federal Indian 

14 reservation. 

15 (8) MUNICIPALITY.—The term ‘‘municipality’’ 

16 has the meaning given the term in section 502 of the 

17 Federal Water Pollution Control Act (33 U.S.C. 

18 1362). 

19 (9) STATE.—The term ‘‘State’’ means— 

20 (A) each of the several States; 

21 (B) the District of Columbia; 

22 (C) the Commonwealth of Puerto Rico; 

23 (D) the United States Virgin Islands; 

24 (E) Guam; 

25 (F) American Samoa; and 


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1 (G) the Commonwealth of the Northern 

2 Mariana Islands. 

3 (b) ESTABLISHMENT.—The Administrator shall es4 tablish an emergency household water and wastewater as5 sistance program under which the Administrator shall— 

6 (1) not later than 45 days after the date of en7 actment of this Act and during each of fiscal years 

8 2022 and 2023, make grants to States and Indian 

9 Tribes; and 

10 (2) make grants to eligible utilities. 

11 (c) USE OF FUNDS.— 

12 (1) GRANTS TO STATES AND INDIAN TRIBES.— 

13 A State or Indian Tribe receiving a grant under sub14 section (b)(1) shall use the funds received under the 

15 grant to make grants to eligible utilities. 

16 (2) GRANTS TO ELIGIBLE UTILITIES.—An eligi17 ble utility receiving a grant from a State or Indian 

18 Tribe under paragraph (1) or receiving a grant from 

19 the Administrator under subsection (b)(2) shall use 

20 the amounts received under the grant— 

21 (A) to provide rate assistance to eligible 

22 households; 

23 (B) for ongoing operation and maintenance 

24 activities affected by a loss of revenue from eli25 gible households; and 


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1 (C) to the extent practicable with any 

2 funds remaining after carrying out subpara3 graphs (A) and (B), to cancel water debts for 

4 eligible households that accrued during the 5- 

5 year period ending on the date that is the first 

6 day of the emergency period. 

7 (d) APPLICATIONS.—Each eligible utility seeking to 

8 receive a grant under or pursuant to this section shall sub9 mit an application to the Administrator, State, or Indian 

10 Tribe, as applicable, at such time, in such manner, and 

11 containing such information as the Administrator shall re12 quire. 

13 (e) CONDITIONS.— 

14 (1) MINIMUM REQUIREMENTS.—An eligible util15 ity that receives a grant under or pursuant to this 

16 section shall— 

17 (A) certify to the granting entity that it 

18 has conducted outreach activities designed to 

19 ensure that eligible households are made aware 

20 of the assistance available pursuant to this sec21 tion, including by partnering with nonprofit or22 ganizations that serve low-income households; 

23 (B) identify and submit to the granting en24 tity a report describing— 


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1 (i) how many eligible households were 

2 identified; 

3 (ii) the level of subsidy needed to pro4 vide assistance to all of the eligible house5 holds described in clause (i); and 

6 (iii) how the granted funds were used 

7 to benefit eligible households; and 

8 (C) establish procedures— 

9 (i) to notify each eligible household re10 ceiving assistance pursuant to this section 

11 of the amount of that assistance; and 

12 (ii) to ensure that the eligible utility 

13 charges an eligible household, in the nor14 mal billing process not more than the dif15 ference between— 

16 (I) the actual cost of the drinking 

17 water or wastewater service provided 

18 to the eligible household; and 

19 (II) the amount of the assistance 

20 provided. 

21 (2) CONTINUITY OF WATER AND WASTEWATER

22 SERVICES.—An eligible utility that receives a grant 

23 under or pursuant to this section shall ensure that— 

24 (A) no service provided by the eligible util25 ity to an individual or household is disconnected 


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1 or interrupted during the COVID–19 public 

2 health emergency due to nonpayment; and 

3 (B) during the emergency period and the 

4 1-year period beginning on the day after the 

5 date on which the emergency period terminates, 

6 no eligible household is charged— 

7 (i) a late fee for an unpaid bill for 

8 service provided by the eligible utility; or 

9 (ii) a reconnection fee for a shutoff 

10 that occurred during the emergency period. 

11 (3) HOUSEHOLD DOCUMENTATION REQUIRE12 MENTS.—An eligible utility that receives a grant 

13 under or pursuant to this section shall— 

14 (A) to the maximum extent practicable, 

15 seek to limit the income history documentation 

16 requirements for determining whether a house17 hold is considered to be economically affected 

18 by the COVID–19 public health emergency or a 

19 low-income household for the purposes of this 

20 section; and 

21 (B) for the purposes of income eligibility, 

22 accept proof of job loss or severe income loss 

23 dated after February 29, 2020, such as a layoff 

24 or furlough notice or verification of application 

25 for unemployment benefits, as sufficient to 


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1 demonstrate lack of income for an individual or 

2 household. 

3 (f) AUDITS.—The Administrator shall require each 

4 State, Indian Tribe, and eligible utility receiving a grant 

5 under or pursuant to this section to undertake periodic 

6 audits and evaluations of expenditures made by the State, 

7 Indian Tribe, or eligible utility, as applicable, pursuant to 

8 this section. 

9 (g) GUIDELINES.— 

10 (1) IN GENERAL.—Not later than 45 days after 

11 the date of enactment of this Act, the Administrator 

12 shall issue guidelines for complying with the require13 ments of this section, including guidelines for— 

14 (A) identifying households that are— 

15 (i) economically affected by the 

16 COVID–19 public health emergency; or 

17 (ii) low-income households; and 

18 (B) conducting any required audits and 

19 evaluations. 

20 (2) CONSULTATION.—In issuing guidelines 

21 under paragraph (1), the Administrator shall consult 

22 with the Secretary of Health and Human Services, 

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1 ties, and nonprofit organizations that serve low-in2 come households. 

3 (h) DETERMINATION OF LOW-INCOME HOUSE4 HOLDS.—In determining whether a household is consid5 ered to be a low-income household for the purposes of re6 ceiving assistance pursuant to this section, an eligible util7 ity— 

8 (1) shall ensure that, at a minimum, all house9 holds within 150 percent of the Federal poverty line 

10 are included as low-income households; and 

11 (2) may include other households, including 

12 households in which one or more individuals are re13 ceiving— 

14 (A) assistance under the program of block 

15 grants to States for temporary assistance for 

16 needy families established under part A of title 

17 IV of the Social Security Act (42 U.S.C. 601 et 

18 seq.); 

19 (B) payments under the supplemental se20 curity income program established under title 

21 XVI of the Social Security Act (42 U.S.C. 1381 

22 et seq.); 

23 (C) assistance under the supplemental nu24 trition assistance program established under the 


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1 Food and Nutrition Act of 2008 (7 U.S.C. 

2 2011 et seq.); or 

3 (D) payments under— 

4 (i) section 1315, 1521, 1541, or 1542 

5 of title 38, United States Code; or 

6 (ii) section 306 of the Veterans’ and 

7 Survivors’ Pension Improvement Act of 

8 1978 (38 U.S.C. 1521 note; Public Law 

9 95–588). 

10 (i) SUBMISSIONS TO CONGRESS.—The Administrator 

11 shall submit to the Committees on Appropriations, Energy 

12 and Commerce, and Transportation and Infrastructure of 

13 the House of Representatives and the Committees on Ap14 propriations and Environment and Public Works of the 

15 Senate— 

16 (1) on the date on which the Administrator 

17 makes grants under subsection (b)(1), a report indi18 cating the amounts granted to each State and In19 dian Tribe; 

20 (2) on the issuance of guidelines under sub21 section (g), a copy of the guidelines; 

22 (3) not later than 180 days after the date of 

23 enactment of this Act, and every other month there24 after during each fiscal year for which funding for 

25 this section is provided, a report listing— 


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1 (A) each eligible utility that received a 

2 grant under or pursuant to this section; 

3 (B) the amount of the grant; and 

4 (C) how the granted funds were used; and 

5 (4) not later than 1 year after the date of en6 actment of this Act, and on final disbursement of all 

7 funds appropriated pursuant to this section, a report 

8 on the results of activities carried out pursuant to 

9 this section. 

10 (j) FUNDING.— 

11 (1) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to the Ad13 ministrator to carry out this section, to remain avail14 able until expended— 

15 (A) $2,000,000,000 for fiscal year 2021; 

16 and 

17 (B) $1,500,000,000 for each of fiscal years 

18 2022 and 2023. 

19 (2) ALLOCATION OF FUNDS.— 

20 (A) IN GENERAL.—Of the amounts made 

21 available to carry out this section under para22 graph (1), the Administrator shall— 

23 (i) use 1 percent to make grants 

24 under subsection (b)(1) to Indian Tribes; 


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1 (ii) use 49 percent to make grants 

2 under subsection (b)(1) to States in ac3 cordance with subparagraph (B); and 

4 (iii) with any remaining amounts, 

5 make grants to eligible utilities under sub6 section (b)(2). 

7 (B) STATE ALLOTMENTS.—Of the 

8 amounts described in subparagraph (A)(ii), the 

9 Administrator shall allot— 

10 (i) 50 percent in accordance with the 

11 percentages used by the Administrator to 

12 allot amounts appropriated to carry out 

13 title II of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1281 et seq.) pur15 suant to section 205(c)(3) of that Act (33 

16 U.S.C. 1285(c)(3)); and 

17 (ii) 50 percent in accordance with the 

18 formula used by the Administrator to allot 

19 funds appropriated to carry out section 

20 1452 of the Safe Drinking Water Act (42 

21 U.S.C. 300j–12). 

22 (3) ADMINISTRATIVE COSTS.—The Adminis23 trator and any State, Indian Tribe, or eligible utility 

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1 tion may use up to 5 percent of the granted 

2 amounts for administrative costs. 

3 SEC. 5424. REQUIREMENT. 

4 Notwithstanding any other provision of law, of the 

5 amounts made available under this chapter or any amend6 ment made by this chapter, the Administrator of the Envi7 ronmental Protection Agency shall ensure, to the max8 imum extent practicable, that not less than 12.5 percent 

9 is used to support jobs of persons of color or businesses 

10 owned by persons of color. 

11 CHAPTER 2—CLEAN AIR PROGRAMS 

12 SEC. 5431. WOOD HEATERS EMISSIONS REDUCTION. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency. 

17 (2) AFFECTED WOOD HEATER MODEL.—The 

18 term ‘‘affected wood heater model’’ means a model 

19 of wood heater described in— 

20 (A) section 60.530(a) of title 40, Code of 

21 Federal Regulations (or a successor regulation); 

22 and 

23 (B) subsections (a) and (b) of section 

24 60.5472 of that title. 


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1 (3) CERTIFIED CLEAN HEATER.—The term 

2 ‘‘certified clean heater’’ means a heater that— 

3 (A) has been certified or verified by— 

4 (i) the Administrator; or 

5 (ii) the California Air Resources 

6 Board; 

7 (B) meets or has emissions below the most 

8 stringent Step 2 emission reductions standards 

9 described in the Final Rule; 

10 (C) with respect to an affected wood heater 

11 model, has a thermal efficiency rating of not 

12 less than 65 percent, as certified by the Admin13 istrator under the Final Rule; and 

14 (D) is installed by a licensed or certified 

15 professional or verified by the State in which 

16 the heater is being installed. 

17 (4) FINAL RULE.—The term ‘‘Final Rule’’ 

18 means the final rule entitled ‘‘Standards of Perform19 ance for New Residential Wood Heaters, New Resi20 dential Hydronic Heaters and Forced-Air Furnaces’’ 

21 (80 Fed. Reg. 13672 (March 16, 2015)). 

22 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

23 has the meaning given the term in section 4 of the 

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 5304). 


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1 (6) REGIONAL AGENCY.—The term ‘‘regional 

2 agency’’ means a regional or local government agen3 cy— 

4 (A) with jurisdiction over air quality; or 

5 (B) that has received approval from the air 

6 quality program of the State of the agency to 

7 carry out a wood heater emissions reduction 

8 and replacement program. 

9 (7) REPLACEMENT OF AN OLD WOOD HEAT10 ER.—The term ‘‘replacement of an old wood heater’’ 

11 means the replacement of an existing wood heater 

12 that— 

13 (A) does not meet the reductions standards 

14 described in paragraph (3)(B); 

15 (B) is removed from a home or building in 

16 which the wood heater was the primary or sec17 ondary source of heat; and 

18 (C) is surrendered to a supplier, retailer, 

19 or other entity, as defined by the Adminis20 trator, who shall render the existing wood heat21 er inoperable and ensure the existing wood 

22 heater is disposed through— 

23 (i) recycling; or 

24 (ii) scrappage. 

25 (8) STATE.—The term ‘‘State’’ means— 


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1 (A) each of the several States of the 

2 United States; 

3 (B) the District of Columbia; 

4 (C) the Commonwealth of Puerto Rico; 

5 (D) Guam; 

6 (E) the United States Virgin Islands; 

7 (F) American Samoa; and 

8 (G) the Commonwealth of the Northern 

9 Mariana Islands. 

10 (9) WOOD HEATER.—The term ‘‘wood heater’’ 

11 means an enclosed, wood-burning appliance capable 

12 of and intended for residential space heating or 

13 space heating and domestic water heating that is an 

14 affected wood heater model, including— 

15 (A) a residential wood heater; 

16 (B) a hydronic heater; and 

17 (C) a forced-air furnace. 

18 (b) ESTABLISHMENT OF GRANT PROGRAM FOR

19 WOOD HEATER EMISSIONS REDUCTIONS.— 

20 (1) IN GENERAL.—Subject to the availability of 

21 appropriations, the Administrator shall establish a 

22 grant program that provides funding for grant, re23 bate, and other programs administered by States, 

24 regional agencies, and Indian tribes that are de25 signed— 


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1 (A) to provide financial incentives to home2 owners for the replacement of old wood heaters 

3 that greatly contribute to particulate pollution 

4 with more efficient, cleaner-burning heaters 

5 that are— 

6 (i) properly installed; and 

7 (ii) certified clean heaters; 

8 (B) to achieve significant reductions in 

9 emissions from wood heaters in terms of pollu10 tion produced by wood heaters and wood heater 

11 emissions exposure; 

12 (C) to help homeowners transition to safer 

13 and more efficient sources of heat; and 

14 (D) to support retailers, installers, and 

15 manufacturers that sell and make certified 

16 clean heaters that are more efficient and clean17 er-burning. 

18 (2) APPLICATIONS.—The Administrator shall— 

19 (A) provide to States, regional agencies, 

20 and Indian tribes guidance for use in applying 

21 for funding under this subsection, including in22 formation regarding— 

23 (i) the process and forms for applica24 tions; 


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1 (ii) permissible uses of funds received 

2 under this subsection; and 

3 (iii) the cost-effectiveness of various 

4 emission reduction technologies eligible for 

5 funds provided under this subsection; 

6 (B) establish, for applications described in 

7 subparagraph (A)— 

8 (i) an annual deadline for submission 

9 of the applications; 

10 (ii) a process by which the Adminis11 trator shall approve or disapprove each ap12 plication; 

13 (iii) a simplified application submis14 sion process to expedite the provision of 

15 funds; and 

16 (iv) a streamlined process by which a 

17 State, regional agency, or Indian tribe may 

18 renew an application described in subpara19 graph (A) for subsequent fiscal years; 

20 (C) require States or regional agencies ap21 plying for funding under this subsection to pro22 vide detailed information on how the State or 

23 regional agency intends to carry out and verify 

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1 tion program of the State or regional agency, 

2 including— 

3 (i) a description of the air quality in 

4 the State or the area in which the regional 

5 agency has jurisdiction; 

6 (ii) the means by which the project 

7 will achieve a significant reduction in wood 

8 heater emissions and air pollution, includ9 ing the estimated quantity of— 

10 (I) residences that depend on 

11 non-certified clean heaters as a pri12 mary or secondary source of heat; and 

13 (II) air pollution produced by 

14 wood heaters in the State or the area 

15 in which the regional agency has ju16 risdiction; 

17 (iii) an estimate of the cost and eco18 nomic benefits of the proposed project; 

19 (iv) the means by which the funds will 

20 be distributed, including a description of 

21 the intended recipients of the funds; 

22 (v) a description of any efforts to tar23 get low-income individuals that own older 

24 wood heaters; 


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1 (vi) provisions for the monitoring and 

2 verification of the project; and 

3 (vii) a description of how the program 

4 will carry out the replacement of old wood 

5 heaters, including— 

6 (I) how the older units will be re7 moved and placed out of service; and 

8 (II) how new heaters purchased 

9 with funding provided under this sub10 section will be installed; and 

11 (D) require Indian tribes applying for 

12 funding under this subsection to provide de13 tailed information on how the Indian tribe in14 tends to carry out and verify projects under the 

15 wood heater emissions reduction program of the 

16 Indian tribe, including— 

17 (i) the means by which the project will 

18 achieve a significant reduction in wood 

19 heater emissions; 

20 (ii) an estimate of the cost and eco21 nomic benefits of the proposed project; 

22 (iii) the means by which the funds will 

23 be distributed, including a description of 

24 the intended recipients of the funds; 


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1 (iv) a description of any efforts to tar2 get low-income individuals that own older 

3 wood heaters; 

4 (v) provisions for the monitoring and 

5 verification of the project; and 

6 (vi) a description of how the program 

7 will carry out the replacement of old wood 

8 heaters, including— 

9 (I) how the older units will be re10 moved and placed out of service; and 

11 (II) how new heaters purchased 

12 with funding provided under this sub13 section will be installed. 

14 (3) ALLOCATION OF FUNDS.— 

15 (A) IN GENERAL.—For each fiscal year, 

16 the Administrator shall allocate funds made 

17 available to carry out this subsection— 

18 (i) among States, regional agencies, 

19 and Indian tribes that submitted an appli20 cation under this subsection that was ap21 proved by the Administrator; 

22 (ii) of which not less than 4 percent 

23 shall be allocated to Indian tribes to per24 form functions that include— 


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1 (I) addressing subsequent main2 tenance costs resulting from the in3 stallation of wood heaters under this 

4 subsection; and 

5 (II) training qualified installers 

6 and technicians; and 

7 (iii) among different geographic areas 

8 and varying population densities. 

9 (B) ALLOCATION PRIORITY.—The Admin10 istrator shall provide to each State, regional 

11 agency, and Indian tribe described in subpara12 graph (A) for a fiscal year an allocation of 

13 funds, with priority given to States, regional 

14 agencies, and Indian tribes that will use the 

15 funds to support projects that— 

16 (i) maximize public health benefits, in17 cluding indoor and outdoor air quality; 

18 (ii) are the most cost-effective; 

19 (iii) target the replacement of wood 

20 heaters that emit the most pollution; 

21 (iv) include certified clean heaters and 

22 other heaters that achieve emission reduc23 tions and efficiency improvements that are 

24 more stringent than the Step 2 emission 


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1 reductions standards, as described in the 

2 Final Rule; 

3 (v) target low-income households; 

4 (vi) encourage the recycling of old 

5 wood heaters when replacing those heaters; 

6 and 

7 (vii) serve areas that— 

8 (I) receive a disproportionate 

9 quantity of air pollution from wood 

10 heaters; 

11 (II) have a high percentage of 

12 residents that use wood as their pri13 mary source of heat; or 

14 (III) are poor air quality areas, 

15 including areas identified by the Ad16 ministrator as— 

17 (aa) in nonattainment or 

18 maintenance of national ambient 

19 air quality standards for particu20 late matter under section 109 of 

21 the Clean Air Act (42 U.S.C. 

22 7409); or 

23 (bb) class I areas under sec24 tion 162(a) of that Act (42 

25 U.S.C. 7472(a)). 


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1 (C) UNOBLIGATED FUNDS.—Any funds 

2 that are not obligated by a State, regional agen3 cy, or Indian tribe by a date determined by the 

4 Administrator in a fiscal year shall be reallo5 cated pursuant to the priorities described in 

6 subparagraph (B). 

7 (D) STATE, REGIONAL AGENCY, AND TRIB8 AL MATCHING INCENTIVE.— 

9 (i) IN GENERAL.—Subject to clause 

10 (ii), if a State, regional agency, or Indian 

11 tribe agrees to match the allocation pro12 vided to the State, regional agency, or In13 dian tribe under subparagraph (A) for a 

14 fiscal year, the Administrator shall provide 

15 to the State, regional agency, or Indian 

16 tribe for the fiscal year a matching incen17 tive consisting of an additional amount 

18 equal to 30 percent of the allocation of the 

19 State, regional agency, or Indian tribe 

20 under subparagraph (A). 

21 (ii) REQUIREMENT.—To receive a 

22 matching incentive under clause (i), a 

23 State, regional agency, or Indian tribe— 

24 (I) may not use funds received 

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1 ing share required under this para2 graph; and 

3 (II) shall not be required to pro4 vide a matching share for any addi5 tional amount received under that 

6 clause. 

7 (4) ADMINISTRATION.— 

8 (A) IN GENERAL.—Subject to subpara9 graphs (B) and (C), States, regional agencies, 

10 and Indian tribes shall use any funds provided 

11 under this subsection— 

12 (i) to develop and implement such 

13 programs in the State or in areas under 

14 the jurisdiction of the regional agency or 

15 Indian tribe as are appropriate to meet the 

16 needs and goals of the State, regional 

17 agency, or Indian tribe; and 

18 (ii) to the maximum extent prac19 ticable, to use the programs described in 

20 clause (i) to give high priority to projects 

21 that serve areas described in paragraph 

22 (3)(B)(vii). 

23 (B) APPORTIONMENT OF FUNDS.—The 

24 chief executive officer of a State, regional agen25 cy, or Indian tribe that receives funding under 


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1 this subsection may determine the portion of 

2 funds to be provided as grants and the portion 

3 to be provided as rebates. 

4 (C) USE OF FUNDS.—A State, regional 

5 agency, or Indian tribe shall use funds provided 

6 under this subsection for— 

7 (i) projects to complete the replace8 ment of old wood heaters, including the in9 stallation of heaters and training of cer10 tified installers of heaters that— 

11 (I) are at least as efficient and 

12 clean-burning as certified clean heat13 ers; and 

14 (II) meet the purposes described 

15 in paragraph (1); and 

16 (ii) with respect to Indian tribes, the 

17 purposes described in paragraph (3)(A)(ii). 

18 (D) SUPPLEMENT, NOT SUPPLANT.— 

19 Funds made available under this subsection 

20 shall be used to supplement, not supplant, 

21 funds made available for existing State clean 

22 air programs. 

23 (E) PUBLIC NOTIFICATION.—Not later 

24 than 60 days after the date on which the Ad25 ministrator makes funding available under this 


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1 subsection each fiscal year, the Administrator 

2 shall publish on the website of the Environ3 mental Protection Agency— 

4 (i) the total number of grants award5 ed and the amounts provided to States, re6 gional agencies, and Indian tribes; 

7 (ii) a general description of each ap8 plication of a State, regional agency, or In9 dian tribe that received funding; and 

10 (iii) the estimated number of wood 

11 heaters that will be replaced using funds 

12 made available under this subsection. 

13 (F) REPORT.—Not later than 2 years after 

14 the date on which funds are first made avail15 able under this subsection, and biennially there16 after, the Administrator shall submit to Con17 gress a report evaluating the implementation of 

18 the program under this subsection. 

19 (c) OUTREACH AND INCENTIVES.—The Adminis20 trator shall establish a program under which the Adminis21 trator shall— 

22 (1) inform stakeholders of the benefits of re23 placing wood heaters that do not meet the Step 2 

24 emission reductions standards described in the Final 

25 Rule; 


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1 (2) develop nonfinancial incentives to promote 

2 the proper installation and use of certified clean 

3 heaters; and 

4 (3) consult with Indian tribes to carry out the 

5 purposes of this section. 

6 (d) SUPPLEMENTAL ENVIRONMENTAL PROJECTS.— 

7 (1) EPA AUTHORITY TO ACCEPT WOOD HEATER

8 EMISSIONS REDUCTION SUPPLEMENTAL ENVIRON9 MENTAL PROJECTS.—Section 1 of Public Law 110– 

10 255 (42 U.S.C. 16138) is amended— 

11 (A) in the heading, by inserting ‘‘and wood 

12 heater’’ after ‘‘diesel’’; and 

13 (B) in the matter preceding paragraph (1), 

14 by inserting ‘‘and wood heater’’ after ‘‘diesel’’. 

15 (2) SETTLEMENT AGREEMENT PROVISIONS.— 

16 Section 2 of Public Law 110–255 (42 U.S.C. 16139) 

17 is amended in the first sentence— 

18 (A) by inserting ‘‘or wood heater’’ after 

19 ‘‘diesel’’ each place it appears; 

20 (B) by inserting ‘‘, as applicable,’’ before 

21 ‘‘if the Administrator’’; and 

22 (C) by inserting ‘‘, as applicable’’ before 

23 the period at the end. 

24 (e) FUNDING.— 

25 (1) MANDATORY FUNDING.— 


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1 (A) IN GENERAL.—On October 1, 2020, or 

2 as soon as practicable thereafter, and on each 

3 October 1 thereafter through October 1, 2022, 

4 out of any funds in the Treasury not otherwise 

5 appropriated, the Secretary of the Treasury 

6 shall transfer to the Administrator to carry out 

7 this section $75,000,000 for the applicable fis8 cal year, to remain available until expended. 

9 (B) RECEIPT AND ACCEPTANCE.—The Ad10 ministrator shall be entitled to receive, shall ac11 cept, and shall use to carry out this section the 

12 funds transferred under subparagraph (A), 

13 without further appropriation. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

15 addition to the amounts made available under para16 graph (1), there is authorized to be appropriated to 

17 carry out this section $75,000,000 for each of fiscal 

18 years 2021 through 2023, to remain available until 

19 expended. 

20 (3) MANAGEMENT AND OVERSIGHT.—The Ad21 ministrator may use not more than 1 percent of the 

22 amounts made available under this subsection for 

23 each fiscal year for management and oversight of 

24 the programs under this section. 


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1 SEC. 5432. DIESEL EMISSIONS REDUCTION PROGRAM. 

2 (a) MANDATORY FUNDING.— 

3 (1) IN GENERAL.—On October 1, 2021, or as 

4 soon as practicable thereafter, and on each October 

5 1 thereafter through October 1, 2023, out of any 

6 funds in the Treasury not otherwise appropriated, 

7 the Secretary of the Treasury shall transfer to the 

8 Administrator of the Environmental Protection 

9 Agency to carry out subtitle G of title VII of the En10 ergy Policy Act of 2005 (42 U.S.C. 16131 et seq.) 

11 $300,000,000 for the applicable fiscal year, to re12 main available until expended. 

13 (2) RECEIPT AND ACCEPTANCE.—The Adminis14 trator of the Environmental Protection Agency shall 

15 be entitled to receive, shall accept, and shall use to 

16 carry out subtitle G of title VII of the Energy Policy 

17 Act of 2005 (42 U.S.C. 16131 et seq.) the funds 

18 transferred under paragraph (1), without further ap19 propriation. 

20 (3) REQUIREMENT.—Of the funds transferred 

21 under paragraph (1) in each fiscal year, not more 

22 than $150,000,000 may be used to provide assist23 ance under subtitle G of title VII of the Energy Pol24 icy Act of 2005 (42 U.S.C. 16131 et seq.) to port 

25 authorities with jurisdiction over transportation or 

26 air quality. 


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1 (b) COST-SHARE FOR ZERO TAILPIPE EMISSION VE2 HICLE.—Notwithstanding subtitle G of title VII of the En3 ergy Policy Act of 2005 (42 U.S.C. 16131 et seq.), the 

4 Federal share of the purchase of a zero tailpipe emission 

5 vehicle using amounts made available under subsection (a) 

6 shall be 100 percent. 

7 SEC. 5433. PROTECTION OF THE MERCURY AND AIR TOXICS 

8 STANDARDS. 

9 Section 112(n)(1)(A) of the Clean Air Act (42 U.S.C. 

10 7412(n)(1)(A)) is amended, in the fourth sentence, by 

11 striking ‘‘, if the Administrator’’ and all that follows 

12 through ‘‘this subparagraph’’. 

