(B) a lead entity designated pursuant to a 
cooperation agreement entered into under sec-
tion 3(b) for an applicable area for which a RE-
COMPETE grant is provided. 
(13) RECOMPETE GRANT.—The term ‘‘RE-
COMPETE grant’’ means a grant provided to a re-
cipient under section 4(a). 
(14) RECOMPETE PLAN.—The term ‘‘RE-
COMPETE plan’’ means a plan developed by an ap-
plicant under section 4(b). 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce, acting through 
the Assistant Secretary for Economic Development. 
(16) SUBRECIPIENT.—The term ‘‘subrecipient’’ 
means an applicant located within an applicable area 
that— 
(A) is not a recipient; but 
(B) receives funds provided under a RE-
COMPETE grant in such manner and in such 
amounts as may be agreed to in the RECOM-
PETE plan for the applicable area. 
(17) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of any Indian or Alaska Native tribe, band, nation, 
pueblo, village, community, component band, or com-
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
ponent reservation, individually identified (including 
parenthetically) in the list published by the Bureau 
of Indian Affairs on January 29, 2021, pursuant to 
section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5131). 
(18) TRIBAL LAND.—The term ‘‘Tribal land’’ 
means— 
(A) any land located within the boundaries 
of an Indian reservation, pueblo, or rancheria; 
or 
(B) any land not located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria, the title to which is held— 
(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity. 
SEC. 3. DISTRESS ELIGIBILITY CRITERIA AND COOPERA-
TION AGREEMENTS. 
(a) DISTRESS ELIGIBILITY.— 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
(1) CRITERIA.—To be eligible for a RECOM-
PETE grant, a local labor market, local community, 
partial local labor market, or Tribal government 
shall meet the following criteria, as applicable, as de-
termined by the Secretary: 
(A) LOCAL
LABOR
MARKETS.—A local 
labor market shall have a prime-age employ-
ment gap equal to not less than 2.5 percent. 
(B) LOCAL COMMUNITIES.—A local com-
munity shall— 
(i) meet the applicable requirements 
described in section 2(6); and 
(ii) have— 
(I) a median household income 
equal to not more than $75,000; and 
(II)(aa) a prime-age employment 
gap of not less than 5 percent; or 
(bb) as determined by the Sec-
retary, a special need arising from— 
(AA) a recent decrease in 
the applicable prime-age employ-
ment rate; or 
(BB) another severe eco-
nomic disruption that is likely to 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
reduce the applicable prime-age 
employment rate. 
(C) PARTIAL LOCAL LABOR MARKETS.—A 
partial local labor market shall— 
(i) have a prime-age employment gap 
equal to not less than 2.5 percent; and 
(ii) receive a waiver under subsection 
(b)(3)(A). 
(D) TRIBAL GOVERNMENTS.— 
(i) IN
GENERAL.—A Tribal govern-
ment shall have a prime-age employment 
gap of not less than 2.5 percent, as cal-
culated under clause (ii). 
(ii) CALCULATION.—For purposes of 
clause (i), the prime-age employment gap 
of a Tribal government shall be calculated, 
with respect to the most recent 5-year pe-
riod for which data are available, for all in-
dividuals residing on the Tribal land of the 
Tribal government. 
(2) LIMITATIONS.— 
(A) APPLICABLE
AREAS.—A local labor 
market, local community, partial local labor 
market, or Tribal government shall not be eligi-
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
ble to receive more than 1 RECOMPETE 
grant. 
(B) APPLICANTS.—For purposes of the 
RECOMPETE grant program, an applicant 
may not be considered to be located in, or sub-
mit an application under section 4(a)(2) on be-
half of, more than 1 eligible local labor market, 
local community, partial local labor market, or 
Tribal government. 
(b) COOPERATION AGREEMENTS.— 
(1) REQUIREMENT.— 
(A) IN GENERAL.—Subject to paragraph 
(3), if an applicable area contains 2 or more ap-
plicants described in subparagraph (A), (B), or 
(C) of section 2(2), each such applicant shall, 
as a condition of receiving a RECOMPETE 
grant for the applicable area— 
(i) enter into a legally binding co-
operation agreement for the applicable 
area in accordance with subparagraph (C); 
and 
(ii) designate 1 applicant as the lead 
entity to act in a representative capacity 
for purposes of assuming overall responsi-
bility for carrying out the programs and 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
activities, and achieving compliance with 
the applicable requirements, under the RE-
COMPETE grant. 
(B) PARTICIPATION
BY
OTHER
APPLI-
CANTS.—An applicant described in subpara-
graph (E), (F), or (G) of section 2(2) that is 
located in an applicable area for which a co-
operation agreement is entered into under sub-
paragraph (A) may elect to join the cooperation 
agreement, at the discretion of the applicant. 
(C) TERMS.—A cooperation agreement 
under this subsection shall include— 
(i) a written statement that— 
(I) is executed by each applicant 
that is a party to the cooperation 
agreement; and 
(II) establishes the consent of the 
applicant to be bound by the terms 
of— 
(aa) the cooperation agree-
ment; and 
(bb) the RECOMPETE plan 
for the applicable area; and 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
(ii) a process for redress of any ac-
tion, or failure to act, by the lead entity 
that is detrimental to an applicant. 
