,,ii #aafth ,,congress #b;d ,session ,s4 #ejfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjbj,mr4 ,schumer 7for himself1 ,mrs4 ,murray1 ,mr4 ,wyden1 ,mr4 ,durbin1 ,mr4 ,reed1 ,mr4 ,carper1 ,ms4 ,stabenow1 ,mr4 ,brown1 ,mr4 ,warner1 ,mrs4 ,gillibrand1 ,ms4 ,hirono1 ,mr4 ,booker1 ,ms4 ,duckworth1 ,ms4 ,harris1 ,mr4 ,udall1 ,mr4 ,cardin1 ,ms4 ,baldwin1 ,mr4 ,merkley1 ,mr4 ,whitehouse1 ,mr4 ,schatz1 ,mr4 ,sanders1 ,ms4 ,klobuchar1 ,mr4 ,blumenthal1 ,mr4 ,van ,hollen1 ,mr4 ,heinrich1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide more than #dce1jjj1jjj1jjj in immediate and long-term investments in communities to promote economic justice1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,economic ,justice ,act4 #b4 ,table of contents ,the table of contents of this ,act is the following3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,emergency designation4,,title ,i--,child care is essential program,sec4 #ajja4 ,child care is essential program4,,title ,,ii--,expanding and improving access to community health care,subtitle ,a--,support for health centers1 hospitals1 and other health care facilities,sec4 #baja4 ,primary health care4,sec4 #bajb4 ,additional community health center funding4,sec4 #bajc4 ,teaching health centers that operate graduate medical education program4,sec4 #bajd4 ,hospital infrastructure4,sec4 #baje4 #bast century ,indian health program hospitals and outpatient health care facilities4,sec4 #bajf4 ,pilot program to improve community-based care infrastructure4,sec4 #bajg4 ,school-based health centers4,subtitle ,b--,support for health care workforce training,sec4 #bbja4 ,grants for schools of medicine and schools of osteopathic medicine in underserved areas4,sec4 #bbjb4 ,support for nursing education and the future nursing workforce4,sec4 #bbjc4 ,loan ,repayment ,program for substance use disorder treatment workforce4,sec4 #bbjd4 ,loan repayment and scholarship programs for the nursing workforce4,sec4 #bbje4 ,additional funding for health professions education4,sec4 #bbjf4 ,additional funding for nursing workforce development4,sec4 #bbjg4 ,national ,health ,service ,corps4,subtitle ,c--,improving access to health care services,sec4 #bcja4 ,expanding access to mental health services and certain evaluation and management services furnished through telehealth4,sec4 #bcjb4 ,enhanced ,federal ,medicaid support for community-based mobile crisis intervention services4,sec4 #bcjc4 ,extension and expansion of ,community ,mental ,health ,services demonstration program2 funding for the ,certified ,community ,behavioral ,health ,clinic ,expansion ,grant ,program4,sec4 #bcjd4 ,expanding capacity for health outcomes4,sec4 #bcje4 ,ryan ,white ,,hiv_/,,aids program4,sec4 #bcjf4 ,community mental health services block grant4,sec4 #bcjg4 ,substance abuse prevention and treatment block grant4,,title ,,iii--,federally supported jobs1 training1 and at-risk youth initiatives,subtitle ,a--,department of ,labor ,employment and ,training ,programs,sec4 #caja4 ,definitions and ,,wioa requirements4,chapter #a--,workforce ,development ,activities in ,response to the ,,covid-#ai ,national ,emergency,sec4 #caaa4 ,workforce response activities4,sec4 #caab4 ,national dislocated worker grants4,sec4 #caac4 ,state dislocated worker activities responding to the ,,covid-#ai emergency4,sec4 #caad4 ,youth workforce investment activities responding to the ,,covid-#ai national emergency4,sec4 #caae4 ,adult employment and training activities responding to the ,,covid-#ai national emergency4,chapter #b--;,employment ,service ,,covid-#ai ,national ,emergency ,response ,fund,sec4 #caba4 ,employment service4,chapter #c--;,job ,corps ,response to the ,,covid-#ai ,national ,emergency,sec4 #caca4 ,job ,corps response to the ,,covid-#ai national emergency4,chapter #d--,national ,programs,sec4 #cada4 ,native ,american programs responding to the ,,covid-#ai national emergency4,sec4 #cadb4 ,migrant and seasonal farmworker program response4,sec4 #cadc4 ,youth,build activities responding to the ,,covid-#ai national emergency4,sec4 #cadd4 ,reentry employment opportunities responding to the ,,covid-#ai national emergency4,sec4 #cade4 ,registered apprenticeship opportunities responding to the ,,covid-#ai national emergency4,chapter #e--;,adult ,education and ,literacy ,,covid-#ai ,national ,emergency ,response,sec4 #caea4 ,definitions4,sec4 #caeb4 ,adult education and literacy response activities4,sec4 #caec4 ,distribution of funds4,chapter #f--;,community ,college and ,industry ,partnership ,grants,sec4 #cafa4 ,community college and industry partnership grants4,chapter #g--,senior ,community ,service ,employment ,program,sec4 #caga4 ,appropriations4,chapter #h--;,general ,provisions,sec4 #cagf4 ,general provisions4,subtitle ,b--,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf,sec4 #cbja4 ,definitions and ,perkins ,,cte requirements4,sec4 #cbjb4 ,,covid-#ai career and technical education response flexibility4,sec4 #cbjc4 ,perkins career and technical education4,sec4 #cbjd4 ,general provisions4,subtitle ,c--,pandemic ,,tanf ,assistance,sec4 #ccja4 ,emergency flexibility for ,state and ,tribal ,,tanf programs4,sec4 #ccjb4 ,coronavirus ,emergency ,assistance ,grants for ,low-,income ,families4,subtitle ,d--,preventing ,child ,abuse and ,neglect,sec4 #cdja4 ,,capta investments4,subtitle ,e--,modernizing ,child ,support ,sec4 #ceja4 ,short title2 definition4,chapter #a--,promoting ,responsible ,fatherhood and ,strengthening ,low-,income ,families,sec4 #ceaa4 ,reauthorization of healthy marriage promotion and responsible fatherhood grants4,chapter #b--;,improving ,resources for ,domestic ,violence and ,family ,strengthening,sec4 #ceba4 ,best practices for coordination of policy to address domestic violence and family engagement4,sec4 #cebb4 ,grants supporting healthy family partnerships for domestic violence intervention and prevention4,sec4 #cebc4 ,procedures to address domestic violence4,chapter #c--,modernization of ,child ,support ,enforcement,sec4 #ceca4 ,pilot program to stay automatic child support enforcement against non-custodial parents participating in a healthy marriage or responsible fatherhood program4,sec4 #cecb4 ,closure of certain child support enforcement cases4,chapter #d--,parenting time services pilot program,sec4 #ceda4 ,parenting time services pilot program4,chapter #e--;,improvements to the child support pass-,through requirements,sec4 #ceea4 ,child support pass-through program improvements4,sec4 #ceeb4 ,ban on recovery of ,medicaid costs for births4,sec4 #ceec4 ,improving ,state documentation and reporting of child support collection data4,chapter #f--,program ,flexibility ,during the ,,covid-#ai ,pandemic,sec4 #cefa4 ,emergency ,,tanf flexibility4,sec4 #cefb4 #bjbj recovery rebates not subject to reduction or offset with respect to past-due support4,sec4 #cefc4 ,protection of #bjbj recovery rebates4,chapter #g--;,effective ,date,sec4 #cega4 ,effective date4,,title ,,iv--,capital and support for small businesses ,subtitle ,a--,more lending to small businesses in communities of color,sec4 #daja4 ,community advantage loan program4,sec4 #dajb4 ,spurring innovation in underserved markets4,sec4 #dajc4 ,office of ,emerging ,markets4,sec4 #dajd4 ,,sbic ,diversity ,working ,group4,subtitle ,b--,minority business resiliency,sec4 #dbja4 ,short title4,sec4 #dbjb4 ,findings and purposes4,sec4 #dbjc4 ,definitions4,sec4 #dbjd4 ,minority ,business ,development ,agency4,chapter #a--;,,covid-#ai rapid response,sec4 #dbaa4 ,emergency appropriation4,chapter #b--;,existing initiatives,s,u,b,c,h,a,p,t,e,r ,a--,market development1 research1 and information,sec4 #dbba4 ,private sector development4,sec4 #dbbb4 ,public sector development4,sec4 #dbbc4 ,research and information4,,subchapter ,b--,minority ,business ,development ,center ,program,sec4 #dbca4 ,purpose4,sec4 #dbcb4 ,definitions4,sec4 #dbcc4 ,establishment4,sec4 #dbcd4 ,cooperative agreements4,sec4 #dbce4 ,minimizing disruptions to existing ,business ,centers program4,sec4 #dbcf4 ,publicity4,sec4 #dbcg4 ,authorization of appropriations4,chapter #c--,new initiatives ,to promote economic resiliency for minority businesses,sec4 #dbda4 ,annual diverse business forum on capital formation4,sec4 #dbdb4 ,agency study on alternative financing solutions4,sec4 #dbdc4 ,educational development relating to management and entrepreneurship4,chapter #d--;,administrative and other powers of the ,agency2 miscellaneous provisions,sec4 #dbea4 ,administrative powers4,sec4 #dbeb4 ,financial assistance4,sec4 #dbec4 ,audits4,sec4 #dbed4 ,review and report by ,comptroller ,general4,sec4 #dbee4 ,annual reports2 recommendations4,sec4 #dbef4 ,separability4,sec4 #dbeg4 ,executive ,order #aafbe4,sec4 #dbeh4 ,amendment to the ,federal ,acquisition ,streamlining ,act of #aiid4,subtitle ,c--,,prime program,sec4 #dcja4 ,funding for ,,prime program4,subtitle ,d--,providing real opportunities for growth to rising entrepreneurs for sustained success,sec4 #ddja4 ,angel ,investor ,tax ,credit4,sec4 #ddjb4 ,first ,employee ,business ,wage ,credit4,subtitle ,e--,community development investment,sec4 #deja4 ,short title4,sec4 #dejb4 ,purpose4,sec4 #dejc4 ,considerations2 requirements for creditors4,sec4 #dejd4 ,sense of ,congress4,sec4 #deje4 ,neighborhood ,capital ,investment ,program4,sec4 #dejf4 ,emergency support for ,c,d,f,is and communities4,sec4 #dejg4 ,ensuring diversity in community banking4,sec4 #dejh4 ,establishment of ,financial ,agent ,partnership ,program4,sec4 #deji4 ,strengthening minority lending institutions4,sec4 #deaj4 ,,cdfi ,bond ,guarantee ,reform4,sec4 #deaa4 ,reports4,sec4 #deab4 ,inspector ,general oversight4,sec4 #deac4 ,study and report with respect to impact of programs on low- and moderate-income and minority communities4,,title ,v--,downpayment on building #bast century infrastructure,sec4 #ejja4 ,findings4,subtitle ,a--,high-,speed internet,sec4 #eaja4 ,definitions4,chapter #a--;,broadband ,connectivity ,fund,sec4 #eaaa4 ,definitions4,sec4 #eaab4 ,additional broadband benefit4,sec4 #eaac4 ,grants to ,states to strengthen ,national ,lifeline ,eligibility ,verifier4,sec4 #eaad4 ,federal coordination between ,lifeline and ,,snap verification4,chapter #b--,tribal broadband,sec4 #eaba4 ,definitions4,sec4 #eabb4 ,tribal ,broadband ,fund4,sec4 #eabc4 ,interagency coordination program4,sec4 #eabd4 ,broadband for ,tribal libraries and consortiums4,sec4 #eabe4 ,tribal set-aside4,sec4 #eabf4 ,universal service on ,tribal land4,sec4 #eabg4 ,tribal broadband factor4,sec4 #eabh4 ,pilot program for ,tribal grant of rights-of-way for broadband facilities4,chapter #c--;,connected devices,sec4 #eaca4 ,e-,rate support for ,wi-,fi hotspots1 other equipment1 and connected devices4,chapter #d--;,digital equity,sec4 #eada4 ,short title4,sec4 #eadb4 ,definitions4,sec4 #eadc4 ,sense of ,congress4,sec4 #eadd4 ,state ,digital ,equity ,capacity ,grant ,program4,sec4 #eade4 ,digital ,equity ,competitive ,grant ,program4,sec4 #eadf4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination4,sec4 #eadg4 ,general provisions4,subtitle ,b--,affordable housing and community investments and restoring fair housing protections,sec4 #ebja4 ,affordable housing and community investments and restoring fair housing protections4,subtitle ,c--,school1 library1 and institution infrastructure,chapter #a--,school infrastructure ,sec4 #ecja4 ,definitions4,sec4 #ecjb4 ,development of data standards4,sec4 #ecjc4 ,grants for the long-term improvement of public school facilities4,sec4 #ecjd4 ,uses of funds4,sec4 #ecje4 ,rule of construction4,sec4 #ecjf4 ,green practices4,sec4 #ecjg4 ,use of ,american iron1 steel1 and manufactured products4,sec4 #ecjh4 ,annual report on grant program4,sec4 #ecji4 ,appropriations4,sec4 #ecaj4 ,appropriations for impact aid construction4,chapter #b--,library infrastructure,sec4 #ecba4 ,definitions4,sec4 #ecbb4 ,build ,america's ,libraries ,fund4,sec4 #ecbc4 ,allocation to ,states4,sec4 #ecbd4 ,need-based grants to libraries4,sec4 #ecbe4 ,administration and oversight4,sec4 #ecbf4 ,appropriation of funds4,chapter #c--;,,hbcu1 ,,tcu1 and other minority-,serving institution infrastructure,sec4 #ecca4 ,cancellation of debt under ,,hbcu capital financing program4,sec4 #eccb4 ,additional appropriations for the ,,hbcu historic preservation program4,sec4 #eccc4 ,funding for construction of new facilities at ,t,c,us4,sec4 #eccd4 ,additional appropriations for ,h,b,c,us1 ,t,c,us1 and minority-serving institutions4,sec4 #ecce4 ,study and report on the physical condition of ,h,b,c,us and ,t,c,us4,subtitle ,d--,environmental ,justice,chapter #a--;,drinking water and clean water programs,sec4 #edja4 ,sewer overflow and stormwater reuse municipal grants4,sec4 #edjb4 ,clean water infrastructure resiliency and sustainability program4,sec4 #edjc4 ,grants for construction1 refurbishing1 and servicing of individual household decentralized wastewater systems for individuals with low or moderate income4,sec4 #edjd4 ,connection to publicly owned treatment works4,sec4 #edje4 ,water pollution control revolving loan fund capitalization grants4,sec4 #edjf4 ,water pollution control revolving loan funds4,sec4 #edjg4 ,authorization of appropriations for water pollution control ,state revolving funds4,sec4 #edjh4 ,brownfields funding4,sec4 #edji4 ,technical assistance and grants for emergencies affecting public water systems4,sec4 #edaj4 ,grants for ,state programs4,sec4 #edaa4 ,drinking water ,state revolving loan funds4,sec4 #edab4 ,source water petition program4,sec4 #edac4 ,assistance for small and disadvantaged communities4,sec4 #edad4 ,reducing lead in drinking water4,sec4 #edae4 ,operational sustainability of small public water systems4,sec4 #edaf4 ,drinking water system infrastructure resilience and sustainability program4,sec4 #edag4 ,needs assessment for nationwide rural and urban low-income community water assistance4,sec4 #edah4 ,lead contamination in school drinking water4,sec4 #edai4 ,indian reservation drinking water program4,sec4 #edbj4 ,water infrastructure and workforce investment4,sec4 #edba4 ,small and disadvantaged community analysis4,sec4 #edbb4 ,mapping and screening tool4,sec4 #edbc4 ,emergency household water and wastewater assistance program4,sec4 #edbd4 ,requirement4,chapter #b--;,clean air programs,sec4 #edca4 ,wood heaters emissions reduction4,sec4 #edcb4 ,diesel emissions reduction program4,sec4 #edcc4 ,protection of the ,mercury and ,air ,toxics ,standards4,sec4 #edcd4 ,net zero emissions at port facilities program4,chapter #c--;,healthy transportation,sec4 #edda4 ,restoring neighborhoods and strengthening communities program4,sec4 #eddb4 ,safer ,healthier ,streets program4,chapter #d--,outdoor ,recreation ,legacy ,partnership ,program,sec4 #edea4 ,definitions4,sec4 #edeb4 ,grants authorized4,sec4 #edec4 ,eligible uses4,sec4 #eded4 ,national ,park ,service requirements4,sec4 #edee4 ,reporting4,sec4 #edef4 ,revenue sharing4,subtitle ,e--,labor and wage protections,sec4 #eeja4 ,labor standards4,sec4 #eejb4 ,wage rate4,sec4 #eejc4 ,infrastructure workforce equity capacity building program4,sec4 #eejd4 ,severability4,,title ,,vi--,new homebuyers down payment tax credit,sec4 #fjja4 ,down payment tax credit for first-time homebuyers4,,title ,,vii--,renters and low-income housing tax credits,sec4 #gjja4 ,renters credit4,sec4 #gjjb4 ,minimum credit rate4,,title ,,viii--,expanding ,medicaid ,coverage,sec4 #hjja4 ,increased ,,fmap for medical assistance to newly eligible individuals4,,title ,,ix--,addressing maternal mortality and health,sec4 #ijja4 ,expanding ,medicaid coverage for pregnant individuals4,sec4 #ijjb4 ,community engagement in maternal mortality review committees4,sec4 #ijjc4 ,increased maternal levels of care in communities of color4,sec4 #ijjd4 ,reporting on pregnancy-related and pregnancy-associated deaths and complications4,sec4 #ijje4 ,respectful maternity care compliance program4,sec4 #ijjf4 ,bias training for all employees in maternity care settings4,sec4 #ijjg4 ,study on reducing and preventing bias1 racism1 and discrimination in maternity care settings4,sec4 #ijjh4 ,maternal ,health ,research ,network4,sec4 #ijji4 ,innovation in maternity care to close racial and ethnic maternal health disparities in mental health and substance use disorder treatment grants4,sec4 #ijaj4 ,grants to grow and diversify the perinatal workforce4,sec4 #ijaa4 ,grants to grow and diversify the doula workforce4,sec4 #ijab4 ,grants to ,state1 local1 and tribal public health departments addressing social determinants of health for pregnant and postpartum women4,,title ,x--#aj-bj-cj anti-poverty initiative and hiring and contracting opportunities,subtitle ,a--#aj-bj-cj anti-,poverty initiative,sec4 #ajaja4 ,definitions4,sec4 #ajajb4 #aj-bj-cj formula for persistent poverty counties4,sec4 #ajajc4 ,targeting high-poverty census tracts4,sec4 #ajajd4 ,failure to target funds4,sec4 #ajaje4 ,report to ,congress4,subtitle ,b--,hiring opportunities,sec4 #ajbaa4 ,local hiring initiative for construction jobs4,,title ,,xi--,raising the minimum wage and strengthening overtime rights,subtitle ,a--,raise the ,wage ,act,sec4 #aaaaa4 ,short title4,sec4 #aaaab4 ,minimum wage increases4,sec4 #aaaac4 ,tipped employees4,sec4 #aaaad4 ,newly hired employees who are less than #bj years old4,sec4 #aaaae4 ,publication of notice4,sec4 #aaaaf4 ,promoting economic self-sufficiency for individuals with disabilities4,sec4 #aaaag4 ,general effective date4,subtitle ,b--,restoring ,overtime ,pay ,act ,sec4 #aaaba4 ,short title4,sec4 #aaabb4 ,minimum salary threshold for bona fide executive1 administrative1 and professional employees exempt from ,federal overtime compensation requirements4 #c4 ,emergency designation 7a7 ,in general ,the amounts provided by this ,act are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7b7 ,designation in senate ,in the ,senate1 this ,act is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 ,i ,child care is essential program #ajja4 ,child care is essential program 7a7 ,definitions ,in this section1 the terms eligible child care provider1 ,indian tribe1 lead agency1 tribal organization1 ,secretary1 and ,state have the meanings given the terms in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7 except as otherwise provided in this section4 7b7 ,grants ,from funds appropriated to carry out this section and under the authority of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm7 and this section1 the ,secretary shall establish a ,child ,care ,stabilization ,fund grants program1 through which the ,secretary shall award child care stabilization grants to the lead agency of each ,state 7as defined in that section #feh,o71 territory described in subsection 7a77#a7 of such section1 ,indian tribe1 and tribal organization from allotments and payments made under subsection 7c77#b71 not later than #cj days after the date of enactment of this ,act4 7c7 ,secretarial reservation and allotments 7#a7 ,reservation ,the ,secretary shall reserve not more than #a percent of the funds appropriated to carry out this section for the ,federal administration of grants described in subsection 7b74 ,amounts reserved by the ,secretary for such administration shall remain available through fiscal year #bjbd4 7#b7 ,allotments ,the ,secretary shall use the remainder of the funds appropriated to carry out this section to award allotments to ,states1 as defined in section #feh,o of the ,child ,care ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm71 and payments to territories1 ,indian tribes1 and tribal organizations in accordance with paragraphs 7#a7 and 7#b7 of subsection 7a71 and subsection 7b71 of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm74 7d7 ,state reservations and subgrants 7#a7 ,reservation ,a lead agency for a ,state that receives a child care stabilization grant pursuant to subsection 7b7 shall reserve not more than #aj percent of such grant funds-- 7,a7 to administer subgrants made to qualified child care providers under paragraph 7#b71 including to carry out data systems building and other activities that enable the disbursement of payments of such subgrants2 7,b7 to provide technical assistance and support in applying for and accessing the subgrant opportunity under paragraph 7#b71 to eligible child care providers 7including to family child care providers1 group home child care providers1 and other non-center-based child care providers1 providers in rural areas1 and providers with limited administrative capacity71 either directly or through resource and referral agencies or staffed family child care networks2 7,c7 to publicize the availability of subgrants under this section and conduct widespread outreach to eligible child care providers1 including family child care providers1 group home child care providers1 and other non-center-based child care providers1 providers in rural areas1 and providers with limited administrative capacity1 either directly or through resource and referral agencies or staffed family child care networks1 to ensure eligible child care providers are aware of the subgrants available under this section2 7,d7 to carry out the reporting requirements described in subsection 7f72 and 7,e7 to carry out activities to improve the supply and quality of child care during and after the qualifying emergency1 such as conducting community needs assessments1 carrying out child care cost modeling1 making improvements to child care facilities1 increasing access to licensure or participation in the ,state's tiered quality rating system1 and carrying out other activities described in section #feh;,g7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;e7b771 to the extent that the lead agency can carry out activities described in this subparagraph without preventing the lead agency from fully conducting the activities described in subparagraphs 7,a7 through 7,d74 7#b7 ,subgrants to qualified child care providers 7,a7 ,in general ,the lead agency shall use the remainder of the grant funds awarded pursuant to subsection 7b7 to make subgrants to qualified child care providers described in subparagraph 7,b71 to support the stability of the child care sector during and after the qualifying emergency and to ensure the maintenance of a delivery system of child care services throughout the ,state that provides for child care in a variety of settings1 including the settings of family child care providers1 and for a variety of ages1 including care for infants and toddlers4 ,the lead agency shall provide the subgrant funds in advance of provider expenditures for costs described in subsection 7e71 except as provided in subsection 7e77#b74 7,b7 ,qualified child care provider ,to be qualified to receive a subgrant under this paragraph1 a provider shall be an eligible child care provider that-- 7i7 was providing child care services on or before ,march #a1 #bjbj2 and 7ii7 on the date of submission of an application for the subgrant1 was either-- 7,i7 open and available to provide child care services2 or 7,,ii7 closed due to the qualifying emergency4 7,c7 ,subgrant amount ,the lead agency shall make subgrants1 from amounts awarded pursuant to subsection 7b71 to qualified child care providers1 and the amount of such a subgrant to such a provider shall-- 7i7 7,i7 be based on the provider's stated average operating expenses during the period 7of not longer than #f months7 before ,march #a1 #bjbj1 or1 for a provider that operates seasonally1 during a period 7of not longer than #f months7 before the provider's last day of operation2 and 7,,ii7 at minimum cover such operating expenses for the intended length of the subgrant2 7ii7 account for increased costs of providing or preparing to provide child care as a result of the qualifying emergency1 such as provider and employee compensation and existing benefits 7existing as of ,march #a1 #bjbj7 and the implementation of new practices related to sanitization1 group size limits1 and social distancing2 7iii7 be adjusted for payments or reimbursements made to an eligible child care provider to carry out the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 or the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 if the period of such payments or reimbursements overlaps with the period of the subgrant2 and 7iv7 be adjusted for payments or reimbursements made to an eligible child care provider through the ,paycheck ,protection ,program set forth in section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf771 as added by section #aajb of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 if the period of such payments or reimbursements overlaps with the period of the subgrant4 7,d7 ,application 7i7 ,eligibility ,to be eligible to receive a subgrant under this paragraph1 a child care provider shall submit an application to a lead agency at such time and in such manner as the lead agency may require4 ,such application shall include-- 7,i7 a good-faith certification that the ongoing operations of the child care provider have been impacted as a result of the qualifying emergency2 7,,ii7 for a provider described in subparagraph 7,b77ii77,i71 an assurance that1 for the period of the subgrant-- 7aa7 the provider will give priority for available slots 7including slots that are only temporarily available7 to-- 7,,aa7 children of essential workers 7such as health care sector employees1 emergency responders1 sanitation workers1 farmworkers1 child care employees1 and other workers determined to be essential during the response to ,,covid-#ai by public officials71 children of workers whose places of employment require their attendance1 children experiencing homelessness1 children with disabilities1 children at risk of child abuse or neglect1 and children in foster care1 in ,states1 tribal communities1 or localities where stay-at-home or related orders are in effect2 or 7,,bb7 children of workers whose places of employment require their attendance1 children experiencing homelessness1 children with disabilities1 children at risk of child abuse or neglect1 children in foster care1 and children whose parents are in school or a training program1 in ,states1 tribal communities1 or localities where stay-at-home or related orders are not in effect2 7bb7 the provider will implement policies in line with guidance from the ,centers for ,disease ,control and ,prevention and the ,state1 tribal1 and local health authorities1 and in accordance with ,state1 tribal1 and local orders1 for child care providers that remain open1 including guidance on sanitization practices1 group size limits1 and social distancing2 7cc7 for each employee1 the provider will pay the full compensation described in subsection 7e77#a77;,c71 including any benefits1 that was provided to the employee as of ,march #a1 #bjbj 7referred to in this clause as full compensation71 and will not take any action that reduces the weekly amount of the employee's compensation below the weekly amount of full compensation1 or that reduces the employee's rate of compensation below the rate of full compensation2 and 7dd7 the provider will provide relief from copayments and tuition payments for the families enrolled in the provider's program and prioritize such relief for families struggling to make either type of payment2 7,,iii7 for a provider described in subparagraph 7,b77ii77,,ii71 an assurance that-- 7aa7 for the duration of the provider's closure due to the qualifying emergency1 for each employee1 the provider will pay full compensation1 and will not take any action that reduces the weekly amount of the employee's compensation below the weekly amount of full compensation1 or that reduces the employee's rate of compensation below the rate of full compensation2 7bb7 children enrolled as of ,march #a1 #bjbj1 will maintain their slots1 unless their families choose to disenroll the children2 7cc7 for the duration of the provider's closure due to the qualifying emergency1 the provider will provide relief from copayments and tuition payments for the families enrolled in the provider's program and prioritize such relief for families struggling to make either type of payment2 and 7dd7 the provider will resume operations when the provider is able to safely implement policies in line with guidance from the ,centers for ,disease ,control and ,prevention and the ,state1 tribal1 and local health authorities1 and in accordance with ,state1 tribal1 and local orders2 7,,iv7 information about the child care provider's-- 7aa7 program characteristics sufficient to allow the lead agency to establish the child care provider's priority status1 as described in subparagraph 7,f72 7bb7 program operational status on the date of submission of the application2 7cc7 type of program1 including whether the program is a center-based child care1 family child care1 group home child care1 or other non-center-based child care type program2 7dd7 total enrollment on the date of submission of the application and total capacity as allowed by the ,state and tribal and local authorities2 and 7ee7 receipt of assistance1 and amount of assistance1 through a payment or reimbursement described in subparagraph 7,c77iv71 and the time period for which the assistance was made2 7,v7 information necessary to determine the amount of the subgrant1 such as information about the provider's stated average operating expenses over the appropriate period described in subparagraph 7,c77i72 and 7,,vi7 such other limited information as the lead agency shall determine to be necessary to make subgrants to qualified child care providers4 7ii7 ,frequency ,the lead agency shall accept and process applications submitted under this subparagraph on a rolling basis4 7iii7 ,updates ,the lead agency shall-- 7,i7 at least once a month1 verify by obtaining a self-attestation from each qualified child care provider that received such a subgrant from the agency1 whether the provider is open and available to provide child care services or is closed due to the qualifying emergency2 7,,ii7 allow the qualified child care provider to update the information provided in a prior application2 and 7,,iii7 adjust the qualified child care provider's subgrant award as necessary1 based on changes to the application information1 including changes to the provider's operational status4 7iv7 ,existing applications ,if a lead agency has established and implemented a grant program for child care providers that is in effect on the date of enactment of this ,act1 and an eligible child care provider has already submitted an application for such a grant to the lead agency containing the information specified in clause 7i71 the lead agency shall treat that application as an application submitted under this subparagraph4 ,if an eligible child care provider has already submitted such an application containing part of the information specified in clause 7i71 the provider may submit to the lead agency an abbreviated application that contains the remaining information1 and the lead agency shall treat the #b applications as an application submitted under this subparagraph4 7,e7 ,materials 7i7 ,in general ,the lead agency shall provide the materials and other resources related to such subgrants1 including a notification of subgrant opportunities and application materials1 to qualified child care providers in the most commonly spoken languages in the ,state4 7ii7 ,application ,the application shall be accessible on the website of the lead agency within #cj days after the lead agency receives grant funds awarded pursuant to subsection 7b7 and shall be accessible to all eligible child care providers1 including family child care providers1 group home child care providers1 and other non-center-based child care providers1 providers in rural areas1 and providers with limited administrative capacity4 7,f7 ,priority ,in making subgrants under this section1 the lead agency shall give priority to qualified child care providers that1 prior to or on ,march #a1 #bjbj-- 7i7 provided child care during nontraditional hours2 7ii7 served dual language learners1 children with disabilities1 children experiencing homelessness1 children in foster care1 children from low-income families1 or infants and toddlers2 7iii7 served a high proportion of children whose families received subsidies under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 for the child care2 or 7iv7 operated in localities1 including rural localities1 with a low supply of child care4 7,g7 ,providers receiving other assistance ,the lead agency1 in determining whether a provider is a qualified child care provider1 shall not take into consideration receipt of a payment or reimbursement described in clause 7iii7 or 7iv7 of subparagraph 7,c74 7,h7 ,awards ,the lead agency shall equitably make subgrants under this paragraph to center-based child care providers1 family child care providers1 group home child care providers1 and other non-center-based child care providers1 such that qualified child care providers are able to access the subgrant opportunity under this paragraph regardless of the providers' setting1 size1 or administrative capacity4 7,i7 ,obligation ,the lead agency shall obligate at least #ej percent of funds available to carry out this section for subgrants described in this paragraph not later than #f months after the date of enactment of this ,act4 7e7 ,uses of funds 7#a7 ,in general ,a qualified child care provider that receives funds through such a subgrant may use the funds for the costs of-- 7,a7 payroll2 7,b7 employee benefits1 including group health plan benefits during periods of paid sick1 medical1 or family leave1 and insurance premiums2 7,c7 employee salaries or similar compensation1 including any income or other compensation to a sole proprietor or independent contractor that is a wage1 commission1 income1 net earnings from self-employment1 or similar compensation2 7,d7 employee recruitment and retention2 7,e7 payment on any mortgage obligation2 7,f7 rent 7including rent under a lease agreement72 7,g7 utilities and facilities maintenance2 7,h7 insurance2 7,i7 providing premium pay for child care providers and other employees who provide services during the qualifying emergency2 7,j7 sanitization and other costs associated with cleaning2 7,k7 personal protective equipment and other equipment necessary to carry out the functions of the child care provider2 7,l7 training and professional development related to health and safety practices1 including the proper implementation of policies in line with guidance from the ,centers for ,disease ,control and ,prevention and the ,state1 tribal1 and local health authorities1 and in accordance with ,state1 tribal1 and local orders2 7,m7 purchasing or updating equipment and supplies to serve children during nontraditional hours2 7,n7 modifications to child care services as a result of the qualifying emergency1 such as limiting group sizes1 adjusting staff-to-child ratios1 and implementing other heightened health and safety measures2 7,o7 mental health services and supports for children and employees2 and 7,p7 other goods and services necessary to maintain or resume operation of the child care program1 or to maintain the viability of the child care provider as a going concern during and after the qualifying emergency4 7#b7 ,reimbursement ,the qualified child care provider may use the subgrant funds to reimburse the provider for sums obligated or expended before the date of enactment of this ,act for the cost of a good or service described in paragraph 7#a7 to respond to the qualifying emergency4 7f7 ,reporting 7#a7 ,initial report ,a lead agency receiving a grant under this section shall1 within #fj days after making the agency's first subgrant under subsection 7d77#b7 to a qualified child care provider1 submit a report to the ,secretary that includes-- 7,a7 data on qualified child care providers that applied for subgrants and qualified child care providers that received such subgrants1 including-- 7i7 the number of such applicants and the number of such recipients2 7ii7 the number and proportion of such applicants and recipients that received priority and the characteristic or characteristics of such applicants and recipients associated with the priority2 7iii7 the number and proportion of such applicants and recipients that are-- 7,i7 center-based child care providers2 7,,ii7 family child care providers2 7,,iii7 group home child care providers2 or 7,,iv7 other non-center-based child care providers2 and 7iv7 within each of the groups listed in clause 7iii71 the number of such applicants and recipients that are1 on the date of submission of the application-- 7,i7 open and available to provide child care services2 or 7,,ii7 closed due to the qualifying emergency2 7,b7 the total capacity of child care providers that are licensed1 regulated1 or registered in the ,state on the date of the submission of the report2 7,c7 a description of-- 7i7 the efforts of the lead agency to publicize the availability of subgrants under this section and conduct widespread outreach to eligible child care providers about such subgrants1 including efforts to make materials available in languages other than ,english2 7ii7 the lead agency's methodology for determining amounts of subgrants under subsection 7d77#b72 7iii7 the lead agency's timeline for disbursing the subgrant funds2 and 7iv7 the lead agency's plan for ensuring that qualified child care providers that receive funding through such a subgrant comply with assurances described in subsection 7d77#b77;,d7 and use funds in compliance with subsection 7e72 and 7,d7 such other limited information as the ,secretary may require4 7#b7 ,quarterly report ,the lead agency shall1 following the submission of such initial report1 submit to the ,secretary a report that contains the information described in subparagraphs 7,a71 7,b71 and 7,d7 of paragraph 7#a7 once a quarter until all funds allotted for activities authorized under this section are expended4 7#c7 ,final report ,not later than #fj days after a lead agency receiving a grant under this section has obligated all of the grant funds 7including funds received under subsection 7h771 the lead agency shall submit a report to the ,secretary1 in such manner as the ,secretary may require1 that includes-- 7,a7 the total number of eligible child care providers who were providing child care services on or before ,march #a1 #bjbj1 in the ,state and the number of such providers that submitted an application under subsection 7d77#b77;,d72 7,b7 the number of qualified child care providers in the ,state that received funds through the grant2 7,c7 the lead agency's methodology for determining amounts of subgrants under subsection 7d77#b72 7,d7 the average and range of the subgrant amounts by provider type 7center-based child care1 family child care1 group home child care1 or other non-center-based child care provider72 7,e7 the percentages1 of the child care providers that received such a subgrant1 that1 on or before ,march #a1 #bjbj-- 7i7 provided child care during nontraditional hours2 7ii7 served dual language learners1 children with disabilities1 children experiencing homelessness1 children in foster care1 children from low-income families1 or infants and toddlers2 7iii7 served a high percentage of children whose families received subsidies under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 for the child care2 and 7iv7 operated in localities1 including rural localities1 with a low supply of child care2 7,f7 the number of children served by the child care providers that received such a subgrant1 for the duration of the subgrant2 7,g7 the percentages1 of the child care providers that received such a subgrant1 that are-- 7i7 center-based child care providers2 7ii7 family child care providers2 7iii7 group home child care providers2 or 7iv7 other non-center-based child care providers2 7,h7 the percentages1 of the child care providers listed in subparagraph 7,g7 that are1 on the date of submission of the application-- 7i7 open and available to provide child care services2 or 7ii7 closed due to the qualifying emergency2 7,i7 information about how child care providers used the funds received under such a subgrant2 7,j7 information about how the lead agency used funds reserved under subsection 7d77#a72 and 7,k7 information about how the subgrants helped to stabilize the child care sector4 7#d7 ,reports to congress 7,a7 ,findings from initial reports ,not later than #fj days after receiving all reports required to be submitted under paragraph 7#a71 the ,secretary shall provide a report to the ,committee on ,education and ,labor and the ,committee on ,appropriations of the ,house of ,representatives and to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,appropriations of the ,senate1 summarizing the findings from the reports received under paragraph 7#a74 7,b7 ,findings from final reports ,not later than #cf months after the date of enactment of this ,act1 the ,secretary shall provide a report to the ,committee on ,education and ,labor and the ,committee on ,appropriations of the ,house of ,representatives and to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,appropriations of the ,senate1 summarizing the findings from the reports received under paragraph 7#c74 7g7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to provide child care services for eligible individuals1 including funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 and ,state child care programs4 7h7 ,reallotment of unobligated funds 7#a7 ,unobligated funds ,a ,state1 ,indian tribe1 or tribal organization that anticipates being unable to obligate all grant funds received under this section by ,september #cj1 #bjbb1 shall notify the ,secretary1 at least #fj days prior to such date1 of the amount of funds the entity anticipates being unable to obligate by such date4 ,a ,state1 ,indian tribe1 or tribal organization shall return to the ,secretary any grant funds received under this section that the ,state1 ,indian tribe1 or tribal organization does not obligate by ,september #cj1 #bjbb4 7#b7 ,reallotment ,the ,secretary shall award new allotments and payments1 in accordance with subsection 7c77#b71 to covered ,states1 ,indian tribes1 or tribal organizations from funds that are returned under paragraph 7#a7 within #fj days of receiving such funds4 ,funds made available through the new allotments and payments shall remain available to each such covered ,state1 ,indian tribe1 or tribal organization until ,september #cj1 #bjbc4 7#c7 ,covered state1 indian tribe1 or tribal organization ,for purposes of paragraph 7#b71 a covered ,state1 ,indian tribe1 or tribal organization is a ,state1 ,indian tribe1 or tribal organization that received an allotment or payment under this section and was not required to return grant funds under paragraph 7#a74 7i7 ,exceptions ,the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq471 excluding requirements in subparagraphs 7,c7 through 7,e7 of section #feh;,e7c77#c71 section #feh;,g1 and section #feh;,j7c7 of such ,act 7#db ,u4,s4,c4 #iheh;c7c77#c71 #iheh;e1 #iheh;h7c771 shall apply to child care services provided under this section to the extent the application of such ,act does not conflict with the provisions of this section4 ,nothing in this section shall be construed to require a ,state1 ,indian tribe1 or tribal organization to submit an application1 other than the application described in section #feh;,e or #feh,o7c7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c1 #ihehm7c771 to receive a grant under this section4 7j7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated1 and there is appropriated1 out of any money in the ,treasury not already appropriated1 to carry out this section #ej1jjj1jjj1jjj for fiscal year #bjbj1 to remain available until expended4 7#b7 ,application ,in carrying out the ,child ,care and ,development ,block ,grant ,act of #aiij with funds other than the funds appropriated under paragraph 7#a71 the ,secretary shall calculate the amounts of appropriated funds described in subsections 7a7 and 7b7 of section #feh,o of such ,act 7#db ,u4,s4,c4 #ihehm7 by excluding funds appropriated under paragraph 7#a74 ,,ii ,expanding and improving access to community health care ,a ,support for health centers1 hospitals1 and other health care facilities #baja4 ,primary health care ,in addition to amounts otherwise made available for such purposes1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,secretary of ,health and ,human ,services1 #g1fjj1jjj1jjj1 for grants and cooperative agreements under section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b71 and for grants to ,federally qualified health centers 7as defined in section #ahfa7;aa77#d77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa777 and for eligible entities under the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagja et seq474 ,amounts appropriated under this paragraph shall remain available until expended4 ,subsections 7r77#b77;,b71 7e77#f77;,a77iii71 and 7e77#f77;,b77iii7 of section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed7 shall not apply to funds provided under this paragraph4 #bajb4 ,additional community health center funding ,section #ajejc of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #bed;b-#b7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,additional enhanced funding2 capital projects ,there are hereby appropriated1 out of any monies in the ,treasury not otherwise appropriated1 to the ,,chc ,fund1 to be transferred to the ,secretary of ,health and ,human ,services for capital projects of the community health center program under section #ccj of the ,public ,health ,service ,act1 #b1jjj1jjj1jjj1 to remain available until expended4 4 #bajc4 ,teaching health centers that operate graduate medical education program ,for purposes of carrying out the teaching health centers that operate graduate medical education program under section #cdj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h71 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until expended4 #bajd4 ,hospital infrastructure ,section #afaj7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjr7a77 is amended by striking paragraph 7#c7 and inserting the following paragraphs3 7#c7 ,priority ,in awarding grants under this subsection1 the ,secretary shall give priority to applicants whose projects will include1 by design1 cybersecurity against cyber threats4 7#d7 ,american iron and steel products 7,a7 ,in general ,as a condition on receipt of a grant under this section for a project1 an entity shall ensure that all of the iron and steel products used in the project are produced in the ,united ,states4 7,b7 ,application ,subparagraph 7,a7 shall be waived in any case or category of cases in which the ,secretary finds that-- 7i7 applying subparagraph 7,a7 would be inconsistent with the public interest2 7ii7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7iii7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7,c7 ,waiver ,if the ,secretary receives a request for a waiver under this paragraph1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public internet site of the ,department of ,health and ,human ,services4 7,d7 ,international agreements ,this paragraph shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7,e7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this section for management and oversight of the requirements of this paragraph4 7,f7 ,effective date ,this paragraph does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this paragraph4 7#e7 ,funding ,to carry out this subsection1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #gej1jjj1jjj1 to remain available until expended4 4 #baje4 #bast century ,indian health program hospitals and outpatient health care facilities ,the ,indian ,health ,care ,improvement ,act is amended by inserting after section #cja of such ,act 7#be ,u4,s4,c4 #afca7 the following3 #cja;,a4 ,additional funding for planning1 design1 construction1 modernization1 and renovation of hospitals and outpatient health care facilities 7a7 ,additional funding ,for the purpose described in subsection 7b71 in addition to any other funds available for such purpose1 there are hereby appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until expended4 7b7 ,purpose ,the purpose described in this subsection is the planning1 design1 construction1 modernization1 and renovation of hospitals and outpatient health care facilities that are funded1 in whole or part1 by the ,service through1 or provided for in1 a contract or compact with the ,service under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 4 #bajf4 ,pilot program to improve community-based care infrastructure 7a7 ,in general ,the ,secretary of ,health and ,human ,services may award grants to qualified teaching health centers 7as defined in section #cdj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h77 and behavioral health care centers 7as defined by the ,secretary1 to include both substance abuse and mental health care facilities7 to support the improvement1 renovation1 or modernization of infrastructure at such centers4 7b7 ,funding ,to carry out this section1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until expended4 #bajg4 ,school-based health centers 7a7 ,elimination of limitation on eligibility of health centers 7#a7 ,repeal ,section #cii,z-#a7;f77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;h-#e7;f77#c77 is amended by striking subparagraph 7,b74 7#b7 ,conforming change ,section #cii,z-#a7;f77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;h-#e7;f77#c77 is amended by striking ,limitations and all that follows through ,any provider of services and inserting ,limitation4--,any provider of services4 7b7 ,authorization of appropriations ,section #cii,z-#a7l7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;h-#e7l77 is amended to read as follows3 7l7 ,funding ,for purposes of carrying out this section1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #gj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 4 ,b ,support for health care workforce training #bbja4 ,grants for schools of medicine and schools of osteopathic medicine in underserved areas ,subpart ,,ii of part ,c of title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bicm et seq47 is amended by adding at the end the following3 #gdi;,c4 ,grants for schools of medicine and schools of osteopathic medicine in underserved areas 7a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 may award grants to institutions of higher education 7including consortiums of such institutions7 for the establishment1 improvement1 or expansion of a school of medicine or osteopathic medicine1 or a branch campus of a school of medicine or osteopathic medicine4 7b7 ,priority ,in selecting grant recipients under this section1 the ,secretary shall give priority to any institution of higher education 7or consortium of such institutions7 that-- 7#a7 proposes to use the grant for the establishment of a school of medicine or osteopathic medicine1 or a branch campus of a school of medicine or osteopathic medicine1 in an area-- 7,a7 in which no other such school is based2 and 7,b7 that is a medically underserved community or a health professional shortage area2 or 7#b7 is a minority-serving institution described in section #cga7;a7 of the ,higher ,education ,act of #aife4 7c7 ,considerations ,in awarding grants under this section1 the ,secretary1 to the extent practicable1 may ensure equitable distribution of awards among the geographical regions of the ,united ,states4 7d7 ,use of funds ,an institution of higher education 7or a consortium of such institutions7-- 7#a7 shall use grant amounts received under this section to-- 7,a7 recruit1 enroll1 and retain students1 including individuals who are from disadvantaged backgrounds 7including racial and ethnic groups underrepresented among medical students and health professions71 individuals from rural and underserved areas1 low-income individuals1 and first generation college students1 at a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine2 and 7,b7 develop1 implement1 and expand curriculum that emphasizes care for rural and underserved populations1 including accessible and culturally and linguistically appropriate care and services1 at such school or branch campus2 and 7#b7 may use grant amounts received under this section to-- 7,a7 plan and construct-- 7i7 a school of medicine or osteopathic medicine in an area in which no other such school is based2 or 7ii7 a branch campus of a school of medicine or osteopathic medicine in an area in which no other such school is based2 7,b7 plan1 develop1 and meet criteria for accreditation for a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine2 7,c7 hire faculty1 including faculty from racial and ethnic groups who are underrepresented among the medical and other health professions1 and other staff to serve at such a school or branch campus2 7,d7 support educational programs at such a school or branch campus2 7,e7 modernize and expand infrastructure at such a school or branch campus2 and 7,f7 support other activities that the ,secretary determines further the establishment1 improvement1 or expansion of a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine4 7e7 ,application ,to be eligible to receive a grant under subsection 7a71 an institution of higher education 7or a consortium of such institutions71 shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of the institution's or consortium's planned activities described in subsection 7d74 7f7 ,reporting 7#a7 ,reports from entities ,each institution of higher education1 or consortium of such institutions1 awarded a grant under this section shall submit an annual report to the ,secretary on the activities conducted under such grant1 and other information as the ,secretary may require4 7#b7 ,report to ,congress ,not later than #e years after the date of enactment of this section and every #e years thereafter1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that provides a summary of the activities and outcomes associated with grants made under this section4 ,such reports shall include-- 7,a7 a list of awardees1 including their primary geographic location1 and location of any school of medicine or osteopathic medicine1 or a branch campus of school of medicine or osteopathic medicine that was established1 improved1 or expanded under this program2 7,b7 the total number of students 7including the number of students from racial and ethnic groups underrepresented among medical students and health professions1 low-income students1 and first generation college students7 who-- 7i7 are enrolled at or who have graduated from any school of medicine or osteopathic medicine1 or a branch campus of school of medicine or osteopathic medicine1 that was established1 improved1 or expanded under this program1 deidentified and disaggregated by race1 ethnicity1 age1 sex1 geographic region1 disability status1 and other relevant factors1 to the extent such information is available2 and 7ii7 who subsequently participate in an accredited internship or medical residency program upon graduation from any school of medicine or osteopathic medicine1 or a branch campus of a school of medicine or osteopathic medicine1 that was established1 improved1 or expanded under this program1 deidentified and disaggregated by race1 ethnicity1 age1 sex1 geographic region1 disability status1 medical specialty pursued1 and other relevant factors1 to the extent such information is available2 7,c7 the effects of such program on the health care provider workforce1 including any impact on demographic representation disaggregated by race1 ethnicity1 and sex1 and the fields or specialties pursued by students who have graduated from any school of medicine or osteopathic medicine1 or a branch campus of school of medicine or osteopathic medicine1 that was established1 improved1 or expanded under this program2 7,d7 the effects of such program on health care access in underserved areas1 including medically underserved communities and health professional shortage areas2 and 7,e7 recommendations for improving the program described in this section1 and any other considerations as the ,secretary determines appropriate4 7#c7 ,public availability ,the ,secretary shall make reports submitted under paragraph 7#b7 publicly available on the internet website of the ,department of ,health and ,human ,services4 7g7 ,definitions ,in this section3 7#a7 ,branch campus 7,a7 ,in general ,the term branch campus1 with respect to a school of medicine or osteopathic medicine1 means an additional location of such school that is geographically apart and independent of the main campus1 at which the school offers at least #ej percent of the program leading to a degree of doctor of medicine or doctor of osteopathy that is offered at the main campus4 7,b7 ,independence from main campus ,for purposes of subparagraph 7,a71 the location of a school described in such subparagraph shall be considered to be independent of the main campus described in such subparagraph if the location-- 7i7 is permanent in nature2 7ii7 offers courses in educational programs leading to a degree1 certificate1 or other recognized educational credential2 7iii7 has its own faculty and administrative or supervisory organization2 and 7iv7 has its own budgetary and hiring authority4 7#b7 ,first generation college student ,the term first generation college student has the meaning given such term in section #djb;,a7h77#c7 of the ,higher ,education ,act of #aife4 7#c7 ,health professional shortage area ,the term health professional shortage area has the meaning given such term in section #ccb7;a74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife4 7#e7 ,medically underserved community ,the term medically underserved community has the meaning given such term in section #gii;,b7#f74 7h7 ,funding ,to carry out this section1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until expended4 4 #bbjb4 ,support for nursing education and the future nursing workforce 7a7 ,in general ,part ,d of title ,,viii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bifp et seq47 is amended by adding at the end the following3 #hcb4 ,nursing education enhancement and modernization grants in underserved areas 7a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 may award grants to schools of nursing 7as defined in section #hja7 for-- 7#a7 increasing the number of faculty and students at such schools in order to enhance the preparedness of the ,united ,states for1 and the ability of the ,united ,states to address and quickly respond to1 public health emergencies declared under section #cai and pandemics2 or 7#b7 the enhancement and modernization of nursing education programs4 7b7 ,priority ,in selecting grant recipients under this section1 the ,secretary shall give priority to schools of nursing that-- 7#a7 are located in a medically underserved community2 7#b7 are located in a health professional shortage area as defined under section #ccb7;a72 or 7#c7 are institutions of higher education listed under section #cga7;a7 of the ,higher ,education ,act of #aife4 7c7 ,consideration ,in awarding grants under this section1 the ,secretary1 to the extent practicable1 may ensure equitable distribution of awards among the geographic regions of the ,united ,states4 7d7 ,use of funds ,a school of nursing that receives a grant under this section may use the funds awarded through such grant for activities that include-- 7#a7 enhancing enrollment and retention of students at such school1 with a priority for students from disadvantaged backgrounds 7including racial or ethnic groups underrepresented in the nursing workforce71 individuals from rural and underserved areas1 low-income individuals1 and first generation college students 7as defined in section #djb;,a7h77#c7 of the ,higher ,education ,act of #aife72 7#b7 creating1 supporting1 or modernizing educational programs and curriculum at such school2 7#c7 retaining current faculty1 and hiring new faculty1 with an emphasis on faculty from racial or ethnic groups who are underrepresented in the nursing workforce2 7#d7 modernizing infrastructure at such school1 including audiovisual or other equipment1 personal protective equipment1 simulation and augmented reality resources1 telehealth technologies1 and virtual and physical laboratories2 7#e7 partnering with a health care facility1 nurse-managed health clinic1 community health center1 or other facility that provides health care in order to provide educational opportunities for the purpose of establishing or expanding clinical education2 7#f7 enhancing and expanding nursing programs that prepare nurse researchers and scientists2 7#g7 establishing nurse-led intradisciplinary and interprofessional educational partnerships2 and 7#h7 other activities that the ,secretary determines further the development1 improvement1 and expansion of schools of nursing4 7e7 ,reports from entities ,each school of nursing awarded a grant under this section shall submit an annual report to the ,secretary on the activities conducted under such grant1 and other information as the ,secretary may require4 7f7 ,report to ,congress ,not later than #e years after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that provides a summary of the activities and outcomes associated with grants made under this section4 ,such report shall include-- 7#a7 a list of schools of nursing receiving grants under this section1 including the primary geographic location of any school of nursing that was improved or expanded through such a grant2 7#b7 the total number of students who are enrolled at or who have graduated from any school of nursing that was improved or expanded through a grant under this section1 which such statistic shall-- 7,a7 to the extent such information is available1 be deidentified and disaggregated by race1 ethnicity1 age1 sex1 geographic region1 disability status1 and other relevant factors2 and 7,b7 include an indication of the number of such students who are from racial or ethnic groups underrepresented in the nursing workforce1 such students who are from rural or underserved areas1 such students who are low-income students1 and such students who are first generation college students 7as defined in section #djb;,a7h77#c7 of the ,higher ,education ,act of #aife72 7#c7 to the extent such information is available1 the effects of the grants awarded under this section on retaining and hiring of faculty1 including any increase in diverse faculty1 the number of clinical education partnerships1 the modernization of nursing education infrastructure1 and other ways this section helps address and quickly respond to public health emergencies and pandemics2 7#d7 recommendations for improving the grants awarded under this section2 and 7#e7 any other considerations as the ,secretary determines appropriate4 7g7 ,funding ,to carry out this section1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until expended4 4 7b7 ,strengthening nurse education ,the heading of part ,d of title ,,viii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bifp et seq47 is amended by striking ,basic4 #bbjc4 ,loan ,repayment ,program for substance use disorder treatment workforce ,section #gha of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bie;h7 is amended by adding at the end the following3 7k7 ,additional funding ,in addition to amounts otherwise made available for such purpose1 to carry out this section1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until expended4 4 #bbjd4 ,loan repayment and scholarship programs for the nursing workforce ,section #hdf of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bign7 is amended by adding at the end the following3 7j7 ,additional funding ,in addition to amounts otherwise made available to carry out this section1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #gej1jjj1jjj1 to remain available until expended4 4 #bbje4 ,additional funding for health professions education ,in addition to amounts otherwise made available for such purpose1 to carry out the programs under title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq471 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until expended4 #bbjf4 ,additional funding for nursing workforce development ,in addition to amounts otherwise made available for such purpose1 to carry out the programs under title ,,viii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bif et seq471 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until expended4 #bbjg4 ,national ,health ,service ,corps ,in addition to amounts otherwise made available for such purposes1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,secretary of ,health and ,human ,services1 #b1ejj1jjj1jjj1 for purposes of carrying out the ,national ,health ,service ,corps program1 to remain available until expended4 ,c ,improving access to health care services #bcja4 ,expanding access to mental health services and certain evaluation and management services furnished through telehealth 7a7 ,treatment of mental health services furnished through telehealth ,paragraph 7#g7 of section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7#a7 in the paragraph heading1 by inserting and mental health services after disorder services2 and 7#b7 by inserting or1 on or after the first day after the end of the public health emergency described in section #aace7;g77#a77;,b71 to an eligible telehealth individual for purposes of diagnosis1 evaluation1 or treatment of a mental health disorder1 as determined by the ,secretary1 after as determined by the ,secretary14 7b7 ,treatment of certain evaluation and management services furnished through telehealth ,such section #ahcd7m71 as amended by subsection 7a71 is amended-- 7#a7 in paragraph 7#d77;,c7-- 7,a7 in clause 7i71 by striking and 7#g7 and inserting 7#g71 and 7#i72 and 7,b7 in clause 7ii77,x71 by inserting or paragraph 7#i77;,a7 before the period2 and 7#b7 by adding at the end the following new paragraph3 7#i7 ,treatment of certain evaluation and management services furnished through telehealth 7,a7 ,in general ,the geographic requirements described in paragraph #d7;,c77i7 shall not apply with respect to a telehealth service that is a medical visit that is in the category of ,,hcpcs evaluation and management services for office and other outpatient services and that is furnished on or after the first day after the end of the public health emergency described in section #aace7;g77#a77;,b71 to an eligible telehealth individual by a qualified provider1 at an originating site described in paragraph #d7;,c77ii7 7other than an originating site described in subclause 7,,ix7 of such paragraph74 7,b7 ,definition of qualified provider ,for purposes of this paragraph1 the term qualified provider means1 with respect to a telehealth service described in subparagraph 7,a7 that is furnished to an eligible telehealth individual1 a physician or practitioner who-- 7i7 furnished to such individual1 during the #ah-month period ending on the date the telehealth service was furnished1 an item or service in person for which-- 7,i7 payment was made under this title2 or 7,,ii7 such payment would have been made if such individual were entitled to1 or enrolled for1 benefits under this title at the time such item or service was furnished2 or 7ii7 is in the same practice 7as determined by tax identification number7 as a physician or practitioner who furnished such an item or service in person to such individual during such period4 4 7c7 ,implementation ,notwithstanding any other provision of law1 the ,secretary may implement the provisions of1 or amendments made by1 this section by interim final rule1 program instruction1 or otherwise4 #bcjb4 ,enhanced ,federal ,medicaid support for community-based mobile crisis intervention services ,section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7 is amended by adding at the end the following new subsection3 7bb7 ,community-,based mobile crisis intervention services 7#a7 ,in general ,notwithstanding section #aijb7;a77#a7 7relating to statewideness71 section #aijb7;a77#aj77;,b7 7relating to comparability71 section #aijb7;a77#bc77;,a7 7relating to freedom of choice of providers71 or section #aijb7;a77#bg7 7relating to provider agreements71 a ,state may provide medical assistance for qualifying community-based mobile crisis intervention services under a ,state plan amendment or waiver approved under section #aaae or #aiae7;c74 7#b7 ,qualifying community-based mobile crisis intervention services defined ,for purposes of this subsection1 the term qualifying community-based mobile crisis intervention services means1 with respect to a ,state1 items and services for which medical assistance is available under the ,state plan under this title or a waiver of such plan1 that are-- 7,a7 furnished to an individual who is-- 7i7 outside of a hospital or other facility setting2 and 7ii7 experiencing a mental health or substance use disorder crisis2 7,b7 furnished by a multidisciplinary mobile crisis team-- 7i7 that includes at least #a behavioral health care professional who is capable of conducting an assessment of the individual1 in accordance with the professional's permitted scope of practice under ,state law1 and other professionals or paraprofessionals with appropriate expertise in behavioral health or mental health crisis response1 including nurses1 social workers1 peer support specialists1 and others1 as designated by the ,state and approved by the ,secretary2 7ii7 whose members are trained in trauma-informed care1 de-escalation strategies1 and harm reduction2 7iii7 that is able to respond in a timely manner and1 where appropriate1 provides-- 7,i7 screening and assessment2 7,,ii7 stabilization and de-escalation2 7,,iii7 coordination with1 and referrals to1 health1 social1 and other services and supports as needed2 and 7,,iv7 provision or coordination of transportation to the next step in care or treatment2 7iv7 that maintains relationships with relevant community partners1 including medical and behavioral health providers1 community health centers1 crisis respite centers1 managed care organizations 7if applicable71 entities able to provide assistance with application and enrollment in the ,state plan or a waiver of the plan1 entitles able to provide assistance with applying for and enrolling in benefit programs1 entities that provide assistance with housing 7such as public housing authorities1 ,continuum of ,care programs1 or not-for-profit entities that provide housing assistance71 and entities that provide assistance with other social services2 7v7 that coordinates with crisis intervention hotlines and emergency response systems2 7vi7 that maintains the privacy and confidentiality of patient information consistent with ,federal and ,state requirements2 and 7vii7 that operates independently from 7but may coordinate with7 ,state or local law enforcement agencies2 7,c7 available #bd hours per day1 every day of the year2 and 7,d7 voluntary to receive4 7#c7 ,payments 7,a7 ,in general ,notwithstanding section #aije7;b71 beginning ,january #a1 #bjba1 during each of the first #ab fiscal quarters that a ,state meets the requirements described in paragraph 7#d71 the ,federal medical assistance percentage applicable to amounts expended by the ,state for medical assistance for qualifying community-based mobile crisis intervention services furnished during such quarter shall be equal to #ie percent4 7,b7 ,exclusion of enhanced payments from territorial caps ,to the extent that the amount of a payment to ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 or ,american ,samoa for medical assistance for qualifying community-based mobile crisis intervention services that is based on the ,federal medical assistance percentage specified in subparagraph 7,a7 exceeds the amount that would have been paid to such territory for such services if the ,federal medical assistance percentage for the territory had been determined without regard to such subparagraph-- 7i7 the limitation on payments to territories under subsections 7f7 and 7g7 of section #aajh shall not apply to the amount of such excess2 and 7ii7 the amount of such excess shall be disregarded in applying such subsections4 7#d7 ,requirements ,the requirements described in this paragraph are the following3 7,a7 ,the ,state demonstrates1 to the satisfaction of the ,secretary-- 7i7 that it will be able to support the provision of qualifying community-based mobile crisis intervention services that meet the conditions specified in paragraph 7#b72 and 7ii7 how it will support coordination between mobile crisis teams and community partners1 including health care providers1 to enable the provision of services1 needed referrals1 and other activities identified by the ,secretary4 7,b7 ,the ,state provides assurances satisfactory to the ,secretary that-- 7i7 any additional ,federal funds received by the ,state for qualifying community-based mobile crisis intervention services provided under this subsection that are attributable to the increased ,federal medical assistance percentage under paragraph 7#c77;,a7 will be used to supplement1 and not supplant1 the level of ,state funds expended for such services for fiscal year #bjai2 7ii7 if the ,state made qualifying community-based mobile crisis intervention services available in a region of the ,state in fiscal year #bjai1 the ,state will continue to make such services available in such region under this subsection at the same level that the ,state made such services available in such fiscal year2 and 7iii7 the ,state will conduct the evaluation and assessment1 and submit the report1 required under paragraph 7#e74 7#e7 ,state evaluation and report 7,a7 ,state evaluation ,not later than #d fiscal quarters after a ,state begins providing qualifying community-based mobile crisis intervention services in accordance with this subsection1 the ,state shall enter into a contract with an independent entity or organization to conduct an evaluation for the purposes of-- 7i7 determining the effect of the provision of such services on-- 7,i7 emergency room visits2 7,,ii7 use of ambulatory services2 7,,iii7 hospitalizations2 7,,iv7 the involvement of law enforcement in mental health or substance use disorder crisis events2 7,v7 the diversion of individuals from jails or similar settings2 and 7ii7 assessing-- 7,i7 the types of services provided to individuals2 7,,ii7 the types of events responded to2 7,,iii7 cost savings or cost-effectiveness attributable to such services2 7,,iv7 the experiences of individuals who receive qualifying community-based mobile crisis intervention services2 7,v7 the successful connection of individuals with follow-up services2 and 7,,vi7 other relevant outcomes identified by the ,secretary4 7,b7 ,comparison to historical measures ,the contract described in subparagraph 7,a7 shall specify that the evaluation is based on a comparison of the historical measures of ,state performance with respect to the outcomes specified under such subparagraph to the ,state's performance with respect to such outcomes during the period beginning with the first quarter in which the ,state begins providing qualifying community-based mobile crisis intervention services in accordance with this subsection4 7,c7 ,report ,not later than #b years after a ,state begins to provide qualifying community-based mobile crisis intervention services in accordance with this subsection1 the ,state shall submit a report to the ,secretary on the following3 7i7 ,the results of the evaluation carried out under subparagraph 7,a74 7ii7 ,the number of individuals who received qualifying community-based mobile crisis intervention services4 7iii7 ,demographic information regarding such individuals when available1 including the race or ethnicity1 age1 sex1 sexual orientation1 gender identity1 and geographic location of such individuals4 7iv7 ,the processes and models developed by the ,state to provide qualifying community-based mobile crisis intervention services under such the ,state plan or waiver1 including the processes developed to provide referrals for1 or coordination with1 follow-up care and services4 7v7 ,lessons learned regarding the provision of such services4 7,d7 ,public availability ,the ,state shall make the report required under subparagraph 7,c7 publicly available1 including on the website of the appropriate ,state agency1 upon submission of such report to the ,secretary4 7#f7 ,best practices report 7,a7 ,in general ,not later than #c years after the first ,state begins to provide qualifying community-based mobile crisis intervention services in accordance with this subsection1 the ,secretary shall submit a report to ,congress that-- 7i7 identifies the ,states that elected to provide services in accordance with this subsection2 7ii7 summarizes the information reported by such ,states under paragraph 7#e77;,c72 and 7iii7 identifies best practices for the effective delivery of community-based mobile crisis intervention services4 7,b7 ,public availability ,the report required under subparagraph 7,a7 shall be made publicly available1 including on the website of the ,department of ,health and ,human ,services1 upon submission to ,congress4 7#g7 ,state planning and evaluation grants 7,a7 ,in general ,as soon as practicable after the date of enactment of this subsection1 the ,secretary may award planning and evaluation grants to ,states for purposes of developing a ,state plan amendment or section #aaae or #aiae7;c7 waiver request 7or an amendment to such a waiver7 to provide qualifying community-based mobile crisis intervention services and conducting the evaluation required under paragraph 7#e77;,a74 ,a grant awarded to a ,state under this paragraph shall remain available until expended4 7,b7 ,state contribution ,a ,state awarded a grant under this subsection shall contribute for each fiscal year for which the grant is awarded an amount equal to the ,state percentage determined under section #aije7;b7 7without regard to the temporary increase in the ,federal medical assistance percentage of the ,state under section #fjjh7;a7 of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg7 or any other temporary increase in the ,federal medical assistance percentage of the ,state for fiscal year #bjbj or any succeeding fiscal year7 of the grant amount4 7#h7 ,funding 7,a7 ,implementation and administration ,there is appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 such sums as are necessary for purposes of implementing and administering this section4 7,b7 ,planning and evaluation grants ,there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #be1jjj1jjj to the ,secretary for fiscal year #bjba for purposes of making grants under paragraph 7#g71 to remain available until expended4 4 #bcjc4 ,extension and expansion of ,community ,mental ,health ,services demonstration program2 funding for the ,certified ,community ,behavioral ,health ,clinic ,expansion ,grant ,program 7a7 ,in general ,section #bbc7;d7 of the ,protecting ,access to ,medicare ,act of #bjad 7#db ,u4,s4,c4 #acif;a note7 is amended-- 7#a7 in paragraph 7#c71 by striking ,december #aa1 #bjbj and inserting ,december #ca1 #bjbb2 and 7#b7 in paragraph 7#h7-- 7,a7 in subparagraph 7,a71 by striking to participate in #b-year demonstration programs that meet the requirements of this subsection and inserting to conduct demonstration programs under this subsection for #b years or through the date specified in paragraph 7#c71 whichever is longer2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,other new programs ,in addition to the #h ,states selected under paragraph 7#a7 and the #b ,states selected under subparagraph 7,a71 not later than #f months after the date of enactment of the ,economic ,justice ,act1 the ,secretary shall select #i additional ,states to conduct demonstration programs under this subsection for #b years or through the date specified in paragraph 7#c71 whichever is longer4 7,c7 ,selection of states 7i7 ,initial additional programs ,in selecting ,states under subparagraph 7,a71 the ,secretary-- 7,i7 shall select ,states that-- 7aa7 were awarded planning grants under subsection 7c72 and 7bb7 applied to participate in the demonstration programs under this subsection under paragraph 7#a7 but1 as of ,march #bg1 #bjbj1 were not selected to participate under paragraph 7#a72 and 7,,ii7 shall use the results of the ,secretary's evaluation of each ,state's application under paragraph 7#a7 to determine which ,states to select1 and shall not require the submission of any additional application4 7ii7 ,other new programs ,clause 7i7 shall apply to the selection of ,states under subparagraph 7,b71 except that1 for purposes of applying that clause to the selection of ,states under such subparagraph1 the ,secretary shall substitute as of the date of enactment of the ,economic ,justice ,act1 were not selected to participate under paragraph 7#a7 or under this paragraph for as of ,march #bg1 #bjbj1 were not selected to participate under paragraph 7#a74 4 7b7 ,funding for the ,certified ,community ,behavioral ,health ,clinic ,expansion ,grant ,program ,for purposes of carrying out the ,certified ,community ,behavioral ,health ,clinic ,expansion ,grant ,program of the ,substance ,abuse and ,mental ,health ,services ,administration1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #fjj1jjj1jjj1 to remain available until expended4 #bcjd4 ,expanding capacity for health outcomes ,title ,,iii of the ,public ,health ,service ,act is amended by inserting after section #ccj,m 7#db ,u4,s4,c4 #bed;c-#ai7 the following3 #ccj,n4 ,expanding capacity for health outcomes 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity that provides1 or supports the provision of1 health care services in rural areas1 frontier areas1 health professional shortage areas1 or medically underserved areas1 or to medically underserved populations or ,native ,americans1 including ,indian ,tribes1 ,tribal organizations1 and urban ,indian organizations1 and which may include entities leading1 or capable of leading1 a technology-enabled collaborative learning and capacity building model or engaging in technology-enabled collaborative training of participants in such model4 7#b7 ,health professional shortage area ,the term health professional shortage area means a health professional shortage area designated under section #ccb4 7#c7 ,indian ,tribe ,the terms ,indian ,tribe and ,tribal organization have the meanings given the terms ,indian tribe and tribal organization in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 7#d7 ,medically underserved population ,the term medically underserved population has the meaning given the term in section #ccj7;b77#c74 7#e7 ,native ,americans ,the term ,native ,americans has the meaning given the term in section #gcf and includes ,indian ,tribes and ,tribal organizations4 7#f7 ,technology-enabled collaborative learning and capacity building model ,the term technology-enabled collaborative learning and capacity building model means a distance health education model that connects health care professionals1 and particularly specialists1 with multiple other health care professionals through simultaneous interactive videoconferencing for the purpose of facilitating case-based learning1 disseminating best practices1 and evaluating outcomes4 7#g7 ,urban ,indian organization ,the term urban ,indian organization has the meaning given the term in section #d of the ,indian ,health ,care ,improvement ,act4 7b7 ,program established ,the ,secretary shall1 as appropriate1 award grants to evaluate1 develop1 and1 as appropriate1 expand the use of technology-enabled collaborative learning and capacity building models1 to improve retention of health care providers and increase access to health care services1 such as those to address chronic diseases and conditions1 infectious diseases1 mental health1 substance use disorders1 prenatal and maternal health1 pediatric care1 pain management1 palliative care1 and other specialty care in rural areas1 frontier areas1 health professional shortage areas1 or medically underserved areas and for medically underserved populations or ,native ,americans4 7c7 ,use of funds 7#a7 ,in general ,grants awarded under subsection 7b7 shall be used for-- 7,a7 the development and acquisition of instructional programming1 and the training of health care providers and other professionals that provide or assist in the provision of services through models described in subsection 7b71 such as training on best practices for data collection and leading or participating in such technology-enabled activities consistent with technology-enabled collaborative learning and capacity-building models2 7,b7 information collection and evaluation activities to study the impact of such models on patient outcomes and health care providers1 and to identify best practices for the expansion and use of such models2 or 7,c7 other activities consistent with achieving the objectives of the grants awarded under this section1 as determined by the ,secretary4 7#b7 ,other uses ,in addition to any of the uses under paragraph 7#a71 grants awarded under subsection 7b7 may be used for-- 7,a7 equipment to support the use and expansion of technology-enabled collaborative learning and capacity building models1 including for hardware and software that enables distance learning1 health care provider support1 and the secure exchange of electronic health information2 or 7,b7 support for health care providers and other professionals that provide or assist in the provision of services through such models4 7d7 ,length of grants ,grants awarded under subsection 7b7 shall be for a period of up to #e years4 7e7 ,grant requirements ,the ,secretary may require entities awarded a grant under this section to collect information on the effect of the use of technology-enabled collaborative learning and capacity building models1 such as on health outcomes1 access to health care services1 quality of care1 and provider retention in areas and populations described in subsection 7b74 ,the ,secretary may award a grant or contract to assist in the coordination of such models1 including to assess outcomes associated with the use of such models in grants awarded under subsection 7b71 including for the purpose described in subsection 7c77#a77;,b74 7f7 ,application ,an eligible entity that seeks to receive a grant under subsection 7b7 shall submit to the ,secretary an application1 at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application shall include plans to assess the effect of technology-enabled collaborative learning and capacity building models on patient outcomes and health care providers4 7g7 ,access to broadband ,in administering grants under this section1 the ,secretary may coordinate with other agencies to ensure that funding opportunities are available to support access to reliable1 high-speed internet for grantees4 7h7 ,technical assistance ,the ,secretary shall provide 7either directly through the ,department of ,health and ,human ,services or by contract7 technical assistance to eligible entities1 including recipients of grants under subsection 7b71 on the development1 use1 and evaluation of technology-enabled collaborative learning and capacity building models in order to expand access to health care services provided by such entities1 including for medically underserved areas and to medically underserved populations or ,native ,americans4 7i7 ,research and evaluation ,the ,secretary1 in consultation with stakeholders with appropriate expertise in such models1 shall develop a strategic plan to research and evaluate the evidence for such models4 ,the ,secretary shall use such plan to inform the activities carried out under this section4 7j7 ,report by ,secretary ,not later than #d years after the date of enactment of this section1 the ,secretary shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and post on the internet website of the ,department of ,health and ,human ,services1 a report including1 at minimum-- 7#a7 a description of any new and continuing grants awarded to entities under subsection 7b7 and the specific purpose and amounts of such grants2 7#b7 an overview of-- 7,a7 the evaluations conducted under subsections 7b72 7,b7 technical assistance provided under subsection 7h72 and 7,c7 activities conducted by entities awarded grants under subsection 7b72 and 7#c7 a description of any significant findings or developments related to patient outcomes or health care providers and best practices for eligible entities expanding1 using1 or evaluating technology-enabled collaborative learning and capacity building models1 including through the activities described in subsection 7h74 7k7 ,funding ,to carry out this section1 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 4 #bcje4 ,ryan ,white ,,hiv_/,,aids program ,for purposes of carrying out title ,,xxvi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;ff-#aa et seq471 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until expended4 #bcjf4 ,community mental health services block grant ,section #aibj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjx-#i7 is amended-- 7#a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,additional amounts for community mental health services ,in addition to amounts otherwise made available for such purposes1 for purposes of carrying out this subpart1 subpart ,,iii with respect to mental health1 and section #eae7;c71 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #gjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 4 #bcjg4 ,substance abuse prevention and treatment block grant ,section #aice of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjx-#ce7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,additional amounts for substance abuse prevention and treatment ,in addition to amounts otherwise made available for such purposes1 for purposes of carrying out this subpart1 subpart ,,iii with respect to substance abuse1 section #eje7;d71 and section #eae7;d71 there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 4 ,,iii ,federally supported jobs1 training1 and at-risk youth initiatives ,a ,department of ,labor ,employment and ,training ,programs #caja4 ,definitions and ,,wioa requirements 7a7 ,,wioa definitions and requirements ,except as otherwise provided1 in this subtitle1 other than chapter #e-- 7#a7 the terms have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb72 and 7#b7 an allotment1 allocation1 or other provision of funds made in accordance with a provision of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq47 shall be made in compliance with the applicable requirements of such ,act 7#bi ,u4,s4,c4 #caja et seq471 including the applicable requirements of section #ahb7;e7 of such ,act 7#bi ,u4,s4,c4 #cbdb7;e77 unless otherwise provided for in this title4 7b7 ,other definitions ,in this subtitle3 7#a7 ,apprenticeship opportunity2 apprenticeship program ,the terms apprenticeship opportunity and apprenticeship program mean an opportunity in an apprenticeship program1 and an apprenticeship program1 that is registered by the ,office of ,apprenticeship or a ,state apprenticeship agency under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act7 7#ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 including1 as in effect on ,december #cj1 #bjai1 any requirement1 standard1 or rule promulgated under that ,act4 7#b7 ,coronavirus ,the term coronavirus means coronavirus as defined in section #ejf of the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc74 7#c7 ,,covid-#ai national emergency ,the term ,,covid-#ai national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 on ,march #ac1 #bjbj1 with respect to the coronavirus4 7#d7 ,secretary ,the term ,secretary-- 7,a7 as such term is used in chapters #a through #d1 and chapters #f and #g1 means the ,secretary of ,labor2 and 7,b7 as such term is used in chapter #e1 means the ,secretary of ,education4 7c7 ,rule ,if funds awarded under this subtitle1 including all funds awarded for the purposes of grants1 contracts or cooperative agreements1 or the development1 implementation1 or administration of apprenticeship programs 7or apprenticeship opportunities71 are used to fund apprenticeship programs 7or apprenticeship opportunities71 those funds shall only be provided to apprenticeship programs 7or opportunities in apprenticeship programs7 that meet the definition of an apprenticeship program under subsection 7b74 #a ,workforce ,development ,activities in ,response to the ,,covid-#ai ,national ,emergency #caaa4 ,workforce response activities 7a7 ,funds for adults and dislocated workers ,with respect to funds appropriated under section #caac7;d7 or #caae7;c7 and allotted to a ,state under subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea et seq47 for adult or dislocated worker workforce development activities1 allocated to a local area for adult workforce development activities in accordance with paragraph 7#b77;,a7 or paragraph 7#c7 of section #acc7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b771 or allocated to a local area for dislocated worker workforce development activities in accordance with section #acc7;b77#b77;,b7 of such ,act 7#bi ,u4,s4,c4 #cagc7;b77,b771 the following shall apply3 7#a7 ,eligibility of adults and dislocated workers ,to be eligible to receive services through those funds1 an adult or dislocated worker-- 7,a7 shall not be required to meet the requirements of section #acd7;c77#c77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c77;,b772 and 7,b7 may include1 as determined by the ,governor or local board involved1 an individual described in section #bajb7;a77#c77;,a7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7#ae ,u4,s4,c4 #ijba7;a77#c77;,a77 who1 for the purposes of this section1 may be considered by the ,governor or board to be an adult or a dislocated worker4 7#b7 ,individualized career services ,such funds may be used to provide individualized career services described in section #acd7;c77#b77;,a77xii7 of the ,workforce ,investment and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77;,a77xii77 to any such eligible adult and dislocated worker4 7#c7 ,incumbent worker training ,in a case in which the local board for such local area provides to the ,secretary an assurance that the local area will use such allocated funds 7allocated for adult or dislocated worker activities7 to provide the work support activities designed to assist low-wage workers in retaining and enhancing employment in accordance with section #acd7;d77#a77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#a77;,b771 such local board may-- 7,a7 use not more than #dj percent of such allocated funds for a training program for incumbent workers described in section #acd7;d77#d77;,a77i7 of such ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77;,a77i77 7for such low-wage workers who are incumbent workers72 and 7,b7 consider the economic impact of the ,,covid-#ai national emergency to the employer or participants of such program in determining an employer's eligibility under section #acd7;d77#d77;,a77ii7 of such ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77;,a77ii777 for the ,federal share of the cost of such program4 7#d7 ,transitional jobs 7,a7 ,in general ,the local board for such local area may use not more than #dj percent of such allocated funds to provide transitional jobs in accordance with section #acd7;d77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#e774 7,b7 ,clarification ,section #aid7aj7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbed7aj77 shall not apply with respect to the funds used under this paragraph4 7#e7 ,on-the-job training ,the ,governor for the ,state or the local board for such area may take into account the impact of the ,,covid-#ai national emergency as a factor in determining whether to increase the amount of a reimbursement to an amount up to #ge percent of the wage rate of a participant in accordance with #acd7;c77#c77;,h7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c77;,h774 7#f7 ,customized training ,the ,governor for the ,state or local board for such area may take into account the impact of the ,,covid-#ai national emergency as a factor in determining the portion of the cost of training an employer shall provide in accordance with section #c7ad7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ad774 7b7 ,youth ,with respect to funds appropriated under section #caad7;d7 and allotted or allocated under subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea et seq47 for the activities described in chapter #b of subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafa et seq47 for out-of-school youth and in-school youth 7as such terms are defined in section #abi7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a7771 the ,governor or local board involved may determine that-- 7#a7 in the case of an individual described in section #bajb7;a77#c77;,a7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7#ae ,u4,s4,c4 #ijba7;a77#c77;,a77 who meets the requirements of clauses 7i7 and 7ii7 of section #abi7;a77#a77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77;,b771 such individual meets the definition of an out-of-school youth in such section #abi7;a77#a77;,b72 and 7#b7 in the case of an individual described in section #bajb7;a77#c77;,a7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act who meets the requirements of clauses 7i7 through 7iii7 of section #abi7;a77#a77;,c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77;,c771 such individual meets the definition of an in-school youth in such section #abi7;a77#a77;,c74 7c7 ,governor's reserve ,with respect to funds appropriated under section #caac7;d71 #caad7;d71 or #caae7;c7 and allotted under subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act to a ,state in accordance with section #abg7;b77#a77;,c7 and paragraphs 7#a77;,b7 and 7#b77;,b7 of section #acb7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafb7;b77#a77;,c72 #cagb7;b771 the ,governor-- 7#a7 shall make the reservations under sections #abh7;a7 and #acc7;a77#a7 of such ,act 7#bi ,u4,s4,c4 #cafc7;a72 #cagc7;a77#a77 and use the reserved funds for statewide activities described in section #abi7;b7 or paragraph 7#b77;,b7 or 7#c7 of section #acd7;a7 of such ,act 7#bi ,u4,s4,c4 #cafd7;b72 #cagd7;a77 related to the ,,covid-#ai national emergency2 and 7#b7 may make a reservation 7in addition to the reservations described in paragraph 7#a77 of not more than #aj percent for activities related to responding to the ,,covid-#ai national emergency if such reserved funds are used for activities benefitting the local areas within such ,state most impacted by the ,,covid-#ai national emergency1 which activities may include providing-- 7,a7 training for health care workers1 public health workers1 personal care attendants1 direct service providers1 home health workers1 and frontline workers2 7,b7 resources to support1 or allow for and provide access to1 online services1 including counseling1 case management1 and employment retention services1 and training delivery by local boards1 one-stop centers1 one-stop operators1 or eligible training services providers2 or 7,c7 additional resources to such local areas to provide career services and supportive services for eligible individuals4 7d7 ,state workforce ,,covid-#ai recovery plan ,not later than #fj days after a ,state receives funds appropriated under section #caac7;d71 #caad7;d71 or #caae7;c71 the ,governor shall submit to the ,secretary1 as a supplement to the ,state plan submitted under section #ajb7;a7 or #ajc7;a7 of the ,workforce ,investment and ,opportunity ,act 7#bi ,u4,s4,c4 #caab7;a72 #caac7;a771 a workforce plan that responds to the ,,covid-#ai national emergency4 #caab4 ,national dislocated worker grants 7a7 ,grants authorized ,from the funds appropriated under subsection 7e71 the ,secretary shall award1 in accordance with section #agj of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbe71 national dislocated worker grants to the entities that meet the requirements for the grants under such section to carry out the activities described in such section and in subsection 7d7 of this section4 7b7 ,plan ,the ,secretary shall submit to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 not later than #cj days after the date of enactment of this ,act1 a plan for awarding of grants under this section4 7c7 ,timing ,subject to the availability of appropriations to carry out this section1 not later than #fj days after the date of enactment of this ,act1 the ,secretary shall use not less than #ej percent of the funds appropriated under subsection 7e7 to award grants under this section4 7d7 ,uses of funds 7#a7 ,in general ,not less than half of the funds appropriated under subsection 7e7 shall be used to award grants under this section to carry out this subsection1 by responding to the ,,covid-#ai national emergency as described