13 SEC. 5434. NET ZERO EMISSIONS AT PORT FACILITIES PRO14 GRAM. 

15 (a) ESTABLISHMENT OF PROGRAM.— 

16 (1) IN GENERAL.—The Administrator of the 

17 Federal Highway Administration (referred to in this 

18 section as the ‘‘Administrator’’) shall establish a 

19 program to reduce emissions at port facilities, under 

20 which the Administrator shall— 

21 (A) study how ports and intermodal port 

22 transfer facilities would benefit from increased 

23 opportunities to reduce emissions at ports, in24 cluding through the electrification of port oper25 ations; 


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1 (B) study emerging technologies and strat2 egies that may help reduce port-related emis3 sions by implementing shore power technology 

4 and other net zero emissions technology, includ5 ing equipment that handles cargo, port harbor 

6 craft, drayage trucks, charging and fueling in7 frastructure, and electric truck refrigeration 

8 units; and 

9 (C) coordinate and provide funding to test, 

10 evaluate, and deploy projects that reduce port11 related emissions, including shore power tech12 nology and net zero emissions port equipment 

13 and technology, such as equipment that handles 

14 cargo, port harbor craft, drayage trucks, charg15 ing and fueling infrastructure, electric truck re16 frigeration units, and other technology the Ad17 ministrator determines to be appropriate. 

18 (2) CONSULTATION.—In carrying out the pro19 gram under this subsection, the Administrator may 

20 consult with the Secretary of Energy and the Ad21 ministrator of the Environmental Protection Agency. 

22 (b) GRANTS.— 

23 (1) IN GENERAL.—In carrying out subsection 

24 (a)(1)(C), the Administrator shall award grants to 


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1 fund projects that reduce emissions at ports, includ2 ing through the advancement of port electrification. 

3 (2) COST SHARE.—A grant awarded under 

4 paragraph (1) shall not exceed 80 percent of the 

5 total cost of the project funded by the grant. 

6 (3) COORDINATION.—In carrying out the grant 

7 program under this subsection, the Administrator 

8 shall— 

9 (A) to the maximum extent practicable, le10 verage existing resources and programs of the 

11 Federal Highway Administration and other rel12 evant Federal agencies; and 

13 (B) coordinate with other Federal agen14 cies, as the Administrator determines to be ap15 propriate. 

16 (4) APPLICATION; SELECTION; PRIORITY.— 

17 (A) APPLICATION.—The Administrator 

18 shall solicit applications for grants under para19 graph (1) at such time, in such manner, and 

20 containing such information as the Adminis21 trator determines to be necessary. 

22 (B) SELECTION.—The Secretary shall 

23 make grants under paragraph (1) by not later 

24 than April 1 of each fiscal year for which fund25 ing is made available. 


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1 (C) PRIORITY.—In making grants for 

2 projects under paragraph (1), the Adminis3 trator shall give priority to projects that re4 duce— 

5 (i) greenhouse gas emissions; 

6 (ii) emissions of any criteria air pol7 lutant and any precursor of the criteria air 

8 pollutant; 

9 (iii) hazardous air pollutant emissions; 

10 and 

11 (iv) public health disparities in com12 munities that receive a disproportionate 

13 quantity of air pollution from a port. 

14 (5) REQUIREMENT.—Notwithstanding any 

15 other provision of law, any project funded by a grant 

16 under this subsection shall be treated as a project on 

17 a Federal-aid highway under chapter 1 of title 23, 

18 United States Code. 

19 (c) REPORT.—Not later than 1 year after the date 

20 on which all of the projects funded with a grant under 

21 subsection (b) are completed, the Administrator shall sub22 mit to Congress a report that includes— 

23 (1) the findings of the studies described in sub24 paragraphs (A) and (B) of subsection (a)(1); 


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1 (2) the results of the projects that received a 

2 grant under subsection (b); 

3 (3) any recommendations for workforce develop4 ment and training opportunities with respect to port 

5 electrification; and 

6 (4) any policy recommendations based on the 

7 findings and results described in paragraphs (1) and 

8 (2). 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out the program 

11 established under subsection (a)(1) $250,000,000 for each 

12 of fiscal years 2021 through 2023. 

13 CHAPTER 3—HEALTHY TRANSPORTATION 

14 SEC. 5441. RESTORING NEIGHBORHOODS AND STRENGTH15 ENING COMMUNITIES PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) CAPITAL CONSTRUCTION GRANT.—The term 

18 ‘‘capital construction grant’’ means a capital con19 struction grant under subsection (f). 

20 (2) COMMUNITY ENGAGEMENT, EDUCATION, 

21 AND CAPACITY BUILDING GRANT.—The term ‘‘com22 munity engagement, education, and capacity build23 ing grant’’ means a community engagement, edu24 cation, and capacity building grant under subsection 

25 (d). 


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1 (3) COMMUNITY OF COLOR.—The term ‘‘com2 munity of color’’ means, in a State, a census block 

3 group for which the aggregate percentage of resi4 dents who identify as Black, African-American, 

5 American Indian, Alaska Native, Native Hawaiian, 

6 Asian, Pacific Islander, Hispanic, Latino, other 

7 nonwhite race, or linguistically isolated is— 

8 (A) not less than 50 percent; or 

9 (B) significantly higher than the State av10 erage. 

11 (4) INFRASTRUCTURAL BARRIER.—The term 

12 ‘‘infrastructural barrier’’ means a highway (includ13 ing a limited access highway), a railway, a viaduct, 

14 a principal arterial facility, or any other transpor15 tation facility for which the high speeds, grade sepa16 ration, or other design factors create an obstacle to 

17 connectivity, including— 

18 (A) obstacles to walking, biking, and mo19 bility; 

20 (B) diminished access to destinations 

21 across the infrastructural barrier; or 

22 (C) barriers to the economic development 

23 of the surrounding neighborhood. 

24 (5) LOW-INCOME COMMUNITY.—The term ‘‘low25 income community’’ means a census block group in 


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1 which not less than 30 percent of the population 

2 lives below the poverty line (as defined in section 

3 673 of the Community Services Block Grant Act (42 

4 U.S.C. 9902)). 

5 (6) PLANNING AND FEASIBILITY STUDY

6 GRANT.—The term ‘‘planning and feasibility study 

7 grant’’ means a planning and feasibility study grant 

8 under subsection (e). 

9 (7) PROGRAM.—The term ‘‘program’’ means 

10 the program established under subsection (b). 

11 (8) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Transportation. 

13 (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

14 government’’ means the recognized governing body 

15 of any Indian or Alaska Native tribe, band, nation, 

16 pueblo, village, community, component band, or com17 ponent reservation, individually identified (including 

18 parenthetically) in the list published most recently as 

19 of the date of enactment of this Act pursuant to sec20 tion 104 of the Federally Recognized Indian Tribe 

21 List Act of 1994 (25 U.S.C. 5131). 

22 (b) ESTABLISHMENT.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 a program to help communities— 


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1 (A) identify infrastructural barriers within 

2 the community that— 

3 (i) create obstacles to mobility or eco4 nomic development; or 

5 (ii) expose the community to high lev6 els of particulate matter, noise pollution, 

7 and other public health and safety risks; 

8 (B) study the feasibility of improving, and 

9 develop plans to improve, community connectivi10 ty, including through— 

11 (i) removal or retrofit of an infra12 structural barrier; or 

13 (ii) construction of facilities to miti14 gate the obstacle created by the infrastruc15 tural barrier by enhancing connectivity 

16 across the infrastructural barrier; 

17 (C) plan the redevelopment of any land 

18 made available by the removal or retrofit of the 

19 infrastructural barrier, with a focus on improve20 ments that will benefit the populations im21 pacted by or previously displaced by the infra22 structural barrier; 

23 (D) access funding to carry out the activi24 ties described in subparagraphs (B) and (C); 

25 and 


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1 (E) require the equity of any activities car2 ried out under the program, including by gar3 nering community engagement, avoiding dis4 placement, and ensuring local participation in 

5 jobs created through those activities. 

6 (2) TYPES OF GRANTS.—Under the program, 

7 the Secretary shall award the following types of 

8 grants: 

9 (A) Community engagement, education, 

10 and capacity building grants. 

11 (B) Planning and feasibility study grants. 

12 (C) Capital construction grants. 

13 (3) MULTIPLE GRANTS PERMITTED.—An eligi14 ble entity may apply for and receive funding from 

15 more than 1 type of grant described in paragraph 

16 (2). 

17 (c) REQUIREMENT FOR PROJECT SELECTION.—To 

18 receive a grant under the program, a project shall provide 

19 the majority of project benefits to one or more commu20 nities of color or low-income communities. 

21 (d) COMMUNITY ENGAGEMENT, EDUCATION, AND

22 CAPACITY BUILDING GRANTS.— 

23 (1) ELIGIBLE ENTITIES.—The Secretary may 

24 award a community engagement, education, and ca25 pacity building grant to carry out community enVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 gagement, education, and capacity building activities 

2 described in paragraph (2) to— 

3 (A) a unit of local government; 

4 (B) a Tribal government; 

5 (C) a metropolitan planning organization; 

6 and 

7 (D) a nonprofit organization. 

8 (2) ELIGIBLE ACTIVITIES.—A community en9 gagement and capacity building activity referred to 

10 in paragraph (1) includes an activity— 

11 (A) to educate community members about 

12 opportunities to affect transportation and eco13 nomic development planning and investment de14 cisions; 

15 (B) to build organizational or community 

16 capacity to engage in transportation and eco17 nomic development planning; 

18 (C) to identify community needs and de19 sires for community improvements; 

20 (D) to develop community-driven solutions 

21 to local challenges; 

22 (E) to conduct assessments of equity, mo23 bility and access, environmental justice, afford24 ability, economic opportunity, health outcomes, 

25 and other local goals; 


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1 (F) to form a Community Advisory Board 

2 in accordance with subsection (g); and 

3 (G) to engage community members in sce4 nario planning. 

5 (3) FEDERAL SHARE.—The Federal share of 

6 the cost of an activity carried out with funds from 

7 a community engagement, education, and capacity 

8 building grant may be up to 100 percent, at the dis9 cretion of the eligible entity. 

10 (e) PLANNING AND FEASIBILITY STUDY GRANTS.— 

11 (1) ELIGIBLE ENTITIES.— 

12 (A) IN GENERAL.—The Secretary may 

13 award a planning and feasibility study grant to 

14 carry out planning activities described in para15 graph (2) to— 

16 (i) a State; 

17 (ii) a unit of local government; 

18 (iii) a Tribal government; 

19 (iv) a metropolitan planning organiza20 tion; and 

21 (v) a nonprofit organization. 

22 (B) PARTNERSHIPS.—In the case of an eli23 gible entity that is not the owner of the 

24 infrastructural barrier that is the subject of the 

25 planning and feasibility study grant, the eligible 


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1 entity shall demonstrate the existence of a part2 nership with the owner of the infrastructural 

3 barrier. 

4 (2) ELIGIBLE ACTIVITIES.—A planning activity 

5 referred to in paragraph (1)(A) includes— 

6 (A) development of designs and artistic 

7 renderings to facilitate community engagement; 

8 (B) traffic studies, nonmotorized accessi9 bility analyses, equity needs analyses, and col10 lection of other relevant data; 

11 (C) planning studies to evaluate the feasi12 bility of removing or retrofitting an infrastruc13 tural barrier, or the construction of facilities to 

14 mitigate the obstacle created by the infrastruc15 tural barrier by enhancing connectivity across 

16 the infrastructural barrier; 

17 (D) public engagement activities to provide 

18 opportunities for public input into a plan to re19 move, convert, or mitigate an infrastructural 

20 barrier; 

21 (E) environmental review, consultation, or 

22 other action required under any Federal envi23 ronmental law relating to the review or ap24 proval of a project to remove, retrofit, or miti25 gate an existing infrastructural barrier; 


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1 (F) establishment of a community land 

2 trust for the development and use of real estate 

3 created by the removal or capping of an infra4 structural barrier; and 

5 (G) other transportation planning activities 

6 required in advance of a project to remove, ret7 rofit or mitigate an existing infrastructural bar8 rier, as determined by the Secretary. 

9 (3) FEDERAL SHARE.—The Federal share of 

10 the cost of an activity carried out with funds from 

11 a planning and feasibility study grant shall be not 

12 more than 80 percent. 

13 (f) CAPITAL CONSTRUCTION GRANTS.— 

14 (1) ELIGIBLE ENTITIES.—The Secretary may 

15 award a capital construction grant to the owner of 

16 an infrastructural barrier to carry out a project de17 scribed in paragraph (3) for which all necessary fea18 sibility studies and other planning activities have 

19 been completed. 

20 (2) PARTNERSHIPS.—For the purpose of sub21 mitting an application for a capital construction 

22 grant, an owner of an infrastructural barrier may, if 

23 applicable, partner with— 

24 (A) a State; 

25 (B) a unit of local government; 


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1 (C) a Tribal government; 

2 (D) a metropolitan planning organization; 

3 or 

4 (E) a nonprofit organization. 

5 (3) ELIGIBLE PROJECTS.— 

6 (A) IN GENERAL.—A project eligible to be 

7 carried out with a capital construction grant in8 cludes— 

9 (i) the removal of an infrastructural 

10 barrier; 

11 (ii) the retrofit of an infrastructural 

12 barrier in a way that enhances community 

13 connectivity and is sensitive to the context 

14 of the surrounding community, including 

15 retrofits to a highway to cap the facility or 

16 replace the facility with an at-grade arte17 rial roadway; 

18 (iii) the construction of facilities that 

19 improve connectivity across the infrastruc20 tural barrier; 

21 (iv) the replacement of an infrastruc22 tural barrier with a new use or facility that 

23 has been identified by members of the 

24 community; and 


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1 (v) the construction of other transpor2 tation improvements that address the mo3 bility needs of the community. 

4 (B) EXCLUSION.—Funds from a capital 

5 construction grant shall not be used on a 

6 project that increases net capacity for vehicular 

7 travel. 

8 (4) PRIORITY FOR CAPITAL CONSTRUCTION

9 GRANTS.—In selecting eligible entities to receive a 

10 capital construction grant, the Secretary shall give 

11 priority to an eligible entity that— 

12 (A) has entered into a community benefits 

13 agreement with representatives of the commu14 nity; 

15 (B) serves a community in which an anti16 displacement policy or a community land trust 

17 is in effect; 

18 (C) has formed a Community Advisory 

19 Board under subsection (g); or 

20 (D) has demonstrated a plan for— 

21 (i) employing residents in the area im22 pacted by the activity or project through 

23 targeted hiring programs; and 

24 (ii) contracting and subcontracting 

25 with disadvantaged business enterprises. 


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1 (5) REQUIREMENT.—In order to receive a cap2 ital construction grant, the owner of the 

3 infrastructural barrier shall demonstrate that the 

4 project is supported by the community in the imme5 diate vicinity of the project. 

6 (6) FEDERAL SHARE.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B), the Federal share of the cost 

9 of a project carried out with a capital construc10 tion grant may be not more than 80 percent. 

11 (B) MAXIMUM FEDERAL INVOLVEMENT.— 

12 Federal assistance other than a capital con13 struction grant may be used to satisfy the non14 Federal share of the cost of a project for which 

15 the grant is awarded. 

16 (g) COMMUNITY ADVISORY BOARD.— 

17 (1) IN GENERAL.—To help achieve inclusive 

18 economic development benefits, an eligible entity 

19 may form a community advisory board, which 

20 shall— 

21 (A) facilitate community engagement with 

22 respect to the activity or project proposed to be 

23 carried out; and 

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1 ment, contracting, and economic development 

2 under the activity or project. 

3 (2) MEMBERSHIP.—If an eligible entity forms a 

4 community advisory board under paragraph (1), the 

5 community advisory board shall be composed of rep6 resentatives of— 

7 (A) the community; 

8 (B) owners of businesses that serve the 

9 community; 

10 (C) labor organizations that represent 

11 workers that serve the community; and 

12 (D) State and local government. 

13 (h) ADMINISTRATIVE COSTS.—For each fiscal year, 

14 the Secretary may use not more than 2 percent of the 

15 amounts made available for the program for the costs of 

16 administering the program. 

17 (i) REPORT.—Not later than 2 years after the date 

18 of enactment of this Act, the Secretary shall submit to 

19 the Committee on Environment and Public Works of the 

20 Senate and the Committee on Transportation and Infra21 structure of the House of Representatives a report that— 

22 (1) assesses the impacts and benefits of high23 way removals on congestion, mobility, and safety in 

24 the project vicinity, and the extent to which those 

25 impacts differ from projected impacts; 


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1 (2) includes recommendations for how traffic 

2 forecasting should— 

3 (A) consider nonmotorized travel demand; 

4 and 

5 (B) track and be updated in response to 

6 observed travel behavior responses to changes in 

7 transportation capacity and land use; and 

8 (3) includes recommendations for how environ9 mental reviews for projects funded under the Fed10 eral-aid highway program should consider, identify, 

11 and quantify, during project development, any di12 minished access, including nonmotorized access, that 

13 will result from the project. 

14 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out the program 

16 $2,000,000,000 for each of fiscal years 2021 through 

17 2025. 

18 SEC. 5442. SAFER HEALTHIER STREETS PROGRAM. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COMMUNITY OF COLOR.—The term ‘‘com21 munity of color’’ means, in a State, a census block 

22 group for which the aggregate percentage of resi23 dents who identify as Black, African-American, 

24 American Indian, Alaska Native, Native Hawaiian, 


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1 Asian, Pacific Islander, Hispanic, Latino, other 

2 nonwhite race, or linguistically isolated is— 

3 (A) not less than 50 percent; or 

4 (B) significantly higher than the State av5 erage. 

6 (2) LOW-INCOME COMMUNITY.—The term ‘‘low7 income community’’ means a census block group in 

8 which not less than 30 percent of the population 

9 lives below the poverty line (as defined in section 

10 673 of the Community Services Block Grant Act (42 

11 U.S.C. 9902)). 

12 (3) MOBILITY GRANT.—The term ‘‘mobility 

13 grant’’ means a grant provided under subsection 

14 (f)(2). 

15 (4) PROGRAM.—The term ‘‘program’’ means 

16 the Safer Healthier Streets program established 

17 under subsection (b). 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Transportation. 

20 (6) TREE CANOPY GRANT.—The term ‘‘tree 

21 canopy grant’’ means a grant provided under sub22 section (f)(1). 

23 (7) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

24 government’’ means the recognized governing body 

25 of any Indian or Alaska Native tribe, band, nation, 


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1 pueblo, village, community, component band, or com2 ponent reservation, individually identified (including 

3 parenthetically) in the list published most recently as 

4 of the date of enactment of this Act pursuant to sec5 tion 104 of the Federally Recognized Indian Tribe 

6 List Act of 1994 (25 U.S.C. 5131). 

7 (8) URBANIZED AREA.—The term ‘‘urbanized 

8 area’’ has the meaning given the term in section 

9 101(a) of title 23, United States Code. 

10 (b) ESTABLISHMENT.—The Secretary shall establish 

11 a discretionary grant program, to be known as the ‘‘Safer 

12 Healthier Streets program’’, to provide to eligible enti13 ties— 

14 (1) tree canopy grants; and 

15 (2) mobility grants. 

16 (c) GOALS.—The goals of the program are to improve 

17 overall health outcomes, to reduce racial and ethnic health 

18 disparities, and to support local economic development, in19 cluding— 

20 (1) with respect to tree canopy grants— 

21 (A) to improve access to green space for 

22 low-income communities and communities of 

23 color; 

24 (B) to improve the equity of tree cover 

25 within an urbanized area; 


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1 (C) to provide traffic calming and reduce 

2 the incidence of speeding; 

3 (D) to provide for improvements in air 

4 quality; 

5 (E) to reduce— 

6 (i) the extent of impervious surfaces; 

7 (ii) polluting stormwater runoff; and 

8 (iii) flood risks; 

9 (F) to provide shade benefits on pedestrian 

10 walkways, bicycle lanes, and shared-use paths, 

11 and at public transportation stops; and 

12 (G) to mitigate urban heat islands; and 

13 (2) with respect to mobility grants— 

14 (A) to improve access to safe and conven15 ient walking and bicycling facilities for low-in16 come communities and communities of color; 

17 (B) to construct new pedestrian walkways, 

18 bicycle lanes, and shared-use paths; 

19 (C) to maintain or improve the condition 

20 of pedestrian walkways, bicycle lanes, and 

21 shared-use paths; 

22 (D) to create and expand networks of safe 

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1 provements between existing non-motorized as2 sets; 

3 (E) to expand safe walking and biking ac4 cess to public transportation facilities; 

5 (F) to construct safe and convenient road6 way crossings for pedestrians and bicyclists; 

7 and 

8 (G) to improve safe and convenient pedes9 trian access for pedestrians and bicyclists to 

10 destinations throughout an urbanized area, in11 cluding access to jobs, housing, healthcare, 

12 schools, and retail. 

13 (d) ELIGIBLE ENTITIES.—An entity eligible to par14 ticipate in the program is— 

15 (1) a State, regional, Tribal, or local govern16 ment or agency, including a transit agency, that 

17 owns or has responsibility for the public streets, pe18 destrian walkways, bicycle lanes, shared-use paths, 

19 or other public facility for which funding is sought; 

20 (2) a public, private, or nonprofit corporation 

21 that owns or has responsibility for the public streets 

22 or pedestrian walkways, bicycle lanes, shared-use 

23 paths, or other public facility for which funding is 

24 sought; and 


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1 (3) a nonprofit organization working in coordi2 nation with an entity described in paragraph (1) or 

3 (2). 

4 (e) APPLICATION.—To be eligible to receive a grant 

5 under the program, an eligible entity shall submit to the 

6 Secretary an application at such time, in such manner, 

7 and containing such information as the Secretary may re8 quire, including a description of— 

9 (1) how the eligible entity would use the funds 

10 from the grant; and 

11 (2) the contribution that the projects carried 

12 out with funds from the grant would make to im13 proving the safety, health outcomes, and quality of 

14 life in low-income communities and communities of 

15 color. 

16 (f) TYPES OF GRANTS.— 

17 (1) TREE CANOPY GRANTS.—A tree canopy 

18 grant shall be used for one or more of the following 

19 activities: 

20 (A) Conducting a comprehensive canopy 

21 assessment, which shall— 

22 (i) assess the current tree locations 

23 and canopy, including— 

24 (I) an inventory of the location, 

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1 ing tree canopies and trees on public 

2 facilities; 

3 (II) an identification of the loca4 tions where trees need to be replaced; 

5 and 

6 (III) an identification of empty 

7 tree boxes or other additional loca8 tions where trees could be added; 

9 (ii) be conducted through on-the10 ground inventory and assessment, in con11 junction with additional tools such as light 

12 detection and ranging (commonly known as 

13 ‘‘LiDAR’’), satellite imagery, or other 

14 internet-based tools; and 

15 (iii) include a tree canopy needs and 

16 equity analysis, including mapping of— 

17 (I) pedestrian walkways that ex18 perience high rates of use or that pro19 vide pedestrians with critical connec20 tions to jobs, housing, healthcare, 

21 schools, transit, or retail; 

22 (II) public transportation stop lo23 cations; 


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1 (III) flood-prone locations where 

2 trees or other natural infrastructure 

3 could mitigate flooding; 

4 (IV) areas of elevated air pollu5 tion; 

6 (V) urban heat islands, where 

7 temperatures exceed those of sur8 rounding areas; 

9 (VI) areas where tree coverage is 

10 lower than in surrounding areas; 

11 (VII) low-income communities; 

12 and 

13 (VIII) communities of color. 

14 (B) Community engagement activities to 

15 provide opportunities for public input into plans 

16 to enhance tree canopy and access to green 

17 space. 

18 (C) Setting tree cover goals and imple19 menting an investment plan based on the re20 sults of the assessment under subparagraph (A) 

21 to increase tree canopy and tree cover, includ22 ing equitable access to shade and green space 

23 for low-income communities and communities of 

24 color by planting trees on public rights-of-way 

25 and public facilities. 


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1 (D) Purchasing of trees, site preparation, 

2 planting of trees, ongoing maintenance and 

3 monitoring of trees, and repair of storm dam4 age to trees, with priority given to— 

5 (i) the planting of native species, to 

6 the extent appropriate; and 

7 (ii) projects located in a neighborhood 

8 with lower tree cover or higher maximum 

9 daytime summer temperatures compared to 

10 surrounding neighborhoods. 

11 (E) Assessing the underground infrastruc12 ture and coordinating with local transportation 

13 and utility providers. 

14 (F) Hiring staff to conduct any of the ac15 tivities described in this paragraph. 

16 (2) MOBILITY GRANTS.—A mobility grant shall 

17 be used for the planning, design, construction, or 

18 improvement of pedestrian walkways or bicycle lanes 

19 that are located on a public street or for the plan20 ning, design, construction, or improvement of a pub21 licly accessible shared-use path or trail, including 

22 one or more of the following activities: 

23 (A) Conducting a comprehensive mobility 

24 assessment, which shall— 


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1 (i) assess the condition of pedestrian 

2 or bicyclist networks and identify gaps; 

3 (ii) identify hazardous locations and 

4 corridors where fatalities or serious inju5 ries of pedestrians and bicyclists have oc6 curred; 

7 (iii) measure the level of access by 

8 biking and walking to essential destina9 tions, including access to jobs, housing, 

10 healthcare, schools, public transportation, 

11 and retail; and 

12 (iv) include an equity analysis, includ13 ing— 

14 (I) mapping of low-income com15 munities and communities of color; 

16 (II) identifying disparities in the 

17 level of access measured under clause 

18 (iii) in low-income communities and 

19 communities of color compared to sur20 rounding areas; and 

21 (III) identifying disparities in the 

22 condition and extent of pedestrian and 

23 bicyclist networks in low-income com24 munities and communities of color 

25 compared to surrounding areas. 


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1 (B) Community engagement, education, 

2 capacity building, and programming— 

3 (i) to provide opportunities for public 

4 input into plans to expand safe and con5 venient pedestrian walkways, bicycle lanes, 

6 and shared-use paths; 

7 (ii) to identify community needs and 

8 develop community-driven mobility solu9 tions; and 

10 (iii) to develop and execute community 

11 programming that makes active use of a 

12 street for community building and for pur13 poses other than driving. 

14 (C) Construction of pedestrian walkways, 

15 bicycle lanes, and shared-use paths, including 

16 acquisition of necessary rights-of-way. 

17 (D) Improvements to the condition of pe18 destrian walkways, bicycle lanes, and shared-use 

19 paths, including modifications to pedestrian 

20 walkways and traffic control devices to comply 

21 with accessibility requirements under the Amer22 icans with Disabilities Act of 1990 (42 U.S.C. 

23 12101 et seq.). 

24 (E) Traffic calming, speed reduction im25 provements, and construction of pedestrian 


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1 crosswalks and intersection improvements de2 signed to enhance the safety and convenience of 

3 pedestrians and bicyclists. 

4 (F) Construction or installation of en5 hancements to pedestrian walkways, bicycle 

6 lanes, or shared-use paths, including street 

7 lighting, benches, parklets, stormwater manage8 ment features, parking, bike racks, bike share 

9 stations, and canopies or other shade devices. 

10 (G) Sidewalk improvements to accommo11 date and conserve street trees. 

12 (H) Hiring staff to conduct any of the ac13 tivities described in this paragraph. 

14 (g) TECHNICAL ASSISTANCE.— 

15 (1) IN GENERAL.—The Secretary may provide 

16 technical assistance to eligible entities under the pro17 gram for the purpose of developing the technical ca18 pacity of the eligible entity for the development of 

19 applications under the program or the administra20 tion of grant funds under the program. 

21 (2) APPLICATION; SOLICITATION.—The Sec22 retary shall— 

23 (A) solicit applications from eligible enti24 ties for technical assistance under paragraph 

25 (1); and 


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1 (B) select eligible entities to receive tech2 nical assistance based on— 

3 (i) the inexperience of the eligible en4 tity in applying for or administering Fed5 eral grants; and 

6 (ii) whether the eligible entity is lo7 cated in or serves a low-income community 

8 or a community of color. 