(D) LIMITATION.—An applicable area may 
be the subject of only 1 cooperation agreement. 
(2) ELECTION
BY
LOCAL
COMMUNITIES
AND 
TRIBAL GOVERNMENTS.— 
(A) LOCAL COMMUNITIES.— 
(i) IN GENERAL.—A local community 
may enter into a cooperation agreement 
described in paragraph (1) with any other 
local communities located within the same 
local labor market, subject to the condition 
that 1 or more of those local communities 
shall be an eligible local community. 
(ii) PARTIES.—A cooperation agree-
ment under clause (i) may be executed be-
tween or among— 
(I) an eligible local community; 
and 
(II) 1 or more— 
(aa) other eligible local com-
munities, or applicants within an 
eligible local community, located 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
within the same local labor mar-
ket; or 
(bb) applicants that are not 
located within an eligible local 
community, but are located with-
in the same local labor market as 
an eligible local community. 
(iii) ADDITIONAL AMOUNTS.—On exe-
cution of a cooperation agreement under 
this subparagraph involving 1 or more ap-
plicants described in clause (ii)(II)(bb), the 
Secretary may award additional amounts 
in accordance with subsection (c)(6) of sec-
tion 6, subject to the applicable cost-shar-
ing requirements of subsection (e)(2) of 
that section. 
(B) TRIBAL GOVERNMENTS.— 
(i) 
IN
GENERAL.—Regardless 
of 
whether the Tribal government is eligible, 
subject to clause (ii), a Tribal government 
may elect to enter into a cooperation 
agreement described in paragraph (1) with 
1 or more applicants from an eligible local 
labor market, local community, or partial 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
local labor market that is adjacent to the 
Tribal land of the Tribal government. 
(ii) DEADLINE.—An election by a 
Tribal government under clause (i) shall be 
made by not later than 45 days after the 
first date of the application period estab-
lished for the Tribal government under 
section 4(a)(2)(B). 
(iii) TREATMENT.—If a Tribal gov-
ernment elects to enter into a cooperation 
agreement under clause (i)— 
(I) the Tribal land of the Tribal 
government shall be— 
(aa) considered to be in-
cluded in the applicable area of 
the eligible local labor market, 
local community, or partial local 
labor market that is the subject 
of the cooperation agreement; 
and 
(bb) subject to the RECOM-
PETE plan for the applicable 
area described in item (aa); and 
(II) the amount of the RECOM-
PETE grant to which the Tribal gov-
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
ernment is otherwise eligible to re-
ceive, if applicable— 
(aa) shall not be decreased; 
and 
(bb) shall be added to the 
amount provided to the applica-
ble lead entity for use in accord-
ance with the RECOMPETE 
plan. 
(iv) ENCOURAGEMENT
TO
COLLABO-
RATE.—To the maximum extent prac-
ticable, the Secretary shall encourage Trib-
al governments to enter into cooperation 
agreements described in clause (i). 
(v) EFFECT
OF
SUBPARAGRAPH.— 
Nothing in this subparagraph— 
(I) requires a Tribal government 
to enter into a cooperation agreement 
in order to receive a RECOMPETE 
grant; 
(II) penalizes a Tribal govern-
ment that does not elect to participate 
in a cooperation agreement; or 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
(III) 
otherwise 
affects 
the 
amount of a RECOMPETE grant to 
be provided to any Tribal government. 
(3) WAIVERS.— 
(A) IN
GENERAL.—The Secretary may 
waive the requirement under paragraph (1) 
with respect to an applicant acting on behalf of 
a partial local labor market that— 
(i) meets the criterion described in 
subsection (a)(1)(C)(i); 
(ii) is located within an eligible local 
labor market with respect to which a co-
operation agreement is unable to be exe-
cuted under paragraph (1), despite reason-
able efforts; and 
(iii) submits to the Secretary a re-
quest for a waiver under this paragraph 
demonstrating the ability to carry out the 
programs and activities, and achieve com-
pliance with the applicable requirements, 
under sections 4 and 5 in the applicable 
area. 
(B) EFFECT.—On receipt of a waiver 
under subparagraph (A), a partial local labor 
market— 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS
(i) shall be eligible to receive a RE-
COMPETE grant; and 
(ii) may elect to carry out the pro-
grams and activities, and achieve compli-
ance with the applicable requirements, in 
the applicable area under the RECOM-
PETE grant— 
(I) independently; or 
(II) by designating from among 
applicants located within the applica-
ble area a lead entity pursuant to a 
cooperation agreement described in 
paragraph (1), which shall submit to 
the Secretary a written notice in ac-
cordance with paragraph (4). 
(4) SUBMISSION TO SECRETARY.—On execution 
of a cooperation agreement under paragraph (1), 
(2), or (3)(B)(ii)(II), the lead entity shall submit to 
the Secretary a written notice that— 
(A) describes— 
(i) the cooperation agreement; 
(ii) the date of execution of the co-
operation agreement; 
(iii) the authorization of the lead enti-
ty under the cooperation agreement; and 
VerDate Sep 11 2014 
17:25 Aug 23, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4651.IH
H4651
pamtmann on DSKBC07HB2PROD with BILLS