in paragraph 7#b74 7#b7 ,response to ,,covid-#ai national emergency ,such a grant to respond to the ,,covid-#ai national emergency shall be used to provide activities that include each of the following3 7,a7 ,training and temporary employment to respond to the ,,covid-#ai national emergency1 ensuring any training or employment under this subparagraph provides participants with adequate and safe equipment1 environments1 and facilities for training and supervision1 including positions or assignments-- 7i7 as personal care attendants1 direct service providers1 or home health workers providing direct care and home health services1 including delivering medicine1 food1 or other supplies1 for-- 7,i7 older individuals1 individuals with disabilities1 and other individuals with respiratory conditions or other underlying health conditions2 or 7,,ii7 individuals in urban1 rural1 or suburban local areas with excess poverty2 7ii7 in health care and health care support positions responding to the ,,covid-#ai national emergency2 7iii7 to support ,state1 local1 or tribal health departments2 or 7iv7 in a sector directly responding to the ,,covid-#ai national emergency such as childcare1 food retail1 public service1 manufacturing1 or transportation4 7,b7 ,activities responding to layoffs of #ej or more individuals laid off by one employer1 or layoffs that significantly increase unemployment in a community1 as a result of the ,,covid-#ai national emergency1 such as layoffs in the hospitality1 transportation1 manufacturing1 or retail industry sectors or occupations4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ejj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #caac4 ,state dislocated worker activities responding to the ,,covid-#ai emergency 7a7 ,distribution of funds 7#a7 ,states ,from the amounts appropriated under subsection 7d71 the ,secretary shall make allotments to ,states in accordance with section #acb7;b77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;b77#b774 7#b7 ,local areas ,not later than #cj days after a ,state receives an allotment under paragraph 7#a71 the ,state shall use the allotted funds-- 7,a7 to make the reservations required under section #acc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;a771 which reserved funds may be used for statewide activities described in section #acd7;a7 of such ,act 7#bi ,u4,s4,c4 #cagd7;a77 related to the ,,covid-#ai national emergency and the activities described in subsection 7c72 and 7,b7 to allocate the remaining funds to local areas in accordance with section #acc7;b77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b77#b77;,b771 which funds may be used for activities described in section #acd 7other than section #acd7;a77 of such ,act4 7b7 ,required uses ,each ,state1 in coordination with local areas to the extent described in subsection 7c71 shall use the funds received under this section to engage in the dislocated worker response activities described in sections #acc7;b77#b77;,b7 and #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b77#b77;,b72 #cagd71 and the activities described in subsection 7c71 to support layoff aversion and provide necessary supports to eligible adults 7at risk of dislocation7 and dislocated workers and to employers facing layoffs1 due to the impacts of the ,,covid-#ai national emergency4 7c7 ,,covid-#ai dislocated worker emergency response ,the dislocated worker response activities described in this subsection shall include each of the following activities carried out by a ,state1 in coordination with local areas impacted by the ,,covid-#ai national emergency 7including local areas in which layoffs1 suspensions1 or reductions of employment have occurred or have the potential to occur as a result of the ,,covid-#ai national emergency73 7#a7 ,the rapid response activities described in section #acd7;a77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#b77;,a771 including the layoff aversion activities described in section #fhb4cbj of subtitle #bj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7 to engage employers and adults 7at risk of dislocation74 7#b7 ,coordination of projects1 for eligible adults 7at risk of dislocation7 and dislocated workers impacted by layoffs1 suspensions1 or reductions in employment as a result of the ,,covid-#ai national emergency1 targeted at immediate reemployment1 career navigation services1 supportive services1 career services1 training for in-demand industry sectors and occupations1 provision of information on in-demand and declining industries and information on employers who have a demonstrated history of providing equitable benefits and compensation and safe working conditions1 access to technology and online skills training including digital literacy skills training1 and other layoff support or further layoff aversion strategies through employment and training activities4 7#c7 ,a prioritization or coordination of employment and training activities1 including supportive services and career pathways1 that-- 7,a7 prepare eligible adults 7at risk of dislocation7 and dislocated workers to participate in short-term employment to meet the demands for health care workers1 public health workers1 personal care attendants1 direct service providers1 home health workers1 and frontline workers responding to the ,,covid-#ai national emergency1 including frontline workers in the transportation1 information technology1 service1 manufacturing1 food service1 maintenance1 and cleaning sectors2 7,b7 allow such individuals to maintain eligibility for career services and training services through the period in which such individuals are in short-term employment to respond to the ,,covid-#ai national emergency1 and in the period immediately following the conclusion of the short-term employment1 to support transitions into further training or employment2 and 7,c7 provide participants with adequate and safe equipment1 environments1 and facilities for training and supervision4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the activities described in this section1 and subsections 7a71 7c71 and 7d7 of section #caaa1 #b1ejj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #caad4 ,youth workforce investment activities responding to the ,,covid-#ai national emergency 7a7 ,distribution of funds 7#a7 ,states ,from the amounts appropriated under subsection 7d71 the ,secretary shall make allotments to ,states in accordance with section #abg7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafb7;b774 7#b7 ,local areas ,not later than #cj days after a ,state receives an allotment under paragraph 7#a71 the ,state shall use the allotted funds-- 7,a7 to make the reservations required under #abh7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc7;a771 which reserved funds may be used for statewide activities described in section #abi7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77 related to the ,,covid-#ai national emergency and the activities described in subsection 7b72 and 7,b7 to allocate the remaining funds to local areas in accordance with section #abh7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc7;b771 which funds may be used for the activities described in subsection 7b74 7b7 ,uses of funds 7#a7 ,in general ,in using the funds received under this section1 each ,state and local area shall prioritize providing services described in paragraph 7#b77;,a7 for youth impacted by diminished labor market opportunities for summer jobs or year-round employment due to the economic impacts of the ,,covid-#ai national emergency4 7#b7 ,youth workforce investment activities 7,a7 ,employment opportunities for at-risk youth ,each ,state and local area receiving funds under this section shall use not less than #ej percent of such funds to support summer and year-round youth employment opportunities for in-school and out-of-school youth-- 7i7 with a priority for out-of-school youth and youth with multiple barriers to employment2 and 7ii7 which shall include support for employer partnerships for youth employment and subsidized youth employment1 and partnerships with community-based organizations to support such employment opportunities4 7,b7 ,other activities ,any amount of the funds so received that is not used to carry out the activities described in subparagraph 7,a7 shall be used by ,states and local areas for carrying out the activities described in subsections 7b7 and 7c71 respectively1 of section #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd71 and for the purposes of-- 7i7 supporting in-school and out-of-school youth to connect to education and career pathways2 7ii7 establishing or expanding partnerships with community-based organizations to develop or expand work experience opportunities through which youth can develop skills and competencies to secure and maintain employment1 including opportunities with supports for activities like peer mentoring2 7iii7 providing subsidized employment1 internships1 work-based learning1 and youth apprenticeship opportunities2 7iv7 providing work readiness training activities and educational programs aligned to career pathways that support credential attainment and the development of employability skills2 7v7 engaging or establishing industry or sector partnerships to determine job needs and available opportunities for youth employment2 7vi7 conducting outreach to youth and employers2 7vii7 providing coaching1 navigation1 and mentoring services for participating youth1 including career exploration1 career counseling1 career planning1 and college planning services for participating youth2 7viii7 providing coaching1 navigation1 and mentoring services for employers on how to successfully employ participating youth in meaningful work2 7ix7 providing services to youth1 to enable participation in a program of youth activities1 which services may include supportive services1 access to technological devices and access to other supports needed to access online services1 and followup services for not less than #ab months after the completion of participation1 as appropriate2 and 7x7 coordinating activities under this section with ,state and local educational agencies to adjust for revised academic calendars in response to the ,,covid-#ai national emergency4 7c7 ,general provisions ,a ,state or local area using funds under this section for youth summer or year-round employment shall require that not less than #be percent of the wages of each eligible youth participating in such employment be paid by the employer1 except that such requirement may waived for an employer facing financial hardship due to the ,,covid-#ai national emergency4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the activities described in this section1 and subsections 7b71 7c71 and 7d7 of section #caaa1 #b1ejj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #caae4 ,adult employment and training activities responding to the ,,covid-#ai national emergency 7a7 ,distribution of funds 7#a7 ,states ,from the amounts appropriated under subsection 7c71 the ,secretary shall make allotments to ,states in accordance with section #acb7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;b77#a774 7#b7 ,local areas ,not later than #cj days after a ,state receives an allotment under paragraph 7#a71 the ,state shall use the allotted funds-- 7,a7 to make the reservations required under section #acc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;a771 which reserved funds may be used for statewide activities described in section #acd7;a7 of such ,act 7#bi ,u4,s4,c4 #cagd7;a77 related to the ,,covid-#ai national emergency2 and 7,b7 to allocate the remaining funds to local areas in accordance with paragraph 7#b77;,a7 or 7#c7 of section #acc7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b774 7b7 ,uses of funds 7#a7 ,in general ,each ,state and local area receiving funds under this section shall use the funds to engage in the adult employment and training activities described in section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7 to provide necessary supports and services to eligible adults who are adversely impacted by the ,,covid-#ai national emergency1 including to individuals who are underemployed or most at risk of unemployment1 and shall coordinate the adult employment and training services with employers facing economic hardship or employment challenges due to economic impacts of the ,,covid-#ai national emergency4 7#b7 ,,covid-#ai adult employment and training activities 7,a7 ,services to support employers impacted by the ,,covid-#ai national emergency ,of the funds allocated to a local area under subsection 7a77#b77;,b71 not less than one-third shall be used for providing services to eligible adults to support employers impacted by the ,,covid-#ai national emergency1 including incumbent worker training1 on-the-job training1 and customized training activities1 and activities supporting employee retention for employers1 prioritizing those employers facing economic hardship or employment challenges as a result of the ,,covid-#ai national emergency4 7,b7 ,underemployment and employment supports ,of the funds allocated to a local area and not used for activities under subparagraph 7,a71 such funds shall be used to provide the services and supports described in section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7 for eligible adults who are workers facing underemployment1 individuals seeking work1 or dislocated workers1 prioritizing individuals with barriers to employment or eligible adults who are adversely impacted by economic changes within their communities due to the ,,covid-#ai national emergency1 including providing-- 7i7 work-based learning opportunities including paid internships1 paid work experience opportunities1 transitional jobs1 or opportunities in apprenticeship programs2 7ii7 career navigation supports to encourage and enable workers to find new career pathways to in-demand industry sectors and occupations and the necessary training to support those career pathways1 or workplace learning advisors to support incumbent workers2 7iii7 training for in-demand industry sectors and occupations1 including for digital literacy needed for such industry sectors and occupations2 7iv7 virtual services and virtual employment and training activities1 including providing appropriate accommodations to individuals with disabilities in accordance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7v7 supportive services and individualized career services4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section and subsections 7a71 7c71 and 7d7 of section #caaa1 #b1ejj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #b ,employment ,service ,,covid-#ai ,national ,emergency ,response ,fund #caba4 ,employment service 7a7 ,in general ,from the funds appropriated under subsection 7c71 the ,secretary shall-- 7#a7 reserve not less than #ajj1jjj1jjj for workforce information systems improvements1 including for related electronic tools and system building1 and for the activities described in subsection 7b77#a72 and 7#b7 use the remaining funds to make allotments in accordance with section #f of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;e7 to ,states1 which for purposes of this section shall include the ,commonwealth of the ,northern ,mariana ,islands and ,american ,samoa1 for-- 7,a7 the activities described in subsection 7b77#b7 of this section2 and 7,b7 the activities described in section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b74 7b7 ,uses of funds 7#a7 ,reservation uses of funds ,the ,secretary shall use the funds reserved under subsection 7a77#a7 for-- 7,a7 workforce information grants to ,states for the development of labor market insights and evidence on the ,state and local impacts of the ,,covid-#ai national emergency and on promising reemployment strategies1 and to improve access to tools and equipment for virtual products and service delivery2 7,b7 the ,workforce ,information ,technology ,support ,center1 to facilitate voluntary ,state participation in multi-,state data collaboratives that develop real-time ,state and local labor market insights on the impacts of the ,,covid-#ai national emergency and evidence to promote more rapid reemployment and economic mobility1 using cross-,state and cross-agency administrative data2 and 7,c7 improvements in short- and long-term ,state and local occupational and employment projections to facilitate reemployment1 economic mobility1 and economic development strategies4 7#b7 ,state uses of funds ,a ,state shall use an allotment received under subsection 7a77#b7 to-- 7,a7 provide additional resources for supporting employment service personnel employed on a merit system in providing reemployment services for unemployed and underemployed workers impacted by the ,,covid-#ai national emergency2 7,b7 provide assistance for individuals impacted by the ,,covid-#ai national emergency1 including individuals receiving unemployment benefits or seeking employment as a result of the emergency 7which provision of assistance shall include providing for services such as reemployment services1 job search assistance1 and job matching services based on the experience of individuals1 and providing individualized career services for all such individuals72 and 7,c7 provide services for employers impacted by the ,,covid-#ai national emergency1 which shall include services for employers dealing with labor force changes as a result of such emergency4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the activities described in this section #a1gjj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #c ,job ,corps ,response to the ,,covid-#ai ,national ,emergency #caca4 ,job ,corps response to the ,,covid-#ai national emergency 7a7 ,funding for job corps during the ,,covid-#ai national emergency ,from the funds appropriated under subsection 7c71 the ,secretary-- 7#a7 shall provide funds to each entity with which the ,secretary has entered into an agreement under section #adg7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caig7;a77#a77 to-- 7,a7 during the ,,covid-#ai national emergency-- 7i7 carry out the activities described in section #adh7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caih7;a772 and 7ii7 provide the child care described in section #adh7;e7 of such ,act 7#bi ,u4,s4,c4 #caih7;e772 and 7,b7 retain existing capacity 7existing as of ,june #a1 #bjai7 of each ,job ,corps center1 including retaining the existing residential capacity1 during and after the ,,covid-#ai national emergency1 and increase staffing and student capacity and resources related to section #ade of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caie7 to provide for full on-board strength after such emergency2 and 7,c7 during the #ab-month period after the ,,covid-#ai national emergency1 carry out the graduate services described in section #adh7;d7 of such ,act 7#bi ,u4,s4,c4 #caih7;d77 for any individual who has graduated from ,job ,corps during the #c-month period after such emergency2 and 7#b7 may-- 7,a7 provide up to #ae percent of the funds provided to the entity to meet the operational needs of the ,job ,corps center 7which may include the cleaning1 sanitation1 and necessary improvements of the center related to ,,covid-#ai72 7,b7 support-- 7i7 activities providing the relationship to opportunities1 and links to employment opportunities described in paragraphs 7#b7 and 7#c7 of section #adh7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caih7;a772 7ii7 to the greatest extent practicable1 the career and technical education and training described in section #adh7;b7 of such ,act 7#bi ,u4,s4,c4 #caih7;b77 through virtual or remote means for any period while ,job ,corps enrollees are away from their centers during the ,,covid-#ai national emergency1 including by providing necessary technology resources to enrollees during that period2 and 7iii7 other activities described in section #adh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caih72 7,c7 provide for costs related to infrastructure projects1 including technology modernization needed to provide for virtual and remote learning2 and 7,d7 provide for payment of ,job ,corps stipends1 including emergency ,job ,corps stipends1 and facilitate such payments through means such as debit cards with no usage fees1 and provide for corresponding financial literacy4 7b7 ,flexibility 7#a7 ,in general ,in order to provide for the successful continuity of services and enrollment periods during the ,,covid-#ai national emergency1 additional flexibility shall be provided for ,job ,corps enrollees1 operators1 and providers of activities1 including flexibility described in paragraphs 7#b7 through 7#f74 7#b7 ,eligibility ,notwithstanding the age requirements for enrollment under section #add7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caid7;a77#a771 an individual seeking to enroll in the ,job ,corps and who will turn #be during the ,,covid-#ai national emergency is eligible for such enrollment4 7#c7 ,enrollment length ,notwithstanding section #adf7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caif7;b771 an individual enrolled in the ,job ,corps during the ,,covid-#ai national emergency may extend the individual's period of enrollment for more than #b years1 as long as such extension does not exceed a #b-year1 continuous period of enrollment after the ,,covid-#ai national emergency4 7#d7 ,advanced career training programs ,with respect to advanced career training programs under section #adh7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caih7;c771 in which the enrollees may continue to participate for a period not to exceed #a year in addition to the period of participation to which the enrollees would otherwise be limited1 the ,,covid-#ai national emergency shall not be considered as any portion of such additional #a-year participation period4 7#e7 ,counseling1 job placement1 and assessment ,the counseling1 job placement services1 and assessment described in section #adi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caii7 shall be available to former enrollees-- 7,a7 whose enrollment was interrupted due to the ,,covid-#ai national emergency2 or 7,b7 who graduated from ,job ,corps not earlier than ,january #a1 #bjbj1 but not later than #c months after the ,,covid-#ai national emergency4 7#f7 ,support 7,a7 ,in general ,the ,secretary shall provide additional support for the transition periods described in section #aej7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbjj7;c771 including support described in subparagraphs 7,b7 and 7,c74 7,b7 ,transition allowances ,the ,secretary shall provide for additional transition allowances as described in subsection 7b7 of such section for ,job ,corps graduates who have graduated in #bjbj and shall provide those allowances during the period that begins on the first day of the ,,covid-#ai national emergency and ends #c months after the conclusion of the emergency4 7,c7 ,transition support ,the ,secretary shall consider the period described in subparagraph 7,b7 as the period in which the employment services described in subsection 7c7 of such section shall be provided to graduates who have graduated in #bjbj4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this chapter #ejj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #d ,national ,programs #cada4 ,native ,american programs responding to the ,,covid-#ai national emergency 7a7 ,competitive grant awards ,as a result of challenges faced due to the ,,covid-#ai national emergency1 the ,secretary may extend1 by #a fiscal year1 the #d-year period for grants1 contracts1 and cooperative agreements that will be awarded in fiscal year #bjba under subsection 7c7 of section #aff of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba74 ,funds under such grants1 contracts1 and cooperative agreements shall be used to carry out the activities described in subsection 7d7 of such section #aff through fiscal year #bjbe4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section and activities as described in section #aff of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba7 #aej1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbe4 #cadb4 ,migrant and seasonal farmworker program response 7a7 ,competitive grant awards ,as a result of challenges faced due to the ,,covid-#ai national emergency1 the ,secretary may extend1 by #a fiscal year1 the #d-year period for grants and contracts that will be awarded in fiscal year #bjba under subsection 7a7 of section #afg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbb74 ,funds under such grants and contracts shall be used to carry out the activities described in subsection 7d7 of such section #afg through fiscal year #bjbe4 7b7 ,eligible migrant and seasonal farmworker ,notwithstanding the low-income requirement in the definition of eligible seasonal farmworker in section #afg7;i77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbb7;i77#c771 an individual seeking to enroll in a program funded under section #afg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbb7 during the ,,covid-#ai national emergency is eligible for such enrollment if such individual is a member of a family with a total family income equal to or less than #aej percent of the poverty line4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section and activities as described in section #afg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbb7 #aej1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #cadc4 ,youth,build activities responding to the ,,covid-#ai national emergency 7a7 ,in general ,in order to provide for the successful continuity of services and enrollment periods during the ,,covid-#ai national emergency1 the ,secretary shall-- 7#a7 make available1 from #bj percent of the funds appropriated under subsection 7c71 assistance to entities carrying out ,youth,build programs operating during the ,,covid-#ai national emergency and1 for the assistance made available to such an entity-- 7,a7 the assistance may be used for carrying out the activities under section #aga7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;c77#b772 and 7,b7 notwithstanding section #aga7;c77#b77;,d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;c77#b77;,d771 a portion equal to not more than #bj percent of the assistance may be used for the administrative costs of carrying out activities under section #aga7;c77#b7 of such ,act1 but all of such portion shall be used for such administrative costs related to responding to the ,,covid-#ai national emergency2 7#b7 after using funds in accordance with paragraph 7#a71 use #hj percent of the funds appropriated under subsection 7c7 to-- 7,a7 reserve and use funds in accordance with section #aga7;g77#b77;,b7 of such ,act 7#bi ,u4,s4,c4 #cbbf7;g77#b77;,b772 and 7,b7 award grants in accordance with section #aga7;c7 of such ,act 7#bi ,u4,s4,c4 #cbbf7;c771 which may be awarded as supplemental awards1 to eligible entities that received grants under such section #aga7;c7 for program year #bjai or #bjbj2 and 7#c7 provide for the flexibility described in subsection 7b7 for ,youth,build participants and entities carrying out ,youth,build programs4 7b7 ,flexibility 7#a7 ,in general ,during the ,,covid-#ai national emergency1 the ,secretary shall provide for flexibility for ,youth,build participants and entities carrying out ,youth,build programs1 including flexibility described in paragraphs 7#b7 and 7#c74 7#b7 ,eligibility ,notwithstanding the age requirements for enrollment under section #aga7;e77#a77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;e77#a77;,a77i771 an individual seeking to participate in a ,youth,build program and who will turn #be during the ,,covid-#ai national emergency is eligible for such participation4 7#c7 ,participation length ,notwithstanding section #aga7;e77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;e77#b771 the period of participation in a ,youth,build program may extend for more than #bd months for an individual participating in such program during the ,,covid-#ai national emergency1 as long as such extension does not exceed a #bd-month1 continuous period of enrollment after the ,,covid-#ai national emergency4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bej1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #cadd4 ,reentry employment opportunities responding to the ,,covid-#ai national emergency 7a7 ,in general ,the ,secretary shall-- 7#a7 not later than #cj days after the date of enactment of this ,act1 announce an opportunity to receive funds in accordance with section #afi7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7;b77 for the activities described in subsection 7b7 of this section2 and 7#b7 from the funds appropriated under subsection 7c71 not later than #de days after the date on which an entity submits an application that meets the requirements of the ,secretary under this section1 award funds under this section to such entity4 7b7 ,use of funds 7#a7 ,in general ,funds under this section shall be used to support reentry employment opportunities for justice system-involved youth or young adults1 formerly incarcerated adults1 and former offenders1 during and following the ,,covid-#ai national emergency1 with priority given to providing for subsidized employment and transitional jobs1 and creating stronger alignment between the opportunities and the workforce development system and participant supports under subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea et seq474 7#b7 ,grants for intermediaries 7,a7 ,reservation ,of the amount appropriated under subsection 7c71 the ,secretary shall reserve #hg1ejj1jjj for grants under this paragraph4 7,b7 ,grants ,the ,secretary shall make grants1 on a competitive basis1 to national and regional intermediaries for reentry employment opportunities described in paragraph 7#a7 that prepare young1 formerly incarcerated individuals described in paragraph 7#a71 including such individuals who have dropped out of school or other educational programs4 ,in making the grants1 the ,secretary shall give priority to intermediaries proposing projects serving high-crime1 high-poverty areas4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #cej1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #cade4 ,registered apprenticeship opportunities responding to the ,,covid-#ai national emergency 7a7 ,in general ,from the funds appropriated under subsection 7c71 the ,secretary shall award grants1 contracts1 or cooperative agreements to eligible entities on a competitive basis to create or expand apprenticeship programs1 which shall include pre-apprenticeship programs and youth apprenticeship programs4 7b7 ,use of funds ,in making awards under subsection 7a71 the ,secretary shall ensure that-- 7#a7 not less than #ej percent of the funds appropriated under subsection 7c7 shall be awarded to ,states in accordance with the award information described in the ,department of ,labor ,employment and ,training ,administration ,training and ,employment ,guidance ,letter ,no4 #ag-ah issued on ,may #c1 #bjai2 7#b7 the remaining funds appropriated under subsection 7c7 after funds are awarded under paragraph 7#a7 shall be used for supporting national industry and equity intermediaries1 and local intermediaries2 and 7#c7 funds awarded under this section shall be used for creating or expanding opportunities in apprenticeship programs1 including opportunities in pre-apprenticeship programs and youth apprenticeship programs1 and activities including-- 7,a7 providing supportive services2 7,b7 using recruitment and retention strategies for program participants with a priority for recruiting and retaining1 for programs1 a high number or high percentage of individuals with barriers to employment and individuals from populations traditionally underrepresented in apprenticeship programs2 7,c7 expanding apprenticeship opportunities in high-skill1 high-wage1 or in-demand industry sectors and occupations2 7,d7 paying for costs associated with related instruction1 or wages while participating in related instruction2 7,e7 improving educational alignment2 and 7,f7 encouraging employer participation4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ejj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #e ,adult ,education and ,literacy ,,covid-#ai ,national ,emergency ,response #caea4 ,definitions ,in this chapter1 the terms adult education1 adult education and literacy activities1 eligible agency1 eligible provider1 and integrated education and training have the meanings given the terms in section #bjc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbgb74 #caeb4 ,adult education and literacy response activities ,during the ,,covid-#ai national emergency1 an eligible agency may use funds available to such agency under paragraphs 7#b7 and 7#c7 of section #bbb7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bj ,u4,s4,c4 #ccjb7;a771 for the administrative expenses of the eligible agency related to transitions to online service delivery of adult education and literacy activities4 #caec4 ,distribution of funds 7a7 ,reservation of funds2 grants to eligible agencies ,from the amounts appropriated under subsection 7c71 the ,secretary shall-- 7#a7 reserve and use funds in accordance with section #baa7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbia72 and 7#b7 award grants to eligible agencies in accordance with section #baa7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbia71 ensuring that not less than #aj percent of the total funds awarded through those grants shall be used to provide adult education and literacy activities in correctional facilities4 7b7 ,uses of funds ,each eligible agency or eligible provider shall use the funds received through subsection 7a77#b7 to expand the capacity of adult education providers to prioritize serving adults with low literacy or numeracy levels negatively impacted by the economic consequences of the ,,covid-#ai national emergency1 which may include-- 7#a7 expanding the infrastructure needed for the provision of services and educational resources online or through digital means1 including the provision of technology or internet access to students and instructional staff to enable virtual or distance learning2 7#b7 creating or expanding digital literacy curricula and resources1 including professional development activities to aid instructional and program staff in providing online or digital training to students2 and 7#c7 equipping adult education providers to partner more closely with partners in workforce development systems on implementation strategies such as provision of integrated education and training to prepare adult learners on an accelerated timeline for high-skill1 high-wage1 or in-demand industry sectors and occupations4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1jjj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #f ,community ,college and ,industry ,partnership ,grants #cafa4 ,community college and industry partnership grants 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an eligible institution or a consortium of such eligible institutions1 which may include a multistate consortium of such eligible institutions4 7#b7 ,eligible institution ,the term eligible institution means a public institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 at which the highest degree that is predominantly awarded to students is an associate degree1 including a #b-year ,tribal ,college or ,university 7as defined in section #caf of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajei;c774 7#c7 ,perkins ,,cte definitions ,the terms career and technical education1 dual or concurrent enrollment program1 and work-based learning have the meanings given the terms in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7b7 ,grant authority 7#a7 ,in general ,from the funds appropriated under subsection 7h7 and not reserved under subsection 7f71 the ,secretary1 in collaboration with the ,secretary of ,education 7acting through the ,office of ,career1 ,technical1 and ,adult ,education7 shall award1 on a competitive basis1 grants1 contracts1 or cooperative agreements1 in accordance with section #afi7;b77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7;b77#e771 to eligible entities to assist such eligible entities in-- 7,a7 establishing and scaling career training programs1 including career and technical education programs1 and industry and sector partnerships to inform such programs2 and 7,b7 providing necessary student supports4 7#b7 ,award amounts ,the total amount of funds awarded under this section to an eligible entity shall not exceed-- 7,a7 in the case of an eligible entity that is an eligible institution1 #b1ejj1jjj2 and 7,b7 in the case of an eligible entity that is a consortium1 #ae1jjj1jjj4 7#c7 ,award period ,a grant1 contract1 or cooperative agreement awarded under this section shall be for a period of not more than #d years1 except that the ,secretary may extend such a grant1 contract1 or agreement for an additional #b-year period4 7#d7 ,equitable distribution ,in awarding grants under this section1 the ,secretary shall ensure1 to the extent practicable1 the equitable distribution of grants1 based on-- 7,a7 geography 7such as urban and rural distribution72 and 7,b7 ,states and local areas significantly impacted by the ,,covid-#ai national emergency4 7c7 ,priority ,in awarding funds under this section1 the ,secretary shall give priority to eligible entities that will use such funds to serve individuals impacted by the ,,covid-#ai national emergency1 as demonstrated by providing an assurance in the application submitted under subsection 7d7 that the eligible entity will use such funds to-- 7#a7 serve such individuals with barriers to employment1 veterans1 spouses of members of the ,armed ,forces1 ,native ,americans1 ,alaska ,natives1 ,native ,hawaiians1 or incumbent workers who are low-skilled and who need to increase their employability skills2 7#b7 serve such individuals from each major racial and ethnic group or gender with lower than average educational attainment in the ,state or employment in the in-demand industry sector or occupation that such award will support2 or 7#c7 serve areas with high unemployment rates or high levels of poverty1 including rural areas4 7d7 ,application ,an eligible entity seeking an award of funds under this section shall submit to the ,secretary an application containing a grant proposal at such time and in such manner1 and containing such information1 as required by the ,secretary1 including a detailed description of the following3 7#a7 ,each entity 7and the roles and responsibilities of each entity7 with which the eligible entity will partner to carry out activities under this section1 including each of the following3 7,a7 ,an industry or sector partnership representing a high-skill1 high-wage1 or in-demand industry sector or occupation4 7,b7 ,a ,state higher education agency or a ,state workforce agency4 7,c7 ,to the extent practicable-- 7i7 ,state or local workforce development systems2 7ii7 economic development and other relevant ,state or local agencies2 7iii7 one or more community-based organizations2 7iv7 one or more institutions of higher education that primarily award #d-year degrees with which the eligible institution has developed or will develop articulation agreements for programs created or expanded using funds under this section2 7v7 one or more providers of adult education2 and 7vi7 one or more labor organizations or joint labor-management partnerships4 7#b7 ,the programs that will be supported with such award1 including a description of-- 7,a7 each program that will be developed or expanded1 and how the program will be responsive to the high-skill1 high-wage1 or in-demand industry sectors or occupations in the geographic region served by the eligible entity under this section1 including-- 7i7 how the eligible entity will collaborate with employers to ensure each such program will provide the skills and competencies necessary to meet future employment demand2 and 7ii7 the quantitative data and evidence that demonstrates the extent to which each such program will meet the needs of employers in the geographic area served by the eligible entity under this section2 7,b7 the recognized postsecondary credentials to be awarded under each program described in subparagraph 7,a72 7,c7 how each such program will facilitate cooperation between representatives of workers and employers in the local areas to ensure a fair and engaging workplace that balances the priorities and well-being of workers with the needs of businesses2 7,d7 the extent to which each such program aligns with a statewide or regional workforce development strategy1 including such strategies established under section #ajb7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab7;b77#a772 and 7,e7 how the eligible entity will ensure the quality of each such program1 the career pathways within such programs1 and the jobs in the industry sectors or occupations to which the program is aligned4 7#c7 ,the extent to which the eligible entity can leverage additional resources1 and demonstration of the future sustainability of each such program4 7#d7 ,how each such program and activities carried out under the grant will include evidence-based practices1 including a description of such practices4 7#e7 ,the student populations that will be served by the eligible entity1 including-- 7,a7 an analysis of any barriers to employment or barriers to postsecondary education that such populations face1 and an analysis of how the services to be provided by the eligible entity under this section will address such barriers2 and 7,b7 how the eligible entity will support such populations to establish a work history1 demonstrate success in the workplace1 and develop the skills and competencies that lead to entry into and retention in unsubsidized employment4 7#f7 ,assurances the eligible entity will participate in and comply with third-party evaluations described in subsection 7f77#c74 7e7 ,use of funds 7#a7 ,in general ,an eligible entity shall use a grant awarded under this section to establish and scale career training programs1 including career and technical education programs1 and career pathways and supports for students participating in such programs4 7#b7 ,student support and emergency services ,not less than #ae percent of the grant awarded to an eligible entity under this section shall be used to carry out student support services which may include the following3 7,a7 ,supportive services1 including child care1 transportation1 mental health services1 substance use disorder prevention and treatment1 assistance in obtaining health insurance coverage1 housing1 and assistance in accessing the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf71 and other benefits1 as appropriate4 7,b7 ,connecting students to ,state or ,federal means-tested benefits programs1 including the means-tested ,federal benefits programs described in subparagraphs 7,a7 through 7,f7 of section #dgi7;d77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgss7d77#b774 7,c7 ,the provision of direct financial assistance to help students facing financial hardships that may impact enrollment in or completion of a program assisted with such funds4 7,d7 ,navigation1 coaching1 mentorship1 and case management services1 including providing information and outreach to populations described in subsection 7c7 to take part in a program supported with such funds4 7,e7 ,providing access to necessary supplies1 materials1 or technological devices1 and required equipment1 and other supports necessary to participate in such programs4 7#c7 ,additional required program activities ,the funds awarded to an eligible entity under this section that remain after carrying out paragraph 7#b7 shall be used to-- 7,a7 create1 develop1 or expand articulation agreements 7as defined in section #dhf;,a7a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajic;a7a7771 credit transfer agreements1 policies to award credit for prior learning1 corequisite remediation1 dual or concurrent enrollment programs1 career pathways1 and competency-based education2 7,b7 establish or expand industry or sector partnerships to develop or expand academic programs and curricula2 7,c7 establish or expand work-based learning opportunities1 including apprenticeship programs or paid internships2 7,d7 establish or implement plans for programs supported with funds under this section to be included on the eligible training provider1 as described under section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d772 7,e7 award academic credit or provide for academic alignment towards credit pathways for programs assisted with such funds1 including industry recognized credentials1 competency-based education1 or work-based learning2 7,f7 make available open1 searchable1 and comparable information on the recognized postsecondary credentials awarded under such programs1 including the related skills or competencies1 related employment1 and earnings outcomes2 or 7,g7 acquiring equipment necessary to support activities permitted under this section4 7f7 ,secretarial reservations ,not more than #e percent of the funds appropriated for a fiscal year may be used by the ,secretary for-- 7#a7 the administration of the program under this section1 including providing technical assistance to eligible entities2 7#b7 targeted outreach to eligible institutions serving a high number or high percentage of low-income populations1 and rural serving eligible institutions to provide guidance and assistance in the grant application process under this section2 and 7#c7 a rigorous1 third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether each eligible entity carrying out a program supported under this section has met the goals of such program as described in the application submitted by the eligible entity1 including through a national assessment of all such programs at the conclusion of each #d-year grant period4 7g7 ,reports and dissemination 7#a7 ,reports ,each eligible entity receiving funds under this section shall report to the ,secretary annually on-- 7,a7 a description of the programs supported with such funds1 including activities carried out directly by the eligible entity and activities carried out by each partner of the eligible entity described in subsection 7d77#a72 7,b7 data on the population served with the funds and labor market outcomes of populations served by the funds2 7,c7 resources leveraged by the eligible entity to support activities under this section2 and 7,d7 the performance of each such program with respect to the indicators of performance under section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i774 7#b7 ,dissemination ,each eligible entity receiving funds under this section shall-- 7,a7 participate in activities regarding the dissemination of related research1 best practices1 and technical assistance2 and 7,b7 to the extent practicable1 and as determined by the ,secretary1 make available to the public any materials created under the grant4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbe4 #g ,senior ,community ,service ,employment ,program #caga4 ,appropriations ,there is appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #adj1jjj1jjj to carry out title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq471 for each of fiscal years #bjba through #bjbe4 #h ,general ,provisions #cagf4 ,general provisions 7a7 ,supplement1 not supplant ,any ,federal funds provided under this subtitle shall be used only to supplement and not supplant the funds that would1 in the absence of such ,federal funds1 be made available from ,state or local public funds for adult education and literacy activities1 employment and training activities1 or other activities carried out under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq474 7b7 ,evaluations ,any activity or program carried out with funds provided under this subtitle shall be subject to the following3 7#a7 ,measurement with performance accountability indicators in accordance with section #aaf7;b77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77 or as provided as follows3 7,a7 ,with respect to an activity or program carried out under section #caca1 the measurement with performance accountability indicators shall be in accordance with section #aaf7;b77#b77;,a77ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77ii774 7,b7 ,with respect to an activity or program carried out under section #cadc1 the measurement with performance accountability indicators shall be in accordance with section #aaf7;b77#b77;,a77ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77ii774 7#b7 ,rigorous evaluation using research approaches appropriate to the level of development and maturity of the activity or program1 which evaluation may include random assignment or quasi-experimental impact evaluations1 implementation evaluations1 pre-experimental studies1 and feasibility studies1 including studies of job quality measures and credential transparency4 7c7 ,uses of funds ,from the funds appropriated under subsection 7d71 the ,secretary of ,labor shall-- 7#a7 support the administration of the funds under this subtitle and evaluation of activities and programs described in subsection 7b71 including by providing guidance and technical assistance to ,states and local areas2 7#b7 establish an interagency agreement with the ,secretary of ,education for-- 7,a7 coordination of funding priorities1 with other relevant ,federal agencies1 as applicable2 7,b7 dissemination and administration of grants and funding under this subtitle2 and 7,c7 execution of research and evaluation activities to minimize the duplication of efforts and job training investments2 7#c7 provide guidance to ,states and local areas on how to make1 and financial support to enable the ,states and local areas to make1 information on recognized postsecondary credentials and related competencies being awarded for activities carried out with funds under this subtitle publicly available1 searchable1 and comparable as linked open data2 7#d7 not later than #cj days after the date of enactment of this ,act1 issue guidance for implementing this subtitle in accordance with the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 and 7#e7 provide not less than #a1jjj1jjj for each fiscal year for the ,office of ,inspector ,general of the ,department of ,labor to oversee the administration and distribution of funds under this subtitle4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #ij1jjj1jjj to carry out this section for fiscal year #bjba1 to remain available through fiscal year #bjbe4 ,b ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf #cbja4 ,definitions and ,perkins ,,cte requirements 7a7 ,perkins ,,cte definitions and requirements ,except as otherwise provided1 in this subtitle-- 7#a7 the terms have the meanings given the terms in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb72 and 7#b7 an allotment1 allocation1 or other provision of funds made under this subtitle in accordance with a provision of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 shall be made in compliance with the applicable requirements of such ,act 7#bj ,u4,s4,c4 #bcja et seq474 7b7 ,other definitions ,in this subtitle3 7#a7 ,coronavirus ,the term coronavirus means coronavirus as defined in section #ejf of the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc74 7#b7 ,,covid-#ai national emergency ,the term ,,covid-#ai national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 on ,march #ac1 #bjbj1 with respect to the coronavirus4 #cbjb4 ,,covid-#ai career and technical education response flexibility 7a7 ,pooling of funds ,an eligible recipient may1 in accordance with section #ace7;c7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcee7;c771 pool a portion of funds received under such ,act with a portion of funds received under such ,act available to one or more eligible recipients to support the transition from secondary education to postsecondary education or employment for ,,cte participants whose academic year was interrupted by the ,,covid-#ai national emergency4 7b7 ,professional development ,during the ,,covid-#ai national emergency1 section #c7dj77;,b7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7dj77;,b77 shall apply as if sustained 7not stand-alone1 #a-;day1 or short-term workshops71 intensive1 collaborative1 job-embedded1 data-driven1 and classroom-focused1 were struck4 #cbjc4 ,perkins career and technical education 7a7 ,distribution of funds 7#a7 ,states ,from the amounts appropriated under subsection 7c71 the ,secretary shall make allotments to eligible agencies in accordance with section #aaa7;a77#c7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcba7;a77#c774 7#b7 ,local areas 7,a7 ,in general ,not later than #cj days after an eligible agency receives an allotment under paragraph 7#a71 the eligible agency shall make available such funds in accordance with section #aab7;a7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbb7;a771 including making such funds available for distribution to eligible recipients in accordance with sections #aca and #acb of such ,act4 7,b7 ,reserved funds ,an eligible agency that reserves funds in accordance with section #aab7;a77#a7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbb7;a77 to be used in accordance with section #aab7;c7 of such ,act1 may also use such reserved funds for digital1 physical1 or technology infrastructure related projects to improve career and technical education offerings within the ,state4 7b7 ,uses of funds ,each eligible agency and eligible recipient shall use the funds received under this section to carry out activities improving or expanding career and technical education programs and programs of study to adequately respond to ,state and local needs as a result of the ,,covid-#ai national emergency1 including-- 7#a7 expanding and modernizing digital1 physical1 or technology infrastructure to deliver in-person1 online1 virtual1 and simulated educational and work-based learning experiences2 7#b7 acquiring appropriate equipment1 technology1 supplies1 and instructional materials aligned with business and industry needs1 including machinery1 testing equipment1 tools1 hardware1 software1 and other new and emerging instructional materials2 7#c7 providing incentives to employers and ,,cte participants facing economic hardships due to the ,,covid-#ai national emergency to participate in work-based learning programs2 7#d7 expanding or adapting program offerings or supports based on an updated comprehensive needs assessment to systemically respond to employers' and ,,cte participants' changing needs as a result of the ,,covid-#ai national emergency2 or 7#e7 providing for professional development and training activities for career and technical education teachers1 faculty1 school leaders1 administrators1 specialized instructional support personnel1 career guidance and academic counselors1 and paraprofessionals to support activities carried out under this section4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1jjj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbc4 #cbjd4 ,general provisions 7a7 ,supplement1 not supplant ,any ,federal funds provided under this subtitle shall be used only to supplement the funds that would1 in the absence of such ,federal funds1 be made available from non-,federal sources for career and technical education programs or other activities carried out under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 and not to supplant such funds4 7b7 ,evaluations ,any activity or program carried out with funds received under this subtitle shall be subject to-- 7#a7 performance accountability indicators in accordance with section #aac of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbc72 and 7#b7 rigorous evaluation using research approaches appropriate to the level of development and maturity of the activity or program1 including random assignment or quasi-experimental impact evaluations1 implementation evaluations1 pre-experimental studies1 and feasibility studies1 including studying job quality measures and credential transparency4 7c7 ,uses of funds ,from the funds appropriated under subsection 7d71 the ,secretary shall-- 7#a7 support the administration of the funds for this subtitle and evaluation of such activities described in subsection 7b72 7#b7 establish an interagency agreement with the ,secretary of ,labor for-- 7,a7 coordinating funding priorities1 including with other relevant ,federal agencies1 including the ,department of ,health and ,human ,services2 7,b7 dissemination and administration of grants and funding under this subtitle2 and 7,c7 execution of research and evaluation activities to minimize the duplication of efforts and job training investments and facilitate greater blending and braiding of ,federal and non-,federal funds2 7#c7 not later than #cj days after the date of enactment of this ,act1 issue guidance for implementing this subtitle in accordance with the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq472 and 7#d7 provide not less than #bej1jjj for each fiscal year for the ,office of ,inspector ,general of the ,department of ,education to oversee the administration and distribution of funds under this subtitle4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbe4 ,c ,pandemic ,,tanf ,assistance #ccja4 ,emergency flexibility for ,state and ,tribal ,,tanf programs 7a7 ,suspension of requirements and penalties relating to the time limit for assistance1 work1 and certain other requirements 7#a7 ,in general ,during the applicable period-- 7,a7 sections #djg7;a71 #djg7;e77#a71 and #djh7;a77#g77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjg7;a71 #fjg7;e77#a71 #fjh7;a77#g77;,a77 shall have no force or effect2 7,b7 no penalty shall be imposed against an individual or the individual's family with respect to section #djg7;e77#a7 or #djh7;b77#c7 of such ,act 7#db ,u4,s4,c4 #fjg7;e77#a71 #fjh7;b77#c772 7,c7 a ,state shall not deny1 reduce1 or terminate assistance to a family because an individual does not comply with such section #djg7;e77#a7 or does not otherwise engage in work required by the ,state2 7,d7 a ,state shall not deny1 reduce1 or terminate assistance to an individual or the individual's family with respect to a failure to cooperate with completing the assessment required under section #djh7;b77#a7 of such ,act 7#db ,u4,s4,c4 #fjh7;b77#a772 7,e7 a ,state may defer a required assessment of the employability of an individual under section #djh7;b7 of such ,act 7#db ,u4,s4,c4 #fjh7;b77 to #ij days following the end of the applicable period2 7,f7 no condition on assistance for an individual or the individual's family shall be imposed in connection with enforcing penalties described in section #dji7;a77#e7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#e772 7,g7 no penalty shall be imposed against an individual or the individual's family with respect to section #djh7;a77#b7 of such ,act 7#db ,u4,s4,c4 #fjh7;a77#b772 and 7,h7 paragraphs 7#c71 7#e71 7#h71 7#i71 7#ad71 and 7#ae7 of section #dji7;a7 of such ,act 7#db ,u4,s4,c4 #fji7;a77 shall not apply with respect to any violation of a requirement described in such a paragraph that occurs during or with respect to the applicable period4 7#b7 ,tribal programs ,during the applicable period-- 7,a7 the minimum work participation requirements and time limits established under section #dab7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fab7;c77 shall have no force or effect2 7,b7 no penalty shall be imposed against an individual or the individual's family with respect to a violation of such requirements or limits2 7,c7 no condition on assistance for an individual or the individual's family shall be imposed in connection with enforcing penalties described in section #dji7;a77#e7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#e772 and 7,d7 the penalties established under such section #dab7;c7 shall not apply with respect to conduct engaged in during or with respect to the applicable period4 7b7 ,application to program enforcement provisions 7#a7 ,waiver of certain penalties ,the ,secretary shall not impose a penalty against a ,state or ,indian tribe under paragraph 7#c71 7#e71 7#h71 7#i71 7#ad71 or 7#ae7 of section #dji7;a7 of such ,act 7#db ,u4,s4,c4 #fji7;a77 with respect to any violation of a requirement described in such a paragraph that occurs during or with respect to the applicable period4 7#b7 ,corrective compliance plans ,if a ,state or ,indian tribe has a corrective compliance plan in effect during or with respect to the applicable period that involves a violation for which a penalty specified in paragraph 7#a7 would be imposed1 the ,secretary shall-- 7,a7 disregard the months occurring during the applicable period 7and any portion of such months7 for purposes of determining whether the ,state or ,indian tribe has not1 in a timely manner1 corrected or discontinued1 as appropriate1 the violation pursuant to the corrective compliance plan accepted by the ,secretary2 and 7,b7 consult with the ,state or ,indian tribe on modifications to the corrective compliance plan for how the ,state will correct or discontinue1 as appropriate1 the violation and how the ,state will ensure compliance with the requirements of part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 after the applicable period ends4 7c7 ,penalty for noncompliance 7#a7 ,in general ,subject to the succeeding provisions of this subsection1 if the ,secretary finds that during or with respect to the period that begins on the date of enactment of this section and ends on the date specified in section #ajf7c7 of division ,a of the ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 a ,state or an ,indian tribe has imposed a penalty waived under subsection 7a71 including denying1 reducing1 terminating1 or conditioning assistance under a program funded under part ,a of title ,,iv of the ,social ,security ,act or any program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#g77;,b77i7771 the ,secretary shall reduce the grant payable to the ,state under section #djc7;a77#a7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#a77 or the grant payable to the tribe under section #dab7;a77#a7 of such ,act 7#db ,u4,s4,c4 #fab7;a77#a77 for fiscal year #bjba by an amount equal to #e percent of the ,state or tribal family assistance grant 7as applicable74 7#b7 ,penalty based on severity of failure ,the ,secretary shall impose reductions under paragraph 7#a7 with respect to fiscal year #bjba based on the degree of noncompliance4 7#c7 ,application of aggregate penalty limit ,for purposes of section #dji7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fji7;d771 paragraph 7#a7 of this subsection shall be considered to be included in section #dji7;a7 of such ,act4 7d7 ,definitions ,in this section3 7#a7 ,applicable period ,the term applicable period means the period that begins on ,october #a1 #bjai1 and ends on the date specified in section #ajf7c7 of division ,a of the ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act4 7#b7 ,other terms ,each other term has the meaning given the term for purposes of part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 #ccjb4 ,coronavirus ,emergency ,assistance ,grants for ,low-,income ,families ,title ,,vi of the ,social ,security ,act 7#db ,u4,s4,c4 #hja et seq47 is amended by adding at the end the following3 #fjb4 ,coronavirus ,emergency ,assistance ,grants for ,low-,income ,families 7a7 ,in general ,subject to the succeeding provisions of this section1 each emergency grant ,state shall be entitled to receive from the ,secretary a grant pursuant to this section for fiscal year #bjba in the amount determined for the ,state under subsection 7b74 7b7 ,amount of grants 7#a7 ,in general ,subject to paragraphs 7#b71 7#c71 and 7#d71 the amount of the grant for an emergency grant ,state for the period described in subsection 7a7 shall be the amount equal to the product of-- 7,a7 the amount appropriated in paragraph 7#a7 of subsection 7h7 that remains after the application of paragraph 7#b7 of that subsection2 and 7,b7 the quotient of-- 7i7 the number of individuals in families with income below the poverty line in the ,state in the most recent year for which data are available from the ,bureau of the ,census2 and 7ii7 the number of individuals in families with income below the poverty line in all ,states 7other than ,states specified in subsection 7h77#b77;,a77 in such year4 7#b7 ,other ,states ,the amount of the grant for an emergency grant ,state specified in subsection 7h77#b77;,a7 shall be based on such poverty data as the ,secretary determines appropriate4 7#c7 ,redistribution of unused funds ,the ,secretary shall redistribute1 under a procedure and methodology the ,secretary determines appropriate1 funds available for payments to emergency grant ,states under this section for which1 as of ,july #cj1 #bjba1 ,states have not applied to be paid to other emergency grant ,states that apply for payment from such funds4 7#d7 ,inclusion of families of one ,for purposes of paragraphs 7#a71 7#b71 and 7#c71 in determining the number of individuals in families with income below the poverty line in a ,state1 the ,secretary shall take household composition into account and shall treat a single individual as a family of one1 without regard to whether the household of the individual is composed of more than one family4 7c7 ,use of funds 7#a7 ,in general ,an emergency grant ,state receiving a grant under this section shall only use the grant funds for the following3 7,a7 ,to provide short-term cash1 non-cash1 or in-kind emergency disaster relief 7as appropriate7 to-- 7i7 help eligible families address and avoid emergencies with respect to basic needs2 7ii7 prevent or remedy household emergencies of eligible families1 such as evictions1 foreclosures1 forfeitures1 and terminations of utility services2 and 7iii7 help eligible families address and avoid emergencies so that children may be cared for in their own homes or in the homes of relatives4 7,b7 ,to ensure the safety and well-being of all individuals during the period of a ,federal or ,state emergency declaration concerning ,coronavirus ,disease #bjai 7,,covid-#ai71 by providing subsidized jobs for individuals who are members of eligible families that can be performed remotely or are deemed essential 7with individuals provided proper personal protective equipment and complying with ,federal and ,state social distancing guidelines74 7,c7 ,to provide subsidized employment for individuals who are members of eligible families after the period of a ,federal or ,state emergency declaration concerning ,coronavirus ,disease #bjai 7,,covid-#ai7 ends 7when safe to do so1 taking into account the need to prevent the spread or reoccurrence of coronavirus74 7#b7 ,nondisplacement ,an emergency grant ,state receiving a grant under this section shall not use the grant funds to-- 7,a7 displace or replace an employee1 position1 or volunteer1 or to partially displace or replace an employee1 position or volunteer1 such as through a reduction in hours1 wages1 or employment benefits2 7,b7 displace or replace an employee participating in a strike1 collective bargaining or union activities1 or union organizing2 or 7,c7 displace or replace an employee who was furloughed or unable to work due to the public health emergency with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 7including due to illness1 measures taken to avoid infection1 or needing to provide care for another individual74 7#c7 ,nondiscrimination ,an emergency grant ,state receiving a grant under this section shall not employ any policies or practices that have the effect of making any eligible family less likely to receive assistance by reason of race1 sex1 religious creed1 national origin1 or political affiliation4 7#d7 ,protecting other benefits ,for purposes of any ,federal1 ,state1 or local law1 including those for purposes of public assistance programs and taxation1 any benefit provided under paragraph 7#a77;,a7 for an eligible family shall be treated as short-term1 non-cash1 in-kind emergency disaster relief without regard to the form in which the benefit is provided and shall be disregarded from income4 7d7 ,state letter of intent 7#a7 ,in general ,in order to receive a payment for a fiscal year quarter from the grant determined for an emergency grant ,state under this section1 a ,state shall submit a letter of intent to the ,secretary1 not later than #cj days before the first day of each such quarter 7or1 in the case of a quarter that has started or will start within #cj days of the date of enactment of this section1 a ,state shall submit a letter of intent to the ,secretary not later than #ae days after such date of enactment in order to receive an emergency grant for that quarter7 that-- 7,a7 specifies the amount of funds requested by the ,state for a quarter2 7,b7 describes how the ,state will use the funds to assist eligible families during the quarter2 and 7,c7 describes how funds provided will not supplant any existing expenditures or programs funded or administered by the ,state4 7#b7 ,public availability ,the ,state shall make the letter of intent submitted by the ,state under this subsection available to the public4 7#c7 ,no delay of payments2 hold harmless 7,a7 ,in general ,the ,secretary shall make payments by the applicable deadline under subsection 7f77#b7 to each ,state that submits a letter of intent for a quarter by the applicable deadline under paragraph 7#a71 without regard to whether the ,secretary has issued the guidance required under subsection 7f77#a74 7,b7 ,hold harmless ,a ,state that uses funds paid to the ,state for any quarter occurring prior to the issuance of the guidance required under subsection 7f77#a7 consistent with the letter of intent submitted by the ,state for the quarter and the ,state's good faith interpretation of the requirements of this section1 shall not be penalized under subsection 7f77#c7 or in any other manner if1 after such guidance is issued1 the ,secretary determines the ,state did not use the funds consistent with such guidance4 7e7 ,reports 7#a7 ,state reports ,not later than ,january #a1 #bjbb1 each emergency grant ,state shall submit a report to the ,secretary on how the ,state used the grant funds received by the ,state in such form and manner1 and containing such information1 as the ,secretary shall require4 7#b7 ,report to congress ,not later than ,september #cj1 #bjbb1 the ,secretary shall submit a report to ,congress on the grants made under this section based on the reports submitted under paragraph 7#a74 7f7 ,miscellaneous 7#a7 ,expedited implementation ,the ,secretary shall implement this section as quickly as reasonably possible1 pursuant to the issuance of appropriate guidance to ,states4 7#b7 ,timely distribution of grants 7,a7 ,initial payments ,not later than #cj days after the date of enactment of this section1 the ,secretary shall pay each ,state that is an emergency grant ,state as of such date1 the grant payable to such ,state for the #ast quarter of fiscal year #bjba4 7,b7 ,subsequent payments ,the ,secretary shall continue to make payments not later than the first day of each quarter to emergency grant ,states under this section for the #b;d1 #crd1 and #dth quarters of fiscal year #bjba4 7#c7 ,misuse of funds 7,a7 ,in general ,if the ,secretary determines that an emergency grant ,state has used grant funds received by the ,state in violation of the requirements of this section1 the ,state shall remit to the ,secretary an amount equal to the amount so used4 7,b7 ,application of appeal procedures ,section #daj shall apply to a determination by the ,secretary under subparagraph 7,a7 in the same manner as such section applies to an imposition of a penalty under section #dji4 7g7 ,definitions ,in this section3 7#a7 ,eligible families ,the term eligible family means a family 7including a family of one7-- 7,a7 whose monthly income1 as of the date on which the family applies for emergency disaster relief or subsidized employment1 does not exceed #bjj percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b772 and 7,b7 that has been adversely affected by the public health emergency with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 7including due to illness1 economic disruption1 measures taken to avoid infection1 or needing to provide care for another individual74 7#b7 ,emergency grant ,state ,the term emergency grant ,state means a ,state that submits a letter of intent containing the information specified in subsection 7d77#a7 to the ,secretary with respect to a fiscal year quarter by the submission deadline for such quarter4 7#c7 ,state ,the term ,state has the meaning given that term in section #dai7e7 and includes the ,commonwealth of the ,northern ,mariana ,islands and ,indian tribes as defined in section #dai7d74 7h7 ,appropriation 7#a7 ,in general ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated for fiscal year #bjba1 #aj1jjj1jjj1jjj for grants under this section1 to remain available until expended4 7#b7 ,reservation of funds 7,a7 ,certain territories ,the ,secretary shall reserve #e percent of the amount appropriated under paragraph 7#a7 for grants to ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,indian tribes 7as defined in section #dai7d774 7,b7 ,technical assistance ,the ,secretary shall reserve #ejj1jjj of the amount appropriated under paragraph 7#a7 to provide technical assistance to ,states and ,indian tribes with respect to the emergency grants made under this section4 4 ,d ,preventing ,child ,abuse and ,neglect #cdja4 ,,capta investments 7a7 ,appropriations 7#a7 ,in general ,there is appropriated to the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 out of amounts in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj for fiscal year #bjba1 for the purpose of providing additional funding for the ,state grant program under section #ajf of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;a74 7#b7 ,allotments ,the ,secretary shall make allotments out of the amounts appropriated under paragraph 7#a7 to each ,state and territory receiving an allotment under section #ajf7;f7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;a7f77 for fiscal year #bjbj1 in the same manner that amounts appropriated under section #aab of such ,act 7#db ,u4,s4,c4 #eajf;f77 are allotted to ,states in accordance with section #ajf7;f77#b7 of such ,act4 7#c7 ,children1 families1 and child welfare workers' health and safety ,the ,secretary shall allow each ,state to use amounts appropriated under paragraph 7#a7 and allocated under paragraph 7#b7 to cover costs that the ,state determines necessary to support child welfare workers in preventing1 investigating1 and treating child abuse and neglect in response to a qualifying emergency1 including for the purchase of personal protective equipment and sanitation supplies1 consistent with section #ajf of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;a74 7b7 ,child abuse prevention appropriation 7#a7 ,in general ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj for fiscal year #bjbj1 for the purpose of providing additional funding for the community-based grants for the prevention of child abuse and neglect under title ,,ii of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eaaf et seq474 7#b7 ,allotments ,the ,secretary shall make allotments out of the amounts appropriated under paragraph 7#a7 to each ,state receiving an allotment under section #bjc of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eaaf;b7 for fiscal year #bjbj1 in the same manner that amounts appropriated under section #bji of such ,act 7#db ,u4,s4,c4 #eaaf;i7 are allotted to ,states in accordance with section #bjc of such ,act1 except that1 in allotting amounts under this subsection-- 7,a7 in subsection 7a7 of such section #bjc1 #a percent shall be deemed to be #e percent2 7,b7 in subsection 7b77#a77;,a7 of such section #bjc1 #gj percent shall be deemed to be #ajj percent2 and 7,c7 subsections 7b77#a77;,b7 and 7c7 of such section #bjc shall not apply4 7#c7 ,community-based programs and activities health and safety ,the ,secretary shall allow each ,state lead entity to use amounts appropriated under paragraph 7#a7 and allocated to the ,state under paragraph 7#b7 to cover costs that the lead entity determines necessary to maintain the operation of community-based and prevention-focused programs and activities in the ,state in response to a qualifying emergency1 including for the purchase of personal protective equipment and sanitation supplies1 consistent with title ,,ii of ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eaaf et seq474 7#d7 ,no ,state matching requirement ,notwithstanding section #bjd7d7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eaaf;d7#d771 a ,state shall not be required to provide any additional funding for the program under title ,,ii of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eaaf et seq47 as a condition for receiving an allocation under paragraph 7#b74 7c7 ,in general ,any amount appropriated or made available under this section is in addition to other amounts appropriated or made available for the applicable purpose1 and shall remain available until expended4 ,e ,modernizing ,child ,support #ceja4 ,short title2 definition 7a7 ,short title ,this subtitle may be cited as the ,strengthening ,families for ,success ,act of #bjbj4 7b7 ,secretary defined ,in this subtitle1 the term ,secretary means the ,secretary of ,health and ,human ,services4 #a ,promoting ,responsible ,fatherhood and ,strengthening ,low-,income ,families #ceaa4 ,reauthorization of healthy marriage promotion and responsible fatherhood grants 7a7 ,voluntary participation 7#a7 ,assurance ,section #djc7;a77#b77;,a77ii77,,ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjc7;a77#b77;,a77ii77,,ii77 is amended-- 7,a7 in item 7aa71 by striking and after the semicolon2 7,b7 in item 7bb71 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following3 7cc7 if the entity is a ,state or an ,indian tribe or tribal organization1 to not condition the receipt of assistance under the program funded under this part1 under a program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i771 or under a program funded under part ,b or ,e of this title1 on enrollment or participation in any such programs2 and 7dd7 to permit any participant in a program or activity funded under this paragraph1 including an individual whose participation is specified in the individual responsibility plan developed for the individual in accordance with section #djh7;b71 to transfer to another such program or activity upon notification to the entity and the ,state agency responsible for administering the ,state program funded under this part4 4 7#b7 ,prohibition ,section #djh7;a7 of such ,act 7#db ,u4,s4,c4 #fjh7;a77 is amended by adding at the end the following3 7#ac7 ,ban on conditioning receipt of ,,tanf or certain other benefits on participation in a healthy marriage or responsible fatherhood program ,a ,state to which a grant is made under section #djc shall not condition the receipt of assistance under the ,state program funded under this part1 under a program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i771 or under a program funded under part ,b or ,e of this title1 on participation in a healthy marriage promotion activity 7as defined in section #djc7;a77#b77;,a77iii77 or in an activity promoting responsible fatherhood 7as defined in section #djc7;a77#b77;,c77ii774 4 7#c7 ,penalty ,section #dji7;a7 of such ,act 7#db ,u4,s4,c4 #fji7;a77 is amended by adding at the end the following3 7#ag7 ,penalty for conditioning receipt of ,,tanf or certain other benefits on participation in a healthy marriage or responsible fatherhood program ,if the ,secretary determines that a ,state has violated section #djh7;a77#ac7 during a fiscal year1 the ,secretary shall reduce the grant payable to the ,state under section #djc7;a77#a7 for the immediately succeeding fiscal year by an amount equal to #e percent of the ,state family assistance grant4 4 7b7 ,alignment of entities eligible for grants and technical assistance ,section #djc7;a77#b7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b77 is further amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by inserting territories1 after ,states12 and 7,b7 by adding at the end the following3 7iv7 ,eligible entities ,states1 territories1 ,indian tribes and tribal organizations1 public or private entities1 and nonprofit community entities1 including religious organizations1 are eligible to be awarded funds made available under this paragraph for the purpose of carrying out healthy marriage promotion activities1 for the purpose of carrying out activities promoting responsible fatherhood1 or for both such purposes4 7v7 ,territory defined ,for purposes of awarding funds under this paragraph1 the term territory means the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 2 and 7#b7 in subparagraph 7,c77i71 by striking and public and inserting public or private entities14 7c7 ,territory and tribal set-,aside2 elimination of preference provision ,section #djc7;a77#b77;,e7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b77;,e77 is amended to read as follows3 7,e7 ,funding for territories and ,indian tribes and tribal organizations 7i7 ,in general ,of the amounts made available under subparagraph 7,d7 for a fiscal year1 not less than ten of the awards made by the ,secretary of such funds for fiscal year #bjba or any fiscal year thereafter for the purpose of carrying out healthy marriage promotion activities1 activities promoting responsible fatherhood1 or both1 7excluding any award under subparagraph 7,b77i7 for any fiscal year71 shall be made to a territory or an ,indian tribe or tribal organization4 7ii7 ,clarification of eligibility of tribal consortiums ,a tribal consortium of ,indian tribes or tribal organizations may be awarded funds under this paragraph for the purpose of carrying out healthy marriage promotion activities1 activities promoting responsible fatherhood1 or both4 4 7d7 ,activities promoting responsible fatherhood ,section #djc7;a77#b77;,c77ii7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b77;,c77ii77 is amended-- 7#a7 in subclause 7,i71 by striking marriage or sustain marriage and inserting healthy relationships and marriages or to sustain healthy relationships or marriages2 7#b7 in subclause 7,,ii71 by inserting educating youth who are not yet parents about the economic1 social1 and family consequences of early parenting1 helping participants in fatherhood programs work with their own children to break the cycle of early parenthood1 after child support payments12 and 7#c7 in subclause 7,,iii7-- 7,a7 by striking fathers and inserting parents 7with priority for low-income noncustodial parents72 and 7,b7 by inserting employment training for both parents and for other family members1 after referrals to local employment training initiatives14 7e7 ,ensuring healthy marriage promotion and responsible fatherhood activities can be offered during public health emergencies 7#a7 ,in general ,section #djc7;a77#b77;,a77ii77,i7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b77;,a77ii77,i77 is amended-- 7,a7 in each of items 7aa7 and 7bb71 by striking and after the semicolon2 and 7,b7 by adding at the end the following3 7cc7 how1 and the extent to which1 funds awarded will be used by the entity for technology and access to broadband in order to carry out healthy marriage promotion activities1 activities promoting responsible fatherhood1 or both1 remotely during a public health emergency2 and 7dd7 how the entity will sustain continuity of critical services1 specifying the scope of the critical services to be maintained1 and the ability of the entity to be able to resume providing such services within #c weeks of the beginning of a public health emergency or other incident that compromises the ability of the entity to deliver such services in-person1 by telephone1 or virtually2 and 4 7#b7 ,public health emergency defined ,section #djc7;a77#b77;,a7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b77;,a77 is further amended-- 7,a7 by redesignating clauses 7iv7 and 7v7 7as added by subsection 7b77#a77 as clauses 7v7 and 7vi71 respectively2 and 7,b7 by inserting after clause 7iii7 the following3 7iv7 ,public health emergency defined ,in clause 7ii71 the term public health emergency means-- 7,i7 a national or public health emergency declared by the ,president or the ,secretary1 including-- 7aa7 a major disaster relating to public health declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 7bb7 an emergency relating to public health declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia72 or 7cc7 a public health emergency declared by the ,secretary under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 or 7,,ii7 an emergency relating to public health that has been declared by a ,governor or other appropriate official of any ,state1 the ,district of ,columbia1 or commonwealth1 territory1 or locality of the ,united ,states4 4 7f7 ,measuring outcomes for eligible families ,section #djc7;a77#b7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b771 as amended by the preceding subsections of this section1 is further amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7ii7-- 7i7 in subclause 7,i77dd71 by striking and after the semicolon2 7ii7 in subclause 7,,ii7-- 7,i7 in item 7cc71 by striking and after the semicolon2 7,,ii7 in item 7dd71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7ee7 to submit the report required under clause 7vi72 and 2 and 7iii7 by adding at the end the following3 7,,iii7 provides1 subject to the approval of the ,secretary1 for evaluations of the activities carried out using each grant made under this paragraph that satisfy the requirements of subparagraph 7,f74 2 and 7,b7 by adding at the end the following3 7vii7 ,requirements relating to outcomes for measuring improvements 7,i7 ,report on improvements after #c years ,not later than #cj days after the end of the #crd year in which an eligible entity conducts programs or activities with funds made available under this paragraph1 the entity shall submit a report to the ,secretary demonstrating the extent to which the programs and activities carried out with such funds made quantifiable1 measurable improvements in the areas identified in the entity's application in accordance with clause 7ii77,,iii74 7,,ii7 ,technical assistance ,the ,secretary shall provide technical assistance to help the eligible entity develop and implement ways to evaluate and improve outcomes for eligible families4 ,the ,secretary may provide the technical assistance directly or through grants1 contracts1 or cooperative agreements4 7,,iii7 ,advisory panel ,the ,secretary shall establish an advisory panel for purposes of obtaining recommendations regarding the technical assistance provided to entities in accordance with subclause 7,,ii74 7,,iv7 ,final report ,not later than ,december #ca of the first calendar year that begins after ,october #a of the #eth consecutive fiscal year for which an eligible entity conducts programs or activities with funds made available under this paragraph1 and every #eth such fiscal year thereafter 7beginning with funds awarded for fiscal year #bjba71 the eligible entity shall submit a report to the ,secretary demonstrating the extent to which the programs and activities carried out with such funds made quantifiable1 measurable improvements in the areas identified in the entity's application for funding for such #e fiscal years4 7,v7 ,report to ,congress ,not later than ,march #ca1 #bjbf1 and annually thereafter1 the ,secretary shall submit a report to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate on the programs and activities carried out with funds made available under this paragraph based on the most recent final reports submitted under subclause 7,,iv74 ,each report submitted under this subclause shall identify the programs and activities carried out with funds made available under this paragraph which made quantifiable1 measurable improvements and in which outcome areas4 2 and 7#b7 by adding at the end the following new subparagraph3 7,f7 ,evaluation requirements 7i7 ,in general ,for purposes of subparagraph 7,a77ii77,,iii71 an evaluation satisfies the requirements of this subparagraph if-- 7,i7 the evaluation is designed to-- 7aa7 build evidence of the effectiveness of the activities carried out using each grant made under this paragraph2 7bb7 determine the lessons learned 7including barriers to success7 from such activities2 and 7cc7 to the extent practicable1 help build local evaluation capacity1 including the capacity to use evaluation data to inform continuous program improvement2 and 7,,ii7 the evaluation includes research designs that encourage innovation and reflect the nature of the activities undertaken1 successful implementation efforts1 and the needs of the communities1 without prioritizing efficacy research over effectiveness research4 7ii7 ,randomized controlled trials ,an evaluation conducted in accordance with subparagraph 7,a77ii77,,iii7 and this subparagraph may1 but shall not be required to1 include a randomized controlled trial4 7iii7 ,outcomes ,outcomes of interest for an evaluation conducted in accordance with subparagraph 7,a77ii77,,iii7 and this subparagraph shall include1 but are not limited to1 the following3 7,i7 ,relationship quality between custodial and non-custodial parents4 7,,ii7 ,family economic wellbeing1 including receipt of public benefits and access to employment services and education4 7,,iii7 ,payment of child support by non-custodial parents1 non-financial contributions1 and involvement in child-related activities4 7,,iv7 ,parenting skills or parenting quality4 7,v7 ,health and mental health outcomes of parents4 7,,vi7 ,quality and frequency of contact between children and non-custodial parents4 7,,vii7 ,reduction in crime or domestic violence4 7,,viii7 ,prevention of child injuries1 child abuse1 neglect1 or maltreatment1 and reduction of emergency department visits4 7,,ix7 ,coordination and referrals for other community resources and supports4 4 7g7 ,authority for substitution grantees ,section #djc7;a77#b77;,a7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b77;,a771 as amended by subsections 7b77#a71 7e77#b71 and 7f77#b71 is further amended-- 7#a7 in clause 7ii71 in the matter preceding subclause 7,i71 by striking ,the ,secretary and inserting ,except as provided in clause 7viii71 the ,secretary2 and 7#b7 by adding at the end the following3 7viii7 ,authority for substitute entities ,if1 after being awarded funds under this paragraph for a fiscal year for the purpose of carrying out healthy marriage promotion activities1 activities promoting responsible fatherhood1 or both1 an entity becomes unable to continue to carry out such activities for the duration of the award period1 the ,secretary may select another entity to carry out such activities with the funds from the initial award that remain available for obligation1 for the remainder of the initial award period4 ,the ,secretary shall make any such selection from among applications submitted by other entities for funding to carry out the same activities as the activities for which the initial award was made1 and may base the criteria for making such a selection on the objectives specified in the announcement of the opportunity to apply for the initial award funds4 4 7h7 ,reauthorization ,section #djc7;a77#b77;,d7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b77;,d77 is amended to read as follows3 7,d7 ,appropriation 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated for each of fiscal years #bjba through and #bjbe for expenditure in accordance with this paragraph-- 7,i7 #ge1jjj1jjj for awarding funds for the purpose of carrying out healthy marriage promotion activities2 and 7,,ii7 #ge1jjj1jjj for awarding funds for the purpose of carrying out activities promoting responsible fatherhood4 7ii7 ,demonstration projects for coordination of provision of child welfare and tanf services to tribal families at risk of child abuse or neglect ,if the ,secretary makes an award under subparagraph 7,b77i7 for any fiscal year1 the funds for such award shall be taken in equal portion from the amounts appropriated under subclauses 7,i7 and 7,,ii7 of clause 7i74 7iii7 ,research2 technical assistance ,the ,secretary may use #j4e percent of the amounts appropriated under each of subclauses 7,i7 and 7,,ii7 of clause 7i71 respectively1 for the purpose of conducting and supporting research and demonstration projects by public or private entities1 and providing technical assistance to ,states1 ,indian tribes and tribal organizations1 and such other entities as the ,secretary may specify that are receiving a grant under another provision of this part4 4 #b ,improving ,resources for ,domestic ,violence and ,family ,strengthening #ceba4 ,best practices for coordination of policy to address domestic violence and family engagement ,the ,secretary shall develop a coordinated policy to address domestic violence and family strengthening that-- 7#a7 establishes criteria and best practices for coordination and partnership between domestic violence shelter and service organizations and responsible fatherhood and healthy marriage promotion programs2 7#b7 not later than #abj days after the date of enactment of this ,act1 issue guidance containing such criteria and best practices2 and 7#c7 update and reissue such criteria and best practices at least once every #e years4 #cebb4 ,grants supporting healthy family partnerships for domestic violence intervention and prevention ,section #djc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjc7;a77 is amended by adding at the end the following new paragraph3 7#f7 ,grants supporting healthy family partnerships for domestic violence intervention and prevention 7,a7 ,in general ,the ,secretary shall award grants on a competitive basis to healthy family partnerships to build capacity for1 and facilitate such partnerships4 7,b7 ,use of funds ,funds made available under a grant awarded under this paragraph may be used for staff training1 the provision of domestic violence intervention and prevention services1 and the dissemination of best practices for-- 7i7 assessing and providing services to individuals and families affected by domestic violence1 including through caseworker training1 the provision of technical assistance to other community partners1 the implementation of safe visitation and exchange programs1 and the implementation of safe child support procedures2 or 7ii7 preventing domestic violence1 particularly as a barrier to economic security1 and fostering healthy relationships4 7,c7 ,application ,the respective entity and organization of a healthy family partnership entered into for purposes of receiving a grant under this paragraph shall submit a joint application to the ,secretary1 at such time and in such manner as the ,secretary shall specify1 containing-- 7i7 a description of how the partnership intends to carry out the activities described in subparagraph 7,b71 including a detailed plan for how the entity and organization comprising the partnership will collaborate2 7ii7 an assurance that funds made available under the grant shall be used to supplement1 and not supplant1 other funds used by the entity or organization to carry out programs1 activities1 or services described in subparagraph 7,b72 and 7iii7 such other information as the ,secretary may require4 7,d7 ,general rules governing use of funds ,neither the rules of section #djd 7other than subsection 7b7 of that section71 nor section #dag shall apply to a grant made under this paragraph4 7,e7 ,definitions ,in this paragraph3 7i7 ,domestic violence ,the term domestic violence means violence between intimate partners1 which involves any form of physical violence1 sexual violence1 stalking1 or psychological aggression1 by a current or former intimate partner4 7ii7 ,healthy family partnership ,the term healthy family partnership means a partnership between-- 7,i7 an entity receiving funds under-- 7aa7 a grant made under paragraph 7#b7 to promote healthy marriage or responsible fatherhood2 or 7bb7 the pilot program established under section #dfi;,c2 and 7,,ii7 a domestic violence shelter and service organization4 7,f7 ,appropriation ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated for each of fiscal years #bjbb through #bjbe1 #be1jjj1jjj to carry out this paragraph4 4 #cebc4 ,procedures to address domestic violence 7a7 ,in general ,section #djc7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjc7;a77#b771 as amended by subsections 7c7 and 7h7 of section #ceaa1 is amended-- 7#a7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,f7 and 7,g71 respectively2 and 7#b7 by inserting after subparagraph 7,c7 the following3 7,d7 ,requirements for receipt of funds ,an entity may not be awarded a grant under this paragraph unless the entity1 as a condition of receiving funds under such a grant-- 7i7 agrees to coordinate with the ,state domestic violence coalition 7as defined in section #cjb7aa7 of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdjb7aa772 7ii7 identifies in its application for the grant the domestic violence shelter and service organization at the local1 ,state1 or national level with whom the entity will partner with respect to the development and implementation of the programs and activities of the entity2 7iii7 describes in such application how the programs or activities proposed in the application will address1 as appropriate1 issues of domestic violence1 and contains a commitment by the entity to consult with experts in domestic violence or relevant domestic violence shelter and service organizations in the community in developing the programs and activities2 7iv7 describes in such application the roles and responsibilities of the entity and the domestic violence shelter and service organization1 including with respect to training1 cross-trainings for each entity1 development of protocols using comprehensive and evidence-based practices and tools1 and reporting1 and the resources that each partner will be responsible for bringing to the program2 7v7 on award of the grant1 and in consultation with the domestic violence shelter and service organization1 develops and submits to the ,secretary for approval1 a written protocol using comprehensive and evidence-based practices and tools which describes-- 7,i7 how the entity will identify instances or risks of domestic violence among participants in the program and their families2 7,,ii7 the procedures for responding to such instances or risks1 including making service referrals1 assisting with safety planning1 and providing protections and other appropriate assistance for identified individuals and families2 7,,iii7 how confidentiality issues will be addressed2 and 7,,iv7 the training on domestic violence that will be provided to ensure effective and consistent implementation of the protocol2 7vi7 describes the entity's plan to build the capacity of program staff and other partners to address and communicate with parents about domestic violence2 7vii7 provides an assurance that the program staff will include a domestic violence coordinator to serve as the lead staff person on domestic violence for the entity 7which may be funded with funds made available under the grant72 and 7viii7 in an annual report to the ,secretary1 includes a description of the domestic violence protocols1 and a description of any implementation issues identified with respect to domestic violence and how the issues were addressed4 7,e7 ,domestic violence defined ,in this paragraph1 the term domestic violence means violence between intimate partners1 which involves any form of physical violence1 sexual violence1 stalking1 or psychological aggression1 by a current or former intimate partner4 4 7b7 ,conforming amendments ,section #djc7;a77#b7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b771 is further amended-- 7#a7 in subparagraph 7,a77i7-- 7,a7 by striking and 7,e7 and inserting 7,d71 and 7,g72 and 7,b7 by striking 7,d7 and inserting 7,f72 and 7#b7 in subparagraphs 7,b77i7 and 7,c77i71 by striking 7,d7 each place it appears and inserting 7,f74 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjba4 #c ,modernization of ,child ,support ,enforcement #ceca4 ,pilot program to stay automatic child support enforcement against non-custodial parents participating in a healthy marriage or responsible fatherhood program 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a pilot program to test whether the impact of staying automatic child support enforcement and cost recovery efforts improves family outcomes in cases under the ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 while a non-custodial