9 (h) PRIORITY.—In selecting eligible entities to receive 

10 grants under the program, the Secretary shall give priority 

11 to— 

12 (1) an eligible entity proposing to carry out an 

13 activity or project in a community that is a low-in14 come community or community of color; 

15 (2) an eligible entity that— 

16 (A) has entered into a community benefits 

17 agreement with representatives of the commu18 nity; 

19 (B) serves a community in which an anti20 displacement policy is in effect; or 

21 (C) has demonstrated a plan for— 

22 (i) employing residents in the area im23 pacted by the activity or project through 

24 targeted hiring programs; and 


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1 (ii) contracting and subcontracting 

2 with disadvantaged business enterprises; 

3 and 

4 (3) an eligible entity that is partnering with a 

5 qualified youth or conservation corps (as defined in 

6 section 203 of the Public Lands Corps Act of 1993 

7 (16 U.S.C. 1722)). 

8 (i) DISTRIBUTION REQUIREMENT.—For each fiscal 

9 year, not less than 80 percent of the amounts made avail10 able to carry out the program shall be provided for 

11 projects in urbanized areas. 

12 (j) FEDERAL SHARE.— 

13 (1) IN GENERAL.—Except as provided under 

14 paragraph (2), the Federal share of the cost of a 

15 project carried out under the program is 80 percent. 

16 (2) WAIVER.—The Secretary may increase the 

17 Federal share requirement under paragraph (1) to 

18 100 percent for projects carried out by an eligible 

19 entity that demonstrates economic hardship. 

20 (k) ADMINISTRATION.— 

21 (1) ADMINISTRATIVE COSTS.—For each fiscal 

22 year, the Secretary may use not more than 2 percent 

23 of the amounts made available for the program for 

24 the costs of administering the program. 


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1 (2) TECHNICAL ASSISTANCE.—For each fiscal 

2 year, the Secretary may use not more than 10 per3 cent of the amounts made available for the program 

4 to provide technical assistance under subsection (g). 

5 (l) REPORT.—Not later than 2 years after the date 

6 of enactment of this Act, the Secretary shall submit to 

7 the Committee on Environment and Public Works of the 

8 Senate and the Committee on Transportation and Infra9 structure of the House of Representatives a report that— 

10 (1) assesses the impact of transportation im11 provements funded in whole or in part under title 

12 23, United States Code, on average traffic speeds, 

13 fatalities, and serious injuries in the areas in which 

14 projects are carried out under the program; and 

15 (2) identifies the amount of funds provided 

16 under title 23, United States Code, that are used on 

17 activities eligible for assistance under the program. 

18 (m) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out the program 

20 $1,000,000,000 for each of fiscal years 2021 through 

21 2025, to remain available until expended. 

22 CHAPTER 4—OUTDOOR RECREATION 

23 LEGACY PARTNERSHIP PROGRAM 

24 SEC. 5451. DEFINITIONS. 

25 In this chapter: 


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1 (1) ELIGIBLE ENTITY.— 

2 (A) IN GENERAL.—The term ‘‘eligible enti3 ty’’ means— 

4 (i) a State or territory of the United 

5 States; 

6 (ii) a political subdivision of a State 

7 or territory of the United States, includ8 ing— 

9 (I) a city; and 

10 (II) a county; 

11 (iii) a special purpose district, includ12 ing park districts; and 

13 (iv) an Indian Tribe. 

14 (B) POLITICAL SUBDIVISIONS AND INDIAN

15 TRIBES.—A political subdivision of a State or 

16 territory of the United States or an Indian 

17 Tribe shall be considered an eligible entity only 

18 if the political subdivision or Indian Tribe rep19 resents or otherwise serves a qualifying urban 

20 area. 

21 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 has the meaning given the term ‘‘Indian tribe’’ in 

23 section 4 of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 5304). 


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1 (3) OUTDOOR RECREATION LEGACY PARTNER2 SHIP PROGRAM.—The term ‘‘Outdoor Recreation 

3 Legacy Partnership Program’’ means the program 

4 established under section 5452(a). 

5 (4) QUALIFYING URBAN AREA.—The term 

6 ‘‘qualifying urban area’’ means an area identified by 

7 the Census Bureau as an ‘‘urban area’’ in the most 

8 recent census. 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 SEC. 5452. GRANTS AUTHORIZED. 

12 (a) IN GENERAL.—The Secretary shall establish an 

13 outdoor recreation legacy partnership program under 

14 which the Secretary may award grants to eligible entities 

15 for projects— 

16 (1) to acquire land and water for parks and 

17 other outdoor recreation purposes; and 

18 (2) to develop new or renovate existing outdoor 

19 recreation facilities. 

20 (b) MATCHING REQUIREMENT.— 

21 (1) IN GENERAL.—As a condition of receiving a 

22 grant under subsection (a), an eligible entity shall 

23 provide matching funds in the form of cash or an in24 kind contribution in an amount equal to not less 


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1 than 100 percent of the amounts made available 

2 under the grant. 

3 (2) SOURCES.—The matching amounts referred 

4 to in paragraph (1) may include amounts made 

5 available from State, local, nongovernmental, or pri6 vate sources. 

7 SEC. 5453. ELIGIBLE USES. 

8 (a) IN GENERAL.—A grant recipient may use a grant 

9 awarded under this chapter— 

10 (1) to acquire land or water that provides out11 door recreation opportunities to the public; and 

12 (2) to develop or renovate outdoor recreational 

13 facilities that provide outdoor recreation opportuni14 ties to the public, with priority given to projects 

15 that— 

16 (A) create or significantly enhance access 

17 to park and recreational opportunities in an 

18 urban neighborhood or community; 

19 (B) engage and empower underserved com20 munities and youth; 

21 (C) provide opportunities for youth em22 ployment or job training; 

23 (D) establish or expand public-private 

24 partnerships, with a focus on leveraging re25 sources; and 


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1 (E) take advantage of coordination among 

2 various levels of government. 

3 (b) LIMITATIONS ON USE.—A grant recipient may 

4 not use grant funds for— 

5 (1) grant administration costs; 

6 (2) incidental costs related to land acquisition, 

7 including appraisal and titling; 

8 (3) operation and maintenance activities; 

9 (4) facilities that support semiprofessional or 

10 professional athletics; 

11 (5) indoor facilities such as recreation centers 

12 or facilities that support primarily non-outdoor pur13 poses; or 

14 (6) acquisition of land or interests in land that 

15 restrict access to specific persons. 

16 SEC. 5454. NATIONAL PARK SERVICE REQUIREMENTS. 

17 In carrying out the Outdoor Recreation Legacy Part18 nership Program, the Secretary shall— 

19 (1) conduct an initial screening and technical 

20 review of applications received; and 

21 (2) evaluate and score all qualifying applica22 tions. 

23 SEC. 5455. REPORTING. 

24 (a) ANNUAL REPORTS.—Not later than 30 days after 

25 the last day of each report period, each State lead agency 


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1 that receives a grant under this chapter shall annually 

2 submit to the Secretary performance and financial reports 

3 that— 

4 (1) summarize project activities conducted dur5 ing the report period; and 

6 (2) provide the status of the project. 

7 (b) FINAL REPORTS.—Not later than 90 days after 

8 the earlier of the date of expiration of a project period 

9 or the completion of a project, each State lead agency that 

10 receives a grant under this chapter shall submit to the 

11 Secretary a final report containing such information as the 

12 Secretary may require. 

13 SEC. 5456. REVENUE SHARING. 

14 (a) IN GENERAL.—Section 105(a)(2)(B) of the Gulf 

15 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

16 note; Public Law 109–432) is amended by inserting before 

17 the period at the end ‘‘, of which 20 percent for each of 

18 fiscal years 2020 through 2055 shall be used by the Sec19 retary of the Interior to provide grants under chapter 4 

20 of subtitle D of title V of the Economic Justice Act’’. 

21 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made 

22 available to the Outdoor Recreation Legacy Partnership 

23 Program as a result of the amendment made by subsection 

24 (a) shall supplement and not supplant any other Federal 


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1 funds made available to carry out the Outdoor Recreation 

2 Legacy Partnership Program. 

3 Subtitle E—Labor and Wage 

4 Protections 

5 SEC. 5501. LABOR STANDARDS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COVERED CONSTRUCTION OR MAINTENANCE

8 PROJECT.—The term ‘‘covered construction or main9 tenance project’’ means a construction or mainte10 nance project, including installation or removal of 

11 applicable infrastructure, that is assisted in whole or 

12 in part by funds appropriated or made available 

13 under this title or the amendments made by this 

14 title, without regard to the form or type of Federal 

15 assistance provided. 

16 (2) COVERED PROJECT LABOR AGREEMENT.— 

17 The term ‘‘covered project labor agreement’’ means 

18 a project labor agreement that— 

19 (A) binds all contractors and subcontrac20 tors on the construction or maintenance project 

21 through the inclusion of appropriate specifica22 tions in all relevant solicitation provisions and 

23 contract documents; 

24 (B) allows all contractors and subcontrac25 tors to compete for contracts and subcontracts 


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1 without regard to whether they are otherwise a 

2 party to a collective bargaining agreement; 

3 (C) contains guarantees against strikes, 

4 lockouts, and other similar job disruptions; 

5 (D) sets forth effective, prompt, and mutu6 ally binding procedures for resolving labor dis7 putes arising during the covered project labor 

8 agreement; and 

9 (E) provides other mechanisms for labor10 management cooperation on matters of mutual 

11 interest and concern, including productivity, 

12 quality of work, safety, and health. 

13 (3) PROJECT LABOR AGREEMENT.—The term 

14 ‘‘project labor agreement’’ means a pre-hire collec15 tive bargaining agreement with one or more labor 

16 organizations that— 

17 (A) establishes the terms and conditions of 

18 employment for a specific construction or main19 tenance project; and 

20 (B) is described in section 8(f) of the Na21 tional Labor Relations Act (29 U.S.C. 158(f)). 

22 (4) QUALIFIED ENTITY.—The term ‘‘qualified 

23 entity’’ means an applicant for certification under 

24 subsection (c) that the Secretary of Labor certifies 


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1 as a qualified entity in accordance with such sub2 section. 

3 (5) REGISTERED APPRENTICESHIP PROGRAM.— 

4 The term ‘‘registered apprenticeship program’’ has 

5 the meaning given the term ‘‘apprenticeship pro6 gram’’ in section 3101(b). 

7 (6) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Labor. 

9 (b) IN GENERAL.— 

10 (1) APPLICATION.—Notwithstanding any other 

11 provision of law, for fiscal year 2021 and each fiscal 

12 year thereafter, each entity receiving assistance 

13 under this title, or the amendments made by this 

14 title, for a covered construction or maintenance 

15 project shall— 

16 (A) as a condition precedent to receiving 

17 any such assistance for a covered construction 

18 or maintenance project, be a qualified entity; 

19 and 

20 (B) for the duration of the covered con21 struction or maintenance project, comply with 

22 the labor standards under subsection (d) with 

23 respect to the covered construction or mainte24 nance project. 


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1 (2) INCLUSION.—Notwithstanding any other 

2 provision of law, for fiscal year 2021 and each fiscal 

3 year thereafter, each entity that is awarded a permit 

4 or lease by, or that enters into an agreement with, 

5 the Federal Government under this title or the 

6 amendments made by this title shall— 

7 (A) as a condition precedent to receiving 

8 such award or entering into such agreement, be 

9 a qualified entity; and 

10 (B) for the duration of any covered con11 struction or maintenance project related to the 

12 permit, lease, or agreement, comply with the 

13 labor standards under subsection (d) with re14 spect to the covered construction or mainte15 nance project. 

16 (c) CERTIFICATION OF QUALIFIED ENTITIES.— 

17 (1) IN GENERAL.—The Secretary shall establish 

18 a process to certify entities that submit an applica19 tion under paragraph (2) as qualified entities with 

20 respect to covered construction or maintenance 

21 projects. 

22 (2) APPLICATION PROCESS.—An entity seeking 

23 certification as a qualified entity shall submit an ap24 plication to the Secretary at such time, in such man25 ner, and containing such information as the SecVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 retary may reasonably require, including information 

2 to demonstrate compliance with the requirements 

3 under subsection (d). 

4 (3) REQUESTS FOR ADDITIONAL INFORMA5 TION.— 

6 (A) IN GENERAL.—Not later than 1 year 

7 after receiving an application from an entity 

8 under paragraph (2), the Secretary may request 

9 additional information from the entity in order 

10 to determine whether the entity is in compliance 

11 with the requirements under subsection (d). 

12 (B) ADDITIONAL INFORMATION TIMING.— 

13 The entity shall provide such additional infor14 mation within 30 days of the Secretary’s re15 quest under subparagraph (A). 

16 (4) DETERMINATION DEADLINE.—The Sec17 retary shall make a determination regarding whether 

18 to certify an entity under this subsection as a quali19 fied entity not later than— 

20 (A) in a case in which the Secretary re21 quests additional information described in para22 graph (3), 1 year after the Secretary receives 

23 such additional information from the entity; or 

24 (B) in a case that is not described in para25 graph (3)(A), 1 year after the date on which 


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1 the entity submits the application under para2 graph (2). 

3 (5) REMEDIES.— 

4 (A) PRECERTIFICATION REMEDIES.—The 

5 Secretary shall consider any corrective actions 

6 taken by an entity seeking certification under 

7 this subsection to remedy an administrative 

8 merits determination, arbitral award or deci9 sion, or civil judgment identified under sub10 section (d)(2)(C) and shall impose, as a condi11 tion of certification, any additional remedies the 

12 Secretary determines necessary, exclusively in 

13 the Secretary’s judgment, to— 

14 (i) fully remedy any such determina15 tion, decision, or judgment; and 

16 (ii) avoid further or repeated viola17 tions. 

18 (B) POSTCERTIFICATION REMEDIES.—The 

19 Secretary shall have the authority to pursue 

20 and impose any remedies the Secretary deter21 mines necessary, exclusively in the Secretary’s 

22 judgment, to fully remedy any violation of the 

23 requirements under subsection (d) by a quali24 fied entity, including back wages, reinstate25 ment, liquidated damages, treble damages, civil 


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1 penalties, orders to bargain, injunctive relief, 

2 and any other appropriate remedies. 

3 (d) LABOR STANDARDS REQUIREMENTS.— 

4 (1) APPLICABILITY.— 

5 (A) REQUIRED FOR CERTIFICATION.—The 

6 Secretary shall require an entity, as a condition 

7 of certification as a qualified entity under sub8 section (c), to satisfy each of the requirements 

9 under paragraph (2). 

10 (B) REQUIRED DURING DURATION OF

11 PROJECT.—A qualified entity shall satisfy the 

12 requirements under paragraph (2) for the dura13 tion of any covered construction or maintenance 

14 project. 

15 (2) LABOR STANDARDS.—The requirements 

16 under this paragraph are the following: 

17 (A) The entity shall ensure that all labor18 ers and mechanics employed by contractors and 

19 subcontractors in the performance of any cov20 ered construction or maintenance project shall 

21 be paid wages at rates not less than those pre22 vailing on projects of a similar character in the 

23 locality as determined by the Secretary in ac24 cordance with subchapter IV of chapter 31 of 


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1 title 40, United States Code (commonly known 

2 as the ‘‘Davis-Bacon Act’’). 

3 (B) In the case of any covered construction 

4 or maintenance project, the cost of which ex5 ceeds $25,000,000, the entity shall be a party 

6 to, or require contractors and subcontractors in 

7 the performance of such covered construction or 

8 maintenance project to consent to, a covered 

9 project labor agreement. 

10 (C) The entity, and all contractors and 

11 subcontractors in performance of any covered 

12 construction or maintenance project, shall rep13 resent in the application submitted under sub14 section (c)(2) (and periodically thereafter dur15 ing the performance of the covered construction 

16 or maintenance project as the Secretary may 

17 require) whether there has been any adminis18 trative merits determination, arbitral award or 

19 decision, or civil judgment, as defined in guid20 ance issued by the Secretary, rendered against 

21 the entity in the preceding 3 years (or, in the 

22 case of disclosures after the initial disclosure, 

23 during such period as the Secretary may pro24 vide) for violations of— 


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•S 5065 IS

1 (i) the Fair Labor Standards Act of 

2 1938 (29 U.S.C. 201 et seq.); 

3 (ii) the Occupational Safety and 

4 Health Act of 1970 (29 U.S.C. 651 et 

5 seq.); 

6 (iii) the Migrant and Seasonal Agri7 cultural Worker Protection Act (29 U.S.C. 

8 1801 et seq.); 

9 (iv) the National Labor Relations Act 

10 (29 U.S.C. 151 et seq.); 

11 (v) subchapter IV of chapter 31 of 

12 title 40, United States Code (commonly 

13 known as the ‘‘Davis-Bacon Act’’); 

14 (vi) chapter 67 of title 41, United 

15 States Code (commonly known as the 

16 ‘‘Service Contract Act’’); 

17 (vii) Executive Order 11246, as 

18 amended (relating to equal employment op19 portunity); 

20 (viii) section 503 of the Rehabilitation 

21 Act of 1973 (29 U.S.C. 793); 

22 (ix) section 4212 of title 38, United 

23 States Code; 

24 (x) the Family and Medical Leave Act 

25 of 1993 (29 U.S.C. 2601 et seq.); 


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•S 5065 IS

1 (xi) title VII of the Civil Rights Act of 

2 1964 (42 U.S.C. 2000e et seq.); 

3 (xii) the Americans with Disabilities 

4 Act of 1990 (42 U.S.C. 12101 et seq.); 

5 (xiii) the Age Discrimination in Em6 ployment Act of 1967 (29 U.S.C. 621 et 

7 seq.); 

8 (xiv) Executive Order 13658 (79 Fed. 

9 Reg. 9851; relating to establishing a min10 imum wage for contractors); or 

11 (xv) equivalent State laws, as defined 

12 in guidance issued by the Secretary. 

13 (D) The entity, and all contractors and 

14 subcontractors in the performance of the cov15 ered construction or maintenance project, shall 

16 not require arbitration for any dispute involving 

17 an employee, as described in subparagraph (E), 

18 engaged in a service for the entity or any con19 tractor and subcontractor, or enter into any 

20 agreement with such employee requiring arbi21 tration of any such dispute, unless such em22 ployee is covered by a collective bargaining 

23 agreement that provides otherwise. 

24 (E) For purposes of compliance with each 

25 Federal law and Executive order listed in 


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•S 5065 IS

1 clauses (i) through (xiv) of subparagraph (C) 

2 and the requirements under this section, the en3 tity, and all contractors and subcontractors in 

4 the performance of the covered construction or 

5 maintenance project of the entity, shall consider 

6 an individual performing any service in the per7 formance of such construction or maintenance 

8 project as an employee (and not an independent 

9 contractor) of the entity or contractor or sub10 contractor of the entity, respectively, unless— 

11 (i) the individual is free from control 

12 and direction in connection with the per13 formance of the service, both under the 

14 contract for the performance of the service 

15 and in fact; 

16 (ii) the service is performed outside 

17 the usual course of the business of the en18 tity, contractor, or subcontractor, respec19 tively; and 

20 (iii) the individual is customarily en21 gaged in an independently established 

22 trade, occupation, profession, or business 

23 of the same nature as that involved in such 

24 service. 


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1 (F) The entity shall prohibit all contrac2 tors and subcontractors in the performance of 

3 any covered construction or maintenance 

4 project of the entity from hiring employees 

5 through a temporary staffing agency unless the 

6 relevant State workforce agency certifies that 

7 temporary employees are necessary to address 

8 an acute, short-term labor demand. 

9 (G) The entity shall require all contractors, 

10 subcontractors, successors in interest of the en11 tity, and other entities that may acquire the en12 tity, in the performance or acquisition of any 

13 covered construction or maintenance project, to 

14 have and abide by an explicit neutrality policy 

15 on any issue involving the exercise by employees 

16 of the entity as described in subparagraph (E), 

17 and of all contractors and subcontractors in the 

18 performance of any covered construction or 

19 maintenance project of the entity, of the right 

20 to organize and bargain collectively through 

21 representatives of their own choosing. 

22 (H) The entity shall require all contractors 

23 and subcontractors to participate in a reg24 istered apprenticeship program for each skilled 


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•S 5065 IS

1 craft employed on any construction or mainte2 nance project. 

3 (I) The entity, and all contractors and sub4 contractors in the performance of any covered 

5 construction or maintenance project, shall not 

6 request or otherwise consider the criminal his7 tory of an applicant for employment before ex8 tending a conditional offer to the applicant, un9 less— 

10 (i) a background check is otherwise 

11 required by law; 

12 (ii) the position is for a Federal law 

13 enforcement officer (as defined in section 

14 115(c)(1) of title 18, United States Code) 

15 position; or 

16 (iii) the Secretary, after consultation 

17 with the Secretary of Energy, certifies that 

18 precluding criminal history prior to the 

19 conditional offer would pose a threat to na20 tional security. 

21 (e) DAVIS-BACON ACT.—The Secretary shall have, 

22 with respect to the labor standards described in subsection 

23 (d)(2)(A), the authority and functions set forth in Reorga24 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 


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•S 5065 IS

1 U.S.C. App.) and section 3145 of title 40, United States 

2 Code. 

3 (f) EMPLOYEE COVERAGE FOR THE PURPOSES OF

4 PROJECTS UNDER THIS TITLE.—Notwithstanding any 

5 other provision of law, for purposes of each Federal law 

6 and Executive order listed in clauses (i) through (xiv) of 

7 subsection (d)(2)(C) and for purposes of compliance with 

8 the requirements under this title, any individual per9 forming any service in the performance of a construction 

10 or maintenance project for an entity, or a contractor or 

11 subcontractor of such entity, shall be an employee (and 

12 not an independent contractor) of the entity, contractor, 

13 or subcontractor, respectively, with regard to the service 

14 performed in the performance of such project unless— 

15 (1) the individual is free from control and direc16 tion in connection with the performance of the serv17 ice, both under the contract for the performance of 

18 the service and in fact; 

19 (2) the service is performed outside the usual 

20 course of the business of the entity, contractor, or 

21 subcontractor, respectively; and 

22 (3) the individual is customarily engaged in an 

23 independently established trade, occupation, profes24 sion, or business of the same nature as that involved 

25 in such service. 


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1 (g) PERIOD OF VALIDITY FOR CERTIFICATIONS.—A 

2 certification made under subsection (c) shall be in effect 

3 for a period of 5 years. An entity may reapply to the Sec4 retary for an additional certification under this section in 

5 accordance with the application process under subsection 

6 (c)(2). 

7 (h) REVOCATION OF QUALIFIED ENTITY STATUS.— 

8 The Secretary may revoke the certification of an entity 

9 under subsection (c)as a qualified entity at any time in 

10 which the Secretary reasonably determines the entity is 

11 no longer in compliance with the requirements of sub12 section (d). 

13 (i) CERTIFICATION MAY COVER MORE THAN 1 SUB14 STANTIALLY SIMILAR PROJECT.—The Secretary may 

15 make certifications under subsection (c) that apply with 

16 respect to more than 1 construction or maintenance 

17 project if the projects to which such certification apply are 

18 substantially similar projects which meet the requirements 

19 of this section. Such projects shall be treated as a specific 

20 construction or maintenance project for purposes of sub21 section (a)(2). 

22 (j) APPLICATION OF LABOR STANDARDS TO WOOD

23 HEATER EMISSIONS REDUCTIONS GRANT PROGRAM.— 

24 With respect to the wood heater emissions reductions 

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1 withstanding any other provision of this section, the re2 quirements of this section shall apply only to work per3 formed on multifamily buildings. 

4 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 such sums as may be necessary for fiscal year 2020 and 

7 each fiscal year thereafter. 

8 SEC. 5502. WAGE RATE. 

9 (a) DAVIS-BACON ACT.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, for fiscal year 2021 and each fiscal 

12 year thereafter, all laborers and mechanics employed 

13 by contractors or subcontractors on projects assisted 

14 in whole or in part under this title or the amend15 ments made by this title, without regard to the form 

16 or type of Federal assistance provided, shall be paid 

17 wages at rates not less than those prevailing on 

18 projects of a similar character in the locality as de19 termined by the Secretary in accordance with sub20 chapter IV of chapter 31 of title 40, United States 

21 Code (commonly known as the ‘‘Davis-Bacon Act’’). 

22 (2) AUTHORITY.—With respect to the labor 

23 standards specified in paragraph (1), the Secretary 

24 of Labor shall have the authority and functions set 

25 forth in Reorganization Plan Numbered 14 of 1950 


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•S 5065 IS

1 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

2 title 40, United States Code. 

3 (b) SERVICE EMPLOYEES.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, for fiscal year 2021 and each fiscal 

6 year thereafter, all service employees, including serv7 ice employees that are routine operations workers or 

8 routine maintenance workers, who are not subject to 

9 subsection (a) and are employed by contractors or 

10 subcontractors on projects assisted in whole or in 

11 part under this title or the amendments made by 

12 this title, without regard to the form or type of Fed13 eral assistance provided, shall be paid a wage and 

14 fringe benefits that are not less than the minimum 

15 wage and fringe benefits established in accordance 

16 with chapter 67 of title 41, United States Code 

17 (commonly known as the ‘‘Service Contract Act’’). 

18 (2) DEFINITION OF SERVICE EMPLOYEE.—In 

19 this subsection, the term ‘‘service employee’’— 

20 (A) means an individual engaged in the 

21 performance of a project assisted in whole or in 

22 part under this title or the amendments made 

23 by this title, without regard to the form or type 

24 of Federal assistance provided, the principal 


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1 purpose of which is to furnish services in the 

2 United States; 

3 (B) includes an individual without regard 

4 to any contractual relationship alleged to exist 

5 between the individual and a contractor or sub6 contractor; but 

7 (C) does not include an individual em8 ployed in a bona fide executive, administrative, 

9 or professional capacity, as those terms are de10 fined in part 541 of title 29, Code of Federal 

11 Regulations. 

12 (3) AUTHORITY.—With respect to paragraphs 

13 (1) and (2), the Secretary of Labor shall have the 

14 authority and functions set forth in chapter 67 of 

15 title 41, United States Code. 

16 (c) APPLICATION OF LABOR STANDARDS TO WOOD

17 HEATER EMISSIONS REDUCTIONS GRANT PROGRAM.— 

18 With respect to the wood heater emissions reductions 

19 grant program established under section 5531(b) and not20 withstanding any other provision of this section, the re21 quirements of this section shall apply only to work per22 formed on multifamily buildings. 

23 SEC. 5503. INFRASTRUCTURE WORKFORCE EQUITY CAPAC24 ITY BUILDING PROGRAM. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) INDIVIDUAL WITH A BARRIER TO EMPLOY2 MENT.—The term ‘‘individual with a barrier to em3 ployment’’ has the meaning given such term in sec4 tion 3 of the Workforce Innovation and Opportunity 

5 Act (29 U.S.C. 3102). 

6 (2) REGISTERED APPRENTICESHIP PROGRAM.— 

7 The term ‘‘registered apprenticeship program’’ has 

8 the meaning given the term ‘‘apprenticeship pro9 gram’’ in section 3101(b). 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Labor. 

12 (4) WORKFORCE INTERMEDIARY.—The term 

13 ‘‘workforce intermediary’’ means an entity that— 

14 (A) has an affiliate network or offices in 

15 not less than 3 communities and across not less 

16 than 2 States; 

17 (B) has the programmatic capability to 

18 serve individuals with a barrier to employment 

19 or individuals who are traditionally underrep20 resented in infrastructure industries; 

21 (C) has clearly and convincingly dem22 onstrated the capacity to carry out activities de23 scribed in subsection (d); and 

24 (D) submits an application in accordance 

25 with subsection (c). 


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1 (b) CAPACITY BUILDING PROGRAM.— 

2 (1) IN GENERAL.—From the funds appro3 priated under subsection (f), the Secretary shall 

4 award grants, contracts, or other agreements or ar5 rangements as the Secretary determines appropriate, 

6 to workforce intermediaries for the purpose of build7 ing the capacity of entities receiving grants for con8 struction on federally assisted projects under this 

9 title to implement the activities and services de10 scribed in subsection (d) to more effectively serve in11 dividuals with a barrier to employment, including ex12 offenders or individuals who are traditionally under13 represented in the targeted infrastructure industry 

14 served through the job training program supported 

15 under such title. 

16 (2) AMOUNT.—The amount of a grant awarded 

17 under this section may not exceed $3,000,000. 