parent participates in a healthy marriage or responsible fatherhood program carried out under section #djc7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjc7;a77#b771 under a program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#g77;,b77i7771 or under any other program funded with non-,federal funds4 ,while a child's non-custodial parent is participating in a healthy marriage or responsible fatherhood program that is part of the pilot program established under this section1 an eligible entity participating in the pilot program-- 7,a7 shall not apply paragraph 7#c7 of section #djh7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjh7;a77 to a family of a child receiving assistance under the ,state program funded under part ,a of title ,,iv of such ,act 7#db ,u4,s4,c4 #fja et seq472 7,b7 shall not refer the child's case to the ,state program funded under part ,d of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fea et seq47 or apply a penalty against the child's family based on the custodial parent's noncooperation with child support activities with respect to the child under paragraph 7#b7 of section #djh7;a7 of such ,act 7#db ,u4,s4,c4 #fjh7;a771 but shall provide an exception to the custodial parent pursuant to section #ded7bi77;,a7 of such ,act 7#db ,u4,s4,c4 #fed7bi77;,a772 7,c7 shall not be subject to penalties under section #dji7;a77#e7 of such ,act 7#db ,u4,s4,c4 #fji7;a77#e772 7,d7 notwithstanding subparagraph 7,b71 any such individual shall retain the right to apply for child support services under section #ded7d77;,a77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fed7d77;,a77ii77 with respect to a child of the individual2 7,e7 if the child has an open child support case with the ,state agency responsible for administering the ,state plan under part ,d of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fea et seq471 such ,state agency1 shall suspend any activity to establish or enforce a support order with respect to the child 7other than to establish the paternity of the child71 and monthly child support obligations shall be suspended and shall not accrue1 but only if both parents of the child agree in writing to the suspension2 and 7,f7 if child support activities are suspended in a case by agreement of both parents in accordance with subparagraph 7,e71 may exclude the case in determining applicable percentages based on ,state performance levels under section #deh of the ,social ,security ,act 7#db ,u4,s4,c4 #feh;a71 and the ,secretary shall disregard the case in determining whether the ,state data submitted to the ,secretary are complete and reliable for purposes of that section and section #deb of such ,act 7#db ,u4,s4,c4 #feb74 7#b7 ,eligible entity ,in this section1 the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 or 7,c7 an ,indian tribe or tribal organization 7as defined in subsections 7e7 and 7l7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 that receives direct payments from the ,secretary under section #dee7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fee7;f77 or has entered into a cooperative agreement with a ,state under section #ded7cc7 of such ,act 7#db ,u4,s4,c4 #fed7cc774 7#c7 ,application1 selection of eligible entities 7,a7 ,application 7i7 ,in general ,to participate in the pilot program1 an eligible entity shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7ii7 ,required information ,an application to participate in the pilot program shall include-- 7,i7 an outline of the healthy marriage or responsible fatherhood programs that the eligible entity will partner with for the purposes of participating in the pilot program1 including a description of each the eligibility and participation criteria for each such program2 7,,ii7 the goals1 strategies1 and desired outcomes of the eligible entity's proposed participation in the pilot program2 and 7,,iii7 such other information as the ,secretary shall require4 7,b7 ,selection of eligible entities ,not later than ,september #cj1 #bjba1 the ,secretary shall select at least #aj eligible entities to participate in the pilot program4 7#d7 ,duration of pilot program ,the ,secretary shall conduct the pilot program during the #d-year period that begins with fiscal year #bjbb and ends with fiscal year #bjbe4 7#e7 ,data collection and reporting ,throughout the pilot period1 an eligible entity participating in the pilot program shall collect and report to the ,secretary such data related to the entity's participation in the pilot program as the ,secretary shall require4 7b7 ,,gao report 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall study the implementation and impact of the pilot program established under subsection 7a74 7#b7 ,report ,not later than ,january #a1 #bjbf1 the ,comptroller ,general shall submit a report to ,congress on the results of the study required under paragraph 7#a7 that includes information on the following3 7,a7 ,how ,state agencies responsible for administering the ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 and the ,state agency responsible for administering the ,state plan under part ,d of title ,,iv of such ,act 7#db ,u4,s4,c4 #fea et seq47 designate healthy marriage or responsible fatherhood programs as eligible programs for purposes of the pilot program and what types of organizations have programs so designated1 including whether such programs are funded under a grant made under section #djc7;a77#b7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b771 under a program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i77 of such ,act 7#db ,u4,s4,c4 #fji7;a77#g77;,b77i7771 or under any other program funded with non-,federal funds4 7,b7 ,the types of activities and services designated programs provide1 including the extent to which any such activities and services are intended for domestic violence victims and survivors4 7,c7 ,an assessment of how the designated programs compare to other entities receiving a grant under section #djc7;a77#b7 of such ,act 7#db ,u4,s4,c4 #fjc7;a77#b771 under a program funded with qualified ,state expenditures 7as defined in section #dji7;a77#g77;,b77i77 of such ,act 7#db ,u4,s4,c4 #fji7;a77#g77;,b77i7771 or under any other program funded with non-,federal funds1 with respect to the information described in subparagraphs 7,a7 and 7,b74 7,d7 ,recommendations for such administrative or legislative action as the ,comptroller ,general determines appropriate4 #cecb4 ,closure of certain child support enforcement cases ,section #ded7d77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fed7d77;,a77 is amended-- 7#a7 by striking clause 7i7 and inserting the following3 7i7 a child living apart from one or both parents for whom 7,i7 assistance is provided under the ,state program funded under part ,a of this title1 7,,ii7 benefits or services for foster care maintenance are provided under the ,state program funded under part ,e of this title1 7,,iii7 medical assistance is provided under the ,state plan approved under title ,,xix1 or 7,,iv7 cooperation is required pursuant to section #f7l77#a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7l77#a77 unless1 in accordance with paragraph 7#bi71 good cause or other exceptions exist1 or in the event that the ,state agency becomes aware after opening a child support case upon referral from another program that both parents of the child comprise an intact #b-parent household 7even if a parent is temporarily living elsewhere71 and neither parent has applied for child support services under clause 7ii71 in which case the ,state agency shall notify the referring program and each parent that the case will be closed within #fj days of the date of such notice unless either parent contacts the ,state agency and requests that the case remain open2 and 2 and 7#b7 in clause 7ii71 by inserting living apart from one or both parents after any other child4 #d ,parenting time services pilot program #ceda4 ,parenting time services pilot program ,part ,d of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fea et seq47 is amended by adding at the end the following3 #dfi;,c4 ,parenting time services pilot program 7a7 ,establishment 7#a7 ,in general ,not later than ,june #cj1 #bjba1 the ,secretary shall establish a pilot program 7referred to in this section as the pilot program7 to provide payments to ,state1 local1 and tribal agencies responsible for administering the program under this part 7referred to in this section as eligible entities7 for carrying out the activities described in subsection 7d7 for the purpose of promoting the inclusion of uncontested parenting time agreements in child support orders4 ,expenditures for activities carried out by a ,state1 local1 or tribal agency participating in the pilot program shall be treated as expenditures authorized under the ,state or tribal plan approved under this part1 without regard to whether such expenditures would otherwise be a permissible use of funds under such plan4 7#b7 ,no budget neutrality required ,no budget neutrality requirement shall apply to the pilot program4 7b7 ,application1 selection of eligible entities1 and duration 7#a7 ,application 7,a7 ,in general ,to participate in the pilot program1 an eligible entity shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7,b7 ,required information ,an application to participate in the pilot program shall include the following3 7i7 ,the identity of the courts or judicial or administrative agencies with which the eligible entity will coordinate activities carried out under the pilot program4 7ii7 ,the identity of the local1 ,state1 or national level domestic violence shelter and service organization with which the eligible entity will partner with to develop and implement the procedures to address domestic violence required under subsection 7d74 7iii7 ,a description of the role and responsibilities of each of such partner with respect to developing and implementing the procedures required under subsection 7d71 and of the resources that each partner will contribute to developing and implementing such procedures4 7iv7 ,such other information as the ,secretary shall require4 7#b7 ,selection of eligible entities ,not later than ,september #cj1 #bjba1 the ,secretary shall select at least #ab eligible entities to participate in the pilot program1 at least two of which shall be tribal agencies described in subsection 7b74 7#c7 ,duration of pilot program ,the ,secretary shall conduct the pilot program during the #e-year period that begins with fiscal year #bjbb and ends with fiscal year #bjbf4 7c7 ,authorized activities ,an eligible entity participating in the pilot program shall carry out the following activities3 7#a7 ,establishing parent time plans in conjunction with the establishment of a child support order4 7#b7 ,coordinating with the custodial and non-custodial parent when establishing a parent time plan4 7#c7 ,supervising and facilitating parents' visitation and access to their children1 including virtual visitation in situations where in-person visitation is not practicable4 7#d7 ,providing parents with legal information and referrals related to parenting time4 7#e7 ,coordinating with domestic violence shelter and service organizations4 7#f7 ,employing a staff member to serve as a domestic violence coordinator4 7#g7 ,such other activities related to promoting the inclusion of uncontested parenting time agreements in child support orders as the ,secretary may approve4 7d7 ,program requirements ,as a condition of receiving payments under the pilot program1 an eligible entity shall meet the following requirements3 7#a7 ,procedures to address domestic violence ,not later than #c months after the eligible entity is selected to participate in the pilot program1 the eligible entity1 in consultation with the ,state domestic violence coalition 7as defined in section #cjb7aa7 of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdjb7aa777 and the domestic violence shelter and service organization with which the entity is partnering1 shall do the following3 7,a7 ,develop1 and submit to the ,secretary for approval1 written protocols for use by the eligible entity in carrying out activities under the pilot program that are based on comprehensive and evidence-based practices and tools for-- 7i7 identifying instances of domestic violence and situations where there is a risk of domestic violence2 7ii7 responding to any instances of domestic violence and situations where there is a risk of domestic violence that are so identified1 including by making referrals to domestic violence intervention and prevention services1 assisting with safety planning1 and providing protections and other appropriate assistance to individuals and families who are victims or potential victims of domestic violence2 7iii7 addressing confidentiality issues related to identifying and responding to instances of domestic violence and situations where there is a risk of domestic violence2 and 7iv7 providing domestic violence awareness and intervention and prevention training to ensure the effective and consistent implementation of the protocols developed under this subparagraph4 7,b7 ,build the capacity of the staff of the eligible entity and the domestic violence shelter and service organization partner of the entity to communicate with parents about domestic violence4 7,c7 ,appoint a staff member of the eligible entity or the domestic violence shelter and service organizations to serve as the domestic violence coordinator for purposes of the activities carried out under the pilot program4 7,d7 ,submit a final report to the ,secretary describing-- 7i7 the protocols established by the eligible entity to address domestic violence2 and 7ii7 any issues that the eligible entity encountered in implementing such protocols and if so1 how the eligible entity addressed such issues4 7#b7 ,data collection and reporting ,throughout the pilot period1 an eligible entity participating in the pilot program shall collect and report to the ,secretary such data related to the entity's participation in the pilot program as the ,secretary shall require4 7e7 ,payments to eligible entities 7#a7 ,in general ,for each quarter during the pilot period described in subsection 7b77#c71 the ,secretary shall pay to each eligible entity participating in the pilot program an amount equal to the applicable percentage specified in paragraph 7#b7 of the amounts expended by the entity during the quarter to carry out the pilot program4 ,such payments shall be made in addition to1 and as part of1 the quarterly payment made to the eligible entity under section #dee7;a77#a74 ,amounts expended by an eligible entity participating in the pilot program shall be treated as amounts expended for a purpose for which a quarterly payment is available under section #dee7;a77#a77;,a71 without regard to whether payment would otherwise be available under such section in the absence of the pilot program 7and subject to the application of the applicable percentage for such quarter under paragraph 7#b7 in lieu of the percentage that would otherwise apply under such section 7if any774 7#b7 ,applicable percentage ,the applicable percentage specified in this paragraph is-- 7,a7 in the case of payments made for the first #h quarters of the pilot period1 #ajj percent2 and 7,b7 in the case of payments made for each subsequent quarter of the pilot period1 #ff percent 7#hj percent in the case of an eligible entity that is a tribal agency74 7#c7 ,sunset for payments ,in no case may payments be provided by the ,secretary for amounts expended by an eligible entity to carry out the pilot program for any quarter of a fiscal year after fiscal year #bjbf4 7f7 ,evaluation of pilot program 7#a7 ,in general ,the ,secretary shall conduct 7directly or by grant1 contract1 or interagency agreement7 a comprehensive evaluation of the pilot program that satisfies the requirements of this subsection4 7#b7 ,deadline ,not later than #a year after the pilot program ends1 the ,secretary shall submit to ,congress a report containing the results of such comprehensive evaluation4 7#c7 ,evaluation requirements 7,a7 ,in general ,a comprehensive evaluation satisfies the requirements of this subsection if-- 7i7 the evaluation is designed to identify successful activities for creating opportunities for developing and sustaining parenting time to-- 7,i7 build evidence of the effectiveness of such activities2 7,,ii7 determine the lessons learned 7including barriers to success7 from such activities2 and 7,,iii7 to the extent practicable1 help build local evaluation capacity1 including the capacity to use evaluation data to inform continuous program improvement2 and 7ii7 the evaluation includes research designs that encourage innovation and reflect the nature of the activities undertaken1 successful implementation efforts1 and the needs of the communities1 without prioritizing efficacy research over effectiveness research4 7,b7 ,randomized controlled trials ,a comprehensive evaluation conducted in accordance with this subsection may1 but shall not be required to1 include a randomized controlled trial4 7#d7 ,report requirements ,the report on the comprehensive evaluation conducted in accordance with this subsection shall include the following3 7,a7 ,an assessment of the process used to assist parents in developing and establishing parenting time agreements and the number of parenting time agreements established during the pilot program4 7,b7 ,an assessment of the impact of the pilot program on child support payment outcomes1 including payment behaviors such as the amount of monthly payments1 the frequency of monthly payments1 and the frequency and type of non-financial assistance4 7,c7 ,an assessment of the access barriers to establishing and complying with parenting time agreements1 and the effectiveness of methods used by the pilot projects to address barriers4 7,d7 ,an assessment of the impact of the pilot program on co-parenting quality4 7,e7 ,an assessment of the impact of the pilot program on relationships between custodial and non-custodial parents4 7,f7 ,an assessment of the impact of the pilot program on relationships between non-custodial parents and their children4 7,g7 ,data on the incidence and prevalence of domestic violence between custodial and non-custodial parents during the course of the pilot program4 7,h7 ,a detailed description of the procedures used to address incidents of domestic violence between custodial and non-custodial parents during the course of the pilot program4 7,i7 ,an assessment of the impact of the pilot program on increasing custodial and non-custodial parents' knowledge about domestic violence4 7#e7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary to carry out this subsection #a1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 7g7 ,domestic violence defined ,in this section1 the term domestic violence means violence between intimate partners1 which involves any form of physical violence1 sexual violence1 stalking1 or psychological aggression1 by a current or former intimate partner4 4 #e ,improvements to the child support pass-,through requirements #ceea4 ,child support pass-through program improvements 7a7 ,pass-,through of all current support amounts and arrearages collected for current and former ,,tanf families ,section #deg of the ,social ,security ,act 7#db ,u4,s4,c4 #feg7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking and 7e7 and inserting 1 7e71 7f71 and 7g72 and 7#b7 by adding at the end the following3 7f7 ,distribution of current support amount and arrearages collected for ,,tanf families 7#a7 ,,tanf families ,subject to subsections 7d71 7e71 and 7g71 beginning ,october #a1 #bjbc-- 7,a7 paragraph 7#a7 of subsection 7a7 shall no longer apply to the distribution of amounts collected on behalf of a ,,tanf family as support by a ,state pursuant to a plan approved under this part2 7,b7 the ,state shall pay to a ,,tanf family all of the current support amount collected by the ,state on behalf of the family and all of any excess amount collected on behalf of the family to the extent necessary to satisfy support arrearages2 and 7,c7 for purposes of determining eligibility for1 and the amount and type of1 assistance from the ,state under the ,state program funded under part ,a1 the ,state shall disregard the current support amount paid to a ,,tanf family and shall disregard the current support amount paid to any family that is an applicant for assistance under the ,state program funded under part ,a4 7#b7 ,former ,,tanf families 7,a7 ,in general ,subject to subsections 7e7 and 7g71 beginning ,october #a1 #bjbe-- 7i7 subsection 7a77#b7 shall no longer apply to the distribution of amounts collected on behalf of a former ,,tanf family as support by a ,state pursuant to a plan approved under this part or to support obligations assigned by the family2 and 7ii7 the ,state shall pay to a former ,,tanf family all of the current support amount collected by the ,state on behalf of the family and all of any excess amount collected on behalf of the family to the extent necessary to satisfy support arrearages 7and the ,state shall treat amounts collected pursuant to an assignment by the family as if the amounts had never been assigned and shall distribute the amounts to the family in accordance with subsection 7a77#d774 7,b7 ,state option for earlier implementation ,a ,state may elect to apply subparagraph 7,a7 to the distribution of amounts collected on behalf of a former ,,tanf family as support by a ,state pursuant to a plan approved under this part beginning on the first day of any quarter of fiscal year #bjbd or #bjbe4 7#c7 ,definitions ,in this subsection3 7,a7 ,,tanf family ,the term ,,tanf family means a family receiving assistance from the ,state under the ,state program funded under part ,a4 7,b7 ,former ,,tanf family ,the term former ,,tanf family means a family that formerly received assistance from the ,state under the ,state program funded under part ,a4 7,c7 ,excess amount ,the term excess amount means1 with respect to amounts collected by a ,state as support on behalf of a family1 the amount by which such amount collected exceeds the current support amount4 4 7b7 ,temporary increase in matching rate ,section #dee7;a77#c7 of such ,act 7#db ,u4,s4,c4 #fee7;a77#c77 is amended to read as follows3 7#c7 7,a7 ,the ,secretary shall pay to each ,state1 for each quarter of fiscal years #bjbb and #bjbc1 #ij percent of so much of the ,state expenditures described in paragraph 7#a77;,b7 for the quarter as the ,secretary finds are for a system meeting the requirements specified in sections #ded7af7 and #ded;,a4 7,b7 ,in the case of a ,state which elects the option under subparagraph 7,b7 of section #deg7;f77#b7 to apply subparagraph 7,a7 of that section to the distribution of amounts collected on behalf of a former ,,tanf family 7as defined in subparagraph 7,b7 of section #deg7;f77#c77 as support by a ,state pursuant to a plan approved under this part beginning on the first day of any quarter of fiscal year #bjbd or #bjbe1 the ,secretary shall pay to the ,state for each quarter of fiscal year #bjbd and #bjbe for which such an election has been made1 #ij percent of so much of the ,state expenditures described in paragraph 7#a77;,b7 for the quarter as the ,secretary finds are for a system meeting the requirements specified in sections #ded7af7 and #ded;,a4 7,c7 ,this paragraph shall not apply to ,state expenditures described in paragraph 7#a77;,b7 for any quarter beginning on or after ,september #cj1 #bjbd 7,september #cj1 #bjbc1 in the case of a ,state that does not elect the option described in subparagraph 7,b774 4 7c7 ,transition to elimination of excepted portion for pass-,through disregard option 7#a7 ,in general ,subparagraph 7,b7 of section #deg7;a77#f7 of such ,act 7#db ,u4,s4,c4 #feg7;a77#f77 is amended to read as follows3 7,b7 ,families that currently receive assistance under part ,a ,during each of fiscal years #bjba1 #bjbb1 and #bjbc1 in the case of a family that receives assistance from the ,state under the ,state program funded under part ,a1 a ,state shall not be required to pay to the ,federal ,government the ,federal share of an amount collected on behalf of a family receiving assistance from the ,state under the ,state program funded under part ,a to the extent that the ,state-- 7i7 pays the amount to the family2 and 7ii7 disregards all of the amount collected that does not exceed the current support amount for purposes of determining the family's eligibility for1 and the amount and type of1 assistance from the ,state under the ,state program funded under part ,a4 4 7#b7 ,conforming amendment ,section #deg7;a77#f7 of such ,act 7#db ,u4,s4,c4 #feg7;a77#f77 is amended in the heading1 by inserting 2 transition to elimination of excepted portion after participation4 7d7 ,amounts collected on behalf of families receiving foster care maintenance payments 7#a7 ,in general ,section #deg of such ,act 7#db ,u4,s4,c4 #feg7 as amended by subsection 7a71 is further amended by adding at the end the following3 7g7 ,distribution of amounts collected on behalf of a child for whom foster care maintenance payments are being made 7#a7 ,in general ,beginning ,october #a1 #bjbc-- 7,a7 subsection 7e7 shall no longer apply to the distribution of amounts collected by a ,state as child support for months in any period on behalf of a child for whom a public agency is making foster care maintenance payments under part ,e2 7,b7 with respect to the current support amount collected by the ,state on behalf of the child1 the ,state shall elect to-- 7i7 pay such amount to a foster parent of the child or a kinship caregiver for the child whenever practicable1 or to the person responsible for meeting the child's day-to-day needs2 or 7ii7 deposit such amount in a savings account to be used for the child's future needs in the event of the child's reunification with family from which the child was removed 7including for reunification services for the child and family72 7,c7 to the extent any amount collected exceeds the current support amount and1 after the beginning of the period in which a public agency began making foster care maintenance payments under part ,e on behalf of the child1 support arrearages have accrued with respect to the child1 the ,state shall deposit such excess amount into a savings account to be used for the child's future needs2 and 7,d7 when the child is returned to the family from which the child was removed1 or placed for adoption1 with a legal guardian1 or1 if adoption or legal guardianship is determined not to be safe and appropriate for a child1 in some other planned1 permanent living arrangement1 any amount in such savings account shall-- 7i7 if the child has attained age #ah1 be transferred to the child2 or 7ii7 if the child has not attained age #ah1 be maintained in such account until the child attains such age1 and shall be transferred to the child when the child attains such age4 7#b7 ,administration ,the ,state agency responsible for administering the program under this part shall be responsible for the distribution under this subsection of amounts collected on behalf of a child for whom a public agency is making foster care maintenance payments under part ,e4 4 7#b7 ,,gao report 7,a7 ,study ,the ,comptroller ,general of the ,united ,states shall study the implementation and impact of the requirements for distribution of amounts collected on behalf of a child for whom foster care maintenance payments are being made under subsection 7g7 of section #deg of the ,social ,security ,act 7#db ,u4,s4,c4 #feg7 as added by paragraph 7#a74 7,b7 ,report ,not later than ,january #a1 #bjbg1 the ,comptroller ,general shall submit a report to ,congress on the results of the study required under paragraph 7#a7 that includes information on the following3 7i7 ,a description of how ,states have elected to implement the distribution requirements of such subsection1 including with respect to the choices ,states make regarding how much of current support amounts are paid to foster families1 saved in the event of a child's reunification with the family from which the child was removed1 or saved for the child's future needs4 7ii7 ,a description of how ,states distribute or use amounts saved in the event of a child's reunification with the family from which the child was removed1 including the extent to which such amounts are used to provide reunification services for the child and family or distributed in full to the family4 7iii7 ,recommendations regarding best practices regarding distributions made under such subsection1 along with recommendations for such administrative or legislative action as the ,comptroller ,general determines appropriate4 7e7 ,discontinuation of support assignments 7#a7 ,termination of ,,tanf requirement to assign support rights to the ,state ,paragraph 7#c7 of section #djh7;a7 of such ,act 7#db ,u4,s4,c4 #fjh7;a77 is amended to read as follows3 7#c7 ,no assistance for families not assigning certain support rights to the ,state 7,a7 ,in general ,with respect to each of fiscal years #bjba1 #bjbb1 and #bjbc1 subject to section #deg7;b77#c71 a ,state to which a grant is made under section #djc shall require1 as a condition of paying assistance to a family under the ,state program funded under this part1 that a member of the family assign to the ,state any right the family member may have 7on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance7 to support from any other person1 not exceeding the total amount of assistance so paid to the family1 which accrues during the period that the family receives assistance under the program4 7,b7 ,sunset ,subparagraph 7,a7 shall not apply to any ,state or family after ,september #cj1 #bjbc4 4 7#b7 ,state option to discontinue support assignments under ,,tanf before fiscal year #bjbc ,section #deg7;b7 of such ,act 7#db ,u4,s4,c4 #feg7;b77 is amended by adding at the end the following3 7#c7 ,state ,option to ,discontinue ,support ,assignments under part ,a before termination of requirement ,a ,state may elect for any or all of fiscal years #bjba through #bjbc1 to-- 7,a7 not require the assignment of support obligations under section #djh7;a77#c77;,a7 as a condition of paying assistance to a family under the ,state program funded under part ,a2 and 7,b7 discontinue the assignment of a support obligation described in such section1 and treat amounts collected pursuant to the assignment as if the amounts had never been assigned and distribute the amounts to the family4 4 7f7 ,elimination of option ,to apply former distribution rules for families formerly receiving assistance 7#a7 ,in general ,section #ded of such ,act 7#db ,u4,s4,c4 #fed7 is amended-- 7,a7 in paragraph 7#cb77;,c71 by adding and after the semicolon2 7,b7 in paragraph 7#cc71 by striking 2 and and inserting a period2 and 7,c7 by striking paragraph 7#cd74 7#b7 ,effective date ,the amendments made by paragraph 7#a7 take effect on ,october #a1 #bjbc4 7g7 ,conforming amendments 7#a7 ,section #ded;,b7c77#a7 of such ,act 7#db ,u4,s4,c4 #fed;b7c77#a77 is amended by striking #deg7;a7 and inserting #deg4 7#b7 ,section #deg of such ,act 7#db ,u4,s4,c4 #feg71 as amended by subsections 7a7 and 7d71 is further amended-- 7,a7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking subsection 7a7 and inserting subsections 7a71 7f71 and 7g72 and 7,b7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking ,notwithstanding the preceding provisions of this section1 amounts and inserting ,subject to subsection 7g71 amounts4 #ceeb4 ,ban on recovery of ,medicaid costs for births 7a7 ,in general ,section #ded of the ,social ,security ,act 7#db ,u4,s4,c4 #fed7 is amended-- 7#a7 by striking and at the end of paragraph 7#cc72 7#b7 by striking the period at the end of paragraph 7#cd7 and inserting 2 and2 and 7#c7 by inserting after paragraph 7#cd7 the following3 7#ce7 provide that the ,state shall not use the ,state program operated under this part to collect any amount owed to the ,state by reason of costs incurred under the ,state plan approved under title ,,xix for the birth of a child for whom support rights have been assigned pursuant to section #aiab4 4 7b7 ,clarification that ban on recovery does not apply with respect to insurance of a parent with an obligation ,to pay child support ,section #aijb7;a77#be77;,f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#be77;,f77 is amended-- 7#a7 in clause 7i71 by striking care42 and inserting care2 and2 and 7#b7 in clause 7ii71 by inserting only if such third-party liability is derived through insurance1 before seek4 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section take effect on ,october #a1 #bjbe4 7#b7 ,state option for earlier application ,a ,state may elect for the amendments made by this section to take effect with respect to the ,state plans under part ,d of title ,,iv and title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #fga et seq42 #acif et seq47 on the first day of any quarter of fiscal years #bjba through #bjbe4 #ceec4 ,improving ,state documentation and reporting of child support collection data 7a7 ,state plan requirement ,paragraph 7#aj7 of section #ded7aj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fed7aj77 is amended to read as follows3 7#aj7 provide that the ,state will-- 7,a7 maintain a full record of collections and disbursements made under the plan and have an adequate reporting system2 and 7,b7 document outcomes with respect to each child support obligation that is enforced by the ,state1 including monthly support payment amounts 7distinguishing between full monthly payments and partial monthly payments7 and the frequency of monthly support payments for each such case and include information on such outcomes in the annual report required under paragraph 7#ae72 4 7b7 ,inclusion in annual report by the ,secretary ,section #deb7;a77#aj77;,a7 of such ,act 7#db ,u4,s4,c4 #feb7;a77#aj77;,a77 is amended-- 7#a7 in clause 7ii71 by striking and after the semicolon2 7#b7 in clause 7iii77,,ii71 by adding and after the semicolon2 and 7#c7 by adding at the end the following3 7iv7 information on the documented outcomes with respect to each child support obligation that was enforced under a ,state plan approved under this part during the fiscal year1 as required under paragraph 7#aj7 of section #ded and included in the annual report required under paragraph 7#ae7 of that section2 4 #f ,program ,flexibility ,during the ,,covid-#ai ,pandemic #cefa4 ,emergency ,,tanf flexibility 7a7 ,in general ,with respect to the period that begins on ,march #a1 #bjbj1 and ends ,september #cj1 #bjba3 7#a7 ,sections #djh7;a77#b71 #dji7;a77#e71 and #dji7;a77#h7 of the ,social ,security ,act shall have no force or effect4 7#b7 ,notwithstanding section #dff7;d7 of such ,act1 the ,secretary may exempt a ,state from any requirement of section #dff of such ,act to respond to the ,,covid-#ai pandemic1 except that the ,secretary may not exempt a ,state from any requirement to-- 7,a7 provide a parent with notice of a right to request a review and1 if appropriate1 adjustment of a support order2 or 7,b7 afford a parent the opportunity to make such a request4 7#c7 ,the ,secretary may not impose a penalty or take any other adverse action against a ,state pursuant to section #deb7;g77#a7 of such ,act for failure to achieve a paternity establishment percentage of less than #ij percent4 7#d7 ,the ,secretary may not find that the paternity establishment percentage for a ,state is not based on reliable data for purposes of section #deb7;g77#a7 of such ,act1 and the ,secretary may not determine that the data which a ,state submitted pursuant to section #deb7;a77#d77;,c77i7 of such ,act and which is used in determining a performance level is not complete or reliable for purposes of section #deh7;b77#e77;,b7 of such ,act1 on the basis of the failure of the ,state to submit ,,ocse ,form #cif or #cd in a timely manner4 7#e7 ,the ,secretary may not impose a penalty or take any other adverse action against a ,state for failure to comply with section #ded;,b7c77#a7 or #ded;,a7g77#a77;,a77i7 of such ,act4 7#f7 ,the ,secretary may not disapprove a ,state plan submitted pursuant to part ,d of title ,,iv of such ,act for failure of the plan to meet the requirement of section #ded7a7 of such ,act1 and may not impose a penalty or take any other adverse action against a ,state with such a plan that meets that requirement for failure to comply with that requirement4 7#g7 ,to the extent that a preceding provision of this section applies with respect to a provision of law applicable to a program operated by an ,indian tribe or tribal organization 7as defined in subsections 7e7 and 7l7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 that preceding provision shall apply with respect to the ,indian tribe or tribal organization4 7#h7 ,any increase in the ,federal medical assistance percentage for a ,state resulting from the application of this subsection shall not be taken into account for purposes of calculating the ,federal share of assigned collections paid by the ,state to the ,federal ,government under section #deg of the ,social ,security ,act 7#db ,u4,s4,c4 #feg74 7b7 ,state defined ,in subsection 7a71 the term ,state has the meaning given the term in section #aaja7;a7 of the ,social ,security ,act for purposes of title ,,iv of such ,act4 7c7 ,technical correction ,section #fjjh of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acif;d note7 is amended by adding at the end the following3 7e7 ,scope of application ,an increase in the ,federal medical assistance percentage for a ,state under this section shall not be taken into account for purposes of calculating the ,federal share of assigned collections paid by the ,state to the ,federal ,government under section #deg of the ,social ,security ,act 7#db ,u4,s4,c4 #feg74 4 7d7 ,state performance year for incentive payments ,notwithstanding section #deh of the ,social ,security ,act 7#db ,u4,s4,c4 #feh;a71 the data which a ,state submitted pursuant to section #ded7ae77;,b7 of such ,act 7#db ,u4,s4,c4 #fed7ae77;,b77 for fiscal year #bjai and which the ,secretary has determined is complete and reliable shall be used to determine the performance level for each measure of ,state performance specified in section #deh7;b77#d7 of such ,act for each of fiscal years #bjbj and #bjba4 #cefb4 #bjbj recovery rebates not subject to reduction or offset with respect to past-due support 7a7 ,in general ,section #bbja7;d77#b7 of the ,,cares ,act is amended by inserting 7c71 before 7d74 7b7 ,effective date ,the amendment made by this section shall apply to credits and refunds allowed or made after the date of the enactment of this ,act4 #cefc4 ,protection of #bjbj recovery rebates 7a7 ,in general ,subsection 7d7 of section #bbja of the ,,cares ,act 7,public ,law #aaf-acf71 as amended by section #cefb1 is further amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c71 and by moving such subparagraphs #b ems to the right2 7#b7 by striking reduction or offset4--,any credit and inserting 8reduction1 offset1 garnishment1 etc4-- 7#a7 ,in general ,any credit 2 and 7#c7 by adding at the end the following new paragraphs3 7#b7 ,assignment of benefits 7,a7 ,in general ,the right of any person to any applicable payment shall not be transferable or assignable1 at law or in equity1 and no applicable payment shall be subject to1 execution1 levy1 attachment1 garnishment1 or other legal process1 or the operation of any bankruptcy or insolvency law4 7,b7 ,encoding of payments ,as soon as practicable1 but not earlier than #aj days after the date of the enactment of this paragraph1 in the case of an applicable payment that is paid electronically by direct deposit through the ,automated ,clearing ,house 7,,ach7 network1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall-- 7i7 issue the payment using a unique identifier that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment1 and 7ii7 further encode the payment pursuant to the same specifications as required for a benefit payment defined in section #bab4c of title #ca1 ,code of ,federal ,regulations4 7,c7 ,garnishment 7i7 ,encoded payments ,in the case of a garnishment order received after the date that is #aj days after the date of the enactment of this paragraph and that applies to an account that has received an applicable payment that is encoded as provided in subparagraph 7,b71 a financial institution shall follow the requirements and procedures set forth in part #bab of title #ca1 ,code of ,federal ,regulations1 except a financial institution shall not1 with regard to any applicable payment1 be required to provide the notice referenced in sections #bab4f and #bab4g of title #ca1 ,code of ,federal ,regulations4 ,this paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the ,department of ,treasury or the ,internal ,revenue ,service as per part #baj of title #ca of the ,code of ,federal ,regulations4 7ii7 ,other payments ,if a financial institution receives a garnishment order1 other than an order that has been served by the ,united ,states or an order that has been served by a ,federal1 ,state1 or local child support enforcement agency1 that has been received by a financial institution after the date that is #aj days after the date of the enactment of this paragraph and that applies to an account into which an applicable payment that has not been encoded as provided in subparagraph 7,b7 has been deposited electronically or by an applicable payment that has been deposited by check on any date in the lookback period1 the financial institution1 upon the request of the account holder1 shall treat the amount of the funds in the account at the time of the request1 up to the amount of the applicable payment 7in addition to any amounts otherwise protected under part #bab of title #ca1 ,code of ,federal ,regulations71 as exempt from a garnishment order without requiring the consent of the party serving the garnishment order or the judgment creditor4 7iii7 ,liability ,a financial institution that acts in good faith in reliance on clauses 7i7 or 7ii7 shall not be subject to liability or regulatory action under any ,federal or ,state law1 regulation1 court or other order1 or regulatory interpretation for actions concerning any applicable payments4 7,d7 ,definitions ,for purposes of this paragraph-- 7i7 ,account holder ,the term account holder means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account4 7ii7 ,account review ,the term account review means the process of examining deposits in an account to determine if an applicable payment has been deposited into the account during the lookback period4 ,the financial institution shall perform the account review following the procedures outlined in section #bab4e of title #ca1 ,code of ,federal ,regulations and in accordance with the requirements of section #bab4f of title #ca1 ,code of ,federal ,regulations4 7iii7 ,applicable payment ,the term applicable payment means any payment of credit or refund by reason of section #fdbh of the ,internal ,revenue ,code of #aihf 7as so added7 or by reason of subsection 7c7 of this section4 7iv7 ,garnishment ,the term garnishment means execution1 levy1 attachment1 garnishment1 or other legal process4 7v7 ,garnishment order ,the term garnishment order means a writ1 order1 notice1 summons1 judgment1 levy1 or similar written instruction issued by a court1 a ,state or ,state agency1 a municipality or municipal corporation1 or a ,state child support enforcement agency1 including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account1 to effect a garnishment against a debtor4 7vi7 ,lookback period ,the term lookback period means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier1 or on the last date of the month two months earlier if the corresponding date does not exist4 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #g ,effective ,date #cega4 ,effective date 7a7 ,in general ,except as otherwise provided in this subtitle1 the amendments made by this subtitle shall take effect on the date of enactment of this ,act and shall apply to payments under parts ,a and ,d of title ,,iv of the ,social ,security ,act for calendar quarters beginning on or after such date1 and without regard to whether regulations to implement the amendments 7in the case of ,state programs operated under such part ,d7 are promulgated by such date4 7b7 ,exception for ,state plans requiring ,state law amendments ,in the case of a ,state plan under part ,a or ,d of title ,,iv of the ,social ,security ,act which the ,secretary determines requires ,state legislation in order for the plan to meet the additional requirements imposed by the amendments made by this subtitle1 the effective date of the amendments imposing the additional requirements shall be #c months after the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of the enactment of this ,act4 ,for purposes of the preceding sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 ,,iv ,capital and support for small businesses ,a ,more lending to small businesses in communities of color #daja4 ,community advantage loan program ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 is amended by adding at the end the following3 7#cg7 ,community ,advantage ,loan ,program 7,a7 ,purposes ,the purposes of the ,community ,advantage ,loan ,program are-- 7i7 to create a mission-oriented loan guarantee program that builds on the demonstrated success of the ,community ,advantage ,pilot ,program of the ,administration1 as established in #bjaa1 to reach more underserved small business concerns2 7ii7 to increase lending to small business concerns in underserved and rural markets1 including veterans and members of the military community1 and small business concerns owned and controlled by socially and economically disadvantaged individuals 7as defined in section #h7;d77#c77;,c771 women1 and startups2 7iii7 to ensure that the program under this subsection 7in this paragraph referred to as the #g7;a7 loan program7 is more inclusive and more broadly meets congressional intent to reach borrowers who are unable to get credit elsewhere on reasonable terms and conditions2 7iv7 to help underserved small business concerns become bankable by utilizing the small-dollar financing and business support experience of mission-oriented lenders2 7v7 to allow certain mission-oriented lenders1 primarily nonprofit financial intermediaries focused on economic development in underserved markets1 access to guarantees for loans under this subsection 7in this paragraph referred to as #g7;a7 loans7 of not more than #cej1jjj and provide management and technical assistance to small business concerns as needed2 7vi7 to provide certainty for the lending partners that make loans under this subsection and to attract new lenders2 and 7vii7 to encourage collaboration between mission-oriented and conventional lenders under this subsection in order to support underserved small business concerns4 7,b7 ,definitions ,in this paragraph-- 7i7 the term covered institution means-- 7,i7 a development company1 as defined in section #ajc of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffb71 participating in the #ejd ,loan ,guaranty program established under title ,v of that ,act 7#ae ,u4,s4,c4 #fie et seq472 7,,ii7 a nonprofit intermediary1 as defined in subsection 7m77#aa71 participating in the microloan program under subsection 7m72 7,,iii7 a non-,federally regulated entity certified as a community development financial institution by the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a772 and 7,,iv7 an eligible intermediary1 as defined in subsection 7l77#a71 participating in the ,intermediary ,lending ,program established under subsection 7l77#b72 7ii7 the term new business means a small business concern that has been existence for not more than #b years2 7iii7 the term program means the ,community ,advantage ,loan ,program established under subparagraph 7,c72 7iv7 the term ,reservist means a member of a reserve component of the ,armed ,forces named in section #ajaja of title #aj1 ,united ,states ,code2 7v7 the term rural area has the meaning given the term in subsection 7m77#aa72 7vi7 the term service-connected has the meaning given the term in section #aja of title #ch1 ,united ,states ,code2 7vii7 the term small business concern in an underserved market means a small business concern-- 7,i7 that is located in-- 7aa7 a low-income or moderate-income community2 7bb7 a ,h,u,b,zone1 as defined in section #ca7;b72 7cc7 a community that has been designated as an empowerment zone or an enterprise community under section #acia of the ,internal ,revenue ,code of #aihf2 7dd7 a community that has been designated as a promise zone by the ,secretary of ,housing and ,urban ,development2 7ee7 a community that has been designated as a qualified opportunity zone under section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 or 7ff7 a rural area2 7,,ii7 for which more than #ej percent of employees reside in a low- or moderate-income community2 7,,iii7 that is-- 7aa7 a business that has not yet opened or a new business2 or 7bb7 growing1 newly established1 or a startup1 as those terms are used in subsection 7m72 7,,iv7 owned and controlled by socially and economically disadvantaged individuals1 including ,black ,americans1 ,hispanic ,americans1 ,native ,americans1 ,asian ,pacific ,americans1 and other minorities2 7,v7 owned and controlled by women2 7,,vi7 owned and controlled by veterans2 7,,vii7 owned and controlled by service-disabled veterans2 7,,viii7 not less than #ea percent of which is owned and controlled by one or more-- 7aa7 members of the ,armed ,forces participating in the ,transition ,assistance ,program of the ,department of ,defense2 7bb7 ,reservists2 7cc7 spouses of veterans1 members of the ,armed ,forces1 or ,reservists2 or 7dd7 surviving spouses of veterans who died on active duty or as a result of a service-connected disability2 7,,ix7 that is eligible to receive a veterans advantage loan2 or 7,x7 owned and controlled by an individual who has completed a term of imprisonment in a ,federal1 ,state1 or local jail or prison2 and 7viii7 the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section #h7;d77#c77;,c74 7,c7 ,establishment ,there is established a ,community ,advantage ,loan ,program under which the ,administration may guarantee loans made by covered institutions under this subsection1 including loans made to small business concerns in an underserved market4 7,d7 ,program levels ,in each of fiscal years #bjba1 #bjbb1 #bjbc1 #bjbd1 and #bjbe1 not more than #aj percent of the number of loans guaranteed under this subsection may be guaranteed under the program4 7,e7 ,new lenders 7i7 ,fiscal years #bjba and #bjbb ,in each of fiscal years #bjba and #bjbb-- 7,i7 not more than #aej covered institutions shall participate in the program2 and 7,,ii7 the ,administrator shall allow for new applicants and give priority to applications submitted by any covered institution that is located in an area with insufficient or no lending under the program4 7ii7 ,fiscal years #bjbc1 #bjbd1 and #bjbe 7,i7 ,in general ,in each of fiscal years #bjbc1 #bjbd1 and #bjbe-- 7aa7 except as provided in subclause 7,,ii71 not more than #age covered institutions shall participate in the program2 and 7bb7 the ,administrator shall allow for new applicants and give priority to applications submitted by any covered institution that is located in an area with insufficient or no lending under the program4 7,,ii7 ,exception for fiscal year #bjbe ,in fiscal year #bjbe1 not more than #bjj covered institutions may participate in the program if-- 7aa7 after reviewing the report under subparagraph 7,m71 the ,administrator determines that not more than #bjj covered institutions may participate in the program2 7bb7 the ,administrator notifies ,congress in writing of the determination of the ,administrator under item 7aa72 and 7cc7 not later than ,july #cj1 #bjbd1 the ,administrator notifies the public of the determination of the ,administrator under item 7aa74 7,f7 ,grandfathering of existing lenders ,any covered institution that participated in the ,community ,advantage ,pilot ,program of the ,administration and is in good standing on the day before the date of enactment of this paragraph-- 7i7 shall retain designation in the program2 and 7ii7 shall not be required to submit an application to participate in the program4 7,g7 ,requirement to make loans to underserved markets ,not less than #ge percent of loans made by a covered institution under the program shall consist of loans made to small business concerns in an underserved market4 7,h7 ,maximum loan amount 7i7 ,in general ,except as provided in clause 7ii71 the maximum loan amount for a loan guaranteed under the program is #bej1jjj4 7ii7 ,exception 7,i7 ,in general ,the ,administration may1 in the discretion of the ,administration1 approve a guarantee of a loan under the program that is more than #bej1jjj and not more than #cej1jjj4 7,,ii7 ,notification ,not later than #b days after receiving a request for an exception to the maximum loan amount established under clause 7i71 the ,administration shall-- 7aa7 review the request2 and 7bb7 provide a decision regarding the request to the covered institution making the loan4 7,i7 ,training and technical assistance ,the ,administration-- 7i7 shall1 in person and online1 provide upfront and ongoing training and technical assistance for covered institutions making loans under the program in order to support prudent lending standards and improve the interface between the covered institutions and the ,administration1 which shall include-- 7,i7 guidance for following the regulations of the ,administration1 including best practices for maintaining healthy portfolios of loans2 and 7,,ii7 directions for covered institutions to do what is in the best interest of the borrowers1 including by ensuring to the maximum extent possible that those borrowers are informed about loans with the most favorable terms for those borrowers2 7ii7 shall ensure that the training and technical assistance described in clause 7i7 is provided for free or at a low cost2 7iii7 may enter into a contract to provide the training or technical assistance described in clause 7i7 with an organization with expertise in lending under this subsection1 mission-oriented lending1 and lending to underserved markets2 and 7iv7 shall ensure that covered institutions adequately report the extent to which the covered institutions take the actions required under clause 7i77,,ii74 7,j7 ,delegated authority ,a covered institution is not eligible to receive delegated authority from the ,administration under the program until the covered institution makes not less than #aj loans under the program1 unless the ,administration determines otherwise after an opportunity for public comment for a period of not less than #cj days before implementing such a change4 7,k7 ,regulations 7i7 ,in general ,not later than #ahj days after the date of enactment of this paragraph and in accordance with the notice and comment procedures under section #eec of title #e1 ,united ,states ,code1 the ,administrator shall promulgate regulations to carry out the program1 which shall be substantially similar to the ,community ,advantage ,pilot ,program of the ,administration1 as in effect on ,september #a1 #bjah1 and shall-- 7,i7 outline the requirements for participation by covered institutions in the program2 7,,ii7 define performance metrics for covered institutions participating in the program for the first time1 which are required to be met in order to continue participating in the program2 7,,iii7 establish an acceptable range of program costs and level of risk that shall be based on other loan products-- 7aa7 of similar size2 7bb7 that use similar lenders2 and 7cc7 that are intended to reach similar borrowers2 7,,iv7 determine the credit score of a small business concern under which the ,administration is required to underwrite a loan provided to the small business concern under the program and the loan may not be made using the delegated authority of a covered institution2 7,v7 require each covered institution that sells loans made under the program on the secondary market to establish a loan loss reserve fund1 which-- 7aa7 with respect to covered institutions in good standing1 including the covered institutions described in subparagraph 7,f71 shall be maintained at a level equal to #c percent of the outstanding guaranteed portion of the loans2 and 7bb7 with respect to any other covered institution1 shall be maintained at a level equal to #e percent of the outstanding guaranteed portion of the loans2 and 7,,vi7 allow the ,administrator to require additional amounts to be deposited into a loan loss reserve fund established by a covered institution under subclause 7,v7 based on the risk characteristics or performance of the covered institution and the loan portfolio of the covered institution4 7ii7 ,termination of pilot program ,beginning on the date on which the regulations promulgated by the ,administrator under clause 7i7 take effect1 the ,administrator may not carry out the ,community ,advantage ,pilot ,program of the ,administration4 7,l7 ,,gao report ,not later than #c years after the date of enactment of this paragraph1 the ,comptroller ,general of the ,united ,states shall submit to the ,administrator1 the ,committee on ,small ,business and ,entrepreneurship of the ,senate1 and the ,committee on ,small ,business of the ,house of ,representatives a report-- 7i7 assessing-- 7,i7 the extent to which the program fulfills the requirements of this paragraph2 and 7,,ii7 the performance of covered institutions participating in the program2 and 7ii7 providing recommendations on the administration of the program and the findings under subclauses 7,i7 and 7,,ii7 of clause 7i74 7,m7 ,working ,group 7i7 ,in general ,not later than #ij days after the date of enactment of this paragraph1 the ,administrator shall establish a ,community ,advantage ,working ,group1 which shall-- 7,i7 include-- 7aa7 a geographically diverse representation of members from among covered institutions participating in the program2 and 7bb7 representatives from-- 7,,aa7 the ,office of ,capital ,access of the ,administration1 including the ,office of ,credit ,risk ,management1 and the ,office of ,financial ,assistance2 and 7,,bb7 the ,office of ,emerging ,markets2 7,,ii7 develop recommendations on how the ,administration can effectively manage1 support1 and promote the program and the mission of the program2 7,,iii7 establish metrics of success and benchmarks that reflect the mission and population served by covered institutions under the program1 which the ,administration shall use to evaluate the performance of those covered institutions2 7,,iv7 institute regular and sustainable systems of communication between the ,administration and covered institutions participating in the program2 and 7,v7 establish criteria for covered institutions regarding when those institutions should provide technical assistance to borrowers under the program and the scope of that technical assistance4 7ii7 ,report ,not later than #ahj days after the date of enactment of this paragraph1 the ,administrator shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives a report that includes-- 7,i7 the recommendations of the ,community ,advantage ,working ,group established under clause 7i72 and 7,,ii7 a recommended plan and timeline for implementation of those recommendations4 4 #dajb4 ,spurring innovation in underserved markets 7a7 ,in general ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended-- 7#a7 by redesignating section #di 7#ae ,u4,s4,c4 #fca note7 as section #ej2 and 7#b7 by inserting after section #dh 7#ae ,u4,s4,c4 #fegu7 the following3 #di4 ,innovation ,centers ,program 7a7 ,definitions ,in this section3 7#a7 ,accelerator ,the term accelerator means an organization-- 7,a7 that-- 7i7 works with a startup or growing small business concern for a predetermined period2 and 7ii7 provides mentorship and instruction to scale businesses2 and 7,b7 that may-- 7i7 provide1 but is not exclusively designed to provide1 seed investment in exchange for a small amount of equity2 and 7ii7 offer startup capital or the opportunity to raise capital from outside investors4 7#b7 ,federally recognized area of economic distress ,the term federally recognized area of economic distress means-- 7,a7 a ,h,u,b,zone2 or 7,b7 an area that has been designated as-- 7i7 an empowerment zone under section #acia of the ,internal ,revenue ,code of #aihf2 7ii7 a qualified opportunity zone under section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 7iii7 a ,promise ,zone by the ,secretary of ,housing and ,urban ,development2 or 7iv7 a low-income neighborhood or moderate-income neighborhood for purposes of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bija et seq474 7#c7 ,growing2 newly established2 startup ,the terms growing1 newly established1 and startup1 with respect to a small business concern1 mean growing1 newly established1 and startup1 respectively1 within the meaning given those terms under section #g7m74 7#d7 ,incubator ,the term incubator means an organization-- 7,a7 that-- 7i7 tends to work with startup and newly established small business concerns2 and 7ii7 provides mentorship to startup and newly established small business concerns2 and 7,b7 that may-- 7i7 provide a co-working environment or a month-to-month lease program2 and 7ii7 work with a startup or newly established small business concern for a predetermined period or an open-ended period4 7#e7 ,individuals with a disability ,the term individuals with a disability means more than one individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#f7 ,eligible entity ,the term eligible entity means-- 7,a7 an institution described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a772 7,b7 a junior or community college1 as defined in section #cab of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh72 or 7,c7 any nonprofit organization associated with an entity described in subparagraph 7,a7 or 7,b74 7#g7 ,rural area ,the term rural area has the meaning given that term in section #g7m77#aa74 7#h7 ,socially and economically disadvantaged individuals ,the term socially and economically disadvantaged individual means a socially and economically disadvantaged individual within the meaning given that term under section #h7;d77#c77;,c74 7b7 ,establishment ,not later than #ah months after the date of enactment of the ,economic ,justice ,act1 the ,administrator shall develop and begin implementing a program 7to be known as the ,innovation ,centers ,program7 to enter into cooperative agreements with eligible entities under this section4 7c7 ,purposes ,the purposes of the ,innovation ,centers ,program are to-- 7#a7 stimulate economic growth in underserved communities by creating good paying jobs and pathways to prosperity1 which are especially important in times of economic downturn2 7#b7 increase prospects for success for small business concerns in underserved communities1 which often suffer from higher business failure rates than the national average2 7#c7 help create a pipeline for small business concerns in underserved and rural markets into high-growth sectors1 where they are generally underrepresented2 7#d7 help address the multi-decade decline in the rate of new business creation2 7#e7 close the gaps that underserved small business concerns often have in terms of revenue and number of employees1 which represent lost opportunity for the economy2 and 7#f7 encourage collaboration between the ,administration and institutions of higher learning that serve low-income and minority communities4 7d7 ,authority 7#a7 ,in general ,the ,administrator may-- 7,a7 enter into cooperative agreements to provide financial assistance to eligible entities to conduct #e-year projects for the benefit of startup1 newly established1 or growing small business concerns2 and 7,b7 renew a cooperative agreement entered into under this section for additional #c-year periods1 in accordance with paragraph 7#c74 7#b7 ,project requirements ,a project conducted under a cooperative agreement under this section shall-- 7,a7 include operating as an accelerator1 an incubator1 or any other small business innovation-focused project as the ,administrator approves2 7,b7 be carried out in such locations as to provide maximum accessibility and benefits to the small business concerns that the project is intended to serve2 7,c7 have a full-time staff1 including a full-time director who shall-- 7i7 have the authority to make expenditures under the budget of the project2 and 7ii7 manage the activities carried out under the project2 7,d7 include the joint provision of programs and services by the eligible entity and the ,administration1 which-- 7i7 shall be jointly developed1 negotiated1 and agreed upon1 with full participation of both parties1 pursuant to an executed cooperative agreement between the eligible entity and the ,administration2 and 7ii7 shall include-- 7,i7 #a-to-#a individual counseling as described in section #ba7;c77#c77;,a72 and 7,,ii7 a formal1 structured mentorship program2 7,e7 incorporate continuous upgrades and modifications to the services and programs offered under the project1 as needed to meet the changing and evolving needs of the business community2 7,f7 involve working with underserved groups1 which include-- 7i7 women2 7ii7 socially and economically disadvantaged individuals2 7iii7 veterans2 7iv7 individuals with disabilities2 or 7v7 startup1 newly established1 or growing small business concerns located in rural areas2 7,g7 not impose or otherwise collect a fee or other compensation in connection with participation in the programs and services described in subparagraph 7,d77ii72 and 7,h7 ensure that small business concerns participating in the project have access1 including through resource partners1 to information concerning ,federal1 ,state1 and local regulations that affect small business concerns4 7#c7 ,continued funding 7,a7 ,in general ,an eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph 7#a7 may submit an application for a #c-year renewal of the cooperative agreement at such time1 in such manner1 and accompanied by such information as the ,administrator may establish4 7,b7 ,application and approval criteria 7i7 ,criteria ,the ,administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph1 which shall take into account the structure and the stated goals of the project4 7ii7 ,notification ,not later than #fj days after the date of the deadline to submit applications for each fiscal year1 the ,administrator shall approve or deny any application under this paragraph and notify the applicant for each such application4 7,c7 ,priority ,in allocating funds made available for cooperative agreements under this section1 the ,administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph 7#a77;,a74 7#d7 ,limit on use of funds ,amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement4 7#e7 ,scope of authority 7,a7 ,subject to appropriations ,the authority of the ,administrator to enter into cooperative agreements under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations ,acts4 7,b7 ,suspension1 termination1 and failure to renew or extend ,after the ,administrator has entered into a cooperative agreement with an eligible entity under this section1 the ,administrator shall not suspend1 terminate1 or fail to renew or extend the cooperative agreement unless the ,administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing1 appeal1 or other administrative proceeding under chapter #e of title #e1 ,united ,states ,code4 7e7 ,criteria 7#a7 ,in general ,the ,administrator shall-- 7,a7 establish and rank in terms of relative importance the criteria the ,administrator shall use in awarding cooperative agreements under this section1 which shall include-- 7i7 whether the proposed project will be located in-- 7,i7 a federally recognized area of economic distress2 7,,ii7 a rural area2 or 7,,iii7 an area lacking sufficient entrepreneurial development resources1 as determined by the ,administrator2 and 7ii7 whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area1 including-- 7,i7 investment and lending organizations2 7,,ii7 nongovernmental organizations2 7,,iii7 programs of ,state and local governments that are concerned with aiding small business concerns2 7,,iv7 ,federal agencies2 and 7,v7 for-profit organizations with an expertise in small business innovation2 7,b7 make publicly available1 including on the website of the ,administration1 and state in each solicitation for applications for cooperative agreements under this section the selection criteria and ranking established under subparagraph 7,a72 and 7,c7 evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph 7,a74 7#b7 ,contents ,the criteria established under paragraph 7#a77;,a7-- 7,a7 for eligible entities that have in operation an accelerator1 incubator1 or other small business innovation-focused project shall include the record of the eligible entity in assisting growing1 newly established1 and startup small business concerns1 including1 for each of the #c full years before the date on which the eligible entity applies for a cooperative agreement under this section1 or if the accelerator1 incubator1 or other small business innovation-focused project has been in operation for less than #c years1 for the most recent full year the accelerator1 incubator1 or other small business innovation-focused project was in operation-- 7i7 the number and retention rate of growing1 newly established1 and startup business concerns in the program of the eligible entity2 7ii7 the average period of participation by growing1 newly established1 and startup small business concerns in the program of the eligible entity2 7iii7 the total and median capital raised by growing1 newly established1 and startup small business concerns participating in the program of the eligible entity2 7iv7 the number of investments or loans received by growing1 newly established1 and startup small business concerns participating in the program of the eligible entity2 and 7v7 the total and median number of employees of growing1 newly established1 and startup small business concerns participating in the program of the eligible entity2 and 7,b7 for all eligible entities-- 7i7 shall include whether the eligible entity-- 7,i7 indicates the structure and goals of the project2 7,,ii7 demonstrates ties to the business community2 7,,iii7 describes the capabilities of the project1 including coordination with local resource partners and local or national lending partners of the ,administration2 7,,iv7 addresses the unique business and economic challenges faced by the community in which the eligible entity is located and businesses in that community2 and 7,v7 provides a proposed budget and plan for use of funds2 and 7ii7 may include any other criteria determined appropriate by the ,administrator4 7f7 ,program examination 7#a7 ,in general ,the ,administrator shall-- 7,a7 develop and implement an annual programmatic and financial examination of each project conducted under this section1 under which each eligible entity entering into a cooperative agreement under this section shall provide to the ,administrator-- 7i7 an itemized cost breakdown of actual expenditures for costs incurred during the preceding year2 and 7ii7 documentation regarding-- 7,i7 the amount of matching assistance from non-,federal sources obtained and expended by the eligible entity during the preceding year in order to meet the matching requirement2 and 7,,ii7 with respect to any in-kind contributions that were used to satisfy the matching requirement1 verification of the existence and valuation of those contributions2 and 7,b7 analyze the results of each examination conducted under subparagraph 7,a7 and1 based on that analysis1 make a determination regarding the programmatic and financial viability of each eligible entity4 7#b7 ,conditions for continued funding ,in determining whether to continue or renew a cooperative agreement under this section1 the ,administrator-- 7,a7 shall consider the results of the most recent examination of the project under paragraph 7#a72 and 7,b7 may terminate or not renew a cooperative agreement1 if the ,administrator determines that the eligible entity has failed to provide any information required to be provided 7including information provided for the purpose of the annual report by the ,administrator under subsection 7n77 or the information provided by the eligible entity is inadequate4 7g7 ,training and technical assistance ,the ,administrator-- 7#a7 shall provide in person or online training and technical assistance to each eligible entity entering into a cooperative agreement under this section at the beginning of the participation of the eligible entity in the ,innovation ,centers ,program1 or as requested by the eligible entity1 in order to build the capacity of the eligible entity and ensure compliance with procedures established by the ,administrator2 7#b7 shall ensure that the training and technical assistance described in paragraph 7#a7 is provided at no cost or at a low cost2 and 7#c7 may enter into a contract to provide the training or technical assistance described in paragraph 7#a7 with one or more organizations with expertise in the entrepreneurial development programs of the ,administration1 innovation1 and entrepreneurial development4 7h7 ,coordination ,in carrying out a project under this section1 an eligible entity may coordinate with-- 7#a7 resource and lending partners of the ,administration2 7#b7 programs of ,state and local governments that are concerned with aiding small business concerns2 and 7#c7 other ,federal agencies1 including to provide services to and assist small business concerns in participating in the ,,sbir and ,,sttr programs1 as defined in section #i7;e74 7i7 ,funding limit ,the amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than #djj1jjj during each year4 7j7 ,matching requirement 7#a7 ,in general ,an eligible entity shall contribute toward the cost of the project carried out under the cooperative agreement under this section an amount equal to #ej percent of the amount received under the cooperative agreement4 7#b7 ,in-kind contributions ,not more than #ge percent of the contribution of an eligible entity under paragraph 7#a7 may be in the form of in-kind contributions4 7#c7 ,waiver 7,a7 ,in general ,if the ,administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph 7#a71 the ,administrator may reduce the required contribution4 7,b7 ,presumption 7i7 ,in general ,the ,administration shall1 by regulation1 establish criteria to determine which eligible entities are presumed to be unable to meet the contribution requirement under paragraph 7#a74 7ii7 ,stakeholders ,in establishing the criteria under clause 7i71 the ,administrator shall work with stakeholders immediately impacted by the criteria4 7iii7 ,periodic review ,the ,administration shall periodically1 but not less than once every #e years1 review the criteria established under clause 7i7 to ensure that the criteria align with economic conditions4 7#d7 ,failure to obtain non-,federal funding ,if an eligible entity fails to obtain the required non-,federal contribution during any project1 or the reduced non-,federal contribution as determined by the ,administrator-- 7,a7 the eligible entity shall not be eligible thereafter for any other project for which it is or may be funded by the ,administration2 and 7,b7 prior to approving assistance for the eligible entity for any other projects1 the ,administrator shall specifically determine whether the ,administrator believes that the eligible entity will be able to obtain the requisite non-,federal funding and enter a written finding setting forth the reasons for making that determination4 7#e7 ,rule of construction ,the demonstrated inability of an eligible entity to meet the contribution requirement under paragraph 7#a7 shall not disqualify the eligible entity from entering into a cooperative agreement under this section4 7k7 ,contract authority 7#a7 ,in general ,an eligible entity may enter into a contract with a ,federal department or agency to provide specific assistance to startup1 newly established1 or growing small business concerns4 7#b7 ,performance ,performance of a contract entered into under paragraph 7#a7 may not hinder the eligible entity in carrying out the terms of the cooperative agreement under this section4 7#c7 ,exemption from matching requirement ,a contract entered into under paragraph 7#a7 shall not be subject to the matching requirement under subsection 7j74 7#d7 ,additional provision ,notwithstanding any other provision of law1 a contract for assistance under paragraph 7#a7 shall not be applied to any ,federal department or agency's small business1 woman-owned business1 or socially and economically disadvantaged business contracting goal under section #ae7;g74 7l7 ,privacy requirements 7#a7 ,in general ,an eligible entity may not disclose the name1 address1 or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern1 unless-- 7,a7 the ,administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a ,federal or ,state agency2 or 7,b7 the ,administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of an eligible entity1 but a disclosure under this subparagraph shall be limited to the information necessary for such audit4 7#b7 ,administration use of information ,this subsection shall not-- 7,a7 restrict ,administration access to program activity data2 or 7,b7 prevent the ,administration from using client information 7other than the information described in subparagraph 7,a77 to conduct client surveys4 7#c7 ,regulations ,the ,administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph 7#a77;,b74 7m7 ,publication of information ,the ,administrator shall-- 7#a7 publish information about the program under this section online1 including-- 7,a7 on the website of the ,administration2 and 7,b7 on the social media of the ,administration2 and 7#b7 request that the resource and lending partners of the ,administration and the district offices of the ,administration publicize the program4 7n7 ,annual reporting ,not later than #a year after the date on which the ,administrator establishes the program under this section1 and every year thereafter1 the ,administrator shall submit to ,congress a report on the activities under the program1 including-- 7#a7 a list of all eligible entities participating in the program2 7#b7 the number of startup1 newly established1 and growing small business concerns participating in the project carried out by each eligible entity under a cooperative agreement under this section 7in this paragraph referred to as participants71 including a breakdown of the owners of the participants by race1 gender1 veteran status1 and urban versus rural location2 7#c7 the retention rate for participants2 7#d7 the total and median amount of capital accessed by participants1 including the type of capital accessed2 7#e7 the total and median number of employees of participants2 7#f7 the number and median wage of jobs created by participants2 7#g7 the number of jobs sustained by participants2 and 7#h7 information regarding such other metrics as the ,administrator determines appropriate4 7o7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7,a7 #d1jjj1jjj for the first fiscal year beginning after the date of enactment of the ,economic ,justice ,act2 7,b7 #g1ejj1jjj for the second fiscal year beginning after such date of enactment2 and 7,c7 #ab1jjj1jjj for each of the third1 fourth1 and fifth fiscal years beginning after such date of enactment4 7#b7 ,administrative expenses ,of the amount made available to carry out this section for any fiscal year1 not more than #aj percent may be used by the ,administrator for administrative expenses4 4 7b7 ,regulations ,the ,administrator shall promulgate regulations to carry out section #di of the ,small ,business ,act1 as added by subsection 7a74 #dajc4 ,office of ,emerging ,markets ,section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7 is amended by adding at the end the following3 7o7 ,office of ,emerging ,markets 7#a7 ,purpose ,the purpose of this office is to reduce the access to capital gap by providing an integrated approach to the development of small business concerns in underserved markets1 including minority- and women-owned businesses1 implementing strategy and providing guidance so they do not get left behind4 7#b7 ,definitions ,in this subsection-- 7,a7 the term ,associate ,administrator means the ,associate ,administrator of the ,office of ,capital ,access of the ,administration2 7,b7 the term ,director means the ,director of the ,office of ,emerging ,markets2 7,c7 the term microloan program means the program described in subsection 7m72 7,d7 the terms new business and small business concern in an underserved market have the meanings given those terms in subsection 7a77#cg72 7,e7 the term ,reservist means a member of a reserve component of the ,armed ,forces named in section #ajaja of title #aj1 ,united ,states ,code2 7,f7 the term rural area has the meaning given the term in subsection 7m77#aa72 7,g7 the term service-connected has the meaning given the term in section #aja of title #ch1 ,united ,states ,code2 and 7,h7 the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section #h7;d77#c77;,c74 7#c7 ,establishment ,there is established within the ,administration the ,office of ,emerging ,markets1 which shall be-- 7,a7 under the general management and oversight of the ,administration2 and 7,b7 responsible for the planning1 coordination1 implementation1 evaluation1 and improvement of the efforts of the ,administrator to enhance the economic well-being of small business concerns in an underserved market4 7#d7 ,purposes ,the purposes of the ,office of ,emerging ,markets are-- 7,a7 to provide the ,administration with an integrated approach to the development of small business concerns in an underserved market2 7,b7 to reignite economic opportunity for underserved markets1 particularly after an economic downturn2 and 7,c7 to oversee the expansion of access to capital programs that meet the needs of underserved markets4 7#e7 ,director 7,a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,administrator shall appoint a ,director of the ,office of ,emerging ,markets1 who shall-- 7i7 supervise the ,office of ,emerging ,markets and report to the ,associate ,administrator2 and 7ii7 be in the ,senior ,executive ,service4 7,b7 ,duties ,the ,director shall-- 7i7 create and implement strategies and programs that provide an integrated approach to the development of small business concerns in an underserved market2 7ii7 develop and recommend policies concerning the microloan program and any other access to capital program of the ,administration1 as such programs pertain to small business concerns in an underserved market2 7iii7 establish partnerships to advance the goal of improving the economic success of small business concerns in an underserved market2 7iv7 review the effectiveness and impact of the microloan program and any other access to capital program of the ,administration that is targeted to serve small business concerns in an underserved market2 and 7v7 within #a year of the establishment of the ,office-- 7,i7 create a proposal1 in collaboration with lenders under section #g7;a7 and any association that represents those lenders1 for how those lenders should incorporate alternative metrics to traditional credit scores for the purposes of determining approvals under section #g7;a72 and 7,,ii7 put forward a public plan for how the ,administration will adequately reach the access to capital needs of underserved markets4 7,c7 ,consultation ,in carrying out the duties under this paragraph1 the ,director shall consult with district offices of the ,administration4 4 #dajd4 ,,sbic ,diversity ,working ,group 7a7 ,definitions ,in this section-- 7#a7 the term ,administration means the ,small ,business ,administration2 7#b7 the term ,administrator means the ,administrator of the ,administration2 and 7#c7 the term small business investment company has the meaning given the term in section #ajc of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffb74 7b7 ,working group 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall establish an ,,sbic ,diversity ,working ,group 7referred to in this subsection as the ,working ,group71 which shall-- 7,a7 include-- 7i7 representatives among general partners of small business investment companies with a demonstrated record of promoting diversity at those companies2 7ii7 representatives from small business investment companies with a demonstrated record of investing in small business concerns with not less than #a owner or president who is socially or economically disadvantaged1 as determined under section #h7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a772 7iii7 representatives from small business investment companies with substantial experience with respect to the program carried out under title ,,iii of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fha et seq472 7iv7 representatives from the ,office of ,investment and ,innovation of the ,administration2 and 7v7 representatives from the investment industry and academia with expertise in developing and monitoring diversity in the investment industry2 7,b7 develop recommendations regarding how the ,administrator could increase the number of-- 7i7 applicants to become small business investment companies1 the management of which includes individuals who are socially or economically disadvantaged2 and 7ii7 the number of general partners at small business investment companies who are socially or economically disadvantaged individuals2 7,c7 develop recommendations for paid internships at the ,office of ,investment and ,innovation of the ,administration and paid apprenticeships at small business investment companies to build a pipeline of investment managers who are diverse2 7,d7 develop incentives for small business investment companies to invest in socially and economically disadvantaged small business concerns1 as defined in section #h7d77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#d77;,a772 and 7,e7 establish metrics of success1 and benchmarks for success1 with respect to the goals described in this section4 7#b7 ,availability of meetings ,the ,working ,group may make the meetings of the ,working ,group open to the public without regard to whether those meetings are held in-person1 virtually1 or by some other means4 7#c7 ,report ,not later than #bgj days after the date of enactment of this ,act1 the ,working ,group shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives a report that includes-- 7,a7 the recommendations of the ,working ,group developed under paragraph 7#a72 and 7,b7 a recommended plan and timeline for implementing the recommendations described in subparagraph 7,a74 7#d7 ,termination ,the ,working ,group shall terminate on the date on which the ,working ,group submits the report required under paragraph 7#c74 7#e7 ,applicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply with respect to the ,working ,group or the activities of the ,working ,group4 ,b ,minority business resiliency #dbja4 ,short title ,this subtitle may be cited as the ,minority ,business ,resiliency ,act of #bjbj4 #dbjb4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,during times of economic downturn or recession1 communities of color1 and businesses within those communities1 are generally more adversely affected1 which requires an expansion of the ability of the ,federal ,government to infuse resources into those communities4 7#b7 ,despite the growth in the number of minority business enterprises1 gaps remain with respect to key metrics for those enterprises1 such as access to capital1 revenue1 number of employees1 and survival rate4 ,specifically-- 7,a7 according to the ,department of ,commerce1 minority business enterprises are #b to #c times more likely to be denied loans than non-minority business enterprises2 7,b7 according to the ,bureau of the ,census1 the average non-minority business enterprise reports receipts that are more than #c times higher than receipts reported by the average minority business enterprise2 and 7,c7 according to the ,kauffman ,foundation-- 7i7 minority business enterprises are #a_/b as likely to employ individuals1 as compared with non-minority business enterprises2 and 7ii7 if minorities started and owned businesses at the same rate as non-minorities1 the ,united ,states economy would have more than #a1jjj1jjj additional employer businesses and more than #i1ejj1jjj additional jobs4 7#c7 ,because of the conditions described in paragraph 7#b71 it is in the interest of the ,united ,states and the economy of the ,united ,states to expeditiously ameliorate the disparities that minority business enterprises experience4 7#d7 ,many individuals who own minority business enterprises are socially disadvantaged because those individuals identify as members of certain groups that have suffered the effects of discriminatory practices or similar circumstances over which those individuals have no control1 including individuals who are-- 7,a7 ,black or ,african ,american2 7,b7 ,hispanic or ,latino2 7,c7 ,american ,indian or ,alaska ,native2 7,d7 ,asian2 and 7,e7 ,native ,hawaiian or other ,pacific ,islander4 7#e7 ,discriminatory practices and similar circumstances described in paragraph 7#d7 are a significant determinant of overall economic disadvantage in the ,united ,states1 which is evident in the persistent racial wealth gap in the ,united ,states4 7#f7 ,while other ,federal agencies focus only on small businesses and businesses that represent a broader demographic than solely minority business enterprises1 the ,agency focuses exclusively on-- 7,a7 the unique needs of minority business enterprises2 and 7,b7 enhancing the capacity of minority business enterprises4 7b7 ,purposes ,the purposes of this subtitle are to-- 7#a7 require the ,agency to promote and administer programs in the public and private sectors to assist the development of minority business enterprises2 and 7#b7 achieve the development described in paragraph 7#a7 by authorizing the ,assistant ,secretary to carry out programs that will result in increased access to capital1 management1 and technology for minority business enterprises4 #dbjc4 ,definitions ,in this subtitle3 7#a7 ,agency ,the term ,agency means the ,minority ,business ,development ,agency of the ,department of ,commerce4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,minority ,business ,development who is appointed as described in section #dbjd7;b7 to administer this subtitle4 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#d7 ,federally recognized area of economic distress ,the term federally recognized area of economic distress means-- 7,a7 a ,h,u,b,zone1 as that term is defined in section #ca7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a7b772 7,b7 an area that-- 7i7 has been designated as-- 7,i7 an empowerment zone under section #acia of the ,internal ,revenue ,code of #aihf2 or 7,,ii7 a ,promise ,zone by the ,secretary of ,housing and ,urban ,development2 or 7ii7 is a low or moderate income area1 as determined by the ,bureau of the ,census2 7,c7 a qualified opportunity zone1 as that term is defined in section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 or 7,d7 any other political subdivision or unincorporated area of a ,state determined by the ,assistant ,secretary to be an area of economic distress4 7#e7 ,indian ,tribe 7,a7 ,in general ,subject to subparagraph 7,b71 the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7,b7 ,native ,hawaiian organization ,the term ,indian ,tribe includes a ,native ,hawaiian organization4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,minority business enterprise ,the term minority business enterprise means a for-profit business enterprise-- 7,a7 that is not less than #ea percent-owned by one or more socially disadvantaged individuals2 and 7,b7 the management and daily business operations of which are controlled by one or more socially disadvantaged individuals4 7#h7 ,private sector entity ,the term private sector entity-- 7,a7 means an entity that is not a public sector entity2 and 7,b7 does not include-- 7i7 the ,federal ,government2 7ii7 any ,federal agency2 or 7iii7 any instrumentality of the ,federal ,government4 7#i7 ,public sector entity ,the term public sector entity means-- 7,a7 a ,state2 7,b7 an agency of a ,state2 7,c7 a political subdivision of a ,state2 or 7,d7 an agency of a political subdivision of a ,state4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#aa7 ,socially disadvantaged individual 7,a7 ,in general ,the term socially disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group1 without regard to any individual quality of the individual that is unrelated to that identity4 7,b7 ,presumption ,in carrying out this subtitle1 the ,assistant ,secretary shall presume that the term socially disadvantaged individual includes any individual who is-- 7i7 ,black or ,african ,american2 7ii7 ,hispanic or ,latino2 7iii7 ,american ,indian or ,alaska ,native2 7iv7 ,asian2 7v7 ,native ,hawaiian or other ,pacific ,islander2 or 7vi7 a member of a group that the ,minority ,business ,development ,agency determines under part #adjj of title #ae1 ,code of ,federal ,regulations1 as in effect on ,november #bc1 #aihd1 is a socially disadvantaged group eligible to receive assistance4 7#ab7 ,state ,the term ,state means-- 7,a7 each of the ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,united ,states ,virgin ,islands2 7,e7 ,guam2 7,f7 ,american ,samoa2 7,g7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,h7 each ,indian ,tribe4 #dbjd4 ,minority ,business ,development ,agency 7a7 ,in general ,there is within the ,department of ,commerce the ,minority ,business ,development ,agency4 7b7 ,assistant ,secretary 7#a7 ,appointment and duties ,the ,agency shall be headed by an ,assistant ,secretary of ,commerce for ,minority ,business ,development1 who shall be-- 7,a7 appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7,b7 except as otherwise expressly provided1 responsible for the administration of this subtitle4 7#b7 ,compensation ,the ,assistant ,secretary shall be compensated at an annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7c7 ,report to ,congress ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that describes-- 7#a7 the organizational structure of the ,agency2 7#b7 the organizational position of the ,agency within the ,department of ,commerce2 and 7#c7 a description of how the ,agency shall function in relation to the operations carried out by each other component of the ,department of ,commerce4 7d7 ,office of ,business ,centers 7#a7 ,establishment ,there is established within the ,agency an ,office of ,business ,centers4 7#b7 ,director ,the ,office of ,business ,centers shall be administered by a ,director1 who shall be appointed by the ,assistant ,secretary4 7e7 ,offices of the ,agency 7#a7 ,in general ,the ,assistant ,secretary shall establish such other offices within the ,agency as are necessary to carry out this subtitle4 7#b7 ,regional offices 7,a7 ,in general ,in order to carry out this subtitle1 the ,assistant ,secretary may establish a regional office of the ,agency for each of the regions of the ,united ,states1 as determined by the ,assistant ,secretary4 7,b7 ,duties ,each regional office established under subparagraph 7,a7 shall expand the reach of the ,agency and enable the ,federal ,government to better serve the needs of minority business enterprises in the region served by the office1 including by-- 7i7 understanding and participating in the business environment of that region2 7ii7 working with-- 7,i7 ,centers1 as that term is defined in section #dbcb1 that are located in that region2 and 7,,ii7 resource and lending partners of the ,small ,business ,administration that are located in that region2 7iii7 being aware of business retention or expansion programs specific to that region2 7iv7 seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises2 and 7v7 promoting business continuity and preparedness4 #a ,,covid-#ai rapid response #dbaa4 ,emergency appropriation ,there is appropriated to the ,agency for fiscal year #bjba1 out of any money in the ,treasury not otherwise appropriated1 #fj1jjj1jjj to provide assistance to minority business enterprises affected by the economic downturn caused by the ,,covid-#ai pandemic1 which shall remain available until expended4 #b ,existing initiatives ,a ,market development1 research1 and information #dbba4 ,private sector development ,the ,assistant ,secretary shall1 whenever the ,assistant ,secretary determines such action is necessary or appropriate-- 7#a7 assist minority business enterprises to penetrate domestic and foreign markets by making available to those business enterprises1 either directly or in cooperation with private sector entities1 including community-based organizations and national nonprofit organizations-- 7,a7 resources relating to management2 7,b7 technological assistance2 7,c7 financial and marketing services2 and 7,d7 services relating to workforce development2 7#b7 encourage minority business enterprises to establish joint ventures and projects-- 7,a7 with other minority business enterprises2 or 7,b7 in cooperation with public sector entities or private sector entities1 including community-based organizations and national nonprofit organizations1 to increase the share of any market activity being performed by minority business enterprises2 and 7#c7 facilitate the efforts of private sector entities and ,federal agencies to advance the growth of minority business enterprises4 #dbbb4 ,public sector development ,the ,assistant ,secretary shall1 whenever the ,assistant ,secretary determines such action is necessary or appropriate-- 7#a7 consult and cooperate with public sector entities for the purpose of leveraging resources available in the jurisdictions of those public sector entities to promote the position of minority business enterprises in the local economies of those public sector entities1 including by assisting public sector entities to establish or enhance-- 7,a7 programs to procure goods and services through minority business enterprises and goals for that procurement2 7,b7 programs offering assistance relating to-- 7i7 management2 7ii7 technology2 7iii7 financing2 7iv7 marketing2 and 7v7 workforce development2 and 7,c7 informational programs designed to inform minority business enterprises located in the jurisdictions of those public sector entities about the availability of programs described in this section2 7#b7 meet with leaders and officials of public sector entities for the purpose of recommending and promoting local administrative and legislative initiatives needed to advance the position of minority business enterprises in the local economies of those public sector entities2 and 7#c7 facilitate the efforts of public sector entities and ,federal agencies to advance the growth of minority business enterprises4 #dbbc4 ,research and information 7a7 ,in general ,in order to achieve the purposes of this subtitle1 the ,assistant ,secretary-- 7#a7 shall-- 7,a7 collect and analyze data1 including data relating to the causes of the success or failure of minority business enterprises2 7,b7 perform evaluations of programs carried out by ,federal agencies with an emphasis on increasing coordination between ,federal agencies with respect to the development of minority business enterprises2 and 7,c7 conduct research1 studies1 and surveys of-- 7i7 economic conditions generally in the ,united ,states2 and 7ii7 how the conditions described in clause 7i7 particularly affect the development of minority business enterprises2 and 7#b7 may1 at the request of a public sector entity or a private sector entity1 perform an evaluation of programs carried out by the entity that are designed to assist the development of minority business enterprises4 7b7 ,information clearinghouse ,the ,assistant ,secretary shall-- 7#a7 establish and maintain an information clearinghouse for the collection and dissemination of demographic1 economic1 financial1 managerial1 and technical data relating to minority business enterprises2 and 7#b7 take such steps as the ,assistant ,secretary may determine to be necessary and desirable to search for1 collect1 classify1 coordinate1 integrate1 record1 and catalog the data described in paragraph 7#a74 ,b ,minority ,business ,development ,center ,program #dbca4 ,purpose ,the purpose of the ,,mbdc ,program shall be to create a national network of public-private partnerships that-- 7#a7 assist minority business enterprises to-- 7,a7 access capital and contracts2 and 7,b7 create and maintain jobs2 