18 (c) APPLICATION.—A workforce intermediary seeking 

19 an award under this section shall submit to the Secretary 

20 an application at such time, in such manner, and con21 taining such information as required by the Secretary, in22 cluding a detailed description of the following: 

23 (1) The extent to which the workforce inter24 mediary has experience in conducting outreach and 

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1 management organizations, the public workforce sys2 tem, industry groups, and other stakeholders that 

3 are interested in diversifying new or existing reg4 istered apprenticeship programs, pre-apprenticeship 

5 programs, and work-based learning programs; 

6 (2) The extent to which the workforce inter7 mediary has experience meeting the workforce devel8 opment needs of individuals with a barrier to em9 ployment and individuals who are traditionally 

10 underrepresented in infrastructure industries; 

11 (3) The extent to which the workforce inter12 mediary has experience with and capability to facili13 tate— 

14 (A) formal agreements between pre-ap15 prenticeship programs, with at least one spon16 sor of a registered apprenticeship program; 

17 (B) public private partnership building; 

18 (C) supportive services; and 

19 (D) mentoring programs. 

20 (4) The capability of the workforce inter21 mediary to provide the technical assistance required 

22 to increase diversity among participants in reg23 istered apprenticeship programs or pre-apprentice24 ship programs. 


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1 (5) The capability of the workforce inter2 mediary to measure the impact of targeted strategies 

3 and technical assistance. 

4 (d) USE OF FUNDS.—A qualified entity receiving a 

5 grant under this section shall use grant funds to provide 

6 technical assistance to entities receiving a grant under this 

7 title in order for such entities to carry out the following 

8 activities and services: 

9 (1) Providing professional development activi10 ties. 

11 (2) The provision of outreach and recruitment 

12 activities, including assessments of potential partici13 pants for such activities, and enrollment of partici14 pants. 

15 (3) The coordination of services across pro16 viders and programs. 

17 (4) The development of performance account18 ability measures. 

19 (5) Connecting employers to— 

20 (A) work-based learning programs; 

21 (B) registered apprenticeship programs; or 

22 (C) pre-apprenticeship programs with a 

23 formal agreement with one or more registered 

24 apprenticeship programs. 


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1 (6) Assisting in the design and implementation 

2 of registered apprenticeship programs and pre-ap3 prenticeship programs, including curriculum develop4 ment and delivery for related instruction. 

5 (7) Developing and providing personalized pro6 gram participant supports, including by partnering 

7 with organizations to provide access to or referrals 

8 for supportive services and financial advising. 

9 (8) Providing services, resources, and supports 

10 for development, delivery, expansion, or improvement 

11 of work-based learning programs, registered appren12 ticeship programs, or pre-apprenticeship programs. 

13 (e) REPORT.—A workforce intermediary receiving a 

14 grant under this section shall, not later than 6 months 

15 after the grant is awarded, submit to the Secretary a re16 port that includes— 

17 (1) the impact of the technical assistance pro18 vided under this section; and 

19 (2) such other criteria as determined by the 

20 Secretary. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $150,000,000 for fiscal year 2021, to remain available 

24 through fiscal year 2024. 


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1 SEC. 5504. SEVERABILITY. 

2 If any provision of this subtitle, any amendment 

3 made by this subtitle, or the application of such provision 

4 or amendment to any person or circumstance is held to 

5 be unconstitutional, the remainder of this Act, the amend6 ments made by this Act, and the application of such provi7 sion or amendment to any other person or circumstance 

8 shall not be affected. 

9 TITLE VI—NEW HOMEBUYERS 

10 DOWN PAYMENT TAX CREDIT 

11 SEC. 6001. DOWN PAYMENT TAX CREDIT FOR FIRST-TIME 

12 HOMEBUYERS. 

13 (a) IN GENERAL.—Section 36 of the Internal Rev14 enue Code of 1986 is amended to read as follows: 

15 ‘‘SEC. 36. DOWN PAYMENT TAX CREDIT FOR FIRST-TIME 

16 HOMEBUYERS. 

17 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in18 dividual who is a first-time homebuyer of a principal resi19 dence in the United States during a taxable year, there 

20 shall be allowed as a credit against the tax imposed by 

21 this subtitle for such taxable year an amount equal to 6 

22 percent of the purchase price of the residence. 

23 ‘‘(b) LIMITATIONS; SPECIAL RULES BASED ON MAR24 ITAL AND FILING STATUS.— 

25 ‘‘(1) DOLLAR LIMITATION.—The credit allowed 

26 under subsection (a) shall not exceed $15,000. 


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1 ‘‘(2) LIMITATION BASED ON PURCHASE

2 PRICE.—The amount allowable as a credit under 

3 subsection (a) (determined without regard to this 

4 paragraph and paragraph (3), and after the applica5 tion of paragraph (1)) for the taxable year shall be 

6 reduced (but not below zero) by the amount which 

7 bears the same ratio to the amount which is so al8 lowable as— 

9 ‘‘(A) the excess (if any) of— 

10 ‘‘(i) the purchase price of the resi11 dence, over 

12 ‘‘(ii) $400,000, bears to 

13 ‘‘(B) $100,000. 

14 ‘‘(3) LIMITATION BASED ON MODIFIED AD15 JUSTED GROSS INCOME.— 

16 ‘‘(A) IN GENERAL.—The amount allowable 

17 as a credit under subsection (a) (determined 

18 without regard to this paragraph and after the 

19 application of paragraphs (1) and (2)) for the 

20 taxable year shall be reduced (but not below 

21 zero) by the amount which bears the same ratio 

22 to the amount which is so allowable as— 

23 ‘‘(i) the excess (if any) of— 


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1 ‘‘(I) the taxpayer’s modified ad2 justed gross income for such taxable 

3 year, over 

4 ‘‘(II) $100,000 ($200,000 in the 

5 case of a joint return), bears to 

6 ‘‘(ii) $20,000. 

7 ‘‘(B) MODIFIED ADJUSTED GROSS IN8 COME.—For purposes of subparagraph (A), the 

9 term ‘modified adjusted gross income’ means 

10 the adjusted gross income of the taxpayer for 

11 the taxable year increased by any amount ex12 cluded from gross income under section 911, 

13 931, or 933. 

14 ‘‘(4) AGE LIMITATION.—No credit shall be al15 lowed under subsection (a) with respect to the pur16 chase of any residence for a taxable year if— 

17 ‘‘(A) the taxpayer has not attained age 18 

18 as of the date of such purchase, or 

19 ‘‘(B) a deduction under section 151 with 

20 respect to the taxpayer is allowable to another 

21 taxpayer for the taxable year. 

22 In the case of a taxpayer who is married, the tax23 payer shall be treated as meeting the age require24 ment of subparagraph (A) if the taxpayer or the tax25 payer’s spouse meets such age requirement. 


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1 ‘‘(5) MULTIPLE PURCHASERS.—If two or more 

2 individuals who are not married purchase a principal 

3 residence, the amount of the credit under subsection 

4 (a) shall be allocated among such individuals in such 

5 manner as the Secretary may prescribe by taking 

6 into account the requirements of paragraphs (2) and 

7 (3), except that the total amount of the credits al8 lowed to all such individuals shall not exceed 

9 $15,000. 

10 ‘‘(6) MARRIED COUPLES MUST FILE JOINT RE11 TURN.—If an individual is married at the close of 

12 the taxable year, the credit shall be allowed under 

13 subsection (a) only if the individual and the individ14 ual’s spouse file a joint return for the taxable year. 

15 ‘‘(c) DEFINITIONS.—For purposes of this section— 

16 ‘‘(1) FIRST-TIME HOMEBUYER.— 

17 ‘‘(A) IN GENERAL.—The term ‘first-time 

18 homebuyer’ means any individual who acquires 

19 a principal residence by purchase if such indi20 vidual (and, if married, such individual’s 

21 spouse)— 

22 ‘‘(i) has not claimed any credit or de23 duction under this title for any previous 

24 taxable year with respect to the purchase 

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1 tial real estate (including for any expendi2 tures relating to the placing in service of 

3 any property on, in connection with, or for 

4 use in such a residence or real estate), and 

5 ‘‘(ii) attests under penalty of perjury 

6 that— 

7 ‘‘(I) the individual (and, if mar8 ried, the individual’s spouse) has not 

9 owned a principal residence at any 

10 time prior to the purchase of the prin11 cipal residence to which this section 

12 applies, and 

13 ‘‘(II) the principal residence to 

14 which this section applies was not ac15 quired from a person related to such 

16 individual or spouse. 

17 ‘‘(B) WAIVER IN CASE OF CERTAIN

18 CHANGES IN STATUS.—The Secretary may, in 

19 such manner as the Secretary may prescribe, 

20 waive the requirements of subparagraph (A) for 

21 a taxable year in the case of an individual who 

22 is not eligible to file a joint return for the tax23 able year, and who was married at the time the 

24 individual or the individual’s former spouse pur25 chased a previous residence. 


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1 ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin2 cipal residence’ has the same meaning as when used 

3 in section 121. 

4 ‘‘(3) PURCHASE.— 

5 ‘‘(A) IN GENERAL.—The term ‘purchase’ 

6 means any acquisition, but only if— 

7 ‘‘(i) the property is not acquired from 

8 a person related to the person acquiring 

9 such property (or, if either such person is 

10 married, such individual’s spouse), and 

11 ‘‘(ii) the basis of the property in the 

12 hands of the person acquiring such prop13 erty is not determined— 

14 ‘‘(I) in whole or in part by ref15 erence to the adjusted basis of such 

16 property in the hands of the person 

17 from whom acquired, or 

18 ‘‘(II) under section 1014(a). 

19 ‘‘(B) CONSTRUCTION.—A residence which 

20 is constructed by the taxpayer shall be treated 

21 as purchased by the taxpayer on the date the 

22 taxpayer first occupies such residence. 

23 ‘‘(4) PURCHASE PRICE.—The term ‘purchase 

24 price’ means the adjusted basis (without regard to 

25 any reduction under section 1016(a)(38)) of the 


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•S 5065 IS

1 principal residence on the date such residence is pur2 chased. 

3 ‘‘(5) RELATED PERSONS.—A person shall be 

4 treated as related to another person if the relation5 ship between such persons would result in the dis6 allowance of losses under section 267 or 707(b) (but, 

7 in applying subsections (b) and (c) of section 267 

8 for purposes of this section, paragraph (4) of section 

9 267(c) shall be treated as providing that the family 

10 of an individual shall include only the individual’s 

11 spouse, ancestors, lineal descendants, and spouse’s 

12 ancestors and lineal descendants). 

13 ‘‘(6) MARITAL STATUS.—An individual’s mar14 ital status shall be determined in accordance with 

15 section 7703. 

16 ‘‘(d) DENIAL AND RECAPTURE RULES IN CASE OF

17 DISPOSAL OF RESIDENCE WITHIN 5 TAXABLE YEARS.— 

18 ‘‘(1) DENIAL OF CREDIT IN CASE OF DISPOSAL

19 WITHIN TAXABLE YEAR.—No credit under sub20 section (a) shall be allowed to any taxpayer for any 

21 taxable year with respect to the purchase of a resi22 dence if the taxpayer disposes of such residence (or 

23 such residence ceases to be the principal residence of 

24 the taxpayer (and, if married, the taxpayer’s 

25 spouse)) before the close of such taxable year. 


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1 ‘‘(2) PARTIAL RECAPTURE.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (D), if the taxpayer disposes of 

4 the residence with respect to which a credit was 

5 allowed under subsection (a) (or such residence 

6 ceases to be the principal residence of the tax7 payer (and, if married, the taxpayer’s spouse)) 

8 during the 4-taxable-year period beginning with 

9 the taxable year immediately following the cred10 it year, the tax imposed by this chapter for the 

11 taxable year in which such disposal (or ces12 sation) occurs shall be increased by an amount 

13 equal to the recapture percentage of the 

14 amount of the credit so allowed. 

15 ‘‘(B) CREDIT YEAR.—For purposes of sub16 paragraph (A), the term ‘credit year’ means the 

17 taxable year in which the credit under sub18 section (a) was allowed. 

19 ‘‘(C) RECAPTURE PERCENTAGE.—For pur20 poses of subparagraph (A), the recapture per21 centage with respect to any disposal or ces22 sation described in such subparagraph shall be 

23 determined in accordance with the following 

24 table: 


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‘‘If the disposal or cessation The recapture 

occurs in: percentage is: 

the 1st taxable year beginning after the credit year ................... 80 percent

the 2nd taxable year beginning after the credit year .................. 60 percent

the 3rd taxable year beginning after the credit year ................... 40 percent

the 4th taxable year beginning after the credit year ................... 20 percent. 

1 ‘‘(D) EXCEPTIONS.—This paragraph shall 

2 not apply in the case of a disposal or cessation 

3 described in subparagraph (A) which occurs 

4 after or incident to any of the following: 

5 ‘‘(i) Death of the taxpayer or the tax6 payer’s spouse. 

7 ‘‘(ii) Divorce of the taxpayer. 

8 ‘‘(iii) Involuntary conversion of the 

9 residence (within the meaning of section 

10 121(d)(5)(A)). 

11 ‘‘(iv) Relocation of duty station or 

12 qualified official extended duty (as defined 

13 in section 121(d)(9)(C)) of the taxpayer or 

14 the taxpayer’s spouse who is a member of 

15 the uniformed services (as defined in sec16 tion 121(d)(9)(C)(ii)), a member of the 

17 Foreign Service of the United States (as 

18 defined in section 121(d)(9)(C)(iii)), or an 

19 employee of the intelligence community (as 

20 defined in section 121(d)(9)(C)(iv)). 


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•S 5065 IS

1 ‘‘(v) Change of employment of the 

2 taxpayer or the taxpayer’s spouse which 

3 meets the conditions of section 217(c). 

4 ‘‘(vi) Loss of employment, health con5 ditions, or such other unforeseen cir6 cumstances as may be specified by the Sec7 retary. 

8 ‘‘(e) ADJUSTMENT TO BASIS.—For purposes of this 

9 subtitle, if a credit is allowed under this section with re10 spect to any property, the taxpayer’s basis in such prop11 erty shall be reduced by the amount of the credit so al12 lowed. 

13 ‘‘(f) REPORTING.— 

14 ‘‘(1) IN GENERAL.—A credit shall be allowed 

15 under this section only if the following are included 

16 on the return of tax: 

17 ‘‘(A) The individual’s (and, if married, the 

18 individual’s spouse’s) social security number 

19 issued by the Social Security Administration. 

20 ‘‘(B) The street address (not including a 

21 post office box) of the principal residence pur22 chased. 

23 ‘‘(C) The purchase price of the principal 

24 residence. 


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•S 5065 IS

1 ‘‘(D) The date of purchase of the principal 

2 residence. 

3 ‘‘(E) The closing disclosure relating to the 

4 purchase (in the case of a purchase financed by 

5 a mortgage). 

6 ‘‘(2) REPORTING OF REAL ESTATE TRANS7 ACTIONS.—If the Secretary requires information re8 porting under section 6045 by a person described in 

9 subsection (e)(2) thereof to verify the eligibility of 

10 taxpayers for the credit allowable by this section, the 

11 exception provided by section 6045(e)(5) shall not 

12 apply. 

13 ‘‘(g) TERMINATION.—Subsection (a) shall not apply 

14 to any purchase of a principal residence after December 

15 31, 2021.’’. 

16 (b) CONFORMING AMENDMENT RELATING TO BASIS

17 ADJUSTMENT.—Subsection (a) of section 1016 of the In18 ternal Revenue Code of 1986 is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (37), 

21 (2) by redesignating paragraph (38) as para22 graph (39), and 

23 (3) by inserting after paragraph (37) the fol24 lowing new paragraph: 

25 ‘‘(38) to the extent provided in section 36(e).’’. 


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•S 5065 IS

1 (c) CONFORMING AMENDMENT.—Section 26(b)(2) of 

2 the Internal Revenue Code of 1986 is amended by striking 

3 subparagraph (W) and by redesignating subparagraphs 

4 (X) and (Y) as subparagraphs (W) and (X), respectively. 

5 (d) CLERICAL AMENDMENT.—The item relating to 

6 section 36 in the table of sections for subpart C of part 

7 IV of subchapter A of chapter 1 of the Internal Revenue 

8 Code of 1986 is amended to read as follows: 

‘‘Sec. 36. Down payment tax credit for first-time homebuyers.’’. 

9 (e) AUTHORITY TO TREAT CLAIM OF CREDIT AS

10 ERROR, ETC.—Subparagraph (N) of section 6213(g)(2) of 

11 the Internal Revenue Code of 1986 is amended to read 

12 as follows: 

13 ‘‘(N) in the case of a return claiming the 

14 credit under section 36— 

15 ‘‘(i) the omission of a social security 

16 number required under section 36(f)(1)(A), 

17 ‘‘(ii) the inclusion of a social security 

18 number so required if— 

19 ‘‘(I) the claim of the credit on 

20 the return reflects the treatment of 

21 such individual as being of an age dif22 ferent from the individual’s age based 

23 on such social security number, or 

24 ‘‘(II) except as provided in sec25 tion 36(c)(1)(B), such social security 


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•S 5065 IS

1 number has been included (other than 

2 as a dependent for purposes of section 

3 151) on a return for any previous tax4 able year claiming any credit or de5 duction described in section 

6 36(c)(1)(A)(i), 

7 ‘‘(iii) the omission of any other re8 quired information or documentation de9 scribed in section 36(f)(1), including the 

10 inclusion of a post office box instead of a 

11 street address for the purchased residence, 

12 ‘‘(iv) the inclusion of any information 

13 or documentation described in clause (iii) 

14 if such information or documentation does 

15 not support a valid claim for the credit, or 

16 ‘‘(v) a claim of such credit for a tax17 able year with respect to the purchase of 

18 a residence made after the last day of such 

19 taxable year, or’’. 

20 (f) IRS RECORDKEEPING.—Notwithstanding the lim21 itations on assessment and collection under section 6501 

22 of the Internal Revenue Code of 1986, the Commissioner 

23 of Internal Revenue shall maintain in perpetuity records 

24 of returns and return information (as defined in section 

25 6103(b)(2) of such Code) of any taxpayer claiming the 


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•S 5065 IS

1 credit under section 36 of such Code (as amended by this 

2 section) for the taxable year in which such credit is 

3 claimed and succeeding taxable years. The Commissioner 

4 may, in the Commissioner’s discretion, discard such 

5 records within a reasonable amount of time after the death 

6 of such taxpayer (and, if married, the taxpayer’s spouse). 

7 (g) ADVANCEABILITY OF CREDIT.— 

8 (1) REPORT.—Not later than 90 days after the 

9 date of the enactment of this Act, the Secretary of 

10 the Treasury (or such Secretary’s delegate) shall re11 port to the Committee on Finance of the Senate and 

12 the Committee on Ways and Means of the House of 

13 Representatives on administrative options developed 

14 by such Secretary (or delegate) for making the cred15 it under section 36 of the Internal Revenue Code of 

16 1986, as amended by this Act, advanceable to the 

17 taxpayer at the time of purchase of the principal 

18 residence with respect to which such credit is deter19 mined. 

20 (2) REGULATIONS.—The Secretary of the 

21 Treasury (or such Secretary’s delegate) shall pro22 mulgate regulations or other guidance implementing 

23 advanceability of the credit under such section 36 

24 based on feedback from the Committee on Finance 

25 of the Senate and the Committee on Ways and 


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•S 5065 IS

1 Means of the House of Representatives on the report 

2 required by paragraph (1). 

3 (h) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to residences purchased in taxable 

5 years beginning after December 31, 2020. 

6 TITLE VII—RENTERS AND LOW7 INCOME HOUSING TAX CREDITS 

8 SEC. 7001. RENTERS CREDIT. 

9 (a) IN GENERAL.—Subpart C of part IV of sub10 chapter A of chapter 1 of the Internal Revenue Code of 

11 1986 is amended by inserting after section 36B the fol12 lowing new section: 

13 ‘‘SEC. 36C. RENTERS CREDIT. 

14 ‘‘(a) DETERMINATION OF CREDIT AMOUNT.— 

15 ‘‘(1) IN GENERAL.—There shall be allowed as a 

16 credit against the tax imposed by this subtitle for 

17 any taxable year an amount equal to the sum of the 

18 amounts determined under paragraph (2) for all 

19 qualified buildings with a credit period which in20 cludes months occurring during the taxable year. 

21 ‘‘(2) QUALIFIED BUILDING AMOUNT.—The 

22 amount determined under this paragraph with re23 spect to any qualified building for any taxable year 

24 shall be an amount equal to the lesser of— 


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•S 5065 IS

1 ‘‘(A) the aggregate qualified rental reduc2 tion amounts for all eligible units within such 

3 building for months occurring during the tax4 able year which are within the credit period for 

5 such building, or 

6 ‘‘(B) the rental reduction credit amount al7 located to such building for such months. 

8 ‘‘(3) QUALIFIED BUILDING.—For purposes of 

9 this section— 

10 ‘‘(A) IN GENERAL.—The term ‘qualified 

11 building’ means any building which is residen12 tial rental property (as defined in section 

13 168(e)(2)(A)) of the taxpayer with respect to 

14 which— 

15 ‘‘(i) a rental reduction credit amount 

16 has been allocated by a rental reduction 

17 credit agency of a State, and 

18 ‘‘(ii) a qualified rental reduction 

19 agreement is in effect. 

20 ‘‘(B) BUILDING NOT DISQUALIFIED BY

21 OTHER ASSISTANCE.—A building shall not fail 

22 to be treated as a qualified building merely be23 cause— 

24 ‘‘(i) a credit was allowed under section 

25 42 with respect to such building or there 


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•S 5065 IS

1 was any other Federal assistance in the 

2 construction or rehabilitation of such 

3 building, or 

4 ‘‘(ii) Federal rental assistance was 

5 provided for such building during any pe6 riod preceding the credit period. 

7 ‘‘(b) QUALIFIED RENTAL REDUCTION AMOUNT.— 

8 For purposes of this section— 

9 ‘‘(1) IN GENERAL.—The term ‘qualified rental 

10 reduction amount’ means, with respect to any eligi11 ble unit for any month, an amount equal to the ap12 plicable percentage (as determined under subsection 

13 (e)(1)) of the excess of— 

14 ‘‘(A) the applicable rent for such unit, over 

15 ‘‘(B) the family rental payment required 

16 for such unit. 

17 ‘‘(2) APPLICABLE RENT.— 

18 ‘‘(A) IN GENERAL.—The term ‘applicable 

19 rent’ means, with respect to any eligible unit 

20 for any month, the lesser of— 

21 ‘‘(i) the amount of rent which would 

22 be charged for a substantially similar unit 

23 with the same number of bedrooms in the 

24 same building which is not an eligible unit, 

25 or 


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•S 5065 IS

1 ‘‘(ii) an amount equal to the market 

2 rent standard for such unit. 

3 ‘‘(B) MARKET RENT STANDARD.— 

4 ‘‘(i) IN GENERAL.—The market rent 

5 standard with respect to any eligible unit 

6 is— 

7 ‘‘(I) the small area fair market 

8 rent determined by the Secretary of 

9 Housing and Urban Development for 

10 units with the same number of bed11 rooms in the same zip code tabulation 

12 area, or 

13 ‘‘(II) if there is no rent described 

14 in subclause (I) for such area, the fair 

15 market rent determined by such Sec16 retary for units with the same number 

17 of bedrooms in the same county. 

18 ‘‘(ii) STATE OPTION.—A State may in 

19 its rental reduction allocation plan provide 

20 that the market rent standard for all (or 

21 any part) of a zip code tabulation area or 

22 county within the State shall be equal to a 

23 percentage (not less than 75 nor more 

24 than 125) of the amount determined under 


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•S 5065 IS

1 clause (i) (after application of clause (iii)) 

2 for such area or county. 

3 ‘‘(iii) MINIMUM AMOUNT.—Notwith4 standing clause (i), the market rent stand5 ard with respect to any eligible unit for 

6 any year in the credit period after the first 

7 year in the credit period for such unit shall 

8 not be less than the market rent standard 

9 determined for such first year. 

10 ‘‘(3) FAMILY RENTAL PAYMENT REQUIRE11 MENTS.— 

12 ‘‘(A) IN GENERAL.—Each qualified rental 

13 reduction agreement with respect to any quali14 fied building shall require that the family rental 

15 payment for an eligible unit within such build16 ing for any month shall be equal to the lesser 

17 of— 

18 ‘‘(i) 30 percent of the monthly family 

19 income of the residents of the unit (as de20 termined under subsection (e)(5)), or 

21 ‘‘(ii) the applicable rent for such unit. 

22 ‘‘(B) UTILITY COSTS.—Any utility allow23 ance (determined by the Secretary in the same 

24 manner as under section 42(g)(2)(B)(ii)) paid 

25 by residents of an eligible unit shall be taken 


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•S 5065 IS

1 into account as rent in determining the family 

2 rental payment for such unit for purposes of 

3 this paragraph. 

4 ‘‘(c) RENTAL REDUCTION CREDIT AMOUNT.—For 

5 purposes of this section— 

6 ‘‘(1) DETERMINATION OF AMOUNT.— 

7 ‘‘(A) IN GENERAL.—The term ‘rental re8 duction credit amount’ means, with respect to 

9 any qualified building, the dollar amount which 

10 is allocated to such building (and to eligible 

11 units within such building) under this sub12 section. Such dollar amount shall be allocated 

13 to months in the credit period with respect to 

14 such building (and such units) on the basis of 

15 the estimates described in paragraph (2)(B). 

16 ‘‘(B) ALLOCATION ON PROJECT BASIS.—In 

17 the case of a project which includes (or will in18 clude) more than 1 building, the rental reduc19 tion credit amount shall be the dollar amount 

20 which is allocated to such project for all build21 ings included in such project. Subject to the 

22 limitation under subsection (e)(3)(B), such 

23 amount shall be allocated among such buildings 

24 in the manner specified by the taxpayer unless 

25 the qualified rental reduction agreement with 


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•S 5065 IS

1 respect to such project provides for such alloca2 tion. 

3 ‘‘(2) STATE ALLOCATION.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (C), each rental reduction credit 

6 agency of a State shall each calendar year allo7 cate its portion of the State rental reduction 

8 credit ceiling to qualified buildings (and to eligi9 ble units within each such building) in accord10 ance with the State rental reduction allocation 

11 plan. 

12 ‘‘(B) ALLOCATIONS TO EACH BUILDING.— 

13 The rental reduction credit amount allocated to 

14 any qualified building shall not exceed the ag15 gregate qualified rental reduction amounts 

16 which such agency estimates will occur over the 

17 credit period for eligible units within such 

18 building, based on reasonable estimates of 

19 rents, family incomes, and vacancies in accord20 ance with procedures established by the State 

21 as part of its State rental reduction allocation 

22 plan. 

23 ‘‘(C) SPECIFIC ALLOCATIONS.— 

24 ‘‘(i) NONPROFIT ORGANIZATIONS.—At 

25 least 25 percent of the State rental reducVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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•S 5065 IS

1 tion credit ceiling for any State for any 

2 calendar year shall be allocated to qualified 

3 buildings in which a qualified nonprofit or4 ganization (as defined in section 

5 42(h)(5)(C)) owns (directly or through a 

6 partnership) an interest and materially 

7 participates (within the meaning of section 

8 469(h)) in the operation of the building 

9 throughout the credit period. A State may 

10 waive or lower the requirement under this 

11 clause for any calendar year if it deter12 mines that meeting such requirement is 

13 not feasible. 

14 ‘‘(ii) RURAL AREAS.— 

15 ‘‘(I) IN GENERAL.—The State 

16 rental reduction credit ceiling for any 

17 State for any calendar year shall be 

18 allocated to buildings in rural areas 

19 (as defined in section 520 of the 

20 Housing Act of 1949) in an amount 

21 which, as determined by the Secretary 

22 of Housing and Urban Development, 

23 bears the same ratio to such ceiling as 

24 the number of extremely low-income 

25 households with severe rent burdens 


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•S 5065 IS

1 in such rural areas bears to the total 

2 number of such households in the 

3 State. 

4 ‘‘(II) ALTERNATIVE 5-YEAR

5 TESTING PERIOD.—In the case of the 

6 5-calendar year period beginning in 

7 2021, a State shall not be treated as 

8 failing to meet the requirements of 

9 subclause (I) for any calendar year in 

10 such period if, as determined by the 

11 Secretary, the average annual amount 

12 allocated to such rural areas during 

13 such period meets such requirements. 