7#b7 provide counseling and mentoring to minority business enterprises2 and 7#c7 facilitate the growth of minority business enterprises by promoting trade4 #dbcb4 ,definitions ,in this subtitle3 7#a7 ,center ,the term ,center means an eligible entity that enters into an ,,mbdc agreement with the ,assistant ,secretary4 7#b7 ,eligible entity ,except as otherwise expressly provided1 the term eligible entity-- 7,a7 means-- 7i7 a private sector entity2 or 7ii7 a public sector entity2 and 7,b7 includes an institution of higher education4 7#c7 ,,mbdc agreement ,the term ,,mbdc agreement means a collaborative agreement entered into between the ,assistant ,secretary and a ,center under the ,,mbdc ,program4 7#d7 ,,mbdc ,program ,the term ,,mbdc ,program means the program established under section #dbcc4 #dbcc4 ,establishment 7a7 ,in general ,subject to subsection 7b71 there is established in the ,agency a program-- 7#a7 that shall be known as the ,minority ,business ,development ,centers ,program2 7#b7 that shall be separate and distinct from the efforts of the ,assistant ,secretary under section #dbba2 and 7#c7 under which the ,assistant ,secretary shall enter into cooperative agreements with eligible entities under which1 in accordance with section #dbcd-- 7,a7 the eligible entities shall provide technical assistance and business development services to minority business enterprises2 and 7,b7 the ,assistant ,secretary shall provide financial assistance to the eligible entities to carry out the activities described in subparagraph 7,a74 7b7 ,coverage ,the ,assistant ,secretary shall take all necessary actions to ensure that the ,,mbdc ,program1 in accordance with section #dbcd1 offers the services described in subsection 7a77#c77;,a7 in all regions of the ,united ,states4 7c7 ,scope of authority ,the authority of the ,assistant ,secretary to enter into ,,mbdc agreements shall be effective each fiscal year only to the extent that amounts are made available to the ,assistant ,secretary under applicable appropriations ,acts4 #dbcd4 ,cooperative agreements 7a7 ,requirements ,a ,center shall1 using financial assistance awarded to the ,center under an ,,mbdc agreement-- 7#a7 provide to minority business enterprises programs and services determined to be appropriate by the ,assistant ,secretary1 which-- 7,a7 shall include referral services to meet the needs of minority business enterprises2 and 7,b7 may include programs and services to accomplish the goals described in section #dbba7a72 7#b7 develop1 cultivate1 and maintain a network of strategic partnerships with organizations that foster access by minority business enterprises to economic markets or contracts2 7#c7 continue to upgrade and modify the services provided by the ,center1 as necessary1 in order to meet the changing and evolving needs of the business community2 7#d7 collaborate with other ,centers2 and 7#e7 in providing programs and services under the ,,mbdc agreement-- 7,a7 operate on a fee-for-service basis2 and 7,b7 generate income through the collection of-- 7i7 client fees2 7ii7 membership fees2 7iii7 success fees2 and 7iv7 any other appropriate fees proposed by the ,center in the application submitted by the ,center for the ,,mbdc agreement4 7b7 ,term ,subject to subsection 7g71 the term of an ,,mbdc agreement shall be #c years4 7c7 ,financial assistance 7#a7 ,minimum amount ,subject to paragraph 7#b71 the amount of financial assistance provided by the ,assistant ,secretary under an ,,mbdc agreement shall be not less than #bej1jjj for the term of the ,,mbdc agreement4 7#b7 ,additional amounts ,in determining whether to award financial assistance under an ,,mbdc agreement to a ,center in an amount greater than #bej1jjj1 the ,assistant ,secretary shall take into consideration the cost of living and the size of the population in the area in which the ,center is located4 7#c7 ,matching requirement 7,a7 ,in general ,a ,center shall match not less than #a_/c of the amount of the financial assistance awarded to the ,center under an ,,mbdc agreement4 7,b7 ,form of funds ,a ,center may meet the matching requirement under subparagraph 7,a7 using cash or in-kind contributions1 without regard to whether the contribution is made by a third party4 7#d7 ,use of financial assistance and program income ,a ,center shall use-- 7,a7 all financial assistance awarded to the ,center under an ,,mbdc agreement to carry out the requirements under subsection 7a72 and 7,b7 all income that the ,center generates in carrying out the requirements under subsection 7a7-- 7i7 to meet the matching requirement under paragraph 7#c7 of this subsection2 and 7ii7 if the ,center meets the matching requirement under paragraph 7#c7 of this subsection1 to carry out the requirements under subsection 7a74 7d7 ,criteria for selection ,the ,assistant ,secretary shall-- 7#a7 establish-- 7,a7 criteria that-- 7i7 the ,assistant ,secretary shall use in determining whether to enter into an ,,mbdc agreement with an eligible entity2 and 7ii7 may include criteria relating to whether an eligible entity is located in-- 7,i7 an area1 the population of which is composed of not less than #ea percent socially disadvantaged individuals2 7,,ii7 a federally recognized area of economic distress2 or 7,,iii7 a ,state that is underserved with respect to the ,,mbdc program1 as defined by the ,assistant ,secretary2 and 7,b7 standards relating to the consideration given to the criteria established under subparagraph 7,a72 and 7#b7 make the criteria and standards established under paragraph 7#a7 publicly available1 including-- 7,a7 on the website of the ,agency2 and 7,b7 in each solicitation for applications for ,,mbdc agreements4 7e7 ,applications ,an eligible entity desiring to enter into an ,,mbdc agreement shall submit to the ,assistant ,secretary an application that includes-- 7#a7 a statement of-- 7,a7 how the eligible entity will meet the requirements under subsection 7a72 and 7,b7 any experience of the eligible entity in-- 7i7 assisting minority business enterprises to-- 7,i7 obtain-- 7aa7 large-scale contracts or procurements2 or 7bb7 financing2 7,,ii7 access established supply chains2 and 7,,iii7 engage in-- 7aa7 joint ventures1 teaming arrangements1 and mergers and acquisitions2 or 7bb7 large-scale transactions in global markets2 and 7ii7 advocating for minority business enterprises2 and 7#b7 the budget and corresponding budget narrative that the eligible entity will use in carrying out the requirements under subsection 7a7 during the term of the ,,mbdc agreement4 7f7 ,notification ,if the ,assistant ,secretary grants an application of an eligible entity submitted under subsection 7e71 the ,assistant ,secretary shall notify the eligible entity that the application has been granted not later than #aej days after the last day on which an application may be submitted under that subsection4 7g7 ,program examination2 accreditation2 extensions 7#a7 ,examination ,not later than #ahj days after the date of enactment of this ,act1 and biennially thereafter1 the ,assistant ,secretary shall conduct a programmatic financial examination of each ,center4 7#b7 ,accreditation ,the ,assistant ,secretary may provide financial support1 by contract or otherwise1 to an association1 not less than #ea percent of the members of which are ,centers1 to-- 7,a7 pursue matters of common concern with respect to ,centers2 and 7,b7 develop an accreditation program with respect to ,centers4 7#c7 ,extensions 7,a7 ,in general ,the ,assistant ,secretary may extend the term under subsection 7b7 of an ,,mbdc agreement to which a ,center is a party to a term of #e years1 if the ,center consents to the extension4 7,b7 ,financial assistance ,if the ,assistant ,secretary extends the term of an ,,mbdc agreement under paragraph 7#a71 the ,assistant ,secretary shall1 in the same manner and amount in which financial assistance was provided during the initial term of the ,,mbdc agreement1 provide financial assistance under the ,,mbdc agreement during the extended term of the ,,mbdc agreement4 7h7 ,priority ,in entering into ,,mbdc agreements under the ,,mbdc ,program and extending ,,mbdc agreements under subsection 7g77#c71 the ,assistant ,secretary shall give priority to extending ,,mbdc agreements under subsection 7g77#c74 7i7 ,suspension1 termination1 and refusal ,to extend 7#a7 ,in general 7,a7 ,in general ,the ,assistant ,secretary may suspend1 terminate1 or refuse to extend the term of an ,,mbdc agreement on the basis of the poor performance by a ,center in meeting the performance goals established by the ,secretary under subparagraph 7,b74 7,b7 ,performance goals ,the ,assistant ,secretary shall establish performance goals by which to evaluate the performance of a ,center in meeting the requirements under subsection 7a74 7#b7 ,notice ,before suspending1 terminating1 or refusing to extend the term of an ,,mbdc agreement under paragraph 7#a71 the ,assistant ,secretary shall provide to the relevant ,center-- 7,a7 a written notice of the reasons for the suspension1 termination1 or refusal2 and 7,b7 an opportunity for a hearing1 appeal1 or other administrative proceeding to contest the suspension1 termination1 or refusal4 7j7 ,,mbda involvement ,the ,assistant ,secretary shall ensure that the ,agency is substantially involved in the activities of ,centers in carrying out the requirements under subsection 7a71 including by-- 7#a7 providing to each ,center training relating to the ,,mbdc ,program2 7#b7 requiring that the operator and staff of each ,center-- 7,a7 attend-- 7i7 a conference with the ,agency to establish the services and programs that the ,center will provide in carrying out the requirements before the date on which the ,center begins providing those services and programs2 and 7ii7 training provided under paragraph 7#a72 7,b7 receive necessary advising relating to carrying out the requirements under subsection 7a72 and 7,c7 work in coordination and collaboration with the ,assistant ,secretary to carry out the ,,mbdc ,program and other programs of the ,agency2 7#c7 facilitating connections between ,centers and-- 7,a7 ,federal agencies other than the ,agency1 including the ,small ,business ,administration and the ,economic ,development ,administration of the ,department of ,commerce2 and 7,b7 other institutions or entities that use ,federal resources1 including-- 7i7 small business development centers1 as that term is defined in section #c7t7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7t772 7ii7 women's business centers described in section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef72 7iii7 eligible entities1 as that term is defined in section #bdaa of title #aj1 ,united ,states ,code1 that provide services under the program carried out under chapter #adb of that title2 and 7iv7 entities participating in the ,hollings ,manufacturing ,extension ,partnership ,program established under section #be of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk72 7#d7 monitoring projects carried out by each ,center2 and 7#e7 establishing and enforcing administrative and reporting requirements for each ,center to carry out the requirements under subsection 7a74 7k7 ,regulations ,the ,assistant ,secretary shall issue and publish regulations that establish minimum standards regarding verification of minority business enterprise status for clients of entities operating under the ,,mbdc ,program4 #dbce4 ,minimizing disruptions to existing ,business ,centers program ,the ,assistant ,secretary shall ensure that each cooperative agreement entered into under the ,business ,centers program of the ,agency that is in effect on the day before the date of enactment of this ,act is carried out in a manner that1 to the greatest extent practicable1 prevents disruption of any activity carried out under the cooperative agreement4 #dbcf4 ,publicity ,in carrying out the ,,mbdc ,program1 the ,assistant ,secretary shall widely publicize the ,,mbdc ,program1 including-- 7#a7 on the website of the ,agency2 and 7#b7 via social media outlets4 #dbcg4 ,authorization of appropriations ,there are authorized to be appropriated to the ,assistant ,secretary #cj1jjj1jjj for each of fiscal years #bjba through #bjbd to carry out the ,,mbdc ,program1 including the component of the program relating to ,specialty ,centers4 #c ,new initiatives ,to promote economic resiliency for minority businesses #dbda4 ,annual diverse business forum on capital formation 7a7 ,responsibility of ,agency ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,agency shall conduct a ,government-business forum to review the current status of problems and programs relating to capital formation by minority business enterprises4 7b7 ,participation in forum planning ,the ,assistant ,secretary shall invite the heads of other ,federal agencies1 such as the ,chairman of the ,securities and ,exchange ,commission1 the ,secretary of the ,treasury1 and the ,chairman of the ,board of ,governors of the ,federal ,reserve ,system1 organizations representing ,state securities commissioners1 representatives of leading minority chambers of commerce1 business organizations1 and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection 7a74 7c7 ,preparation of statements and reports 7#a7 ,requests ,the ,assistant ,secretary may request that any head of a ,federal department1 agency1 or organization1 including those described in subsection 7b71 or any other group or individual1 prepare a statement or report to be delivered at any forum conducted under subsection 7a74 7#b7 ,cooperation ,any head of a ,federal department1 agency1 or organization who receives a request under paragraph 7#a7 shall1 to the greatest extent practicable1 cooperate with the ,assistant ,secretary to fulfill that request4 7d7 ,transmittal of proceedings and findings ,the ,assistant ,secretary shall-- 7#a7 prepare a summary of the proceedings of each forum conducted under subsection 7a71 which shall include the findings and recommendations of the forum2 and 7#b7 transmit the summary described in paragraph 7#a7 with respect to each forum conducted under subsection 7a7 to-- 7,a7 the participants in the forum2 7,b7 ,congress2 and 7,c7 the public1 through a publicly available website4 7e7 ,review of findings and recommendations2 public statements 7#a7 ,in general ,a ,federal agency to which a finding or recommendation described in subsection 7d77#a7 relates shall-- 7,a7 review that finding or recommendation2 and 7,b7 promptly after the finding or recommendation is transmitted under paragraph 7#b77;,c7 of subsection 7d71 issue a public statement-- 7i7 assessing the finding or recommendation2 and 7ii7 disclosing the action1 if any1 the ,federal agency intends to take with respect to the finding or recommendation4 7#b7 ,joint statement permitted ,if a finding or recommendation described in subsection 7d77#a7 relates to more than #a ,federal agency1 the applicable ,federal agencies may1 for the purposes of the public statement required under paragraph 7#a77;,b71 issue a joint statement4 #dbdb4 ,agency study on alternative financing solutions 7a7 ,purpose ,the purpose of this section is to provide information relating to alternative financing solutions to minority business enterprises1 as those business enterprises are more likely to struggle in accessing1 particularly at affordable rates1 traditional sources of capital4 7b7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall-- 7#a7 conduct a study on opportunities for providing alternative financing solutions to minority business enterprises2 and 7#b7 submit to ,congress1 and publish on the website of the ,agency1 a report describing the findings of the study carried out under paragraph 7#a74 #dbdc4 ,educational development relating to management and entrepreneurship 7a7 ,duties ,the ,assistant ,secretary shall1 whenever the ,assistant ,secretary determines such action is necessary or appropriate-- 7#a7 promote and provide assistance for the education and training of socially disadvantaged individuals in subjects directly relating to business administration and management2 7#b7 join with1 and encourage1 institutions of higher education1 leaders in business and industry1 and other public sector and private sector entities1 particularly minority business enterprises1 to-- 7,a7 develop programs to offer scholarships and fellowships1 apprenticeships1 and internships relating to business to socially disadvantaged individuals2 and 7,b7 sponsor seminars1 conferences1 and similar activities relating to business for the benefit of socially disadvantaged individuals2 7#c7 stimulate and accelerate curriculum design and improvement in support of development of minority business enterprises2 and 7#d7 encourage and assist private institutions and organizations and public sector entities to undertake activities similar to the activities described in paragraphs 7#a71 7#b71 and 7#c74 7b7 ,parren ,j4 ,mitchell entrepreneurship education grants 7#a7 ,definition ,in this subsection1 the term eligible institution means an institution of higher education described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#b7 ,grants ,the ,assistant ,secretary shall award grants to eligible institutions to develop and implement entrepreneurship curricula4 7#c7 ,requirements ,an eligible institution that receives a grant awarded under this subsection shall use the grant funds to-- 7,a7 develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs1 including-- 7i7 business management and marketing2 7ii7 financial management and accounting2 7iii7 market analysis2 7iv7 competitive analysis2 7v7 innovation2 7vi7 strategic planning2 and 7vii7 any other skill set that the eligible institution determines is necessary for the students served by the eligible institution and the community in which the eligible institution is located2 and 7,b7 implement the curriculum developed under subparagraph 7,a7 at the eligible institution4 7#d7 ,implementation timeline ,the ,assistant ,secretary shall establish and publish a timeline under which an eligible institution that receives a grant under this section shall carry out the requirements under paragraph 7#c74 7#e7 ,reports ,each year1 the ,assistant ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 a report evaluating the awarding and use of grants under this subsection during the fiscal year immediately preceding the date on which the report is submitted1 which shall include1 with respect to that fiscal year-- 7,a7 a description of each curriculum developed and implemented under each grant awarded under this section2 7,b7 the date on which each grant awarded under this section was awarded2 and 7,c7 the number of eligible entities that were recipients of grants awarded under this section4 #d ,administrative and other powers of the ,agency2 miscellaneous provisions #dbea4 ,administrative powers 7a7 ,in general ,in carrying out this subtitle1 the ,assistant ,secretary may-- 7#a7 adopt and use a seal for the ,agency1 which shall be judicially noticed2 7#b7 hold hearings1 sit and act1 and take testimony as the ,assistant ,secretary may determine to be necessary or appropriate to carry out this subtitle2 7#c7 acquire1 in any lawful manner1 any property that the ,assistant ,secretary may determine to be necessary or appropriate to carry out this subtitle2 7#d7 make advance payments under grants1 contracts1 and cooperative agreements awarded under this subtitle2 7#e7 enter into agreements with other ,federal agencies2 7#f7 coordinate with the heads of the ,offices of ,small and ,disadvantaged ,business ,utilization of ,federal agencies2 7#g7 require a coordinated review of all training and technical assistance activities that are proposed to be carried out by ,federal agencies in direct support of the development of minority business enterprises to-- 7,a7 ensure consistency with the purposes of this subtitle2 and 7,b7 avoid duplication of existing efforts2 and 7#h7 prescribe such rules1 regulations1 and procedures as the ,agency may determine to be necessary or appropriate to carry out this subtitle4 7b7 ,employment of certain experts and consultants 7#a7 ,in general ,in carrying out this subtitle1 the ,assistant ,secretary may procure by contract the temporary or intermittent services of experts or consultants or an organization thereof1 as authorized under section #caji of title #e1 ,united ,states ,code4 7#b7 ,renewal of contracts ,the ,assistant ,secretary may annually renew a contract entered into under paragraph 7#a74 7c7 ,donation of property 7#a7 ,in general ,subject to paragraph 7#b71 in carrying out this subtitle1 the ,assistant ,secretary may1 without cost 7except for costs of care and handling71 donate for use by any public sector entity1 or by any recipient nonprofit organization1 for the purpose of the development of minority business enterprises1 any real or tangible personal property acquired by the ,agency in carrying out this subtitle4 7#b7 ,terms1 conditions1 reservations1 and restrictions ,the ,assistant ,secretary may impose reasonable terms1 conditions1 reservations1 and restrictions upon the use of any property donated under paragraph 7#a74 #dbeb4 ,financial assistance 7a7 ,in general 7#a7 ,provision of financial assistance ,to carry out sections #dbba1 #dbbb1 and #dbbc7;a71 the ,assistant ,secretary may provide financial assistance to public sector entities and private sector entities in the form of contracts1 grants1 or cooperative agreements4 7#b7 ,notice ,not later than #abj days before the first day of each fiscal year1 the ,assistant ,secretary shall1 in accordance with subsection 7b71 broadly publish a statement regarding financial assistance that will1 or may1 be made available under paragraph 7#a7 in the first fiscal year that begins after the date on which the statement is published1 including-- 7,a7 the actual1 or anticipated1 amount of financial assistance that will1 or may1 be made available2 7,b7 the types of financial assistance that will1 or may1 be made available2 7,c7 the manner in which financial assistance will be allocated among public sector entities and private sector entities1 as applicable2 and 7,d7 the methodology used by the ,assistant ,secretary to make allocations under subparagraph 7,c74 7#c7 ,consultation ,the ,assistant ,secretary shall consult with public sector entities and private sector entities1 as applicable1 in deciding the amounts and types of financial assistance to make available under paragraph 7#a74 7b7 ,publicity ,in carrying out this section1 the ,assistant ,secretary shall broadly publicize all opportunities for financial assistance available under this section1 including-- 7#a7 on the website of the ,agency2 and 7#b7 via social media outlets4 #dbec4 ,audits 7a7 ,recordkeeping requirement ,each recipient of assistance under this subtitle shall keep such records as the ,assistant ,secretary shall prescribe1 including records that fully disclose1 with respect to the assistance received by the recipient under this subtitle-- 7#a7 the amount and nature of that assistance2 7#b7 the disposition by the recipient of the proceeds of that assistance2 7#c7 the total cost of the undertaking for which the assistance is given or used2 7#d7 the amount and nature of the portion of the cost of the undertaking described in paragraph 7#c7 that is supplied by a source other than the ,agency2 and 7#e7 any other records that will facilitate an effective audit of the assistance4 7b7 ,access by ,government officials ,the ,assistant ,secretary1 the ,inspector ,general of the ,department of ,commerce1 and the ,comptroller ,general of the ,united ,states1 or any duly authorized representative of any such individual1 shall have access1 for the purpose of audit1 investigation1 and examination1 to any book1 document1 paper1 record1 or other material of a recipient of assistance under this subtitle that pertains to the assistance received by the recipient under this subtitle4 #dbed4 ,review and report by ,comptroller ,general ,not later than #d years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a thorough review of the programs carried out under this subtitle2 and 7#b7 submit to ,congress a detailed report of the findings of the ,comptroller ,general of the ,united ,states under the review carried out under paragraph 7#a71 which shall include-- 7,a7 an evaluation of the effectiveness of the programs in achieving the purposes of this subtitle2 7,b7 a description of any failure by any recipient of assistance under this subtitle to comply with the requirements under this subtitle2 and 7,c7 recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this subtitle4 #dbee4 ,annual reports2 recommendations 7a7 ,annual report ,not later than #ij days after the last day of each fiscal year1 the ,assistant ,secretary shall submit to ,congress1 and publish on the website of the ,agency1 a report of each activity of the ,agency carried out under this subtitle during the fiscal year preceding the date on which the report is submitted4 7b7 ,recommendations ,the ,assistant ,secretary shall periodically submit to ,congress and the ,president recommendations for legislation or other actions that the ,assistant ,secretary determines to be necessary or appropriate to promote the purposes of this subtitle4 #dbef4 ,separability ,if a provision of this subtitle1 or the application of a provision of this subtitle to any person or circumstance1 is held by a court of competent jurisdiction to be invalid1 that judgment-- 7#a7 shall not affect1 impair1 or invalidate-- 7,a7 any other provision of this subtitle2 or 7,b7 the application of this subtitle to any other person or circumstance2 and 7#b7 shall be confined in its operation to-- 7,a7 the provision of this subtitle with respect to which the judgment is rendered2 or 7,b7 the application of the provision of this subtitle to each person or circumstance directly involved in the controversy in which the judgment is rendered4 #dbeg4 ,executive ,order #aafbe ,the powers and duties of the ,agency shall be determined-- 7#a7 in accordance with this subtitle and the requirements of this subtitle2 and 7#b7 without regard to ,executive ,order #aafbe 7#cf ,fed ,reg4 #aiifg2 relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise74 #dbeh4 ,amendment to the ,federal ,acquisition ,streamlining ,act of #aiid ,section #gajd7;c7 of the ,federal ,acquisition ,streamlining ,act of #aiid 7#ae ,u4,s4,c4 #fdd;a7c77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,the ,assistant ,secretary of ,commerce for ,minority ,business ,development4 4 ,c ,,prime program #dcja4 ,funding for ,,prime program ,out of any money in the ,treasury not otherwise appropriated1 there are appropriated1 for each of fiscal years #bjba and #bjbb1 to the ,administrator of the ,small ,business ,administration1 #ae1jjj1jjj to carry out the ,,prime ,act 7#ae ,u4,s4,c4 #fija et seq474 ,d ,providing real opportunities for growth to rising entrepreneurs for sustained success #ddja4 ,angel ,investor ,tax ,credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,u4 ,angel ,investor ,tax ,credit 7a7 ,general ,rule ,for purposes of section #ch1 the angel investor credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined for the taxable year for all qualified investments of the taxpayer4 7b7 ,credit amount ,for purposes of this section-- 7#a7 ,in general ,the term credit amount means1 with respect to any qualified investment in a qualifying business entity1 the lesser of-- 7,a7 #aj percent of the amount of the qualified investment determined under subsection 7c77#c7 for the taxable year1 or 7,b7 an amount equal to-- 7i7 #ej percent of such qualified investment1 reduced 7but not below zero7 by 7ii7 the amount of the credit determined under this section with respect to such qualified investment of the taxpayer for all preceding taxable years4 7#b7 ,overall dollar limitation 7,a7 ,in general ,the credit amount determined under paragraph 7#a7 with respect to any qualified investment of a taxpayer in a qualifying business entity for any taxable year shall not exceed the lesser of-- 7i7 #aj1jjj 7as increased for the taxable year by the cost-of-living adjustment under subsection 7e77#b771 or 7ii7 an amount equal to-- 7,i7 an amount equal to #e times the amount under clause 7i7 for the taxable year1 reduced 7but not below zero7 by 7,,ii7 the amount of the credit determined under this section with respect to such qualified investment of the taxpayer for all preceding taxable years4 7,b7 ,no credit amount by reason of cost-of-living adjustment after overall limit first reached ,no credit amount shall be determined under this section with respect to any qualified investment of a taxpayer in a qualifying business entity for any taxable year after the first taxable year for which the amount determined under subclause 7,,ii7 of subparagraph 7,a77ii7 equals or exceeds the amount determined under subclause 7,i7 of such subparagraph4 7#c7 ,reduction in credit amount where loan rate exceeds prime rate 7,a7 ,in general ,if-- 7i7 the rate of interest 7expressed as an annual percentage rate7 on a qualified investment which is a qualifying loan1 exceeds 7ii7 the bank prime rate as of the first day of the month in which the loan is entered into 7or such other time as the ,secretary may specify71 then each of the amounts determined under subparagraphs 7,a7 and 7,b77i7 of paragraph 7#a7 shall be reduced 7but not below zero7 by the amount which bears the same ratio to such amount as the number of full percentage points by which such rate of interest exceeds such bank prime rate bears to #be4 7,b7 ,special rules where qualifying loans treated as part of single investment ,if one or more qualifying loans to which subparagraph 7,a7 applies are treated as part of a single qualified investment under subsection 7c77#a71 then1 for purposes of this subsection-- 7i7 the credit amount under paragraph 7#a7 for such single qualified investment shall be the sum of such credit amounts computed separately for each such qualifying loan and such credit amount computed for all other qualified investments treated as part of such single qualified investment1 and 7ii7 the limitation under paragraph 7#b7 shall be applied to such sum4 7,c7 ,rules relating to interest rates 7i7 ,annual percentage rate ,the ,secretary shall prescribe guidance or regulations for the calculation of the annual percentage rate of interest on a loan for purposes of subparagraph 7,a77i71 including rules which provide for-- 7,i7 the calculation of the annual percentage rate in cases where there is a variable rate of interest1 7,,ii7 the recalculation of the annual percentage rate where the terms of the loan are modified after the loan is entered into1 and 7,,iii7 the proper taking into account of lump sum payments1 orientation and application fees1 closing fees1 invoice discounting fees1 and any other loan fees4 7ii7 ,bank prime rate ,for purposes of subparagraph 7,a77ii71 the term bank prime rate means the average predominant prime rate quoted by commercial banks to large businesses1 as determined by the ,board of ,governors of the ,federal ,reserve ,system4 7#d7 ,special rules for pass-thru entities ,for purposes of this subsection1 if a qualified investment in a qualifying business entity is made by a partnership1 trust1 ,s corporation1 or other pass-thru entity1 the limitations under this subsection with respect to the qualified investment shall apply at the partnership or other entity level and not at the partner or similar level4 7c7 ,qualified investment ,for purposes of this section-- 7#a7 ,in general ,the term qualified investment means1 with respect to any qualifying business entity1 either of the following of the taxpayer3 7,a7 ,the direct or indirect acquisition of stock1 or a capital interest1 in the entity at its original issue solely in exchange for cash4 7,b7 ,a qualifying loan made to the entity4 ,if a taxpayer has or had more than #a qualified investment in any qualifying business entity for the taxable year or any prior taxable year1 all such investments shall be treated as a single qualified investment for purposes of applying this section4 7#b7 ,exception for investments made by qualified active investors and related persons ,such term shall not include any acquisition or loan made by a taxpayer who1 immediately before the acquisition or loan1 is a qualified active investor in the qualifying business entity or is related to any qualified active investor4 7#c7 ,amount of qualified investment ,the amount of a taxpayer's qualified investment with respect to any qualifying business entity for any taxable year shall be the monthly average for months ending within the taxable year of-- 7,a7 the taxpayer's aggregate unadjusted bases in all stock or interests described in paragraph 7#a77;,a7 as of the close of each such month1 and 7,b7 the aggregate outstanding principal amount of all qualified loans described in paragraph 7#a77;,b7 as of the close of each such month4 7#d7 ,special rules for transfers of qualifying loans 7,a7 ,in general ,if a taxpayer sells1 exchanges1 or otherwise transfers all or any portion of a qualifying loan which is a qualified investment in a qualifying business entity1 such investment shall be treated as a qualified investment in the hands of the transferee 7and not of the transferor7 for periods after the transfer4 ,this paragraph shall also apply to any subsequent transfer of such interest4 7,b7 ,coordination of limits ,in applying subsection 7b7 to any qualifying loan treated as a qualified investment of a transferee under this paragraph-- 7i7 all credits determined under this section for any periods before the transfer with respect to the qualified investment of any prior holder of such investment shall be taken into account under paragraphs 7#a77;,b77ii7 and 7#b77;,a77ii77,,ii7 of such subsection in the same manner as if such credits were determined for the transferee for prior taxable years1 and 7ii7 if only a portion of the qualified investment was transferred1 the amount taken into account under such paragraphs by reason of clause 7i7 shall be ratably reduced to reflect only the portion so transferred4 7d7 ,qualifying business entity ,for purposes of this section-- 7#a7 ,definition 7,a7 ,in general ,the term qualifying business entity means1 with respect to any qualified investment1 any entity which is engaged in the active conduct of one or more or more trades or businesses and with respect to which-- 7i7 the qualified active investor ownership requirements of paragraph 7#b7 are met immediately before and after the qualified investment1 7ii7 the wage requirements of paragraph 7#c7 are met1 and 7iii7 the certification requirements of paragraph 7#d7 are met4 7,b7 ,entities under common control ,for purposes of this section1 all qualifying business entities treated as a single employer under subsection 7a7 or 7b7 of section #eb or subsection 7m7 or 7o7 of section #dad shall be treated as a single qualifying business entity4 7#b7 ,qualified active investor ownership requirements ,the requirements of this paragraph are met with respect to any entity if qualified active investors own directly or indirectly-- 7,a7 in the case of a corporation1 more than #ej percent 7by vote and value7 of the stock in the corporation1 and 7,b7 in the case of any other entity1 more than #ej percent of the capital or profits interests in the entity4 7#c7 ,wage requirements 7,a7 ,in general ,the requirements of this paragraph are met with respect to any entity if the entity1 during the taxable year of the entity preceding the taxable year in which the qualified investment is made-- 7i7 employed at least #a full-time employee1 or employees constituting a full-time equivalent employee1 in one or more trades or businesses actively conducted by the entity1 and 7ii7 paid ,w-#b wages to such employee or employees with respect to such employment4 7,b7 ,certain wages not taken into account ,w-#b wages shall not be taken into account under subparagraph 7,a7 if paid by an entity to an employee1 and such employee shall not be taken into account under subparagraph 7,a77i71 during any period the employee is-- 7i7 a qualified active investor1 or 7ii7 an employee other than a qualified active investor who is a #e-percent owner 7as defined in section #daf7;i77#a77;,b77i77 of the entity4 7,c7 ,w-#b wages ,the term ,w-#b wages means1 with respect to any entity1 the amounts described in paragraphs 7#c7 and 7#h7 of section #fjea7;a7 paid by the entity with respect to employment of employees by the entity4 ,such term shall not include any amount which is not properly included in a return filed with the ,social ,security ,administration on or before the #fjth day after the due date 7including extensions7 for such return4 7,d7 ,full-time employees and equivalents ,for purposes of this paragraph-- 7i7 the term full-time employee has the meaning given to such term by section #dihj;,h7c77#d71 and 7ii7 the determination of the number of employees constituting a full-time equivalent shall be made in the same manner as under section #dihj;,h7c77#b77;,e74 7#d7 ,certification requirements 7,a7 ,in general ,the requirements of this paragraph are met with respect to any entity if the entity certifies1 in such form and manner and at such time as the ,secretary may prescribe1 that1 at the time of the qualified investment1 the entity-- 7i7 is engaged in the active conduct of one or more trades or businesses1 and 7ii7 meets the requirements of paragraphs 7#b7 and 7#c7 to be treated as a qualifying business entity4 7,b7 ,certification provided to investors and ,secretary ,an entity shall-- 7i7 provide the certification under subparagraph 7,a7 to the person making the qualified investment at the time such investment is made1 and 7ii7 include such certification1 and the names1 addresses1 and taxpayer identification numbers of the entity's qualified active investors and the persons making the qualified investment1 with its return of tax for the taxable year which includes the date of the qualified investment4 7,c7 ,certification included with return claiming credit ,no credit shall be determined under subsection 7a7 with respect to any taxpayer making a qualified investment in a qualifying business entity unless the taxpayer includes the certification under subparagraph 7,a7 with respect to the investment with its return of tax for any taxable year for which such credit is being claimed4 7,d7 ,timely filed return required ,the requirements of subparagraph 7,b77ii7 or 7,c7 shall be treated as met only if the return described in such subparagraph is filed on or before its due date 7including extensions74 7#e7 ,qualified active investor 7,a7 ,in general ,the term qualified active investor means1 with respect to any entity1 an individual who-- 7i7 is a citizen or resident of the ,united ,states1 7ii7 materially participates 7within the meaning of section #dfi7;h77 in one or more trades or businesses actively conducted by the entity1 7iii7 holds stock1 or a capital or profits interest1 in the entity1 and 7iv7 meets the income requirements of subparagraph 7,b74 7,b7 ,income requirements ,the requirements of this subparagraph are met with respect to an individual if the average annual taxable income of the individual for the #c taxable years of the individual immediately preceding the taxable year in which the qualified investment is made does not exceed the applicable amount4 7,c7 ,applicable amount ,for purposes of this paragraph1 the term applicable amount means1 with respect to any taxable year in which a qualified investment is made-- 7i7 in the case of an individual not described in clause 7ii71 #ajj1jjj 7as increased for the taxable year by the cost-of-living adjustment under subsection 7e77#b771 and 7ii7 in the case of an individual who is a married individual filing a joint return or who is a head of household 7as defined in section #b7;b77 for the taxable year1 an amount equal to #b times the amount in effect under clause 7i7 for the taxable year4 7,d7 ,rules for determining average taxable income ,for purposes of this paragraph-- 7i7 a married individual filing a separate return of tax for any taxable year shall include the taxable income of their spouse in computing the individual's average taxable income for any period unless the ,secretary determines that the spouse's information is not available to the individual1 and 7ii7 the ,secretary shall prescribe rules for the determination of average taxable income in cases where the individual had different filing statuses for the #c taxable years described in subparagraph 7,b74 7e7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,related persons ,a person shall be treated as related to another person if the person bears a relationship to such other person described in section #bfg7;b71 except that section #bfg7;b7 shall be applied by substituting #e percent for #ej percent each place it appears4 7#b7 ,cost-of-living adjustments ,in the case of any taxable year beginning after #bjba1 the #aj1jjj amount under subsection 7b77#b77;,a77i7 and the #ajj1jjj amount under subsection 7d77#e77;,c77i7 shall each be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting #bjbj for #bjaf in subparagraph 7,a77ii7 thereof4 ,if any increase in such #aj1jjj amount is not a multiple of #ajj1 such increase shall be rounded to the next lowest multiple of #ajj and if any increase in such #ajj1jjj amount is not a multiple of #a1jjj1 such increase shall be rounded to the next lowest multiple of #a1jjj4 7#c7 ,rules relating to entities 7,a7 ,sole proprietorships ,if a taxpayer carries on one or more trades or businesses as sole proprietorships1 all such trades or businesses shall be treated as a single entity for purposes of applying this section4 7,b7 ,application to disregarded entities ,in the case of any entity with a single owner which is disregarded as an entity separate from its owner for purposes of this title1 this section shall be applied in the same manner as if such entity were a corporation4 7f7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary to carry out the provisions of this section4 4 7b7 ,credit ,to be part of general business credit ,section #ch7;b7 of such ,code is amended by striking plus at the end of paragraph 7#cb71 by striking the period at the end of paragraph 7#cc7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cd7 the angel investor credit determined under section #de,u7a74 4 7c7 ,credit allowed against alternative minimum tax ,section #ch7;c77#d77;,b7 of such ,code is amended by redesignating clauses 7x71 7xi71 and 7xii7 as clauses 7xi71 7xii71 and 7xiii71 respectively1 and by inserting after clause 7ix7 the following new clause3 7x7 the credit determined under section #de,u1 4 7d7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,u4 ,angel investor tax credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to qualified investments made in taxable years beginning after ,december #ca1 #bjbj4 #ddjb4 ,first ,employee ,business ,wage ,credit 7a7 ,allowance of credit 7#a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf1 as amended by section #ddja1 is amended by adding at the end the following new section3 #de,v4 ,first ,employee ,business ,wage ,credit 7a7 ,general ,rule ,for purposes of section #ch1 in the case of a qualifying business entity1 the first employee business wage credit determined under this section for any taxable year is an amount equal to #be percent of the qualified wages of the entity for the taxable year4 7b7 ,dollar limitations 7#a7 ,in general ,the amount of the credit determined under subsection 7a7 with respect to any qualifying business entity for any taxable year shall not exceed the lesser of-- 7,a7 #aj1jjj 7as increased for the taxable year by the cost-of-living adjustment under subsection 7f771 or 7,b7 the excess 7if any7 of-- 7i7 an amount equal to #d times the amount under subparagraph 7,a7 for the taxable year1 over 7ii7 the amount of the credit determined under this section with respect to such entity for all preceding taxable years4 7#b7 ,no credit by reason of cost-of-living adjustment after overall limit first reached ,no credit shall be determined under this section with respect to any qualifying business entity for any taxable year after the first taxable year for which the amount determined under clause 7ii7 of paragraph 7#a77;,b7 equals or exceeds the amount determined under clause 7i7 of such paragraph4 7#c7 ,pass-thru entities ,if a qualifying business entity is a partnership1 trust1 ,s corporation1 or other pass-thru entity1 the limitations under this subsection shall apply at the partnership or other entity level and not at the partner or similar level4 7c7 ,qualified wages ,for purposes of this section-- 7#a7 ,in general ,the term qualified wages means1 with respect to any qualifying business entity1 the amount of ,w-#b wages paid or incurred during any eligible taxable year to employees for services performed in connection with the active conduct of a trade or business by the entity4 7#b7 ,exception for qualified active investors and #e-percent owner-employees ,w-#b wages shall not be taken into account under paragraph 7#a7 if paid by an entity to an employee1 and such employee shall not be taken into account under paragraph 7#c77;,a71 during any period the employee is-- 7,a7 a qualified active investor1 or 7,b7 an employee other than a qualified active investor who is a #e-percent owner 7as defined in section #daf7;i77#a77;,b77i77 of the entity4 7#c7 ,eligible taxable year 7,a7 ,in general ,the term eligible taxable year means any taxable year of a qualifying business entity-- 7i7 which occurs during the period-- 7,i7 beginning with the first taxable year of the entity in which the entity employed at least #a full-time employee 7or employees constituting a full-time equivalent employee7 in one or more trades or businesses actively conducted by the entity during the taxable year and paid ,w-#b wages to such employee or employees with respect to such employment1 and 7,,ii7 ending with the last taxable year for which a credit may be determined for the entity under this section by reason of the limitation under subsection 7b77#b71 and 7ii7 in the case of a taxable year other than the first taxable year described in clause 7i77,i71 with respect to which the entity meets the employment and wage requirements of such clause4 ,such term shall not include any taxable year during such a period if the first taxable year described in clause 7i77,i7 of the entity 7or any predecessor7 begins before ,january #a1 #bjba4 7,b7 ,w-#b wages2 full-time employees ,for purposes of this subsection1 ,w-#b wages1 full-time employees1 and full-time employee equivalents shall be determined in the same manner as under section #de,u4 7d7 ,qualifying business entity ,for purposes of this section-- 7#a7 ,qualifying business entity defined 7,a7 ,in general ,the term qualifying business entity means1 with respect to any taxable year for which a credit under this section is being determined1 any entity-- 7i7 which is engaged in the active conduct of one or more trades or businesses1 7ii7 with respect to which the qualified active investor ownership requirements of paragraph 7#b7 of section #de,u7d7 are met as of the close of such taxable year 7rather than immediately before and after the qualified investment71 and 7iii7 with respect to which the certification requirements of paragraph 7#b7 are met4 7,b7 ,entities under common control ,for purposes of this section-- 7i7 ,in general ,all qualifying business entities treated as a single employer under subsection 7a7 or 7b7 of section #eb or subsection 7m7 or 7o7 of section #dad shall be treated as a single qualifying business entity4 7ii7 ,allocation of credit ,except as provided in regulations1 the credit under this section shall be allocated among the entities comprising the single entity described in clause 7i7 in proportion to the qualified wages of each such entity taken into account under subsection 7a74 7#b7 ,certification requirements 7,a7 ,in general ,the requirements of this paragraph are met with respect to any entity for any taxable year described in paragraph 7#a7 if the entity certifies1 in such form and manner and at such time as the ,secretary may prescribe1 that the entity meets the requirements described in clauses 7i7 and 7ii7 of paragraph 7#a77;,a74 7,b7 ,certification provided to ,secretary ,an entity shall include the certification under subparagraph 7,a71 and the names1 addresses1 and taxpayer identification numbers of the entity's qualified active investors 7and employees who are #e-percent owners described in subsection 7c77#b77;,b771 with its return of tax for the taxable year to which the certification relates4 ,the requirement of this subparagraph is met only if such return is filed before its due date 7including extensions74 7#c7 ,qualified active investor ,for purposes of this section 7including applying the requirements of paragraph 7#b7 of section #de,u7d7 for purposes of paragraph 7#a77;,a77ii771 the term qualified active investor has the same meaning given such term by section #de,u7d77#e71 except that such section shall be applied separately for each taxable year described in paragraph 7#a7 7rather than the taxable year of the qualified investment74 7e7 ,election ,to apply credit against payroll taxes 7#a7 ,in general ,at the election of a qualifying business entity1 section #caaa7;g7 shall apply to the payroll tax credit portion of the credit otherwise determined under subsection 7a7 for the taxable year and such portion shall not be treated 7other than for purposes of section #bhj;,c7 as a credit determined under subsection 7a74 7#b7 ,payroll tax credit portion ,for purposes of this subsection1 the payroll tax credit portion of the credit determined under subsection 7a7 with respect to any qualifying business entity for any taxable year is the least of-- 7,a7 the amount specified in the election made under this subsection1 7,b7 the credit determined under subsection 7a7 for the taxable year 7determined before the application of this subsection71 or 7,c7 in the case of a qualifying business entity other than a partnership1 estate1 ,s corporation or other pass-thru entity1 the amount of the business credit carryforward under section #ci carried from the taxable year 7determined before the application of this subsection to the taxable year74 7#c7 ,election 7,a7 ,in general ,any election under this subsection for any taxable year-- 7i7 shall specify the amount of the credit to which such election applies1 7ii7 shall be made on or before the due date 7including extensions7 of the return for the taxable year1 and 7iii7 may be revoked only with the consent of the ,secretary4 7,b7 ,special rule for pass-thru entities ,in the case of a partnership1 estate1 ,s corporation1 or other pass-thru entity1 the election made under this subsection shall be made at the entity level4 7f7 ,cost-of-,living adjustments ,in the case of any taxable year beginning after #bjba1 the #aj1jjj amount under subsection 7b77#a77;,a7 shall be increased by an amount equal to-- 7#a7 such dollar amount1 multiplied by 7#b7 the cost-of-living adjustment under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting #bjbj for #bjaf in subparagraph 7,a77ii7 thereof4 ,if any increase in such amount is not a multiple of #ajj1 such increase shall be rounded to the next lowest multiple of #ajj4 7g7 ,other rules ,for purposes of this section-- 7#a7 ,rules relating to entities ,rules similar to the rules of section #de,u7e77#c7 shall apply4 7#b7 ,election not to have credit apply 7,a7 ,in general ,a taxpayer may elect not to have this section apply for any taxable year4 7,b7 ,other rules ,rules similar to the rules of paragraphs 7#b7 and 7#c7 of section #ea7;j7 shall apply for purposes of this paragraph4 7#c7 ,certain other rules made applicable ,rules similar to the rules of subsections 7c71 7d71 and 7e7 of section #eb shall apply4 7h7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary to carrying out the provisions of this section1 including regulations-- 7#a7 preventing the avoidance of the limitations under this section in cases in which there is a successor or new qualified business entity with respect to the same trade or business for which a predecessor qualified business entity already claimed the credit under this section1 7#b7 to minimize compliance and recordkeeping burdens under the provisions of this section1 and 7#c7 for recapturing the benefit of credits determined under section #caaa7;g7 in cases where there is a recapture or a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection 7a71 including requiring amended income tax returns in the cases where there is such an adjustment4 4 7#b7 ,credit to be part of general business credit ,section #ch7;b7 of such ,code1 as amended by section #ddja1 is amended by striking plus at the end of paragraph 7#cc71 by striking the period at the end of paragraph 7#cd7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#ce7 the first employee business wage credit determined under section #de,v7a74 4 7#c7 ,credit allowed against alternative minimum tax ,section #ch7;c77#d77;,b7 of such ,code1 as amended by section #ddja1 is amended by redesignating clauses 7xi71 7xii71 and 7xiii7 as clauses 7xii71 7xiii71 and 7xiv71 respectively1 and by inserting after clause 7x7 the following new clause3 7xi7 the credit determined under section #de,v1 4 7#d7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code1 as amended by section #ddja1 is amended by adding at the end the following new item3 ,sec4 #de,v4 ,first employee business wage credit4 4 7b7 ,payroll tax credit ,section #caaa of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7g7 ,credit for first employee business wage expenses 7#a7 ,in general ,in the case of a taxpayer who has made an election under section #de,v7e7 for a taxable year1 there shall be allowed as a credit against the tax imposed by subsection 7a7 for the first calendar quarter which begins after the date on which the taxpayer files the return for the taxable year an amount equal to the payroll tax credit portion determined under section #de,v7e77#b74 7#b7 ,limitation ,the credit allowed by paragraph 7#a7 shall not exceed the tax imposed by subsection 7a7 for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer4 7#c7 ,carryover of unused credit ,if the amount of the credit under paragraph 7#a7 exceeds the limitation of paragraph 7#b7 for any calendar quarter1 such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph 7#a7 for such quarter4 7#d7 ,deduction allowed for credited amounts ,notwithstanding section #bhj;,c7a71 the credit allowed under paragraph 7#a7 shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter #a for taxes imposed under subsection 7a74 4 7c7 ,coordination with deductions and other credits 7#a7 ,deductions ,section #bhj;,c7a7 of the ,internal ,revenue ,code of #aihf is amended by inserting #de,v7a71 after #de,s7a714 7#b7 ,other credits 7,a7 ,section #da7;b77#b77;,d7 of such ,code is amended by adding at the end the following3 7iv7 ,exclusion for wages to which first employee wage credit applies ,the term wages shall not include any amount taken into account in determining the credit under section #de,v4 4 7,b7 ,section #de;,a7b77#a7 of such ,code is amended by adding at the end the following3 7,c7 ,coordination with first employee wage credit ,the term qualified wages shall not include wages if any portion of such wages is taken into account in determining the credit under section #de,v4 4 7,c7 ,section #acif7;c77#c7 of such ,code is amended-- 7i7 by striking section #ea each place it appears and inserting section #de,v or #ea1 and 7ii7 by inserting and first employee wage after opportunity in the heading thereof4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 ,e ,community development investment #deja4 ,short title ,this subtitle may be cited as the ,jobs and ,neighborhood ,investment ,act4 #dejb4 ,purpose ,the purpose of this subtitle is to-- 7#a7 establish programs to revitalize and provide long-term financial products and service availability for1 and provide investments in1 low- and moderate-income and minority communities2 7#b7 respond to the unprecedented loss of ,black-owned businesses and unemployment2 and 7#c7 otherwise enhance the stability1 safety and soundness of community financial institutions that support low- and moderate-income and minority communities4 #dejc4 ,considerations2 requirements for creditors 7a7 ,in general ,in exercising the authorities under this subtitle and the amendments made by this subtitle1 the ,secretary of the ,treasury shall take into consideration-- 7#a7 increasing the availability of affordable credit for consumers1 small businesses1 and nonprofit organizations1 including for projects supporting affordable housing1 community-serving real estate1 and other projects1 that provide direct benefits to low- and moderate-income communities1 low-income and underserved individuals1 and minorities2 7#b7 providing funding to minority-owned or minority-led eligible institutions and other eligible institutions that have a strong track record of serving minority small businesses2 7#c7 protecting and increasing jobs in the ,united ,states2 7#d7 increasing the opportunity for small business1 affordable housing and community development in geographic areas and demographic segments with poverty and high unemployment rates that exceed the average in the ,united ,states2 7#e7 ensuring that all low- and moderate-income community financial institutions may apply to participate in the programs established under this subtitle and the amendments made by this subtitle1 without discrimination based on geography2 7#f7 providing transparency with respect to use of funds provided under this subtitle and the amendments made by this subtitle2 7#g7 promoting and engaging in financial education to would-be borrowers2 and 7#h7 providing funding to eligible institutions that serve consumers1 small businesses1 and nonprofit organizations to support affordable housing1 community-serving real estate1 and other projects that provide direct benefits to low- and moderate-income communities1 low-income individuals1 and minorities directly affected by the ,,covid-#ai pandemic4 7b7 ,requirement for creditors ,any creditor participating in a program established under this subtitle or the amendments made by this subtitle shall fully comply with all applicable statutory and regulatory requirements relating to fair lending4 #dejd4 ,sense of ,congress ,the following is the sense of ,congress3 7#a7 ,the ,department of the ,treasury1 ,board of ,governors of the ,federal ,reserve ,system1 ,small ,business ,administration1 ,office of the ,comptroller of the ,currency1 ,federal ,deposit ,insurance ,corporation1 ,national ,credit ,union ,administration1 and other ,federal agencies should take steps to support1 engage with1 and utilize minority depository institutions and community development financial institutions in the near term1 especially as they carry out programs to respond to the ,,covid-#ai pandemic1 and the long term4 7#b7 ,the ,board of ,governors of the ,federal ,reserve ,system should1 consistent with its mandates1 work to increase lending by minority depository institutions and community development financial institutions to underserved communities1 and when appropriate1 should work with the ,department of the ,treasury to increase lending by minority depository institutions and community development financial institutions to underserved communities4 7#c7 ,the ,department of the ,treasury and prudential regulators should establish a strategic plan identifying concrete steps that they can take to support existing minority depository institutions1 as well as the formation of new minority depository institutions consistent with the goals established in the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi to preserve and promote minority depository institutions4 7#d7 ,congress should increase funding and make other enhancements1 including those provided by this legislation1 to enhance the effectiveness of the ,,cdfi ,fund1 especially reforms to support minority-owned and minority led ,c,d,f,is in times of crisis and beyond4 7#e7 ,congress should conduct robust and ongoing oversight of the ,department of the ,treasury1 ,,cdfi ,fund1 ,federal prudential regulators1 ,,sba1 and other ,federal agencies to ensure they fulfill their obligations under the law as well as implement this title and other laws in a manner that supports and fully utilizes minority depository institutions and community development financial intuitions1 as appropriate4 7#f7 ,the investments made by the ,secretary of the ,treasury under this subtitle and the amendments made by this subtitle should be designed to maximize the benefit to low- and moderate-income and minority communities and contemplate losses to capital of the ,treasury4 #deje4 ,neighborhood ,capital ,investment ,program ,title ,,iv of the ,,cares ,act 7#ae ,u4,s4,c4 #ijda et seq47 is amended-- 7#a7 in section #djjb 7#ae ,u4,s4,c4 #ijda7-- 7,a7 by redesignating paragraphs 7#g7 through 7#aj7 as paragraphs 7#i7 through 7#ab71 respectively2 and 7,b7 by inserting after paragraph 7#f7 the following3 7#g7 ,low- and moderate-income community financial institution ,the term low- and moderate-income community financial institution means any financial institution that is-- 7,a7 a community development financial institution1 as defined in section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb72 or 7,b7 a minority depository institution4 7#h7 ,minority depository institution ,the term minority depository institution-- 7,a7 has the meaning given that term under section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note72 7,b7 means an entity considered to be a minority depository institution by-- 7i7 the appropriate ,federal banking agency1 as defined in section #c of the ,federal ,deposit ,insurance ,act7#ab ,u4,s4,c4 #ahac72 or 7ii7 the ,national ,credit ,union ,administration1 in the case of an insured credit union2 and 7,c7 means an entity listed in the ,federal ,deposit ,insurance ,corporation's ,minority ,depository ,institutions ,list published for the ,second ,quarter #bjbj4 2 7#b7 in section #djjc 7#ae ,u4,s4,c4 #ijdb71 by adding at the end the following3 7i7 ,neighborhood ,capital ,investment ,program 7#a7 ,definitions ,in this subsection-- 7,a7 the term community development financial institution has the meaning given the term in section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb72 7,b7 the term ,fund means the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a772 7,c7 the term minority means any ,black ,american1 ,native ,american1 ,hispanic ,american1 or ,asian ,american2 7,d7 the term ,program means the ,neighborhood ,capital ,investment ,program established under paragraph 7#b72 and 7,e7 the ,secretary means the ,secretary of the ,treasury4 7#b7 ,establishment ,the ,secretary of the ,treasury shall establish a ,neighborhood ,capital ,investment ,program to support the efforts of low- and moderate-income community financial institutions to1 among other things1 provide loans and forbearance for small businesses1 minority-owned businesses1 and consumers1 especially in low-income and underserved communities1 by providing direct capital investments in low- and moderate-income community financial institutions4 7#c7 ,application 7,a7 ,acceptance ,the ,secretary shall begin accepting applications for capital investments under the ,program not later than the end of the #cj-;day period beginning on the date of enactment of this subsection1 with priority in distribution given to low- and moderate-income community financial institutions that are minority lending institutions1 as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7,b7 ,requirement to provide a neighborhood investment lending plan 7i7 ,in general ,at the time that an applicant submits an application to the ,secretary for a capital investment under the ,program1 the applicant shall provide the ,secretary1 along with the appropriate ,federal banking agency1 an investment and lending plan that-- 7,i7 demonstrates that not less than #cj percent of the lending of the applicant over the past #b fiscal years was made directly to low- and moderate income borrowers1 to borrowers that create direct benefits for low- and moderate-income populations1 to other targeted populations as defined by the ,fund1 or any combination thereof1 as measured by the total number and dollar amount of loans2 7,,ii7 describes how the business strategy and operating goals of the applicant will address community development needs1 which includes the needs of small businesses1 consumers1 nonprofit organizations1 community development1 and other projects providing direct benefits to low- and moderate-income communities1 low-income individuals1 and minorities within the minority1 rural1 and urban low-income and underserved areas served by the applicant2 7,,iii7 includes a plan to provide linguistically and culturally appropriate outreach1 where appropriate2 7,,iv7 includes an attestation by the applicant that the applicant does not own1 service1 or offer any financial products at an annual percentage rate of more than #cf percent interest1 as defined in section #ihg7;i77#d7 of title #aj1 ,united ,states ,code1 and is compliant with ,state interest rate laws2 and 7,v7 includes details on how the applicant plans to expand or maintain significant lending or investment activity in low- or moderate-income minority communities1 to historically disadvantaged borrowers1 and to minorities that have significant unmet capital or financial services needs4 7ii7 ,community development loan funds ,an applicant that is not an insured community development financial institution or otherwise regulated by a ,federal financial regulator shall submit the plan described in clause 7i7 only to the ,secretary4 7iii7 ,documentation ,in the case of an applicant that is certified as a community development financial institution as of the date of enactment of this subsection1 for purposes of clause 7i77,i71 the ,secretary may rely on documentation submitted the ,fund as part of certification compliance reporting4 7#d7 ,incentives to increase lending and provide affordable credit 7,a7 ,requirements on preferred stock and other financial instrument ,any financial instrument issued to ,treasury by a low- and moderate-income community financial institution under the ,program shall provide the following3 7i7 ,no dividends1 interest or other payments shall exceed #b percent per annum4 7ii7 ,after the first #bd months from the date of the capital investment under the ,program1 annual payments may be required1 as determined by the ,secretary and in accordance with this section1 and adjusted downward based on the amount of affordable credit provided by the low- and moderate-income community financial institution to borrowers in minority1 rural1 and urban low-income and underserved communities4 7iii7 ,during any calendar quarter after the initial #bd-month period referred to in clause 7ii71 the annual payment rate of a low- and moderate-income community financial institution shall be adjusted downward to reflect the following schedule1 based on lending by the institution relative to the baseline period3 7,i7 ,if the institution in the most recent annual period prior to the investment provides significant lending or investment activity in low- or moderate-income minority communities1 historically disadvantaged borrowers1 and to minorities that have significant unmet capital or financial services1 the annual payment rate shall not exceed #j4e percent per annum4 7,,ii7 ,if the amount of lending within minority1 rural1 and urban low-income and underserved communities and to low- and moderate-income borrowers has increased dollar for dollar based on the amount of the capital investment1 the annual payment rate shall not exceed #a percent per annum4 7,,iii7 ,if the amount of lending within minority1 rural1 and urban low-income and underserved communities and to low- and moderate-income borrowers has increased by twice the amount of the capital investment1 the annual payment rate shall not exceed #j4e percent per annum4 7,b7 ,contingency of payments based on certain financial criteria 7i7 ,deferral ,any annual payments under this subsection shall be deferred in any quarter or payment period if any of the following is true3 7,i7 ,the low- and moderate-income community institution fails to meet the ,tier #a capital ratio or similar ratio as determined by the ,secretary4 7,,ii7 ,the low- and moderate-income community financial institution fails to achieve positive net income for the quarter or payment period4 7,,iii7 ,the low- and moderate-income community financial institution determines that the payment would be detrimental to the financial health of the institution4 7ii7 ,testing during next payment period ,any deferred annual payment under this subsection shall be tested against the metrics described in clause 7i7 at the beginning of the next payment period1 and such payments shall continue to be deferred until the metrics described in that clause are no longer applicable4 7#e7 ,restrictions 7,a7 ,in general ,each low- and moderate-income community financial institution may only issue financial instruments or senior preferred stock under this subsection with an aggregate principal amount that is-- 7i7 not more than #ae percent of risk-weighted assets for an institution with assets of more than #b1jjj1jjj1jjj2 7ii7 not more than #be percent of risk-weighted assets for an institution with assets of not less than #ejj1jjj1jjj and not more than #b1jjj1jjj1jjj2 and 7iii7 not more than #cj percent of risk-weighted assets for an institution with assets of less than #ejj1jjj1jjj4 7,b7 ,holding of instruments ,holding any instrument of a low- and moderate-income community financial institution described in subparagraph 7,a7 shall not give the ,treasury or any successor that owns the instrument any rights over the management of the institution4 7,c7 ,sale of interest ,with respect to a capital investment made into a low- and moderate-income community financial institution under this subsection1 the ,secretary-- 7i7 except as provided in clause 7iv71 during the #aj-year period following the investment1 may not sell the interest of the ,secretary in the capital investment to a third party2 7ii7 shall provide the low- and moderate-income community financial institution a right of first refusal to buy back the investment under terms that do not exceed a value as determined by an independent third party2 and 7iii7 shall not sell more than a #e percent ownership interest in the capital investment to a single third party2 and 7iv7 with the permission of the institution1 may gift or sell the interest of the ,secretary in the capital investment for a de minimus amount to a mission aligned nonprofit affiliate of an applicant that is an insured community development financial institution1 as defined in section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7v7 ,calculation of ownership for minority depository institutions ,the calculation and determination of ownership thresholds for a depository institution to qualify as a minority depository institution described in section #djjb7g77;,b7 shall exclude any dilutive effect of equity investments by the ,federal ,government1 including under the ,program or through the ,fund4 7#f7 ,available amounts ,in carrying out the ,program1 the ,secretary shall use not more than #ac1jjj1jjj1jjj1 from amounts appropriated under section #djbg1 of which not less than #g1jjj1jjj1jjj shall be used for direct capital investments under the ,program4 7#g7 ,treatment of capital investments ,in making any capital investment under the ,program1 the ,secretary shall ensure that the terms of the investment are designed to ensure the investment receives ,tier #a capital treatment4 7#h7 ,outreach to minorities ,the ,secretary shall require low- and moderate-income community financial institutions receiving capital investments under the ,program to provide linguistically and culturally appropriate outreach and advertising describing the availability and application process of receiving loans made possible by the ,program through organizations1 trade associations1 and individuals that represent or work within or are members of minority communities4 7#i7 ,restrictions 7,a7 ,in general ,not later than the end of the #cj-;day period beginning on the date of enactment of this subsection1 the ,secretary of the ,treasury shall issue rules setting restrictions on executive compensation1 share buybacks1 and dividend payments for recipients of capital investments under the ,program4 7,b7 ,rule of construction ,the provisions of section #djai shall apply to investments made under the ,program4 7#aj7 ,termination of investment authority ,the authority to make capital investments in low- and moderate-income community financial institutions1 including commitments to purchase preferred stock or other instruments1 provided under the ,program shall terminate on the date that is #cf months after the date of enactment of this subsection4 7#aa7 ,collection of data ,notwithstanding the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47-- 7,a7 any low- and moderate-income community financial institution may collect data described in section #gja7;a77#a7 of that ,act 7#ae ,u4,s4,c4 #afia7;a77#a77 from borrowers and applicants for credit for the purpose of monitoring compliance under the plan required under paragraph 7#d77;,b72 and 7,b7 a low- and moderate-income community financial institution that collects the data described in subparagraph 7,a7 shall not be subject to adverse action related to that collection by the ,bureau of ,consumer ,financial ,protection or any other ,federal agency4 7#ab7 ,deposit of funds ,all funds received by the ,secretary in connection with purchases made pursuant this subsection1 including interest payments1 dividend payments1 and proceeds from the sale of any financial instrument1 shall be deposited into the ,fund and used to provide financial and technical assistance pursuant to section #ajh of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjg71 except that subsection 7e7 of that section shall be waived4 7#ac7 ,equity ,equivalent ,investment ,option 7,a7 ,in general ,the ,secretary shall establish an ,equity ,equivalent ,investment ,option1 under which1 with respect to a specific investment in a low- and moderate-income community financial institution-- 7i7 #hj percent of such investment is made by the ,secretary under the ,program2 and 7ii7 #bj percent of such investment if made by a banking institution4 7,b7 ,requirement to follow similar terms and conditions ,the terms and conditions applicable to investments made by the ,secretary under the ,program shall apply to any investment made by a banking institution under this paragraph4 7,c7 ,limitations ,the amount of a specific investment described under subparagraph 7,a7 may not exceed #aj1jjj1jjj1 but the receipt of an investment under subparagraph 7,a7 shall not preclude the recipient from being eligible for other assistance under the ,program4 7,d7 ,banking institution defined ,in this paragraph1 the term banking institution means any entity with respect to which there is an appropriate ,federal banking agency1 as defined in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7j7 ,application of the ,military lending ,act 7#a7 ,in general ,no low- and moderate-income community financial institution that receives an equity investment under subsection 7i7 shall1 for so long as the investment or participation continues1 make any loan at an annualized percentage rate above #cf percent1 as determined in accordance with section #ihg7;b7 of title #aj1 ,united ,states ,code 7commonly known as the ,military ,lending ,act74 7#b7 ,no exemptions permitted ,the exemption authority of the ,bureau under section #aje7;f7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjd7;f77 shall not apply with respect to this subsection4 4 #dejf4 ,emergency support for ,c,d,f,is and communities 7a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #d1jjj1jjj1jjj for fiscal year #bjba1 for providing financial assistance and technical assistance under subparagraphs 7,a7 and 7,b7 of section #ajh7;a77#a7 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjg7;a77#a771 except that subsection 7d7 of such section #ajh shall not apply to the provision of such assistance1 for the ,bank ,enterprise ,award program1 and for financial assistance1 technical assistance1 training1 and outreach programs designed to benefit ,native ,american1 ,native ,hawaiian1 and ,alaska ,native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in ,indian country1 ,native ,american organizations1 ,tribes and ,tribal organizations1 and other suitable providers4 7b7 ,set asides ,of the amounts appropriated pursuant to the authorization under subsection 7a71 the following amounts shall be set aside3 7#a7 ,up to #djj1jjj1jjj1 to remain available until expended1 to provide grants to ,c,d,f,is-- 7,a7 to expand lending or investment activity in low- or moderate-income minority communities and to minorities that have significant unmet capital or financial services needs1 of which not less than #aj1jjj1jjj may be for grants to benefit ,native ,american1 ,native ,hawaiian1 and ,alaska ,native communities2 and 7,b7 using a formula that takes into account criteria such as certification status1 financial and compliance performance1 portfolio and balance sheet strength1 a diversity of ,,cdfi business model types1 and program capacity1 as well as experience making loans and investments to those areas and populations identified in this paragraph4 7#b7 ,up to #afj1jjj1jjj1 to remain available until expended1 for technical assistance1 technology1 and training under sections #ajh7;a77#a77;,b7 and #aji1 respectively1 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjg7;a77#a77;,b71 #dgjh71 with a preference for minority lending institutions4 7#c7 ,up to #hjj1jjj1jjj1 to remain available until expended1 shall be for providing financial assistance1 technical assistance1 awards1 training1 and outreach programs described under subsection 7a7 to recipients that are minority lending institutions4 7c7 ,administrative expenses ,funds appropriated pursuant to the authorization under subsection 7a7 may be used for administrative expenses1 including administration of ,fund programs and the ,new ,markets ,tax ,credit ,program under section #de;,d of the ,internal ,revenue ,code of #aihf4 7d7 ,definitions ,in this section3 7#a7 ,,cdfi ,the term ,,cdfi means a community development financial institution1 as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7#b7 ,fund ,the term ,fund means the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a774 7#c7 ,minority2 minority lending institution ,the terms minority and minority lending institution have the meanings given those terms1 respectively1 under subparagraphs 7,a7 and 7,b7 of paragraph 7#bb7 of section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb71 as added by section #deji4 #dejg4 ,ensuring diversity in community banking 7a7 ,sense of ,congress on funding the loan-loss reserve fund for small dollar loans ,the sense of ,congress is the following3 7#a7 ,the ,community ,development ,financial ,institutions ,fund 7referred to in this subsection as the ,,cdfi ,fund7 is an agency of the ,department of the ,treasury1 and was established under section #ajd7;a7 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a774 ,the mission of the ,,cdfi ,fund is to expand economic opportunity for underserved people and communities by supporting the growth and capacity of a national network of community development lenders1 investors1 and financial service providers4 ,a community development financial institution is a specialized financial institution serving low-income communities and a ,community ,development ,entity 7referred to in this subsection as a ,,cde7 is a domestic corporation or partnership that is an intermediary vehicle for the provision of loans1 investments1 or financial counseling in low-income communities4 ,the ,,cdfi ,fund certifies community development financial institutions and ,c,d,es4 ,becoming a certified community development financial institution or ,,cde allows organizations to participate in various ,,cdfi ,fund programs as follows3 7,a7 ,the ,bank ,enterprise ,award ,program1 which provides ,,fdic-insured depository institutions awards for a demonstrated increase in lending and investments in distressed communities and community development financial institutions4 7,b7 ,the ,,cdfi ,program1 which provides financial and technical assistance awards to community development financial institutions to reinvest in the ,,cdfi ,fund1 and to build the capacity of the ,,cdfi ,fund1 including financing product development and loan loss reserves4 7,c7 ,the ,native ,american ,,cdfi ,assistance ,program1 which provides ,c,d,f,is and sponsoring entities ,financial and ,technical ,assistance awards to increase lending and grow the number of ,c,d,f,is owned by ,native ,americans to help build capacity of such ,c,d,f,is4 7,d7 ,the ,new ,market ,tax ,credit ,program1 which provides tax credits for making equity investments in ,c,d,es that stimulate capital investments in low-income communities4 7,e7 ,the ,capital ,magnet ,fund1 which provides awards to ,c,d,f,is and nonprofit affordable housing organizations to finance affordable housing solutions and related economic development activities4 7,f7 ,the ,bond ,guarantee ,program1 a source of long-term1 patient capital for ,c,d,f,is to expand lending and investment capacity for community and economic development purposes4 7#b7 ,the ,department of the ,treasury is authorized to create multi-year grant programs designed to encourage low-to-moderate income individuals to establish accounts at federally insured banks1 and to improve low-to-moderate income individuals' access to such accounts on reasonable terms4 7#c7 ,under this authority1 grants to participants in ,,cdfi ,fund programs may be used for loan-loss reserves and to establish small-dollar loan programs by subsidizing related losses4 ,these grants also allow for the providing recipients with the financial counseling and education necessary to conduct transactions and manage their accounts4 ,these loans provide low-cost alternatives to payday loans and other nontraditional forms of financing that often impose excessive interest rates and fees on borrowers1 and lead millions of people in the ,united ,states to fall into debt traps4 ,small-dollar loans can only be made pursuant to terms1 conditions1 and practices that are reasonable for the individual consumer obtaining the loan4 7#d7 ,program participation is restricted to eligible institutions1 which are limited to organizations listed in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under #eja7;a7 of such ,code1 federally insured depository institutions1 community development financial institutions and ,state1 local1 or ,tribal governmental entities4 7#e7 ,since its founding1 the ,,cdfi ,fund has awarded over #c1cjj1jjj1jjj to ,c,d,f,is and ,c,d,es and has allocated #ed1jjj1jjj1jjj in tax credits and #a1eaj1jjj1jjj in bond guarantees4 ,according to the ,,cdfi ,fund1 some programs attract as much as #aj in private capital for every #a invested by the ,,cdfi ,fund4 ,the ,administration and ,congress should prioritize appropriation of funds for the loan loss reserve fund and technical assistance programs administered by the ,,cdfi ,fund4 7b7 ,definitions ,in this section3 7#a7 ,community development financial institution ,the term community development financial institution has the meaning given the term in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7#b7 ,minority depository institution ,the term minority depository institution has the meaning given the term in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note74 7c7 ,establishment of impact bank designation 7#a7 ,in general ,each ,federal banking agency shall establish a program under which a depository institution with total consolidated assets of less than #aj1jjj1jjj1jjj may elect to be designated as an impact bank if the total dollar value of the loans extended by such depository institution to low-income borrowers is greater than or equal to #ej percent of the assets of such bank4 7#b7 ,notification of eligibility ,based on data obtained through examinations of depository institutions1 the appropriate ,federal banking agency shall notify a depository institution if the institution is eligible to be designated as an impact bank4 7#c7 ,application ,regardless of whether a depository institution has received a notice of eligibility under paragraph 7#b71 a depository institution may submit an application to the appropriate ,federal banking agency-- 7,a7 requesting to be designated as an impact bank2 and 7,b7 demonstrating that the depository institution meets the applicable qualifications4 7#d7 ,limitation on additional data requirements ,the ,federal banking agencies may only impose additional data collection requirements on a depository institution under this subsection if such data is-- 7,a7 necessary to process an application submitted by the depository institution to be designated an impact bank2 or 7,b7 with respect to a depository institution that is designated as an impact bank1 necessary to ensure the depository institution's ongoing qualifications to maintain such designation4 7#e7 ,removal of designation ,if the appropriate ,federal banking agency determines that a depository institution designated as an impact bank no longer meets the criteria for such designation1 the appropriate ,federal banking agency shall rescind the designation and notify the depository institution of such rescission4 7#f7 ,reconsideration of designation2 appeals ,under such procedures as the ,federal banking agencies may establish1 a depository institution may-- 7,a7 submit to the appropriate ,federal banking agency a request to reconsider a determination that such depository institution no longer meets the criteria for the designation2 or 7,b7 file an appeal of such determination4 7#g7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,federal banking agencies shall jointly issue rules to carry out the requirements of this subsection1 including by providing a definition of a low-income borrower4 7#h7 ,reports ,each ,federal banking agency shall submit an annual report to ,congress containing a description of actions taken to carry out this subsection4 7#i7 ,federal ,deposit ,insurance ,act definitions ,in this subsection1 the terms depository institution1 appropriate ,federal banking agency1 and ,federal banking agency have the meanings given such terms1 respectively1 in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7d7 ,minority ,depositories ,advisory ,committees 7#a7 ,establishment ,each covered regulator shall establish an advisory committee to be called the ,minority ,depositories ,advisory ,committee4 7#b7 ,duties ,each ,minority ,depositories ,advisory ,committee shall provide advice to the respective covered regulator on meeting the goals established by section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note7 to preserve the present number of covered minority institutions1 preserve the minority character of covered minority-owned institutions in cases involving mergers or acquisitions1 provide technical assistance1 and encourage the creation of new covered minority institutions4 ,the scope of the work of each such ,minority ,depositories ,advisory ,committee shall include an assessment of the current condition of covered minority institutions1 what regulatory changes or other steps the respective agencies may be able to take to fulfill the requirements of such section #cjh1 and other issues of concern to covered minority institutions4 7#c7 ,membership 7,a7 ,in general ,each ,minority ,depositories ,advisory ,committee shall consist of no more than #aj members1 who-- 7i7 shall serve for one #b-year term2 7ii7 shall serve as a representative of a depository institution or an insured credit union with respect to which the respective covered regulator is the covered regulator of such depository institution or insured credit union2 and 7iii7 shall not receive pay by reason of their service on the advisory committee1 but may receive travel or transportation expenses in accordance with section #egjc of title #e1 ,united ,states ,code4 7,b7 ,diversity ,to the extent practicable1 each covered regulator shall ensure that the members of the ,minority ,depositories ,advisory ,committee of such agency reflect the diversity of covered minority institutions4 7#d7 ,meetings 7,a7 ,in general ,each ,minority ,depositories ,advisory ,committee shall meet not less frequently than twice each year4 7,b7 ,notice and invitations ,each ,minority ,depositories ,advisory ,committee shall-- 7i7 notify the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate in advance of each meeting of the ,minority ,depositories ,advisory ,committee2 and 7ii7 invite the attendance at each meeting of the ,minority ,depositories ,advisory ,committee of-- 7,i7 one member of the majority party and one member of the minority party of the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,,ii7 one member of the majority party and one member of the minority party of any relevant subcommittees of such committees4 7#e7 ,no termination of advisory committees ,the termination requirements under section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to a ,minority ,depositories ,advisory ,committee established pursuant to this subsection4 7#f7 ,definitions ,in this subsection3 7,a7 ,covered regulator ,the term covered regulator means the ,comptroller of the ,currency1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,federal ,deposit ,insurance ,corporation1 and the ,national ,credit ,union ,administration4 7,b7 ,covered minority institution ,the term covered minority institution means a minority depository institution 7as defined in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note774 7,c7 ,depository institution ,the term depository institution has the meaning given the term in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7,d7 ,insured credit union ,the term insured credit union has the meaning given the term in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb74 7#g7 ,technical amendment ,section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note7 is amended by adding at the end the following3 7#c7 ,depository institution ,the term depository institution means an insured depository institution 7as defined in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac77 and an insured credit union 7as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb774 4 7e7 ,federal deposits in minority depository institutions 7#a7 ,in general ,section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note7 is amended-- 7,a7 in subsection 7b71 as amended by subsection 7d77#g7 of this section1 by adding at the end the following new paragraph3 7#d7 ,impact bank ,the term impact bank means a depository institution designated by the appropriate ,federal banking agency pursuant to section #dejg7;c7 of the ,economic ,justice ,act4 2 and 7,b7 by adding at the end the following3 7d7 ,federal deposits ,the ,secretary of the ,treasury shall ensure that deposits made by ,federal agencies in minority depository institutions and impact banks are collateralized or insured1 as determined by the ,secretary4 ,such deposits shall include reciprocal deposits as defined in section #ccg4f7;e77#b77v7 of title #ab1 ,code of ,federal ,regulations 7as in effect on ,march #f1 #bjai74 4 7#b7 ,technical amendments ,section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking section-- and inserting section32 and 7,b7 in the paragraph heading for paragraph 7#a71 by striking financial and inserting depository4 7f7 ,minority ,bank ,deposit ,program 7#a7 ,in general ,section #abjd of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note7 is amended to read as follows3 #abjd4 ,expansion of use of minority depository institutions 7a7 ,minority ,bank ,deposit ,program 7#a7 ,establishment ,there is established a program to be known as the ,minority ,bank ,deposit ,program to expand the use of minority depository institutions4 7#b7 ,administration ,the ,secretary of the ,treasury1 acting through the ,bureau of the ,fiscal ,service1 shall-- 7,a7 on application by a depository institution or credit union1 certify whether such depository institution or credit union is a minority depository institution2 7,b7 maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph 7,a72 and 7,c7 periodically distribute the list described in subparagraph 7,b7 to-- 7i7 all ,federal departments and agencies2 7ii7 interested ,state and local governments2 and 7iii7 interested private sector companies4 7#c7 ,inclusion of certain entities on list ,a depository institution or credit union that1 on the date of enactment of the ,economic ,justice ,act1 has a current certification from the ,secretary of the ,treasury stating that such depository institution or credit union is a minority depository institution shall be included on the list described under paragraph 7#b77;,b74 7b7 ,expanded use among ,federal departments and agencies 7#a7 ,in general ,not later than #a year after the establishment of the program described in subsection 7a71 the head of each ,federal department or agency shall develop and implement standards and procedures to prioritize1 to the maximum extent possible as permitted by law and consistent with principles of sound financial management1 the use of minority depository institutions to hold the deposits of each such department or agency4 7#b7 ,report to ,congress ,not later than #b years after the establishment of the program described in subsection 7a71 and annually thereafter1 the head of each ,federal department or agency shall submit to ,congress a report on the actions taken to increase the use of minority depository institutions to hold the deposits of each such department or agency4 7c7 ,definitions ,for purposes of this section3 7#a7 ,credit union ,the term credit union has the meaning given the term insured credit union in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb74 7#b7 ,depository institution ,the term depository institution has the meaning given the term in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7#c7 ,minority ,the term minority means any ,black ,american1 ,native ,american1 ,hispanic ,american1 or ,asian ,american4 7#d7 ,minority depository institution ,the term minority depository institution has the meaning given the term in section #cjh7;b74 4 7#b7 ,conforming ,amendments ,the following provisions are amended by striking #abjd7;c77#c7 and inserting #abjd7;c73 7,a7 ,section #hjh7;b77#c7 of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bijg7;b77#c774 7,b7 ,section #dj7;g77#a77;,b7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahcaq7g77#a77;,b774 7,c7 ,section #gjd;,b7h77#d7 of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia;c-#b7;h77#d774 7g7 ,diversity report and best practices 7#a7 ,annual report ,each covered regulator shall submit to ,congress an annual report on diversity that includes the following3 7,a7 ,data1 based on voluntary self-identification1 on the racial1 ethnic1 and gender composition of the examiners of each covered regulator1 disaggregated by length of time served as an examiner4 7,b7 ,the status of any examiners of covered regulators1 based on voluntary self-identification1 as a veteran1 as defined in section #aja of title #ch1 ,united ,states ,code4 7,c7 ,whether any covered regulator1 as of the date on which the report required under this subsection is submitted1 has adopted a policy1 plan1 or strategy to promote racial1 ethnic1 and gender diversity among examiners of the covered regulator4 7,d7 ,whether any special training is developed and provided for examiners related specifically to working with depository institutions and credit unions1 as those terms are defined in section #abjd7;c7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note71 as amended by subsection 7f77#a7 of this section1 that serve communities that are predominantly minorities1 low income1 or rural1 and the key focus of such training4 7#b7 ,best practices ,each ,office of ,minority and ,women ,inclusion of a covered regulator shall develop1 provide to the head of the covered regulator1 and make publicly available best practices-- 7,a7 for increasing the diversity of candidates applying for examiner positions1 including through outreach efforts to recruit diverse candidates to apply for entry-level examiner positions2 and 7,b7 for retaining and providing fair consideration for promotions within the examiner staff for purposes of achieving diversity among examiners4 7#c7 ,covered regulator defined ,in this subsection1 the term covered regulator means the ,comptroller of the ,currency1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,federal ,deposit ,insurance ,corporation1 and the ,national ,credit ,union ,administration4 7h7 ,investments in minority depository institutions and impact banks 7#a7 ,control for certain institutions ,section #g7;j77#h77;,b7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahag7;j77#h77;,b77 is amended to read as follows3 7,b7 control means the power1 directly or indirectly-- 7i7 to direct the management or policies of an insured depository institution2 or 7ii7 7,i7 to vote #be per centum or more of any class of voting securities of an insured depository institution2 or 7,,ii7 with respect to an insured depository institution that is an impact bank 7as designated pursuant to section #dejg7;c7 of the ,economic ,justice ,act7 or a minority depository institution 7as defined in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note771 of an individual to vote #cj percent or more of any class of voting securities of such an impact bank or a minority depository institution4 4 7#b7 ,rulemaking ,the ,federal banking agencies shall jointly issue rules for de novo minority depository institutions to allow #c years to meet the capital requirements otherwise applicable to minority depository institutions4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,federal banking agencies shall jointly submit to ,congress a report on-- 7,a7 the principal causes for the low number of de novo minority depository institutions during the #aj-year period preceding the date of the report2 7,b7 the main challenges to the creation of de novo minority depository institutions2 and 7,c7 regulatory and legislative considerations to promote the establishment of de novo minority depository institutions4 7#d7 ,definitions ,in this subsection3 7,a7 ,federal banking agency ,the term ,federal banking agency has the meaning given the term in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7,b7 ,minority depository institution ,the term minority depository institution has the meaning given the term in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note74 7i7 ,custodial deposit program for covered minority depository institutions and impact banks 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,treasury shall issue rules establishing a custodial deposit program under which a covered bank may receive deposits from a qualifying account4 7#b7 ,requirements ,in issuing rules under paragraph 7#a71 the ,secretary of the ,treasury shall-- 7,a7 consult with the ,federal banking agencies2 7,b7 ensure each covered bank participating in the program established under this subsection-- 7i7 has appropriate policies relating to management of assets1 including measures to ensure the safety and soundness of each such covered bank2 and 7ii7 is compliant with applicable law2 and 7,c7 ensure1 to the extent practicable1 that the rules do not conflict with goals described in section #cjh7;a7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note74 7#c7 ,limitations 7,a7 ,deposits ,with respect to the funds of an individual qualifying account1 an entity may not deposit an amount greater than the insured amount in a single covered bank4 7,b7 ,total deposits ,the total amount of funds deposited in a covered bank under the program described in this subsection may not exceed the lesser of-- 7i7 #aj percent of the average amount of deposits held by the covered bank in the previous quarter2 or 7ii7 #ajj1jjj1jjj 7as adjusted for inflation74 7#d7 ,report ,each quarter1 the ,secretary of the ,treasury shall submit to ,congress a report on the implementation of the program established under this subsection1 including information identifying participating covered banks and the total amount of deposits received by covered banks under the program4 7#e7 ,definitions ,in this subsection3 7,a7 ,appropriate ,federal banking agency2 ,federal banking agency ,the terms appropriate ,federal banking agency and ,federal banking agencies have the meaning given those terms1 respectively1 in section #c of the ,federal ,deposit ,insurance ,act4 7#ab ,u4,s4,c4 #ahac74 7,b7 ,covered bank ,the term covered bank means-- 7i7 a minority depository institution that is well capitalized1 as defined by the appropriate ,federal banking agency2 or 7ii7 a depository institution designated as an impact bank pursuant to subsection 7c7 that is well capitalized1 as defined by the appropriate ,federal banking agency4 7,c7 ,insured amount ,the term insured amount means the amount that is the greater of-- 7i7 the standard maximum deposit insurance amount 7as defined in section #aa7;a77#a77;,e7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahba7;a77#a77;,e7772 or 7ii7 such higher amount negotiated between the ,secretary of the ,treasury and the ,federal ,deposit ,insurance ,corporation under which the ,corporation will insure all deposits of such higher amount4 7,d7 ,minority depository institution ,the term minority depository institution has the meaning given the term in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note74 7,e7 ,qualifying account ,the term qualifying account means any account established in the ,department of the ,treasury that-- 7i7 is controlled by the ,secretary2 and 7ii7 is expected to maintain a balance greater than #bjj1jjj1jjj for the following #bd-month period4 7j7 ,streamlined community development financial institution applications and reporting 7#a7 ,application processes ,not later than #a year after the date of enactment of this ,act and with respect to any person having assets under #c1jjj1jjj1jjj that submits an application for deposit insurance with the ,federal ,deposit ,insurance ,corporation that could also become a community development financial institution1 the ,federal ,deposit ,insurance ,corporation1 in consultation with the ,administrator of the ,community ,development ,financial ,institutions ,fund1 shall-- 7,a7 develop systems and procedures to record necessary information to allow the ,administrator to conduct preliminary analysis for such person to also become a community development financial institution2 and 7,b7 develop procedures to streamline the application and annual certification processes and to reduce costs for such person to become1 and maintain certification as1 a community development financial institution4 7#b7 ,implementation report ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,deposit ,insurance ,corporation shall submit to ,congress a report describing the systems and procedures required under paragraph 7#a74 7#c7 ,annual report 7,a7 ,in general ,section #ag7;a77#a7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbg7;a77#a77 is amended-- 7i7 in subparagraph 7,e71 by striking and at the end2 7ii7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 7iii7 by inserting after subparagraph 7,e7 the following3 7,f7 applicants for deposit insurance that could also become community development financial institutions 7as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb771 minority depository institutions 7as defined in section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note771 or impact banks 7as designated pursuant to section #dejg7;c7 of the ,economic ,justice ,act72 and 4 7,b7 ,application ,the amendment made by this paragraph shall apply with respect to the first report to be submitted after the date that is #b years after the date of enactment of this ,act4 7#d7 ,definition ,in this subsection1 the term community development financial institution has the meaning given the term in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7k7 ,task force on lending to small business concerns 7#a7 ,definitions ,in this subsection3 7,a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7,b7 ,community development financial institution ,the term community development financial institution has the meaning given the term in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7,c7 ,impact bank ,the term impact bank means a depository institution designated by the appropriate ,federal banking agency pursuant to section #dejg7;c74 7,d7 ,minority depository institution ,the term minority depository institution has the meaning given the term in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note74 7,e7 ,small business concern ,the term small business concern has the meaning given the term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#b7 ,task force ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a task force to examine methods for improving relationships between the ,small ,business ,administration and community development financial institutions1 minority depository institutions1 and impact banks to increase the volume of loans provided by those institutions to small business concerns4 7#c7 ,report to ,congress ,not later than #ah months after the establishment of the task force described in paragraph 7#b71 the ,administrator shall submit to ,congress a report on the findings of the task force4 #dejh4 ,establishment of ,financial ,agent ,partnership ,program 7a7 ,in general ,section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note71 as amended by section #dejg7;e71 is amended by adding at the end the following3 7e7 ,financial ,agent ,partnership ,program 7#a7 ,in general ,the ,secretary of the ,treasury shall establish a program to be known as the ,financial ,agent ,partnership ,program 7in this subsection referred to as the ,program7 under which a financial agent designated by the ,secretary or a large financial institution may serve as a mentor1 under guidance or regulations prescribed by the ,secretary1 to a small financial institution to allow the small financial institution-- 7,a7 to be prepared to perform as a financial agent2 or 7,b7 to improve capacity to provide services to the customers of the small financial institution4 7#b7 ,outreach ,the ,secretary shall hold outreach events to promote the participation of financial agents1 large financial institutions1 and small financial institutions in the ,program at least once a year4 7#c7 ,financial partnerships 7,a7 ,in general ,any large financial institution participating in the ,program with the ,department of the ,treasury1 if not already required to include a small financial institution1 shall offer not more than #e percent of every contract under that program to a small financial institution4 7,b7 ,acceptance of risk ,as a requirement of participation in a contract described in subparagraph 7,a71 a small financial institution shall accept the risk of the transaction equivalent to the percentage of any fee the institution receives under the contract4 7,c7 ,partner ,a large financial institution partner may work with small financial institutions1 if necessary1 to train professionals to understand any risks involved in a contract under the ,program4 7,d7 ,increased limit for certain institutions ,with respect to a program described in subparagraph 7,a71 if the ,secretary of the ,treasury determines that it would be appropriate and would encourage capacity building1 the ,secretary may alter the requirements under subparagraph 7,a7 to require both-- 7i7 a higher percentage of the contract be offered to a small financial institution2 and 7ii7 require the small financial institution to be a community development financial institution or a minority depository institution4 7#d7 ,exclusion ,the ,secretary shall issue guidance or regulations to establish a process under which a financial agent1 large financial institution1 or small financial institution may be excluded from participation in the ,program4 7#e7 ,report ,the ,office of ,minority and ,women ,inclusion of the ,department of the ,treasury shall include in the report submitted to ,congress under section #cdb7;e7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edeb7;e77 information pertaining to the ,program1 including-- 7,a7 the number of financial agents1 large financial institutions1 and small financial institutions participating in the ,program2 and 7,b7 the number of outreach events described in paragraph 7#b7 held during the year covered by the report4 7#f7 ,definitions ,in this subsection3 7,a7 ,community development financial institution ,the term community development financial institution has the meaning given the term in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7,b7 ,financial agent ,the term financial agent means any national banking association designated by the ,secretary of the ,treasury to be employed as a financial agent of the ,federal ,government4 7,c7 ,large financial institution ,the term large financial institution means any entity regulated by the ,comptroller of the ,currency1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,federal ,deposit ,insurance ,corporation1 or the ,national ,credit ,union ,administration that has total consolidated assets of not less than #ej1jjj1jjj1jjj4 7,d7 ,small financial institution ,the term small financial institution means-- 7i7 any entity regulated by the ,comptroller of the ,currency1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,federal ,deposit ,insurance ,corporation1 or the ,national ,credit ,union ,administration that has total consolidated assets of not more than #b1jjj1jjj1jjj2 or 7ii7 a minority depository institution4 4 7b7 ,effective date ,this section and the amendments made by this section shall take effect on the date that is #ij days after the date of enactment of this ,act4 #deji4 ,strengthening minority lending institutions 7a7 ,minority lending institution set-,aside in providing assistance 7#a7 ,in general ,section #ajh of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjg7 is amended by adding at the end the following3 7i7 ,minority lending institution set-,aside in providing assistance ,notwithstanding any other provision of law1 in providing any assistance1 the ,fund shall reserve #dj percent of such assistance for minority lending institutions4 4 7#b7 ,definitions 7,a7 ,in general ,section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7 is amended by adding at the end the following3 7#bb7 ,minority lending institution definitions 7,a7 ,minority ,the term minority means any ,black ,american1 ,hispanic ,american1 ,asian ,american1 ,native ,american1 ,native ,alaskan1 ,native ,hawaiian1 or ,pacific ,islander4 7,b7 ,minority lending institution ,the term minority lending institution means a community development financial institution-- 7i7 with respect to which a majority of the total number of loans and a majority of the value of investments of the community development financial institution are directed at minorities and other targeted populations2 7ii7 that is a minority depository institution1 as defined in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note71 or otherwise considered to be a minority depository institution by the appropriate ,federal banking agency2 or 7iii7 that is #ea percent owned by one or more socially and economically disadvantaged individuals4 7,c7 ,additional definitions ,in this paragraph1 the terms other targeted populations and socially and economically disadvantaged individual shall have the meaning given those terms by the ,administrator4 4 7,b7 ,temporary safe harbor for certain institutions ,a community development financial institution that is a minority depository institution listed in the ,federal ,deposit ,insurance ,corporation's ,minority ,depository ,institutions ,list published for the ,second ,quarter #bjbj shall be deemed a minority lending institution under paragraph 7#bb7 of section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb71 as added by subparagraph 7,a71 for purposes of-- 7i7 any program carried out using appropriations authorized for the ,community ,development ,financial ,institutions ,fund under section #dejf2 and 7ii7 the ,neighborhood ,capital ,investment ,program established under section #djjc7;i7 of the ,,cares ,act1 as added by section #deje7b7 of this ,act4 7b7 ,office of ,minority ,lending ,institutions ,section #ajd of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7 is amended by adding at the end the following3 7l7 ,office of ,minority ,lending ,institutions 7#a7 ,establishment ,there is established within the ,fund an ,office of ,minority ,lending ,institutions1 which shall oversee assistance provided by the ,fund to minority lending institutions4 7#b7 ,deputy ,director ,the head of the ,office shall be the ,deputy ,director of ,minority ,lending ,institutions1 who shall report directly to the ,administrator4 4 7c7 ,reporting on minority lending institutions ,section #aag of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgaf7 is amended by adding at the end the following3 7g7 ,reporting on minority lending institutions ,each report required under subsection 7a7 shall include a description of the extent to which assistance from the ,fund is provided to minority lending institutions4 4 7d7 ,submission of data relating to diversity by community development financial institutions ,section #ajd of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7 is amended by adding at the end the following3 7l7 ,submission of data relating to diversity 7#a7 ,definitions ,in this subsection-- 7,a7 the term executive officer has the meaning given the term in section #bcj4eja7;f7 of title #ag1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this subsection2 and 7,b7 the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7#b7 ,submission of disclosure ,each ,fund applicant and recipient shall provide the following3 7,a7 ,data1 based on voluntary self-identification1 on the racial1 ethnic1 and gender composition of-- 7i7 the board of directors of the institution2 7ii7 nominees for the board of directors of the institution2 and 7iii7 the executive officers of the institution4 7,b7 ,the status of any member of the board of directors of the institution1 any nominee for the board of directors of the institution1 or any executive officer of the institution1 based on voluntary self-identification1 as a veteran4 7,c7 ,whether the board of directors of the institution1 or any committee of that board of directors1 has1 as of the date on which the institution makes a disclosure under this paragraph1 adopted any policy1 plan1 or strategy to promote racial1 ethnic1 and gender diversity among-- 7i7 the board of directors of the institution2 7ii7 nominees for the board of directors of the institution2 or 7iii7 the executive officers of the institution4 7#c7 ,annual report ,not later than #ah months after the date of enactment of this subsection1 and annually thereafter1 the ,fund shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives1 and make publicly available on the website of the ,fund1 a report-- 7,a7 on the data and trends of the diversity information made available pursuant to paragraph 7#b72 and 7,b7 containing all administrative or legislative recommendations of the ,fund to enhance the implementation of this title or to promote diversity and inclusion within community development financial institutions4 4 #deaj4 ,,cdfi ,bond ,guarantee ,reform ,effective ,january #a1 #bjba1 section #aad;,a7e77#b77;,b7 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgac;a7e77#b77;,b77 is amended by striking #ajj1jjj1jjj and inserting #ej1jjj1jjj4 #deaa4 ,reports 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,community development financial institution ,the term community development financial institution has the meaning given the term in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7#c7 ,credit union ,the term credit union means a ,state credit union or a ,federal credit union1 as those terms are defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb74 7#d7 ,depository institution ,the term depository institution has the meaning given the term in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7#e7 ,minority depository institution ,the term minority depository institution has the meaning given the term in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note74 7#f7 ,minority lending institution ,the term minority lending institution has the meaning given the term in paragraph 7#bb7 of section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb71 as added by section #dejf7;d7 of this ,act4 7b7 ,reports ,the ,secretary of the ,treasury shall provide to the appropriate committees of ,congress-- 7#a7 within #cj days of the end of each month commencing with the first month in which transactions are made under a program established under this subtitle or the amendments made by this subtitle1 a written report describing all of the transactions made during the reporting period pursuant to the authorities granted under this subtitle or the amendments made by this subtitle2 and 7#b7 after the end of ,march and the end of ,september1 commencing ,march #ca1 #bjba1 a written report on all projected costs and liabilities1 all operating expenses1 including compensation for financial agents1 and all transactions made by the ,community ,development ,financial ,institutions ,fund1 including participating institutions and amounts each institution has received under each program described in paragraph 7#a74 7c7 ,breakdown of funds ,each report required under subsection 7b7 shall specify the amount of funds under each program described in subsection 7b77#a7 that went to-- 7#a7 minority depository institutions that are depository institutions2 7#b7 minority depository institutions that are credit unions2 7#c7 minority lending institutions2 7#d7 community development financial institution loan funds2 7#e7 community development financial institutions that are depository institutions2 and 7#f7 community development financial institutions that are credit unions4 #deab4 ,inspector ,general oversight 7a7 ,in general ,the ,inspector ,general of the ,department of the ,treasury shall conduct1 supervise1 and coordinate audits and investigations of any program established under this subtitle or the amendments made by this subtitle4 7b7 ,reporting ,the ,inspector ,general of the ,department of the ,treasury shall issue a report not less frequently than #b times per year to ,congress and the ,secretary of the ,treasury relating to the oversight provided by the ,office of the ,inspector ,general1 including any recommendations for improvements to the programs described in subsection 7a74 #deac4 ,study and report with respect to impact of programs on low- and moderate-income and minority communities 7a7 ,study ,the ,secretary of the ,treasury shall conduct a study of the impact of the programs established under this title or any amendment made by this subtitle on low- and moderate-income and minority communities4 7b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the study conducted pursuant to subsection 7a71 which shall include1 to the extent possible1 the results of the study disaggregated by ethnic group4 7c7 ,information provided to the ,secretary ,eligible institutions that participate in any of the programs described in subsection 7a7 shall provide the ,secretary of the ,treasury with such information as the ,secretary may require to carry out the study required by this section4 ,v ,downpayment on building #bast century infrastructure #ejja4 ,findings ,congress finds the following3 7#a7 ,this ,act is a major proposal to re-program billions of unspent ,,cares ,act 7,public ,law #aaf-acf7 funding in immediate and long-term investments in ,black communities and other communities of color4 7#b7 ,the current ,,covid-#ai pandemic has disproportionally impacted communities of color and exacerbated the conditions that1 combined with persistently underfunded critical priorities like public health1 child care1 infrastructure1 and job creation1 have led to record levels of poverty and sickness4 7#c7 ,the historical record of ,federal underinvestment in communities of color has created systematic disparities that cross nearly every economic sector and require ,congressional and ,executive action to undo4 7#d7 ,this ,act makes critical short-term investments to respond to these disparities exacerbated by the pandemic1 in areas like in child care1 mental health and primary care1 and job creation4 7#e7 ,this ,act has a secondary objective of helping to build long lasting wealth1 health1 and economic stability in these communities with an initial commitment to be made over the next #e years through investments in infrastructure1 a homeowner down payment tax credit1 ,medicaid expansion1 and more4 7#f7 ,this ,act is not the conclusion of efforts in this space1 but an initial down payment to communities of color and the first in many focused investments and policy initiatives to begin dismantling systematic racism4 ,a ,high-,speed internet #eaja4 ,definitions ,in this subtitle3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,broadband2 broadband service ,the term broadband or broadband service has the meaning given the term broadband internet access service in section #h4a of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,digital equity ,the term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the ,united ,states4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 as amended by section #eabf of this ,act4 7#f7 ,native ,hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 as amended by section #eabf of this ,act4 7#g7 ,tribal land ,the term ,tribal land has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 as amended by section #eabf of this ,act4 #a ,broadband ,connectivity ,fund #eaaa4 ,definitions ,in this chapter3 7#a7 ,lifeline program ,the term ,lifeline program means the program set forth under subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#b7 ,national ,lifeline ,eligibility ,verifier ,the term ,national ,lifeline ,eligibility ,verifier has the meaning given the term in section #ed4djj of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#c7 ,state ,the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 #eaab4 ,additional broadband benefit 7a7 ,definitions ,in this section3 7#a7 ,broadband benefit ,the term broadband benefit means a monthly discount for an eligible household applied to the normal rate for an internet service offering1 in an amount equal to the lesser of-- 7,a7 the normal rate2 or 7,b7 7i7 #ej2 or 7ii7 if an internet service offering is provided to an eligible household on ,tribal land1 #ge4 7#b7 ,connected device ,the term connected device means a laptop or desktop computer or a tablet4 7#c7 ,eligible household ,the term eligible household means1 regardless of whether the household or any member of the household receives support under the ,lifeline program1 and regardless of whether any member of the household has any past or present arrearages with a provider1 a household in which not less than #a member of the household-- 7,a7 meets the qualifications in paragraph 7a7 or 7b7 of section #ed4dji of title #dg1 ,code of ,federal ,regulations 7or any successor regulation72 7,b7 receives free or reduced price meals under-- 7i7 the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 or 7ii7 the school breakfast program established under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7,c7 experienced a substantial loss of income for not less than #b consecutive months immediately preceding the month for which eligibility for the broadband benefit is being determined1 documented by layoff or furlough notice1 application for unemployment insurance benefits1 or similar documentation2 or 7,d7 received a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 in the most recent academic year4 7#d7 ,internet service offering ,the term internet service offering-- 7,a7 with respect to a provider that is providing broadband service before the date of enactment of this ,act1 means broadband service provided by the provider to a household1 offered in the same manner1 and on the same or better terms1 as described in any of the provider's advertisements for broadband service to the household1 as of ,may #a1 #bjbj 7or such later date as the ,commission may by rule determine1 if the ,commission considers it necessary72 and 7,b7 with respect to a provider that begins providing broadband service after the date of enactment of this ,act1 means broadband service provided by the provider to a household1 offered in the same manner1 and on the same or better terms1 as the manner and terms described in advertisements to the household from another provider for similar service as of ,may #a1 #bjbj 7or such later date as the ,commission may by rule determine1 if the ,commission considers it necessary74 7#e7 ,normal rate ,the term normal rate1 with respect to an internet service offering by a provider1 means the monthly retail rate1 including any applicable promotions and excluding any taxes or other governmental fees1 that was advertised on ,may #a1 #bjbj 7or such later date as the ,commission may by rule determine1 if the ,commission considers it necessary7-- 7,a7 by the provider for that level of service1 in the case of an internet service offering described in paragraph 7#d77;,a72 or 7,b7 by another provider for similar service1 in the case of an internet service offering described in paragraph 7#d77;,b74 7#f7 ,provider ,the term provider means a provider of broadband service4 7b7 ,promulgation of regulations required ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall promulgate regulations implementing this section4 7c7 ,requirements ,the regulations promulgated under subsection 7b7 shall establish the following3 7#a7 ,broadband benefit ,a provider shall-- 7,a7 provide an eligible household with an internet service offering1 upon request by a member of the household2 and 7,b7 discount the price charged to the household for the internet service offering in an amount equal to the broadband benefit for the household4 7#b7 ,verification of eligibility ,to verify whether a household is an eligible household1 a provider shall-- 7,a7 use the ,national ,lifeline ,eligibility ,verifier2 7,b7 rely upon an alternative verification process of the provider1 if the ,commission finds that process to be sufficient to avoid waste1 fraud1 and abuse while maintaining a goal of digital equity2 or 7,c7 rely upon a school to verify the eligibility of the household based on not less than #a member of the household receiving free or reduced price meals under the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7#c7 ,use of ,national ,lifeline ,eligibility ,verifier ,the ,commission shall-- 7,a7 expedite the ability of all providers to access the ,national ,lifeline ,eligibility ,verifier for purposes of determining whether a household is an eligible household2 and 7,b7 ensure that the ,national ,lifeline ,eligibility ,verifier approves an eligible household to receive the broadband benefit not later than #aj days after the date of the submission of information necessary to determine if the household is an eligible household4 7#d7 ,reimbursement ,using amounts from the ,broadband ,connectivity ,fund established under subsection 7h71 the ,commission shall reimburse a provider in an amount equal to the broadband benefit with respect to an eligible household that receives the broadband benefit from the provider4 7#e7 ,reimbursement for connected device ,a provider that1 in addition to providing the broadband benefit to an eligible household1 supplies the household with a connected device may be reimbursed not more than #ajj from the ,broadband ,connectivity ,fund established under subsection 7h7 for the connected device1 if the charge to the eligible household is more than #aj and less than #ej for the connected device1 except that a provider may receive reimbursement for not more than #a connected device per eligible household4 7#f7 ,certification required ,to receive a reimbursement under paragraph 7#d7 or 7#e71 a provider shall provide to the ,commission-- 7,a7 a certification that the amount for which the provider is seeking reimbursement from the ,broadband ,connectivity ,fund for an internet service offering to an eligible household is not more than the normal rate2 7,b7 a certification that each eligible household for which the provider is seeking reimbursement for providing an internet service offering discounted by the broadband benefit-- 7i7 has not been and will not be charged-- 7,i7 for the offering1 if the normal rate for the offering is not more than the amount of the broadband benefit for the household2 or 7,,ii7 more for the offering than the difference between-- 7aa7 the normal rate for the offering2 and 7bb7 the amount of the broadband benefit for the household2 7ii7 will not be required to pay an early termination fee if the eligible household-- 7,i7 elects to enter into a contract to receive the internet service offering2 and 7,,ii7 later terminates the contract2 7iii7 was not subject to a mandatory waiting period for the internet service offering based on having previously received broadband service from the provider2 and 7iv7 7,i7 will not be denied the internet service offering or connected device based on consideration of a credit report or credit score2 and 7,,ii7 in the case of an eligible household that would traditionally be determined ineligible based on consideration of a credit report or credit score1 is provided access to-- 7aa7 the best plan for internet service offered by the provider with speeds of not less than #be megabits per second downstream and #c megabits per second upstream1 if the rate for that offering is less than #ej2 or 7bb7 if a plan described in item 7aa7 is not available for less than #ej1 the lowest-priced internet service offering of the provider with speeds of not less than #be megabits per second downstream and #c megabits per second upstream2 7,c7 a certification that each eligible household for which the provider is seeking reimbursement for supplying the household with a connected device has not been and will not be charged #aj or less or #ej or more for the device2 and 7,d7 if the provider elects an alternative verification process under paragraph 7#b77;,b7-- 7i7 a description of the process used by the provider to verify that a household is an eligible household2 and 7ii7 a certification that the verification process was designed to avoid waste1 fraud1 and abuse while maintaining a goal of digital equity4 7#g7 ,audit requirements ,the ,commission shall adopt audit requirements to-- 7,a7 ensure that providers are in compliance with the requirements under this section2 7,b7 prevent waste1 fraud1 and abuse in the broadband benefit program established under this section2 and 7,c7 ensure that providers maintain a goal of digital equity in carrying out the broadband benefit program established under this section4 7d7 ,eligible providers ,notwithstanding subsection 7f71 the ,commission shall provide a reimbursement to a provider under this section without requiring the provider to be designated as an eligible telecommunications carrier under section #bad7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad7;e774 7e7 ,rule of construction ,nothing in this section shall affect the collection1 distribution1 or administration of the ,lifeline program4 7f7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 with respect to support provided under the regulations required under subsection 7b7-- 7#a7 shall apply in whole or in part to that support2 7#b7 shall not apply in whole or in part to that support2 or 7#c7 shall be modified in whole or in part for purposes of application to that support4 7g7 ,enforcement 7#a7 ,treatment as violation of ,communications ,act of #aicd ,a violation of this section or a regulation promulgated under this section1 including the knowing or reckless denial of an internet service offering discounted by the broadband benefit to an eligible household that requests such an offering1 shall be treated as a violation of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or a regulation promulgated under that ,act4 7#b7 ,incorporation of terms and provisions ,the ,commission shall enforce this section and the regulations promulgated under this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,communications ,act of #aicd were incorporated into and made a part of this section4 7h7 ,broadband ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,broadband ,connectivity ,fund4 7#b7 ,appropriation ,there is appropriated to the ,broadband ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #bj1ige1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#c7 ,use of funds ,amounts in the ,broadband ,connectivity ,fund shall be available to the ,commission for reimbursements to providers under the regulations required under subsection 7b74 7#d7 ,relationship to universal service contributions ,reimbursements provided under the regulations required under subsection 7b7 shall be provided from amounts made available under this subsection and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d771 except the ,commission may use those contributions if needed to offset expenses associated with the reliance on the ,national ,lifeline ,eligibility ,verifier to determine eligibility of households to receive the broadband benefit4 7#e7 ,lack of availability of funds ,the regulations required under subsection 7b7 shall provide that a provider is not required to provide an eligible household with an internet service offering under subsection 7c77#a7 for any month for which there are insufficient amounts in the ,broadband ,connectivity ,fund to reimburse the provider under subsection 7c77#d7 for providing the broadband benefit to the eligible household4 #eaac4 ,grants to ,states to strengthen ,national ,lifeline ,eligibility ,verifier 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 using amounts appropriated under subsection 7d71 the ,commission shall make a grant to each ,state1 in an amount in proportion to the population of the ,state1 for the purpose of connecting the database used by the ,state for purposes of the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 to the ,national ,lifeline ,eligibility ,verifier1 so that the receipt by a household of benefits under that program is reflected in the ,national ,lifeline ,eligibility ,verifier4 7b7 ,disbursement of grant funds ,not later than #fj days after the date of enactment of this ,act1 the ,commission shall disburse funds under a grant made under subsection 7a7 to the ,state receiving the grant4 7c7 ,certification to ,congress ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall certify to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives that the ,commission has-- 7#a7 made the grants required under subsection 7a72 and 7#b7 disbursed funds as required under subsection 7b74 7d7 ,appropriation ,there is appropriated to the ,commission1 out of any money in the ,treasury not otherwise appropriated1 #djj1jjj1jjj to carry out this section for fiscal year #bjba1 to remain available until expended4 #eaad4 ,federal coordination between ,lifeline and ,,snap verification 7a7 ,definition ,in this section1 the term automated connection means a connection1 to the maximum extent practicable1 between two or more information systems where the manual input of information in #a system leads to the automatic input of the same information any other connected system4 7b7 ,establishment of automated connection ,notwithstanding section #aa7x77#b77;c77i7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7x77#b77;,c77i771 not later than #ahj days after the date of enactment of this ,act1 the ,commission shall1 in coordination with the ,secretary of ,agriculture1 establish an automated connection1 to the maximum extent practicable1 between the ,national ,lifeline ,eligibility ,verifier and the ,national ,accuracy ,clearinghouse established under section #aa7x7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7x774 7c7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,secretary of ,agriculture1 in consultation with the ,commission1 shall produce a report on enrollment in the ,lifeline program by individuals participating in the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7d7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,commission shall conduct a study and submit a report to ,congress on-- 7#a7 the projected number of new broadband service consumers who adopted broadband service through a ,federal assistance program2 and 7#b7 data that illustrates the efficacy of various advertising efforts on eligibility for the ,lifeline program4 #b ,tribal broadband #eaba4 ,definitions ,in this chapter3 7#a7 ,tribal broadband benchmark ,the term ,tribal broadband benchmark means the minimum acceptable level of broadband service on ,tribal land1 which shall consist of-- 7,a7 speed that is not slower than the speed required for the service to qualify as an advanced telecommunications capability1 as that term is defined in section #gjf7;d7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;d771 as of the date on which that speed is measured2 and 7,b7 network round trip latency that is at or below #ajj milliseconds for not less than #ie percent of all peak period measurements of network round trip latency4 7#b7 ,tribal entity ,the term ,tribal entity has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 as amended by section #eabf of this ,act4 7#c7 ,tribal government ,the term ,tribal government means the governing body of a ,tribal entity4 7#d7 ,underserved ,tribal entity 7,a7 ,in general ,the term underserved ,tribal entity means a ,tribal entity1 the ,tribal land of which-- 7i7 lacks affordable broadband service2 or 7ii7 has subscription rates for broadband service that are below #hj percent1 as determined by the ,commission4 7,b7 ,associated definition ,in this paragraph1 the term affordable broadband service means broadband service on ,tribal land1 the rates for which are not more than the average rates charged for broadband service in the #e nearest municipalities to that ,tribal land that have a population of more than #aj1jjj individuals1 as determined by the ,commission4 #eabb4 ,tribal ,broadband ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,tribal ,broadband ,fund4 7b7 ,appropriation ,there is appropriated to the ,tribal ,broadband ,fund1 out of any money in the ,treasury not otherwise appropriated1 #ad1cjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7c7 ,use of funds ,amounts in the ,tribal ,broadband ,fund shall be available to the ,commission to-- 7#a7 support the rapid development and deployment of broadband service on ,tribal land2 7#b7 provide broadband service to qualifying anchor institutions 7as defined in section #eabd72 7#c7 provide broadband education1 awareness1 training1 access1 and equipment to broadband providers that serve ,tribal land2 and 7#d7 support the activities of the ,tribal ,broadband ,interagency ,working ,group established under section #eabc7;b71 in accordance with section #eabc7;c77#f74 #eabc4 ,interagency coordination program 7a7 ,purpose ,the purpose of this section is to-- 7#a7 expedite and streamline the deployment of affordable broadband service on ,tribal land through the coordination of grants or other financial assistance2 7#b7 improve the effectiveness of ,federal assistance in meeting the obligation of the ,commission to ensure universal availability of broadband networks to all people of the ,united ,states1 including individuals living on ,tribal land2 and 7#c7 ensure the preservation and protection of self-governance1 economic opportunity1 health1 education1 public safety1 and welfare of ,tribal entities4 7b7 ,interagency working group 7#a7 ,establishment ,the ,assistant ,secretary and the ,administrator of the ,rural ,utilities ,service 7referred to in this section as the ,administrator7 shall establish a working group to be known as the ,tribal ,broadband ,interagency ,working ,group 7referred to in this section as the ,working ,group7 to carry out the duties described in paragraph 7#c74 7#b7 ,administration 7,a7 ,chairs ,the ,assistant ,secretary and the ,administrator shall serve as co-chairs of the ,working ,group4 7,b7 ,membership2 staffing ,the ,assistant ,secretary and the ,administrator1 in consultation with the ,tribal ,broadband ,deployment ,advisory ,committee established under subsection 7e71 shall determine the membership and staffing of the ,working ,group4 7#c7 ,duties ,the ,working ,group shall-- 7,a7 7i7 serve as a forum for improving coordination across ,federal broadband programs that are available to ,tribal entities2 7ii7 reduce regulatory barriers to broadband deployment on ,tribal land2 7iii7 promote awareness of the value and availability of ,federal support for broadband deployment on ,tribal land2 and 7iv7 develop common ,federal goals1 performance measures1 and plans to deploy affordable broadband to ,tribal land2 7,b7 not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 issue a strategic plan regarding ,tribal broadband deployment activities1 priorities1 and objectives2 7,c7 promote coordination of the activities of ,federal agencies on ,tribal broadband deployment activities1 including the activities of-- 7i7 the ,department of ,agriculture2 7ii7 the ,department of ,commerce2 7iii7 the ,department of ,education2 7iv7 the ,department of ,health and ,human ,services2 7v7 the ,department of ,housing and ,urban ,development2 7vi7 the ,department of the ,interior2 7vii7 the ,department of ,labor2 7viii7 the ,commission2 7ix7 the ,institute of ,museum and ,library ,services2 and 7x7 any other ,federal agency that the ,working ,group considers appropriate2 7,d7 provide technical assistance for the development of ,tribal broadband deployment plans to meet the ,tribal broadband benchmark2 7,e7 under subsection 7d71 develop a streamlined and standardized application process for grants and other financial assistance to advance the deployment of broadband on ,tribal land2 7,f7 promote information exchange between ,federal agencies-- 7i7 to identify and document ,federal and non-,federal programs and funding opportunities that support ,tribal broadband deployment2 and 7ii7 if practicable1 to leverage existing programs by encouraging joint solicitations1 block grants1 and matching programs with non-,federal entities2 and 7,g7 develop a standardized form that identifies all applicable ,federal statutory provisions1 regulations1 policies1 or procedures that the ,working ,group determines are necessary to adhere to in order to implement a ,tribal broadband deployment plan4 7c7 ,tribal broadband deployment plan 7#a7 ,identification of underserved ,tribal entities ,not later than #ahj days after the date of enactment of this ,act1 the ,chairman of the ,commission1 in coordination with the ,secretary of the ,interior1 shall identify each underserved ,tribal entity and publish a list of such entities in the ,federal ,register4 7#b7 ,notice to underserved ,tribal entities ,not later than #cj days after the date on which the list is published in the ,federal ,register under paragraph 7#a71 the ,working ,group shall send notice to each underserved ,tribal entity on the list inviting the entity to request technical assistance for the development of a ,tribal broadband deployment plan under this subsection4 7#c7 ,technical assistance ,at the request of an underserved ,tribal entity1 the ,working ,group shall provide the entity with technical assistance to facilitate the development1 adoption1 and deployment of a ,tribal broadband development plan detailing the current and projected efforts of the entity to meet the ,tribal broadband benchmark4 7#d7 ,plan elements ,each ,tribal broadband deployment plan developed under this subsection shall-- 7,a7 describe a comprehensive strategy identifying the full range of options to meet the ,tribal broadband benchmark2 7,b7 describe all available ,federal programs that are available to assist the applicable underserved ,tribal entity in meeting the ,tribal broadband benchmark2 7,c7 describe the way in which ,federal program activities and funds shall be integrated1 consolidated1 and delivered to the applicable underserved ,tribal entity to meet the ,tribal broadband benchmark2 7,d7 describe the results expected from implementing the plan1 including the expected number of additional households or participants that would be served due to the implementation of the plan2 7,e7 identify the projected non-,federal expenditures under the plan2 7,f7 identify any agency of the applicable underserved ,tribal entity that will be involved in the delivery of the services integrated under the plan2 7,g7 identify all applicable ,federal1 ,state1 and ,tribal statutory provisions1 regulations1 policies1 or procedures that the ,working ,group determines are necessary to adhere to in order to implement the plan2 7,h7 identify opportunities for the applicable underserved ,tribal entity to purchase spectrum2 and 7,i7 identify-- 7i7 deployment obstacles2 and 7ii7 activities that are necessary to ensure access to affordable broadband1 including digital literacy training1 technical support1 privacy and cybersecurity expertise1 or other end-user technology needs4 7#e7 ,promoting broadband availability ,the ,working ,group shall work in partnership with ,state1 local1 and ,tribal governments1 and consumer and industry groups1 to promote broadband availability to each underserved ,tribal entity1 including consumers in rural and high-cost areas that are adjacent to ,tribal land4 7#f7 ,authorization of appropriations ,for each of fiscal years #bjba through #bjbe1 the ,commission may transfer not more than #e1jjj1jjj of the amounts made available from the ,tribal ,broadband ,fund established under section #eabb to the ,working ,group to carry out subsection 7b7 and this subsection4 7d7 ,streamlined applications for support 7#a7 ,agency consultation ,the ,assistant ,secretary shall consult with each ,federal agency that offers a ,federal broadband support program to ,tribal entities to streamline and standardize the application process for grants or other financial assistance under the program4 7#b7 ,agency streamlining ,a ,federal agency that offers a ,federal broadband support program to ,tribal entities shall amend the application for broadband support from the program1 to the extent practicable and as necessary1 in order to streamline and standardize applications for ,federal broadband support programs across the ,federal ,government4 7#c7 ,single application ,to the greatest extent practicable1 the ,assistant ,secretary shall seek to create #a application that may be submitted to apply for support from all ,federal broadband support programs4 7#d7 ,central website ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall create a central website through which a potential applicant can learn about and apply for support from any ,federal broadband support program4 7e7 ,tribal ,broadband ,deployment ,advisory ,committee 7#a7 ,establishment ,there is established the ,tribal ,broadband ,deployment ,advisory ,committee 7referred to in this subsection as the ,committee74 7#b7 ,purposes2 scope of activities 7,a7 ,purposes ,the purposes of the ,committee are-- 7i7 to make recommendations to ,congress regarding how to accelerate the deployment of broadband service on ,tribal land by-- 7,i7 reducing or removing statutory and regulatory barriers to investment in broadband infrastructure2 and 7,,ii7 strengthening existing broadband networks on ,tribal land2 and 7ii7 to provide an effective means for ,tribal entities to engage with governmental entities and professionals with expertise and backgrounds in broadband1 telecommunications1 information technology1 and infrastructure deployment and adoption in the areas covered by the ,committee to exchange ideas and develop recommendations to ,congress regarding the deployment of broadband on ,tribal land4 7,b7 ,consideration of issues ,the ,committee may consider issues that include-- 7i7 measures to prepare for1 respond to1 and recover from disasters that impact broadband networks2 7ii7 new ways of encouraging deployment of broadband infrastructure and services on ,tribal land2 and 7iii7 other ways to accelerate the deployment of broadband infrastructure to ,tribal land4 7#c7 ,duties ,the ,committee shall provide recommendations to ,congress on issues relating to the deployment of broadband on ,tribal land4 7#d7 ,membership 7,a7 ,in general ,the ,committee shall consist of #af voluntary representatives as follows3 7i7 #ab authorized representatives of ,tribal governments1 each of whom shall represent a different ,bureau of ,indian ,affairs region4 7ii7 #d authorized representatives of ,tribal governments1 each of whom shall serve as an at-large representative4 7,b7 ,qualifications ,each member of the ,committee described in subparagraph 7,a7 shall-- 7i7 be an elected ,tribal official or authorized representative of an elected ,tribal official2 7ii7 act in the official capacity of the member as an elected official of the entity2 7iii7 have the authority to participate on behalf of the ,tribe2 and 7iv7 be qualified to represent the views of all ,tribal entities located in the region of the ,bureau of ,indian ,affairs represented by the member4 7,c7 ,chair ,the ,assistant ,secretary shall appoint a ,chair of the ,committee1 who shall-- 7i7 approve or call all of the meetings of the ,committee and subcommittees of the ,committee2 7ii7 prepare and approve all meeting agendas2 7iii7 attend all ,committee and subcommittee meetings2 7iv7 adjourn any meeting when the ,chair determines that adjournment to be in the public interest2 and 7v7 chair meetings when directed to do so by the ,assistant ,secretary4 7#e7 ,meetings 7,a7 ,frequency ,the ,committee shall meet not less frequently than #c times per year4 7,b7 ,transparency ,the meetings of the ,committee shall be open to the public and timely notice of each such meeting shall be published-- 7i7 in the ,federal ,register2 and 7ii7 through other appropriate methods4 7#f7 ,support 7,a7 ,facilities and staff ,the ,assistant ,secretary shall provide the facilities and support staff necessary to conduct meetings of the ,committee4 7,b7 ,compensation ,a member of the ,committee shall serve without any compensation from the ,federal ,government4 7,c7 ,travel expenses ,a member of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,committee4 #eabd4 ,broadband for ,tribal libraries and consortiums 7a7 ,definition ,in this section1 the term qualifying anchor institution means a facility owned by an ,indian ,tribe1 serving ,indian ,tribes1 or serving ,american ,indians1 ,alaskan ,natives1 or ,native ,hawaiian communities1 including-- 7#a7 a ,tribal library or ,tribal library consortium2 or 7#b7 a ,tribal government building1 chapter house1 longhouse1 community center1 senior center1 or other similar public building4 7b7 ,eligibility of libraries and other anchor institutions for ,e-,rate support ,the ,commission shall amend section #ed4eja7;b7 of title #dg1 ,code of ,federal ,regulations1 to provide that a qualifying anchor institution shall be eligible for a discount on telecommunications and other supported services under subpart ,f of part #ed of that title1 without regard to whether the qualifying anchor institution is eligible for assistance from a ,state library administrative agency under the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iaba et seq474 #eabe4 ,tribal set-aside 7a7 ,rural ,utilities ,service 7#a7 ,tribal set-aside ,notwithstanding any other provision of law1 effective beginning in fiscal year #bjba and for each fiscal year thereafter1 the ,secretary of ,agriculture 7referred to in this subsection as the ,secretary7 shall set aside for broadband adoption and deployment on ,tribal land not less than #bj percent of the amounts made available for that fiscal year for each of the following3 7,a7 ,the ,telecommunications ,infrastructure ,loan and ,loan ,guarantee ,program established under the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ija et seq474 7,b7 ,the initiative under section #cjf;,f of that ,act 7#g ,u4,s4,c4 #icf;f74 7,c7 ,the ,community ,connect ,grant ,program established under section #fjd of that ,act 7#g ,u4,s4,c4 #iej;bb-#c74 7,d7 ,financial assistance under chapter #a of subtitle ,d of title ,,xxiii of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #iej;aaa et seq471 under section #bcce;,a of that ,act 7#g ,u4,s4,c4 #iej;aaa-#e74 7,e7 ,the broadband loan and grant pilot program described in section #ggi of division ,a of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada74 7#b7 ,community ,connect ,grant ,program 7,a7 ,definition of eligible entity ,section #fjd7;a77#c7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb-#c7;a77#c77 is amended-- 7i7 in subparagraph 7,a77i77,,ii71 by striking or ,tribal organization and inserting 1 ,tribal organization1 or ,indian-owned business 7as defined in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb772 and 7ii7 in subparagraph 7,b77ii71 by inserting 1 unless the partnership is an ,indian-owned business 7as defined in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb77 before the period at the end4 7,b7 ,exemption from matching funds requirement ,section #fjd7;e77#a7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb-#c7;e77#a77 is amended by inserting 7other than an underserved ,tribal entity 7as defined in section #eaba of the ,economic ,justice ,act77 after eligible entity4 7,c7 ,exemption from application requirements ,section #fjd7;f7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb-#c7;f77 is amended by adding at the end the following3 7#c7 ,exemptions for ,tribal entities ,notwithstanding paragraphs 7#a7 and 7#b71 the ,secretary shall not require a ,tribal entity 7as defined in section #eaba of the ,economic ,justice ,act7 to submit a system design described in subsection 7d7 of section #agci4ae of title #g1 ,code of ,federal ,regulations 7or successor regulations71 or financial information described in subsection 7h77#b7 of that section1 to be eligible to receive a grant under the ,program4 4 7#c7 ,broadband loan and grant pilot program 7,a7 ,in general ,notwithstanding any other provision of law1 a ,tribal entity shall be considered to be eligible for funding under the broadband loan and grant pilot program described in section #ggi of division ,a of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 #acb ,stat4 #cii74 7,b7 ,exemptions ,the ,secretary of ,agriculture shall exempt underserved ,tribal entities from the application requirements under the pilot program described in subparagraph 7,a7-- 7i7 to submit a network design2 and 7ii7 to provide a matching contribution equal to #be percent of the overall cost of the project4 7b7 ,universal ,service ,fund 7#a7 ,universal ,service generally ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall promulgate regulations under which the ,commission1 on and after the effective date of the regulations1 shall-- 7,a7 set aside #e percent of the amounts allocated for each ,federal universal service support program established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed71 including each program carried out under subparts ,d through ,g and ,j through ,m of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 and 7,b7 with respect to the amount set aside from each program under subparagraph 7,a71 distribute that amount for the purpose of expanding access to broadband service on ,tribal land1 in accordance with the otherwise applicable requirements of the program4 7#b7 ,lifeline program 7,a7 ,initial increase in ,tribal land support amount ,for the first #ab-month period beginning #b years after the date of enactment of this ,act1 in the case of ,tribal land pertaining to a ,tribal entity that has not met the ,tribal broadband benchmark1 the ,commission shall increase the monthly cap on additional ,federal lifeline support made available to an eligible telecommunications carrier providing ,lifeline service to an eligible resident of that ,tribal land under section #ed4djc7;a77#c7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 by #aj4 7,b7 ,annual increase ,for each subsequent #ab-month period after the #ab-month period described in subparagraph 7,a71 in the case of ,tribal land pertaining to a ,tribal entity that has not met the ,tribal broadband benchmark1 the ,commission shall increase the monthly cap described in that paragraph by an additional #aj4 #eabf4 ,universal service on ,tribal land 7a7 ,definitions ,section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec7 is amended-- 7#a7 by redesignating paragraphs 7#eh7 and 7#ei7 as paragraphs 7#fb7 and 7#fc71 respectively2 7#b7 by redesignating paragraphs 7#ce7 through 7#eg7 as paragraphs 7#cg7 through 7#ei71 respectively2 7#c7 by redesignating paragraphs 7#bd7 through 7#cd7 as paragraphs 7#be7 through 7#ce71 respectively2 7#d7 by inserting after paragraph 7#bc7 the following3 7#bd7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 2 7#e7 by inserting after paragraph 7#ce71 as so redesignated1 the following3 7#cf7 ,native ,hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba74 2 and 7#f7 by inserting after paragraph 7#ei71 as so redesignated1 the following3 7#fj7 ,tribal entity ,the term ,tribal entity-- 7,a7 means an ,indian ,tribe2 and 7,b7 includes a ,native ,hawaiian community4 7#fa7 ,tribal land ,the term ,tribal land means-- 7,a7 any land located within the boundaries of-- 7i7 an ,indian reservation1 pueblo1 or rancheria2 or 7ii7 a former reservation within ,oklahoma2 7,b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 7,c7 any land located within a region established pursuant to section #g7;a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;a772 7,d7 ,hawaiian ,home ,lands1 as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba72 or 7,e7 those areas or communities designated by the ,assistant ,secretary of ,indian ,affairs of the ,department of the ,interior that are near1 adjacent1 or contiguous to reservations where financial assistance and social service programs are provided to ,indians because of their status as ,indians4 4 7b7 ,universal service ,section #bed7;b77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;b77#c77 is amended-- 7#a7 by striking and those and inserting 1 consumers2 and 7#b7 inserting after high cost areas1 the following3 and consumers on ,tribal land and in areas with high populations of ,indians 7as defined in section #ai of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act7 7#be ,u4,s4,c4 #eabi77 or ,native ,hawaiians14 7c7 ,technical and conforming amendment ,section #bga7;c77#a77;,a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bga7;c77#a77;,a77 is amended1 in the first sentence1 by striking section #c7dg77;,a7 and inserting section #c7ef77;,a74 #eabg4 ,tribal broadband factor ,the ,commission shall conduct a rulemaking to-- 7#a7 increase ,connect ,america ,fund ,broadband ,loop ,support under subpart ,k of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 available to rate-of-return carriers serving ,tribal land by reducing the funding threshold of #db per month per line by #be percent2 and 7#b7 increase ,high ,cost ,loop ,support under subpart ,m of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 available to rate-of-return carriers serving ,tribal land by increasing-- 7,a7 the eligible costs expense adjustment under section #ed4acaj7;a77#a7 of that title from #fe percent to #ha4be percent2 and 7,b7 the eligible costs expense adjustment under section #ed4acaj7;a77#b7 of that title from #ge percent to #ic4ge percent4 #eabh4 ,pilot program for ,tribal grant of rights-of-way for broadband facilities 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the ,tribal ,broadband ,right-of-,way ,pilot ,program established under subsection 7b77#a74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,pilot program 7#a7 ,in general ,the ,secretary shall establish a pilot program1 to be known as the ,tribal ,broadband ,right-of-,way ,pilot ,program1 under which the ,secretary shall delegate to the ,indian ,tribes selected under paragraph 7#c7 the authority under the first section of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ag1 chapter #de2 #be ,u4,s4,c4 #cbc71 to grant rights-of-way described in paragraph 7#b7 over and across ,tribal land4 7#b7 ,right-of-way described ,a right-of-way referred to in paragraph 7#a7 is a right-of-way for the construction1 maintenance1 and facilitation of broadband service1 which may include-- 7,a7 towers2 7,b7 cables2 7,c7 transmission lines2 and 7,d7 any other equipment necessary for construction1 maintenance1 and facilitation of broadband service4 7#c7 ,participating ,indian ,tribes 7,a7 ,in general ,subject to subparagraph 7,b7 and in accordance with subsection 7c71 the ,secretary shall select not fewer than #aj ,indian ,tribes to participate in the program4 7,b7 ,location of ,indian ,tribes ,of the ,indian ,tribes selected under subparagraph 7,a71 not fewer than #e shall be ,indian ,tribes the land of which is located within the ,state of ,arizona or the ,state of ,new ,mexico4 7#d7 ,broadband right-of-way 7,a7 ,in general ,except as provided in subparagraph 7,b71 an ,indian ,tribe participating in the program may grant a right-of-way described in paragraph 7#b7 over and across the land of the ,indian ,tribe without the approval of1 or a grant by1 the ,secretary1 if-- 7i7 the right-of-way is granted in accordance with the regulations of the ,indian ,tribe approved by the ,secretary under subsection 7c72 and 7ii7 the term of the right-of-way does not exceed #be years1 except that a right-of-way may include an option to renew the right-of-way for not more than #b additional terms1 each of which may not exceed #be years4 7,b7 ,allotted land ,an ,indian ,tribe may not grant a right-of-way under subparagraph 7,a7 over and across an individual ,indian allotment under section #d of the ,act of ,february #h1 #ahhg 7commonly known as the ,indian ,general ,allotment ,act7 7#bd ,stat4 #chi1 chapter #aai2 #be ,u4,s4,c4 #ccd74 7c7 ,proposed regulations 7#a7 ,in general ,an ,indian ,tribe desiring to participate in the program shall submit to the ,secretary an application containing the proposed regulations of the ,indian ,tribe for the granting of rights-of-way described in subsection 7b77#b74 7#b7 ,selection ,the ,secretary may only select for participation in the program ,indian ,tribes the proposed regulations of which are approved by the ,secretary under this subsection4 7#c7 ,considerations for approval ,the ,secretary may approve the proposed regulations of an ,indian ,tribe if the regulations-- 7,a7 are consistent with any regulations issued by the ,secretary under section #f of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbh72 and 7,b7 provide for an environmental review process that includes-- 7i7 the identification and evaluation by the ,indian ,tribe of any significant impacts of the proposed right-of-way on the environment2 and 7ii7 a process for ensuring that-- 7,i7 the public is informed of1 and has a reasonable opportunity to comment on1 any impacts identified by the ,indian ,tribe under clause 7i72 and 7,,ii7 the ,indian ,tribe provides responses to relevant and substantive public comments received under subclause 7,i74 7#d7 ,technical assistance 7,a7 ,in general ,on request of an ,indian ,tribe desiring to participate in the program1 the ,secretary shall provide technical assistance for development of proposed regulations to be submitted in the application of the ,indian ,tribe under paragraph 7#a71 including technical assistance for development of a regulatory environmental review process that meets the requirements of paragraph 7#c77;,b74 7,b7 ,,isdeaa 7i7 ,in general ,technical assistance provided by the ,secretary under subparagraph 7,a7 may be made available to ,indian ,tribes described in clause 7ii7 through contracts1 grants1 or agreements entered into in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd et seq474 7ii7 ,indian ,tribe described ,an ,indian ,tribe referred to in clause 7i7 is an ,indian ,tribe eligible for contracts1 grants1 or agreements under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd et seq474 7#e7 ,review process 7,a7 ,in general ,not later than #abj days after the date on which an application is submitted to the ,secretary under paragraph 7#a71 the ,secretary shall review and approve or disapprove the proposed regulations contained in the application4 7,b7 ,written documentation ,if the ,secretary disapproves the regulations under subparagraph 7,a71 the ,secretary shall-- 7i7 notify the ,indian ,tribe that the regulations have been disapproved2 and 7ii7 include with the notification written documentation that describes the basis for the disapproval4 7,c7 ,extension ,after consultation with the ,indian ,tribe1 the ,secretary may extend the deadline described in subparagraph 7,a7 for an additional #abj-;day period4 7d7 ,federal environmental review ,if an ,indian ,tribe participating in the program proposes to grant a right-of-way for a broadband service project or activity funded by a ,federal agency1 the ,indian ,tribe may rely on the environmental review process of the applicable ,federal agency rather than the environmental review process approved as part of the regulations of the ,indian ,tribe under subsection 7c77#c77;,b74 7e7 ,documentation ,if an ,indian ,tribe participating in the program grants a right-of-way under the program1 the ,indian ,tribe shall submit to the ,secretary-- 7#a7 a copy of the right-of-way1 including any amendments or renewals to the right-of-way2 and 7#b7 if the regulations of the ,indian ,tribe or the right-of-way allows for right-of-way payments to be made directly to the ,indian ,tribe1 documentation of the right-of-way payments that are sufficient to enable the ,secretary to discharge the trust responsibility of the ,united ,states under subsection 7f77#b74 7f7 ,trust responsibility 7#a7 ,in general ,the ,united ,states shall not be liable for any losses sustained by a party to a right-of-way granted by an ,indian ,tribe under the program4 7#b7 ,authority of ,secretary 7,a7 ,in general ,pursuant to the authority of the ,secretary to fulfill the trust obligation of the ,united ,states to ,indian ,tribes participating in the program under ,federal law 7including regulations71 the ,secretary may1 on request by1 and after reasonable notice from1 an ,indian ,tribe1 enforce the provisions of1 or cancel1 any right-of-way granted by the ,indian ,tribe under the program4 7,b7 ,procedures ,the ,secretary shall enforce the provisions of1 or cancel1 any right-of-way under subparagraph 7,a7 in accordance with the regulations issued by the ,secretary under section #f of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbh74 7g7 ,compliance 7#a7 ,in general ,a duly enrolled member of an ,indian ,tribe1 after exhausting any applicable ,tribal remedies1 may submit to the ,secretary1 at such time and in such form as the ,secretary determines to be appropriate1 a petition to review the compliance of an ,indian ,tribe participating in the program with the regulations of the ,indian ,tribe approved by the ,secretary under subsection 7c74 7#b7 ,violations ,if1 after carrying out a review under paragraph 7#a71 the ,secretary determines that the ,indian ,tribe violated the regulations1 the ,secretary1 subject to paragraph 7#c77;,b71 may take any action the ,secretary determines to be necessary to remedy the violation1 including-- 7,a7 rescinding the approval of the regulations2 and 7,b7 reassuming the authority to grant rights-of-ways described in subsection 7b77#b7 delegated to the ,indian ,tribe under the program4 7#c7 ,documentation ,if the ,secretary determines that the ,indian ,tribe violated the regulations and a remedy is necessary1 the ,secretary shall-- 7,a7 submit to the ,indian ,tribe a written notification of the regulations that have been violated2 and 7,b7 prior to the exercise of any remedy under paragraph 7#b71 provide the ,indian ,tribe with-- 7i7 a hearing that is on the record2 and 7ii7 a reasonable opportunity to cure the alleged violation4 7h7 ,sunset ,the authority of the ,secretary to carry this section shall terminate #aj years after the date of enactment of this ,act4 #c ,connected devices #eaca4 ,e-,rate support for ,wi-,fi hotspots1 other equipment1 and connected devices 7a7 ,definitions ,in this section3 7#a7 ,advanced telecommunications and information services ,the term advanced telecommunications and information services means advanced telecommunications and information services1 as that term is used in section #bed7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h774 7#b7 ,connected device ,the term connected device means a laptop computer1 tablet computer1 or similar device that is capable of connecting to advanced telecommunications and information services4 7#c7 ,covered equipment ,the term covered equipment means-- 7,a7 ,wi-,fi hotspots2 7,b7 modems2 7,c7 routers2 7,d7 devices that combine a modem and router2 and 7,e7 connected devices4 7#d7 ,covered regulations ,the term covered regulations means the regulations promulgated under subsection 7b74 7#e7 ,library ,the term library includes a library consortium4 7#f7 ,wi-,fi ,the term ,wi-,fi means a wireless networking protocol based on ,institute of ,electrical and ,electronics ,engineers standard #hjb4aa 7or any successor standard74 7#g7 ,wi-,fi hotspot ,the term ,wi-,fi hotspot means a device that is capable of-- 7,a7 receiving mobile advanced telecommunications and information services2 and 7,b7 sharing those services with another device through the use of ,wi-,fi4 7b7 ,regulations required ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall promulgate regulations providing for the provision1 from amounts made available from the ,connectivity ,fund established under subsection 7h77#a71 of support under section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b77 to an elementary school1 secondary school1 or library 7including a ,tribal elementary school1 ,tribal secondary school1 or ,tribal library7 eligible for support under that section1 for the purchase of covered equipment1 advanced telecommunications and information services1 or covered equipment and advanced telecommunications and information services1 for use by-- 7#a7 in the case of a school1 students and staff of the school at locations that include locations other than the school2 and 7#b7 in the case of a library1 patrons of the library at locations that include locations other than the library4 7c7 ,tribal issues 7#a7 ,set aside for ,tribal lands ,the ,commission shall reserve not less than #e percent of the amounts available to the ,commission under subsection 7h77#c7 to provide support under the covered regulations to schools and libraries that serve individuals who are located on ,tribal land4 7#b7 ,eligibility of ,tribal libraries ,for purposes of determining the eligibility of a ,tribal library for support under the covered regulations1 the portion of paragraph 7#d7 of section #bed7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77 relating to eligibility for assistance from a ,state library administrative agency under the ,library ,services and ,technology ,act shall not apply4 7d7 ,prioritization of support ,the ,commission shall provide in the covered regulations for a mechanism to require a school or library to prioritize the provision of covered equipment1 advanced telecommunications and information services1 or covered equipment and advanced telecommunications and information services1 for which support is received under those regulations1 to students and staff or patrons 7as the case may be7 that the school or library believes do not have access to covered equipment1 do not have access to advanced telecommunications and information services1 or have access to neither covered equipment nor advanced telecommunications and information services1 at the residences of those students and staff or patrons4 7e7 ,permissible uses of equipment ,the ,commission shall provide in the covered regulations that1 in the case of a school or library that purchases covered equipment using support received under those regulations1 the school or library-- 7#a7 may use the equipment for any purposes that the school or library considers appropriate1 subject to any restrictions provided in those regulations 7or any successor regulation72 and 7#b7 may not sell or otherwise transfer the equipment in exchange for any thing 7including a service7 of value1 except that the school or library may exchange the equipment for upgraded equipment of the same type4 7f7 ,rule of construction ,nothing in this section shall be construed to affect any authority the ,commission may have under section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b77 to allow support under that section to be used for the purposes described in subsection 7b7 of this section other than as required under that subsection4 7g7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 with respect to support provided under the covered regulations-- 7#a7 shall apply in whole or in part to that support2 7#b7 shall not apply in whole or in part to that support2 or 7#c7 shall be modified in whole or in part for purposes of application to that support4 7h7 ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,connectivity ,fund4 7#b7 ,appropriation ,there is appropriated to the ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #ab1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#c7 ,use of funds ,amounts in the ,connectivity ,fund shall be available to the ,commission to provide support under the covered regulations4 7#d7 ,relationship to universal service contributions ,support provided under covered regulations shall be provided from amounts made available under paragraph 7#c7 and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d774 #d ,digital equity #eada4 ,short title ,this chapter may be cited as the ,digital ,equity ,act of #bjbj4 #eadb4 ,definitions ,in this chapter3 7#a7 ,adoption of broadband ,the term adoption of broadband means the process by which an individual obtains daily access to the internet-- 7,a7 at a speed1 quality1 and capacity-- 7i7 that is necessary for the individual to accomplish common tasks2 and 7ii7 such that the access qualifies as an advanced telecommunications capability2 7,b7 with the digital skills that are necessary for the individual to participate online2 and 7,c7 on a-- 7i7 personal device2 and 7ii7 secure and convenient network4 7#b7 ,advanced telecommunications capability ,the term advanced telecommunications capability has the meaning given the term in section #gjf7;d7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;d774 7#c7 ,aging individual ,the term aging individual has the meaning given the term older individual in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb74 7#d7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#e7 ,community anchor institution ,the term community anchor institution means a public school1 a library1 a medical or healthcare provider1 a community college or other institution of higher education1 a ,state library agency1 and any other nonprofit or governmental community support organization4 7#f7 ,covered household ,the term covered household means a household1 the taxable income of which for the most recently completed taxable year is not more than #aej percent of an amount equal to the poverty level1 as determined by using criteria of poverty established by the ,bureau of the ,census4 7#g7 ,covered populations ,the term covered populations means-- 7,a7 individuals who live in covered households2 7,b7 aging individuals2 7,c7 incarcerated individuals1 other than individuals who are incarcerated in a ,federal correctional facility2 7,d7 veterans2 7,e7 individuals with disabilities2 7,f7 individuals with a language barrier1 including individuals who-- 7i7 are ,english learners2 and 7ii7 have low levels of literacy2 7,g7 individuals who are members of a racial or ethnic minority group2 and 7,h7 individuals who primarily reside in a rural area4 7#h7 ,covered programs ,the term covered programs means-- 7,a7 the ,state ,digital ,equity ,capacity ,grant ,program established under section #eadd2 and 7,b7 the ,digital ,equity ,competitive ,grant ,program established under section #eade4 7#i7 ,digital inclusion ,the term digital inclusion-- 7,a7 means the activities that are necessary to ensure that all individuals in the ,united ,states have access to1 and the use of1 affordable information and communication technologies1 such as-- 7i7 reliable fixed and wireless broadband internet service2 7ii7 internet-enabled devices that meet the needs of the user2 and 7iii7 applications and online content designed to enable and encourage self-sufficiency1 participation1 and collaboration2 and 7,b7 includes-- 7i7 obtaining access to digital literacy training2 7ii7 the provision of quality technical support2 and 7iii7 obtaining basic awareness of measures to ensure online privacy and cybersecurity4 7#aj7 ,digital literacy ,the term digital literacy means the skills associated with using technology to enable users to find1 evaluate1 organize1 create1 and communicate information4 7#aa7 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#ab7 ,eligible ,state ,the term eligible ,state means-- 7,a7 with respect to planning grants made available under section #eadd7;c77#c71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #eadd7;c77#c77;,c72 and 7,b7 with respect to capacity grants awarded under section #eadd7;d71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #eadd7;d77#b71 including approval of the ,state ,digital ,equity ,plan developed by the ,state under section #eadd7;c74 7#ac7 ,gender identity ,the term gender identity has the meaning given the term in section #bdi7;c7 of title #ah1 ,united ,states ,code4 7#ad7 ,institution of higher education ,the term institution of higher education-- 7,a7 has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7,b7 includes a postsecondary vocational institution4 7#ae7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja7cj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cj774 7#af7 ,postsecondary vocational institution ,the term postsecondary vocational institution has the meaning given the term in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#ag7 ,rural area ,the term rural area has the meaning given the term in section #fja7;b77#c7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb7b77#c774 7#ah7 ,socially and economically disadvantaged small business concern ,the term socially and economically disadvantaged small business concern has the meaning given the term in section #h7;a77#d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#d774 7#ai7 ,state ,the term ,state means-- 7,a7 any ,state of the ,united ,states2 7,b7 the ,district of ,columbia2 and 7,c7 the ,commonwealth of ,puerto ,rico4 7#bj7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7#ba7 ,workforce development program ,the term workforce development program has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 #eadc4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 a broadband connection and digital literacy are increasingly critical to how individuals-- 7,a7 participate in the society1 economy1 and civic institutions of the ,united ,states2 and 7,b7 access health care and essential services1 obtain education1 and build careers2 7#b7 digital exclusion-- 7,a7 carries a high societal and economic cost2 7,b7 materially harms the opportunity of an individual with respect to the economic success1 educational achievement1 positive health outcomes1 social inclusion1 and civic engagement of that individual2 and 7,c7 exacerbates existing wealth and income gaps1 especially those experienced by covered populations2 7#c7 achieving digital equity for all people of the ,united ,states requires additional and sustained investment and research efforts2 7#d7 the ,federal ,government1 as well as ,state1 ,tribal1 territorial1 and local governments1 have made social1 legal1 and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet2 and 7#e7 achieving digital equity is a matter of social and economic justice and is worth pursuing4 #eadd4 ,state ,digital ,equity ,capacity ,grant ,program 7a7 ,establishment2 purpose 7#a7 ,in general ,the ,assistant ,secretary shall establish in the ,department of ,commerce the ,state ,digital ,equity ,capacity ,grant ,program 7referred to in this section as the ,program7-- 7,a7 the purpose of which is to promote the achievement of digital equity1 support digital inclusion activities1 and build capacity for efforts by ,states relating to the adoption of broadband by residents of those ,states2 7,b7 through which the ,assistant ,secretary shall make grants to ,states in accordance with the requirements of this section2 and 7,c7 which shall ensure that ,states have the capacity to promote the achievement of digital equity and support digital inclusion activities4 7#b7 ,consultation with other ,federal agencies2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary shall-- 7,a7 consult with-- 7i7 the ,secretary of ,agriculture2 7ii7 the ,secretary of ,housing and ,urban ,development2 7iii7 the ,secretary of ,education2 7iv7 the ,secretary of ,labor2 7v7 the ,secretary of ,health and ,human ,services2 7vi7 the ,secretary of ,veterans ,affairs2 7vii7 the ,secretary of the ,interior2 7viii7 the ,commission2 7ix7 the ,federal ,trade ,commission2 7x7 the ,director of the ,institute of ,museum and ,library ,services2 7xi7 the ,administrator of the ,small ,business ,administration2 7xii7 the ,federal ,co-,chair of the ,appalachian ,regional ,commission2 and 7xiii7 the head of any other agency that the ,assistant ,secretary determines to be appropriate2 and 7,b7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband initiatives and programs4 7b7 ,administering entity 7#a7 ,selection2 function ,the governor 7or equivalent official7 of a ,state that wishes to be awarded a grant under this section shall1 from among entities that are eligible under paragraph 7#b71 select an administering entity for that ,state1 which shall-- 7,a7 serve as the recipient of1 and administering agent for1 any grant awarded to the ,state under this section2 7,b7 develop1 implement1 and oversee the ,state ,digital ,equity ,plan for the ,state described in subsection 7c72 7,c7 make subgrants to any entity described in subsection 7c77#a77;,d7 that is located in the ,state in support of-- 7i7 the ,state ,digital ,equity ,plan for the ,state2 and 7ii7 digital inclusion activities in the ,state generally2 and 7,d7 serve as-- 7i7 an advocate for digital equity policy and digital inclusion activities2 and 7ii7 a repository of best practice materials regarding the policies and activities described in clause 7i74 7#b7 ,eligible entities ,any of the following entities may serve as the administering entity for a ,state for the purposes of this section if the entity has demonstrated a capacity to administer the ,program on a statewide level3 7,a7 ,the ,state1 a political subdivision1 agency1 or instrumentality of the ,state1 an ,indian ,tribe located in the ,state1 an ,alaska ,native entity located in the ,state1 or a ,native ,hawaiian organization located in the ,state4 7,b7 ,a foundation1 corporation1 institution1 association1 or coalition that is-- 7i7 a not-for-profit entity2 7ii7 located in the ,state2 and 7iii7 not a school4 7,c7 ,a community anchor institution1 other than a school1 that is located in the ,state4 7,d7 ,a local educational agency that is located in the ,state4 7,e7 ,an entity located in the ,state that carries out a workforce development program4 7,f7 ,an agency of the ,state that is responsible for administering or supervising adult education and literacy activities in the ,state4 7,g7 ,a public housing authority that is located in the ,state4 7,h7 ,a partnership between any of the entities described in subparagraphs 7,a7 through 7,g74 7c7 ,state ,digital ,equity ,plan 7#a7 ,development2 contents ,a ,state that wishes to be awarded a grant under subsection 7d7 shall develop a ,state ,digital ,equity ,plan for the ,state1 which shall include-- 7,a7 the identification of the barriers to digital equity faced by covered populations in the ,state2 7,b7 measurable objectives for documenting and promoting1 among each group described in subparagraphs 7,a7 through 7,h7 of section #eadb7g7 located in that ,state-- 7i7 the availability of1 and affordability of access to1 fixed and wireless broadband technology2 7ii7 the online accessibility and inclusivity of public resources and services2 7iii7 digital literacy2 7iv7 awareness of1 and the use of1 measures to secure the online privacy of1 and cybersecurity with respect to1 an individual2 and 7v7 the availability and affordability of consumer devices and technical support for those devices2 7,c7 an assessment of how the objectives described in subparagraph 7,b7 will impact and interact with the ,state's-- 7i7 economic and workforce development goals1 plans1 and outcomes2 7ii7 educational outcomes2 7iii7 health outcomes2 7iv7 civic and social engagement2 and 7v7 delivery of other essential services2 7,d7 in order to achieve the objectives described in subparagraph 7,b71 a description of how the ,state plans to collaborate with key stakeholders in the ,state1 which may include-- 7i7 community anchor institutions2 7ii7 county and municipal governments2 7iii7 local educational agencies2 7iv7 where applicable1 ,indian ,tribes1 ,alaska ,native entities1 or ,native ,hawaiian organizations2 7v7 nonprofit organizations2 7vi7 organizations that represent-- 7,i7 individuals with disabilities1 including organizations that represent children with disabilities2 7,,ii7 aging individuals2 7,,iii7 individuals with language barriers1 including-- 7aa7 individuals who are ,english learners2 and 7bb7 individuals who have low levels of literacy2 7,,iv7 veterans2 and 7,v7 individuals in that ,state who are incarcerated in facilities other than ,federal correctional facilities2 7vii7 civil rights organizations2 7viii7 entities that carry out workforce development programs2 7ix7 agencies of the ,state that are responsible for administering or supervising adult education and literacy activities in the ,state2 7x7 public housing authorities in the ,state2 and 7xi7 a partnership between any of the entities described in clauses 7i7 through 7x72 and 7,e7 a list of organizations with which the administering entity for the ,state collaborated in developing and implementing the ,plan4 7#b7 ,public availability 7,a7 ,in general ,the administering entity for a ,state shall make the ,state ,digital ,equity ,plan of the ,state available for public comment for a period of not less than #cj days before the date on which the ,state submits an application to the ,assistant ,secretary under subsection 7d77#b74 7,b7 ,consideration of comments received ,the administering entity for a ,state shall1 with respect to an application submitted to the ,assistant ,secretary under subsection 7d77#b7-- 7i7 before submitting the application-- 7,i7 consider all comments received during the comment period described in subparagraph 7,a7 with respect to the application 7referred to in this subparagraph as the comment period72 and 7,,ii7 make any changes to the plan that the administering entity determines to be worthwhile2 and 7ii7 when submitting the application-- 7,i7 describe any changes pursued by the administering entity in response to comments received during the comment period2 and 7,,ii7 include a written response to each comment received during the comment period4 7#c7 ,planning grants 7,a7 ,in general ,beginning in the first fiscal year that begins after the date of enactment of this ,act1 the ,assistant ,secretary shall1 in accordance with the requirements of this paragraph1 award planning grants to ,states for the purpose of developing the ,state ,digital ,equity ,plans of those ,states under this subsection4 7,b7 ,eligibility ,in order to be awarded a planning grant under this paragraph1 a ,state-- 7i7 shall submit to the ,assistant ,secretary an application under subparagraph 7,c72 and 7ii7 may not have been awarded1 at any time1 a planning grant under this paragraph4 7,c7 ,application ,a ,state that wishes to be awarded a planning grant under this paragraph shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7i7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7ii7 ,a certification from the ,state that1 not later than #a year after the date on which the ,assistant ,secretary awards the planning grant to the ,state1 the administering entity for that ,state shall develop a ,state ,digital ,equity ,plan under this subsection1 which-- 7,i7 the administering entity shall submit to the ,assistant ,secretary2 and 7,,ii7 shall comply with the requirements of this subsection1 including the requirement under paragraph 7#b77;,b74 7iii7 ,the assurances required under subsection 7e74 7,d7 ,awards 7i7 ,amount of grant ,a planning grant awarded to an eligible ,state under this paragraph shall be determined according to the formula under subsection 7d77#c77;,a77i74 7ii7 ,duration 7,i7 ,in general ,except as provided in subclause 7,,ii71 with respect to a planning grant awarded to an eligible ,state under this paragraph1 the ,state shall expend the grant funds during the #a-year period beginning on the date on which the ,state is awarded the grant funds4 7,,ii7 ,exception ,the ,assistant ,secretary may grant an extension of not longer than #ahj days with respect to the requirement under subclause 7,i74 7iii7 ,challenge mechanism ,the ,assistant ,secretary shall ensure that any eligible ,state to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the ,state1 as determined under clause 7i74 7,e7 ,use of funds ,an eligible ,state to which a planning grant is awarded under this paragraph shall1 through the administering entity for that ,state1 use the grant funds only for the following purposes3 7i7 ,to develop the ,state ,digital ,equity ,plan of the ,state under this subsection4 7ii7 7,i7 ,subject to subclause 7,,ii71 to make subgrants to any of the entities described in paragraph 7#a77;,d7 to assist in the development of the ,state ,digital ,equity ,plan of the ,state under this subsection4 7,,ii7 ,if the administering entity for a ,state makes a subgrant described in subclause 7,i71 the administering entity shall1 with respect to the subgrant1 provide to the ,state the assurances required under subsection 7e74 7d7 ,state capacity grants 7#a7 ,in general ,beginning not later than #b years after the date on which the ,assistant ,secretary begins awarding planning grants under subsection 7c77#c71 the ,assistant ,secretary shall each year award grants to eligible ,states to support-- 7,a7 the implementation of the ,state ,digital ,equity ,plans of those ,states2 and 7,b7 digital inclusion activities in those ,states4 7#b7 ,application ,a ,state that wishes to be awarded a grant under this subsection shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7,a7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7,b7 ,the ,state ,digital ,equity ,plan of that ,state1 as described in subsection 7c74 7,c7 ,a certification that the ,state1 acting through the administering entity for the ,state1 shall-- 7i7 implement the ,state ,digital ,equity ,plan of the ,state2 and 7ii7 make grants in a manner that is consistent with the aims of the ,plan described in clause 7i74 7,d7 ,the assurances required under subsection 7e74 7,e7 ,in the case of a ,state to which the ,assistant ,secretary has previously awarded a grant under this subsection1 any amendments to the ,state ,digital ,equity ,plan of that ,state1 as compared with the ,state ,digital ,equity ,plan of the ,state previously submitted4 7#c7 ,awards 7,a7 ,amount of grant 7i7 ,formula ,subject to clauses 7ii71 7iii71 and 7iv71 the ,assistant ,secretary shall calculate the amount of a grant awarded to an eligible ,state under this subsection in accordance with the following criteria1 using the best available data for all ,states for the fiscal year in which the grant is awarded3 7,i7 #ej percent of the total grant amount shall be based on the population of the eligible ,state in proportion to the total population of all eligible ,states4 7,,ii7 #be percent of the total grant amount shall be based on the number of individuals in the eligible ,state who are covered populations in proportion to the total number of individuals in all eligible ,states who are covered populations4 7,,iii7 #be percent of the total grant amount shall be based on the comparative lack of availability and adoption of broadband in the eligible ,state in proportion to the lack of availability and adoption of broadband of all eligible ,states1 which shall be determined according to data collected from-- 7aa7 the annual inquiry of the ,commission conducted under section #gjf7;b7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;b772 7bb7 the ,american ,community ,survey or1 if necessary1 other data collected by the ,bureau of the ,census2 7cc7 the ,internet and ,computer ,use ,supplement to the ,current ,population ,survey of the ,bureau of the ,census2 and 7dd7 any other source that the ,assistant ,secretary1 after appropriate notice and opportunity for public comment1 determines to be appropriate4 7ii7 ,minimum award ,the amount of a grant awarded to an eligible ,state under this subsection in a fiscal year shall be not less than #j4e percent of the total amount made available to award grants to eligible ,states for that fiscal year4 7iii7 ,additional amounts ,if1 after awarding planning grants to ,states under subsection 7c77#c7 and capacity grants to eligible ,states under this subsection in a fiscal year1 there are amounts remaining to carry out this section1 the ,assistant ,secretary shall distribute those amounts-- 7,i7 to eligible ,states to which the ,assistant ,secretary has awarded grants under this subsection for that fiscal year2 and 7,,ii7 in accordance with the formula described in clause 7i74 7iv7 ,data unavailable ,if1 in a fiscal year1 the ,commonwealth of ,puerto ,rico 7referred to in this clause as ,puerto ,rico7 is an eligible ,state and specific data for ,puerto ,rico is unavailable for a factor described in subclause 7,i71 7,,ii71 or 7,,ii7 of clause 7i71 the ,assistant ,secretary shall use the median data point with respect to that factor among all eligible ,states and assign it to ,puerto ,rico for the purposes of making any calculation under that clause for that fiscal year4 7,b7 ,duration ,with respect to a grant awarded to an eligible ,state under this subsection1 the eligible ,state shall expend the grant funds during the #e-year period beginning on the date on which the eligible ,state is awarded the grant funds4 7,c7 ,challenge mechanism ,the ,assistant ,secretary shall ensure that any eligible ,state to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the ,state1 as determined under subparagraph 7,a74 7,d7 ,use of funds ,the administering entity for an eligible ,state to which a grant is awarded under this subsection shall use the grant amounts for the following purposes3 7i7 7,i7 ,subject to subclause 7,,ii71 to update or maintain the ,state ,digital ,equity ,plan of the ,state4 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #bj percent of the amount of the grant for the purpose described in subclause 7,i74 7ii7 ,to implement the ,state ,digital ,equity ,plan of the ,state4 7iii7 7,i7 ,subject to subclause 7,,ii71 to award a grant to any entity that is described in section #eade7;b7 and is located in the eligible ,state in order to-- 7aa7 assist in the implementation of the ,state ,digital ,equity ,plan of the ,state2 7bb7 pursue digital inclusion activities in the ,state consistent with the ,state ,digital ,equity ,plan of the ,state2 and 7cc7 report to the ,state regarding the digital inclusion activities of the entity4 7,,ii7 ,before an administering entity for an eligible ,state may award a grant under subclause 7,i71 the administering entity shall require the entity to which the grant is awarded to certify that-- 7aa7 the entity shall carry out the activities required under items 7aa71 7bb71 and 7cc7 of that subclause2 7bb7 the receipt of the grant shall not result in unjust enrichment of the entity2 and 7cc7 the entity shall cooperate with any evaluation-- 7,,aa7 of any program that relates to a grant awarded to the entity2 and 7,,bb7 that is carried out by or for the administering entity1 the ,assistant ,secretary1 or another ,federal official4 7iv7 7,i7 ,subject to subclause 7,,ii71 to evaluate the efficacy of the efforts funded by grants made under clause 7iii74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #e percent of the amount of the grant for a purpose described in subclause 7,i74 7v7 7,i7 ,subject to subclause 7,,ii71 for the administrative costs incurred in carrying out the activities described in clauses 7i7 through 7iv74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #c percent of the amount of the grant for a purpose described in subclause 7,i74 7e7 ,assurances ,when applying for a grant under this section1 a ,state shall include in the application for that grant assurances that-- 7#a7 if an entity described in section #eade7;b7 is awarded grant funds under this section 7referred to in this subsection as a covered recipient71 provide that-- 7,a7 the covered recipient shall use the grant funds in accordance with any applicable statute1 regulation1 and application procedure2 7,b7 the administering entity for that ,state shall adopt and use proper methods of administering any grant that the covered recipient is awarded1 including by-- 7i7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out the program to which the grant relates2 7ii7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7iii7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 and 7,c7 the administering entity for that ,state shall cooperate in carrying out any evaluation-- 7i7 of any program that relates to a grant awarded to the covered recipient2 and 7ii7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#b7 the administering entity for that ,state shall-- 7,a7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the ,state is awarded under this section2 7,b7 submit to the ,assistant ,secretary any reports that may be necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under this section2 7,c7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under this section2 and 7,d7 with respect to any significant proposed change or amendment to the ,state ,digital ,equity ,plan for the ,state1 make the change or amendment available for public comment in accordance with subsection 7c77#b72 and 7#c7 the ,state1 before submitting to the ,assistant ,secretary the ,state ,digital ,equity ,plan of the ,state1 has complied with the requirements of subsection 7c77#b74 7f7 ,termination of grant 7#a7 ,in general ,the ,assistant ,secretary shall terminate a grant awarded to an eligible ,state under this section if1 after notice to the ,state and opportunity for a hearing1 the ,assistant ,secretary-- 7,a7 presents to the ,state a rationale and supporting information that clearly demonstrates that-- 7i7 the grant funds are not contributing to the development or execution of the ,state ,digital ,equity ,plan of the ,state1 as applicable2 and 7ii7 the ,state is not upholding assurances made by the ,state to the ,assistant ,secretary under subsection 7e72 and 7,b7 determines that the grant is no longer necessary to achieve the original purpose for which ,assistant ,secretary awarded the grant4 7#b7 ,redistribution ,if the ,assistant ,secretary1 in a fiscal year1 terminates a grant under paragraph 7#a71 the ,assistant ,secretary shall redistribute the unspent grant amounts-- 7,a7 to eligible ,states to which the ,assistant ,secretary has awarded grants under subsection 7d7 for that fiscal year2 and 7,b7 in accordance with the formula described in subsection 7d77#c77;,a77i74 7g7 ,reporting and information requirements2 ,internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which a grant1 including a subgrant1 is awarded under this section to publicly report1 for each year during the period described in subsection 7c77#c77;,d77ii7 or 7d77#c77;,b71 as applicable1 with respect to the grant1 and in a format specified by the ,assistant ,secretary1 on-- 7i7 the use of that grant by the entity2 7ii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 and 7iii7 the implementation of the ,state ,digital ,equity ,plan of the ,state2 7,b7 establish appropriate mechanisms to ensure that each eligible ,state to which a grant is awarded under this section-- 7i7 uses the grant amounts in an appropriate manner2 and 7ii7 complies with all terms with respect to the use of the grant amounts2 and 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 the application of each ,state that has applied