14 ‘‘(3) APPLICATION OF ALLOCATED CREDIT

15 AMOUNT.— 

16 ‘‘(A) AMOUNT AVAILABLE TO TAXPAYER

17 FOR ALL MONTHS IN CREDIT PERIOD.—Any 

18 rental reduction credit amount allocated to any 

19 qualified building out of the State rental reduc20 tion credit ceiling for any calendar year shall 

21 apply to such building for all months in the 

22 credit period ending during or after such cal23 endar year. 

24 ‘‘(B) CEILING FOR ALLOCATION YEAR RE25 DUCED BY ENTIRE CREDIT AMOUNT.—Any 


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•S 5065 IS

1 rental reduction credit amount allocated to any 

2 qualified building out of an allocating agency’s 

3 State rental reduction credit ceiling for any cal4 endar year shall reduce such ceiling for such 

5 calendar year by the entire amount so allocated 

6 for all months in the credit period (as deter7 mined on the basis of the estimates under para8 graph (2)(B)) and no reduction shall be made 

9 in such agency’s State rental reduction credit 

10 ceiling for any subsequent calendar year by rea11 son of such allocation. 

12 ‘‘(4) STATE RENTAL REDUCTION CREDIT CEIL13 ING.— 

14 ‘‘(A) IN GENERAL.—The State rental re15 duction credit ceiling applicable to any State for 

16 any calendar year shall be an amount equal to 

17 the sum of— 

18 ‘‘(i) the greater of— 

19 ‘‘(I) the per capita dollar amount 

20 multiplied by the State population, or 

21 ‘‘(II) the minimum ceiling 

22 amount, plus 

23 ‘‘(ii) the amount of the State rental 

24 reduction credit ceiling returned in the cal25 endar year. 


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•S 5065 IS

1 ‘‘(B) RETURN OF STATE CEILING

2 AMOUNTS.—For purposes of subparagraph 

3 (A)(ii), except as provided in subsection (d)(2), 

4 the amount of the State rental reduction credit 

5 ceiling returned in a calendar year equals the 

6 amount of the rental reduction credit amount 

7 allocated to any building which, after the close 

8 of the calendar year for which the allocation is 

9 made— 

10 ‘‘(i) is canceled by mutual consent of 

11 the rental reduction credit agency and the 

12 taxpayer because the estimates made under 

13 paragraph (2)(B) were substantially incor14 rect, or 

15 ‘‘(ii) is canceled by the rental reduc16 tion credit agency because the taxpayer 

17 violates the qualified rental reduction 

18 agreement and, under the terms of the 

19 agreement, the rental reduction credit 

20 agency is authorized to cancel all (or any 

21 portion) of the allocation by reason of the 

22 violation. 

23 ‘‘(C) PER CAPITA DOLLAR AMOUNT; MIN24 IMUM CEILING AMOUNT.—For purposes of this 

25 paragraph— 


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•S 5065 IS

1 ‘‘(i) PER CAPITA DOLLAR AMOUNT.— 

2 The per capita dollar amount is— 

3 ‘‘(I) for each of calendar years 

4 2021, 2022, 2023, 2024, and 2025, 

5 $14.35, and 

6 ‘‘(II) for any calendar year after 

7 2025, zero. 

8 ‘‘(ii) MINIMUM CEILING AMOUNT.— 

9 The minimum ceiling amount is— 

10 ‘‘(I) for each of calendar years 

11 2021, 2022, 2023, 2024, and 2025, 

12 $25,000,000, and 

13 ‘‘(II) for any calendar year after 

14 2025, zero. 

15 ‘‘(D) POPULATION.—For purposes of this 

16 paragraph, population shall be determined in 

17 accordance with section 146(j). 

18 ‘‘(E) UNUSED RENTAL REDUCTION CREDIT

19 ALLOCATED AMONG CERTAIN STATES.— 

20 ‘‘(i) IN GENERAL.—The unused rental 

21 reduction credit of a State for any cal22 endar year shall be assigned to the Sec23 retary for allocation among qualified 

24 States for the succeeding calendar year. 


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•S 5065 IS

1 ‘‘(ii) UNUSED RENTAL REDUCTION

2 CREDIT.—For purposes of this subpara3 graph, the unused rental reduction credit 

4 of a State for any calendar year is the ex5 cess (if any) of— 

6 ‘‘(I) the State rental reduction 

7 credit ceiling for the year preceding 

8 such year, over 

9 ‘‘(II) the aggregate rental reduc10 tion credit amounts allocated for such 

11 year. 

12 ‘‘(iii) FORMULA FOR ALLOCATION OF

13 UNUSED CREDIT AMONG QUALIFIED

14 STATES.—The amount allocated under this 

15 subparagraph to a qualified State for any 

16 calendar year shall be the amount deter17 mined by the Secretary to bear the same 

18 ratio to the aggregate unused rental reduc19 tion credits of all States for the preceding 

20 calendar year as such State’s population 

21 for the calendar year bears to the popu22 lation of all qualified States for the cal23 endar year. For purposes of the preceding 

24 sentence, population shall be determined in 

25 accordance with section 146(j). 


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•S 5065 IS

1 ‘‘(iv) QUALIFIED STATE.—For pur2 poses of this subparagraph, the term 

3 ‘qualified State’ means, with respect to a 

4 calendar year, any State— 

5 ‘‘(I) which allocated its entire 

6 State rental reduction credit ceiling 

7 for the preceding calendar year, and 

8 ‘‘(II) for which a request is made 

9 (at such time and in such manner as 

10 the Secretary may prescribe) to re11 ceive an allocation under clause (iii). 

12 ‘‘(5) OTHER DEFINITIONS.—For purposes of 

13 this section— 

14 ‘‘(A) RENTAL REDUCTION CREDIT AGEN15 CY.—The term ‘rental reduction credit agency’ 

16 means any agency authorized by a State to 

17 carry out this section. Such authorization shall 

18 include the jurisdictions within the State where 

19 the agency may allocate rental reduction credit 

20 amounts. 

21 ‘‘(B) POSSESSIONS TREATED AS STATES.— 

22 The term ‘State’ includes a possession of the 

23 United States. 


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•S 5065 IS

1 ‘‘(C) FAMILY.—The term ‘family’ has the 

2 same meaning as when used in the United 

3 States Housing Act of 1937. 

4 ‘‘(d) MODIFICATIONS TO CORRECT INACCURATE

5 AMOUNTS DUE TO INCORRECT ESTIMATES.— 

6 ‘‘(1) ESTABLISHMENT OF RESERVES.— 

7 ‘‘(A) IN GENERAL.—Each rental reduction 

8 credit agency of a State shall establish a reserve 

9 for the transfer and reallocation of amounts 

10 pursuant to this paragraph, and notwith11 standing any other provision of this section, the 

12 rental reduction credit amount allocated to any 

13 building by such agency shall be zero unless 

14 such agency has in effect such a reserve at the 

15 time of the allocation of such credit amount. 

16 ‘‘(B) TRANSFERS TO RESERVE.— 

17 ‘‘(i) IN GENERAL.—If, for any taxable 

18 year, a taxpayer would (but for this sub19 paragraph) not be able to use the entire 

20 rental reduction credit amount allocated to 

21 a qualified building by a rental reduction 

22 credit agency of a State for the taxable 

23 year because of a rental reduction short24 fall, then the taxpayer shall for the taxable 

25 year transfer to the reserve established by 


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•S 5065 IS

1 such agency under subparagraph (A) an 

2 amount equal to such rental reduction 

3 shortfall. 

4 ‘‘(ii) RENTAL REDUCTION SHORT5 FALL.—For purposes of this subpara6 graph, the rental reduction shortfall for 

7 any qualified building for any taxable year 

8 is the amount by which the aggregate 

9 amount of the excesses determined under 

10 subsection (b)(1) for all eligible units with11 in such building are less than such aggre12 gate amount estimated under subsection 

13 (c)(2)(B) for the taxable year. 

14 ‘‘(iii) TREATMENT OF TRANSFERRED

15 AMOUNT.—For purposes of subsection 

16 (a)(2)(A), the aggregate qualified rental 

17 reduction amounts for all eligible units 

18 within a qualified building with respect to 

19 which clause (i) applies for any taxable 

20 year shall be increased by an amount equal 

21 to the applicable percentage (determined 

22 under subsection (e)(1) for the building) of 

23 the amount of the transfer to the reserve 

24 under clause (i) with respect to such build25 ing for such taxable year. 


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•S 5065 IS

1 ‘‘(C) REALLOCATION OF AMOUNTS TRANS2 FERRED.— 

3 ‘‘(i) IN GENERAL.—If, for any taxable 

4 year— 

5 ‘‘(I) the aggregate qualified rent6 al reduction amounts for all eligible 

7 units within a qualified building for 

8 the taxable year exceed 

9 ‘‘(II) the rental reduction credit 

10 amount allocated to such building by 

11 a rental reduction credit agency of a 

12 State for the taxable year (determined 

13 after any increase under paragraph 

14 (2)), 

15 the rental reduction credit agency shall, 

16 upon application of the taxpayer, pay to 

17 the taxpayer from the reserve established 

18 by such agency under subparagraph (A) 

19 the amount which, when multiplied by the 

20 applicable percentage (determined under 

21 subsection (e)(1) for the building), equals 

22 such excess. If the amount in the reserve 

23 is less than the amounts requested by all 

24 taxpayers for taxable years ending within 

25 the same calendar year, the agency shall 


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•S 5065 IS

1 ratably reduce the amount of each pay2 ment otherwise required to be made. 

3 ‘‘(ii) EXCESS RESERVE AMOUNTS.—If 

4 a rental reduction credit agency of a State 

5 determines that the balance in its reserve 

6 is in excess of the amounts reasonably 

7 needed over the following 5 calendar years 

8 to make payments under clause (i), the 

9 agency may withdraw such excess but only 

10 to— 

11 ‘‘(I) reduce the rental payments 

12 of eligible tenants in a qualified build13 ing in units other than eligible units, 

14 or of eligible tenants in units in a 

15 building other than a qualified build16 ing, to amounts no higher than the 

17 sum of rental payments required for 

18 eligible tenants in qualified buildings 

19 under subsection (b)(3) and any rent20 al charges to such tenants in excess of 

21 the market rent standard; or 

22 ‘‘(II) address maintenance and 

23 repair needs in qualified buildings 

24 that cannot reasonably be met using 


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•S 5065 IS

1 other resources available to the own2 ers of such buildings. 

3 ‘‘(D) ADMINISTRATION.—Each rental re4 duction credit agency of a State shall establish 

5 procedures for the timing and manner of trans6 fers and payments made under this paragraph. 

7 ‘‘(E) SPECIAL RULE FOR PROJECTS.—In 

8 the case of a rental reduction credit allocated to 

9 a project consisting of more than 1 qualified 

10 building, a taxpayer may elect to have this 

11 paragraph apply as if all such buildings were 1 

12 qualified building if the applicable percentage 

13 for each such building is the same. 

14 ‘‘(F) ALTERNATIVE METHODS OF TRANS15 FER AND REALLOCATION.—Upon request to, 

16 and approval by, the Secretary, a State may es17 tablish an alternative method for the transfer 

18 and reallocation of amounts otherwise required 

19 to be transferred to, and allocated from, a re20 serve under this paragraph. Any State adopting 

21 an alternative method under this subparagraph 

22 shall, at such time and in such manner as the 

23 Secretary prescribes, provide to the Secretary 

24 and the Secretary of Housing and Urban Devel25 opment detailed reports on the operation of 


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•S 5065 IS

1 such method, including providing such informa2 tion as such Secretaries may require. 

3 ‘‘(2) ALLOCATION OF RETURNED STATE CEIL4 ING AMOUNTS.—In the case of any rental reduction 

5 credit amount allocated to a qualified building which 

6 is canceled as provided in subsection (c)(4)((B)(i), 

7 the rental reduction credit agency may, in lieu of 

8 treating such allocation as a returned credit amount 

9 under subsection (c)(4)(A)(ii), elect to allocate, upon 

10 the request of the taxpayer, such amount to any 

11 other qualified building for which the credit amount 

12 allocated in any preceding calendar year was too 

13 small because the estimates made under subsection 

14 (c)(2)(B) were substantially incorrect. 

15 ‘‘(3) RENTING TO NONELIGIBLE TENANTS.—If, 

16 after the application of paragraphs (1)(C) (or any 

17 similar reallocation under paragraph (1)(F)) and 

18 (2), a rental reduction credit agency of a State de19 termines that, because of the incorrect estimates 

20 under subsection (c)(2)(B), the aggregate qualified 

21 rental reduction amounts for all eligible units within 

22 a qualified building will (on an ongoing basis) exceed 

23 the rental reduction credit amount allocated to such 

24 building, a taxpayer may elect, subject to subsection 

25 (g)(2) and only to the extent necessary to eliminate 


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•S 5065 IS

1 such excess, rent vacant eligible units without regard 

2 to the requirements that such units be rented only 

3 to eligible tenants and at the rental rate determined 

4 under subsection (b)(3). 

5 ‘‘(e) TERMS RELATING TO RENTAL REDUCTION

6 CREDIT AND REQUIREMENTS.—For purposes of this sec7 tion— 

8 ‘‘(1) APPLICABLE PERCENTAGE.— 

9 ‘‘(A) IN GENERAL.—The term ‘applicable 

10 percentage’ means, with respect to any qualified 

11 building, the percentage (not greater than 110 

12 percent) set by the rental reduction credit agen13 cy at the time it allocates the rental reduction 

14 dollar amount to such building. 

15 ‘‘(B) HIGHER PERCENTAGE FOR HIGH-OP16 PORTUNITY AREAS.—The rental reduction cred17 it agency may set a percentage under subpara18 graph (A) up to 120 percent for any qualified 

19 building which— 

20 ‘‘(i) targets its eligible units for rental 

21 to families with children, and 

22 ‘‘(ii) is located in a neighborhood 

23 which has a poverty rate of no more than 

24 10 percent. 

25 ‘‘(2) CREDIT PERIOD.— 


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1 ‘‘(A) IN GENERAL.—The term ‘credit pe2 riod’ means, with respect to any qualified build3 ing, the 15-year period beginning with the first 

4 month for which the qualified rental reduction 

5 agreement is in effect with respect to such 

6 building. 

7 ‘‘(B) STATE OPTION TO REDUCE PE8 RIOD.—A rental reduction credit agency may 

9 provide a credit period for any qualified build10 ing which is less than 15 years. 

11 ‘‘(3) ELIGIBLE UNIT.— 

12 ‘‘(A) IN GENERAL.—The term ‘eligible 

13 unit’ means, with respect to any qualified build14 ing, a unit— 

15 ‘‘(i) which is occupied by an eligible 

16 tenant, 

17 ‘‘(ii) the rent of which for any month 

18 equals 30 percent of the monthly family in19 come of the residents of such unit (as de20 termined under paragraph (5)), 

21 ‘‘(iii) with respect to which the tenant 

22 is not concurrently receiving rental assist23 ance under any other Federal program, 

24 and 


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1 ‘‘(iv) which is certified to the rental 

2 reduction credit agency as an eligible unit 

3 for purposes of this section and the quali4 fied rental reduction agreement. 

5 Notwithstanding clause (iii), a State may pro6 vide in its State rental reduction allocation plan 

7 that an eligible unit shall also not include a unit 

8 with respect to which any resident is receiving 

9 rental assistance under a State or local pro10 gram. 

11 ‘‘(B) LIMITATION ON NUMBER OF

12 UNITS.— 

13 ‘‘(i) IN GENERAL.—The number of 

14 units which may be certified as eligible 

15 units with respect to any qualified building 

16 under subparagraph (A)(iv) at any time 

17 shall not exceed the greater of— 

18 ‘‘(I) 40 percent of the total units 

19 in such building, or 

20 ‘‘(II) 25 units. 

21 In the case of an allocation to a project 

22 under subsection (c)(1)(B), the limitation 

23 under the preceding sentence shall be ap24 plied on a project basis and the certifi25 cation of such eligible units shall be alloVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 cated to each building in the project, ex2 cept that if buildings in such project are 

3 on non-contiguous tracts of land, buildings 

4 on each such tract shall be treated as a 

5 separate project for purposes of applying 

6 this sentence. 

7 ‘‘(ii) BUILDINGS RECEIVING PREVIOUS

8 FEDERAL RENTAL ASSISTANCE.—If, at any 

9 time prior to the entering into of a quali10 fied rental reduction agreement with re11 spect to a qualified building, tenants in 

12 units within such building had been receiv13 ing project-based rental assistance under 

14 any other Federal program, then, notwith15 standing clause (i), the maximum number 

16 of units which may be certified as eligible 

17 units with respect to the building under 

18 subparagraph (A)(iv) shall not be less than 

19 the sum of— 

20 ‘‘(I) the maximum number of 

21 units in the building previously receiv22 ing such assistance at any time before 

23 the agreement takes effect, plus 

24 ‘‘(II) the amount determined 

25 under clause (i) without taking into 


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1 account the units described in sub2 clause (I). 

3 ‘‘(4) ELIGIBLE TENANT.— 

4 ‘‘(A) IN GENERAL.—The term ‘eligible ten5 ant’ means any individual if the individual’s 

6 family income does not exceed the greater of— 

7 ‘‘(i) 30 percent of the area median 

8 gross income (as determined under section 

9 42(g)(1)), or 

10 ‘‘(ii) the applicable poverty line for a 

11 family of the size involved. 

12 ‘‘(B) TREATMENT OF INDIVIDUALS WHOSE

13 INCOMES RISE ABOVE LIMIT.— 

14 ‘‘(i) IN GENERAL.—Notwithstanding 

15 an increase in the family income of resi16 dents of a unit above the income limitation 

17 applicable under subparagraph (A), such 

18 residents shall continue to be treated as el19 igible tenants if the family income of such 

20 residents initially met such income limita21 tion and such unit continues to be certified 

22 as an eligible unit under this section. 

23 ‘‘(ii) NO RENTAL REDUCTION FOR AT

24 LEAST 2 YEARS.—A qualified rental reduc25 tion agreement with respect to a qualified 


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1 building shall provide that if, by reason of 

2 an increase in family income described in 

3 clause (i), there is no qualified rental re4 duction amount with respect to the dwell5 ing unit for 2 consecutive years, the tax6 payer shall rent the next available unit to 

7 an eligible tenant (without regard to 

8 whether such unit is an eligible unit under 

9 this section). 

10 ‘‘(C) APPLICABLE POVERTY LINE.—The 

11 term ‘applicable poverty line’ means the most 

12 recently published poverty line (within the 

13 meaning of section 2110(c)(5) of the Social Se14 curity Act (42 U.S.C. 1397jj(c)(5))) as of the 

15 time of the determination as to whether an in16 dividual is an eligible tenant. 

17 ‘‘(5) FAMILY INCOME.— 

18 ‘‘(A) IN GENERAL.—Family income shall 

19 be determined in the same manner as under 

20 section 8 of the United States Housing Act of 

21 1937. 

22 ‘‘(B) TIME FOR DETERMINING INCOME.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in this subparagraph, family income 

25 shall be determined at least annually on 


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•S 5065 IS

1 the basis of income for the preceding cal2 endar year. 

3 ‘‘(ii) FAMILIES ON FIXED INCOME.—If 

4 at least 90 percent of the family income of 

5 the residents of a unit at the time of any 

6 determination under clause (i) is derived 

7 from payments under title II or XVI of the 

8 Social Security Act (or any similar fixed 

9 income amounts specified by the Sec10 retary), the taxpayer may elect to treat 

11 such payments (or amounts) as the family 

12 income of such residents for the year of 

13 the determination and the 2 succeeding 

14 years, except that the taxpayer shall, in 

15 such manner as the Secretary may pre16 scribe, adjust such amount for increases in 

17 the cost of living. 

18 ‘‘(iii) INITIAL INCOME.—The Sec19 retary may allow a State to provide that 

20 the family income of residents at the time 

21 such residents first rent a unit in a quali22 fied building may be determined on the 

23 basis of current or anticipated income. 

24 ‘‘(iv) SPECIAL RULES WHERE FAMILY

25 INCOME IS REDUCED.— If residents of a 


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1 unit establish (in such manner as the rent2 al reduction credit agency provides) that 

3 their family income has been reduced by at 

4 least 10 percent below such income for the 

5 determination year— 

6 ‘‘(I) such residents may elect, at 

7 such time and in such manner as such 

8 agency may prescribe, to have their 

9 family income redetermined, and 

10 ‘‘(II) clause (ii) shall not apply to 

11 any of the 2 succeeding years de12 scribed in such clause which are speci13 fied in the election. 

14 ‘‘(f) STATE RENTAL REDUCTION ALLOCATION

15 PLAN.— 

16 ‘‘(1) ADOPTION OF PLAN REQUIRED.— 

17 ‘‘(A) IN GENERAL.—For purposes of this 

18 section— 

19 ‘‘(i) each State shall, before the allo20 cation of its State rental reduction credit 

21 ceiling, establish and have in effect a State 

22 rental reduction allocation plan, and 

23 ‘‘(ii) notwithstanding any other provi24 sion of this section, the rental reduction 

25 credit amount allocated to any building 


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1 shall be zero unless such amount was allo2 cated pursuant to a State rental reduction 

3 allocation plan. 

4 Such plan shall only be adopted after such plan 

5 is made public and at least 60 days has been 

6 allowed for public comment. 

7 ‘‘(B) STATE RENTAL REDUCTION ALLOCA8 TION PLAN.—For purposes of this section, the 

9 term ‘State rental reduction allocation plan’ 

10 means, with respect to any State, any plan of 

11 the State meeting the requirements of para12 graphs (2) and (3). 

13 ‘‘(2) GENERAL PLAN REQUIREMENTS.—A plan 

14 shall meet the requirements of this paragraph only 

15 if— 

16 ‘‘(A) the plan sets forth the criteria and 

17 priorities which a rental reduction credit agency 

18 of the State shall use in allocating the State 

19 rental reduction credit ceiling to eligible units 

20 within a building, 

21 ‘‘(B) the plan provides that no credit allo22 cation shall be made which is not in accordance 

23 with the criteria and priorities set forth under 

24 subparagraph (A) unless such agency provides 

25 a written explanation to the general public for 


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1 any credit allocation which is not so made and 

2 the reasons why such allocation is necessary, 

3 and 

4 ‘‘(C) the plan provides that such agency is 

5 required to prioritize the renewal of existing 

6 credit allocations at the time of the expiration 

7 of the qualified rental reduction agreement with 

8 respect to the allocation, including, where ap9 propriate, a commitment within a qualified 

10 rental reduction agreement that the credit allo11 cation will be renewed if the terms of the agree12 ment have been met and sufficient new credit 

13 authority is available. 

14 ‘‘(3) SPECIFIC REQUIREMENTS.—A plan shall 

15 meet the requirements of this paragraph only if— 

16 ‘‘(A) the plan provides methods for deter17 mining— 

18 ‘‘(i) the amount of rent which would 

19 be charged for a substantially similar unit 

20 in the same building which is not an eligi21 ble unit for purposes of subsection 

22 (b)(2)(A)(i), including whether such deter23 mination may be made by self-certification 

24 or by undertaking rent reasonableness as25 sessments similar to assessments required 


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1 under section 8(o)(10) of the United 

2 States Housing Act of 1937 (42 U.S.C. 

3 1437f(o)(10)), 

4 ‘‘(ii) the qualified rental reduction 

5 amounts under subsection (c)(2)(B), and 

6 ‘‘(iii) the applicable percentage under 

7 subsection (e)(1), 

8 ‘‘(B) the plan provides a procedure that 

9 the rental reduction credit agency (or an agent 

10 or other private contractor of such agency) will 

11 follow in monitoring for— 

12 ‘‘(i) noncompliance with the provisions 

13 of this section and the qualified rental re14 duction agreement and in notifying the In15 ternal Revenue Service of any such non16 compliance of which such agency becomes 

17 aware, and 

18 ‘‘(ii) noncompliance with habitability 

19 standards through regular site visits, 

20 ‘‘(C) the plan requires a person receiving a 

21 credit allocation to report to the rental reduc22 tion credit agency such information as is nec23 essary to ensure compliance with the provisions 

24 of this section and the qualified rental reduction 

25 agreement, and 


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1 ‘‘(D) the plan provides methods by which 

2 any excess reserve amounts which become avail3 able under subsection (d)(1)(C)(ii) will be used 

4 to reduce rental payments of eligible tenants or 

5 to address maintenance and repair needs in 

6 qualified buildings, including how such assist7 ance will be allocated among eligible tenants 

8 and qualified buildings. 

9 ‘‘(g) QUALIFIED RENTAL REDUCTION AGREE10 MENT.—For purposes of this section— 

11 ‘‘(1) IN GENERAL.—The term ‘qualified rental 

12 reduction agreement’ means, with respect to any 

13 building which is residential rental property (as de14 fined in section 168(e)(2)(A)), a written, binding 

15 agreement between a rental reduction credit agency 

16 and the taxpayer which specifies— 

17 ‘‘(A) the number of eligible units within 

18 such building for which a rental reduction cred19 it amount is being allocated, 

20 ‘‘(B) the credit period for such building, 

21 ‘‘(C) the rental reduction credit amount al22 located to such building (and dwelling units 

23 within such building) and the portion of such 

24 amount allocated to each month within the 

25 credit period under subsection (c)(2)(B), 


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1 ‘‘(D) the applicable percentage to be used 

2 in computing the qualified rental reduction 

3 amounts with respect to the building, 

4 ‘‘(E) the method for determining the 

5 amount of rent which may be charged for eligi6 ble units within the building, and 

7 ‘‘(F) whether— 

8 ‘‘(i) the agency commits to entering 

9 into a new agreement with the taxpayer if 

10 the terms of the agreement have been met 

11 and sufficient new credit authority is avail12 able for such new agreement, and 

13 ‘‘(ii) the taxpayer is required to accept 

14 such new agreement. 

15 ‘‘(2) TENANT PROTECTIONS.—A qualified rent16 al reduction agreement shall provide the following: 

17 ‘‘(A) NON-DISPLACEMENT OF NON-ELIGI18 BLE TENANTS.—A taxpayer receiving a rental 

19 reduction credit amount may not refuse to 

20 renew the lease of or evict (other than for good 

21 cause) a tenant of a unit who is not an eligible 

22 tenant at any time during the credit period and 

23 such unit shall not be treated as an eligible unit 

24 while such tenant resides there. 


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1 ‘‘(B) ONLY GOOD CAUSE EVICTIONS OF

2 ELIGIBLE TENANTS.—A taxpayer receiving a 

3 rental reduction credit amount may not refuse 

4 to renew the lease of or evict (other than for 

5 good cause) an eligible tenant of an eligible 

6 unit. 

7 ‘‘(C) MOBILITY.—A taxpayer receiving a 

8 rental reduction credit amount shall— 

9 ‘‘(i) give priority to rent any available 

10 unit of suitable size to tenants who are eli11 gible tenants who are moving from another 

12 qualified building where such tenants had 

13 lived at least 1 year and were in good 

14 standing, and 

15 ‘‘(ii) inform eligible tenants within the 

16 building of their right to move after 1 year 

17 and provide a list maintained by the State 

18 of qualified buildings where such tenants 

19 might move. 

20 ‘‘(iii) FAIR HOUSING AND CIVIL

21 RIGHTS.—If a taxpayer receives a rental 

22 reduction credit amount— 

23 ‘‘(I) such taxpayer shall comply 

24 with the Fair Housing Act with re25 spect to the building, and 


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1 ‘‘(II) the receipt of such amount 

2 shall be treated as the receipt of Fed3 eral financial assistance for purposes 

4 of applying any Federal civil rights 

5 laws. 

6 ‘‘(iv) ADMISSIONS PREFERENCES.—A 

7 taxpayer receiving a rental reduction credit 

8 amount shall comply with any admissions 

9 preferences established by the State for 

10 tenants within particular demographic 

11 groups eligible for health or social services. 

12 ‘‘(3) COMPLIANCE REQUIREMENTS.—A quali13 fied rental reduction agreement shall provide that a 

14 taxpayer receiving a rental reduction credit amount 

15 shall comply with all reporting and other procedures 

16 established by the State to ensure compliance with 

17 this section and such agreement. 

18 ‘‘(4) PROJECTS.—In the case of a rental reduc19 tion credit allocated to a project consisting of more 

20 than 1 building, the rental reduction credit agency 

21 may provide for a single qualified rental reduction 

22 agreement which applies to all buildings which are 

23 part of such project. 

24 ‘‘(h) CERTIFICATIONS AND OTHER REPORTS TO SEC25 RETARY.— 


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1 ‘‘(1) CERTIFICATION WITH RESPECT TO 1ST

2 YEAR OF CREDIT PERIOD.—Following the close of 

3 the 1st taxable year in the credit period with respect 

4 to any qualified building, the taxpayer shall certify 

5 to the Secretary (at such time and in such form and 

6 in such manner as the Secretary prescribes)— 

7 ‘‘(A) the information described in sub8 section (g)(1) required to be contained in the 

9 qualified rental reduction agreement with re10 spect to the building, and 

11 ‘‘(B) such other information as the Sec12 retary may require. 

13 In the case of a failure to make the certification re14 quired by the preceding sentence on the date pre15 scribed therefor, unless it is shown that such failure 

16 is due to reasonable cause and not to willful neglect, 

17 no credit shall be allowable by reason of subsection 

18 (a) with respect to such building for any taxable 

19 year ending before such certification is made. 

20 ‘‘(2) ANNUAL REPORTS TO THE SECRETARY.— 

21 The Secretary may require taxpayers to submit an 

22 information return (at such time and in such form 

23 and manner as the Secretary prescribes) for each 

24 taxable year setting forth— 


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1 ‘‘(A) the information described in para2 graph (1)(A) for the taxable year, and 

3 ‘‘(B) such other information as the Sec4 retary may require. 

5 The penalty under section 6652(j) shall apply to any 

6 failure to submit the return required by the Sec7 retary under the preceding sentence on the date pre8 scribed therefor. 

9 ‘‘(3) ANNUAL REPORTS FROM RENTAL REDUC10 TION CREDIT AGENCY.— 

11 ‘‘(A) REPORTS.—Each rental reduction 

12 credit agency which allocates any rental reduc13 tion credit amount to one or more buildings for 

14 any calendar year shall submit to the Secretary 

15 (at such time and in such manner as the Sec16 retary shall prescribe) an annual report speci17 fying— 

18 ‘‘(i) the amount of rental reduction 

19 credit amounts allocated to each such 

20 building for such year, 

21 ‘‘(ii) sufficient information to identify 

22 each such building and the taxpayer with 

23 respect thereto, 

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1 ble tenants of all such buildings to which 

2 such amounts were allocated, and 

3 ‘‘(iv) such other information as the 

4 Secretary may require. 

5 ‘‘(B) PENALTY.—The penalty under sec6 tion 6652(j) shall apply to any failure to submit 

7 the report required by subparagraph (A) on the 

8 date prescribed therefor. 

9 ‘‘(C) INFORMATION MADE PUBLIC.—The 

10 Secretary shall, in consultation with Secretary 

11 of Housing and Urban Development, make in12 formation reported under this paragraph for 

13 each qualified building available to the public 

14 annually to the greatest degree possible without 

15 disclosing personal information about individual 

16 tenants. 

17 ‘‘(i) REGULATIONS AND GUIDANCE.—The Secretary 

18 shall prescribe such regulations or guidance as may be 

19 necessary to carry out the purposes of this section, includ20 ing— 

21 ‘‘(1) providing necessary forms and instruc22 tions, and 

23 ‘‘(2) providing for proper treatment of projects 

24 for which a credit is allowed both under this section 

25 and section 42.’’. 


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1 (b) ADMINISTRATIVE FEES.—No provision of, or 

2 amendment made by, this section shall be construed to 

3 prevent a rental reduction credit agency of a State from 

4 imposing fees to cover its costs or from levying any such 

5 fee on a taxpayer applying for or receiving a rental reduc6 tion credit amount. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) Section 6211(b)(4) of such Code is amend9 ed by inserting ‘‘36C,’’ after ‘‘36B,’’. 

10 (2) Paragraph (2) of section 1324(b) of title 

11 31, United States Code, is amended by inserting 

12 ‘‘36C,’’ after ‘‘36B,’’. 

13 (3) The table of sections for subpart C of part 

14 IV of subchapter A of chapter 1 of such Code is 

15 amended by inserting after the item relating to sec16 tion 36B the following new item: 

‘‘Sec. 36C. Renters credit.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to taxable years beginning after 

19 December 31, 2020. 

20 SEC. 7002. MINIMUM CREDIT RATE. 

21 (a) IN GENERAL.—Subsection (b) of section 42 of the 

22 Internal Revenue Code of 1986 is amended— 

23 (1) by redesignating paragraph (3) as para24 graph (4), and 


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1 (2) by inserting after paragraph (2) the fol2 lowing new paragraph: 

3 ‘‘(3) MINIMUM CREDIT RATE.—In the case of 

4 any new or existing building to which paragraph (2) 

5 does not apply, the applicable percentage shall not 

6 be less than 4 percent.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to buildings which receive alloca9 tions of housing credit dollar amount or, in the case of 

10 projects financed by tax-exempt bonds as described in sec11 tion 42(h)(4) of the Internal Revenue Code of 1986, which 

12 are placed in service by the taxpayer after January 20, 

13 2020. 

14 TITLE VIII—EXPANDING 

15 MEDICAID COVERAGE 

16 SEC. 8001. INCREASED FMAP FOR MEDICAL ASSISTANCE TO 

17 NEWLY ELIGIBLE INDIVIDUALS. 

18 (a) IN GENERAL.—Section 1905 of the Social Secu19 rity Act (42 U.S.C. 1396d) is amended— 

20 (1) in subsection (y)(1)— 

21 (A) in subparagraph (A), by striking 

22 ‘‘2014, 2015, and 2016’’ and inserting ‘‘each of 

23 the first 3 consecutive 12-month periods in 

24 which the State provides medical assistance to 

25 newly eligible individuals’’; 


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1 (B) in subparagraph (B), by striking 

2 ‘‘2017’’ and inserting ‘‘the fourth consecutive 

3 12-month period in which the State provides 

4 medical assistance to newly eligible individuals’’; 

5 (C) in subparagraph (C), by striking 

6 ‘‘2018’’ and inserting ‘‘the fifth consecutive 12- 

7 month period in which the State provides med8 ical assistance to newly eligible individuals’’; 

9 (D) in subparagraph (D), by striking 

10 ‘‘2019’’ and inserting ‘‘the sixth consecutive 12- 

11 month period in which the State provides med12 ical assistance to newly eligible individuals’’; 

13 and 

14 (E) in subparagraph (E), by striking 

15 ‘‘2020 and each year thereafter’’ and inserting 

16 ‘‘the seventh consecutive 12-month period in 

17 which the State provides medical assistance to 

18 newly eligible individuals and each such period 

19 thereafter’’; and 

20 (2) in subsection (z)(2)(B)(i)(II), by inserting 

21 ‘‘(as in effect on the day before the date of enact22 ment of the Economic Justice Act)’’ after ‘‘sub23 section (y)(1)’’. 

24 (b) RETROACTIVE APPLICATION.—The amendments 

25 made by subsection (a)(1) shall take effect as if included 


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1 in the enactment of Public Law 111–148 and shall apply 

2 to amounts expended by any State for medical assistance 

3 for newly eligible individuals described in subclause (VIII) 

4 of section 1902(a)(10)(A)(i) of the Social Security Act 

5 under a State Medicaid plan (or a waiver of such plan) 

6 during the period before the date of enactment of this Act. 

7 TITLE IX—ADDRESSING MATER8 NAL MORTALITY AND 

9 HEALTH 

10 SEC. 9001. EXPANDING MEDICAID COVERAGE FOR PREG11 NANT INDIVIDUALS. 

12 (a) EXTENDING CONTINUOUS MEDICAID AND CHIP 

13 COVERAGE FOR PREGNANT AND POSTPARTUM WOMEN.— 

14 (1) MEDICAID.—Title XIX of the Social Secu15 rity Act (42 U.S.C. 1396 et seq.) is amended— 

16 (A) in section 1902(e)(6), by striking ‘‘60- 

17 day period’’ and inserting ‘‘365-day period’’; 

18 (B) in section 1902(l)(1)(A), by striking 

19 ‘‘60-day period’’ and inserting ‘‘365-day pe20 riod’’; 

21 (C) in section 1903(v)(4)(A)(i), by striking 

22 ‘‘60-day period’’ and inserting ‘‘365-day pe23 riod’’; and 

24 (D) in section 1905(a), in the 4th sentence 

25 in the matter following paragraph (30), by 


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1 striking ‘‘60-day period’’ and inserting ‘‘365- 

2 day period’’. 

3 (2) CHIP.—Section 2112 of the Social Security 

4 Act (42 U.S.C. 1397ll) is amended by striking ‘‘60- 

5 day period’’ each place it appears and inserting 

6 ‘‘365-day period’’. 

7 (b) REQUIRING FULL BENEFITS FOR PREGNANT

8 AND POSTPARTUM WOMEN.— 

9 (1) MEDICAID.— 

10 (A) IN GENERAL.—Paragraph (5) of sec11 tion 1902(e) of the Social Security Act (24 

12 U.S.C. 1396a(e)) is amended to read as follows: 

13 ‘‘(5) Any woman who is eligible for medical as14 sistance under the State plan or a waiver of such 

15 plan, including an individual eligible for a preg16 nancy-related benefit or whose eligibility under such 

17 plan or waiver is limited to a particular illness or 

18 disorder or type of services provided, and who is, or 

19 who while so eligible becomes, pregnant, shall con20 tinue to be eligible under the plan or waiver for med21 ical assistance through the end of the month in 

22 which the 365-day period (beginning on the last day 

23 of her pregnancy) ends, regardless of the basis for 

24 the woman’s eligibility for medical assistance, includ25 ing if the woman’s eligibility for medical assistance 


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1 is on the basis of being pregnant, is for a pregnancy2 related benefit, or is limited to a particular illness or 

3 disorder or type of services provided.’’. 

4 (B) CONFORMING AMENDMENT.—Section 

5 1902(a)(10) of the Social Security Act (42 

6 U.S.C. 1396a(a)(10)) is amended in the matter 

7 following subparagraph (G) by striking ‘‘(VII) 

8 the medical assistance’’ and all that follows 

9 through ‘‘complicate pregnancy,’’. 

10 (2) CHIP.—Section 2107(e)(1) of the Social 

11 Security Act (42 U.S.C. 1397gg(e)(1)) is amended— 

12 (A) by redesignating subparagraphs (H) 

13 through (S) as subparagraphs (I) through (T), 

14 respectively; and 

15 (B) by inserting after subparagraph (G), 

16 the following: 

17 ‘‘(H) Section 1902(e)(5) (requiring 365- 

18 day continuous coverage for pregnant and 

19 postpartum women).’’. 

20 (c) REQUIRING COVERAGE OF ORAL HEALTH SERV21 ICES FOR PREGNANT AND POSTPARTUM WOMEN.— 

22 (1) MEDICAID.—Section 1905 of the Social Se23 curity Act (42 U.S.C. 1396d) is amended— 

24 (A) in subsection (a)(4)— 


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1 (i) by striking ‘‘; and (D)’’ and insert2 ing ‘‘; (D)’’; and 

3 (ii) by inserting ‘‘; and (E) oral health 

4 services for pregnant and postpartum 

5 women (as defined in subsection (gg))’’ 

6 after ‘‘subsection (bb))’’; and 

7 (B) by adding at the end the following new 

8 subsection: 

9 ‘‘(gg) ORAL HEALTH SERVICES FOR PREGNANT AND

10 POSTPARTUM WOMEN.— 

11 ‘‘(1) IN GENERAL.—For purposes of this title, 

12 the term ‘oral health services for pregnant and 

13 postpartum women’ means dental services necessary 

14 to prevent disease and promote oral health, restore 

15 oral structures to health and function, and treat 

16 emergency conditions that are furnished to a woman 

17 during pregnancy (or during the 365-day period be18 ginning on the last day of the pregnancy). 

19 ‘‘(2) COVERAGE REQUIREMENTS.—To satisfy 

20 the requirement to provide oral health services for 

21 pregnant and postpartum women, a State shall, at 

22 a minimum, provide coverage for preventive, diag23 nostic, periodontal, and restorative care consistent 

24 with recommendations for perinatal oral health care 

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1 ican Academy of Pediatric Dentistry and the Amer2 ican College of Obstetricians and Gynecologists.’’. 

3 (2) CHIP.—Section 2103(c)(6)(A) of the Social 

4 Security Act (42 U.S.C. 1397cc(c)(6)(A)) is amend5 ed by inserting ‘‘or a targeted low-income pregnant 

6 woman’’ after ‘‘targeted low-income child’’. 

7 (d) MAINTENANCE OF EFFORT.— 

8 (1) MEDICAID.—Section 1902 of the Social Se9 curity Act (42 U.S.C. 1396a) is amended— 

10 (A) in paragraph (74), by striking ‘‘sub11 section (gg); and’’ and inserting ‘‘subsections 

12 (gg) and (tt);’’; and 

13 (B) by adding at the end the following new 

14 subsection: 

15 ‘‘(tt) MAINTENANCE OF EFFORT RELATED TO LOW16 INCOME PREGNANT WOMEN.—For calendar quarters be17 ginning on or after January 1, 2021, and before January 

18 1, 2024, the Federal medical assistance percentage other19 wise determined under section 1905(b) for a State for the 

20 quarter shall be reduced by 0.5 percentage points if the 

21 State— 

22 ‘‘(1) has in effect under such plan eligibility 

23 standards, methodologies, or procedures (including 

24 any enrollment cap or other numerical limitation on 

25 enrollment, any waiting list, any procedures designed 


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1 to delay the consideration of applications for enroll2 ment, or similar limitation with respect to enroll3 ment) for individuals described in subsection (l)(1) 

4 who are eligible for medical assistance under the 

5 State plan or waiver under subsection 

6 (a)(10)(A)(ii)(IX) that are more restrictive than the 

7 eligibility standards, methodologies, or procedures, 

8 respectively, for such individuals under such plan or 

9 waiver that are in effect on the date of the enact10 ment of this subsection; or 

11 ‘‘(2) provides medical assistance to individuals 

12 described in subsection (l)(1) who are eligible for 

13 medical assistance under such plan or waiver under 

14 subsection (a)(10)(A)(ii)(IX) at a level that is less 

15 than the level at which the State provides such as16 sistance to such individuals under such plan or waiv17 er on the date of the enactment of this subsection.’’. 

18 (2) CHIP.—Section 2112 of the Social Security 

19 Act (42 U.S.C. 1397ll), as amended by subsection 

20 (b), is further amended by adding at the end the fol21 lowing subsection: 

22 ‘‘(g) MAINTENANCE OF EFFORT.—For calendar 

23 quarters beginning on or after January 1, 2021, and be24 fore January 1, 2024, the enhanced Federal medical as25 sistance percentage otherwise determined for a State for 


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1 the quarter under section 2105(b) shall be reduced by 0.5 

2 percentage points if the State— 

3 ‘‘(1) has in effect under such plan eligibility 

4 standards, methodologies, or procedures (including 

5 any enrollment cap or other numerical limitation on 

6 enrollment, any waiting list, any procedures designed 

7 to delay the consideration of applications for enroll8 ment, or similar limitation with respect to enroll9 ment) for targeted low-income pregnant women that 

10 are more restrictive than the eligibility standards, 

11 methodologies, or procedures, respectively, under 

12 such plan that are in effect on the date of the enact13 ment of this subsection; or 

14 ‘‘(2) provides pregnancy-related assistance to 

15 targeted low-income pregnant women under such 

16 plan at a level that is less than the level at which 

17 the State provides such assistance to such women 

18 under such plan on the date of the enactment of this 

19 subsection.’’. 

20 (e) EFFECTIVE DATE.—The amendments made by 

21 subsections (a) through (d) shall take effect January 1, 

22 2021, without regard to whether final regulations to carry 

23 out such amendments have been promulgated as of such 

24 date. 


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1 SEC. 9002. COMMUNITY ENGAGEMENT IN MATERNAL MOR2 TALITY REVIEW COMMITTEES. 

3 (a) IN GENERAL.—Section 317K of the Public 

4 Health Service Act (42 U.S.C. 247b–12) is amended— 

5 (1) in subsection (d), by adding at the end the 

6 following: 

7 ‘‘(9) GRANTS TO PROMOTE REPRESENTATIVE

8 COMMUNITY ENGAGEMENT IN MATERNAL MOR9 TALITY REVIEW COMMITTEES.— 

10 ‘‘(A) IN GENERAL.—The Secretary, using 

11 funds made available pursuant to subparagraph 

12 (C), may provide assistance to an applicable 

13 maternal mortality review committee of a State, 

14 Indian tribe, tribal organization, or urban In15 dian organization, for purposes of— 

16 ‘‘(i) selecting for inclusion in the 

17 membership of such a committee commu18 nity members from the State, Indian tribe, 

19 tribal organization, or urban Indian orga20 nization, and, in making such selections, 

21 prioritizing community members who can 

22 increase the diversity of the committee’s 

23 membership with respect to race and eth24 nicity, location, and professional back25 ground, including members with non-clin26 ical experiences; 


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1 ‘‘(ii) to the extent applicable, address2 ing barriers to maternal mortality review 

3 committee participation for community 

4 members, including required training, 

5 transportation barriers, compensation, and 

6 other supports as may be necessary; 

7 ‘‘(iii) establishing initiatives to con8 duct outreach and community engagement 

9 efforts within communities throughout the 

10 State or Indian Tribe to seek input from 

11 community members on the work of such 

12 maternal mortality review committee, with 

13 a particular focus on outreach to women of 

14 color; and 

15 ‘‘(iv) releasing public reports assess16 ing— 

17 ‘‘(I) the pregnancy-related death 

18 and pregnancy-associated death review 

19 processes of the maternal mortality 

20 review committee, with a particular 

21 focus on the maternal mortality re22 view committee’s sensitivity to the 

23 unique circumstances of women of 

24 color who have suffered pregnancy-re25 lated deaths; and 


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1 ‘‘(II) the impact of the use of 

2 funds made available under subpara3 graph (C) on increasing the diversity 

4 of the maternal mortality review com5 mittee membership and promoting 

6 community engagement efforts 

7 throughout the State or Indian tribe. 

8 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec9 retary shall provide (either directly through the 

10 Department of Health and Human Services or 

11 by contract) technical assistance to any mater12 nal mortality review committee receiving a 

13 grant under this paragraph on best practices 

14 for increasing the diversity of the maternal 

15 mortality review committee’s membership and 

16 for conducting effective community engagement 

17 throughout the State or Indian tribe. 

18 ‘‘(C) APPROPRIATIONS.—In addition to 

19 any funds made available under subsections (g) 

20 and (h)(1), to carry out this paragraph, there 

21 are authorized to be appropriated, and there 

22 are appropriated, out of amounts in the Treas23 ury not otherwise appropriated, $10,000,000 

24 for each of fiscal years 2021 through 2025.’’; 

25 and 


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1 (2) in subsection (e)— 

2 (A) in paragraph (2), by striking ‘‘and’’ at 

3 the end; 

4 (B) in paragraph (3)(B), by striking the 

5 period and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(4) the term ‘urban Indian organization’ has 

8 the meaning given the term in section 4 of the In9 dian Health Care Improvement Act.’’. 

10 (b) RESERVATION OF FUNDS.—Section 317K(f) of 

11 the Public Health Service Act (42 U.S.C. 247b–12(f)) is 

12 amended by adding at the end the following: ‘‘Of the 

13 amount made available under this subsection for fiscal 

14 year 2021 and any subsequent fiscal year, not less than 

15 $3,000,000 shall be reserved for grants to Indian tribes, 

16 tribal organizations, or urban Indian organizations.’’. 

17 SEC. 9003. INCREASED MATERNAL LEVELS OF CARE IN 

18 COMMUNITIES OF COLOR. 

19 Section 317K of the Public Health Service Act (42 

20 U.S.C. 247b–12), as amended by section 9002, is further 

21 amended— 

22 (1) by redesignating subsections (e) and (f) as 

23 subsections (f) and (g), respectively; 

24 (2) by inserting after subsection (d) the fol25 lowing: 


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1 ‘‘(e) LEVELS OF MATERNAL AND NEONATAL

2 CARE.— 

3 ‘‘(1) IN GENERAL.—The Secretary, acting 

4 through the Director of the Centers for Disease 

5 Control and Prevention, shall establish or continue 

6 in effect a program to award competitive grants to 

7 eligible entities to assist with the classification of 

8 birthing facilities based on the level of risk-appro9 priate maternal and neonatal care such entities can 

10 provide in order to strategically improve maternal 

11 and infant care delivery and health outcomes. 

12 ‘‘(2) USE OF FUNDS.—An eligible entity receiv13 ing a grant under this subsection shall use such 

14 funds to— 

15 ‘‘(A) coordinate an assessment of the risk16 appropriate maternal and neonatal care of a 

17 State, jurisdiction, or region, based on the most 

18 recent guidelines and policy statements issued 

19 by the professional associations representing 

20 relevant clinical specialties, including obstetrics 

21 and gynecology and pediatrics; and 

22 ‘‘(B) work with relevant stakeholders, such 

23 as hospitals, hospital associations, perinatal 

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1 graphic maternal health inequities, maternal 

2 mortality review committees, and maternal and 

3 neonatal health care providers and community4 based birth workers to review the findings of 

5 the assessment made of activities carried out 

6 under subparagraph (A); and 

7 ‘‘(C) implement changes, as appropriate, 

8 based on identified gaps in perinatal services 

9 and differences in maternal and neonatal out10 comes in the State, jurisdiction, or region for 

11 which such an assessment was conducted to 

12 support the provision of risk-appropriate care, 

13 including building up capacity as needed in 

14 communities experiencing high rates of mater15 nal mortality and severe maternal morbidity 

16 and communities of color. 

17 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a 

18 grant under this subsection, a State health depart19 ment, Indian tribe, or other organization serving In20 dian tribes, such as a tribal health department or 

21 other organization fulfilling similar functions for the 

22 Indian tribe, shall submit to the Secretary an appli23 cation at such time, in such manner, and containing 

24 such information as the Secretary may require. 


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1 ‘‘(4) PERIOD.—A grant awarded under this 

2 subsection shall be made for a period of 3 years. 

3 Any supplemental award made to a grantee under 

4 this subsection may be made for a period of less 

5 than 3 years. 

6 ‘‘(5) REPORT TO CONGRESS.—Not later than 

7 January 1, 2023, the Secretary shall submit to the 

8 Committee on Health, Education, Labor, and Pen9 sions of the Senate and the Committee on Energy 

10 and Commerce of the House of Representatives, and 

11 make publicly available, a report concerning the im12 pact of the programs established or continued under 

13 this subsection.’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(h) ADDITIONAL FUNDING.— 

16 ‘‘(1) APPROPRIATIONS FOR MATERNAL MOR17 TALITY REVIEW COMMITTEES.—In addition to any 

18 funds made available under subsection (g) or sub19 section (d)(9)(C), to carry out subsection (d), there 

20 are authorized to be appropriated, and there are ap21 propriated, out of amounts in the Treasury not oth22 erwise appropriated, $30,000,000 for each of fiscal 

23 years 2021 through 2025. 

24 ‘‘(2) APPROPRIATIONS FOR INCREASING MATER25 NAL LEVELS OF CARE.—In addition to any funds 


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1 made available under subsection (g), to carry out 

2 this section, there are authorized to be appropriated, 

3 and there are appropriated, out of amounts in the 

4 Treasury not otherwise appropriated, $30,000,000 

5 for each of fiscal years 2021 through 2025.’’. 

6 SEC. 9004. REPORTING ON PREGNANCY-RELATED AND 

7 PREGNANCY-ASSOCIATED DEATHS AND COM8 PLICATIONS. 

9 (a) IN GENERAL.—The Secretary of Health and 

10 Human Services shall encourage each State to voluntarily 

11 submit to the Secretary annual reports containing the 

12 findings of the maternal mortality review committee of the 

13 State with respect to each maternal death in the State 

14 that the committee reviewed during the applicable year. 

15 (b) MATERNAL AND INFANT HEALTH.—The Director 

16 of the Centers for Disease Control and Prevention shall— 

17 (1) update the Pregnancy Mortality Surveil18 lance System or develop a separate system so that 

19 such system is capable of including data obtained 

20 from State maternal mortality review committees; 

21 and 

22 (2) provide technical assistance to States in re23 viewing cases of pregnancy-related complications and 

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1 ance with disaggregating data based on race, eth2 nicity, and other protected classes. 

3 SEC. 9005. RESPECTFUL MATERNITY CARE COMPLIANCE 

4 PROGRAM. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human Services (referred to in this section as the ‘‘Sec7 retary’’) shall award grants to accredited hospitals, health 

8 systems, and other maternity care delivery settings to es9 tablish within one or more hospitals or other birth settings 

10 a respectful maternity care compliance office. 

11 (b) OFFICE REQUIREMENTS.—A respectful maternity 

12 care compliance office funded through a grant under this 

13 section shall— 

14 (1) institutionalize mechanisms to allow pa15 tients receiving maternity care services, the families 

16 of such patients, or doulas or other perinatal work17 ers supporting such patients to report instances of 

18 disrespect or evidence of bias on the basis of race, 

19 ethnicity, or another protected class; 

20 (2) institutionalize response mechanisms 

21 through which representatives of the office can di22 rectly follow up with the patient, if possible, and the 

23 reporter in a timely manner; 

24 (3) prepare and make publicly available a 

25 hospital- or health system-wide strategy to reduce 


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1 bias on the basis of race, ethnicity, or another pro2 tected class in the delivery of maternity care that in3 cludes— 

4 (A) information on the training programs 

5 to reduce and prevent bias, racism, and dis6 crimination on the basis of race, ethnicity, or 

7 another protected class for all employees in ma8 ternity care settings; and 

9 (B) the development of methods to rou10 tinely assess the extent to which bias, racism, 

11 or discrimination on the basis of race, ethnicity, 

12 or another protected class are present in the de13 livery of maternity care to patients; and 

14 (4) provide annual reports to the Secretary with 

15 information about each case reported to the compli16 ance office over the course of the year containing 

17 such information as the Secretary may require, such 

18 as— 

19 (A) de-identified demographic information 

20 on the patient in the case, such as race, eth21 nicity, sex (including sexual orientation and 

22 gender identity), and primary language; 

23 (B) the content of the report from the pa24 tient or the family of the patient to the compli25 ance office; and 


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1 (C) the response from the compliance of2 fice. 

3 (c) SECRETARY REQUIREMENTS.— 

4 (1) PROCESSES.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary 

6 shall establish processes for— 

7 (A) disseminating best practices for estab8 lishing and implementing a respectful maternity 

9 care compliance office within a hospital or other 

10 birth setting; 

11 (B) promoting coordination and collabora12 tion between hospitals, health systems, and 

13 other maternity care delivery settings on the es14 tablishment and implementation of respectful 

15 maternity care compliance offices; and 

16 (C) evaluating the effectiveness of respect17 ful maternity care compliance offices on mater18 nal health outcomes and patient and family ex19 periences, especially for women of color and 

20 their families. 

21 (2) STUDY.— 

22 (A) IN GENERAL.—Not later than 2 years 

23 after the date of enactment of this Act, the Sec24 retary, through a contract with an independent 

25 research organization, shall conduct a study on 


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1 strategies to address disrespect or bias on the 

2 basis of race, ethnicity, or another protected 

3 class in the delivery of maternity care services. 

4 (B) COMPONENTS OF STUDY.—The study 

5 under subparagraph (A) shall include the fol6 lowing: 

7 (i) An assessment of the reports sub8 mitted to the Secretary from the respectful 

9 maternity care compliance offices pursuant 

10 to subsection (b)(4). 

11 (ii) Based on the assessment under 

12 clause (i), recommendations for potential 

13 accountability mechanisms related to cases 

14 of disrespect or bias on the basis of race, 

15 ethnicity, or another protected class in the 

16 delivery of maternity care services at hos17 pitals and other birth settings, taking into 

18 consideration medical and non-medical fac19 tors that contribute to adverse patient ex20 periences and maternal health outcomes. 