for a grant under this section2 7ii7 the status of each application described in clause 7i72 7iii7 each report submitted by an entity under subparagraph 7,a72 7iv7 a record of public comments made regarding the ,state ,digital ,equity ,plan of a ,state1 as well as any written responses to or actions taken in as a result of those comments2 and 7v7 any other information that is sufficient to allow the public to understand and monitor grants awarded under this section2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under this section4 7h7 ,supplement not supplant ,a grant or subgrant awarded under this section shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to carry out activities described in this section4 7i7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 not more than #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to-- 7i7 ,states1 or administering entities for ,states1 to prepare the applications of those ,states2 and 7ii7 administering entities with respect to grants awarded under this section2 and 7,c7 developing the report required under section #eadf7;a72 7#b7 not less than #e percent to award grants to1 or enter into contracts or cooperative agreements with1 ,indian ,tribes1 ,alaska ,native entities1 and ,native ,hawaiian organizations to allow those tribes1 entities1 and organizations to carry out the activities described in this section2 and 7#c7 not less than #a percent to award grants to1 or enter into contracts or cooperative agreements with1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states that is not a ,state to enable those entities to carry out the activities described in this section4 7j7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7k7 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 #abj1jjj1jjj for the award of grants under subsection 7c77#c71 which shall remain available until expended2 7#b7 for each of the first #e fiscal years in which amounts are made available to award grants under subsection 7d71 #bej1jjj1jjj for the award of those grants2 and 7#c7 such sums as may be necessary to carry out this section for each fiscal year after the end of the #e-;fiscal year period described in paragraph 7#b74 #eade4 ,digital ,equity ,competitive ,grant ,program 7a7 ,establishment 7#a7 ,in general ,not later than #cj days after the date on which the ,assistant ,secretary begins awarding grants under section #eadd7;d71 and not before that date1 the ,assistant ,secretary shall establish in the ,department of ,commerce the ,digital ,equity ,competitive ,grant ,program 7referred to in this section as the ,program71 the purpose of which is to award grants to support efforts to achieve digital equity1 promote digital inclusion activities1 and spur greater adoption of broadband among covered populations4 7#b7 ,consultation2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary-- 7,a7 may consult a ,state with respect to-- 7i7 the identification of groups described in subparagraphs 7,a7 through 7,h7 of section #eadb7g7 located in that ,state2 and 7ii7 the allocation of grant funds within that ,state for projects in or affecting the ,state2 and 7,b7 shall-- 7i7 consult with-- 7,i7 the ,secretary of ,agriculture2 7,,ii7 the ,secretary of ,housing and ,urban ,development2 7,,iii7 the ,secretary of ,education2 7,,iv7 the ,secretary of ,labor2 7,v7 the ,secretary of ,health and ,human ,services2 7,,vi7 the ,secretary of ,veterans ,affairs2 7,,vii7 the ,secretary of the ,interior2 7,,viii7 the ,commission2 7,,ix7 the ,federal ,trade ,commission2 7,x7 the ,director of the ,institute of ,museum and ,library ,services2 7,,xi7 the ,administrator of the ,small ,business ,administration2 7,,xii7 the ,federal ,co-,chair of the ,appalachian ,regional ,commission2 and 7,,xiii7 the head of any other agency that the ,assistant ,secretary determines to be appropriate2 and 7ii7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband initiatives and programs4 7b7 ,eligibility ,the ,assistant ,secretary may award a grant under the ,program to any of the following entities if the entity is not serving1 and has not served1 as the administering entity for a ,state under section #eadd7;b73 7#a7 ,a political subdivision1 agency1 or instrumentality of a ,state1 including an agency of a ,state that is responsible for administering or supervising adult education and literacy activities in the ,state4 7#b7 ,an ,indian ,tribe1 an ,alaska ,native entity1 or a ,native ,hawaiian organization4 7#c7 ,a foundation1 corporation1 institution1 or association that is-- 7,a7 a not-for-profit entity2 and 7,b7 not a school4 7#d7 ,a community anchor institution4 7#e7 ,a local educational agency4 7#f7 ,an entity that carries out a workforce development program4 7#g7 ,a partnership between any of the entities described in paragraphs 7#a7 through 7#f74 7#h7 ,a partnership between-- 7,a7 an entity described in any of paragraphs 7#a7 through 7#f72 and 7,b7 an entity that-- 7i7 the ,assistant ,secretary1 by rule1 determines to be in the public interest2 and 7ii7 is not a school4 7c7 ,application ,an entity that wishes to be awarded a grant under the ,program shall submit to the ,assistant ,secretary an application-- 7#a7 at such time1 in such form1 and containing such information as the ,assistant ,secretary may require2 and 7#b7 that-- 7,a7 provides a detailed explanation of how the entity will use any grant amounts awarded under the ,program to carry out the purposes of the ,program in an efficient and expeditious manner2 7,b7 identifies the period in which the applicant will expend the grant funds awarded under the ,program2 7,c7 includes-- 7i7 a justification for the amount of the grant that the applicant is requesting2 and 7ii7 for each fiscal year in which the applicant will expend the grant funds1 a budget for the activities that the grant funds will support2 7,d7 demonstrates to the satisfaction of the ,assistant ,secretary that the entity-- 7i7 is capable of carrying out-- 7,i7 the project or function to which the application relates2 and 7,,ii7 the activities described in subsection 7h7-- 7aa7 in a competent manner2 and 7bb7 in compliance with all applicable ,federal1 ,state1 and local laws2 and 7ii7 if the applicant is an entity described in subsection 7b77#a71 shall appropriate or otherwise unconditionally obligate from non-,federal sources funds that are necessary to meet the requirements of subsection 7e72 7,e7 discloses to the ,assistant ,secretary the source and amount of other ,federal1 ,state1 or outside funding sources from which the entity receives1 or has applied for1 funding for activities or projects to which the application relates2 and 7,f7 provides-- 7i7 the assurances that are required under subsection 7f72 and 7ii7 an assurance that the entity shall follow such additional procedures as the ,assistant ,secretary may require to ensure that grant funds are used and accounted for in an appropriate manner4 7d7 ,award of grants 7#a7 ,factors considered in award of grants ,in deciding whether to award a grant under the ,program1 the ,assistant ,secretary shall1 to the extent practicable1 consider-- 7,a7 whether-- 7i7 an application shall1 if approved-- 7,i7 increase internet access and the adoption of broadband among covered populations to be served by the applicant2 and 7,,ii7 not result in unjust enrichment2 and 7ii7 the applicant is1 or plans to subcontract with1 a socially and economically disadvantaged small business concern2 7,b7 the comparative geographic diversity of the application in relation to other eligible applications2 and 7,c7 the extent to which an application may duplicate or conflict with another program4 7#b7 ,use of funds 7,a7 ,in general ,in addition to the activities required under subparagraph 7,b71 an entity to which the ,assistant ,secretary awards a grant under the ,program shall use the grant amounts to support not less than one of the following activities3 7i7 ,to develop and implement digital inclusion activities that benefit covered populations4 7ii7 ,to facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations4 7iii7 ,to implement1 consistent with the purposes of this chapter-- 7,i7 training programs for covered populations that cover basic1 advanced1 and applied skills2 or 7,,ii7 other workforce development programs4 7iv7 ,to make available equipment1 instrumentation1 networking capability1 hardware and software1 or digital network technology for broadband services to covered populations at low or no cost4 7v7 ,to construct1 upgrade1 expend1 or operate new or existing public access computing centers for covered populations through community anchor institutions4 7vi7 ,to undertake any other project and activity that the ,assistant ,secretary finds to be consistent with the purposes for which the ,program is established4 7,b7 ,evaluation 7i7 ,in general ,an entity to which the ,assistant ,secretary awards a grant under the ,program shall use not more than #aj percent of the grant amounts to measure and evaluate the activities supported with the grant amounts4 7ii7 ,submission to ,assistant ,secretary ,an entity to which the ,assistant ,secretary awards a grant under the ,program shall submit to the ,assistant ,secretary each measurement and evaluation performed under clause 7i7-- 7,i7 in a manner specified by the ,assistant ,secretary2 7,,ii7 not later than #ae months after the date on which the entity is awarded the grant amounts2 and 7,,iii7 annually after the submission described in subclause 7,,ii7 for any year in which the entity expends grant amounts4 7,c7 ,administrative costs ,an entity to which the ,assistant ,secretary awards a grant under the ,program may use not more than #aj percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph 7,a74 7,d7 ,time limitations ,with respect to a grant awarded to an entity under the ,program1 the entity-- 7i7 except as provided in clause 7ii71 shall expend the grant amounts during the #d-year period beginning on the date on which the entity is awarded the grant amounts2 and 7ii7 during the #a-year period beginning on the date that is #d years after the date on which the entity is awarded the grant amounts1 may continue to measure and evaluate the activities supported with the grant amounts1 as required under subparagraph 7,b74 7e7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of any project for which the ,assistant ,secretary awards a grant under the ,program may not exceed #ij percent4 7#b7 ,exception ,the ,assistant ,secretary may grant a waiver with respect to the limitation on the ,federal share of a project described in paragraph 7#a7 if-- 7,a7 the applicant with respect to the project petitions the ,assistant ,secretary for the waiver2 and 7,b7 the ,assistant ,secretary determines that the petition described in subparagraph 7,a7 demonstrates financial need4 7f7 ,assurances ,when applying for a grant under this section1 an entity shall include in the application for that grant assurances that the entity shall-- 7#a7 use any grant funds that the entity is awarded-- 7,a7 in accordance with any applicable statute1 regulation1 and application procedure2 and 7,b7 to the extent required under applicable law2 7#b7 adopt and use proper methods of administering any grant that the entity is awarded1 including by-- 7,a7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out a program to which the grant relates2 7,b7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7,c7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 7#c7 cooperate with respect to any evaluation-- 7,a7 of any program that relates to a grant awarded to the entity2 and 7,b7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#d7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the entity is awarded under the ,program2 7#e7 submit to the ,assistant ,secretary any reports that may be necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under the ,program2 and 7#f7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under the ,program4 7g7 ,deobligation or termination of grant ,in addition to other authority under applicable law1 the ,assistant ,secretary may-- 7#a7 deobligate or terminate a grant awarded to an entity under this section if1 after notice to the entity and opportunity for a hearing1 the ,assistant ,secretary-- 7,a7 presents to the entity a rationale and supporting information that clearly demonstrates that-- 7i7 the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection 7c72 and 7ii7 the entity is not upholding assurances made by the entity to the ,assistant ,secretary under subsection 7f72 and 7,b7 determines that the grant is no longer necessary to achieve the original purpose for which ,assistant ,secretary awarded the grant2 and 7#b7 with respect to any grant funds that the ,assistant ,secretary deobligates or terminates under paragraph 7#a71 competitively award the grant funds to another applicant1 consistent with the requirements of this section4 7h7 ,reporting and information requirements2 internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which the ,assistant ,secretary awards a grant under the ,program to1 for each year during the period described in subsection 7d77#b77;,d7 with respect to the grant1 submit to the ,assistant ,secretary a report1 in a format specified by the ,assistant ,secretary1 regarding-- 7i7 the amount of the grant2 7ii7 the use by the entity of the grant amounts2 and 7iii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 7,b7 establish mechanisms to ensure appropriate use of1 and compliance with respect to all terms regarding1 grant funds awarded under the ,program2 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 a list of each entity that has applied for a grant under the ,program2 7ii7 a description of each application described in clause 7i71 including the proposed purpose of each grant described in that clause2 7iii7 the status of each application described in clause 7i71 including whether the ,assistant ,secretary has awarded a grant with respect to the application and1 if so1 the amount of the grant2 7iv7 each report submitted by an entity under subparagraph 7,a72 and 7v7 any other information that is sufficient to allow the public to understand and monitor grants awarded under the ,program2 and 7,d7 ensure that any entity with respect to which an award is deobligated or terminated under subsection 7g7 may1 in a timely manner1 appeal or otherwise challenge that deobligation or termination1 as applicable2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under the ,program4 7i7 ,supplement not supplant ,a grant awarded to an entity under the ,program shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to the entity to carry out activities described in this section4 7j7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section2 7,c7 developing the report required under section #eadf7;a72 and 7,d7 conducting outreach to entities that may be eligible to be awarded a grant under the ,program regarding opportunities to apply for such a grant2 7#b7 #e percent to award grants to1 or enter into contracts or cooperative agreements with1 ,indian ,tribes1 ,alaska ,native entities1 and ,native ,hawaiian organizations to allow those tribes1 entities1 and organizations to carry out the activities described in this section2 and 7#c7 #a percent to award grants to1 or enter into contracts or cooperative agreements with1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states that is not a ,state to enable those entities to carry out the activities described in this section4 7k7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #bej1jjj1jjj for each of the first #e fiscal years in which funds are made available to carry out this section2 and 7#b7 such sums as may be necessary for each fiscal year after the end of the #e-;fiscal year period described in paragraph 7#a74 #eadf4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination 7a7 ,reporting requirements 7#a7 ,in general ,not later than #a year after the date on which the ,assistant ,secretary begins awarding grants under section #eadd7;d77#a71 and annually thereafter1 the ,assistant ,secretary shall-- 7,a7 submit to the appropriate committees of ,congress a report that documents1 for the year covered by the report-- 7i7 the findings of each evaluation conducted under subparagraph 7,b72 7ii7 a list of each grant awarded under each covered program1 which shall include-- 7,i7 the amount of each such grant2 7,,ii7 the recipient of each such grant2 and 7,,iii7 the purpose for which each such grant was awarded2 7iii7 any deobligation1 termination1 or modification of a grant awarded under the covered programs1 which shall include a description of the subsequent usage of any funds to which such an action applies2 and 7iv7 each challenge made by an applicant for1 or a recipient of1 a grant under the covered programs and the outcome of each such challenge2 and 7,b7 conduct evaluations of the activities carried out under the covered programs1 which shall include an evaluation of-- 7i7 whether eligible ,states to which grants are awarded under the program established under section #eadd are-- 7,i7 abiding by the assurances made by those ,states under subsection 7e7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of the ,digital ,equity ,plans developed by the ,states under subsection 7c7 of that section2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those ,states under subsection 7g7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program2 and 7ii7 whether entities to which grants are awarded under the program established under section #eade are-- 7,i7 abiding by the assurances made by those entities under subsection 7f7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of those entities with respect to the use of the grant amounts2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those ,states under subsection 7h7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program4 7#b7 ,public availability ,the ,assistant ,secretary shall make each report submitted under paragraph 7#a77;,a7 publicly available in an online format that-- 7,a7 facilitates access and ease of use2 7,b7 is searchable2 and 7,c7 is accessible-- 7i7 to individuals with disabilities2 and 7ii7 in languages other than ,english4 7b7 ,authority ,to contract and enter into other arrangements ,the ,assistant ,secretary may award grants and enter into contracts1 cooperative agreements1 and other arrangements with ,federal agencies1 public and private organizations1 and other entities with expertise that the ,assistant ,secretary determines appropriate in order to-- 7#a7 evaluate the impact and efficacy of activities supported by grants awarded under the covered programs2 and 7#b7 develop1 catalog1 disseminate1 and promote the exchange of best practices1 both with respect to and independent of the covered programs1 in order to achieve digital equity4 7c7 ,consultation and public engagement ,in carrying out subsection 7a71 and to further the objectives described in paragraphs 7#a7 and 7#b7 of subsection 7b71 the ,assistant ,secretary shall conduct ongoing collaboration and consult with-- 7#a7 the ,secretary of ,agriculture2 7#b7 the ,secretary of ,housing and ,urban ,development2 7#c7 the ,secretary of ,education2 7#d7 the ,secretary of ,labor2 7#e7 the ,secretary of ,health and ,human ,services2 7#f7 the ,secretary of ,veterans ,affairs2 7#g7 the ,secretary of the ,interior2 7#h7 the ,commission2 7#i7 the ,federal ,trade ,commission2 7#aj7 the ,director of the ,institute of ,museum and ,library ,services2 7#aa7 the ,administrator of the ,small ,business ,administration2 7#ab7 the ,federal ,co-,chair of the ,appalachian ,regional ,commission2 7#ac7 ,state agencies and governors of ,states 7or equivalent officials72 7#ad7 entities serving as administering entities for ,states under section #eadd7;b72 7#ae7 national1 ,state1 ,tribal1 and local organizations that provide digital inclusion1 digital equity1 or digital literacy services2 7#af7 researchers1 academics1 and philanthropic organizations2 and 7#ag7 other agencies1 organizations 7including international organizations71 entities 7including entities with expertise in the fields of data collection1 analysis and modeling1 and evaluation71 and community stakeholders1 as determined appropriate by the ,assistant ,secretary4 7d7 ,technical support and assistance ,the ,assistant ,secretary shall provide technical support and assistance1 assistance to entities to prepare the applications of those entities with respect to grants awarded under the covered programs1 and other resources1 to the extent practicable1 to ensure consistency in data reporting and to meet the objectives of this section4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section1 which shall remain available until expended4 #eadg4 ,general provisions 7a7 ,nondiscrimination 7#a7 ,in general ,no individual in the ,united ,states may1 on the basis of actual or perceived race1 color1 religion1 national origin1 sex1 gender identity1 sexual orientation1 age1 or disability1 be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available under this chapter4 7#b7 ,enforcement ,the ,assistant ,secretary shall effectuate paragraph 7#a7 with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a74 7#c7 ,judicial review ,judicial review of an action taken by the ,assistant ,secretary under paragraph 7#b7 shall be available to the extent provided in section #fjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#b74 7b7 ,technological neutrality ,the ,assistant ,secretary shall1 to the extent practicable1 carry out this chapter in a technologically neutral manner4 7c7 ,audit and oversight ,beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this chapter1 and in each of the #d fiscal years thereafter1 there is authorized to be appropriated to the ,office of ,inspector ,general for the ,department of ,commerce #a1jjj1jjj for audits and oversight of funds made available to carry out this chapter1 which shall remain available until expended4 ,b ,affordable housing and community investments and restoring fair housing protections #ebja4 ,affordable housing and community investments and restoring fair housing protections 7a7 ,definitions ,in this section3 7#a7 ,consolidated plan ,the term consolidated plan means a comprehensive housing affordability strategy and community development plan required under part #ia of title #bd1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,department ,the term ,department means the ,department of ,housing and ,urban ,development4 7#c7 ,high-poverty area ,the term high-poverty area means a census tract with a poverty rate of not less than #bj percent for the duration of the #e-year period ending on the date of enactment of this ,act4 7#d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7#e7 ,public housing2 public housing agency ,the terms public housing and public housing agency have the meanings given those terms in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#g7 ,tribally designated housing entity ,the term tribally designated housing entity has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7b7 ,investments in affordable housing1 fair housing1 and community development 7#a7 ,community development block grant program 7,a7 ,appropriations 7i7 ,in general ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1jjj for assistance under the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq471 to remain available until ,september #cj1 #bjbd4 7ii7 ,limitations ,not more than #ae percent of any amounts made available pursuant to clause 7i7 may be used by a grantee for administrative and planning costs1 except that up to an additional #e percent may be used to-- 7,i7 support local initiatives1 policies1 programs1 and ordinances that support the creation of housing affordable to households with incomes at or below #hj percent of area median income1 as defined by the ,secretary1 throughout the jurisdiction served by the grantee2 or 7,,ii7 support the community engagement and outreach activities required under subparagraph 7,e74 7iii7 ,technical assistance ,of the amounts appropriated under clause 7i71 #be1jjj1jjj shall be used for technical assistance to grantees of funds made available under this paragraph to-- 7,i7 support-- 7aa7 the development of displacement prevention plans under subparagraph 7,c7 and coordination plans under subparagraph 7,d72 and 7bb7 the community engagement and outreach activities required under subparagraph 7,e72 and 7,,ii7 perform fair housing planning4 7,b7 ,activities dedicated to high-poverty areas 7i7 ,in general ,activities funded from amounts made available under this paragraph shall be conducted in1 or for the benefit of residents of and businesses located in-- 7,i7 a high-poverty area2 or 7,,ii7 a sub-area within a high-poverty area that also has a poverty rate of not less than #bj percent4 7ii7 ,exception for affordable housing ,housing activities funded from amounts made available under this paragraph to create1 acquire1 or renovate housing affordable to households with incomes at or below #hj percent of area median income1 as defined by the ,secretary1 may be conducted in or for the benefit of those households throughout the jurisdiction4 7,c7 ,displacement prevention plan ,each grantee of funds made available under this paragraph shall develop a plan1 to be included within the amended consolidated plan of the grantee1 to prevent displacement of existing residents and businesses1 which shall-- 7i7 provide an analysis of whether new investments from funds made available under this paragraph or other factors related to these investments would lead to the displacement of existing homeowners1 renters1 or businesses in high-poverty areas or areas adjacent to high-poverty areas2 and 7ii7 outline strategies that the grantee will implement to monitor and to prevent the displacement described in clause 7i7 and to ensure the future availability of housing affordable to low- and moderate-income households in investment areas4 7,d7 ,coordination with other federal funds and grantees ,each grantee of funds made available under this paragraph shall develop a plan1 to be included within the amended consolidated plan of the grantee1 that shall discuss how the grantee plans to coordinate the expenditures of the grantee under this paragraph with-- 7i7 any other grant funds the grantee will receive under this ,act2 7ii7 any other ,federal grants or other assistance available to the grantee that could be used to further the purposes of this section2 7iii7 the efforts of other grantees operating within the jurisdiction of the grantee1 including technical assistance providers1 to further the purposes of this section2 and 7iv7 tax credits available to households under this section4 7,e7 ,enhanced community engagement and section #c outreach 7i7 ,in general ,in developing the required amendment to the consolidated plan of a grantee describing the use of funds by a grantee under this paragraph1 the grantee shall conduct additional outreach to solicit comment from-- 7,i7 organizations with experience in fair housing2 7,,ii7 organizations with experience in affordable housing2 7,,iii7 organizations providing services for persons with disabilities2 7,,iv7 homelessness service organizations2 7,v7 housing counseling organizations2 7,,vi7 organizations providing culturally competent services for underserved populations or populations with limited ,english proficiency2 and 7,,vii7 residents of and small businesses in high-poverty areas in the jurisdiction served by the grantee4 7ii7 ,section #c ,each grantee of funds made available under this paragraph shall conduct outreach to residents of public housing and other persons eligible to participate in the job training and employment opportunities provided under section #c of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjau7 and relevant community organizations representing and working with those persons to enhance awareness of job training and employment opportunities provided under that section that may become available due to activities funded under this paragraph4 7,f7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing and infrastructure investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the investments are located4 7,g7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7#b7 ,technical assistance 7,a7 ,in general ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 for housing and community development technical assistance to assist communities and community-based organizations to ensure the timely and effective deployment of funds made available under this subsection and promote equitable community development1 including-- 7i7 #dj1jjj1jjj for the second1 third1 and fourth capacity building activities authorized under section #d7;a7 of the ,,hud ,demonstration ,act of #aiic 7#db ,u4,s4,c4 #ihaf note71 of which not less than #e1jjj1jjj shall be made available for rural capacity building activities2 7ii7 #aj1jjj1jjj for capacity building by national rural housing organizations with experience assessing national rural conditions and providing financing1 training1 technical assistance1 information1 and research to local nonprofit organizations1 local governments1 and ,indian ,tribes serving high-need rural communities2 7iii7 #aj1jjj1jjj for the ,self-,help ,homeownership ,opportunity ,program authorized under section #aa of the ,housing ,opportunity ,program ,extension ,act of #aiif 7#db ,u4,s4,c4 #abhje note72 7iv7 #aj1jjj1jjj for fair housing education and outreach initiative grants2 and 7v7 #cj1jjj1jjj for the ,neighborhood ,reinvestment ,corporation 7in this subsection referred to as the ,corporation7 established under the ,neighborhood ,reinvestment ,corporation ,act 7#db ,u4,s4,c4 #haja et seq47 for housing counseling services4 7,b7 ,disbursement of ,corporation funds 7i7 ,priority ,not less than #dj percent of amounts described in subparagraph 7,a77v7 shall be provided to counseling organizations that target counseling services to minority and low-income homeowners1 renters1 individuals experiencing homelessness1 and individuals at risk of homelessness or provide such services in neighborhoods with high concentrations of minority and low-income homeowners1 renters1 individuals experiencing homelessness1 and individuals at risk of homelessness4 7ii7 ,disbursement 7,i7 ,in general ,the ,corporation shall disburse all grant funds described in subparagraph 7,a77v7 as expeditiously as possible1 through grants to housing counseling intermediaries approved by the ,department of ,housing and ,urban ,development1 ,state housing finance agencies1 and ,neighbor,works organizations4 7,,ii7 ,limitation ,the aggregate amount provided to ,neighbor,works organizations under this subsection shall not exceed #ae percent of the total grant funds made available pursuant to this paragraph4 7#c7 ,public housing capital fund 7,a7 ,appropriations ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1jjj for the ,capital ,fund under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d771 to remain available until ,september #cj1 #bjbd4 7,b7 ,requirements ,the ,secretary shall-- 7i7 not later than #cj days after the date of enactment of this ,act1 distribute not less than #gj percent of amounts appropriated under subparagraph 7,a7 under the same formula used for amounts made available for the ,capital ,fund for fiscal year #bjbj1 except that the ,secretary may determine not to allocate funding to public housing agencies that are designated as troubled at the time of such determination or to public housing agencies that elect not to accept such funding1 or both1 and provided that public housing agencies prioritize-- 7,i7 urgent health and safety concerns1 including lead hazards1 carbon monoxide1 radon1 and other issues2 7,,ii7 work items in the existing #e-year capital plan of the public housing agency2 7,,iii7 energy efficiency2 and 7,,iv7 the renovation of vacant units2 and 7ii7 not later than #bgj days after the date of enactment of this ,act1 make available all remaining amounts under this paragraph by competition for priority investments1 including investments that address-- 7,i7 lead hazards1 carbon monoxide1 radon1 and other urgent health and safety concerns2 7,,ii7 energy efficiency and resilience2 7,,iii7 the renovation of vacant units2 and 7,,iv7 such other priorities as the ,secretary may identify4 7,c7 ,limitation ,amounts made available under this paragraph may not be used for operating costs under section #i7;d7 of the ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77 other than costs related to the provision of broadband internet access within public housing properties4 7,d7 ,section #c outreach ,each grantee of funds made available under this paragraph shall conduct outreach to residents of public housing and other persons eligible to participate in the job training and employment opportunities provided under section #c of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjau7 and relevant community organizations representing and working with those persons to enhance awareness of job training and employment opportunities provided under that section that may become available due to activities funded under this paragraph4 7,e7 ,monitoring of troubled public housing agencies ,with respect to any public housing agency that is designated as troubled at the time that amounts appropriated pursuant to this paragraph are obligated for the public housing agency1 the ,secretary shall provide additional monitoring and oversight of the public housing agency to ensure that any amounts provided are used in accordance with this paragraph and any applicable laws1 including fair housing laws4 7,f7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the housing is located4 7,g7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7#d7 ,choice neighborhoods initiative grants 7,a7 ,appropriations 7i7 ,in general ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 for grants provided under the terms provided under the heading ,choice ,neighborhoods ,initiative of title ,,ii of the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 of which not less than #fej1jjj1jjj shall be awarded to public housing agencies and of which not more than #bj1jjj1jjj may be awarded for grants to undertake comprehensive local planning efforts in consultation with residents and the community4 7ii7 ,priority to prior year finalists ,in making awards using funds made available under this paragraph1 the ,secretary-- 7,i7 shall prioritize applicants that were designated as finalists in fiscal year #bjah1 #bjai1 or #bjbj in ,choice ,neighborhoods ,implementation ,grant competitions but have not yet received an award in subsequent grant rounds2 and 7,,ii7 may establish a streamlined application process for the applicants described in subclause 7,i7 that is designed to ensure that previous finalist plans remain viable and have been the subject of a recent public hearing1 in addition to such other information the ,secretary may require4 7,b7 ,section #c outreach ,each grantee of funds made available under this paragraph shall conduct outreach to residents of public housing and other persons eligible to participate in the job training and employment opportunities provided under section #c of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjau7 and relevant community organizations representing and working with those persons to enhance awareness of job training and employment opportunities provided under that section that may become available due to activities funded under this paragraph4 7,c7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the housing is located4 7,d7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7#e7 ,native american housing and community development grants 7,a7 ,appropriations ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj to remain available until ,september #cj1 #bjbd1 for ,native ,american1 ,alaska ,native1 and ,native ,hawaiian housing and community development activities1 of which-- 7i7 #ifj1jjj1jjj shall be available to carry out the ,native ,american housing block grant program under title ,i of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daaa et seq472 7ii7 #aj1jjj1jjj shall be available for providing training and technical assistance to ,indian ,tribes1 ,indian housing authorities1 and tribally designated housing entities to support activities under this title2 7iii7 #cj1jjj1jjj shall be available to carry out the ,native ,hawaiian housing block grant program under title ,,viii of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba et seq472 and 7iv7 #ejj1jjj1jjj shall be available for grants to ,indian ,tribes for carrying out the ,indian community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq471 notwithstanding section #ajf7;a77#a7 of such ,act 7#db ,u4,s4,c4 #ecjf7;a77#a774 7,b7 ,requirements ,the ,secretary shall-- 7i7 not later than #cj days after the date of enactment of this ,act1 distribute not less than #ej percent of amounts appropriated under clause 7i7 of subparagraph 7,a7 under the same formula used for amounts made available for the program described in that subparagraph for fiscal year #bjbj1 except that the ,secretary may determine not to allocate funding to tribally designated housing entities that elect not to accept such funding2 and 7ii7 not later than #bgj days after the date of enactment of this ,act1 make available all remaining amounts under this paragraph by competition for priority investments1 including urgent health and safety concerns1 and such other priorities as the ,secretary may identify4 7,c7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing and infrastructure investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the investments are located4 7,d7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7#f7 ,home ,investment ,partnerships ,program 7,a7 ,appropriations ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj for carrying out the ,,home ,investment ,partnerships ,program under title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgba et seq471 to remain available until ,september #cj1 #bjbd4 7,b7 ,section #c outreach ,each grantee of funds made available under this paragraph shall conduct outreach to residents of public housing and other persons eligible to participate in the job training and employment opportunities provided under section #c of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjau7 and relevant community organizations representing and working with those persons to enhance awareness of job training and employment opportunities provided under that section that may become available due to activities funded under this paragraph4 7,c7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the housing is located4 7,d7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7#g7 ,housing trust fund 7,a7 ,appropriations ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 for the ,housing ,trust ,fund under section #acch of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defh7 #d1jjj1jjj1jjj1 to remain available until expended4 7,b7 ,section #c outreach ,each grantee of funds made available under this paragraph shall conduct outreach to residents of public housing and other persons eligible to participate in the job training and employment opportunities provided under section #c of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjau7 and relevant community organizations representing and working with those persons to enhance awareness of job training and employment opportunities provided under that section that may become available due to activities funded under this paragraph4 7,c7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the housing is located4 7,d7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7#h7 ,capital magnet fund 7,a7 ,appropriations ,there is appropriated to the ,secretary of the ,treasury1 out of amounts in the ,treasury not otherwise appropriated1 for the ,capital ,magnet ,fund under section #acci of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defi7 #a1djj1jjj1jjj1 to remain available until expended4 7,b7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing and infrastructure investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the investments are located4 7,c7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary of the ,treasury for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7#i7 ,removal of lead hazards and promoting healthy housing 7,a7 ,appropriations ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #f1jjj1jjj1jjj for lead hazard control and healthy housing1 to remain available until ,september #cj1 #bjbd1 of which-- 7i7 #b1ejj1jjj1jjj shall be for the lead hazard reduction program1 as authorized by section #ajaa of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dheb72 7ii7 #a1ejj1jjj1jjj shall be for grants pursuant to section #ajaa of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dheb71 which shall be provided to areas with the highest lead-based paint abatement needs2 and 7iii7 #b1jjj1jjj1jjj shall be for the ,healthy ,homes ,initiative1 pursuant to sections #eja and #ejb of the ,housing and ,urban ,development ,act of #aigj 7#ab ,u4,s4,c4 #agjaz-#a1 #agjaz-#b71 which shall include research1 studies1 testing1 and demonstration efforts1 including education and outreach concerning developing best practices relating to lead-based paint poisoning and other housing related diseases and hazards4 7,b7 ,demonstration grants ,of amounts made available under subparagraph 7,a71 the ,secretary may utilize up to #ejj1jjj1jjj for demonstration projects designed to develop or test best practices with regard to the provision of healthy housing1 including-- 7i7 eliminating lead-paint hazards in high-risk geographic areas and households with children at high risk of lead paint poisoning2 7ii7 community-wide strategies to eliminate lead hazards in housing2 7iii7 in coordination with local water systems and the ,administrator of the ,environmental ,protection ,agency1 eliminating lead services lines in federally assisted housing or housing owned or rented by low-income households2 7iv7 programs to coordinate lead and health hazard removal with weatherization1 energy efficiency1 or ventilation improvement programs or strategies2 7v7 lead hazard and healthy housing workforce development1 including in rural communities2 and 7vi7 other demonstrations as identified by the ,secretary4 7#aj7 ,rural multifamily preservation and revitalization demonstration program 7,a7 ,appropriations ,there is appropriated to the ,secretary of ,agriculture1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 for carrying out the ,multifamily ,preservation and ,revitalization ,demonstration program of the ,rural ,housing ,service authorized under sections #ead1 #eae1 and #eaf of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhe1 #adhf71 to remain available until ,september #cj1 #bjbd4 7,b7 ,energy efficiency and resilience ,each grantee of funds made available under this paragraph shall-- 7i7 ensure that housing renovation and new construction activities funded under this paragraph create or improve water and energy efficiency of the applicable housing and1 at the discretion of the ,secretary of ,agriculture1 utilize other strategies to reduce emissions and energy costs2 and 7ii7 ensure that housing investments incorporate features necessary to create or improve resilience to natural disasters1 or man-made disasters exacerbated by extreme weather conditions1 as applicable to the area in which the housing is located4 7,c7 ,oversight and administration ,of the funds made available under this paragraph1 not more than #j4e percent shall be available to the ,secretary of ,agriculture for staffing1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation activities4 7c7 ,repeal of faircloth amendment ,section #i7;g7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7g77 is amended by striking paragraph 7#c74 7d7 ,restoring fair housing protections 7#a7 ,affirmatively furthering fair housing 7,a7 ,public information and transparency 7i7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall reestablish and publish in a publicly accessible manner on the website of the ,department the ,affirmatively ,furthering ,fair ,housing ,data and ,mapping ,tool 7,,affh-,t71 which was previously available on the website of the ,department4 7ii7 ,updates ,in reestablishing and publishing the tool described in clause 7i71 the ,secretary shall update the tool for the most recent data available1 and subsequently update the tool not less frequently than annually4 7,b7 ,repeal of regulation ,the final rule issued by the ,department entitled ,preserving ,community and ,neighborhood ,choice 7#he ,fed4 ,reg4 #dghii 7,august #g1 #bjbj77 shall have no force or effect4 7,c7 ,assessment tools 7i7 ,local governments ,the ,secretary shall-- 7,i7 not later than #cj days after the date of enactment of this ,act1 publish in the ,federal ,register a notice for public comment relating to establishing a fair housing assessment tool for use by local governments2 and 7,,ii7 not later than #aej days after the date of enactment of this ,act1 publish on the website of the ,department and make available to local governments a final fair housing assessment tool4 7ii7 ,public housing agencies ,the ,secretary shall-- 7,i7 not later than #ij days after the date of enactment of this ,act1 publish in the ,federal ,register a notice for public comment relating to establishing a fair housing assessment tool for use by public housing agencies2 and 7,,ii7 not later than #ahj days after the date of enactment of this ,act1 publish on the website of the ,department and make available to public housing agencies a final fair housing assessment tool4 7iii7 ,state governments ,the ,secretary shall-- 7,i7 not later than #abj days after the date of enactment of this ,act1 publish in the ,federal ,register a notice for public comment relating to establishing a fair housing assessment tool for use by ,state governments2 and 7,,ii7 not later than #baj days after the date of enactment of this ,act1 publish on the website of the ,department and make available to ,state governments a final fair housing assessment tool4 7#b7 ,repeal of disparate impact regulation ,the final rule issued by the ,department entitled ,,hud's ,implementation of the ,fair ,housing ,act's ,disparate ,impact ,standard 7#he ,fed4 ,reg4 #fjbhh 7,september #bd1 #bjbj77 shall have no force or effect4 7#c7 ,repeal of ,,occ ,community ,reinvestment ,act regulation ,the final rule issued by the ,office of the ,comptroller of the ,currency entitled ,community ,reinvestment ,act ,regulations 7#he ,fed4 ,reg4 #cdgcd 7,june #e1 #bjbj77 shall have no force or effect4 7e7 ,financial institutions 7#a7 ,in general ,all persons shall be entitled to the full and equal enjoyment of the goods1 services1 facilities1 privileges1 and accommodations of any financial institution1 as defined in section #hjc of the ,payment1 ,clearing1 and ,settlement ,supervision ,act of #bjaj 7#ab ,u4,s4,c4 #edfb71 without discrimination on the ground of race1 color1 religion1 national origin1 and sex 7including sexual orientation and gender identity74 7#b7 ,private right of action 7,a7 ,in general ,whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by paragraph 7#a71 a civil action for preventive relief1 including an application for a permanent or temporary injunction1 restraining order1 or other order1 may be instituted by the person aggrieved4 7,b7 ,costs ,in any action commenced pursuant to this subsection1 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee as part of the costs1 and the ,united ,states shall be liable for costs the same as a private person4 7,c7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction of proceedings instituted pursuant to this subsection and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law4 7,d7 ,exclusive means ,the remedies provided in this subsection shall be the exclusive means of enforcing the rights based on this subsection1 but nothing in this section shall preclude any individual or any ,state or local agency from asserting any right based on any other ,federal or ,state law not inconsistent with this subsection1 including any statute or ordinance requiring nondiscrimination in goods1 services1 facilities1 privileges1 and accommodations of any financial institution1 or from pursuing any remedy1 civil or criminal1 which may be available for the vindication or enforcement of such right4 ,c ,school1 library1 and institution infrastructure #a ,school infrastructure #ecja4 ,definitions ,in this chapter3 7#a7 ,,esea terms ,the terms elementary school1 other staff1 outlying area1 secondary school1 specialized instructional support personnel1 and ,state educational agency have the meanings given to those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,bureau-funded school ,the term ,bureau-funded school has the meaning given to that term in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba74 7#c7 ,covered funds ,the term covered funds means funds received by a ,state or qualified local educational agency under this chapter4 7#d7 ,high-need school ,the term high-need school has the meaning given to that term in section #bjj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba74 7#e7 ,indian tribe ,the term ,indian ,tribe has the meaning given to that term1 without regard to capitalization1 in section #d of the ,indian ,self-,determination and ,education ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,local educational agency ,the term local educational agency has the meaning given to that term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7 except that such term does not include a ,bureau-funded school4 7#g7 ,operations and maintenance of school facilities ,the term operations and maintenance of school facilities means annual activities related to keeping-- 7,a7 school buildings operational1 safe for use1 and free from health and safety hazards2 or 7,b7 school grounds1 school buildings1 and school equipment in an effective working condition4 7#h7 ,public school facilities ,the term public school facilities means the facilities of a public elementary school or a public secondary school1 including outdoor facilities and grounds4 7#i7 ,qualified local educational agency ,the term qualified local educational agency means a local educational agency that-- 7,a7 receives funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq472 7,b7 is among the local educational agencies in the ,state with the highest numbers or percentages of students counted under section #aabd7;c7 of such ,act 7#bj ,u4,s4,c4 #fccc7;c772 7,c7 agrees to prioritize the improvement of the facilities of high-need schools2 and 7,d7 may be among the local educational agencies in the ,state-- 7i7 where the conditions of such agency's public school facilities disrupt the learning environment and put students1 families1 educators1 and other staff at health and safety risk1 such as due to proximity to toxic sites 7including point sources of pollution1 environmental degradation1 or brownfield sites7 or the vulnerability of such facilities to natural disasters2 or 7ii7 with the most limited capacity to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of-- 7,i7 the current and historic ability of such agency to secure funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,,ii7 whether such agency has been able to issue bonds or receive other funds 7such as developer impact fees or access to private financing7 to support school construction projects2 7,,iii7 the bond rating of such agency2 or 7,,iv7 the burden of debt carried by such agency4 7#aj7 ,school facilities capital outlay projects ,the term school facilities capital outlay projects means the planning1 design1 construction1 renovation1 repair1 management1 and financing of school facilities projects with a life expectancy of at least #aj years4 ,school facilities capital outlay projects do not include operations and maintenance of school facilities4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#ab7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#ac7 ,state school facilities agency ,the term ,state school facilities agency means the ,state educational agency or other public agency designated by the ,state educational agency with the responsibility for administering the program under section #ecjc7;d7 and for supporting school facilities capital outlay projects4 7#ad7 ,tribal organization ,the term ,tribal organization has the meaning given that term1 without regard to capitalization1 in section #d of the ,indian ,self-,determination and ,education ,act 7#be ,u4,s4,c4 #ecjd74 7#ae7 ,zero energy school ,the term zero energy school means a public elementary school or public secondary school that-- 7,a7 generates renewable energy on-site2 and 7,b7 on an annual basis1 exports an amount of such renewable energy that equals or exceeds the total amount of renewable energy that is delivered to the school from outside sources4 #ecjb4 ,development of data standards 7a7 ,data standards ,not later than #abj days after the date of the enactment of this chapter1 the ,secretary1 in consultation with the ,federal officials described in subsection 7b71 shall-- 7#a7 identify the data that ,state school facilities agencies and the ,bureau of ,indian ,education should collect and include in the databases required to be developed under subparagraphs 7,a77i77,,ii7 and 7,b7 of section #ecjc7;c77#b72 7#b7 develop standards for the comparability of such data2 and 7#c7 issue guidance to ,state school facilities agencies and local educational agencies concerning the definitions1 collection1 comparability1 and sharing of such data4 7b7 ,officials ,the officials described in this subsection are-- 7#a7 the ,administrator of the ,environmental ,protection ,agency2 7#b7 the ,secretary of ,energy2 7#c7 the ,director of the ,centers for ,disease ,control and ,prevention2 7#d7 the ,secretary of the ,interior2 7#e7 the ,administrator of the ,federal ,emergency ,management ,agency2 and 7#f7 the ,director of the ,national ,institute for ,occupational ,safety and ,health4 #ecjc4 ,grants for the long-term improvement of public school facilities 7a7 ,purpose ,covered funds shall be for supporting long-term improvements to public school facilities in accordance with this chapter4 7b7 ,reservation for outlying areas and bureau-,funded schools 7#a7 ,in general ,for each of fiscal years #bjba through #bjbc1 the ,secretary shall reserve1 from the amount appropriated to carry out this chapter-- 7,a7 in consultation with the ,secretary of the ,interior1 one-half of #a percent to provide assistance to the outlying areas2 and 7,b7 one and one-half percent for payments to the ,secretary of the ,interior to provide assistance to ,bureau-funded schools4 7#b7 ,use of reserved funds 7,a7 ,special rules for outlying areas 7i7 ,applicability ,funds reserved under paragraph 7#a77;,a7 shall be used in accordance with sections #ecjd through #ecjh4 7ii7 ,allocation to outlying areas ,from the amount reserved under paragraph 7#a77;,a7 for a fiscal year1 the ,secretary1 in consultation with the ,secretary of the ,interior1 shall allocate to each outlying area an amount in proportion to the amount received by the outlying area under part ,a of title ,i of the ,elementary and ,secondary ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the previous fiscal year1 relative to the total such amount received by all outlying areas for such previous fiscal year4 7,b7 ,special rules for bureau-funded schools 7i7 ,consultation 7,i7 ,in general ,not later than #ij days after receiving funds under paragraph 7#a77;,b71 the ,secretary of the ,interior shall initiate a consultation with ,indian ,tribes to determine whether assistance provided to ,bureau-funded schools under paragraph 7#a77;,b7 shall be administered-- 7aa7 in accordance with requirements specified in this chapter 7under which1 the ,secretary of the ,interior would operate under the same requirements set forth for ,states under this chapter1 and ,bureau-funded schools would operate under the same requirements as qualified local educational agencies72 or 7bb7 through existing infrastructure programs administered by the ,secretary of the ,interior4 7,,ii7 ,flexibility ,if the outcome of this consultation is to operate a program in accordance with this chapter1 as described in subclause 7,i77aa71 the ,secretary of the ,interior shall have the authority1 in further consultation with officials from ,indian ,tribes and ,tribal organizations to determine which requirements under this chapter shall apply4 7,,iii7 ,consultation requirements ,consultation described under this clause shall be carried out in a manner and at a time that provides the opportunity for appropriate officials from ,indian ,tribes or ,tribal organizations to meaningfully and substantively contribute to decisionmaking described in this clause4 7ii7 ,treatment of tribally operated schools ,the ,secretary of the ,interior shall provide assistance to ,bureau-funded schools under paragraph 7#a77;,b7 without regard to whether such schools are operated under a contract under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 a grant under the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq471 or directly by the ,federal government4 7iii7 ,bureau-funded schools facilities inventory ,in accordance with the guidance issued by the ,secretary under section #ecjb1 not later than #ahj days after receiving an allocation under paragraph 7#a77;,b71 the ,secretary of the ,interior shall develop and operate an online1 publicly searchable database that contains an inventory of the infrastructure of all ,bureau-funded school facilities1 in accordance with the requirements described in subsection 7c77#b77;,b74 ,the ,secretary of the ,interior shall update such database not less frequently than once every #b years4 7iv7 ,no matching requirement ,notwithstanding subsection 7c77#d77;,a7 or any other provision of law1 the ,secretary of the ,interior shall not require ,bureau-funded schools receiving funds under paragraph 7#a77;,b7 to provide matching funds or a non-,federal share toward the cost of the activities carried out with those funds4 7#c7 ,timing requirement ,by not later than #ij days after the date of enactment of an ,act appropriating or otherwise making available amounts to carry out this chapter1 the ,secretary shall make the allocations required under paragraph 7#a74 7c7 ,allocation to ,states 7#a7 ,allocation of funding ,from the funds appropriated under section #ebji for any fiscal year and remaining after the ,secretary makes reservations under subsection 7b71 the ,secretary shall allot to each ,state that has a plan approved by the ,secretary under paragraph 7#c71 an amount that is the same proportion as each ,state received under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the preceding fiscal year4 7#b7 ,state reservation 7,a7 ,in ,general ,a ,state shall reserve not more than #e percent of its allocation under paragraph 7#a7 to carry out the ,state's school facilities agency's responsibilities under this ,act1 which-- 7i7 shall include-- 7,i7 providing technical assistance to local educational agencies1 including by-- 7aa7 identifying which ,state and local public agencies have programs1 resources1 and expertise relevant to the activities supported by the allocation under this section2 and 7bb7 coordinating the provision of technical assistance across such agencies2 7,,ii7 in accordance with the guidance issued by the ,secretary under section #ecjb and the requirements under subparagraph 7,b71 developing and operating an online1 publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the ,state2 7,,iii7 issuing or reviewing standards1 regulations1 or plans to ensure safe1 healthy1 and high-performing school buildings that address-- 7aa7 indoor air quality and ventilation issues1 including exposure to airborne pathogens1 carbon monoxide1 carbon dioxide1 lead-based paint1 and other combustion by products such as oxides of nitrogen2 7bb7 mold1 mildew1 and moisture control2 7cc7 the safety of drinking water at the tap and water used for meal preparation1 including the presence of lead and other contaminants in such water and the results and frequency of regular testing of the potability of water at the tap2 7dd7 energy and water efficiency2 7ee7 excessive classroom noise related to projects supported under this chapter2 7ff7 exposure to toxic substances1 including mercury1 radon1 ,p,c,bs1 lead1 vapor intrusions1 and asbestos2 and 7gg7 the emergency preparedness of public school facilities to efficiently serve as a community shelter during a natural or man-made disaster or emergency2 and 7,,iv7 designating an ombudsman to monitor public school facilities in the ,state1 respond to complaints regarding health and safety conditions in such facilities from the public1 and address health and safety hazards 7in coordination with local and ,state agency officials71 in accordance with applicable ,federal1 ,state1 ,tribal1 and local health and safety requirements2 and 7ii7 may include the development of a plan to increase the number of zero energy schools in the ,state4 7,b7 ,inventory of all public school facilities in the ,state 7i7 ,contents ,the ,state school facilities agency's database required under subparagraph 7,a77i77,,ii7 that contains an inventory of the infrastructure of all public school facilities in the ,state shall include-- 7,i7 each local educational agency's expenditures on school facilities capital outlay projects 7defined as the sum of the local educational agency's total expenditures on school facilities capital outlay projects and any direct expenditures and funds provided by the ,state to such agency for the purpose of school facilities capital outlay projects71 in total and disaggregated by each school facility2 7,,ii7 with respect to each such facility1 an identification of-- 7aa7 the size of each individual school building and the age of each such building within each such facility2 7bb7 the enrollment capacity of the school operating in each such facility2 7cc7 the annual operating expenditures by the corresponding local educational agency on operations and maintenance of school facilities for each such facility2 7dd7 the extent to which each such facility has been retrofitted or improved to mitigate natural disasters or emergencies1 including pandemics1 seismic natural disasters1 forest fires1 hurricanes1 flooding1 tornados1 tsunamis1 mud slides1 and pandemics2 7ee7 information regarding any previous inspections showing the presence of toxic substances2 7ff7 the emergency preparedness of each such facility-- 7,,aa7 to efficiently serve as a community shelter during a natural or man-made disaster or emergency1 taking into consideration the facility's design1 construction1 and location features1 including communication and related equipment and supply levels1 in accordance with ,federal1 ,state1 and local requirements2 and 7,,bb7 including any improvement to support indoor and outdoor social distancing and implementation of public health protocols 7including with respect to ,,hvac usage and ventilation in schools1 consistent with the guidance issued by ,federal agencies1 including the ,centers for ,disease ,control and ,prevention72 7gg7 an inventory of space within each such facility1 including the number of classrooms1 room capacity1 square footage1 and classification by building function2 and 7hh7 information regarding internet access in such facility1 including the presence of high-speed broadband1 ,wi-,fi1 and connectivity speed4 7ii7 ,frequency of updates ,a ,state school facilities agency shall update the database required under this subparagraph and subparagraph 7,a77i77,,ii7 not less frequently than once every #c years4 7iii7 ,public accessibility ,a ,state school facilities agency shall ensure that the information in the database required under this subparagraph and subparagraph 7,a77i77,,ii7-- 7,i7 is publicly posted on an easily accessible part of the website of the ,state school facilities agency2 and 7,,ii7 is regularly distributed to local educational agencies and ,indian ,tribes in the ,state4 7#c7 ,state plan 7,a7 ,in general ,to be eligible to receive an allocation under this section1 a ,state school facilities agency shall submit a plan to the ,secretary at such time1 in such manner1 and including such other information as the ,secretary may require1 including at a minimum-- 7i7 a description of how the ,state school facilities agency will use the allocation provided under paragraph 7#a7 to make long-term improvements to public school facilities in the ,state1 including the improvement of such facilities operated by qualified local educational agencies in the ,state2 7ii7 a description of how the ,state school facilities agency will carry out each of its responsibilities under subclauses 7,i7 through 7,,iv7 of paragraph 7#b77;,a77i72 7iii7 an assurance that the ,state shall contribute1 from non-,federal sources1 an amount equal to #aj percent of the amount of the allocation received under paragraph 7#a7 to carry out the activities supported by the allocation2 7iv7 a description of how the ,state school facilities agency will identify qualified local educational agencies and make the determination under subsection 7d77#c72 7v7 a description of the ,state's strategy to address the construction1 renovation1 modernization1 and major repair needs of public school facilities1 including-- 7,i7 the total ,state expenditures for school facilities capital outlay projects1 as described in paragraph 7#d77;,b77iii71 in the fiscal year preceding the year for which the ,state receives an allocation under paragraph 7#a72 and 7,,ii7 how long1 and at what levels1 the ,state will maintain fiscal effort for the activities supported by such allocation after the ,state no longer receives such allocation2 7vi7 a description of the methodology the ,state school facilities agency will use to determine to which qualified local educational agencies to award subgrants1 in accordance with subparagraphs 7#b7 and 7#c7 of subsection 7d71 including-- 7,i7 the ,state school facilities agency's criteria for reviewing the quality of the public school facilities projects proposed in applications submitted under subsection 7d72 and 7,,ii7 how the ,state school facilities agency will consider the impact that such projects will have on-- 7aa7 racial and socioeconomic housing segregation2 and 7bb7 student diversity and racial and socioeconomic isolation of students attending any current 7as of the time of submission of the plan7 or future public school facilities supported by such projects4 7,b7 ,approval and disapproval 7i7 ,in general ,the ,secretary shall have the authority to approve or disapprove a ,state plan submitted under subparagraph 7,a74 7ii7 ,administration ,if the ,secretary disapproves of a ,state plan submitted under subparagraph 7,a71 the ,secretary shall-- 7,i7 immediately notify the ,state school facilities agency of such determination and the reasons for such determination2 7,,ii7 offer the ,state school facilities agency the opportunity to revise its ,state plan2 7,,iii7 provide technical assistance in order to assist the ,state school facilities agency in meeting the requirements under this chapter2 and 7,,iv7 provide the ,state school facilities agency the opportunity for a hearing4 7#d7 ,conditions ,as a condition of receiving an allocation under paragraph 7#a71 a ,state shall agree to the following3 7,a7 ,matching requirement ,the ,state shall contribute1 from non-,federal sources1 an amount equal to #aj percent of the amount of the allocation received under paragraph 7#a7 to carry out activities supported by the allocation1 in accordance with section #ecjd4 7,b7 ,commitment to proportional ,state investment in school facilities 7i7 ,in ,general ,the ,state shall provide an assurance to the ,secretary that for each fiscal year that the ,state receives an allocation under this section1 the ,state's share of school facilities capital outlay in the fiscal year preceding the fiscal year for which an allocation is received will be not less than #ij percent of the average of the ,state's share of school facilities capital outlay for the #e years preceding the fiscal year for which the allocation is received4 7ii7 ,state's share of school facilities capital outlay ,in this subparagraph1 the term ,state's share of school facilities capital outlay means-- 7,i7 the total ,state expenditures on school facilities capital outlay projects2 divided by 7,,ii7 the total school facilities capital expenditures in the ,state on school facilities capital outlay projects4 7iii7 ,total ,state expenditures ,in this subparagraph1 the term total ,state expenditures means the ,state's total expenditures on school facilities capital outlay projects1 including-- 7,i7 any direct expenditures by the ,state for the purpose of school facilities capital outlay projects2 and 7,,ii7 funds provided by the ,state to local educational agencies for the purpose of school facilities capital outlay projects4 7iv7 ,total school facilities capital expenditures in the ,state ,in this subparagraph1 the term total school facilities capital expenditures in the ,state1 means the sum of-- 7,i7 all expenditures on school facilities capital outlay projects by all local educational agencies in the ,state1 including any funds provided by the ,state to a local educational agency in the ,state for school facilities capital outlay projects2 plus 7,,ii7 any direct expenditures made by the ,state for school facilities capital outlay projects4 7,c7 ,supplement not supplant ,the ,state shall use an allocation received under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in absence of such allocation1 be made available for school facilities capital outlay projects1 and not to supplant such funds4 7d7 ,need-,based subgrants to qualified local educational agencies 7#a7 ,subgrants to local educational agencies 7,a7 ,in general ,subject to subparagraph 7,b71 from the amounts allocated to a ,state under subsection 7c77#a7 and contributed by the ,state under subsection 7c77#d77;,a71 the ,state school facilities agency shall award subgrants to qualified local educational agencies1 on a competitive basis1 to carry out the activities described section #ecjd4 7,b7 ,allowance for digital learning ,a ,state school facilities agency may use not more than #aj percent of the amount described in subparagraph 7,a7 to make subgrants to qualified local educational agencies to enable those qualified local educational agencies to carry out activities to improve digital learning in accordance with section #ecjd7;b74 7#b7 ,geographic distribution ,each ,state school facilities agency receiving an allocation under subsection 7c77#a7 shall ensure that subgrants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the ,state1 by awarding subgrants to qualified local educational agencies in urban1 suburban1 and rural areas of the ,state4 7#c7 ,priority of subgrants ,in awarding subgrants under this section to qualified local educational agencies1 the ,state school facilities agency-- 7,a7 shall give priority to qualified local educational agencies-- 7i7 that demonstrate the greatest need for such a grant by being in the highest quartile of qualified local educational agencies in a ranking of all qualified local educational agencies in the ,state1 ranked in descending order by the percentage of students who are enrolled in a school served by the agency and are counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 7ii7 that operate public school facilities which disrupt the learning environment and pose a health and safety risk to students1 families1 educators1 and other staff1 such as due to proximity to toxic sites 7including point sources of pollution1 environmental degradation1 or brownfield sites7 or the vulnerability of such facilities to natural disasters2 or 7iii7 that have the most limited capacity to raise funds for the long-term improvement such agency's public school facilities1 as determined by an assessment of-- 7,i7 the current and historic ability of such agency to secure funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,,ii7 whether the agency has been able to issue bonds or receive other funds1 such as developer impact fees or access to private financing1 to support school construction projects2 7,,iii7 the bond rating of the agency2 and 7,,iv7 the burden of debt carried by the local educational agency2 7,b7 with respect to subgrants awarded for fiscal year #bjba1 shall give priority to qualified local educational agencies described in subparagraph 7,a7 that propose projects in their application that support-- 7i7 indoor and outdoor social distancing2 and 7ii7 the implementation of public health protocols 7including with respect to ,,hvac usage and ventilation in schools1 consistent with the guidance issued by ,federal1 ,state1 ,tribal1 and local public health agencies1 including the ,centers for ,disease ,control and ,prevention72 and 7,c7 may give priority to qualified local educational agencies that-- 7i7 will use the subgrant to improve access to high-speed broadband sufficient to support digital learning in accordance with section #ecjd7;b7 and serve elementary schools or secondary schools1 including rural schools1 that lack such access2 or 7ii7 will use the subgrant to fund projects that are aligned with such agency's policies or plan-- 7,i7 to increase diversity and decrease racial or socioeconomic isolation of its student body in its public school facilities2 and 7,,ii7 that have the intended outcomes of shifting student enrollment policies to create more racially and socioeconomically diverse schools4 7#d7 ,application ,to be considered for a subgrant under this section1 a qualified local educational agency shall submit an application to the ,state school facilities agency at such time1 in such manner1 and containing such information as such agency may require4 ,such application shall include1 at minimum-- 7,a7 the information necessary for the ,state school facilities agency to make the determinations under paragraphs 7#b7 and 7#c71 including-- 7i7 a description of how the qualified local educational agency will use covered funds to prioritize the improvement of the facilities of high-need schools2 7ii7 information regarding the qualified local educational agency's capacity to raise funds for the long-term improvement of its public school facilities1 including information regarding-- 7,i7 the current and historic ability of the agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,,ii7 whether the agency has been able to issue bonds or receive other funds to support school construction projects2 7,,iii7 the bond rating of the agency2 and 7,,iv7 the level of debt carried by the agency2 and 7iii7 data regarding the numbers and percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcc7;c77 served by the agency1 and the rates of racial and socioeconomic isolation among students in such agency's public school facilities2 and 7,b7 a description of the projects that the agency plans to carry out with the subgrant1 in accordance with section #ecjd1 including-- 7i7 the rationale the agency used to determine such projects1 including how the agency-- 7,i7 engaged students1 families1 and local communities in making such determinations2 and 7,,ii7 took into consideration elements described in paragraph 7#e77;,b7 in making such determinations2 7ii7 a description of how the agency took into consideration the impacts that such projects may have on student enrollment levels and racial and socioeconomic diversity of students1 as described in paragraph 7#e77;,b77v72 7,c7 a description of how the projects proposed in subparagraph 7,b7 will reduce risks to the health and safety of staff and students at schools served by the agency1 including with respect to the conditions described in paragraph 7#e77;,b77iii72 and 7,d7 in the case of a qualified local educational agency 7including a public charter school that is a local educational agency under ,state law7 that proposes to fund a repair1 renovation1 or construction project for a public charter school1 as defined by ,state law1 a description indicating-- 7i7 the extent to which the public charter school lacks access to funding for school repair1 renovation1 and construction through the financing methods available to other public schools1 including public charter schools1 or local educational agencies in the ,state2 and 7ii7 that the charter school operator-- 7,i7 owns the facility that is to be repaired1 renovated1 or constructed2 or 7,,ii7 has care and control of such facility for not less than #aj years4 7#e7 ,facilities master plan 7,a7 ,plan required ,not later than #ahj days after receiving a subgrant under this section1 a qualified local educational agency shall submit to the ,state school facilities agency a comprehensive facilities master plan that covers not less than #c years4 7,b7 ,elements ,the facilities master plan required under subparagraph 7,a7 shall include1 with respect to all public school facilities of the qualified local educational agency1 a description of-- 7i7 the extent to which public school facilities meet students' educational needs and support the agency's educational mission and vision2 7ii7 the physical condition of each individual public school facility operated by the qualified local educational agency2 7iii7 the current health1 safety1 and environmental conditions of each individual public school facility operated by the qualified local educational agency1 including-- 7,i7 indoor air quality and ventilation2 7,,ii7 the presence of toxic substances2 7,,iii7 the safety of drinking water at the tap and water used for meal preparation1 including the level of lead and other contaminants in such water2 7,,iv7 energy and water efficiency2 7,v7 classroom acoustics2 and 7,,vi7 other health1 safety1 and environmental conditions that would impact the health1 safety1 and learning environment of students2 7iv7 how the qualified local educational agency will address any conditions identified under clause 7iii71 including with projects supported by subgrant funds2 7v7 the impact of current and future student enrollment levels 7as of the date of application7 on the design of current and future public school facilities operated by the qualified local educational agency1 including-- 7,i7 the financial implications of such enrollment levels2 and 7,,ii7 the impact that such enrollment levels will have on the racial and socioeconomic school diversity of students attending any current or future public school facilities operated by the local educational agency2 7vi7 the dollar amount and percentage of funds the qualified local educational agency will dedicate to capital construction projects for public school facilities in each fiscal year1 including-- 7,i7 any funds in the budget of the agency that will be dedicated to such projects2 and 7,,ii7 any funds not in the budget of the agency that will be dedicated to such projects1 including-- 7aa7 any funds available to the agency as the result of a bond issue2 or 7bb7 capital campaigns1 if such agency is a public charter school4 7,c7 ,consultation ,in developing the facilities master plan required under subparagraph 7,a71 the qualified local educational agency shall consult with students and families1 educators1 principals1 other school leaders1 paraprofessionals1 specialized instructional support personnel1 custodial and maintenance staff1 emergency first responders1 school facilities directors1 community residents1 ,indian ,tribes and ,tribal organizations if such qualified local educational agency is required to consult with ,indian ,tribes or ,tribal organizations under section #hech of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #giah71 advocacy and civil rights organizations1 and the public4 7,d7 ,educational service agencies ,in the event that the qualified local educational agency is an educational service agency1 the requirements of this paragraph shall apply only to the public school facilities of the local educational agencies where such agency intends to support projects with subgrant funds4 7#f7 ,supplement not supplant ,a qualified local educational agency shall use a subgrant received under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in the absence of such subgrant1 be made available for school facilities capital outlay projects and for the operations and maintenance of school facilities1 and not to supplant such funds4 #ecjd4 ,uses of funds 7a7 ,in general ,subject to section #ecje1 a qualified local educational agency that receives a subgrant under section #ecjc7;d7 shall use the funds to carry out one or more of the following3 7#a7 ,developing1 maintaining1 and updating as necessary the facilities master plan required under section #ecjc7;d77#e74 7#b7 ,renovating1 retrofitting1 modernizing1 or constructing public school facilities1 which may include-- 7,a7 improvements to public school facilities to improve the safety and health of students and staff directly related to reducing the risk of community spread of ,,covid-#ai1 such as-- 7i7 facility repairs1 improvements1 or other system upgrades to support implementation of public health protocols1 such as repair1 replacement1 and installation of sinks for hand washing1 appropriate spaces for health screening1 adequate school nurses' spaces1 health isolation areas1 and storage and disposal of personal protective equipment2 and 7ii7 projects designed to reduce ,,covid-#ai transmission and exposure to environmental health hazards and to support student health needs1 including-- 7,i7 improvements to indoor air quality in schools or school surfaces to enable effective ventilation and sanitation2 7,,ii7 improvements to outdoor areas for outdoor instruction and activities2 and 7,,iii7 physical barriers to mitigate the spread of ,,covid-#ai2 and 7,b7 improvements to mitigate natural disasters or emergencies1 including seismic natural disasters1 forest fires1 hurricanes1 flooding1 tornados1 tsunamis1 mud slides1 and pandemics4 7#c7 ,carrying out major repairs of public school facilities4 7#d7 ,purchasing or installing furniture or fixtures with at least a #aj-year life in public school facilities4 7#e7 ,constructing new public school facilities to replace school facilities or respond to increases in student enrollment4 7#f7 ,acquiring and preparing sites on which new public school facilities will be constructed4 7#g7 ,ensuring current or anticipated student enrollment does not exceed the physical and instructional capacity of public school facilities4 7#h7 ,ensuring the building envelopes and interiors of public school facilities protect occupants and interiors from natural elements and are structurally sounds and secure4 7#i7 ,improving energy and water efficiency to lower the costs of energy and water consumption in public school facilities4 7#aj7 ,improving indoor air quality and ventilation in public school facilities1 including mechanical and non-mechanical heating1 ventilation1 and air conditioning systems1 filtering and other air cleaning1 fans1 control systems1 and window and door repair and replacement4 7#aa7 ,reducing or eliminating the presence of-- 7,a7 toxic substances1 including mercury1 radon1 ,p,c,bs1 lead1 and asbestos2 7,b7 mold and mildew2 or 7,c7 rodents and pests4 7#ab7 ,ensuring the safety of drinking water at the tap and water used for meal preparation in public school facilities1 which may include testing of the potability of water at the tap for the presence of lead and other contaminants4 7#ac7 ,bringing public school facilities into compliance with applicable fire1 health1 and safety codes4 7#ad7 ,making public school facilities accessible to people with disabilities1 including by ensuring compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#ae7 ,providing instructional program space improvements 7including through the construction of outdoor instructional space7 for programs relating to early learning 7including early learning programs operated by partners of the agency71 special education1 science1 technology1 career and technical education1 physical education1 the arts1 and literacy 7including library programs74 7#af7 ,increasing the use of public school facilities for the purpose of community-based partnerships that provide students with academic1 behavioral health1 mental health1 substance use disorder1 and social services4 7#ag7 ,ensuring the health and safety of students and staff during the construction or modernization of public school facilities4 7#ah7 ,investing in specialized academic facilities1 including investments designed to encourage inter-district school attendance patterns1 in order to increase student diversity and decrease racial or socioeconomic isolation4 7#ai7 ,reducing or eliminating excessive classroom noise due to activities allowable under this section4 7b7 ,allowance for digital learning ,a qualified local educational agency may use covered funds received under section #ecjc7;d77#a7 to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning4 #ecje4 ,rule of construction 7a7 ,restriction ,a qualified local educational agency that receives covered funds shall not use such funds for-- 7#a7 payment of routine and predictable maintenance costs and minor repairs2 7#b7 any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public2 7#c7 vehicles2 or 7#d7 district central offices1 operation centers1 or other facilities that are not primarily used to educate students4 7b7 ,for-,profit charter schools ,no covered funds may be used for the facilities of a public charter school that is operated by a for-profit entity4 7c7 ,conflicts of interest and charter schools ,no covered funds may be used for the facilities of a public charter school if-- 7#a7 the school leases the facilities from an individual or private sector entity2 and 7#b7 such individual1 or an individual with a direct or indirect financial interest in such entity1 has a management or governance role in such school4 #ecjf4 ,green practices 7a7 ,in general ,in a given fiscal year1 a qualified local educational agency that uses covered funds for a new construction project shall use not less than the applicable percentage 7as described in subsection 7b77 of the funds used for such project for construction or renovation that is certified1 verified1 or consistent with the applicable provisions of-- 7#a7 the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design green building rating standard 7commonly known as the ,,leed ,green ,building ,rating ,system72 7#b7 the ,living ,building ,challenge developed by the ,international ,living ,future ,institute2 7#c7 a green building rating program developed by the ,collaborative for ,high-,performance ,schools 7commonly known as ,,chps7 that is ,,chps-verified2 or 7#d7 a program that-- 7,a7 has standards that are equivalent to or more stringent than the standards of a program described in paragraphs 7#a7 through 7#c72 7,b7 is adopted by the ,state or another jurisdiction with authority over the agency2 and 7,c7 includes a verifiable method to demonstrate compliance with such program4 7b7 ,applicable percentage ,the applicable percentage described in this subsection is-- 7#a7 for fiscal year #bjba1 #fj percent2 7#b7 for fiscal year #bjbb1 #gj percent2 and 7#c7 for fiscal year #bjbc2 #hj percent4 #ecjg4 ,use of ,american iron1 steel1 and manufactured products 7a7 ,in general ,a qualified local educational agency that receives covered funds shall ensure that any iron1 steel1 and manufactured products used in projects carried out with such funds are produced in the ,united ,states4 7b7 ,waiver authority 7#a7 ,in general ,the ,secretary may waive the requirement of subsection 7a7 if the ,secretary determines that-- 7,a7 iron1 steel1 and manufactured products produced in the ,united ,states are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality2 or 7,b7 using iron1 steel1 and manufactured products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7#b7 ,publication ,before issuing a waiver under paragraph 7#a71 the ,secretary shall publish in the ,federal ,register a detailed written explanation of the waiver determination4 7c7 ,consistency with international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 7d7 ,definitions ,in this section3 7#a7 ,produced in the united states ,the term produced in the ,united ,states means the following3 7,a7 ,when used with respect to a manufactured product1 the product was manufactured in the ,united ,states and the cost of the components of such product that were mined1 produced1 or manufactured in the ,united ,states exceeds #fj percent of the total cost of all components of the product4 7,b7 ,when used with respect to iron or steel products1 or an individual component of a manufactured product1 all manufacturing processes for such iron or steel products or components1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states1 except that the term does not include-- 7i7 steel or iron material or products manufactured abroad from semi-finished steel or iron from the ,united ,states2 and 7ii7 steel or iron material or products manufactured in the ,united ,states from semi-finished steel or iron of foreign origin4 7#b7 ,manufactured product ,the term manufactured product means any construction material or end product 7as such terms are defined in part #be4jjc of the ,federal ,acquisition ,regulations7 that is not an iron or steel product1 including-- 7,a7 electrical components2 and 7,b7 non-ferrous building materials1 including1 aluminum and polyvinylchloride 7,,pvc71 glass1 fiber optics1 plastic1 wood1 masonry1 rubber1 manufactured stone1 any other non-ferrous metals1 and any unmanufactured construction material4 #ecjh4 ,annual report on grant program 7a7 ,in general ,not later than one year after the date of the enactment of this chapter1 and annually thereafter until funds under this chapter have been expended1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report on the projects carried out with covered funds4 7b7 ,elements ,the report under subsection 7a7 shall include1 with respect to the fiscal year preceding the year in which the report is submitted1 the following3 7#a7 ,an identification of each qualified local educational agency that received a subgrant under this chapter1 including the grant amount received for each such agency4 7#b7 ,with respect to each such agency1 a description of-- 7,a7 the demographic composition of the student population served by the agency1 disaggregated by-- 7i7 race2 7ii7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 the number and percentage of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,b7 the population density of the geographic area served by the agency2 7,c7 the projects for which the agency used the subgrant received under this chapter1 including-- 7i7 the type of each such project2 7ii7 the public school facility deficiencies that each such project eliminated or reduced2 7iii7 the ,state1 local1 and private share of funding for the projects over and above the ,federal share1 if any2 and 7iv7 the individual demographic composition of the student population enrolled in schools impacted by each such project1 disaggregated by-- 7,i7 race2 and 7,,ii7 the number and percentage of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,d7 the factors used by the ,state school facilities agency to determine that such agency lacked capacity to finance school facilities capital outlay projects without ,federal assistance2 and 7,e7 the estimated number of jobs created by projects supported by covered funds in each qualified local educational agency4 7#c7 ,the total dollar amount of all subgrants received by local educational agencies under this chapter4 7#d7 ,an assessment of the student diversity and the racial and socioeconomic school isolation of schools served by projects carried out by the qualified local educational agency with covered funds1 including any progress made by local educational agencies to improve racial and socioeconomic diversity in such schools4 7c7 ,outlying areas report ,not later than one year after the date of the enactment of this chapter1 and annually thereafter until grant funds have been expended1 the ,secretary of the ,interior shall submit to the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report on the projects carried out with funds described in section #ecjc7;b77#a77;,a7 in outlying areas4 7d7 ,bureau of ,indian ,education report ,not later than one year after the date of the enactment of this chapter1 and annually thereafter until grant funds have been expended1 the ,secretary of the ,interior shall submit to the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate1 the ,committee on ,indian ,affairs of the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the projects carried out with funds described in section #ecjc7;b77#a77;,b7 for ,bureau-funded schools4 7e7 ,,lea information collection 7#a7 ,in general ,not later than one year after the date of the enactment of this chapter1 and annually thereafter until grant funds have been expended1 each qualified local educational agency that receives covered funds shall annually-- 7,a7 compile the information described in subsection 7b77#b72 and 7,b7 prepare a description of each project supported by covered funds in accordance with subsection 7b77#b77;,c71 including the amount of covered funding spent on each project for planning1 design1 construction1 management1 and financing1 as applicable4 7#b7 ,report and posting of information ,each qualified local educational agency shall submit the information described in paragraph 7#a7 to the ,state school facilities agency and shall make the information available to the public1 including by posting the information on a publicly accessible agency website4 7f7 ,state information distribution ,a ,state school facilities agency that receives information from a local educational agency under subsection 7e7 shall-- 7#a7 compile the information and report it annually to the ,secretary at such time and in such manner as the ,secretary may require2 7#b7 submit to the ,secretary a description of the activities supported under the ,state reservation of funds1 in accordance with section #ecjc7;c77#b72 7#c7 make the information described in paragraphs 7#a7 and 7#b7 available to the public1 including by posting the information on a publicly accessible ,state website2 and 7#d7 regularly distribute such information to local educational agencies and ,indian ,tribes in the ,state4 #ecji4 ,appropriations ,there are appropriated to the ,secretary of ,education1 out of amounts in the ,treasury not otherwise appropriated1 #aa1fbf1haj1jjj for fiscal year #bjba1 #aa1fbf1haj1jjj for fiscal year #bjbb1 and #aa1fbf1haj1jjj for fiscal year #bjbc1 to carry out this chapter1 to remain available until expended4 #ecaj4 ,appropriations for impact aid construction ,there are appropriated to the ,secretary of ,education1 out of amounts in the ,treasury not otherwise appropriated1 #ah1gef1gfe for fiscal year #bjba1 #ej1djf1jjj for fiscal year #bjbb1 and #ej1djf1jjj for fiscal year #bjbc for ,impact ,aid construction payments1 in accordance with section #gjjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjg74 ,all terms and conditions that apply to grants under such section #gjjg shall apply to grants made with funds made available under this section4 #b ,library infrastructure #ecba4 ,definitions ,in this chapter3 7#a7 ,director ,the term ,director has the meaning given the term in section #bjb of the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iaja74 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #bjb of the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iaja74 7#c7 ,library ,the term library has the meaning given the term in section #bac of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iabb74 7#d7 ,state ,the term ,state has the meaning given the term in section #bac of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iabb74 7#e7 ,state library administrative agency ,the term ,state library administrative agency has the meaning given the term in section #bac of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iabb74 #ecbb4 ,build ,america's ,libraries ,fund 7a7 ,establishment ,from the amount appropriated under section #ecbf1 there is established a ,build ,america's ,libraries ,fund for the purpose of supporting long-term improvements to library facilities in accordance with this chapter4 7b7 ,reservations ,from the amount available in the ,build ,america's ,libraries ,fund1 the ,director shall reserve #c percent to award grants to ,indian ,tribes and to organizations that primarily serve and represent ,native ,hawaiians1 in the same manner as the ,director makes grants under section #bfa of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iafa7 to enable such ,indian ,tribes and organizations to carry out the activities described in paragraphs 7#a7 through 7#i7 of section #ecbc7;d74 #ecbc4 ,allocation to ,states 7a7 ,allocation to states 7#a7 ,state-by-state allocation 7,a7 ,in general ,from the amount available in the ,build ,america's ,libraries ,fund and not reserved under section #ecbb7;b71 each ,state that has a plan approved by the ,director under subsection 7b7 shall be allocated an amount in the same manner as the ,director makes allotments to ,states under section #bba7;b7 of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iaca7;b771 except that1 for purposes of this section1 the minimum allotment for each ,state shall be #aj1jjj1jjj1 except that the minimum allotment shall be #ejj1jjj in the case of the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 7,b7 ,reallocation of remaining funds 7i7 ,in general ,from the remainder of any amounts not reserved or allocated under subparagraph 7,a7 on the date that is #a year after the date of enactment of this ,act1 the ,director shall allocate to each ,state1 that has a plan approved by the ,director under subsection 7b71 an amount that bears the same relation to such remainder as the population of the ,state bears to the population of all ,states4 7ii7 ,data ,for the purposes of clause 7i71 the population of each ,state and of all the ,states shall be determined by the ,director on the basis of the most recent data available from the ,bureau of the ,census4 7#b7 ,state reservations ,a ,state shall reserve not more than #d percent of its allocation under paragraph 7#a7 for administrative costs and to provide technical assistance to libraries in the ,state4 7b7 ,state plan 7#a7 ,in general ,to be eligible to receive an allocation under this section1 a ,state library administrative agency shall submit to the ,director a plan that includes such information as the ,director may require1 including at a minimum-- 7,a7 a description of how the ,state will use the allocation to make long-term improvements to library facilities with a focus on underserved and marginalized communities2 7,b7 a description regarding how the ,state will carry out its responsibility to provide technical assistance under subsection 7a77#b72 7,c7 a description regarding how the ,state will make the determinations of eligibility and priority under subsections 7b7 and 7d7 of section #ecbd2 and 7,d7 a certification that the ,state has met the maintenance of effort requirements under section #bbc7;c7 of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iacc7;c77 and an assurance that the ,state shall meet the supplement not supplant requirement under subsection 7c74 7#b7 ,approval 7,a7 ,in general ,the ,director shall approve a ,state plan submitted under paragraph 7#a7 that meets the requirements of paragraph 7#a7 and provides satisfactory assurances that the provisions of such plan will be carried out4 7,b7 ,public availability ,each ,state library administrative agency receiving an allocation under this section shall make the ,state plan available to the public1 including through electronic means4 7,c7 ,administration ,if the ,director determines that the ,state plan does not meet the requirements of this section1 the ,director shall-- 7i7 immediately notify the ,state library administrative agency of such determination and the reasons for such determination2 7ii7 offer the ,state library administrative agency the opportunity to revise its ,state plan2 7iii7 provide technical assistance in order to assist the ,state library administrative agency in meeting the requirements of this section2 and 7iv7 provide the ,state library administrative agency the opportunity for a hearing4 7c7 ,supplement not supplant ,as a condition of receiving an allocation under this section1 a ,state shall agree to use an allocation under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in absence of such allocation1 be made available for the activities supported