21 (C) REPORT.—The Secretary shall submit 

22 to Congress and make publicly available a re23 port on the results of the study under this 

24 paragraph. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there are authorized to be appropriated, 

3 and there are appropriated, out of amounts in the Treas4 ury not otherwise appropriated, $10,000,000 for each of 

5 fiscal years 2021 through 2025. 

6 SEC. 9006. BIAS TRAINING FOR ALL EMPLOYEES IN MATER7 NITY CARE SETTINGS. 

8 Part B of title VII of the Public Health Service Act 

9 (42 U.S.C. 293 et seq.) is amended by adding at the end 

10 the following new section: 

11 ‘‘SEC. 742. TRAINING FOR ALL EMPLOYEES IN MATERNITY 

12 CARE SETTINGS. 

13 ‘‘(a) GRANTS.—The Secretary shall award grants to 

14 eligible entities for the purposes of carrying out programs 

15 to reduce and prevent bias, racism, and discrimination in 

16 maternity care settings. 

17 ‘‘(b) SPECIAL CONSIDERATION.—In awarding grants 

18 under subsection (a), the Secretary shall give special con19 sideration to applications for programs that would— 

20 ‘‘(1) apply to all birthing professionals and any 

21 employees who interact with pregnant and 

22 postpartum women in the provider setting, including 

23 front desk employees, sonographers, schedulers, 

24 health care professionals, hospital or health system 

25 administrators, and security staff; 


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1 ‘‘(2) emphasize periodic, as opposed to one2 time, trainings for all birthing professionals and em3 ployees described in paragraph (1); 

4 ‘‘(3) address implicit bias and explicit bias; 

5 ‘‘(4) be delivered in ongoing education settings 

6 for providers maintaining their licenses, with a pref7 erence for trainings that provide continuing edu8 cation units and continuing medical education; 

9 ‘‘(5) include trauma-informed care best prac10 tices and an emphasis on shared decision-making be11 tween providers and patients; 

12 ‘‘(6) include a service-learning component that 

13 sends providers to work in underserved communities 

14 to better understand patients’ lived experiences; 

15 ‘‘(7) be delivered in undergraduate programs 

16 that funnel into medical schools, such as biology and 

17 pre-medicine majors; 

18 ‘‘(8) be delivered at local agencies (as defined 

19 in section 17(b) of the Child Nutrition Act of 1966) 

20 that provide benefits or services under the special 

21 supplemental nutrition program for women, infants, 

22 and children established by that section; 

23 ‘‘(9) integrate bias training in obstetric emer24 gency simulation trainings; 


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1 ‘‘(10) offer training to all maternity care pro2 viders on the value of racially, ethnically, and profes3 sionally diverse maternity care teams to provide cul4 turally sensitive care, including community health 

5 workers, peer supporters, certified lactation consult6 ants, nutritionists and dietitians, social workers, 

7 home visitors, and navigators; or 

8 ‘‘(11) be based on one or more programs de9 signed by a historically Black college or university. 

10 ‘‘(c) APPLICATION.—To seek a grant under sub11 section (a), an entity shall submit an application at such 

12 time, in such manner, and containing such information as 

13 the Secretary may require. 

14 ‘‘(d) REPORTING.—Each recipient of a grant under 

15 this section shall annually submit to the Secretary a report 

16 on the status of activities conducted using the grant, in17 cluding, as applicable, a description of the impact of train18 ing provided through the grant on patient outcomes and 

19 patient experience for women of color and their families. 

20 ‘‘(e) BEST PRACTICES.—Based on the annual reports 

21 submitted pursuant to subsection (d), the Secretary— 

22 ‘‘(1) shall produce an annual report on the find23 ings resulting from programs funded through this 

24 section including findings related to effectiveness of 


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1 such trainings on improving patient outcomes and 

2 patient experience; 

3 ‘‘(2) shall disseminate such report to all recipi4 ents of grants under this section and to the public; 

5 and 

6 ‘‘(3) may include in such report findings on 

7 best practices for improving patient outcomes and 

8 patient experience for women of color and their fam9 ilies in maternity care settings. 

10 ‘‘(f) DEFINITION.—In this section the term 

11 ‘postpartum’ means the 1-year period beginning on the 

12 last day of a woman’s pregnancy. 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 

14 carry out this section, there are authorized to be appro15 priated, and there are appropriated, out of amounts in the 

16 Treasury not otherwise appropriated, $15,000,000 for 

17 each of fiscal years 2021 through 2025.’’. 

18 SEC. 9007. STUDY ON REDUCING AND PREVENTING BIAS, 

19 RACISM, AND DISCRIMINATION IN MATER20 NITY CARE SETTINGS. 

21 (a) IN GENERAL.—The Secretary of Health and 

22 Human Services shall seek to enter into an agreement, 

23 not later than 90 days after the date of enactment of this 

24 Act, with the National Academies of Sciences, Engineer25 ing, and Medicine (referred to in this section as the ‘‘NaVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 tional Academies’’) under which the National Academies 

2 agree to— 

3 (1) conduct a study on the design and imple4 mentation of programs to reduce and prevent bias, 

5 racism, and discrimination in maternity care set6 tings; and 

7 (2) not later than 2 years after the date of en8 actment of this Act, complete the study and trans9 mit a report on the results of the study to Congress. 

10 (b) POSSIBLE TOPICS.—The agreement entered into 

11 pursuant to subsection (a) may provide for the study of 

12 any of the following: 

13 (1) The development of a scorecard for pro14 grams designed to reduce and prevent bias, racism, 

15 and discrimination in maternity care settings to as16 sess the effectiveness of such programs in improving 

17 patient outcomes and patient experience for women 

18 of color and their families. 

19 (2) Determination of the types of training to re20 duce and prevent bias, racism, and discrimination in 

21 maternity care settings that are demonstrated to im22 prove patient outcomes or patient experience for 

23 women of color and their families. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

25 out this section, there are authorized to be appropriated, 


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1 and there are appropriated, out of amounts in the Treas2 ury not otherwise appropriated, $5,000,000 for fiscal year 

3 2021. 

4 SEC. 9008. MATERNAL HEALTH RESEARCH NETWORK. 

5 Subpart 7 of part C of title IV of the Public Health 

6 Service Act (42 U.S.C. 285g et seq.) is amended by adding 

7 at the end the following: 

8 ‘‘SEC. 452H. MATERNAL HEALTH RESEARCH NETWORK. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

10 through the Director of NIH, shall establish a National 

11 Maternal Health Research Network (referred to in this 

12 section as the ‘Network’), to more effectively support inno13 vative research to reduce maternal mortality and promote 

14 maternal health. 

15 ‘‘(b) ACTIVITIES.—The Secretary, acting through the 

16 Network, may carry out activities to support mechanistic, 

17 translational, clinical, behavioral, or epidemiologic re18 search, as well as community-informed research on struc19 tural risk factors to address unmet maternal health re20 search needs specific to the underlying causes of maternal 

21 mortality and severe maternal morbidity and their treat22 ment. Such activities should be focused on optimizing im23 proved diagnostics and clinical treatments, improving 

24 health outcomes, and reducing inequities. Such activities 

25 should include studies focused on racial disparities and 


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1 disproportionate maternal mortality and severe maternal 

2 morbidity affecting communities of color. 

3 ‘‘(c) EXISTING NETWORKS.—In carrying out this sec4 tion, the Secretary may utilize or coordinate with the Ma5 ternal Fetal Medicine Units Network and the Obstetric6 Fetal Pharmacology Research Centers Network. 

7 ‘‘(d) USE OF FUNDS.—Amounts appropriated to 

8 carry out this section may be used to support the Network 

9 for activities related to maternal mortality or severe ma10 ternal morbidity that lead to potential therapies or clinical 

11 practices that will improve maternal health outcomes and 

12 reduce inequities. Amounts provided to such Network shall 

13 be used to supplement, and not supplant, other funding 

14 provided to such Network for such activities. 

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 

16 carry out this section, there are authorized to be appro17 priated, and there are appropriated, out of amounts in the 

18 Treasury not otherwise appropriated, $100,000,000 for 

19 each of fiscal years 2021 through 2025.’’. 


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1 SEC. 9009. INNOVATION IN MATERNITY CARE TO CLOSE RA2 CIAL AND ETHNIC MATERNAL HEALTH DIS3 PARITIES IN MENTAL HEALTH AND SUB4 STANCE USE DISORDER TREATMENT 

5 GRANTS. 

6 Part P of title III of the Public Health Service Act 

7 (42 U.S.C. 280g et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 399V–7. INNOVATION IN MATERNITY CARE TO CLOSE 

10 RACIAL AND ETHNIC MATERNAL HEALTH 

11 DISPARITIES IN MENTAL HEALTH AND SUB12 STANCE USE DISORDER TREATMENT 

13 GRANTS. 

14 ‘‘(a) IN GENERAL.—The Secretary shall award 

15 grants to eligible entities to establish, implement, evaluate, 

16 or expand innovative models in maternity care that are 

17 designed to improve access to mental health and substance 

18 use disorder treatment. 

19 ‘‘(b) USE OF FUNDS.—An eligible entity receiving a 

20 grant under this section may use the grant to establish, 

21 implement, evaluate, or expand innovative models de22 scribed in subsection (a) including— 

23 ‘‘(1) collaborative maternity care models to im24 prove maternal mental health, treat maternal sub25 stance use disorders, and reduce maternal mortality 


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1 and severe maternal morbidity, especially for women 

2 of color; 

3 ‘‘(2) evidence-based programming at clinics 

4 that— 

5 ‘‘(A) provide wraparound services for 

6 women with substance use disorders in the pre7 natal and postpartum periods that may include 

8 multidisciplinary staff, access to all evidence9 based medication-assisted treatment, psycho10 therapy, contingency management, and recovery 

11 supports; or 

12 ‘‘(B) make referrals for any such services 

13 that are not provided within the clinic; 

14 ‘‘(3) evidence-based programs at freestanding 

15 birth centers that provide culturally sensitive mater16 nal mental and behavioral health care education, 

17 treatments, and services, and other wraparound sup18 ports for women throughout the prenatal and 

19 postpartum period; and 

20 ‘‘(4) the development and implementation of 

21 evidence-based programs, including toll-free tele22 phone hotlines, that connect maternity care pro23 viders with women’s mental health clinicians to pro24 vide maternity care providers with guidance on adVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 dressing maternal mental and behavioral health con2 ditions identified in patients. 

3 ‘‘(c) SPECIAL CONSIDERATION.—In awarding grants 

4 under this section, the Secretary shall give special consid5 eration to applications for models that will— 

6 ‘‘(1) operate in— 

7 ‘‘(A) areas experiencing high rates of ma8 ternal mortality; 

9 ‘‘(B) areas with severe maternal morbidity; 

10 ‘‘(C) communities of color; or 

11 ‘‘(D) health professional shortage areas 

12 designated under section 332; 

13 ‘‘(2) be led by women of color or women from 

14 communities experiencing high rates of maternal 

15 mortality or severe maternal morbidity; or 

16 ‘‘(3) be implemented with a culturally sensitive 

17 approach that is focused on improving outcomes for 

18 women of color or women from communities experi19 encing high rates of maternal mortality or severe 

20 maternal morbidity. 

21 ‘‘(d) EVALUATION.—As a condition on receipt of a 

22 grant under this section, an eligible entity shall agree to 

23 provide annual evaluations of the activities funded through 

24 the grant to the Secretary. Such evaluations may ad25 dress— 


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1 ‘‘(1) the effects of such activities on maternal 

2 health outcomes and subjective assessments of pa3 tient and family experiences, especially for women of 

4 color or women from communities experiencing high 

5 rates of maternal mortality or severe maternal mor6 bidity; and 

7 ‘‘(2) the cost-effectiveness of such activities. 

8 ‘‘(e) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘eligible entity’ means any public 

10 or private entity. 

11 ‘‘(2) The term ‘collaborative maternity care’ 

12 means an integrated care model that includes the 

13 delivery of maternal mental and behavioral health 

14 care services in primary clinics or other care settings 

15 familiar to pregnant and postpartum patients. 

16 ‘‘(3) The term ‘freestanding birth center’ has 

17 the meaning given that term under section 

18 1905(l)(3)(B) of the Social Security Act. 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To 

20 carry out this section, there are authorized to be appro21 priated, and there are appropriated, out of amounts in the 

22 Treasury not otherwise appropriated, $100,000,000 for 

23 each of fiscal years 2021 through 2025.’’. 


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1 SEC. 9010. GRANTS TO GROW AND DIVERSIFY THE 

2 PERINATAL WORKFORCE. 

3 Title VII of the Public Health Service Act (42 U.S.C. 

4 292 et seq.) is amended by inserting after section 757 (42 

5 U.S.C. 294f) the following: 

6 ‘‘SEC. 758. PERINATAL WORKFORCE GRANTS. 

7 ‘‘(a) IN GENERAL.—The Secretary may award grants 

8 to institutions of higher education to establish or expand 

9 programs described in subsection (b) to grow and diversify 

10 the perinatal workforce. 

11 ‘‘(b) USE OF FUNDS.—Recipients of grants under 

12 this section shall use the grants to grow and diversify the 

13 perinatal workforce by— 

14 ‘‘(1) establishing programs that provide edu15 cation and training to individuals seeking appro16 priate licensing or certification as— 

17 ‘‘(A) physician assistants or nurse practi18 tioners who will complete clinical training in the 

19 field of maternal and perinatal health; and 

20 ‘‘(B) other perinatal health workers such 

21 as community health workers, peer supporters, 

22 certified lactation consultants, nutritionists and 

23 dietitians, social workers, home visitors, and 

24 navigators; and 

25 ‘‘(2) expanding the capacity of existing pro26 grams described in paragraph (1), for the purposes 


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1 of increasing the number of students enrolled in 

2 such programs, including by awarding scholarships 

3 for students. 

4 ‘‘(c) PRIORITIZATION.—In awarding grants under 

5 this section, the Secretary shall give priority to any insti6 tution of higher education that— 

7 ‘‘(1) has demonstrated a commitment to re8 cruiting and retaining students from communities of 

9 color, particularly from demographic groups experi10 encing high rates of maternal mortality and severe 

11 maternal morbidity including communities of color; 

12 ‘‘(2) has developed a strategy to recruit into, 

13 and retain, a diverse pool of students the perinatal 

14 workforce program supported by funds received 

15 through the grant, particularly from demographic 

16 groups experiencing high rates of maternal mortality 

17 and severe maternal morbidity, including commu18 nities of color; 

19 ‘‘(3) has developed a strategy to recruit and re20 tain students who plan to practice in a health pro21 fessional shortage area (as defined in section 332) or 

22 medically underserved community (as defined in sec23 tion 799B); 

24 ‘‘(4) has developed a strategy to recruit and re25 tain students who plan to practice in an area with 


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1 significant racial and ethnic disparities in maternal 

2 health outcomes, including communities of color; and 

3 ‘‘(5) includes in the standard curriculum for all 

4 students within the perinatal workforce program a 

5 bias, racism, or discrimination training program that 

6 includes training on explicit and implicit bias. 

7 ‘‘(d) REPORTING.—As a condition on receipt of a 

8 grant under this section for a perinatal workforce pro9 gram, an institution of higher education shall agree to 

10 submit to the Secretary an annual report on the activities 

11 conducted through the grant, including— 

12 ‘‘(1) the number and demographics of students 

13 participating in the program; 

14 ‘‘(2) the extent to which students in the pro15 gram are entering careers in— 

16 ‘‘(A) health professional shortage areas (as 

17 defined in section 332) or medically under18 served community (as defined in section 799B); 

19 and 

20 ‘‘(B) areas with significant racial and eth21 nic disparities in maternal health outcomes in22 cluding communities of color; and 

23 ‘‘(3) whether the institution has included in the 

24 standard curriculum for all students a bias, racism, 

25 or discrimination training program that includes exVerDate Sep 11 2014 22:09 Feb 03, 2021 Jkt 019200 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 E:\BILLS\S5065.IS S5065

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1 plicit and implicit bias, and if so, the effectiveness 

2 of such training program. 

3 ‘‘(e) PERIOD OF GRANTS.—The period of a grant 

4 under this section shall be up to 5 years. 

5 ‘‘(f) APPLICATION.—An entity desiring a grant under 

6 this section shall submit to the Secretary an application 

7 at such time, in such manner, and containing such infor8 mation as the Secretary may require, including any infor9 mation required for consideration for priority under sub10 section (c). 

11 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall 

12 provide, directly or by contract, technical assistance to in13 stitutions of higher education seeking or receiving a grant 

14 under this section on the development, use, evaluation, 

15 and post-grant period sustainability of the perinatal work16 force programs or schools proposed to be, or being, estab17 lished or expanded through the grant. 

18 ‘‘(h) REPORT BY SECRETARY.—Not later than 4 

19 years after the date of enactment of this section, the Sec20 retary shall prepare and submit to the Committee on 

21 Health, Education, Labor, and Pensions of the Senate and 

22 the Committee on Energy and Commerce of the House 

23 of Representatives, and post on the internet website of the 

24 Department of Health and Human Services, a report on 


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1 the effectiveness of the grant program under this section 

2 at— 

3 ‘‘(1) recruiting and retaining students from 

4 communities experiencing high rates of maternal 

5 mortality and severe maternal morbidity and com6 munities of color; 

7 ‘‘(2) increasing the number of physician assist8 ants or nurse practitioners who will complete clinical 

9 training in the field of maternal and perinatal 

10 health, and other perinatal health workers, from de11 mographic groups experiencing high rates of mater12 nal mortality and severe maternal morbidity and 

13 communities of color; 

14 ‘‘(3) increasing the number of physician assist15 ants or nurse practitioners who will complete clinical 

16 training in the field of maternal and perinatal 

17 health, and other perinatal health workers, working 

18 in health professional shortage areas (as defined in 

19 section 332) or medically underserved community 

20 (as defined in section 799B); and 

21 ‘‘(4) increasing the number of physician assist22 ants or nurse practitioners who will complete clinical 

23 training in the field of maternal and perinatal 

24 health, and other perinatal health workers, working 

25 in areas with significant racial and ethnic disparities 


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1 in maternal health outcomes and communities of 

2 color. 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In 

4 order to carry out this section, there are authorized to be 

5 appropriated, and there are appropriated, out of amounts 

6 in the Treasury not otherwise appropriated, $30,000,000 

7 for each of fiscal years 2021 through 2025.’’. 

8 SEC. 9011. GRANTS TO GROW AND DIVERSIFY THE DOULA 

9 WORKFORCE. 

10 Title VII of the Public Health Service Act (42 U.S.C. 

11 292 et seq.) is amended by inserting after section 758 (42 

12 U.S.C. 294f) the following: 

13 ‘‘SEC. 758A. DOULA WORKFORCE GRANTS. 

14 ‘‘(a) IN GENERAL.—The Secretary may award grants 

15 to entities to establish or expand programs described in 

16 subsection (b) to grow and diversify the doula workforce. 

17 ‘‘(b) USE OF FUNDS.—Recipients of grants under 

18 this section shall use the grants to grow and diversify the 

19 doula workforce by— 

20 ‘‘(1) establishing programs that provide edu21 cation and training to individuals seeking appro22 priate training or certification as doulas; and 

23 ‘‘(2) expanding the capacity of existing pro24 grams described in paragraph (1), for the purposes 

25 of increasing the number of students enrolled in 


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1 such programs, including by awarding scholarships 

2 for students. 

3 ‘‘(c) PRIORITIZATION.—In awarding grants under 

4 this section, the Secretary shall give priority to any entity 

5 that— 

6 ‘‘(1) has demonstrated a commitment to re7 cruiting and retaining students from underserved 

8 communities, particularly from demographic groups 

9 experiencing high rates of maternal mortality and 

10 severe maternal morbidity including communities of 

11 color; 

12 ‘‘(2) has developed a strategy to recruit into, 

13 and retain, a diverse pool of students the doula 

14 workforce program, particularly from demographic 

15 groups experiencing high rates of maternal mortality 

16 and severe maternal morbidity including commu17 nities of color; 

18 ‘‘(3) has developed a strategy to recruit and re19 tain students who plan to practice in a health pro20 fessional shortage area (as defined in section 332) or 

21 medically underserved community (as defined in sec22 tion 799B); 

23 ‘‘(4) has developed a strategy to recruit and re24 tain students who plan to practice in an area with 


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1 significant racial and ethnic disparities in maternal 

2 health outcomes including communities of color; and 

3 ‘‘(5) includes in the standard curriculum for all 

4 students a bias, racism, or discrimination training 

5 program that includes training on explicit and im6 plicit bias. 

7 ‘‘(d) REPORTING.—As a condition on receipt of a 

8 grant under this section for a doula workforce program, 

9 an entity shall agree to submit to the Secretary an annual 

10 report on the activities conducted through the grant, in11 cluding— 

12 ‘‘(1) the number and demographics of students 

13 participating in the program or school; 

14 ‘‘(2) the extent to which students in the pro15 gram or school are entering careers in— 

16 ‘‘(A) health professional shortage areas (as 

17 defined in section 332) or medically under18 served community (as defined in section 799B); 

19 and 

20 ‘‘(B) areas with significant racial and eth21 nic disparities in maternal health outcomes in22 cluding communities of color; and 

23 ‘‘(3) whether the program or school has in24 cluded in the standard curriculum for all students a 

25 bias, racism, or discrimination training program that 


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1 includes explicit and implicit bias, and if so, the ef2 fectiveness of such training program. 

3 ‘‘(e) PERIOD OF GRANTS.—The period of a grant 

4 under this section shall be up to 5 years. 

5 ‘‘(f) APPLICATION.—To seek a grant under this sec6 tion, an entity shall submit to the Secretary an application 

7 at such time, in such manner, and containing such infor8 mation as the Secretary may require, including any infor9 mation necessary for prioritization under subsection (c). 

10 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall 

11 provide, directly or by contract, technical assistance to in12 stitutions of higher education seeking or receiving a grant 

13 under this section on the development, use, evaluation, 

14 and post-grant period sustainability of the doula workforce 

15 programs proposed to be, or being, established or ex16 panded through the grant. 

17 ‘‘(h) REPORT BY SECRETARY.—Not later than 4 

18 years after the date of enactment of this section, the Sec19 retary shall prepare and submit to the Committee on 

20 Health, Education, Labor, and Pensions of the Senate and 

21 the Committee on Energy and Commerce of the House 

22 of Representatives, and post on the internet website of the 

23 Department of Health and Human Services, a report on 

24 the effectiveness of the grant program under this section 

25 at— 


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1 ‘‘(1) recruiting student from communities expe2 riencing high rates of maternal mortality and severe 

3 maternal morbidity and communities of color; 

4 ‘‘(2) increasing the number of doulas from de5 mographic groups experiencing high rates of mater6 nal mortality and severe maternal morbidity and 

7 communities of color; 

8 ‘‘(3) increasing the number of doulas working 

9 in health professional shortage areas (as defined in 

10 section 332) or medically underserved community 

11 (as defined in section 799B); and 

12 ‘‘(4) increasing the number of doulas working 

13 in areas with significant racial and ethnic disparities 

14 in maternal health outcomes and communities of 

15 color. 

16 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To 

17 carry out this section, there are authorized to be appro18 priated, and there are appropriated, out of amounts in the 

19 Treasury not otherwise appropriated, $20,000,000 for 

20 each of fiscal years 2021 through 2025.’’. 


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1 SEC. 9012. GRANTS TO STATE, LOCAL, AND TRIBAL PUBLIC 

2 HEALTH DEPARTMENTS ADDRESSING SOCIAL 

3 DETERMINANTS OF HEALTH FOR PREGNANT 

4 AND POSTPARTUM WOMEN. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human Services (referred to in this section as the ‘‘Sec7 retary’’) shall award grants to State, local, and Tribal 

8 public health departments to address social determinants 

9 of maternal health in order to reduce or eliminate racial 

10 and ethnic disparities in maternal health outcomes. 

11 (b) USE OF FUNDS.—A public health department re12 ceiving a grant under this section may use funds received 

13 through the grant to— 

14 (1) build capacity and hire staff to coordinate 

15 efforts of the public health department to address 

16 social determinants of maternal health; 

17 (2) develop, and provide for distribution of, re18 source lists of available social services for women in 

19 the prenatal and postpartum periods, which social 

20 services may include— 

21 (A) transportation vouchers; 

22 (B) housing supports; 

23 (C) child care access; 

24 (D) healthy food access; 

25 (E) nutrition counseling; 

26 (F) lactation supports; 


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1 (G) lead testing and abatement; 

2 (H) clean water; 

3 (I) infant formula; 

4 (J) maternal mental and behavioral health 

5 care services; 

6 (K) wellness and stress management pro7 grams; and 

8 (L) other social services as determined by 

9 the public health department; 

10 (3) in consultation with local stakeholders, es11 tablish or designate a ‘‘one-stop’’ resource center 

12 that provides coordinated social services in a single 

13 location for women in the prenatal or postpartum 

14 period; or 

15 (4) directly address specific social determinant 

16 needs for the community that are related to mater17 nal health as identified by the public health depart18 ment, such as— 

19 (A) transportation; 

20 (B) housing; 

21 (C) child care; 

22 (D) healthy foods; 

23 (E) infant formula; 

24 (F) nutrition counseling; 

25 (G) lactation supports; 


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1 (H) lead testing and abatement; 

2 (I) air and water quality; 

3 (J) wellness and stress management pro4 grams; and 

5 (K) other social determinants as deter6 mined by the public health department. 

7 (c) SPECIAL CONSIDERATION.—In awarding grants 

8 under subsection (a), the Secretary shall give special con9 sideration to State, local, and Tribal public health depart10 ments that— 

11 (1) propose to use the grants to reduce or end 

12 racial and ethnic disparities in maternal mortality 

13 and severe maternal morbidity rates; and 

14 (2) operate in— 

15 (A) areas with high rates of maternal mor16 tality and severe maternal morbidity; or 

17 (B) areas with high rates of significant ra18 cial and ethnic disparities in maternal mortality 

19 and severe maternal morbidity rates; or 

20 (C) communities of color. 

21 (d) GUIDANCE ON STRATEGIES.—In carrying out this 

22 section, the Secretary shall provide guidance to grantees 

23 on strategies for long-term viability of programs funded 

24 through this section after such funding ends. 

25 (e) REPORTING.— 


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1 (1) BY GRANTEES.—As a condition on receipt 

2 of a grant under this section, a grantee shall agree 

3 to— 

4 (A) evaluate the activities funded through 

5 the grant with respect to— 

6 (i) maternal health outcomes with a 

7 specific focus on racial and ethnic dispari8 ties; 

9 (ii) the subjective assessment of such 

10 activities by the beneficiaries of such ac11 tivities, including mothers and their fami12 lies; and 

13 (iii) cost effectiveness and return on 

14 investment; and 

15 (B) not later than 180 days after the end 

16 of the period of the grant, submit a report on 

17 the results of such evaluation to the Secretary. 

18 (2) BY SECRETARY.—Not later than the end of 

19 fiscal year 2026, the Secretary shall submit a report 

20 to the Committee on Health, Education, Labor, and 

21 Pensions of the Senate and the Committee on En22 ergy and Commerce of the House of Representa23 tives— 

24 (A) summarizing the evaluations submitted 

25 under paragraph (1); and 


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1 (B) making recommendations for improv2 ing maternal health and reducing or eliminating 

3 racial and ethnic disparities in maternal health 

4 outcomes, based on the results of grants under 

5 this section. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—To carry 

7 out this section, there are authorized to be appropriated, 

8 and there are appropriated, out of amounts in the Treas9 ury not otherwise appropriated, $50,000,000 for each of 

10 fiscal years 2021 through 2025. 