by the allocation1 and not to supplant such funds4 7d7 ,uses of funds ,each ,state receiving an allocation under this section shall use the funds for any one or more of the following3 7#a7 ,constructing1 renovating1 modernizing1 or retrofitting library facilities in the ,state1 which may include-- 7,a7 financing new library facilities2 7,b7 making capital improvements to existing library facilities1 including buildings1 facilities grounds1 and bookmobiles2 7,c7 enhancing library facilities to improve the overall safety and health of library patrons and staff1 including improvements directly related to reducing the risk of community spread of ,,covid-#ai2 and 7,d7 addressing the vulnerability of library facilities to natural disasters4 7#b7 ,investing in infrastructure projects related to improving internet access and connectivity in library facilities and for library patrons1 including projects related to high-speed broadband1 technology hardware1 and mobile hotspots and similar equipment4 7#c7 ,improving energy and water efficiency to lower the costs of energy and water consumption in library facilities4 7#d7 ,improving indoor air quality and ventilation in library facilities1 including mechanical and non-mechanical heating1 ventilation1 and air conditioning systems1 filtering and other air cleaning1 fans1 control systems1 and window and door repair and replacement4 7#e7 ,reducing or eliminating the presence in library facilities of potential hazards to library staff and patrons1 including-- 7,a7 toxic substances1 including mercury1 radon1 ,p,c,bs1 lead1 and asbestos2 or 7,b7 mold and mildew4 7#f7 ,ensuring the safety of drinking water at the tap in library facilities1 which may include testing of the potability of water at the tap for the presence of lead and other contaminants4 7#g7 ,making library facilities accessible to people with disabilities1 including by ensuring compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#h7 ,improving library facilities for the purposes of supporting place-based services or community-based partnerships that provide library patrons with access to educational1 workforce1 behavioral health1 mental health1 and social services4 7#i7 ,assessing the condition of existing library facilities and the need for new or improved library facilities and developing facilities master plans4 #ecbd4 ,need-based grants to libraries 7a7 ,grants to libraries ,from the amounts allocated to a ,state under section #ecbc7;a71 the ,state library administrative agency shall award grants to libraries1 on a competitive basis1 to carry out the activities described in paragraphs 7#a7 through 7#i7 of section #ecbc7;d74 7b7 ,eligibility ,to be eligible to receive a grant under this section1 a library shall be-- 7#a7 a public library2 7#b7 a tribal library2 or 7#c7 a ,state library or a ,state archive1 with respect to outlets and facilities that provide library service directly to the general public4 7c7 ,application ,a library described in subsection 7b7 that desires to receive a grant under this section shall submit an application to the ,state library administrative agency at such time1 in such manner1 and containing such information as the ,state library administrative agency may require1 including-- 7#a7 the information necessary for the ,state to make a determination of the library's eligibility for the grant and priority under subsection 7d72 and 7#b7 a description of the projects that the library plans to carry out with the grant1 in accordance with paragraphs 7#a7 through 7#i7 of section #ecbc7;d71 including-- 7,a7 the rationale the library used to select such project2 and 7,b7 a description of how the library took into consideration the impacts of such projects on underserved or marginalized communities1 including families with incomes below the poverty line 7as defined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b774 7d7 ,priority of grants ,in awarding grants under this section1 the ,state-- 7#a7 shall give first priority to eligible libraries that demonstrate the greatest need for such a grant in order to plan for1 and make long-term improvements to1 library facilities that predominantly provide service to underserved or marginalized communities1 including families with incomes below the poverty line 7as defined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b772 and 7#b7 may additionally give priority to eligible libraries that will use the grant to-- 7,a7 make health1 safety1 resiliency1 or emergency preparedness improvements to existing library facilities that pose a severe health or safety threat to library patrons or staff1 which may include a threat posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters2 7,b7 install or upgrade hardware that will improve access to high-speed broadband for library patrons of the library facilities2 7,c7 improve access to existing library facilities for library patrons or staff with disabilities2 or 7,d7 improve the energy efficiency of or reduce the carbon emissions or negative environmental impacts resulting from the existing library facilities4 7e7 ,supplement not supplant ,a library shall use a grant received under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in the absence of such grant1 be made available for the activities supported by the grant1 and not to supplant such funds4 #ecbe4 ,administration and oversight 7a7 ,no prohibition against construction ,section #baj;,a of the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iaji7 shall not apply to this chapter4 7b7 ,no matching requirement or nonfederal share ,notwithstanding any other provision of law1 a ,state1 ,indian ,tribe1 organization1 library1 or other entity that receives funds under this chapter shall not be required to provide matching funds or a non-,federal share toward the cost of the activities carried out with the funds4 7c7 ,supplement not supplant ,a ,state shall use an allocation received under section #ecbc only to supplement the level of ,federal1 ,state1 and local public funds that would1 in absence of such allocation1 be made available for the activities supported by the allocation1 and not to supplant such funds4 7d7 ,administrative costs ,from the amount appropriated under section #ecbf1 the ,director may allocate not more than #c percent of such amount for program administration1 oversight activities1 research1 analysis1 and data collection related to the purposes of the ,build ,america's ,libraries ,fund4 7e7 ,reports 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act and annually thereafter until all funds provided under this chapter have been expended1 the ,director shall issue reports to the ,committee on ,appropriations and the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,appropriations and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate detailing how funding under this chapter has been spent and its impact on improving library services in communities that are served1 including underserved and marginalized populations1 ,indian ,tribes1 and ,native ,hawaiian communities1 and shall make such reports publicly available on the website of the ,institute of ,museum and ,library ,services4 7#b7 ,state report ,a ,state that receives funds under this chapter shall1 not later than #a year after the date of enactment of this ,act1 and annually thereafter until all funds have been expended1 submit a report to the ,director at such time and in such manner as the ,director may require4 #ecbf4 ,appropriation of funds ,there is authorized to be appropriated1 and there is appropriated1 to carry out this chapter1 #e1jjj1jjj1jjj1 for the period of fiscal years #bjba through #bjbc1 to remain available until expended4 #c ,,hbcu1 ,,tcu1 and other minority-,serving institution infrastructure #ecca4 ,cancellation of debt under ,,hbcu capital financing program ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,education shall cancel the obligation of each eligible institution 7as defined in section #cdb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajff;a77 to repay the balance of interest and principal due on each loan made under part ,d of title ,,iii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajff et seq47 before the date of the enactment of this ,act4 #eccb4 ,additional appropriations for the ,,hbcu historic preservation program 7a7 ,in general 7#a7 ,amounts appropriated ,there is appropriated to the ,secretary of the ,interior1 out of amounts in the ,treasury not otherwise appropriated1 #bej1jjj1jjj for the period of fiscal years #bjba through #bjbc1 to provide additional allocations under section #ejg7;d77#b7 of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7#ed ,u4,s4,c4 #cjbaja note7 for the purpose of preserving and restoring over #gjj historic buildings and structures on the campuses of ,historically ,black ,colleges and ,universities on the ,national ,register of ,historic ,places4 7#b7 ,allocation of funds ,the ,secretary shall allocate amounts provided under paragraph 7#a7 to institutions in the same proportion as amounts are allocated under section #ejg7;d7 of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7#ed ,u4,s4,c4 #cjbaja note74 7b7 ,applicability of terms and conditions ,the terms and conditions that apply to grants under section #ejg of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7#ed ,u4,s4,c4 #cjbaja note7 shall apply to grants made under this section4 7c7 ,general provisions ,any amount appropriated under this section is in addition to other amounts appropriated or made available for the applicable purpose4 #eccc4 ,funding for construction of new facilities at ,t,c,us 7a7 ,in general ,section #aac of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahac7 is amended to read as follows3 #aac4 ,construction of new facilities 7a7 ,definitions ,in this section3 7#a7 ,construction ,the term construction includes any effort to address the facility construction1 maintenance1 renovation1 reconstruction1 and replacement needs of a ,tribal ,college or ,university4 7#b7 ,tribal ,college or ,university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b774 7b7 ,grants 7#a7 ,in general ,with respect to any eligible ,tribal ,college or ,university that identifies a need for construction1 the ,secretary shall1 subject to the availability of appropriations1 provide grants for that construction in accordance with this section4 7#b7 ,navajo ,tribe ,notwithstanding section #aad7;a71 the ,navajo ,tribe may receive grants under this section4 7c7 ,application ,each ,tribal ,college or ,university desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,eligible activities ,activities eligible for a grant under this section shall be activities that address a wide variety of facilities and infrastructure needs1 including-- 7#a7 building of new facilities1 including-- 7,a7 classrooms2 7,b7 administrative offices2 7,c7 libraries2 7,d7 health and cultural centers2 7,e7 day care centers2 7,f7 technology centers2 7,g7 housing for students1 faculty1 and staff2 and 7,h7 other education-related facilities2 7#b7 renovating or expanding existing or acquired facilities2 7#c7 providing new and existing facilities with equipment1 including-- 7,a7 laboratory equipment2 7,b7 computer infrastructure and equipment2 7,c7 broadband infrastructure and equipment2 7,d7 library books2 and 7,e7 furniture2 and 7#d7 property acquisition4 7e7 ,no matching requirement ,a recipient of a grant under this section shall not be required to make a matching contribution for ,federal amounts received4 4 7b7 ,miscellaneous provisions ,section #aad of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahad7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,navajo ,tribe ,except as provided in section #aac7;b77#b71 the ,navajo ,tribe shall not be eligible to participate under the provisions of this title4 4 7c7 ,appropriations ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj to the ,secretary of the ,interior for the period of fiscal years #bjba through #bjbc to provide grants under section #aac of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahac74 #eccd4 ,additional appropriations for ,h,b,c,us1 ,t,c,us1 and minority-serving institutions 7a7 ,in general 7#a7 ,amounts appropriated ,there is appropriated to the ,secretary of ,education1 out of amounts in the ,treasury not otherwise appropriated1 #g1jjj1jjj1jjj for the period of fiscal years #bjba through #bjbc1 to provide additional allocations under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7 for the purpose of addressing the facility1 equipment1 educational materials1 and funds and administrative management needs of ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and minority-serving institutions as described in paragraph 7#c74 7#b7 ,allocation of funds ,the ,secretary of ,education shall allocate amounts provided under paragraph 7#a7 to ,historically ,black ,colleges and ,universities 7within the meaning of the term part ,b institution under section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa771 ,hispanic-serving institutions1 ,tribal ,colleges and ,universities1 ,alaska ,native-serving institutions and ,native ,hawaiian-serving institutions1 ,predominantly ,black institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 and ,native ,american-serving nontribal institutions in the same proportion as amounts are allocated under section #cga7;b77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b774 7#c7 ,uses of funds ,notwithstanding any other provision of law1 amounts allocated under this section shall be made available as grants to be used only for any of the following uses3 7,a7 ,purchase1 rental1 or lease of scientific or laboratory equipment for educational purposes1 including instructional and research purposes4 7,b7 ,construction1 maintenance1 renovation1 and improvement in classroom1 library1 laboratory1 and other instructional facilities1 including purchase or rental of telecommunications technology equipment or services4 7,c7 ,purchase of library books1 periodicals1 microfilm1 and other educational materials1 including telecommunications program materials4 7,d7 ,funds and administrative management1 and acquisition of equipment for use in strengthening funds management4 7,e7 ,joint use of facilities1 such as laboratories and libraries4 7,f7 ,acquisition of real property in connection with the construction1 renovation1 or addition to or improvement of campus facilities4 7,g7 ,creating or improving facilities for ,internet or other distance education technologies1 including purchase or rental of telecommunications technology equipment or services4 7,h7 ,other activities approved by the ,secretary to address infrastructure needs4 7b7 ,applicability of terms and conditions ,except as specified in subsection 7a77#c71 the terms and conditions that apply to grants under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7 shall apply to grants made under this section4 7c7 ,general provisions ,any amount appropriated under this section is in addition to other amounts appropriated or made available for the applicable purpose4 #ecce4 ,study and report on the physical condition of ,h,b,c,us and ,t,c,us 7a7 ,study and report ,not less frequently than once in each #e-year period beginning after the date of enactment of this ,act1 the ,secretary of ,education1 acting through the ,director of the ,institute of ,education ,sciences1 and in consultation with the ,secretary of the ,interior1 shall-- 7#a7 carry out a comprehensive study of the physical conditions of all ,historically ,black ,colleges and ,universities 7within the meaning of the term part ,b institution under section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa77 and ,tribal ,colleges and ,universities 7as defined in section #caf of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c77 in the ,united ,states2 and 7#b7 submit a report that includes the results of the study to the ,committee on ,appropriations1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,energy and ,natural ,resources1 the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,appropriations1 the ,committee on ,education and ,labor1 the ,committee on ,natural ,resources1 the ,committee on ,agriculture1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7b7 ,elements ,each study and report under subsection 7a7 shall include an assessment of-- 7#a7 the impact of institutional facility conditions on student and staff health and safety2 7#b7 the impact of institutional facility conditions on student academic outcomes2 7#c7 the condition of institutional facilities1 set forth separately by geographic region2 and 7#d7 the accessibility of institutional facilities for students and staff with disabilities4 ,d ,environmental ,justice #a ,drinking water and clean water programs #edja4 ,sewer overflow and stormwater reuse municipal grants ,section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja7 is amended-- 7#a7 in subsection 7a77#a7 -- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 notification systems to inform the public of combined sewer or sanitary overflows that result in sewage being released into rivers and other waters2 and 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,there is and inserting ,there are2 7ii7 by striking the period at the end and inserting 2 and2 7iii7 by striking this section #bbe1jjj1jjj and inserting the following3 this section-- 7,a7 #bbe1jjj1jjj 2 and 7iv7 by adding at the end the following3 7,b7 #djj1jjj1jjj for each of fiscal years #bjba through #bjbc4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,to the extent and inserting the following3 7,a7 ,green infrastructure ,to the extent 2 and 7ii7 by adding at the end the following3 7,b7 ,rural allocation 7i7 ,definition of rural area ,in this subparagraph1 the term rural area means a city1 town1 or unincorporated area that has a population of not more than #aj1jjj inhabitants4 7ii7 ,allocation ,to the extent there are sufficient eligible project applications1 the ,administrator shall ensure that a ,state uses not less than #bj percent of the amount of the grants made to the ,state under subsection 7a7 in a fiscal year to carry out projects in rural areas for the purpose of planning1 design1 and construction of-- 7,i7 treatment works to intercept1 transport1 control1 treat1 or reuse municipal sewer overflows1 sanitary sewer overflows1 or stormwater2 or 7,,ii7 any other measures to manage1 reduce1 treat1 or recapture stormwater or subsurface drainage water eligible for assistance under section #fjc7;c74 4 #edjb4 ,clean water infrastructure resiliency and sustainability program ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 is amended by adding at the end the following3 #bbb4 ,clean water infrastructure resiliency and sustainability program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a municipality2 or 7,b7 an intermunicipal1 interstate1 or ,state agency4 7#b7 ,natural hazard ,the term natural hazard means a hazard caused by natural forces1 including extreme weather events1 sea-level rise1 and extreme drought conditions4 7#c7 ,program ,the term program means the clean water infrastructure resilience and sustainability program established under subsection 7b74 7b7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a clean water infrastructure resilience and sustainability program under which the ,administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard4 7c7 ,use of funds ,an eligible entity that receives a grant under the program shall use the grant funds for planning1 designing1 or constructing projects 7on a system-wide or area-wide basis and including upgrades and retrofits7 that increase the resilience of a publicly owned treatment works to a natural hazard through-- 7#a7 the conservation of water2 7#b7 the enhancement of water use efficiency2 7#c7 the enhancement of wastewater and stormwater management by increasing watershed preservation and protection1 including through the use of-- 7,a7 natural and engineered green infrastructure2 and 7,b7 reclamation and reuse of wastewater and stormwater1 such as aquifer recharge zones2 7#d7 the modification or relocation of an existing publicly owned treatment works that is at risk of being significantly impaired or damaged by a natural hazard2 7#e7 the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard2 or 7#f7 the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management1 treatment1 or conveyance of wastewater or stormwater4 7d7 ,application ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7#a7 a proposal of the project to be planned1 designed1 or constructed using funds under the program2 7#b7 an identification of the natural hazard risk to be addressed by the proposed project2 7#c7 documentation prepared by a ,federal1 ,state1 regional1 or local government agency of the natural hazard risk of the area where the proposed project is to be located2 7#d7 a description of any recent natural hazard events that have affected the publicly owned treatment works2 7#e7 a description of how the proposed project would improve the performance of the publicly owned treatment works under an anticipated natural hazard2 and 7#f7 an explanation of how the proposed project is expected to enhance the resilience of the publicly owned treatment works to an anticipated natural hazard4 7e7 ,grant amount and other federal requirements 7#a7 ,cost share ,except as provided in paragraph 7#b71 a grant under the program shall not exceed #ge percent of the total cost of the proposed project4 7#b7 ,exception 7,a7 ,in general ,except as provided in subparagraph 7,b71 a grant under the program shall not exceed #ij percent of the total cost of the proposed project if the project serves a community that-- 7i7 is disproportionately affected by toxic pollution2 and 7ii7 7,i7 has a population of fewer than #aj1jjj individuals2 or 7,,ii7 meets the affordability criteria established by the ,state in which the community is located under section #fjc7;i77#b74 7,b7 ,waiver ,at the discretion of the ,administrator1 a grant for a project described in subparagraph 7,a7 may cover #ajj percent of the total cost of the proposed project4 7#c7 ,requirements ,the requirements of section #fjh shall apply to a project funded with a grant under the program4 7f7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section-- 7,a7 #ccc1jjj1jjj for each of fiscal years #bjba and #bjbb2 and 7,b7 #ccd1jjj1jjj for fiscal year #bjbc4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #edjc4 ,grants for construction1 refurbishing1 and servicing of individual household decentralized wastewater systems for individuals with low or moderate income ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 7as amended by section #edjb7 is amended by adding at the end the following3 #bbc4 ,grants for construction1 refurbishing1 and servicing of individual household decentralized wastewater systems for individuals with low or moderate income 7a7 ,definition of eligible individual ,in this section1 the term eligible individual means a member of a low-income or moderate-income household1 the members of which have a combined income 7for the most recent #ab-month period for which information is available7 equal to not more than #ej percent of the median nonmetropolitan household income for the ,state or territory in which the household is located1 according to the most recent decennial census4 7b7 ,grant program 7#a7 ,in general ,subject to the availability of appropriations1 the ,administrator shall establish a program under which the ,administrator shall provide grants to private nonprofit organizations for the purpose of improving general welfare by providing assistance to eligible individuals-- 7,a7 for the construction1 repair1 or replacement of an individual household decentralized wastewater treatment system2 7,b7 if the eligible individual resides in a household that could be cost-effectively connected to an available publicly owned treatment works1 for the connection of the household of the eligible individual to the publicly owned treatment works2 or 7,c7 for the installation of a larger decentralized wastewater system designed to provide treatment for two or more households in which eligible individuals reside1 if-- 7i7 site conditions at the households are unsuitable for the installation of an individually owned decentralized wastewater system2 7ii7 multiple examples of unsuitable site conditions exist in close geographic proximity to each other2 and 7iii7 a larger decentralized wastewater system could be cost-effectively installed4 7#b7 ,application ,to be eligible to receive a grant under this subsection1 a private nonprofit organization shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator determines to be appropriate4 7#c7 ,priority ,in awarding grants under this subsection1 the ,administrator shall give priority to applicants that have substantial expertise and experience in promoting the safe and effective use of individual household decentralized wastewater systems4 7#d7 ,administrative expenses ,a private nonprofit organization may use amounts provided under this subsection to pay the administrative expenses associated with the provision of the services described in paragraph 7#a71 as the ,administrator determines to be appropriate4 7c7 ,assistance 7#a7 ,in general ,subject to paragraph 7#b71 a private nonprofit organization shall use a grant provided under subsection 7b7 for the services described in paragraph 7#a7 of that subsection4 7#b7 ,application ,to be eligible to receive the services described in subsection 7b77#a71 an eligible individual shall submit to the private nonprofit organization serving the area in which the individual household decentralized wastewater system of the eligible individuals is1 or is proposed to be1 located an application at such time1 in such manner1 and containing such information as the private nonprofit organization determines to be appropriate4 7#c7 ,priority ,in awarding assistance under this subsection1 a private nonprofit organization shall give priority to any eligible individual who does not have access to a sanitary sewage disposal system4 7d7 ,report ,not later than #b years after the date of enactment of this section1 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the recipients of grants under the program under this section and the results of the program under this section4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,administrator to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbc4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #edjd4 ,connection to publicly owned treatment works ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 7as amended by section #edjc7 is amended by adding at the end the following3 #bbd4 ,connection to publicly owned treatment works 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 an owner or operator of a publicly owned treatment works that assists or is seeking to assist low-income or moderate-income individuals with connecting the household of the individual to the publicly owned treatment works2 or 7,b7 a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with connecting the household of the individual to a publicly owned treatment works4 7#b7 ,program ,the term program means the competitive grant program established under subsection 7b74 7#c7 ,qualified individual ,the term qualified individual has the meaning given the term eligible individual in section #fjc7;j74 7b7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a competitive grant program with the purpose of improving general welfare1 under which the ,administrator awards grants to eligible entities to provide funds to assist qualified individuals in covering the costs incurred by the qualified individual in connecting the household of the qualified individual to a publicly owned treatment works4 7c7 ,application 7#a7 ,in general ,an eligible entity seeking a grant under the program shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may by regulation require4 7#b7 ,requirement ,not later than #ij days after the date on which the ,administrator receives an application from an eligible entity under paragraph 7#a71 the ,administrator shall notify the eligible entity of whether the ,administrator will award a grant to the eligible entity under the program4 7d7 ,selection criteria ,in selecting recipients of grants under the program1 the ,administrator shall use the following criteria3 7#a7 ,whether the eligible entity seeking a grant provides services to1 or works directly with1 qualified individuals4 7#b7 ,whether the eligible entity seeking a grant-- 7,a7 has an existing program to assist in covering the costs incurred in connecting a household to a publicly owned treatment works2 or 7,b7 seeks to create a program described in subparagraph 7,a74 7e7 ,requirements 7#a7 ,voluntary connection ,before providing funds to a qualified individual for the costs described in subsection 7b71 an eligible entity shall ensure that-- 7,a7 the qualified individual has connected to the publicly owned treatment works voluntarily2 and 7,b7 if the eligible entity is not the owner or operator of the publicly owned treatment works to which the qualified individual has connected1 the publicly owned treatment works to which the qualified individual has connected has agreed to the connection4 7#b7 ,reimbursements from publicly owned treatment works ,an eligible entity that is an owner or operator of a publicly owned treatment works may reimburse a qualified individual that has already incurred the costs described in subsection 7b7 by-- 7,a7 reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater or other services provided by the owner or operator2 or 7,b7 providing a direct payment to the qualified individual4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out the program #dj1jjj1jjj for each of fiscal years #bjba through #bjbc4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #edje4 ,water pollution control revolving loan fund capitalization grants ,section #fjb7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achb7;b77 is amended-- 7#a7 in paragraph 7#ac77;,b7-- 7,a7 in the matter preceding clause 7i71 by striking and energy conservation and inserting and efficient energy use 7including through the implementation of technologies to recapture and reuse energy produced in the treatment of wastewater72 and 7,b7 in clause 7iii71 by striking and at the end2 7#b7 in paragraph 7#ad71 by striking the period at the end and inserting 2 and 2 and 7#c7 by adding at the end the following3 7#ae7 to the extent there are sufficient projects or activities eligible for assistance from the fund1 with respect to funds for capitalization grants received by the ,state under this title and section #bje7m71 the ,state will use not less than #ae percent of such funds for projects to address green infrastructure1 water or energy efficiency improvements1 or other environmentally innovative activities4 4 #edjf4 ,water pollution control revolving loan funds ,section #fjc7;i7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;i77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking 1 including forgiveness of principal and negative interest loans and inserting 7including in the form of forgiveness of principal1 negative interest loans1 or grants72 and 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking in assistance2 and 7ii7 in clause 7ii77,,iii71 by striking to such ratepayers and inserting to help such ratepayers maintain access to wastewater and stormwater treatment services2 and 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,subsidization amounts 7,a7 ,in general ,a ,state may use1 for providing additional subsidization in a fiscal year under this subsection1 an amount that does not exceed-- 7i7 during each of fiscal years #bjba through #bjbc1 #dj percent of the total amount received by the ,state in capitalization grants under this title for the fiscal year2 and 7ii7 during fiscal year #bjbd and each fiscal year thereafter1 #cj percent of the total amount received by the ,state in capitalization grants under this title for the fiscal year4 7,b7 ,minimum ,to the extent there are sufficient applications for additional subsidization under this subsection that meet the criteria under paragraph 7#a77;,a71 a ,state shall use1 for providing additional subsidization in a fiscal year under this subsection1 an amount that is not less than #aj percent of the total amount received by the ,state in capitalization grants under this title for the fiscal year4 4 #edjg4 ,authorization of appropriations for water pollution control ,state revolving funds ,title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 is amended by adding at the end the following3 #fji4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #c1jjj1jjj1jjj for each of fiscal years #bjba through #bjbc4 4 #edjh4 ,brownfields funding 7a7 ,authorization of appropriations ,section #ajd7k77#ac7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#ac77 is amended to read as follows3 7#ac7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #cej1jjj1jjj for fiscal year #bjba2 7,b7 #djj1jjj1jjj for fiscal year #bjbb2 and 7,c7 #dej1jjj1jjj for fiscal year #bjbc4 4 7b7 ,state response programs ,section #abh7;a77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbh7;a77#c77 is amended to read as follows3 7#c7 ,funding ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #gj1jjj1jjj for fiscal year #bjba2 7,b7 #hj1jjj1jjj for fiscal year #bjbb2 and 7,c7 #ij1jjj1jjj for fiscal year #bjbc4 4 #edji4 ,technical assistance and grants for emergencies affecting public water systems ,section #addb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#a7 is amended-- 7#a7 in subsection 7b71 in the first sentence1 by inserting 1 including a threat to public health resulting from contaminants1 such as1 but not limited to1 heightened exposure to lead in drinking water after public health2 7#b7 by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7b7 #ce1jjj1jjj for each of fiscal years #bjba through #bjbc4 2 7#c7 in subsection 7e77#e71 by striking #bjae through #bjbj and inserting #bjba through #bjbc2 7#d7 by redesignating subsection 7f7 as subsection 7g72 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,state-,based nonprofit organizations ,the ,administrator may provide technical assistance consistent with the authority provided under subsection 7e7 to ,state-based nonprofit organizations that are governed by community water systems4 4 #edaj4 ,grants for ,state programs ,section #addc7;a77#g7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#b7;a77#g77 is amended by striking and #bjba and inserting through #bjbc4 #edaa4 ,drinking water ,state revolving loan funds 7a7 ,reauthorizations ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended-- 7#a7 in subsection 7a77#d77;,a71 by striking ,during fiscal years #bjai through #bjbc1 funds and inserting ,funds2 7#b7 in subsection 7m77#a7-- 7,a7 in subparagraph 7,b71 by striking and2 and 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 #c1jjj1jjj1jjj for each of fiscal years #bjba and #bjbb2 and 7,d7 #d1jjj1jjj1jjj for fiscal year #bjbc4 2 and 7#c7 in subsection 7q71 by striking #bjaf through #bjba and inserting #bjba through #bjbc4 7b7 ,assistance for disadvantaged communities ,section #adeb7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 grants1 negative interest loans1 other loan forgiveness1 and through buying1 refinancing1 or restructuring debt after forgiveness of principal2 and 7#b7 in paragraph 7#b77;,b71 by striking #f percent and inserting #bj percent4 #edab4 ,source water petition program ,section #aded7;a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ad7;a77 is amended-- 7#a7 in paragraph 7#a77;,a71 in the matter preceding clause 7i71 by striking political subdivision of a ,state1 and inserting political subdivision of a ,state 7including a county that is designated by the ,state to act on behalf of an unincorporated area within that county1 with the agreement of that unincorporated area712 7#b7 in paragraph 7#d77;,d77i71 by inserting 7including a county that is designated by the ,state to act on behalf of an unincorporated area within that county7 after of the ,state2 and 7#c7 by adding at the end the following3 7#e7 ,savings provision ,unless otherwise provided within the agreement1 an agreement between an unincorporated area and a county for the county to submit a petition under paragraph 7#a77;,a7 on behalf of the unincorporated area shall not authorize the county to act on behalf of the unincorporated area in any matter not within a program under this section4 4 #edac4 ,assistance for small and disadvantaged communities 7a7 ,existing programs ,section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,d7 the purchase of point-of-entry or point-of-use filters that are independently certified using science-based test methods for the removal of contaminants of concern2 7,e7 investments necessary for providing accurate and current information about-- 7i7 the need for filtration1 filter safety1 and proper maintenance practices2 and 7ii7 the options for replacing lead service lines 7as defined section #adei;,b7a77 and removing other sources of lead in water2 and 7,f7 entering into contracts with nonprofit organizations that have water system technical expertise to assist underserved communities4 7#c7 ,contracting parties ,a contract described in paragraph 7#b77;,f7 may be between a nonprofit organization described in that paragraph and-- 7,a7 an eligible entity2 or 7,b7 the ,state of an eligible entity1 on behalf of that eligible entity4 2 7#b7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking ,an eligible entity and inserting ,except for purposes of subsections 7j7 and 7m71 an eligible entity2 7#c7 in subsection 7g77#a71 by striking to pay not less than #de percent and inserting except as provided in subsection 7l77#e7 and subject to subsection 7h71 to pay not less than #aj percent2 7#d7 by striking subsection 7h7 and inserting the following3 7h7 ,waiver ,the ,administrator may waive the requirement under subsection 7g77#a74 2 7#e7 by striking subsection 7k7 and inserting the following3 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsections 7a7 through 7j7 #cjj1jjj1jjj for each of fiscal years #bjba through #bjbc4 2 and 7#f7 in subsection 7l7-- 7,a7 in paragraph 7#b7-- 7i7 by striking ,the ,administrator may and inserting ,the ,administrator shall2 and 7ii7 by striking fiscal years #bjai and #bjbj and inserting fiscal years #bjba through #bjbc2 7,b7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,federal share for underserved communities 7,a7 ,in general ,subject to subparagraph 7,b71 with respect to a program or project that serves an underserved community and is carried out using a grant under this subsection1 the ,federal share of the cost of the program or project shall be #ij percent4 7,b7 ,waiver ,the ,administrator may increase the ,federal share under subparagraph 7,a77ii7 to #ajj percent4 7#f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #aej1jjj1jjj for each of fiscal years #bjba and #bjbb2 and 7,b7 #bjj1jjj1jjj for fiscal year #bjbc4 4 7b7 ,connection to public water systems ,section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7 is amended by adding at the end the following3 7m7 ,connection to public water systems 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means-- 7i7 an owner or operator of a public water system that assists or is seeking to assist eligible individuals with connecting the household of the eligible individual to the public water system2 or 7ii7 a nonprofit entity that assists or is seeking to assist eligible individuals with the costs associated with connecting the household of the eligible individual to a public water system4 7,b7 ,eligible individual ,the term eligible individual has the meaning given the term in section #fjc7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;j774 7,c7 ,program ,the term program means the competitive grant program established under paragraph 7#b74 7#b7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the ,administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system4 7#c7 ,application ,an eligible entity seeking a grant under the program shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#d7 ,voluntary connection ,before providing funds to an eligible individual for the costs described in paragraph 7#b71 an eligible entity shall ensure that-- 7,a7 the eligible individual is voluntarily seeking connection to the public water system2 7,b7 if the eligible entity is not the owner or operator of the public water system to which the eligible individual seeks to connect1 the public water system to which the eligible individual seeks to connect has agreed to the connection2 and 7,c7 the connection of the household of the eligible individual to the public water system meets all applicable local and ,state regulations1 requirements1 and codes4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #dj1jjj1jjj for each of fiscal years #bjba through #bjbc4 4 7c7 ,competitive grant pilot program ,section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7 7as amended by subsection 7b77 is amended by adding at the end the following3 7n7 ,state competitive grants for underserved communities 7#a7 ,in general ,in addition to amounts authorized to be appropriated under subsection 7k71 there is authorized to be appropriated to carry out subsections 7a7 through 7j7 #ej1jjj1jjj for each of fiscal years #bjba through #bjbc in accordance with paragraph 7#b74 7#b7 ,competitive grants 7,a7 ,in general ,notwithstanding any other provision of this section1 the ,administrator shall distribute amounts made available under paragraph 7#a7 to ,states through a competitive grant program4 7,b7 ,applications ,to seek a grant under the competitive grant program under subparagraph 7,a71 a ,state shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7,c7 ,prioritization ,in selecting recipients of grants under the competitive grant program under subparagraph 7,a71 the ,administrator shall give priority to ,states with a high proportion of underserved communities that meet the condition described in subsection 7a77#b77;,a74 7#c7 ,savings provision ,nothing in this paragraph affects the distribution of amounts made available under subsection 7k71 including any methods used by the ,administrator for distribution of amounts made available under that subsection as in effect on the day before the date of enactment of this subsection4 4 #edad4 ,reducing lead in drinking water ,section #adei;,b of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;b7 is amended-- 7#a7 in subsection 7d7-- 7,a7 by inserting 7except for subsection 7d77 after this section2 and 7,b7 by striking #fj1jjj1jjj for each of fiscal years #bjag through #bjba and inserting #d1ejj1jjj1jjj for each of fiscal years #bjba through #bjbc2 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7f7 and 7g71 respectively2 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,lead mapping utilization grant pilot program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than #cj percent of the service lines are known1 or likely to contain1 lead service lines4 7,b7 ,pilot program ,the term pilot program means the pilot program established under paragraph 7#b74 7#b7 ,establishment ,the ,administrator shall establish a pilot program under which the ,administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist based on existing lead mapping of those eligible entities4 7#c7 ,selection 7,a7 ,application ,to be eligible to receive a grant under the pilot program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7,b7 ,prioritization ,in selecting recipients under the pilot program1 the ,administrator shall give priority to an eligible entity that meets the affordability criteria established by the applicable ,state4 7#d7 ,report ,not later #b years after the ,administrator first awards a grant under the pilot program1 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing-- 7,a7 the recipients of grants under the pilot program2 7,b7 the existing lead mapping that was available to recipients of grants under the pilot program2 and 7,c7 how useful and accurate the lead mapping described in subparagraph 7,b7 was in locating lead contaminants of the eligible entity4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the pilot program #aj1jjj1jjj1 to remain available until expended4 7e7 ,comprehensive lead reduction projects 7#a7 ,grants ,the ,administrator shall make grants available under this subsection to eligible entities for comprehensive lead reduction projects that1 notwithstanding any other provision in this section1 fully replace all lead service lines served by the eligible entity1 irrespective of the ownership of the service line4 7#b7 ,priority ,in making grants under paragraph 7#a71 the ,administrator shall give priority to eligible entities serving-- 7,a7 disadvantaged communities in accordance with subsection 7b77#c72 7,b7 environmental justice communities with significant representation of communities of color or low-income communities2 or 7,c7 ,tribal and indigenous communities that experience1 or are at risk of experiencing1 higher or more adverse human health or environmental effects4 7#c7 ,no cost-sharing ,the ,federal share of the cost of a project carried out pursuant to this subsection shall be #ajj percent1 and no individual homeowner shall be required to provide a contribution to the cost of replacement of any portion of a service line replaced using a grant under this subsection4 4 #edae4 ,operational sustainability of small public water systems ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is amended by adding at the end the following3 #adei;,e4 ,operational sustainability of small public water systems 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a unit of local government2 7,b7 a public corporation established by a unit of local government to provide water service2 7,c7 a nonprofit corporation1 public trust1 or cooperative association that owns or operates a public water system2 and 7,d7 an ,indian ,tribe that owns or operates a public water system4 7#b7 ,operational sustainability ,the term operational sustainability means the ability to improve the operation of a small system through the identification and prevention of potable water loss due to leaks1 breaks1 and other metering or infrastructure failures4 7#c7 ,program ,the term program means the grant program established under subsection 7b74 7#d7 ,small system ,the term small system means a public water system that-- 7,a7 serves fewer than #aj1jjj people2 and 7,b7 is owned or operated by-- 7i7 a unit of local government2 7ii7 a public corporation2 7iii7 a nonprofit corporation2 7iv7 a public trust2 7v7 a cooperative association2 or 7vi7 an ,indian ,tribe4 7b7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of one or more small systems4 7c7 ,applications ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7#a7 a proposal of the project to be carried out using grant funds under the program2 7#b7 documentation prepared by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of one or more small systems that are to be addressed through the proposed project2 7#c7 a description of how the proposed project will improve the operational sustainability of one or more small systems2 7#d7 a description of how the improvements described in paragraph 7#c7 will be maintained beyond the life of the proposed project1 including a plan to maintain and update any asset data collected as a result of the proposed project2 7#e7 7,a7 if the eligible entity is located in a ,state that has established a ,state drinking water treatment revolving loan fund under section #adeb1 a copy of a written agreement between the eligible entity and the ,state in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the ,state agency administering the ,state drinking water treatment revolving loan fund 7or a designee72 or 7,b7 if the eligible entity is located in an area other than a ,state that has established a ,state drinking water treatment revolving loan fund under section #adeb1 a copy of a written agreement between the eligible entity and the ,administrator in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the ,administrator 7or a designee72 and 7#f7 any additional information the ,administrator may require4 7d7 ,use of funds ,an eligible entity that receives a grant under the program shall use the grant funds to carry out projects that improve the operational sustainability of one or more small systems through-- 7#a7 the development of a detailed asset inventory1 which may include drinking water sources1 wells1 storage1 valves1 treatment systems1 distribution lines1 hydrants1 pumps1 controls1 and other essential infrastructure2 7#b7 the development of an infrastructure asset map1 including a map that uses technology such as-- 7,a7 geographic information system software2 and 7,b7 global positioning system software2 7#c7 the deployment of leak detection technology2 7#d7 the deployment of metering technology2 7#e7 training in asset management strategies1 techniques1 and technologies appropriate staff employed by-- 7,a7 the eligible entity2 or 7,b7 the small systems for which the grant was received2 and 7#f7 the development or deployment of other strategies1 techniques1 or technologies that the ,administrator may determine to be appropriate under the program4 7e7 ,cost share 7#a7 ,in general ,subject to paragraph 7#b71 the ,federal share of the cost of a project carried out using a grant under the program shall be #ij percent of the total cost of the project4 7#b7 ,waiver ,the ,administrator may increase the ,federal share under paragraph 7#a7 to #ajj percent4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjba through #bjbc4 4 #edaf4 ,drinking water system infrastructure resilience and sustainability program ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 7as amended by section #edae7 is amended by adding at the end the following3 #adei;,f4 ,drinking water system infrastructure resilience and sustainability program 7a7 ,definitions ,in this section3 7#a7 ,natural hazard2 resilience ,the terms resilience and natural hazard have the meanings given those terms in section #adcc7;h74 7#b7 ,resilience and sustainability program ,the term resilience and sustainability program means the ,drinking ,water ,system ,infrastructure ,resilience and ,sustainability ,program established under subsection 7b74 7b7 ,establishment ,the ,administrator shall establish and carry out a program1 to be known as the ,drinking ,water ,system ,infrastructure ,resilience and ,sustainability ,program1 under which the ,administrator1 subject to the availability of appropriations for the resilience and sustainability program1 shall award grants to public water systems for the purpose of increasing resilience to natural hazards4 7c7 ,use of funds ,a public water system may only use grant funds received under the resilience and sustainability program to assist in the planning1 design1 construction1 implementation1 operation1 or maintenance of a program or project that increases resilience to natural hazards through-- 7#a7 the conservation of water or the enhancement of water-use efficiency2 7#b7 the modification or relocation of existing drinking water system infrastructure made1 or that is at risk of being1 significantly impaired by natural hazards1 including risks to drinking water from flooding2 7#c7 the design or construction of new or modified desalination facilities to serve existing communities2 7#d7 the enhancement of water supply through the use of watershed management and source water protection2 7#e7 the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water2 or 7#f7 the development and implementation of measures to increase the resilience of the public water system to natural hazards4 7d7 ,application ,to seek a grant under the resilience and sustainability program1 a public water system shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7#a7 a proposal of the program or project to be planned1 designed1 constructed1 implemented1 operated1 or maintained by the public water system2 7#b7 an identification of the natural hazard risk to be addressed by the proposed program or project2 7#c7 documentation prepared by a ,federal1 ,state1 regional1 or local government agency of the natural hazard risk to the area where the proposed program or project is to be located2 7#d7 a description of any recent natural hazard events that have affected the public water system2 7#e7 a description of how the proposed program or project would improve the performance of the public water system under the anticipated natural hazards2 and 7#f7 an explanation of how the proposed program or project is expected to enhance the resilience of the public water system to the anticipated natural hazards4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out the resilience and sustainability program-- 7#a7 #aej1jjj1jjj for each of fiscal years #bjba and #bjbb2 and 7#b7 #bjj1jjj1jjj for fiscal year #bjbc4 4 #edag4 ,needs assessment for nationwide rural and urban low-income community water assistance ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 7as amended by section #edaf7 is amended by adding at the end the following3 #adei;,g4 ,needs assessment for nationwide rural and urban low-income community water assistance 7a7 ,definition of low-,income household ,in this section1 the term low-income household means a household that has an income that1 as determined by the ,state in which the household is located1 does not exceed the greater of-- 7#a7 an amount equal to #aej percent of the poverty level of that ,state2 and 7#b7 an amount equal to #fj percent of the ,state median income for that ,state4 7b7 ,study2 report 7#a7 ,in general ,subject to the availability of appropriations1 not later than #b years after the date of enactment of this section1 the ,administrator shall conduct1 and submit to ,congress a report describing the results of1 a study regarding the prevalence throughout the ,united ,states of low-income households1 including low-income renters1 that do not have access to affordable public drinking water services to meet household needs4 7#b7 ,inclusions ,the report under paragraph 7#a7 shall include-- 7,a7 recommendations of the ,administrator regarding the best methods to increase access to affordable and reliable drinking water services2 7,b7 a description of the cost of each method described in subparagraph 7,a72 7,c7 an examination of1 to the extent feasible-- 7i7 levels of household water debt during the #e-year period ending on the date on which the report is published2 7ii7 rates of water shutoffs during that period2 7iii7 durations of those water shutoffs during that period2 and 7iv7 actions of utilities and jurisdictions1 as applicable1 during that period against households with water debt1 including property liens and foreclosures2 and 7,d7 with respect to the development of the report1 a consultation with all relevant stakeholders4 7#c7 ,agreements ,the ,administrator may enter into an agreement with another ,federal agency to carry out the study under paragraph 7#a74 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj1 to remain available until expended4 4 #edah4 ,lead contamination in school drinking water ,section #adfd of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the first sentence1 by inserting public water systems and after to assist2 7,b7 in the third sentence1 by inserting public water systems1 after schools12 and 7,c7 in the sixth sentence1 by striking within #ajj days after the enactment of this section and inserting not later than #ajj days after the date of enactment of the ,economic ,justice ,act2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting 1 public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies1 and qualified nonprofit organizations before in voluntary2 7,,ii7 by striking the period at the end and inserting 2 and2 7,,iii7 by striking grants available to ,states and inserting the following3 grants available to-- 7i7 ,states 2 and 7,,iv7 by adding at the end the following3 7ii7 tribal consortia to assist tribal education agencies 7as defined in section #c of the ,national ,environmental ,education ,act 7#bj ,u4,s4,c4 #eejb77 in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of the tribal education agency4 2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking or at the end2 7,,ii7 in clause 7ii71 by striking the period at the end and inserting a semicolon2 and 7,,iii7 by adding at the end the following3 7iii7 any public water system that is located in a ,state that does not participate in the voluntary grant program established under subparagraph 7,a7 that-- 7,i7 assists schools or child care programs in lead testing2 or 7,,ii7 provides technical assistance to schools or child care programs in carrying out lead testing2 or 7iv7 a qualified nonprofit organization1 as determined by the ,administrator4 2 7,b7 in paragraphs 7#c71 7#e71 7#f71 and 7#g71 by striking ,state or local educational agency each place it appears and inserting ,state1 local educational agency1 public water system1 tribal consortium1 or qualified nonprofit organization2 7,c7 in paragraph 7#d71 by striking ,states and local educational agencies and inserting ,states1 local educational agencies1 public water systems1 tribal consortia1 and qualified nonprofit organizations2 7,d7 in paragraph 7#f7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 public water system1 tribal consortium1 or qualified nonprofit organization after each local educational agency2 7ii7 in subparagraph 7,a77ii71 by inserting or tribal after applicable ,state2 and 7iii7 in subparagraph 7,b77i71 by inserting applicable before local educational agency2 and 7,e7 in paragraph 7#h71 by striking #bjbj and #bjba and inserting #bjba through #bjbc4 #edai4 ,indian reservation drinking water program ,section #bjja of the ,america's ,water ,infrastructure ,act of #bjah 7#db ,u4,s4,c4 #cjj;j-#c;c note2 ,public ,law #aae-bgj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,subject to the availability of appropriations1 the ,administrator of the ,environmental ,protection ,agency and inserting ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator72 and 7,b7 by striking to implement in the matter preceding paragraph 7#a7 and all that follows through the period at the end of paragraph 7#b7 and inserting to implement eligible projects described in subsection 7b742 7#b7 by redesignating subsection 7d7 as subsection 7e72 7#c7 by inserting after subsection 7c7 the following3 7d7 ,federal share ,the ,federal share of the cost of a project carried out under this section shall be #ajj percent4 2 and 7#d7 in subsection 7e7 7as so redesignated7-- 7,a7 by striking ,there is and inserting ,there are2 7,b7 by striking subsection 7a7 #bj1jjj1jjj and inserting the following3 subsection 7a7-- 7#a7 #bj1jjj1jjj 2 7,c7 in paragraph 7#a7 7as so designated71 by striking #bjbb and inserting #bjbj2 and 7,d7 by adding at the end the following3 7#b7 #ej1jjj1jjj for each of fiscal years #bjba through #bjbc4 4 #edbj4 ,water infrastructure and workforce investment ,section #dcjd of the ,america's ,water ,infrastructure ,act of #bjah 7#db ,u4,s4,c4 #cjj;j-#ai;e7 is amended-- 7#a7 in subsection 7a77#c77;,b71 by inserting and public works departments and agencies after organizations2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking institutions-- and inserting institutions1 or public works departments and agencies--2 and 7ii7 in subparagraph 7,a77ii71 by inserting for entities that are not public works departments and agencies1 before working2 7,b7 in paragraph 7#d7-- 7i7 by striking ,there is and inserting the following3 7,a7 ,in general ,there is 2 7ii7 in subparagraph 7,a7 7as so designated71 by striking #a1jjj1jjj for each of fiscal years #bjai and #bjbj and inserting #ajj1jjj1jjj for each of fiscal years #bjba through #bjbc2 and 7iii7 by adding at the end the following3 7,b7 ,sense of the ,senate ,it is the sense of the ,senate that1 of the funds made available under subparagraph 7,a7 each fiscal year1 not less than #dj percent should be used to provide grants that would serve-- 7i7 low-income individuals2 and 7ii7 underserved communities 7as defined in section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7a7774 2 7#c7 by redesignating subsections 7a7 and 7b7 as subsections 7b7 and 7c71 respectively2 and 7#d7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definition of public works department or agency ,in this section1 the term public works department or agency means a political subdivision of a local1 county1 or regional government that designs1 builds1 operates1 and maintains water infrastructure1 sewage and refuse disposal systems1 and other public water systems and facilities4 4 #edba4 ,small and disadvantaged community analysis 7a7 ,analysis ,not later than #a year after the date of enactment of this ,act1 using environmental justice data of the ,environmental ,protection ,agency1 including data from the environmental justice mapping and screen tool of the ,environmental ,protection ,agency1 the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 shall carry out an analysis under which the ,administrator shall assess the programs under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 and section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 to identify historical distributions of funds to small and disadvantaged communities and new opportunities and methods to improve on the distribution of funds under those programs to low-income communities1 rural communities1 minority communities1 and communities of indigenous peoples1 in accordance with ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note2 #fj ,fed4 ,reg4 #fcha2 relating to ,federal actions to address environmental justice in minority populations and low-income populations774 7b7 ,report ,on completion of the analysis under subsection 7a71 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committees on ,energy and ,commerce and ,transportation and ,infrastructure of the ,house of ,representatives a report describing-- 7#a7 the results of the analysis2 and 7#b7 the criteria the ,administrator used in carrying out the analysis4 #edbb4 ,mapping and screening tool ,the ,administrator of the ,environmental ,protection ,agency shall continue to update1 on an annual basis1 and make available to the public ,,ejscreen or an equivalent environmental justice mapping and screening tool1 which shall include information on public water systems 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f771 self-supplied communities 7such as ,state and small and domestic well communities71 the presence of toxic water at the household and system level1 and water affordability4 #edbc4 ,emergency household water and wastewater assistance program 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency described in section #aace7;g77#a77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b77i774 7#c7 ,eligible household ,the term eligible household means-- 7,a7 a household that-- 7i7 is economically affected by the ,,covid-#ai public health emergency2 and 7ii7 has applied for and been deemed eligible for assistance under this section2 or 7,b7 a low-income household1 as determined by an eligible utility under subsection 7h71 that has applied for and been deemed eligible for assistance under this section4 7#d7 ,eligible utility ,the term eligible utility means an owner or operator of-- 7,a7 a community water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f772 or 7,b7 a treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib77 for municipal waste4 7#e7 ,emergency period ,the term emergency period means the emergency period described in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b774 7#f7 ,granting entity ,the term granting entity means-- 7,a7 with respect to a grant to an eligible utility under subsection 7b77#b71 the ,administrator2 and 7,b7 with respect to a grant to an eligible utility pursuant to subsection 7c77#a71 the ,state or ,indian ,tribe making the grant1 as applicable4 7#g7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian ,tribe1 band1 group1 or community recognized by the ,secretary of the ,interior and exercising governmental authority over a ,federal ,indian reservation4 7#h7 ,municipality ,the term municipality has the meaning given the term in section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb74 7#i7 ,state ,the term ,state means-- 7,a7 each of the several ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,united ,states ,virgin ,islands2 7,e7 ,guam2 7,f7 ,american ,samoa2 and 7,g7 the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,establishment ,the ,administrator shall establish an emergency household water and wastewater assistance program under which the ,administrator shall-- 7#a7 not later than #de days after the date of enactment of this ,act and during each of fiscal years #bjbb and #bjbc1 make grants to ,states and ,indian ,tribes2 and 7#b7 make grants to eligible utilities4 7c7 ,use of funds 7#a7 ,grants to ,states and ,indian ,tribes ,a ,state or ,indian ,tribe receiving a grant under subsection 7b77#a7 shall use the funds received under the grant to make grants to eligible utilities4 7#b7 ,grants to eligible utilities ,an eligible utility receiving a grant from a ,state or ,indian ,tribe under paragraph 7#a7 or receiving a grant from the ,administrator under subsection 7b77#b7 shall use the amounts received under the grant-- 7,a7 to provide rate assistance to eligible households2 7,b7 for ongoing operation and maintenance activities affected by a loss of revenue from eligible households2 and 7,c7 to the extent practicable with any funds remaining after carrying out subparagraphs 7,a7 and 7,b71 to cancel water debts for eligible households that accrued during the #e-year period ending on the date that is the first day of the emergency period4 7d7 ,applications ,each eligible utility seeking to receive a grant under or pursuant to this section shall submit an application to the ,administrator1 ,state1 or ,indian ,tribe1 as applicable1 at such time1 in such manner1 and containing such information as the ,administrator shall require4 7e7 ,conditions 7#a7 ,minimum requirements ,an eligible utility that receives a grant under or pursuant to this section shall-- 7,a7 certify to the granting entity that it has conducted outreach activities designed to ensure that eligible households are made aware of the assistance available pursuant to this section1 including by partnering with nonprofit organizations that serve low-income households2 7,b7 identify and submit to the granting entity a report describing-- 7i7 how many eligible households were identified2 7ii7 the level of subsidy needed to provide assistance to all of the eligible households described in clause 7i72 and 7iii7 how the granted funds were used to benefit eligible households2 and 7,c7 establish procedures-- 7i7 to notify each eligible household receiving assistance pursuant to this section of the amount of that assistance2 and 7ii7 to ensure that the eligible utility charges an eligible household1 in the normal billing process not more than the difference between-- 7,i7 the actual cost of the drinking water or wastewater service provided to the eligible household2 and 7,,ii7 the amount of the assistance provided4 7#b7 ,continuity of water and wastewater services ,an eligible utility that receives a grant under or pursuant to this section shall ensure that-- 7,a7 no service provided by the eligible utility to an individual or household is disconnected or interrupted during the ,,covid-#ai public health emergency due to nonpayment2 and 7,b7 during the emergency period and the #a-year period beginning on the day after the date on which the emergency period terminates1 no eligible household is charged-- 7i7 a late fee for an unpaid bill for service provided by the eligible utility2 or 7ii7 a reconnection fee for a shutoff that occurred during the emergency period4 7#c7 ,household documentation requirements ,an eligible utility that receives a grant under or pursuant to this section shall-- 7,a7 to the maximum extent practicable1 seek to limit the income history documentation requirements for determining whether a household is considered to be economically affected by the ,,covid-#ai public health emergency or a low-income household for the purposes of this section2 and 7,b7 for the purposes of income eligibility1 accept proof of job loss or severe income loss dated after ,february #bi1 #bjbj1 such as a layoff or furlough notice or verification of application for unemployment benefits1 as sufficient to demonstrate lack of income for an individual or household4 7f7 ,audits ,the ,administrator shall require each ,state1 ,indian ,tribe1 and eligible utility receiving a grant under or pursuant to this section to undertake periodic audits and evaluations of expenditures made by the ,state1 ,indian ,tribe1 or eligible utility1 as applicable1 pursuant to this section4 7g7 ,guidelines 7#a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,administrator shall issue guidelines for complying with the requirements of this section1 including guidelines for-- 7,a7 identifying households that are-- 7i7 economically affected by the ,,covid-#ai public health emergency2 or 7ii7 low-income households2 and 7,b7 conducting any required audits and evaluations4 7#b7 ,consultation ,in issuing guidelines under paragraph 7#a71 the ,administrator shall consult with the ,secretary of ,health and ,human ,services1 other ,federal agencies with experience in administering ,federal rate assistance programs for low-income households1 ,states1 ,indian ,tribes1 eligible utilities1 and nonprofit organizations that serve low-income households4 7h7 ,determination of low-,income households ,in determining whether a household is considered to be a low-income household for the purposes of receiving assistance pursuant to this section1 an eligible utility-- 7#a7 shall ensure that1 at a minimum1 all households within #aej percent of the ,federal poverty line are included as low-income households2 and 7#b7 may include other households1 including households in which one or more individuals are receiving-- 7,a7 assistance under the program of block grants to ,states for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7,b7 payments under the supplemental security income program established under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7,c7 assistance under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 or 7,d7 payments under-- 7i7 section #acae1 #aeba1 #aeda1 or #aedb of title #ch1 ,united ,states ,code2 or 7ii7 section #cjf of the ,veterans' and ,survivors' ,pension ,improvement ,act of #aigh 7#ch ,u4,s4,c4 #aeba note2 ,public ,law #ie-ehh74 7i7 ,submissions to ,congress ,the ,administrator shall submit to the ,committees on ,appropriations1 ,energy and ,commerce1 and ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate-- 7#a7 on the date on which the ,administrator makes grants under subsection 7b77#a71 a report indicating the amounts granted to each ,state and ,indian ,tribe2 7#b7 on the issuance of guidelines under subsection 7g71 a copy of the guidelines2 7#c7 not later than #ahj days after the date of enactment of this ,act1 and every other month thereafter during each fiscal year for which funding for this section is provided1 a report listing-- 7,a7 each eligible utility that received a grant under or pursuant to this section2 7,b7 the amount of the grant2 and 7,c7 how the granted funds were used2 and 7#d7 not later than #a year after the date of enactment of this ,act1 and on final disbursement of all funds appropriated pursuant to this section1 a report on the results of activities carried out pursuant to this section4 7j7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section1 to remain available until expended-- 7,a7 #b1jjj1jjj1jjj for fiscal year #bjba2 and 7,b7 #a1ejj1jjj1jjj for each of fiscal years #bjbb and #bjbc4 7#b7 ,allocation of funds 7,a7 ,in general ,of the amounts made available to carry out this section under paragraph 7#a71 the ,administrator shall-- 7i7 use #a percent to make grants under subsection 7b77#a7 to ,indian ,tribes2 7ii7 use #di percent to make grants under subsection 7b77#a7 to ,states in accordance with subparagraph 7,b72 and 7iii7 with any remaining amounts1 make grants to eligible utilities under subsection 7b77#b74 7,b7 ,state allotments ,of the amounts described in subparagraph 7,a77ii71 the ,administrator shall allot-- 7i7 #ej percent in accordance with the percentages used by the ,administrator to allot amounts appropriated to carry out title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 pursuant to section #bje7;c77#c7 of that ,act 7#cc ,u4,s4,c4 #abhe7;c77#c772 and 7ii7 #ej percent in accordance with the formula used by the ,administrator to allot funds appropriated to carry out section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7#c7 ,administrative costs ,the ,administrator and any ,state1 ,indian ,tribe1 or eligible utility that receives a grant under or pursuant to this section may use up to #e percent of the granted amounts for administrative costs4 #edbd4 ,requirement ,notwithstanding any other provision of law1 of the amounts made available under this chapter or any amendment made by this chapter1 the ,administrator of the ,environmental ,protection ,agency shall ensure1 to the maximum extent practicable1 that not less than #ab4e percent is used to support jobs of persons of color or businesses owned by persons of color4 #b ,clean air programs #edca4 ,wood heaters emissions reduction 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,affected wood heater model ,the term affected wood heater model means a model of wood heater described in-- 7,a7 section #fj4ecj7;a7 of title #dj1 ,code of ,federal ,regulations 7or a successor regulation72 and 7,b7 subsections 7a7 and 7b7 of section #fj4edgb of that title4 7#c7 ,certified clean heater ,the term certified clean heater means a heater that-- 7,a7 has been certified or verified by-- 7i7 the ,administrator2 or 7ii7 the ,california ,air ,resources ,board2 7,b7 meets or has emissions below the most stringent ,step #b emission reductions standards described in the ,final ,rule2 7,c7 with respect to an affected wood heater model1 has a thermal efficiency rating of not less than #fe percent1 as certified by the ,administrator under the ,final ,rule2 and 7,d7 is installed by a licensed or certified professional or verified by the ,state in which the heater is being installed4 7#d7 ,final rule ,the term ,final ,rule means the final rule entitled ,standards of ,performance for ,new ,residential ,wood ,heaters1 ,new ,residential ,hydronic ,heaters and ,forced-,air ,furnaces 7#hj ,fed4 ,reg4 #acfgb 7,march #af1 #bjae774 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,regional agency ,the term regional agency means a regional or local government agency-- 7,a7 with jurisdiction over air quality2 or 7,b7 that has received approval from the air quality program of the ,state of the agency to carry out a wood heater emissions reduction and replacement program4 7#g7 ,replacement of an old wood heater ,the term replacement of an old wood heater means the replacement of an existing wood heater that-- 7,a7 does not meet the reductions standards described in paragraph 7#c77;,b72 7,b7 is removed from a home or building in which the wood heater was the primary or secondary source of heat2 and 7,c7 is surrendered to a supplier1 retailer1 or other entity1 as defined by the ,administrator1 who shall render the existing wood heater inoperable and ensure the existing wood heater is disposed through-- 7i7 recycling2 or 7ii7 scrappage4 7#h7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 the ,united ,states ,virgin ,islands2 7,f7 ,american ,samoa2 and 7,g7 the ,commonwealth of the ,northern ,mariana ,islands4 7#i7 ,wood heater ,the term wood heater means an enclosed1 wood-burning appliance capable of and intended for residential space heating or space heating and domestic water heating that is an affected wood heater model1 including-- 7,a7 a residential wood heater2 7,b7 a hydronic heater2 and 7,c7 a forced-air furnace4 7b7 ,establishment of grant program for wood heater emissions reductions 7#a7 ,in general ,subject to the availability of appropriations1 the ,administrator shall establish a grant program that provides funding for grant1 rebate1 and other programs administered by ,states1 regional agencies1 and ,indian tribes that are designed-- 7,a7 to provide financial incentives to homeowners for the replacement of old wood heaters that greatly contribute to particulate pollution with more efficient1 cleaner-burning heaters that are-- 7i7 properly installed2 and 7ii7 certified clean heaters2 7,b7 to achieve significant reductions in emissions from wood heaters in terms of pollution produced by wood heaters and wood heater emissions exposure2 7,c7 to help homeowners transition to safer and more efficient sources of heat2 and 7,d7 to support retailers1 installers1 and manufacturers that sell and make certified clean heaters that are more efficient and cleaner-burning4 7#b7 ,applications ,the ,administrator shall-- 7,a7 provide to ,states1 regional agencies1 and ,indian tribes guidance for use in applying for funding under this subsection1 including information regarding-- 7i7 the process and forms for applications2 7ii7 permissible uses of funds received under this subsection2 and 7iii7 the cost-effectiveness of various emission reduction technologies eligible for funds provided under this subsection2 7,b7 establish1 for applications described in subparagraph 7,a7-- 7i7 an annual deadline for submission of the applications2 7ii7 a process by which the ,administrator shall approve or disapprove each application2 7iii7 a simplified application submission process to expedite the provision of funds2 and 7iv7 a streamlined process by which a ,state1 regional agency1 or ,indian tribe may renew an application described in subparagraph 7,a7 for subsequent fiscal years2 7,c7 require ,states or regional agencies applying for funding under this subsection to provide detailed information on how the ,state or regional agency intends to carry out and verify projects under the wood heater emissions reduction program of the ,state or regional agency1 including-- 7i7 a description of the air quality in the ,state or the area in which the regional agency has jurisdiction2 7ii7 the means by which the project will achieve a significant reduction in wood heater emissions and air pollution1 including the estimated quantity of-- 7,i7 residences that depend on non-certified clean heaters as a primary or secondary source of heat2 and 7,,ii7 air pollution produced by wood heaters in the ,state or the area in which the regional agency has jurisdiction2 7iii7 an estimate of the cost and economic benefits of the proposed project2 7iv7 the means by which the funds will be distributed1 including a description of the intended recipients of the funds2 7v7 a description of any efforts to target low-income individuals that own older wood heaters2 7vi7 provisions for the monitoring and verification of the project2 and 7vii7 a description of how the program will carry out the replacement of old wood heaters1 including-- 7,i7 how the older units will be removed and placed out of service2 and 7,,ii7 how new heaters purchased with funding provided under this subsection will be installed2 and 7,d7 require ,indian tribes applying for funding under this subsection to provide detailed information on how the ,indian tribe intends to carry out and verify projects under the wood heater emissions reduction program of the ,indian tribe1 including-- 7i7 the means by which the project will achieve a significant reduction in wood heater emissions2 7ii7 an estimate of the cost and economic benefits of the proposed project2 7iii7 the means by which the funds will be distributed1 including a description of the intended recipients of the funds2 7iv7 a description of any efforts to target low-income individuals that own older wood heaters2 7v7 provisions for the monitoring and verification of the project2 and 7vi7 a description of how the program will carry out the replacement of old wood heaters1 including-- 7,i7 how the older units will be removed and placed out of service2 and 7,,ii7 how new heaters purchased with funding provided under this subsection will be installed4 7#c7 ,allocation of funds 7,a7 ,in general ,for each fiscal year1 the ,administrator shall allocate funds made available to carry out this subsection-- 7i7 among ,states1 regional agencies1 and ,indian tribes that submitted an application under this subsection that was approved by the ,administrator2 7ii7 of which not less than #d percent shall be allocated to ,indian tribes to perform functions that include-- 7,i7 addressing subsequent maintenance costs resulting from the installation of wood heaters under this subsection2 and 7,,ii7 training qualified installers and technicians2 and 7iii7 among different geographic areas and varying population densities4 7,b7 ,allocation priority ,the ,administrator shall provide to each ,state1 regional agency1 and ,indian tribe described in subparagraph 7,a7 for a fiscal year an allocation of funds1 with priority given to ,states1 regional agencies1 and ,indian tribes that will use the funds to support projects that-- 7i7 maximize public health benefits1 including indoor and outdoor air quality2 7ii7 are the most cost-effective2 7iii7 target the replacement of wood heaters that emit the most pollution2 7iv7 include certified clean heaters and other heaters that achieve emission reductions and efficiency improvements that are more stringent than the ,step #b emission reductions standards1 as described in the ,final ,rule2 7v7 target low-income households2 7vi7 encourage the recycling of old wood heaters when replacing those heaters2 and 7vii7 serve areas that-- 7,i7 receive a disproportionate quantity of air pollution from wood heaters2 7,,ii7 have a high percentage of residents that use wood as their primary source of heat2 or 7,,iii7 are poor air quality areas1 including areas identified by the ,administrator as-- 7aa7 in nonattainment or maintenance of national ambient air quality standards for particulate matter under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji72 or 7bb7 class ,i areas under section #afb7;a7 of that ,act 7#db ,u4,s4,c4 #gdgb7;a774 7,c7 ,unobligated funds ,any funds that are not obligated by a ,state1 regional agency1 or ,indian tribe by a date determined by the ,administrator in a fiscal year shall be reallocated pursuant to the priorities described in subparagraph 7,b74 7,d7 ,state1 regional agency1 and tribal matching incentive 7i7 ,in general ,subject to clause 7ii71 if a ,state1 regional agency1 or ,indian tribe agrees to match the allocation provided to the ,state1 regional agency1 or ,indian tribe under subparagraph 7,a7 for a fiscal year1 the ,administrator shall provide to the ,state1 regional agency1 or ,indian tribe for the fiscal year a matching incentive consisting of an additional amount equal to #cj percent of the allocation of the ,state1 regional agency1 or ,indian tribe under subparagraph 7,a74 7ii7 ,requirement ,to receive a matching incentive under clause 7i71 a ,state1 regional agency1 or ,indian tribe-- 7,i7 may not use funds received under this subsection to pay a matching share required under this paragraph2 and 7,,ii7 shall not be required to provide a matching share for any additional amount received under that clause4 7#d7 ,administration 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 ,states1 regional agencies1 and ,indian tribes shall use any funds provided under this subsection-- 7i7 to develop and implement such programs in the ,state or in areas under the jurisdiction of the regional agency or ,indian tribe as are appropriate to meet the needs and goals of the ,state1 regional agency1 or ,indian tribe2 and 7ii7 to the maximum extent practicable1 to use the programs described in clause 7i7 to give high priority to projects that serve areas described in paragraph 7#c77;,b77vii74 7,b7 ,apportionment of funds ,the chief executive officer of a ,state1 regional agency1 or ,indian tribe that receives funding under this subsection may determine the portion of funds to be provided as grants and the portion to be provided as rebates4 7,c7 ,use of funds ,a ,state1 regional agency1 or ,indian tribe shall use funds provided under this subsection for-- 7i7 projects to complete the replacement of old wood heaters1 including the installation of heaters and training of certified installers of heaters that-- 7,i7 are at least as efficient and clean-burning as certified clean heaters2 and 7,,ii7 meet the purposes described in paragraph 7#a72 and 7ii7 with respect to ,indian tribes1 the purposes described in paragraph 7#c77;,a77ii74 7,d7 ,supplement1 not supplant ,funds made available under this subsection shall be used to supplement1 not supplant1 funds made available for existing ,state clean air programs4 7,e7 ,public notification ,not later than #fj days after the date on which the ,administrator makes funding available under this subsection each fiscal year1 the ,administrator shall publish on the website of the ,environmental ,protection ,agency-- 7i7 the total number of grants awarded and the amounts provided to ,states1 regional agencies1 and ,indian tribes2 7ii7 a general description of each application of a ,state1 regional agency1 or ,indian tribe that received funding2 and 7iii7 the estimated number of wood heaters that will be replaced using funds made available under this subsection4 7,f7 ,report ,not later than #b years after the date on which funds are first made available under this subsection1 and biennially thereafter1 the ,administrator shall submit to ,congress a report evaluating the implementation of the program under this subsection4 7c7 ,outreach and incentives ,the ,administrator shall establish a program under which the ,administrator shall-- 7#a7 inform stakeholders of the benefits of replacing wood heaters that do not meet the ,step #b emission reductions standards described in the ,final ,rule2 7#b7 develop nonfinancial incentives to promote the proper installation and use of certified clean heaters2 and 7#c7 consult with ,indian tribes to carry out the purposes of this section4 7d7 ,supplemental environmental projects 7#a7 ,,epa authority to accept wood heater emissions reduction supplemental environmental projects ,section #a of ,public ,law #aaj-bee 7#db ,u4,s4,c4 #afach7 is amended-- 7,a7 in the heading1 by inserting and wood heater after diesel2 and 7,b7 in the matter preceding paragraph 7#a71 by inserting and wood heater after diesel4 7#b7 ,settlement agreement provisions ,section #b of ,public ,law #aaj-bee 7#db ,u4,s4,c4 #afaci7 is amended in the first sentence-- 7,a7 by inserting or wood heater after diesel each place it appears2 7,b7 by inserting 1 as applicable1 before if the ,administrator2 and 7,c7 by inserting 1 as applicable before the period at the end4 7e7 ,funding 7#a7 ,mandatory funding 7,a7 ,in general ,on ,october #a1 #bjbj1 or as soon as practicable thereafter1 and on each ,october #a thereafter through ,october #a1 #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator to carry out this section #ge1jjj1jjj for the applicable fiscal year1 to remain available until expended4 7,b7 ,receipt and acceptance ,the ,administrator shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under subparagraph 7,a71 without further appropriation4 7#b7 ,authorization of appropriations ,in addition to the amounts made available under paragraph 7#a71 there is authorized to be appropriated to carry out this section #ge1jjj1jjj for each of fiscal years #bjba through #bjbc1 to remain available until expended4 7#c7 ,management and oversight ,the ,administrator may use not more than #a percent of the amounts made available under this subsection for each fiscal year for management and oversight of the programs under this section4 #edcb4 ,diesel emissions reduction program 7a7 ,mandatory funding 7#a7 ,in general ,on ,october #a1 #bjba1 or as soon as practicable thereafter1 and on each ,october #a thereafter through ,october #a1 #bjbc1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator of the ,environmental ,protection ,agency to carry out subtitle ,g of title ,,vii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaca et seq47 #cjj1jjj1jjj for the applicable fiscal year1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,administrator of the ,environmental ,protection ,agency shall be entitled to receive1 shall accept1 and shall use to carry out subtitle ,g of title ,,vii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaca et seq47 the funds transferred under paragraph 7#a71 without further appropriation4 7#c7 ,requirement ,of the funds transferred under paragraph 7#a7 in each fiscal year1 not more than #aej1jjj1jjj may be used to provide assistance under subtitle ,g of title ,,vii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaca et seq47 to port authorities with jurisdiction over transportation or air quality4 7b7 ,cost-,share for zero tailpipe emission vehicle ,notwithstanding subtitle ,g of title ,,vii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaca et seq471 the ,federal share of the purchase of a zero tailpipe emission vehicle using amounts made available under subsection 7a7 shall be #ajj percent4 #edcc4 ,protection of the ,mercury and ,air ,toxics ,standards ,section #aab7n77#a77;,a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7n77#a77;,a77 is amended1 in the fourth sentence1 by striking 1 if the ,administrator and all that follows through this subparagraph4 #edcd4 ,net zero emissions at port facilities program 7a7 ,establishment of program 7#a7 ,in general ,the ,administrator of the ,federal ,highway ,administration 7referred to in this section as the ,administrator7 shall establish a program to reduce emissions at port facilities1 under which the ,administrator shall-- 7,a7 study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports1 including through the electrification of port operations2 7,b7 study emerging technologies and strategies that may help reduce port-related emissions by implementing shore power technology and other net zero emissions technology1 including equipment that handles cargo1 port harbor craft1 drayage trucks1 charging and fueling infrastructure1 and electric truck refrigeration units2 and 7,c7 coordinate and provide funding to test1 evaluate1 and deploy projects that reduce port-related emissions1 including shore power technology and net zero emissions port equipment and technology1 such as equipment that handles cargo1 port harbor craft1 drayage trucks1 charging and fueling infrastructure1 electric truck refrigeration units1 and other technology the ,administrator determines to be appropriate4 7#b7 ,consultation ,in carrying out the program under this subsection1 the ,administrator may consult with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency4 7b7 ,grants 7#a7 ,in general ,in carrying out subsection 7a77#a77;,c71 the ,administrator shall award grants to fund projects that reduce emissions at ports1 including through the advancement of port electrification4 7#b7 ,cost share ,a grant awarded under paragraph 7#a7 shall not exceed #hj percent of the total cost of the project funded by the grant4 7#c7 ,coordination ,in carrying out the grant program under this subsection1 the ,administrator shall-- 7,a7 to the maximum extent practicable1 leverage existing resources and programs of the ,federal ,highway ,administration and other relevant ,federal agencies2 and 7,b7 coordinate with other ,federal agencies1 as the ,administrator determines to be appropriate4 7#d7 ,application2 selection2 priority 7,a7 ,application ,the ,administrator shall solicit applications for grants under paragraph 7#a7 at such time1 in such manner1 and containing such information as the ,administrator determines to be necessary4 7,b7 ,selection ,the ,secretary shall make grants under paragraph 7#a7 by not later than ,april #a of each fiscal year for which funding is made available4 7,c7 ,priority ,in making grants for projects under paragraph 7#a71 the ,administrator shall give priority to projects that reduce-- 7i7 greenhouse gas emissions2 7ii7 emissions of any criteria air pollutant and any precursor of the criteria air pollutant2 7iii7 hazardous air pollutant emissions2 and 7iv7 public health disparities in communities that receive a disproportionate quantity of air pollution from a port4 7#e7 ,requirement ,notwithstanding any other provision of law1 any project funded by a grant under this subsection shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 7c7 ,report ,not later than #a year after the date on which all of the projects funded with a grant under subsection 7b7 are completed1 the ,administrator shall submit to ,congress a report that includes-- 7#a7 the findings of the studies described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 7#b7 the results of the projects that received a grant under subsection 7b72 7#c7 any recommendations for workforce development and training opportunities with respect to port electrification2 and 7#d7 any policy recommendations based on the findings and results described in paragraphs 7#a7 and 7#b74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program established under subsection 7a77#a7 #bej1jjj1jjj for each of fiscal years #bjba through #bjbc4 #c ,healthy transportation #edda4 ,restoring neighborhoods and strengthening communities program 7a7 ,definitions ,in this section3 7#a7 ,capital construction grant ,the term capital construction grant means a capital construction grant under subsection 7f74 7#b7 ,community engagement1 education1 and capacity building grant ,the term community engagement1 education1 and capacity building grant means a community engagement1 education1 and capacity building grant under subsection 7d74 7#c7 ,community of color ,the term community of color means1 in a ,state1 a census block group for which the aggregate percentage of residents who identify as ,black1 ,african-,american1 ,american ,indian1 ,alaska ,native1 ,native ,hawaiian1 ,asian1 ,pacific ,islander1 ,hispanic1 ,latino1 other nonwhite race1 or linguistically isolated is-- 7,a7 not less than #ej percent2 or 7,b7 significantly higher than the ,state average4 7#d7 ,infrastructural barrier ,the term infrastructural barrier means a highway 7including a limited access highway71 a railway1 a viaduct1 a principal arterial facility1 or any other transportation facility for which the high speeds1 grade separation1 or other design factors create an obstacle to connectivity1 including-- 7,a7 obstacles to walking1 biking1 and mobility2 7,b7 diminished access to destinations across the infrastructural barrier2 or 7,c7 barriers to the economic development of the surrounding neighborhood4 7#e7 ,low-income community ,the term low-income community means a census block group in which not less than #cj percent of the population lives below the poverty line 7as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb774 7#f7 ,planning and feasibility study grant ,the term planning and feasibility study grant means a planning and feasibility study grant under subsection 7e74 7#g7 ,program ,the term program means the program established under subsection 7b74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#i7 ,tribal government ,the term ,tribal government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a program to help communities-- 7,a7 identify infrastructural barriers within the community that-- 7i7 create obstacles to mobility or economic development2 or 7ii7 expose the community to high levels of particulate matter1 noise pollution1 and other public health and safety risks2 7,b7 study the feasibility of improving1 and develop plans to improve1 community connectivity1 including through-- 7i7 removal or retrofit of an infrastructural barrier2 or 7ii7 construction of facilities to mitigate the obstacle created by the infrastructural barrier by enhancing connectivity across the infrastructural barrier2 7,c7 plan the redevelopment of any land made available by the removal or retrofit of the infrastructural barrier1 with a focus on improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier2 7,d7 access funding to carry out the activities described in subparagraphs 7,b7 and 7,c72 and 7,e7 require the equity of any activities carried out under the program1 including by garnering community engagement1 avoiding displacement1 and ensuring local participation in jobs created through those activities4 7#b7 ,types of grants ,under the program1 the ,secretary shall award the following types of grants3 7,a7 ,community engagement1 education1 and capacity building grants4 7,b7 ,planning and feasibility study grants4 7,c7 ,capital construction grants4 7#c7 ,multiple grants permitted ,an eligible entity may apply for and receive funding from more than #a type of grant described in paragraph 7#b74 7c7 ,requirement for project selection ,to receive a grant under the program1 a project shall provide the majority of project benefits to one or more communities of color or low-income communities4 7d7 ,community engagement1 education1 and capacity building grants 7#a7 ,eligible entities ,the ,secretary may award a community engagement1 education1 and capacity building grant to carry out community engagement1 education1 and capacity building activities described in paragraph 7#b7 to-- 7,a7 a unit of local government2 7,b7 a ,tribal government2 7,c7 a metropolitan planning organization2 and 7,d7 a nonprofit organization4 7#b7 ,eligible activities ,a community engagement and capacity building activity referred to in paragraph 7#a7 includes an activity-- 7,a7 to educate community members about opportunities to affect transportation and economic development planning and investment decisions2 7,b7 to build organizational or community capacity to engage in transportation and economic development planning2 7,c7 to identify community needs and desires for community improvements2 7,d7 to develop community-driven solutions to local challenges2 7,e7 to conduct assessments of equity1 mobility and access1 environmental justice1 affordability1 economic opportunity1 health outcomes1 and other local goals2 7,f7 to form a ,community ,advisory ,board in accordance with subsection 7g72 and 7,g7 to engage community members in scenario planning4 7#c7 ,federal share ,the ,federal share of the cost of an activity carried out with funds from a community engagement1 education1 and capacity building grant may be up to #ajj percent1 at the discretion of the eligible entity4 7e7 ,planning and feasibility study grants 7#a7 ,eligible entities 7,a7 ,in general ,the ,secretary may award a planning and feasibility study grant to carry out planning activities described in paragraph 7#b7 to-- 7i7 a ,state2 7ii7 a unit of local government2 7iii7 a ,tribal government2 7iv7 a metropolitan planning organization2 and 7v7 a nonprofit organization4 7,b7 ,partnerships ,in the case of an eligible entity that is not the owner of the infrastructural barrier that is the subject of the planning and feasibility study grant1 the eligible entity shall demonstrate the existence of a partnership with the owner of the infrastructural barrier4 7#b7 ,eligible activities ,a planning activity referred to in paragraph 7#a77;,a7 includes-- 7,a7 development of designs and artistic renderings to facilitate community engagement2 7,b7 traffic studies1 nonmotorized accessibility analyses1 equity needs analyses1 and collection of other relevant data2 7,c7 planning studies to evaluate the feasibility of removing or retrofitting an infrastructural barrier1 or the construction of facilities to mitigate the obstacle created by the infrastructural barrier by enhancing connectivity across the infrastructural barrier2 7,d7 public engagement activities to provide opportunities for public input into a plan to remove1 convert1 or mitigate an infrastructural barrier2 7,e7 environmental review1 consultation1 or other action required under any ,federal environmental law relating to the review or approval of a project to remove1 retrofit1 or mitigate an existing infrastructural barrier2 7,f7 establishment of a community land trust for the development and use of real estate created by the removal or capping of an infrastructural barrier2 and 7,g7 other transportation planning activities required in advance of a project to remove1 retrofit or mitigate an existing infrastructural barrier1 as determined by the ,secretary4 7#c7 ,federal share ,the ,federal share of the cost of an activity