11 TITLE X—10–20–30 ANTI-POVERTY 

12 INITIATIVE AND HIRING AND 

13 CONTRACTING OPPORTUNI14 TIES 

15 Subtitle A—10–20–30 Anti-Poverty 

16 Initiative 

17 SEC. 10101. DEFINITIONS. 

18 In this subtitle: 

19 (1) DEVELOPMENT PROGRAM.—The term ‘‘de20 velopment program’’ means any of the following pro21 grams, offices, or appropriations accounts: 

22 (A) Any program administered by the Of23 fice of Rural Development of the Department of 

24 Agriculture. 


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1 (B) The Appalachian Regional Commission 

2 established by section 14301(a) of title 40, 

3 United States Code. 

4 (C) Department of Commerce, Economic 

5 Development Administration, Economic Devel6 opment Assistance Programs. 

7 (D) The Delta Regional Authority estab8 lished by section 382B(a)(1) of the Consoli9 dated Farm and Rural Development Act (7 

10 U.S.C. 2009aa–1(a)(1)). 

11 (E) The Denali Commission established by 

12 section 303(a) of the Denali Commission Act of 

13 1998 (42 U.S.C. 3121 note; 112 Stat. 2681– 

14 637). 

15 (F) Any training or employment services 

16 program administered by the Employment and 

17 Training Administration of the Department of 

18 Labor. 

19 (G) Department of Health and Human 

20 Services, Health Resources and Services Admin21 istration. 

22 (H) Environmental Protection Agency, 

23 State and Tribal Assistance Grants. 


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1 (I) Department of Commerce, National In2 stitute of Standards and Technology, Construc3 tion. 

4 (J) Any program under the Juvenile Jus5 tice and Delinquency Prevention Act of 1974 

6 (34 U.S.C. 11101 et seq.). 

7 (K) A victim services program for victims 

8 of trafficking, as authorized by section 

9 107(b)(2) of the Trafficking Victims Protection 

10 Act of 2000 (22 U.S.C. 7105(b)(2)). 

11 (L) Any program authorized under the 

12 Trafficking Victims Protection Reauthorization 

13 Act of 2005 (Public Law 109–164; 119 Stat. 

14 3558). 

15 (M) The Paul Coverdell Forensic Sciences 

16 Improvement Grants program under part BB of 

17 title I of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (34 U.S.C. 10561 et seq.). 

19 (N) DNA-related and forensic programs 

20 and activities grants under part X of title I of 

21 the Omnibus Crime Control and Safe Streets 

22 Act of 1968 (34 U.S.C. 10511 et seq.). 

23 (O) The grant program for community24 based sexual assault response reform grants 

25 under part T of title I of the Omnibus Crime 


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1 Control and Safe Streets Act of 1968 (34 

2 U.S.C. 10441 et seq.). 

3 (P) The court-appointed special advocate 

4 program under section 217 of the Crime Con5 trol Act of 1990 (34 U.S.C. 20323). 

6 (Q) A program under subtitle C of title II 

7 of the Second Chance Act of 2007 (34 U.S.C. 

8 60541 et seq.). 

9 (R) The Comprehensive Opioid Abuse 

10 Grant Program under part LL of title I of the 

11 Omnibus Crime Control and Safe Streets Act of 

12 1968 (34 U.S.C. 10701 et seq.). 

13 (S) A grant under section 220531 of title 

14 36, United States Code. 

15 (T) Department of Transportation, Office 

16 of the Secretary, Nationally Significant Freight 

17 and Highway Projects. 

18 (U) Department of Transportation, Office 

19 of the Secretary, National Infrastructure In20 vestments. 

21 (V) Department of Transportation, Fed22 eral Transit Administration, Bus and Bus Fa23 cilities Infrastructure Investment Program. 


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1 (W) Department of Transportation, Fed2 eral Transit Administration, Capital Investment 

3 Grants Program. 

4 (X) Any program of the Department of the 

5 Treasury relating to Community Development 

6 Financial Institutions (within the meaning of 

7 section 103 of the Community Development 

8 Banking and Financial Institutions Act of 1994 

9 (12 U.S.C. 4702)). 

10 (Y) The Southeast Crescent Regional Com11 mission established by section 15301(a)(1) of 

12 title 40, United States Code. 

13 (Z) The Southwest Border Regional Com14 mission established by section 15301(a)(2) of 

15 title 40, United States Code. 

16 (AA) The Northern Border Regional Com17 mission established by section 15301(a)(3) of 

18 title 40, United States Code. 

19 (BB) The Northern Great Plains Regional 

20 Authority established by section 383B(a)(1) of 

21 the Consolidated Farm and Rural Development 

22 Act (7 U.S.C. 2009bb–1(a)(1)). 

23 (CC) The fair housing initiatives program 

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1 nity Development Act of 1987 (42 U.S.C. 

2 3616a). 

3 (DD) A grant under section 4611 of the 

4 Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 7261). 

6 (2) PERSISTENT POVERTY COUNTY.—The term 

7 ‘‘persistent poverty county’’ means any county with 

8 a poverty rate of not less than 20 percent, as deter9 mined in each of the 1990 and 2000 decennial cen10 suses, and in the Small Area Income and Poverty 

11 Estimates of the Bureau of the Census for the most 

12 recent year for which the estimates are available. 

13 (3) HIGH-POVERTY AREA.—The term ‘‘high14 poverty area’’ means a census tract with a poverty 

15 rate of not less than 20 percent during the 5-year 

16 period ending on the date of enactment of this Act. 

17 SEC. 10102. 10–20–30 FORMULA FOR PERSISTENT POVERTY 

18 COUNTIES. 

19 Notwithstanding any other provision of law, the enti20 ty responsible for administering a development program 

21 shall use not less than 10 percent of the amounts made 

22 available in any appropriations Act for the program for 

23 each of fiscal years 2021 through 2030 in persistent pov24 erty counties, if the entity is otherwise authorized to do 

25 so. 


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1 SEC. 10103. TARGETING HIGH-POVERTY CENSUS TRACTS. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, the entity responsible for administering a de4 velopment program shall use not less than the percentage 

5 described in subsection (b) of the amounts made available 

6 in any appropriations Act for the program for each of fis7 cal years 2021 through 2030 for projects based in or pro8 viding direct benefits to high-poverty areas, if the entity 

9 is otherwise authorized to do so. 

10 (b) PERCENTAGE DESCRIBED.—The percentage re11 ferred to in subsection (a), with respect to a development 

12 program, is the percentage equal to the sum obtained by 

13 adding— 

14 (1) the average percentage of Federal assist15 ance awarded under the program in the 3-fiscal year 

16 period ending on the date of enactment of this Act 

17 that were used for projects based in or providing di18 rect benefits to high-poverty areas; and 

19 (2) 5 percent of the average total Federal as20 sistance awarded under the program during the pe21 riod referred to in paragraph (1). 

22 SEC. 10104. FAILURE TO TARGET FUNDS. 

23 If the entity responsible for administering a develop24 ment program does not comply with section 10103 with 

25 respect to the development program for a fiscal year, the 


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1 entity shall submit to Congress a report that describes 

2 how the entity plans to do so for the next fiscal year. 

3 SEC. 10105. REPORT TO CONGRESS. 

4 Not later than 180 days after the end of each fiscal 

5 year, the entity responsible for administering each devel6 opment program shall submit to Congress a progress re7 port on the implementation of this title with respect to 

8 the development program. 

9 Subtitle B—Hiring Opportunities 

10 SEC. 10211. LOCAL HIRING INITIATIVE FOR CONSTRUCTION 

11 JOBS. 

12 (a) ESTABLISHMENT.—Notwithstanding section 112 

13 of title 23, United States Code, section 200.319(b) of title 

14 2, Code of Federal Regulations (or successor regulations), 

15 section 635.117(b) of title 23, Code of Federal Regula16 tions (or successor regulations), and similar bidding re17 quirements under title 49, United States Code, recipients 

18 of Federal assistance under title 23 or 49, United States 

19 Code, may use geographic hiring preferences (including 

20 local hiring preferences) pertaining to the use of labor for 

21 construction on a federally assisted project, consistent 

22 with the policies and procedures of the recipient. 

23 (b) WORKFORCE DIVERSITY.—For purposes of sub24 section (a), the Secretary of Transportation shall amend 

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1 ble, to establish a policy that, to the maximum extent 

2 practicable— 

3 (1) ensures the use of pre-apprenticeship pro4 grams that— 

5 (A) are designed to prepare to enter reg6 istered apprenticeship programs— 

7 (i) individuals with a barrier to em8 ployment (as defined in section 3 of the 

9 Workforce Innovation and Opportunity Act 

10 (29 U.S.C. 3102)), including ex-offenders 

11 and individuals with a disability (as de12 fined in section 3 of the Americans with 

13 Disabilities Act of 1990 (42 U.S.C. 

14 12102)); and 

15 (ii) individuals that represent popu16 lations that are traditionally underrep17 resented in the infrastructure workforce, 

18 such as women and racial and ethnic mi19 norities; and 

20 (B) have written agreements with sponsors 

21 of not less than 1 registered apprenticeship pro22 gram that will enable participants who success23 fully complete the apprenticeship readiness pro24 gram to enter into the registered apprenticeship 

25 program if— 


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1 (i) an enrollment opportunity is avail2 able; and 

3 (ii) the participant meets the quali4 fications of the program; 

5 (2) ensures the use of registered apprenticeship 

6 programs that have written agreements with pre-ap7 prenticeship programs described in paragraph (1); 

8 and 

9 (3) encourages the entity using the geographic 

10 hiring preferences to establish outreach and support 

11 programs, in coordination with labor organizations, 

12 that increase diversity within the workforce, includ13 ing expanded participation from— 

14 (A) individuals with a barrier to employ15 ment (as defined in section 3 of the Workforce 

16 Innovation and Opportunity Act (29 U.S.C. 

17 3102)), including ex-offenders and individuals 

18 with a disability (as defined in section 3 of the 

19 Americans with Disabilities Act of 1990 (42 

20 U.S.C. 12102)); and 

21 (B) individuals that represent populations 

22 that are traditionally underrepresented in the 

23 infrastructure workforce, such as women and 

24 racial and ethnic minorities. 


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1 (c) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act and every 2 years thereafter, the 

3 Secretary of Transportation shall submit to the Commit4 tees on Environment and Public Works, Commerce, 

5 Science, and Transportation, and Banking, Housing, and 

6 Urban Affairs of the Senate and the Committee on Trans7 portation and Infrastructure of the House of Representa8 tives a report that describes the administration of this sec9 tion, including— 

10 (1) the number, types, and locations of projects 

11 that have used geographic hiring preferences pursu12 ant to this section; 

13 (2) an assessment of whether implementation of 

14 this section has served the intended purpose of this 

15 section, including by creating jobs or providing other 

16 benefits; and 

17 (3) any recommendations for modifications to 

18 this section and the implementation of this section. 

19 TITLE XI—RAISING THE MIN20 IMUM WAGE AND STRENGTH21 ENING OVERTIME RIGHTS 

22 Subtitle A—Raise the Wage Act 

23 SEC. 11111. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Raise the Wage 

25 Act’’. 


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1 SEC. 11112. MINIMUM WAGE INCREASES. 

2 (a) IN GENERAL.—Section 6(a)(1) of the Fair Labor 

3 Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 

4 to read as follows: 

5 ‘‘(1) except as otherwise provided in this sec6 tion, not less than— 

7 ‘‘(A) $8.55 an hour, beginning on the ef8 fective date under section 11117 of the Raise 

9 the Wage Act; 

10 ‘‘(B) $9.85 an hour, beginning 1 year after 

11 such effective date; 

12 ‘‘(C) $11.15 an hour, beginning 2 years 

13 after such effective date; 

14 ‘‘(D) $12.45 an hour, beginning 3 years 

15 after such effective date; 

16 ‘‘(E) $13.75 an hour, beginning 4 years 

17 after such effective date; 

18 ‘‘(F) $15.00 an hour, beginning 5 years 

19 after such effective date; and 

20 ‘‘(G) beginning on the date that is 6 years 

21 after such effective date, and annually there22 after, the amount determined by the Secretary 

23 under subsection (h);’’. 

24 (b) DETERMINATION BASED ON INCREASE IN THE

25 MEDIAN HOURLY WAGE OF ALL EMPLOYEES.—Section 


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1 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

2 206) is amended by adding at the end the following: 

3 ‘‘(h)(1) Not later than each date that is 90 days be4 fore a new minimum wage determined under subsection 

5 (a)(1)(G) is to take effect, the Secretary shall determine 

6 the minimum wage to be in effect under this subsection 

7 for each period described in subsection (a)(1)(G). The 

8 wage determined under this subsection for a year shall 

9 be— 

10 ‘‘(A) not less than the amount in effect under 

11 subsection (a)(1) on the date of such determination; 

12 ‘‘(B) increased from such amount by the annual 

13 percentage increase, if any, in the median hourly 

14 wage of all employees as determined by the Bureau 

15 of Labor Statistics; and 

16 ‘‘(C) rounded up to the nearest multiple of 

17 $0.05. 

18 ‘‘(2) In calculating the annual percentage increase in 

19 the median hourly wage of all employees for purposes of 

20 paragraph (1)(B), the Secretary, through the Bureau of 

21 Labor Statistics, shall compile data on the hourly wages 

22 of all employees to determine such a median hourly wage 

23 and compare such median hourly wage for the most recent 

24 year for which data are available with the median hourly 

25 wage determined for the preceding year.’’. 


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1 SEC. 11113. TIPPED EMPLOYEES. 

2 (a) BASE MINIMUM WAGE FOR TIPPED EMPLOYEES

3 AND TIPS RETAINED BY EMPLOYEES.—Section 

4 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 

5 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as fol6 lows: 

7 ‘‘(i) the cash wage paid such employee, which 

8 for purposes of such determination shall be not less 

9 than— 

10 ‘‘(I) for the 1-year period beginning on the 

11 effective date under section 11117 of the Raise 

12 the Wage Act, $3.60 an hour; 

13 ‘‘(II) for each succeeding 1-year period 

14 until the hourly wage under this clause equals 

15 the wage in effect under section 6(a)(1) for 

16 such period, an hourly wage equal to the 

17 amount determined under this clause for the 

18 preceding year, increased by the lesser of— 

19 ‘‘(aa) $1.50; or 

20 ‘‘(bb) the amount necessary for the 

21 wage in effect under this clause to equal 

22 the wage in effect under section 6(a)(1) for 

23 such period, rounded up to the nearest 

24 multiple of $0.05; and 

25 ‘‘(III) for each succeeding 1-year period 

26 after the increase made pursuant to subclause 


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1 (II), the minimum wage in effect under section 

2 6(a)(1); and’’. 

3 (b) TIPS RETAINED BY EMPLOYEES.—Section 

4 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 

5 U.S.C. 203(m)(2)(A)) is amended— 

6 (1) in the second sentence of the matter fol7 lowing clause (ii), by striking ‘‘of this subsection, 

8 and all tips received by such employee have been re9 tained by the employee’’ and inserting ‘‘of this sub10 section. Any employee shall have the right to retain 

11 any tips received by such employee’’; and 

12 (2) by adding at the end the following: ‘‘An em13 ployer shall inform each employee of the right and 

14 exception provided under the preceding sentence.’’. 

15 (c) SCHEDULED REPEAL OF SEPARATE MINIMUM

16 WAGE FOR TIPPED EMPLOYEES.— 

17 (1) TIPPED EMPLOYEES.—Section 3(m)(2)(A) 

18 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

19 203(m)(2)(A)), as amended by subsections (a) and 

20 (b), is further amended by striking the sentence be21 ginning with ‘‘In determining the wage an employer 

22 is required to pay a tipped employee,’’ and all that 

23 follows through ‘‘of this subsection.’’ and inserting 

24 ‘‘The wage required to be paid to a tipped employee 

25 shall be the wage set forth in section 6(a)(1).’’. 


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1 (2) PUBLICATION OF NOTICE.—Subsection (i) 

2 of section 6 of the Fair Labor Standards Act of 

3 1938 (29 U.S.C. 206), as amended by section 

4 11115, is further amended by striking ‘‘or in accord5 ance with subclause (II) or (III) of section 

6 3(m)(2)(A)(i)’’. 

7 (3) EFFECTIVE DATE.—The amendments made 

8 by paragraphs (1) and (2) shall take effect on the 

9 date that is one day after the date on which the 

10 hourly wage under subclause (III) of section 

11 3(m)(2)(A)(i) of the Fair Labor Standards Act of 

12 1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by 

13 subsection (a), takes effect. 

14 SEC. 11114. NEWLY HIRED EMPLOYEES WHO ARE LESS 

15 THAN 20 YEARS OLD. 

16 (a) BASE MINIMUM WAGE FOR NEWLY HIRED EM17 PLOYEES WHO ARE LESS THAN 20 YEARS OLD.—Section 

18 6(g)(1) of the Fair Labor Standards Act of 1938 (29 

19 U.S.C. 206(g)(1)) is amended by striking ‘‘a wage which 

20 is not less than $4.25 an hour.’’ and inserting the fol21 lowing: ‘‘a wage at a rate that is not less than— 

22 ‘‘(A) for the 1-year period beginning on the ef23 fective date under section 11117 of the Raise the 

24 Wage Act, $5.50 an hour; 


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1 ‘‘(B) for each succeeding 1-year period until the 

2 hourly wage under this paragraph equals the wage 

3 in effect under section 6(a)(1) for such period, an 

4 hourly wage equal to the amount determined under 

5 this paragraph for the preceding year, increased by 

6 the lesser of— 

7 ‘‘(i) $1.25; or 

8 ‘‘(ii) the amount necessary for the wage in 

9 effect under this paragraph to equal the wage 

10 in effect under section 6(a)(1) for such period, 

11 rounded up to the nearest multiple of $0.05; 

12 and 

13 ‘‘(C) for each succeeding 1-year period after the 

14 increase made pursuant to subparagraph (B)(ii), the 

15 minimum wage in effect under section 6(a)(1).’’. 

16 (b) SCHEDULED REPEAL OF SEPARATE MINIMUM

17 WAGE FOR NEWLY HIRED EMPLOYEES WHO ARE LESS

18 THAN 20 YEARS OLD.— 

19 (1) IN GENERAL.—Section 6(g)(1) of the Fair 

20 Labor Standards Act of 1938 (29 U.S.C. 

21 206(g)(1)), as amended by subsection (a), shall be 

22 repealed. 

23 (2) PUBLICATION OF NOTICE.—Subsection (i) 

24 of section 6 of the Fair Labor Standards Act of 

25 1938 (29 U.S.C. 206), as amended by section 


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1 11113(c)(2), is further amended by striking ‘‘or sub2 paragraph (B) or (C) of subsection (g)(1),’’. 

3 (3) EFFECTIVE DATE.—The repeal and amend4 ment made by paragraphs (1) and (2), respectively, 

5 shall take effect on the date that is one day after the 

6 date on which the hourly wage under subparagraph 

7 (C) of section 6(g)(1) of the Fair Labor Standards 

8 Act of 1938 (29 U.S.C. 206(g)(1)), as amended by 

9 subsection (a), takes effect. 

10 SEC. 11115. PUBLICATION OF NOTICE. 

11 Section 6 of the Fair Labor Standards Act of 1938 

12 (29 U.S.C. 206), as amended by the preceding sections, 

13 is further amended by adding at the end the following: 

14 ‘‘(i) Not later than 60 days prior to the effective date 

15 of any increase in the required wage determined under 

16 subsection (a)(1) or subparagraph (B) or (C) of subsection 

17 (g)(1), or in accordance with subclause (II) or (III) of sec18 tion 3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary 

19 shall publish in the Federal Register and on the website 

20 of the Department of Labor a notice announcing each in21 crease in such required wage.’’. 

22 SEC. 11116. PROMOTING ECONOMIC SELF-SUFFICIENCY 

23 FOR INDIVIDUALS WITH DISABILITIES. 

24 (a) WAGES.— 


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1 (1) TRANSITION TO FAIR WAGES FOR INDIVID2 UALS WITH DISABILITIES.—Subparagraph (A) of 

3 section 14(c)(1) of the Fair Labor Standards Act of 

4 1938 (29 U.S.C. 214(c)(1)) is amended to read as 

5 follows: 

6 ‘‘(A) at a rate that equals, or exceeds, for each 

7 year, the greater of— 

8 ‘‘(i)(I) $4.25 an hour, beginning 1 year 

9 after the date the wage rate specified in section 

10 6(a)(1)(A) takes effect; 

11 ‘‘(II) $6.40 an hour, beginning 2 years 

12 after such date; 

13 ‘‘(III) $8.55 an hour, beginning 3 years 

14 after such date; 

15 ‘‘(IV) $10.70 an hour, beginning 4 years 

16 after such date; 

17 ‘‘(V) $12.85 an hour, beginning 5 years 

18 after such date; and 

19 ‘‘(VI) the wage rate in effect under section 

20 6(a)(1), on the date that is 6 years after the 

21 date the wage specified in section 6(a)(1)(A) 

22 takes effect; or 

23 ‘‘(ii) if applicable, the wage rate in effect 

24 on the day before the date of enactment of the 

25 Raise the Wage Act for the employment, under 


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1 a special certificate issued under this para2 graph, of the individual for whom the wage rate 

3 is being determined under this subparagraph,’’. 

4 (2) PROHIBITION ON NEW SPECIAL CERTIFI5 CATES; SUNSET.—Section 14(c) of the Fair Labor 

6 Standards Act of 1938 (29 U.S.C. 214(c)) (as 

7 amended by paragraph (1)) is further amended by 

8 adding at the end the following: 

9 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI10 CATES.—Notwithstanding paragraph (1), the Secretary 

11 shall not issue a special certificate under this subsection 

12 to an employer that was not issued a special certificate 

13 under this subsection before the date of enactment of the 

14 Raise the Wage Act. 

15 ‘‘(7) SUNSET.—Beginning on the day after the date 

16 on which the wage rate described in paragraph 

17 (1)(A)(i)(VI) takes effect, the authority to issue special 

18 certificates under paragraph (1) shall expire, and no spe19 cial certificates issued under paragraph (1) shall have any 

20 legal effect. 

21 ‘‘(8) TRANSITION ASSISTANCE.—Upon request, the 

22 Secretary shall provide— 

23 ‘‘(A) technical assistance and information to 

24 employers issued a special certificate under this sub25 section for the purposes of— 


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1 ‘‘(i) transitioning the practices of such em2 ployers to comply with this subsection, as 

3 amended by the Raise the Wage Act; and 

4 ‘‘(ii) ensuring continuing employment op5 portunities for individuals with disabilities re6 ceiving a special minimum wage rate under this 

7 subsection; and 

8 ‘‘(B) information to individuals employed at a 

9 special minimum wage rate under this subsection, 

10 which may include referrals to Federal or State enti11 ties with expertise in competitive integrated employ12 ment.’’. 

13 (3) EFFECTIVE DATE.—The amendments made 

14 by this subsection shall take effect on the date of en15 actment of this Act. 

16 (b) PUBLICATION OF NOTICE.— 

17 (1) AMENDMENT.—Subsection (i) of section 6 

18 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

19 206), as amended by section 11114(b)(2), is further 

20 amended by striking ‘‘or section 14(c)(1)(A),’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the day after 

23 the date on which the wage rate described in para24 graph (1)(A)(i)(VI) of section 14(c) of the Fair 


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1 Labor Standards Act of 1938 (29 U.S.C. 214(c)), as 

2 amended by subsection (a)(1), takes effect. 

3 SEC. 11117. GENERAL EFFECTIVE DATE. 

4 Except as otherwise provided in this subtitle or the 

5 amendments made by this subtitle, this subtitle and the 

6 amendments made by this subtitle shall take effect on the 

7 first day of the third month that begins after the date 

8 of enactment of this Act. 

9 Subtitle B—Restoring Overtime 

10 Pay Act 

11 SEC. 11121. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Restoring Over13 time Pay Act’’. 

14 SEC. 11122. MINIMUM SALARY THRESHOLD FOR BONA FIDE 

15 EXECUTIVE, ADMINISTRATIVE, AND PROFES16 SIONAL EMPLOYEES EXEMPT FROM FEDERAL 

17 OVERTIME COMPENSATION REQUIREMENTS. 

18 (a) IN GENERAL.—Section 13 of the Fair Labor 

19 Standards Act of 1938 (29 U.S.C. 213) is amended— 

20 (1) in subsection (a)(1)— 

21 (A) by inserting ‘‘subsection (k) and’’ after 

22 ‘‘subject to’’; and 

23 (B) by inserting ‘‘(except as provided 

24 under subsection (k)(2)(C))’’ after ‘‘Administra25 tive Procedure Act’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(k) MINIMUM SALARY THRESHOLD.— 

3 ‘‘(1) IN GENERAL.—Beginning on the effective 

4 date of the Restoring Overtime Pay Act, the Sec5 retary shall require that an employee described in 

6 subsection (a)(1), as a requirement for exemption 

7 under such subsection, be compensated on a salary 

8 basis, or equivalent fee basis, within the meaning of 

9 such terms in subpart G of part 541 of title 29, 

10 Code of Federal Regulations (or any successor regu11 lation), at a rate per week that is not less than the 

12 salary threshold under paragraph (2). 

13 ‘‘(2) SALARY THRESHOLD.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graphs (B) and (C), the salary threshold shall 

16 be an amount that is equal to the 40th per17 centile of earnings of full-time salaried workers 

18 in the lowest-wage census region, as determined 

19 by the Bureau of Labor Statistics based on 

20 data from the second quarter of the calendar 

21 year preceding the calendar year in which such 

22 amount takes effect. 

23 ‘‘(B) INCREASED THRESHOLD.—The Sec24 retary may establish, through notice and com25 ment rulemaking under section 553 of title 5, 


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1 United States Code, a salary threshold that is 

2 an amount that— 

3 ‘‘(i) is greater than the 40th per4 centile of earnings of the full-time salaried 

5 workers described in subparagraph (A); 

6 and 

7 ‘‘(ii) is calculated based on a data set 

8 and methodology established by the Sec9 retary that are capable of being updated in 

10 accordance with subparagraph (C). 

11 ‘‘(C) AUTOMATIC UPDATES.— 

12 ‘‘(i) IN GENERAL.—Not later than 3 

13 years after the salary threshold first takes 

14 effect under subparagraph (A), and every 

15 3 years thereafter, or, in the case in which 

16 the Secretary establishes an increased sal17 ary threshold under subparagraph (B), 

18 every 3 years after establishing such in19 creased salary threshold, the Secretary 

20 shall update the amount of the salary 

21 threshold in effect under subparagraph (A) 

22 or (B), as applicable, so that such amount 

23 is equal to— 

24 ‘‘(I) in the case in which the Sec25 retary does not establish an increased 


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1 salary threshold under subparagraph 

2 (B), the 40th percentile of earnings of 

3 full-time salaried workers in the low4 est-wage census region, as determined 

5 by the Bureau of Labor Statistics 

6 based on data from the second quar7 ter of the calendar year preceding the 

8 calendar year in which such updated 

9 amount is to take effect; and 

10 ‘‘(II) in the case in which the 

11 Secretary establishes an increased sal12 ary threshold under subparagraph 

13 (B), the greater of— 

14 ‘‘(aa) the 40th percentile de15 scribed in subclause (I); and 

16 ‘‘(bb) the increased salary 

17 threshold established under sub18 paragraph (B), as updated in ac19 cordance with the data set and 

20 methodology established by the 

21 Secretary under subparagraph 

22 (B)(ii). 

23 ‘‘(ii) NONAPPLICABILITY OF RULE24 MAKING.—Any update described in this 

25 subparagraph shall not be subject to the 


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1 requirements of notice and comment rule2 making under section 553 of title 5, 

3 United States Code. 

4 ‘‘(D) NOTICE REQUIREMENT.—Not later 

5 than 60 days before a revised salary threshold 

6 under this paragraph takes effect, the Secretary 

7 shall publish a notice announcing the amount in 

8 the Federal Register and on the internet 

9 website of the Department of Labor. 

10 ‘‘(3) DUTIES TEST.—The Secretary shall, in 

11 addition to the requirement under paragraph (1), 

12 continue to require employees to satisfy a duties 

13 test, as prescribed by the Secretary, in defining and 

14 delimiting the terms described in subsection (a)(1).’’. 

15 (b) PUBLICATION OF EARNINGS.—Not later than 21 

16 days after the end of each calendar quarter, the Bureau 

17 of Labor Statistics shall publish on its public website, for 

18 each week of such quarter, data on the weekly earnings 

19 of nonhourly, full-time salaried workers by census region 

20 (as designated by the Bureau of the Census). 

21 (c) EFFECTIVE DATE.—This subtitle, and the 

22 amendments made by this subtitle, shall take effect on the 

23 first day of the third month that begins after the date 

24 of enactment of this Act. 

Æ 


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