carried out with funds from a planning and feasibility study grant shall be not more than #hj percent4 7f7 ,capital construction grants 7#a7 ,eligible entities ,the ,secretary may award a capital construction grant to the owner of an infrastructural barrier to carry out a project described in paragraph 7#c7 for which all necessary feasibility studies and other planning activities have been completed4 7#b7 ,partnerships ,for the purpose of submitting an application for a capital construction grant1 an owner of an infrastructural barrier may1 if applicable1 partner with-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a ,tribal government2 7,d7 a metropolitan planning organization2 or 7,e7 a nonprofit organization4 7#c7 ,eligible projects 7,a7 ,in general ,a project eligible to be carried out with a capital construction grant includes-- 7i7 the removal of an infrastructural barrier2 7ii7 the retrofit of an infrastructural barrier in a way that enhances community connectivity and is sensitive to the context of the surrounding community1 including retrofits to a highway to cap the facility or replace the facility with an at-grade arterial roadway2 7iii7 the construction of facilities that improve connectivity across the infrastructural barrier2 7iv7 the replacement of an infrastructural barrier with a new use or facility that has been identified by members of the community2 and 7v7 the construction of other transportation improvements that address the mobility needs of the community4 7,b7 ,exclusion ,funds from a capital construction grant shall not be used on a project that increases net capacity for vehicular travel4 7#d7 ,priority for capital construction grants ,in selecting eligible entities to receive a capital construction grant1 the ,secretary shall give priority to an eligible entity that-- 7,a7 has entered into a community benefits agreement with representatives of the community2 7,b7 serves a community in which an anti-displacement policy or a community land trust is in effect2 7,c7 has formed a ,community ,advisory ,board under subsection 7g72 or 7,d7 has demonstrated a plan for-- 7i7 employing residents in the area impacted by the activity or project through targeted hiring programs2 and 7ii7 contracting and subcontracting with disadvantaged business enterprises4 7#e7 ,requirement ,in order to receive a capital construction grant1 the owner of the infrastructural barrier shall demonstrate that the project is supported by the community in the immediate vicinity of the project4 7#f7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share of the cost of a project carried out with a capital construction grant may be not more than #hj percent4 7,b7 ,maximum federal involvement ,federal assistance other than a capital construction grant may be used to satisfy the non-,federal share of the cost of a project for which the grant is awarded4 7g7 ,community advisory board 7#a7 ,in general ,to help achieve inclusive economic development benefits1 an eligible entity may form a community advisory board1 which shall-- 7,a7 facilitate community engagement with respect to the activity or project proposed to be carried out2 and 7,b7 track progress with respect to commitments of the eligible entity to inclusive employment1 contracting1 and economic development under the activity or project4 7#b7 ,membership ,if an eligible entity forms a community advisory board under paragraph 7#a71 the community advisory board shall be composed of representatives of-- 7,a7 the community2 7,b7 owners of businesses that serve the community2 7,c7 labor organizations that represent workers that serve the community2 and 7,d7 ,state and local government4 7h7 ,administrative costs ,for each fiscal year1 the ,secretary may use not more than #b percent of the amounts made available for the program for the costs of administering the program4 7i7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7#a7 assesses the impacts and benefits of highway removals on congestion1 mobility1 and safety in the project vicinity1 and the extent to which those impacts differ from projected impacts2 7#b7 includes recommendations for how traffic forecasting should-- 7,a7 consider nonmotorized travel demand2 and 7,b7 track and be updated in response to observed travel behavior responses to changes in transportation capacity and land use2 and 7#c7 includes recommendations for how environmental reviews for projects funded under the ,federal-aid highway program should consider1 identify1 and quantify1 during project development1 any diminished access1 including nonmotorized access1 that will result from the project4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #b1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #eddb4 ,safer ,healthier ,streets program 7a7 ,definitions ,in this section3 7#a7 ,community of color ,the term community of color means1 in a ,state1 a census block group for which the aggregate percentage of residents who identify as ,black1 ,african-,american1 ,american ,indian1 ,alaska ,native1 ,native ,hawaiian1 ,asian1 ,pacific ,islander1 ,hispanic1 ,latino1 other nonwhite race1 or linguistically isolated is-- 7,a7 not less than #ej percent2 or 7,b7 significantly higher than the ,state average4 7#b7 ,low-income community ,the term low-income community means a census block group in which not less than #cj percent of the population lives below the poverty line 7as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb774 7#c7 ,mobility grant ,the term mobility grant means a grant provided under subsection 7f77#b74 7#d7 ,program ,the term program means the ,safer ,healthier ,streets program established under subsection 7b74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#f7 ,tree canopy grant ,the term tree canopy grant means a grant provided under subsection 7f77#a74 7#g7 ,tribal government ,the term ,tribal government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#h7 ,urbanized area ,the term urbanized area has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7b7 ,establishment ,the ,secretary shall establish a discretionary grant program1 to be known as the ,safer ,healthier ,streets program1 to provide to eligible entities-- 7#a7 tree canopy grants2 and 7#b7 mobility grants4 7c7 ,goals ,the goals of the program are to improve overall health outcomes1 to reduce racial and ethnic health disparities1 and to support local economic development1 including-- 7#a7 with respect to tree canopy grants-- 7,a7 to improve access to green space for low-income communities and communities of color2 7,b7 to improve the equity of tree cover within an urbanized area2 7,c7 to provide traffic calming and reduce the incidence of speeding2 7,d7 to provide for improvements in air quality2 7,e7 to reduce-- 7i7 the extent of impervious surfaces2 7ii7 polluting stormwater runoff2 and 7iii7 flood risks2 7,f7 to provide shade benefits on pedestrian walkways1 bicycle lanes1 and shared-use paths1 and at public transportation stops2 and 7,g7 to mitigate urban heat islands2 and 7#b7 with respect to mobility grants-- 7,a7 to improve access to safe and convenient walking and bicycling facilities for low-income communities and communities of color2 7,b7 to construct new pedestrian walkways1 bicycle lanes1 and shared-use paths2 7,c7 to maintain or improve the condition of pedestrian walkways1 bicycle lanes1 and shared-use paths2 7,d7 to create and expand networks of safe pedestrian walkways1 bicycle lanes1 and shared-use paths1 including through connectivity improvements between existing non-motorized assets2 7,e7 to expand safe walking and biking access to public transportation facilities2 7,f7 to construct safe and convenient roadway crossings for pedestrians and bicyclists2 and 7,g7 to improve safe and convenient pedestrian access for pedestrians and bicyclists to destinations throughout an urbanized area1 including access to jobs1 housing1 healthcare1 schools1 and retail4 7d7 ,eligible entities ,an entity eligible to participate in the program is-- 7#a7 a ,state1 regional1 ,tribal1 or local government or agency1 including a transit agency1 that owns or has responsibility for the public streets1 pedestrian walkways1 bicycle lanes1 shared-use paths1 or other public facility for which funding is sought2 7#b7 a public1 private1 or nonprofit corporation that owns or has responsibility for the public streets or pedestrian walkways1 bicycle lanes1 shared-use paths1 or other public facility for which funding is sought2 and 7#c7 a nonprofit organization working in coordination with an entity described in paragraph 7#a7 or 7#b74 7e7 ,application ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of-- 7#a7 how the eligible entity would use the funds from the grant2 and 7#b7 the contribution that the projects carried out with funds from the grant would make to improving the safety1 health outcomes1 and quality of life in low-income communities and communities of color4 7f7 ,types of grants 7#a7 ,tree canopy grants ,a tree canopy grant shall be used for one or more of the following activities3 7,a7 ,conducting a comprehensive canopy assessment1 which shall-- 7i7 assess the current tree locations and canopy1 including-- 7,i7 an inventory of the location1 species1 condition1 and health of existing tree canopies and trees on public facilities2 7,,ii7 an identification of the locations where trees need to be replaced2 and 7,,iii7 an identification of empty tree boxes or other additional locations where trees could be added2 7ii7 be conducted through on-the-ground inventory and assessment1 in conjunction with additional tools such as light detection and ranging 7commonly known as ,li,d,a,r71 satellite imagery1 or other internet-based tools2 and 7iii7 include a tree canopy needs and equity analysis1 including mapping of-- 7,i7 pedestrian walkways that experience high rates of use or that provide pedestrians with critical connections to jobs1 housing1 healthcare1 schools1 transit1 or retail2 7,,ii7 public transportation stop locations2 7,,iii7 flood-prone locations where trees or other natural infrastructure could mitigate flooding2 7,,iv7 areas of elevated air pollution2 7,v7 urban heat islands1 where temperatures exceed those of surrounding areas2 7,,vi7 areas where tree coverage is lower than in surrounding areas2 7,,vii7 low-income communities2 and 7,,viii7 communities of color4 7,b7 ,community engagement activities to provide opportunities for public input into plans to enhance tree canopy and access to green space4 7,c7 ,setting tree cover goals and implementing an investment plan based on the results of the assessment under subparagraph 7,a7 to increase tree canopy and tree cover1 including equitable access to shade and green space for low-income communities and communities of color by planting trees on public rights-of-way and public facilities4 7,d7 ,purchasing of trees1 site preparation1 planting of trees1 ongoing maintenance and monitoring of trees1 and repair of storm damage to trees1 with priority given to-- 7i7 the planting of native species1 to the extent appropriate2 and 7ii7 projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods4 7,e7 ,assessing the underground infrastructure and coordinating with local transportation and utility providers4 7,f7 ,hiring staff to conduct any of the activities described in this paragraph4 7#b7 ,mobility grants ,a mobility grant shall be used for the planning1 design1 construction1 or improvement of pedestrian walkways or bicycle lanes that are located on a public street or for the planning1 design1 construction1 or improvement of a publicly accessible shared-use path or trail1 including one or more of the following activities3 7,a7 ,conducting a comprehensive mobility assessment1 which shall-- 7i7 assess the condition of pedestrian or bicyclist networks and identify gaps2 7ii7 identify hazardous locations and corridors where fatalities or serious injuries of pedestrians and bicyclists have occurred2 7iii7 measure the level of access by biking and walking to essential destinations1 including access to jobs1 housing1 healthcare1 schools1 public transportation1 and retail2 and 7iv7 include an equity analysis1 including-- 7,i7 mapping of low-income communities and communities of color2 7,,ii7 identifying disparities in the level of access measured under clause 7iii7 in low-income communities and communities of color compared to surrounding areas2 and 7,,iii7 identifying disparities in the condition and extent of pedestrian and bicyclist networks in low-income communities and communities of color compared to surrounding areas4 7,b7 ,community engagement1 education1 capacity building1 and programming-- 7i7 to provide opportunities for public input into plans to expand safe and convenient pedestrian walkways1 bicycle lanes1 and shared-use paths2 7ii7 to identify community needs and develop community-driven mobility solutions2 and 7iii7 to develop and execute community programming that makes active use of a street for community building and for purposes other than driving4 7,c7 ,construction of pedestrian walkways1 bicycle lanes1 and shared-use paths1 including acquisition of necessary rights-of-way4 7,d7 ,improvements to the condition of pedestrian walkways1 bicycle lanes1 and shared-use paths1 including modifications to pedestrian walkways and traffic control devices to comply with accessibility requirements under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7,e7 ,traffic calming1 speed reduction improvements1 and construction of pedestrian crosswalks and intersection improvements designed to enhance the safety and convenience of pedestrians and bicyclists4 7,f7 ,construction or installation of enhancements to pedestrian walkways1 bicycle lanes1 or shared-use paths1 including street lighting1 benches1 parklets1 stormwater management features1 parking1 bike racks1 bike share stations1 and canopies or other shade devices4 7,g7 ,sidewalk improvements to accommodate and conserve street trees4 7,h7 ,hiring staff to conduct any of the activities described in this paragraph4 7g7 ,technical assistance 7#a7 ,in general ,the ,secretary may provide technical assistance to eligible entities under the program for the purpose of developing the technical capacity of the eligible entity for the development of applications under the program or the administration of grant funds under the program4 7#b7 ,application2 solicitation ,the ,secretary shall-- 7,a7 solicit applications from eligible entities for technical assistance under paragraph 7#a72 and 7,b7 select eligible entities to receive technical assistance based on-- 7i7 the inexperience of the eligible entity in applying for or administering ,federal grants2 and 7ii7 whether the eligible entity is located in or serves a low-income community or a community of color4 7h7 ,priority ,in selecting eligible entities to receive grants under the program1 the ,secretary shall give priority to-- 7#a7 an eligible entity proposing to carry out an activity or project in a community that is a low-income community or community of color2 7#b7 an eligible entity that-- 7,a7 has entered into a community benefits agreement with representatives of the community2 7,b7 serves a community in which an anti-displacement policy is in effect2 or 7,c7 has demonstrated a plan for-- 7i7 employing residents in the area impacted by the activity or project through targeted hiring programs2 and 7ii7 contracting and subcontracting with disadvantaged business enterprises2 and 7#c7 an eligible entity that is partnering with a qualified youth or conservation corps 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb774 7i7 ,distribution requirement ,for each fiscal year1 not less than #hj percent of the amounts made available to carry out the program shall be provided for projects in urbanized areas4 7j7 ,federal share 7#a7 ,in general ,except as provided under paragraph 7#b71 the ,federal share of the cost of a project carried out under the program is #hj percent4 7#b7 ,waiver ,the ,secretary may increase the ,federal share requirement under paragraph 7#a7 to #ajj percent for projects carried out by an eligible entity that demonstrates economic hardship4 7k7 ,administration 7#a7 ,administrative costs ,for each fiscal year1 the ,secretary may use not more than #b percent of the amounts made available for the program for the costs of administering the program4 7#b7 ,technical assistance ,for each fiscal year1 the ,secretary may use not more than #aj percent of the amounts made available for the program to provide technical assistance under subsection 7g74 7l7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7#a7 assesses the impact of transportation improvements funded in whole or in part under title #bc1 ,united ,states ,code1 on average traffic speeds1 fatalities1 and serious injuries in the areas in which projects are carried out under the program2 and 7#b7 identifies the amount of funds provided under title #bc1 ,united ,states ,code1 that are used on activities eligible for assistance under the program4 7m7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #a1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #d ,outdoor ,recreation ,legacy ,partnership ,program #edea4 ,definitions ,in this chapter3 7#a7 ,eligible entity 7,a7 ,in general ,the term eligible entity means-- 7i7 a ,state or territory of the ,united ,states2 7ii7 a political subdivision of a ,state or territory of the ,united ,states1 including-- 7,i7 a city2 and 7,,ii7 a county2 7iii7 a special purpose district1 including park districts2 and 7iv7 an ,indian ,tribe4 7,b7 ,political subdivisions and ,indian tribes ,a political subdivision of a ,state or territory of the ,united ,states or an ,indian ,tribe shall be considered an eligible entity only if the political subdivision or ,indian ,tribe represents or otherwise serves a qualifying urban area4 7#b7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,outdoor ,recreation ,legacy ,partnership ,program ,the term ,outdoor ,recreation ,legacy ,partnership ,program means the program established under section #edeb7;a74 7#d7 ,qualifying urban area ,the term qualifying urban area means an area identified by the ,census ,bureau as an urban area in the most recent census4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #edeb4 ,grants authorized 7a7 ,in general ,the ,secretary shall establish an outdoor recreation legacy partnership program under which the ,secretary may award grants to eligible entities for projects-- 7#a7 to acquire land and water for parks and other outdoor recreation purposes2 and 7#b7 to develop new or renovate existing outdoor recreation facilities4 7b7 ,matching requirement 7#a7 ,in general ,as a condition of receiving a grant under subsection 7a71 an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than #ajj percent of the amounts made available under the grant4 7#b7 ,sources ,the matching amounts referred to in paragraph 7#a7 may include amounts made available from ,state1 local1 nongovernmental1 or private sources4 #edec4 ,eligible uses 7a7 ,in general ,a grant recipient may use a grant awarded under this chapter-- 7#a7 to acquire land or water that provides outdoor recreation opportunities to the public2 and 7#b7 to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public1 with priority given to projects that-- 7,a7 create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community2 7,b7 engage and empower underserved communities and youth2 7,c7 provide opportunities for youth employment or job training2 7,d7 establish or expand public-private partnerships1 with a focus on leveraging resources2 and 7,e7 take advantage of coordination among various levels of government4 7b7 ,limitations on use ,a grant recipient may not use grant funds for-- 7#a7 grant administration costs2 7#b7 incidental costs related to land acquisition1 including appraisal and titling2 7#c7 operation and maintenance activities2 7#d7 facilities that support semiprofessional or professional athletics2 7#e7 indoor facilities such as recreation centers or facilities that support primarily non-outdoor purposes2 or 7#f7 acquisition of land or interests in land that restrict access to specific persons4 #eded4 ,national ,park ,service requirements ,in carrying out the ,outdoor ,recreation ,legacy ,partnership ,program1 the ,secretary shall-- 7#a7 conduct an initial screening and technical review of applications received2 and 7#b7 evaluate and score all qualifying applications4 #edee4 ,reporting 7a7 ,annual reports ,not later than #cj days after the last day of each report period1 each ,state lead agency that receives a grant under this chapter shall annually submit to the ,secretary performance and financial reports that-- 7#a7 summarize project activities conducted during the report period2 and 7#b7 provide the status of the project4 7b7 ,final reports ,not later than #ij days after the earlier of the date of expiration of a project period or the completion of a project1 each ,state lead agency that receives a grant under this chapter shall submit to the ,secretary a final report containing such information as the ,secretary may require4 #edef4 ,revenue sharing 7a7 ,in general ,section #aje7;a77#b77;,b7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb7 is amended by inserting before the period at the end 1 of which #bj percent for each of fiscal years #bjbj through #bjee shall be used by the ,secretary of the ,interior to provide grants under chapter #d of subtitle ,d of title ,v of the ,economic ,justice ,act4 7b7 ,supplement not supplant ,amounts made available to the ,outdoor ,recreation ,legacy ,partnership ,program as a result of the amendment made by subsection 7a7 shall supplement and not supplant any other ,federal funds made available to carry out the ,outdoor ,recreation ,legacy ,partnership ,program4 ,e ,labor and wage protections #eeja4 ,labor standards 7a7 ,definitions ,in this section3 7#a7 ,covered construction or maintenance project ,the term covered construction or maintenance project means a construction or maintenance project1 including installation or removal of applicable infrastructure1 that is assisted in whole or in part by funds appropriated or made available under this title or the amendments made by this title1 without regard to the form or type of ,federal assistance provided4 7#b7 ,covered project labor agreement ,the term covered project labor agreement means a project labor agreement that-- 7,a7 binds all contractors and subcontractors on the construction or maintenance project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents2 7,b7 allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement2 7,c7 contains guarantees against strikes1 lockouts1 and other similar job disruptions2 7,d7 sets forth effective1 prompt1 and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement2 and 7,e7 provides other mechanisms for labor-management cooperation on matters of mutual interest and concern1 including productivity1 quality of work1 safety1 and health4 7#c7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that-- 7,a7 establishes the terms and conditions of employment for a specific construction or maintenance project2 and 7,b7 is described in section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7#d7 ,qualified entity ,the term qualified entity means an applicant for certification under subsection 7c7 that the ,secretary of ,labor certifies as a qualified entity in accordance with such subsection4 7#e7 ,registered apprenticeship program ,the term registered apprenticeship program has the meaning given the term apprenticeship program in section #caja7;b74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7b7 ,in general 7#a7 ,application ,notwithstanding any other provision of law1 for fiscal year #bjba and each fiscal year thereafter1 each entity receiving assistance under this title1 or the amendments made by this title1 for a covered construction or maintenance project shall-- 7,a7 as a condition precedent to receiving any such assistance for a covered construction or maintenance project1 be a qualified entity2 and 7,b7 for the duration of the covered construction or maintenance project1 comply with the labor standards under subsection 7d7 with respect to the covered construction or maintenance project4 7#b7 ,inclusion ,notwithstanding any other provision of law1 for fiscal year #bjba and each fiscal year thereafter1 each entity that is awarded a permit or lease by1 or that enters into an agreement with1 the ,federal ,government under this title or the amendments made by this title shall-- 7,a7 as a condition precedent to receiving such award or entering into such agreement1 be a qualified entity2 and 7,b7 for the duration of any covered construction or maintenance project related to the permit1 lease1 or agreement1 comply with the labor standards under subsection 7d7 with respect to the covered construction or maintenance project4 7c7 ,certification of qualified entities 7#a7 ,in general ,the ,secretary shall establish a process to certify entities that submit an application under paragraph 7#b7 as qualified entities with respect to covered construction or maintenance projects4 7#b7 ,application process ,an entity seeking certification as a qualified entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including information to demonstrate compliance with the requirements under subsection 7d74 7#c7 ,requests for additional information 7,a7 ,in general ,not later than #a year after receiving an application from an entity under paragraph 7#b71 the ,secretary may request additional information from the entity in order to determine whether the entity is in compliance with the requirements under subsection 7d74 7,b7 ,additional information timing ,the entity shall provide such additional information within #cj days of the ,secretary's request under subparagraph 7,a74 7#d7 ,determination deadline ,the ,secretary shall make a determination regarding whether to certify an entity under this subsection as a qualified entity not later than-- 7,a7 in a case in which the ,secretary requests additional information described in paragraph 7#c71 #a year after the ,secretary receives such additional information from the entity2 or 7,b7 in a case that is not described in paragraph 7#c77;,a71 #a year after the date on which the entity submits the application under paragraph 7#b74 7#e7 ,remedies 7,a7 ,precertification remedies ,the ,secretary shall consider any corrective actions taken by an entity seeking certification under this subsection to remedy an administrative merits determination1 arbitral award or decision1 or civil judgment identified under subsection 7d77#b77;,c7 and shall impose1 as a condition of certification1 any additional remedies the ,secretary determines necessary1 exclusively in the ,secretary's judgment1 to-- 7i7 fully remedy any such determination1 decision1 or judgment2 and 7ii7 avoid further or repeated violations4 7,b7 ,postcertification remedies ,the ,secretary shall have the authority to pursue and impose any remedies the ,secretary determines necessary1 exclusively in the ,secretary's judgment1 to fully remedy any violation of the requirements under subsection 7d7 by a qualified entity1 including back wages1 reinstatement1 liquidated damages1 treble damages1 civil penalties1 orders to bargain1 injunctive relief1 and any other appropriate remedies4 7d7 ,labor standards requirements 7#a7 ,applicability 7,a7 ,required for certification ,the ,secretary shall require an entity1 as a condition of certification as a qualified entity under subsection 7c71 to satisfy each of the requirements under paragraph 7#b74 7,b7 ,required during duration of project ,a qualified entity shall satisfy the requirements under paragraph 7#b7 for the duration of any covered construction or maintenance project4 7#b7 ,labor standards ,the requirements under this paragraph are the following3 7,a7 ,the entity shall ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of any covered construction or maintenance project shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the ,secretary in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7,b7 ,in the case of any covered construction or maintenance project1 the cost of which exceeds #be1jjj1jjj1 the entity shall be a party to1 or require contractors and subcontractors in the performance of such covered construction or maintenance project to consent to1 a covered project labor agreement4 7,c7 ,the entity1 and all contractors and subcontractors in performance of any covered construction or maintenance project1 shall represent in the application submitted under subsection 7c77#b7 7and periodically thereafter during the performance of the covered construction or maintenance project as the ,secretary may require7 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary1 rendered against the entity in the preceding #c years 7or1 in the case of disclosures after the initial disclosure1 during such period as the ,secretary may provide7 for violations of-- 7i7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7ii7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7iii7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7iv7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7v7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7vi7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7vii7 ,executive ,order #aabdf1 as amended 7relating to equal employment opportunity72 7viii7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7ix7 section #dbab of title #ch1 ,united ,states ,code2 7x7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7xi7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7xii7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7xiii7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7xiv7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 or 7xv7 equivalent ,state laws1 as defined in guidance issued by the ,secretary4 7,d7 ,the entity1 and all contractors and subcontractors in the performance of the covered construction or maintenance project1 shall not require arbitration for any dispute involving an employee1 as described in subparagraph 7,e71 engaged in a service for the entity or any contractor and subcontractor1 or enter into any agreement with such employee requiring arbitration of any such dispute1 unless such employee is covered by a collective bargaining agreement that provides otherwise4 7,e7 ,for purposes of compliance with each ,federal law and ,executive order listed in clauses 7i7 through 7xiv7 of subparagraph 7,c7 and the requirements under this section1 the entity1 and all contractors and subcontractors in the performance of the covered construction or maintenance project of the entity1 shall consider an individual performing any service in the performance of such construction or maintenance project as an employee 7and not an independent contractor7 of the entity or contractor or subcontractor of the entity1 respectively1 unless-- 7i7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact2 7ii7 the service is performed outside the usual course of the business of the entity1 contractor1 or subcontractor1 respectively2 and 7iii7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 7,f7 ,the entity shall prohibit all contractors and subcontractors in the performance of any covered construction or maintenance project of the entity from hiring employees through a temporary staffing agency unless the relevant ,state workforce agency certifies that temporary employees are necessary to address an acute1 short-term labor demand4 7,g7 ,the entity shall require all contractors1 subcontractors1 successors in interest of the entity1 and other entities that may acquire the entity1 in the performance or acquisition of any covered construction or maintenance project1 to have and abide by an explicit neutrality policy on any issue involving the exercise by employees of the entity as described in subparagraph 7,e71 and of all contractors and subcontractors in the performance of any covered construction or maintenance project of the entity1 of the right to organize and bargain collectively through representatives of their own choosing4 7,h7 ,the entity shall require all contractors and subcontractors to participate in a registered apprenticeship program for each skilled craft employed on any construction or maintenance project4 7,i7 ,the entity1 and all contractors and subcontractors in the performance of any covered construction or maintenance project1 shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant1 unless-- 7i7 a background check is otherwise required by law2 7ii7 the position is for a ,federal law enforcement officer 7as defined in section #aae7;c77#a7 of title #ah1 ,united ,states ,code7 position2 or 7iii7 the ,secretary1 after consultation with the ,secretary of ,energy1 certifies that precluding criminal history prior to the conditional offer would pose a threat to national security4 7e7 ,davis-,bacon ,act ,the ,secretary shall have1 with respect to the labor standards described in subsection 7d77#b77;,a71 the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7f7 ,employee coverage for the purposes of projects under this title ,notwithstanding any other provision of law1 for purposes of each ,federal law and ,executive order listed in clauses 7i7 through 7xiv7 of subsection 7d77#b77;,c7 and for purposes of compliance with the requirements under this title1 any individual performing any service in the performance of a construction or maintenance project for an entity1 or a contractor or subcontractor of such entity1 shall be an employee 7and not an independent contractor7 of the entity1 contractor1 or subcontractor1 respectively1 with regard to the service performed in the performance of such project unless-- 7#a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact2 7#b7 the service is performed outside the usual course of the business of the entity1 contractor1 or subcontractor1 respectively2 and 7#c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 7g7 ,period of validity for certifications ,a certification made under subsection 7c7 shall be in effect for a period of #e years4 ,an entity may reapply to the ,secretary for an additional certification under this section in accordance with the application process under subsection 7c77#b74 7h7 ,revocation of qualified entity status ,the ,secretary may revoke the certification of an entity under subsection 7c7as a qualified entity at any time in which the ,secretary reasonably determines the entity is no longer in compliance with the requirements of subsection 7d74 7i7 ,certification may cover more than #a substantially similar project ,the ,secretary may make certifications under subsection 7c7 that apply with respect to more than #a construction or maintenance project if the projects to which such certification apply are substantially similar projects which meet the requirements of this section4 ,such projects shall be treated as a specific construction or maintenance project for purposes of subsection 7a77#b74 7j7 ,application of labor standards to wood heater emissions reductions grant program ,with respect to the wood heater emissions reductions grant program established under section #eeca7;b7 and notwithstanding any other provision of this section1 the requirements of this section shall apply only to work performed on multifamily buildings4 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjbj and each fiscal year thereafter4 #eejb4 ,wage rate 7a7 ,davis-,bacon ,act 7#a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjba and each fiscal year thereafter1 all laborers and mechanics employed by contractors or subcontractors on projects assisted in whole or in part under this title or the amendments made by this title1 without regard to the form or type of ,federal assistance provided1 shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the ,secretary in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7b7 ,service employees 7#a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjba and each fiscal year thereafter1 all service employees1 including service employees that are routine operations workers or routine maintenance workers1 who are not subject to subsection 7a7 and are employed by contractors or subcontractors on projects assisted in whole or in part under this title or the amendments made by this title1 without regard to the form or type of ,federal assistance provided1 shall be paid a wage and fringe benefits that are not less than the minimum wage and fringe benefits established in accordance with chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act74 7#b7 ,definition of service employee ,in this subsection1 the term service employee-- 7,a7 means an individual engaged in the performance of a project assisted in whole or in part under this title or the amendments made by this title1 without regard to the form or type of ,federal assistance provided1 the principal purpose of which is to furnish services in the ,united ,states2 7,b7 includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor2 but 7,c7 does not include an individual employed in a bona fide executive1 administrative1 or professional capacity1 as those terms are defined in part #eda of title #bi1 ,code of ,federal ,regulations4 7#c7 ,authority ,with respect to paragraphs 7#a7 and 7#b71 the ,secretary of ,labor shall have the authority and functions set forth in chapter #fg of title #da1 ,united ,states ,code4 7c7 ,application of labor standards to wood heater emissions reductions grant program ,with respect to the wood heater emissions reductions grant program established under section #eeca7;b7 and notwithstanding any other provision of this section1 the requirements of this section shall apply only to work performed on multifamily buildings4 #eejc4 ,infrastructure workforce equity capacity building program 7a7 ,definitions ,in this section3 7#a7 ,individual with a barrier to employment ,the term individual with a barrier to employment has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,registered apprenticeship program ,the term registered apprenticeship program has the meaning given the term apprenticeship program in section #caja7;b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#d7 ,workforce intermediary ,the term workforce intermediary means an entity that-- 7,a7 has an affiliate network or offices in not less than #c communities and across not less than #b ,states2 7,b7 has the programmatic capability to serve individuals with a barrier to employment or individuals who are traditionally underrepresented in infrastructure industries2 7,c7 has clearly and convincingly demonstrated the capacity to carry out activities described in subsection 7d72 and 7,d7 submits an application in accordance with subsection 7c74 7b7 ,capacity building program 7#a7 ,in general ,from the funds appropriated under subsection 7f71 the ,secretary shall award grants1 contracts1 or other agreements or arrangements as the ,secretary determines appropriate1 to workforce intermediaries for the purpose of building the capacity of entities receiving grants for construction on federally assisted projects under this title to implement the activities and services described in subsection 7d7 to more effectively serve individuals with a barrier to employment1 including ex-offenders or individuals who are traditionally underrepresented in the targeted infrastructure industry served through the job training program supported under such title4 7#b7 ,amount ,the amount of a grant awarded under this section may not exceed #c1jjj1jjj4 7c7 ,application ,a workforce intermediary seeking an award under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as required by the ,secretary1 including a detailed description of the following3 7#a7 ,the extent to which the workforce intermediary has experience in conducting outreach and technical assistance to employers1 businesses1 labor-management organizations1 the public workforce system1 industry groups1 and other stakeholders that are interested in diversifying new or existing registered apprenticeship programs1 pre-apprenticeship programs1 and work-based learning programs2 7#b7 ,the extent to which the workforce intermediary has experience meeting the workforce development needs of individuals with a barrier to employment and individuals who are traditionally underrepresented in infrastructure industries2 7#c7 ,the extent to which the workforce intermediary has experience with and capability to facilitate-- 7,a7 formal agreements between pre-apprenticeship programs1 with at least one sponsor of a registered apprenticeship program2 7,b7 public private partnership building2 7,c7 supportive services2 and 7,d7 mentoring programs4 7#d7 ,the capability of the workforce intermediary to provide the technical assistance required to increase diversity among participants in registered apprenticeship programs or pre-apprenticeship programs4 7#e7 ,the capability of the workforce intermediary to measure the impact of targeted strategies and technical assistance4 7d7 ,use of funds ,a qualified entity receiving a grant under this section shall use grant funds to provide technical assistance to entities receiving a grant under this title in order for such entities to carry out the following activities and services3 7#a7 ,providing professional development activities4 7#b7 ,the provision of outreach and recruitment activities1 including assessments of potential participants for such activities1 and enrollment of participants4 7#c7 ,the coordination of services across providers and programs4 7#d7 ,the development of performance accountability measures4 7#e7 ,connecting employers to-- 7,a7 work-based learning programs2 7,b7 registered apprenticeship programs2 or 7,c7 pre-apprenticeship programs with a formal agreement with one or more registered apprenticeship programs4 7#f7 ,assisting in the design and implementation of registered apprenticeship programs and pre-apprenticeship programs1 including curriculum development and delivery for related instruction4 7#g7 ,developing and providing personalized program participant supports1 including by partnering with organizations to provide access to or referrals for supportive services and financial advising4 7#h7 ,providing services1 resources1 and supports for development1 delivery1 expansion1 or improvement of work-based learning programs1 registered apprenticeship programs1 or pre-apprenticeship programs4 7e7 ,report ,a workforce intermediary receiving a grant under this section shall1 not later than #f months after the grant is awarded1 submit to the ,secretary a report that includes-- 7#a7 the impact of the technical assistance provided under this section2 and 7#b7 such other criteria as determined by the ,secretary4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aej1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbd4 #eejd4 ,severability ,if any provision of this subtitle1 any amendment made by this subtitle1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of such provision or amendment to any other person or circumstance shall not be affected4 ,,vi ,new homebuyers down payment tax credit #fjja4 ,down payment tax credit for first-time homebuyers 7a7 ,in general ,section #cf of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #cf4 ,down payment tax credit for first-time homebuyers 7a7 ,allowance of credit ,in the case of an individual who is a first-time homebuyer of a principal residence in the ,united ,states during a taxable year1 there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to #f percent of the purchase price of the residence4 7b7 ,limitations2 special rules based on marital and filing status 7#a7 ,dollar limitation ,the credit allowed under subsection 7a7 shall not exceed #ae1jjj4 7#b7 ,limitation based on purchase price ,the amount allowable as a credit under subsection 7a7 7determined without regard to this paragraph and paragraph 7#c71 and after the application of paragraph 7#a77 for the taxable year shall be reduced 7but not below zero7 by the amount which bears the same ratio to the amount which is so allowable as-- 7,a7 the excess 7if any7 of-- 7i7 the purchase price of the residence1 over 7ii7 #djj1jjj1 bears to 7,b7 #ajj1jjj4 7#c7 ,limitation based on modified adjusted gross income 7,a7 ,in general ,the amount allowable as a credit under subsection 7a7 7determined without regard to this paragraph and after the application of paragraphs 7#a7 and 7#b77 for the taxable year shall be reduced 7but not below zero7 by the amount which bears the same ratio to the amount which is so allowable as-- 7i7 the excess 7if any7 of-- 7,i7 the taxpayer's modified adjusted gross income for such taxable year1 over 7,,ii7 #ajj1jjj 7#bjj1jjj in the case of a joint return71 bears to 7ii7 #bj1jjj4 7,b7 ,modified adjusted gross income ,for purposes of subparagraph 7,a71 the term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7#d7 ,age limitation ,no credit shall be allowed under subsection 7a7 with respect to the purchase of any residence for a taxable year if-- 7,a7 the taxpayer has not attained age #ah as of the date of such purchase1 or 7,b7 a deduction under section #aea with respect to the taxpayer is allowable to another taxpayer for the taxable year4 ,in the case of a taxpayer who is married1 the taxpayer shall be treated as meeting the age requirement of subparagraph 7,a7 if the taxpayer or the taxpayer's spouse meets such age requirement4 7#e7 ,multiple purchasers ,if two or more individuals who are not married purchase a principal residence1 the amount of the credit under subsection 7a7 shall be allocated among such individuals in such manner as the ,secretary may prescribe by taking into account the requirements of paragraphs 7#b7 and 7#c71 except that the total amount of the credits allowed to all such individuals shall not exceed #ae1jjj4 7#f7 ,married couples must file joint return ,if an individual is married at the close of the taxable year1 the credit shall be allowed under subsection 7a7 only if the individual and the individual's spouse file a joint return for the taxable year4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,first-time homebuyer 7,a7 ,in general ,the term first-time homebuyer means any individual who acquires a principal residence by purchase if such individual 7and1 if married1 such individual's spouse7-- 7i7 has not claimed any credit or deduction under this title for any previous taxable year with respect to the purchase or ownership of any residence or residential real estate 7including for any expenditures relating to the placing in service of any property on1 in connection with1 or for use in such a residence or real estate71 and 7ii7 attests under penalty of perjury that-- 7,i7 the individual 7and1 if married1 the individual's spouse7 has not owned a principal residence at any time prior to the purchase of the principal residence to which this section applies1 and 7,,ii7 the principal residence to which this section applies was not acquired from a person related to such individual or spouse4 7,b7 ,waiver in case of certain changes in status ,the ,secretary may1 in such manner as the ,secretary may prescribe1 waive the requirements of subparagraph 7,a7 for a taxable year in the case of an individual who is not eligible to file a joint return for the taxable year1 and who was married at the time the individual or the individual's former spouse purchased a previous residence4 7#b7 ,principal residence ,the term principal residence has the same meaning as when used in section #aba4 7#c7 ,purchase 7,a7 ,in general ,the term purchase means any acquisition1 but only if-- 7i7 the property is not acquired from a person related to the person acquiring such property 7or1 if either such person is married1 such individual's spouse71 and 7ii7 the basis of the property in the hands of the person acquiring such property is not determined-- 7,i7 in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired1 or 7,,ii7 under section #ajad7;a74 7,b7 ,construction ,a residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence4 7#d7 ,purchase price ,the term purchase price means the adjusted basis 7without regard to any reduction under section #ajaf7;a77#ch77 of the principal residence on the date such residence is purchased4 7#e7 ,related persons ,a person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section #bfg or #gjg7;b7 7but1 in applying subsections 7b7 and 7c7 of section #bfg for purposes of this section1 paragraph 7#d7 of section #bfg7;c7 shall be treated as providing that the family of an individual shall include only the individual's spouse1 ancestors1 lineal descendants1 and spouse's ancestors and lineal descendants74 7#f7 ,marital status ,an individual's marital status shall be determined in accordance with section #ggjc4 7d7 ,denial and recapture rules in case of disposal of residence within #e taxable years 7#a7 ,denial of credit in case of disposal within taxable year ,no credit under subsection 7a7 shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if the taxpayer disposes of such residence 7or such residence ceases to be the principal residence of the taxpayer 7and1 if married1 the taxpayer's spouse77 before the close of such taxable year4 7#b7 ,partial recapture 7,a7 ,in general ,except as provided in subparagraph 7,d71 if the taxpayer disposes of the residence with respect to which a credit was allowed under subsection 7a7 7or such residence ceases to be the principal residence of the taxpayer 7and1 if married1 the taxpayer's spouse77 during the #d-taxable-year period beginning with the taxable year immediately following the credit year1 the tax imposed by this chapter for the taxable year in which such disposal 7or cessation7 occurs shall be increased by an amount equal to the recapture percentage of the amount of the credit so allowed4 7,b7 ,credit year ,for purposes of subparagraph 7,a71 the term credit year means the taxable year in which the credit under subsection 7a7 was allowed4 7,c7 ,recapture percentage ,for purposes of subparagraph 7,a71 the recapture percentage with respect to any disposal or cessation described in such subparagraph shall be determined in accordance with the following table3 ,if the disposal or cessation,the recapture occurs in3percentage is3the #ast taxable year beginning after the credit year#hj percentthe #bnd taxable year beginning after the credit year#fj percentthe #crd taxable year beginning after the credit year#dj percentthe #dth taxable year beginning after the credit year#bj percent4 7,d7 ,exceptions ,this paragraph shall not apply in the case of a disposal or cessation described in subparagraph 7,a7 which occurs after or incident to any of the following3 7i7 ,death of the taxpayer or the taxpayer's spouse4 7ii7 ,divorce of the taxpayer4 7iii7 ,involuntary conversion of the residence 7within the meaning of section #aba7;d77#e77;,a774 7iv7 ,relocation of duty station or qualified official extended duty 7as defined in section #aba7;d77#i77;,c77 of the taxpayer or the taxpayer's spouse who is a member of the uniformed services 7as defined in section #aba7;d77#i77;,c77ii771 a member of the ,foreign ,service of the ,united ,states 7as defined in section #aba7;d77#i77;,c77iii771 or an employee of the intelligence community 7as defined in section #aba7;d77#i77;,c77iv774 7v7 ,change of employment of the taxpayer or the taxpayer's spouse which meets the conditions of section #bag7;c74 7vi7 ,loss of employment1 health conditions1 or such other unforeseen circumstances as may be specified by the ,secretary4 7e7 ,adjustment to basis ,for purposes of this subtitle1 if a credit is allowed under this section with respect to any property1 the taxpayer's basis in such property shall be reduced by the amount of the credit so allowed4 7f7 ,reporting 7#a7 ,in general ,a credit shall be allowed under this section only if the following are included on the return of tax3 7,a7 ,the individual's 7and1 if married1 the individual's spouse's7 social security number issued by the ,social ,security ,administration4 7,b7 ,the street address 7not including a post office box7 of the principal residence purchased4 7,c7 ,the purchase price of the principal residence4 7,d7 ,the date of purchase of the principal residence4 7,e7 ,the closing disclosure relating to the purchase 7in the case of a purchase financed by a mortgage74 7#b7 ,reporting of real estate transactions ,if the ,secretary requires information reporting under section #fjde by a person described in subsection 7e77#b7 thereof to verify the eligibility of taxpayers for the credit allowable by this section1 the exception provided by section #fjde7;e77#e7 shall not apply4 7g7 ,termination ,subsection 7a7 shall not apply to any purchase of a principal residence after ,december #ca1 #bjba4 4 7b7 ,conforming amendment relating to basis adjustment ,subsection 7a7 of section #ajaf of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and at the end of paragraph 7#cg71 7#b7 by redesignating paragraph 7#ch7 as paragraph 7#ci71 and 7#c7 by inserting after paragraph 7#cg7 the following new paragraph3 7#ch7 to the extent provided in section #cf7;e74 4 7c7 ,conforming amendment ,section #bf7;b77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking subparagraph 7,w7 and by redesignating subparagraphs 7,x7 and 7,y7 as subparagraphs 7,w7 and 7,x71 respectively4 7d7 ,clerical amendment ,the item relating to section #cf in the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended to read as follows3 ,sec4 #cf4 ,down payment tax credit for first-time homebuyers4 4 7e7 ,authority ,to treat claim of credit as error1 etc ,subparagraph 7,n7 of section #fbac7;g77#b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7,n7 in the case of a return claiming the credit under section #cf-- 7i7 the omission of a social security number required under section #cf7;f77#a77;,a71 7ii7 the inclusion of a social security number so required if-- 7,i7 the claim of the credit on the return reflects the treatment of such individual as being of an age different from the individual's age based on such social security number1 or 7,,ii7 except as provided in section #cf7;c77#a77;,b71 such social security number has been included 7other than as a dependent for purposes of section #aea7 on a return for any previous taxable year claiming any credit or deduction described in section #cf7;c77#a77;,a77i71 7iii7 the omission of any other required information or documentation described in section #cf7;f77#a71 including the inclusion of a post office box instead of a street address for the purchased residence1 7iv7 the inclusion of any information or documentation described in clause 7iii7 if such information or documentation does not support a valid claim for the credit1 or 7v7 a claim of such credit for a taxable year with respect to the purchase of a residence made after the last day of such taxable year1 or 4 7f7 ,,irs recordkeeping ,notwithstanding the limitations on assessment and collection under section #feja of the ,internal ,revenue ,code of #aihf1 the ,commissioner of ,internal ,revenue shall maintain in perpetuity records of returns and return information 7as defined in section #fajc7;b77#b7 of such ,code7 of any taxpayer claiming the credit under section #cf of such ,code 7as amended by this section7 for the taxable year in which such credit is claimed and succeeding taxable years4 ,the ,commissioner may1 in the ,commissioner's discretion1 discard such records within a reasonable amount of time after the death of such taxpayer 7and1 if married1 the taxpayer's spouse74 7g7 ,advanceability of credit 7#a7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or such ,secretary's delegate7 shall report to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives on administrative options developed by such ,secretary 7or delegate7 for making the credit under section #cf of the ,internal ,revenue ,code of #aihf1 as amended by this ,act1 advanceable to the taxpayer at the time of purchase of the principal residence with respect to which such credit is determined4 7#b7 ,regulations ,the ,secretary of the ,treasury 7or such ,secretary's delegate7 shall promulgate regulations or other guidance implementing advanceability of the credit under such section #cf based on feedback from the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives on the report required by paragraph 7#a74 7h7 ,effective date ,the amendments made by this section shall apply to residences purchased in taxable years beginning after ,december #ca1 #bjbj4 ,,vii ,renters and low-income housing tax credits #gjja4 ,renters credit 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf;,b the following new section3 #cf;,c4 ,renters credit 7a7 ,determination of credit amount 7#a7 ,in general ,there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of the amounts determined under paragraph 7#b7 for all qualified buildings with a credit period which includes months occurring during the taxable year4 7#b7 ,qualified building amount ,the amount determined under this paragraph with respect to any qualified building for any taxable year shall be an amount equal to the lesser of-- 7,a7 the aggregate qualified rental reduction amounts for all eligible units within such building for months occurring during the taxable year which are within the credit period for such building1 or 7,b7 the rental reduction credit amount allocated to such building for such months4 7#c7 ,qualified building ,for purposes of this section-- 7,a7 ,in general ,the term qualified building means any building which is residential rental property 7as defined in section #afh7;e77#b77;,a77 of the taxpayer with respect to which-- 7i7 a rental reduction credit amount has been allocated by a rental reduction credit agency of a ,state1 and 7ii7 a qualified rental reduction agreement is in effect4 7,b7 ,building not disqualified by other assistance ,a building shall not fail to be treated as a qualified building merely because-- 7i7 a credit was allowed under section #db with respect to such building or there was any other ,federal assistance in the construction or rehabilitation of such building1 or 7ii7 ,federal rental assistance was provided for such building during any period preceding the credit period4 7b7 ,qualified rental reduction amount ,for purposes of this section-- 7#a7 ,in general ,the term qualified rental reduction amount means1 with respect to any eligible unit for any month1 an amount equal to the applicable percentage 7as determined under subsection 7e77#a77 of the excess of-- 7,a7 the applicable rent for such unit1 over 7,b7 the family rental payment required for such unit4 7#b7 ,applicable rent 7,a7 ,in general ,the term applicable rent means1 with respect to any eligible unit for any month1 the lesser of-- 7i7 the amount of rent which would be charged for a substantially similar unit with the same number of bedrooms in the same building which is not an eligible unit1 or 7ii7 an amount equal to the market rent standard for such unit4 7,b7 ,market rent standard 7i7 ,in general ,the market rent standard with respect to any eligible unit is-- 7,i7 the small area fair market rent determined by the ,secretary of ,housing and ,urban ,development for units with the same number of bedrooms in the same zip code tabulation area1 or 7,,ii7 if there is no rent described in subclause 7,i7 for such area1 the fair market rent determined by such ,secretary for units with the same number of bedrooms in the same county4 7ii7 ,state option ,a ,state may in its rental reduction allocation plan provide that the market rent standard for all 7or any part7 of a zip code tabulation area or county within the ,state shall be equal to a percentage 7not less than #ge nor more than #abe7 of the amount determined under clause 7i7 7after application of clause 7iii77 for such area or county4 7iii7 ,minimum amount ,notwithstanding clause 7i71 the market rent standard with respect to any eligible unit for any year in the credit period after the first year in the credit period for such unit shall not be less than the market rent standard determined for such first year4 7#c7 ,family rental payment requirements 7,a7 ,in general ,each qualified rental reduction agreement with respect to any qualified building shall require that the family rental payment for an eligible unit within such building for any month shall be equal to the lesser of-- 7i7 #cj percent of the monthly family income of the residents of the unit 7as determined under subsection 7e77#e771 or 7ii7 the applicable rent for such unit4 7,b7 ,utility costs ,any utility allowance 7determined by the ,secretary in the same manner as under section #db7;g77#b77;,b77ii77 paid by residents of an eligible unit shall be taken into account as rent in determining the family rental payment for such unit for purposes of this paragraph4 7c7 ,rental reduction credit amount ,for purposes of this section-- 7#a7 ,determination of amount 7,a7 ,in general ,the term rental reduction credit amount means1 with respect to any qualified building1 the dollar amount which is allocated to such building 7and to eligible units within such building7 under this subsection4 ,such dollar amount shall be allocated to months in the credit period with respect to such building 7and such units7 on the basis of the estimates described in paragraph 7#b77;,b74 7,b7 ,allocation on project basis ,in the case of a project which includes 7or will include7 more than #a building1 the rental reduction credit amount shall be the dollar amount which is allocated to such project for all buildings included in such project4 ,subject to the limitation under subsection 7e77#c77;,b71 such amount shall be allocated among such buildings in the manner specified by the taxpayer unless the qualified rental reduction agreement with respect to such project provides for such allocation4 7#b7 ,state allocation 7,a7 ,in general ,except as provided in subparagraph 7,c71 each rental reduction credit agency of a ,state shall each calendar year allocate its portion of the ,state rental reduction credit ceiling to qualified buildings 7and to eligible units within each such building7 in accordance with the ,state rental reduction allocation plan4 7,b7 ,allocations to each building ,the rental reduction credit amount allocated to any qualified building shall not exceed the aggregate qualified rental reduction amounts which such agency estimates will occur over the credit period for eligible units within such building1 based on reasonable estimates of rents1 family incomes1 and vacancies in accordance with procedures established by the ,state as part of its ,state rental reduction allocation plan4 7,c7 ,specific allocations 7i7 ,nonprofit organizations ,at least #be percent of the ,state rental reduction credit ceiling for any ,state for any calendar year shall be allocated to qualified buildings in which a qualified nonprofit organization 7as defined in section #db7;h77#e77;,c77 owns 7directly or through a partnership7 an interest and materially participates 7within the meaning of section #dfi7;h77 in the operation of the building throughout the credit period4 ,a ,state may waive or lower the requirement under this clause for any calendar year if it determines that meeting such requirement is not feasible4 7ii7 ,rural areas 7,i7 ,in general ,the ,state rental reduction credit ceiling for any ,state for any calendar year shall be allocated to buildings in rural areas 7as defined in section #ebj of the ,housing ,act of #aidi7 in an amount which1 as determined by the ,secretary of ,housing and ,urban ,development1 bears the same ratio to such ceiling as the number of extremely low-income households with severe rent burdens in such rural areas bears to the total number of such households in the ,state4 7,,ii7 ,alternative #e-year testing period ,in the case of the #e-;calendar year period beginning in #bjba1 a ,state shall not be treated as failing to meet the requirements of subclause 7,i7 for any calendar year in such period if1 as determined by the ,secretary1 the average annual amount allocated to such rural areas during such period meets such requirements4 7#c7 ,application of allocated credit amount 7,a7 ,amount available to taxpayer for all months in credit period ,any rental reduction credit amount allocated to any qualified building out of the ,state rental reduction credit ceiling for any calendar year shall apply to such building for all months in the credit period ending during or after such calendar year4 7,b7 ,ceiling for allocation year reduced by entire credit amount ,any rental reduction credit amount allocated to any qualified building out of an allocating agency's ,state rental reduction credit ceiling for any calendar year shall reduce such ceiling for such calendar year by the entire amount so allocated for all months in the credit period 7as determined on the basis of the estimates under paragraph 7#b77;,b77 and no reduction shall be made in such agency's ,state rental reduction credit ceiling for any subsequent calendar year by reason of such allocation4 7#d7 ,state rental reduction credit ceiling 7,a7 ,in general ,the ,state rental reduction credit ceiling applicable to any ,state for any calendar year shall be an amount equal to the sum of-- 7i7 the greater of-- 7,i7 the per capita dollar amount multiplied by the ,state population1 or 7,,ii7 the minimum ceiling amount1 plus 7ii7 the amount of the ,state rental reduction credit ceiling returned in the calendar year4 7,b7 ,return of ,state ceiling amounts ,for purposes of subparagraph 7,a77ii71 except as provided in subsection 7d77#b71 the amount of the ,state rental reduction credit ceiling returned in a calendar year equals the amount of the rental reduction credit amount allocated to any building which1 after the close of the calendar year for which the allocation is made-- 7i7 is canceled by mutual consent of the rental reduction credit agency and the taxpayer because the estimates made under paragraph 7#b77;,b7 were substantially incorrect1 or 7ii7 is canceled by the rental reduction credit agency because the taxpayer violates the qualified rental reduction agreement and1 under the terms of the agreement1 the rental reduction credit agency is authorized to cancel all 7or any portion7 of the allocation by reason of the violation4 7,c7 ,per capita dollar amount2 minimum ceiling amount ,for purposes of this paragraph-- 7i7 ,per capita dollar amount ,the per capita dollar amount is-- 7,i7 for each of calendar years #bjba1 #bjbb1 #bjbc1 #bjbd1 and #bjbe1 #ad4ce1 and 7,,ii7 for any calendar year after #bjbe1 zero4 7ii7 ,minimum ceiling amount ,the minimum ceiling amount is-- 7,i7 for each of calendar years #bjba1 #bjbb1 #bjbc1 #bjbd1 and #bjbe1 #be1jjj1jjj1 and 7,,ii7 for any calendar year after #bjbe1 zero4 7,d7 ,population ,for purposes of this paragraph1 population shall be determined in accordance with section #adf7;j74 7,e7 ,unused rental reduction credit allocated among certain ,states 7i7 ,in general ,the unused rental reduction credit of a ,state for any calendar year shall be assigned to the ,secretary for allocation among qualified ,states for the succeeding calendar year4 7ii7 ,unused rental reduction credit ,for purposes of this subparagraph1 the unused rental reduction credit of a ,state for any calendar year is the excess 7if any7 of-- 7,i7 the ,state rental reduction credit ceiling for the year preceding such year1 over 7,,ii7 the aggregate rental reduction credit amounts allocated for such year4 7iii7 ,formula for allocation of unused credit among qualified ,states ,the amount allocated under this subparagraph to a qualified ,state for any calendar year shall be the amount determined by the ,secretary to bear the same ratio to the aggregate unused rental reduction credits of all ,states for the preceding calendar year as such ,state's population for the calendar year bears to the population of all qualified ,states for the calendar year4 ,for purposes of the preceding sentence1 population shall be determined in accordance with section #adf7;j74 7iv7 ,qualified ,state ,for purposes of this subparagraph1 the term qualified ,state means1 with respect to a calendar year1 any ,state-- 7,i7 which allocated its entire ,state rental reduction credit ceiling for the preceding calendar year1 and 7,,ii7 for which a request is made 7at such time and in such manner as the ,secretary may prescribe7 to receive an allocation under clause 7iii74 7#e7 ,other definitions ,for purposes of this section-- 7,a7 ,rental reduction credit agency ,the term rental reduction credit agency means any agency authorized by a ,state to carry out this section4 ,such authorization shall include the jurisdictions within the ,state where the agency may allocate rental reduction credit amounts4 7,b7 ,possessions treated as ,states ,the term ,state includes a possession of the ,united ,states4 7,c7 ,family ,the term family has the same meaning as when used in the ,united ,states ,housing ,act of #aicg4 7d7 ,modifications ,to correct inaccurate amounts due to incorrect estimates 7#a7 ,establishment of reserves 7,a7 ,in general ,each rental reduction credit agency of a ,state shall establish a reserve for the transfer and reallocation of amounts pursuant to this paragraph1 and notwithstanding any other provision of this section1 the rental reduction credit amount allocated to any building by such agency shall be zero unless such agency has in effect such a reserve at the time of the allocation of such credit amount4 7,b7 ,transfers to reserve 7i7 ,in general ,if1 for any taxable year1 a taxpayer would 7but for this subparagraph7 not be able to use the entire rental reduction credit amount allocated to a qualified building by a rental reduction credit agency of a ,state for the taxable year because of a rental reduction shortfall1 then the taxpayer shall for the taxable year transfer to the reserve established by such agency under subparagraph 7,a7 an amount equal to such rental reduction shortfall4 7ii7 ,rental reduction shortfall ,for purposes of this subparagraph1 the rental reduction shortfall for any qualified building for any taxable year is the amount by which the aggregate amount of the excesses determined under subsection 7b77#a7 for all eligible units within such building are less than such aggregate amount estimated under subsection 7c77#b77;,b7 for the taxable year4 7iii7 ,treatment of transferred amount ,for purposes of subsection 7a77#b77;,a71 the aggregate qualified rental reduction amounts for all eligible units within a qualified building with respect to which clause 7i7 applies for any taxable year shall be increased by an amount equal to the applicable percentage 7determined under subsection 7e77#a7 for the building7 of the amount of the transfer to the reserve under clause 7i7 with respect to such building for such taxable year4 7,c7 ,reallocation of amounts transferred 7i7 ,in general ,if1 for any taxable year-- 7,i7 the aggregate qualified rental reduction amounts for all eligible units within a qualified building for the taxable year exceed 7,,ii7 the rental reduction credit amount allocated to such building by a rental reduction credit agency of a ,state for the taxable year 7determined after any increase under paragraph 7#b771 the rental reduction credit agency shall1 upon application of the taxpayer1 pay to the taxpayer from the reserve established by such agency under subparagraph 7,a7 the amount which1 when multiplied by the applicable percentage 7determined under subsection 7e77#a7 for the building71 equals such excess4 ,if the amount in the reserve is less than the amounts requested by all taxpayers for taxable years ending within the same calendar year1 the agency shall ratably reduce the amount of each payment otherwise required to be made4 7ii7 ,excess reserve amounts ,if a rental reduction credit agency of a ,state determines that the balance in its reserve is in excess of the amounts reasonably needed over the following #e calendar years to make payments under clause 7i71 the agency may withdraw such excess but only to-- 7,i7 reduce the rental payments of eligible tenants in a qualified building in units other than eligible units1 or of eligible tenants in units in a building other than a qualified building1 to amounts no higher than the sum of rental payments required for eligible tenants in qualified buildings under subsection 7b77#c7 and any rental charges to such tenants in excess of the market rent standard2 or 7,,ii7 address maintenance and repair needs in qualified buildings that cannot reasonably be met using other resources available to the owners of such buildings4 7,d7 ,administration ,each rental reduction credit agency of a ,state shall establish procedures for the timing and manner of transfers and payments made under this paragraph4 7,e7 ,special rule for projects ,in the case of a rental reduction credit allocated to a project consisting of more than #a qualified building1 a taxpayer may elect to have this paragraph apply as if all such buildings were #a qualified building if the applicable percentage for each such building is the same4 7,f7 ,alternative methods of transfer and reallocation ,upon request to1 and approval by1 the ,secretary1 a ,state may establish an alternative method for the transfer and reallocation of amounts otherwise required to be transferred to1 and allocated from1 a reserve under this paragraph4 ,any ,state adopting an alternative method under this subparagraph shall1 at such time and in such manner as the ,secretary prescribes1 provide to the ,secretary and the ,secretary of ,housing and ,urban ,development detailed reports on the operation of such method1 including providing such information as such ,secretaries may require4 7#b7 ,allocation of returned ,state ceiling amounts ,in the case of any rental reduction credit amount allocated to a qualified building which is canceled as provided in subsection 7c77#d777;,b77i71 the rental reduction credit agency may1 in lieu of treating such allocation as a returned credit amount under subsection 7c77#d77;,a77ii71 elect to allocate1 upon the request of the taxpayer1 such amount to any other qualified building for which the credit amount allocated in any preceding calendar year was too small because the estimates made under subsection 7c77#b77;,b7 were substantially incorrect4 7#c7 ,renting to noneligible tenants ,if1 after the application of paragraphs 7#a77;,c7 7or any similar reallocation under paragraph 7#a77;,f77 and 7#b71 a rental reduction credit agency of a ,state determines that1 because of the incorrect estimates under subsection 7c77#b77;,b71 the aggregate qualified rental reduction amounts for all eligible units within a qualified building will 7on an ongoing basis7 exceed the rental reduction credit amount allocated to such building1 a taxpayer may elect1 subject to subsection 7g77#b7 and only to the extent necessary to eliminate such excess1 rent vacant eligible units without regard to the requirements that such units be rented only to eligible tenants and at the rental rate determined under subsection 7b77#c74 7e7 ,terms relating to rental reduction credit and requirements ,for purposes of this section-- 7#a7 ,applicable percentage 7,a7 ,in general ,the term applicable percentage means1 with respect to any qualified building1 the percentage 7not greater than #aaj percent7 set by the rental reduction credit agency at the time it allocates the rental reduction dollar amount to such building4 7,b7 ,higher percentage for high-opportunity areas ,the rental reduction credit agency may set a percentage under subparagraph 7,a7 up to #abj percent for any qualified building which-- 7i7 targets its eligible units for rental to families with children1 and 7ii7 is located in a neighborhood which has a poverty rate of no more than #aj percent4 7#b7 ,credit period 7,a7 ,in general ,the term credit period means1 with respect to any qualified building1 the #ae-year period beginning with the first month for which the qualified rental reduction agreement is in effect with respect to such building4 7,b7 ,state option to reduce period ,a rental reduction credit agency may provide a credit period for any qualified building which is less than #ae years4 7#c7 ,eligible unit 7,a7 ,in general ,the term eligible unit means1 with respect to any qualified building1 a unit-- 7i7 which is occupied by an eligible tenant1 7ii7 the rent of which for any month equals #cj percent of the monthly family income of the residents of such unit 7as determined under paragraph 7#e771 7iii7 with respect to which the tenant is not concurrently receiving rental assistance under any other ,federal program1 and 7iv7 which is certified to the rental reduction credit agency as an eligible unit for purposes of this section and the qualified rental reduction agreement4 ,notwithstanding clause 7iii71 a ,state may provide in its ,state rental reduction allocation plan that an eligible unit shall also not include a unit with respect to which any resident is receiving rental assistance under a ,state or local program4 7,b7 ,limitation on number of units 7i7 ,in general ,the number of units which may be certified as eligible units with respect to any qualified building under subparagraph 7,a77iv7 at any time shall not exceed the greater of-- 7,i7 #dj percent of the total units in such building1 or 7,,ii7 #be units4 ,in the case of an allocation to a project under subsection 7c77#a77;,b71 the limitation under the preceding sentence shall be applied on a project basis and the certification of such eligible units shall be allocated to each building in the project1 except that if buildings in such project are on non-contiguous tracts of land1 buildings on each such tract shall be treated as a separate project for purposes of applying this sentence4 7ii7 ,buildings receiving previous ,federal rental assistance ,if1 at any time prior to the entering into of a qualified rental reduction agreement with respect to a qualified building1 tenants in units within such building had been receiving project-based rental assistance under any other ,federal program1 then1 notwithstanding clause 7i71 the maximum number of units which may be certified as eligible units with respect to the building under subparagraph 7,a77iv7 shall not be less than the sum of-- 7,i7 the maximum number of units in the building previously receiving such assistance at any time before the agreement takes effect1 plus 7,,ii7 the amount determined under clause 7i7 without taking into account the units described in subclause 7,i74 7#d7 ,eligible tenant 7,a7 ,in general ,the term eligible tenant means any individual if the individual's family income does not exceed the greater of-- 7i7 #cj percent of the area median gross income 7as determined under section #db7;g77#a771 or 7ii7 the applicable poverty line for a family of the size involved4 7,b7 ,treatment of individuals whose incomes rise above limit 7i7 ,in general ,notwithstanding an increase in the family income of residents of a unit above the income limitation applicable under subparagraph 7,a71 such residents shall continue to be treated as eligible tenants if the family income of such residents initially met such income limitation and such unit continues to be certified as an eligible unit under this section4 7ii7 ,no rental reduction for at least #b years ,a qualified rental reduction agreement with respect to a qualified building shall provide that if1 by reason of an increase in family income described in clause 7i71 there is no qualified rental reduction amount with respect to the dwelling unit for #b consecutive years1 the taxpayer shall rent the next available unit to an eligible tenant 7without regard to whether such unit is an eligible unit under this section74 7,c7 ,applicable poverty line ,the term applicable poverty line means the most recently published poverty line 7within the meaning of section #baaj7;c77#e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;jj7c77#e777 as of the time of the determination as to whether an individual is an eligible tenant4 7#e7 ,family income 7,a7 ,in general ,family income shall be determined in the same manner as under section #h of the ,united ,states ,housing ,act of #aicg4 7,b7 ,time for determining income 7i7 ,in general ,except as provided in this subparagraph1 family income shall be determined at least annually on the basis of income for the preceding calendar year4 7ii7 ,families on fixed income ,if at least #ij percent of the family income of the residents of a unit at the time of any determination under clause 7i7 is derived from payments under title ,,ii or ,,xvi of the ,social ,security ,act 7or any similar fixed income amounts specified by the ,secretary71 the taxpayer may elect to treat such payments 7or amounts7 as the family income of such residents for the year of the determination and the #b succeeding years1 except that the taxpayer shall1 in such manner as the ,secretary may prescribe1 adjust such amount for increases in the cost of living4 7iii7 ,initial income ,the ,secretary may allow a ,state to provide that the family income of residents at the time such residents first rent a unit in a qualified building may be determined on the basis of current or anticipated income4 7iv7 ,special rules where family income is reduced ,if residents of a unit establish 7in such manner as the rental reduction credit agency provides7 that their family income has been reduced by at least #aj percent below such income for the determination year-- 7,i7 such residents may elect1 at such time and in such manner as such agency may prescribe1 to have their family income redetermined1 and 7,,ii7 clause 7ii7 shall not apply to any of the #b succeeding years described in such clause which are specified in the election4 7f7 ,state rental reduction allocation plan 7#a7 ,adoption of plan required 7,a7 ,in general ,for purposes of this section-- 7i7 each ,state shall1 before the allocation of its ,state rental reduction credit ceiling1 establish and have in effect a ,state rental reduction allocation plan1 and 7ii7 notwithstanding any other provision of this section1 the rental reduction credit amount allocated to any building shall be zero unless such amount was allocated pursuant to a ,state rental reduction allocation plan4 ,such plan shall only be adopted after such plan is made public and at least #fj days has been allowed for public comment4 7,b7 ,state rental reduction allocation plan ,for purposes of this section1 the term ,state rental reduction allocation plan means1 with respect to any ,state1 any plan of the ,state meeting the requirements of paragraphs 7#b7 and 7#c74 7#b7 ,general plan requirements ,a plan shall meet the requirements of this paragraph only if-- 7,a7 the plan sets forth the criteria and priorities which a rental reduction credit agency of the ,state shall use in allocating the ,state rental reduction credit ceiling to eligible units within a building1 7,b7 the plan provides that no credit allocation shall be made which is not in accordance with the criteria and priorities set forth under subparagraph 7,a7 unless such agency provides a written explanation to the general public for any credit allocation which is not so made and the reasons why such allocation is necessary1 and 7,c7 the plan provides that such agency is required to prioritize the renewal of existing credit allocations at the time of the expiration of the qualified rental reduction agreement with respect to the allocation1 including1 where appropriate1 a commitment within a qualified rental reduction agreement that the credit allocation will be renewed if the terms of the agreement have been met and sufficient new credit authority is available4 7#c7 ,specific requirements ,a plan shall meet the requirements of this paragraph only if-- 7,a7 the plan provides methods for determining-- 7i7 the amount of rent which would be charged for a substantially similar unit in the same building which is not an eligible unit for purposes of subsection 7b77#b77;,a77i71 including whether such determination may be made by self-certification or by undertaking rent reasonableness assessments similar to assessments required under section #h7o77#aj7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#aj771 7ii7 the qualified rental reduction amounts under subsection 7c77#b77;,b71 and 7iii7 the applicable percentage under subsection 7e77#a71 7,b7 the plan provides a procedure that the rental reduction credit agency 7or an agent or other private contractor of such agency7 will follow in monitoring for-- 7i7 noncompliance with the provisions of this section and the qualified rental reduction agreement and in notifying the ,internal ,revenue ,service of any such noncompliance of which such agency becomes aware1 and 7ii7 noncompliance with habitability standards through regular site visits1 7,c7 the plan requires a person receiving a credit allocation to report to the rental reduction credit agency such information as is necessary to ensure compliance with the provisions of this section and the qualified rental reduction agreement1 and 7,d7 the plan provides methods by which any excess reserve amounts which become available under subsection 7d77#a77;,c77ii7 will be used to reduce rental payments of eligible tenants or to address maintenance and repair needs in qualified buildings1 including how such assistance will be allocated among eligible tenants and qualified buildings4 7g7 ,qualified rental reduction agreement ,for purposes of this section-- 7#a7 ,in general ,the term qualified rental reduction agreement means1 with respect to any building which is residential rental property 7as defined in section #afh7;e77#b77;,a771 a written1 binding agreement between a rental reduction credit agency and the taxpayer which specifies-- 7,a7 the number of eligible units within such building for which a rental reduction credit amount is being allocated1 7,b7 the credit period for such building1 7,c7 the rental reduction credit amount allocated to such building 7and dwelling units within such building7 and the portion of such amount allocated to each month within the credit period under subsection 7c77#b77;,b71 7,d7 the applicable percentage to be used in computing the qualified rental reduction amounts with respect to the building1 7,e7 the method for determining the amount of rent which may be charged for eligible units within the building1 and 7,f7 whether-- 7i7 the agency commits to entering into a new agreement with the taxpayer if the terms of the agreement have been met and sufficient new credit authority is available for such new agreement1 and 7ii7 the taxpayer is required to accept such new agreement4 7#b7 ,tenant protections ,a qualified rental reduction agreement shall provide the following3 7,a7 ,non-displacement of non-eligible tenants ,a taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict 7other than for good cause7 a tenant of a unit who is not an eligible tenant at any time during the credit period and such unit shall not be treated as an eligible unit while such tenant resides there4 7,b7 ,only good cause evictions of eligible tenants ,a taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict 7other than for good cause7 an eligible tenant of an eligible unit4 7,c7 ,mobility ,a taxpayer receiving a rental reduction credit amount shall-- 7i7 give priority to rent any available unit of suitable size to tenants who are eligible tenants who are moving from another qualified building where such tenants had lived at least #a year and were in good standing1 and 7ii7 inform eligible tenants within the building of their right to move after #a year and provide a list maintained by the ,state of qualified buildings where such tenants might move4 7iii7 ,fair housing and civil rights ,if a taxpayer receives a rental reduction credit amount-- 7,i7 such taxpayer shall comply with the ,fair ,housing ,act with respect to the building1 and 7,,ii7 the receipt of such amount shall be treated as the receipt of ,federal financial assistance for purposes of applying any ,federal civil rights laws4 7iv7 ,admissions preferences ,a taxpayer receiving a rental reduction credit amount shall comply with any admissions preferences established by the ,state for tenants within particular demographic groups eligible for health or social services4 7#c7 ,compliance requirements ,a qualified rental reduction agreement shall provide that a taxpayer receiving a rental reduction credit amount shall comply with all reporting and other procedures established by the ,state to ensure compliance with this section and such agreement4 7#d7 ,projects ,in the case of a rental reduction credit allocated to a project consisting of more than #a building1 the rental reduction credit agency may provide for a single qualified rental reduction agreement which applies to all buildings which are part of such project4 7h7 ,certifications and other reports to ,secretary 7#a7 ,certification with respect to #ast year of credit period ,following the close of the #ast taxable year in the credit period with respect to any qualified building1 the taxpayer shall certify to the ,secretary 7at such time and in such form and in such manner as the ,secretary prescribes7-- 7,a7 the information described in subsection 7g77#a7 required to be contained in the qualified rental reduction agreement with respect to the building1 and 7,b7 such other information as the ,secretary may require4 ,in the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor1 unless it is shown that such failure is due to reasonable cause and not to willful neglect1 no credit shall be allowable by reason of subsection 7a7 with respect to such building for any taxable year ending before such certification is made4 7#b7 ,annual reports to the ,secretary ,the ,secretary may require taxpayers to submit an information return 7at such time and in such form and manner as the ,secretary prescribes7 for each taxable year setting forth-- 7,a7 the information described in paragraph 7#a77;,a7 for the taxable year1 and 7,b7 such other information as the ,secretary may require4 ,the penalty under section #ffeb7;j7 shall apply to any failure to submit the return required by the ,secretary under the preceding sentence on the date prescribed therefor4 7#c7 ,annual reports from rental reduction credit agency 7,a7 ,reports ,each rental reduction credit agency which allocates any rental reduction credit amount to one or more buildings for any calendar year shall submit to the ,secretary 7at such time and in such manner as the ,secretary shall prescribe7 an annual report specifying-- 7i7 the amount of rental reduction credit amounts allocated to each such building for such year1 7ii7 sufficient information to identify each such building and the taxpayer with respect thereto1 7iii7 information as to the demographic and income characteristics of eligible tenants of all such buildings to which such amounts were allocated1 and 7iv7 such other information as the ,secretary may require4 7,b7 ,penalty ,the penalty under section #ffeb7;j7 shall apply to any failure to submit the report required by subparagraph 7,a7 on the date prescribed therefor4 7,c7 ,information made public ,the ,secretary shall1 in consultation with ,secretary of ,housing and ,urban ,development1 make information reported under this paragraph for each qualified building available to the public annually to the greatest degree possible without disclosing personal information about individual tenants4 7i7 ,regulations and guidance ,the ,secretary shall prescribe such regulations or guidance as may be necessary to carry out the purposes of this section1 including-- 7#a7 providing necessary forms and instructions1 and 7#b7 providing for proper treatment of projects for which a credit is allowed both under this section and section #db4 4 7b7 ,administrative fees ,no provision of1 or amendment made by1 this section shall be construed to prevent a rental reduction credit agency of a ,state from imposing fees to cover its costs or from levying any such fee on a taxpayer applying for or receiving a rental reduction credit amount4 7c7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d7 of such ,code is amended by inserting #cf;,c1 after #cf;,b14 7#b7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7#c7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #cf;,b the following new item3 ,sec4 #cf;,c4 ,renters credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #gjjb4 ,minimum credit rate 7a7 ,in general ,subsection 7b7 of section #db of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d71 and 7#b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,minimum credit rate ,in the case of any new or existing building to which paragraph 7#b7 does not apply1 the applicable percentage shall not be less than #d percent4 4 7b7 ,effective date ,the amendments made by this section shall apply to buildings which receive allocations of housing credit dollar amount or1 in the case of projects financed by tax-exempt bonds as described in section #db7;h77#d7 of the ,internal ,revenue ,code of #aihf1 which are placed in service by the taxpayer after ,january #bj1 #bjbj4 ,,viii ,expanding ,medicaid ,coverage #hjja4 ,increased ,,fmap for medical assistance to newly eligible individuals 7a7 ,in general ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7y77#a7-- 7,a7 in subparagraph 7,a71 by striking #bjad1 #bjae1 and #bjaf and inserting each of the first #c consecutive #ab-month periods in which the ,state provides medical assistance to newly eligible individuals2 7,b7 in subparagraph 7,b71 by striking #bjag and inserting the fourth consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals2 7,c7 in subparagraph 7,c71 by striking #bjah and inserting the fifth consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals2 7,d7 in subparagraph 7,d71 by striking #bjai and inserting the sixth consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals2 and 7,e7 in subparagraph 7,e71 by striking #bjbj and each year thereafter and inserting the seventh consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals and each such period thereafter2 and 7#b7 in subsection 7z77#b77;,b77i77,,ii71 by inserting 7as in effect on the day before the date of enactment of the ,economic ,justice ,act7 after subsection 7y77#a74 7b7 ,retroactive application ,the amendments made by subsection 7a77#a7 shall take effect as if included in the enactment of ,public ,law #aaa-adh and shall apply to amounts expended by any ,state for medical assistance for newly eligible individuals described in subclause 7,,viii7 of section #aijb7;a77#aj77;,a77i7 of the ,social ,security ,act under a ,state ,medicaid plan 7or a waiver of such plan7 during the period before the date of enactment of this ,act4 ,,ix ,addressing maternal mortality and health #ijja4 ,expanding ,medicaid coverage for pregnant individuals 7a7 ,extending continuous ,medicaid and ,,chip coverage for pregnant and postpartum women 7#a7 ,medicaid ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 is amended-- 7,a7 in section #aijb7;e77#f71 by striking #fj-;day period and inserting #cfe-;day period2 7,b7 in section #aijb7l77#a77;,a71 by striking #fj-;day period and inserting #cfe-;day period2 7,c7 in section #aijc7v77#d77;,a77i71 by striking #fj-;day period and inserting #cfe-;day period2 and 7,d7 in section #aije7;a71 in the #dth sentence in the matter following paragraph 7#cj71 by striking #fj-;day period and inserting #cfe-;day period4 7#b7 ,,chip ,section #baab of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll7 is amended by striking #fj-;day period each place it appears and inserting #cfe-;day period4 7b7 ,requiring full benefits for pregnant and postpartum women 7#a7 ,medicaid 7,a7 ,in general ,paragraph 7#e7 of section #aijb7;e7 of the ,social ,security ,act 7#bd ,u4,s4,c4 #acif;a7e77 is amended to read as follows3 7#e7 ,any woman who is eligible for medical assistance under the ,state plan or a waiver of such plan1 including an individual eligible for a pregnancy-related benefit or whose eligibility under such plan or waiver is limited to a particular illness or disorder or type of services provided1 and who is1 or who while so eligible becomes1 pregnant1 shall continue to be eligible under the plan or waiver for medical assistance through the end of the month in which the #cfe-;day period 7beginning on the last day of her pregnancy7 ends1 regardless of the basis for the woman's eligibility for medical assistance1 including if the woman's eligibility for medical assistance is on the basis of being pregnant1 is for a pregnancy-related benefit1 or is limited to a particular illness or disorder or type of services provided4 4 7,b7 ,conforming amendment ,section #aijb7;a77#aj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77 is amended in the matter following subparagraph 7,g7 by striking 7,,vii7 the medical assistance and all that follows through complicate pregnancy14 7#b7 ,,chip ,section #bajg7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg7e77#a77 is amended-- 7,a7 by redesignating subparagraphs 7,h7 through 7,s7 as subparagraphs 7,i7 through 7,t71 respectively2 and 7,b7 by inserting after subparagraph 7,g71 the following3 7,h7 ,section #aijb7;e77#e7 7requiring #cfe-;day continuous coverage for pregnant and postpartum women74 4 7c7 ,requiring coverage of oral health services for pregnant and postpartum women 7#a7 ,medicaid ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7,a7 in subsection 7a77#d7-- 7i7 by striking 2 and 7,d7 and inserting 2 7,d72 and 7ii7 by inserting 2 and 7,e7 oral health services for pregnant and postpartum women 7as defined in subsection 7gg77 after subsection 7bb772 and 7,b7 by adding at the end the following new subsection3 7gg7 ,oral health services for pregnant and postpartum women 7#a7 ,in general ,for purposes of this title1 the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health1 restore oral structures to health and function1 and treat emergency conditions that are furnished to a woman during pregnancy 7or during the #cfe-;day period beginning on the last day of the pregnancy74 7#b7 ,coverage requirements ,to satisfy the requirement to provide oral health services for pregnant and postpartum women1 a ,state shall1 at a minimum1 provide coverage for preventive1 diagnostic1 periodontal1 and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the ,american ,academy of ,pediatric ,dentistry and the ,american ,college of ,obstetricians and ,gynecologists4 4 7#b7 ,,chip ,section #bajc7;c77#f77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77#f77;,a77 is amended by inserting or a targeted low-income pregnant woman after targeted low-income child4 7d7 ,maintenance of effort 7#a7 ,medicaid ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7,a7 in paragraph 7#gd71 by striking subsection 7gg72 and and inserting subsections 7gg7 and 7tt722 and 7,b7 by adding at the end the following new subsection3 7tt7 ,maintenance of effort related to low-,income pregnant women ,for calendar quarters beginning on or after ,january #a1 #bjba1 and before ,january #a1 #bjbd1 the ,federal medical assistance percentage otherwise determined under section #aije7;b7 for a ,state for the quarter shall be reduced by #j4e percentage points if the ,state-- 7#a7 has in effect under such plan eligibility standards1 methodologies1 or procedures 7including any enrollment cap or other numerical limitation on enrollment1 any waiting list1 any procedures designed to delay the consideration of applications for enrollment1 or similar limitation with respect to enrollment7 for individuals described in subsection 7l77#a7 who are eligible for medical assistance under the ,state plan or waiver under subsection 7a77#aj77;,a77ii77,,ix7 that are more restrictive than the eligibility standards1 methodologies1 or procedures1 respectively1 for such individuals under such plan or waiver that are in effect on the date of the enactment of this subsection2 or 7#b7 provides medical assistance to individuals described in subsection 7l77#a7 who are eligible for medical assistance under such plan or waiver under subsection 7a77#aj77;,a77ii77,,ix7 at a level that is less than the level at which the ,state provides such assistance to such individuals under such plan or waiver on the date of the enactment of this subsection4 4 7#b7 ,,chip ,section #baab of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll71 as amended by subsection 7b71 is further amended by adding at the end the following subsection3 7g7 ,maintenance of effort ,for calendar quarters beginning on or after ,january #a1 #bjba1 and before ,january #a1 #bjbd1 the enhanced ,federal medical assistance percentage otherwise determined for a ,state for the quarter under section #baje7;b7 shall be reduced by #j4e percentage points if the ,state-- 7#a7 has in effect under such plan eligibility standards1 methodologies1 or procedures 7including any enrollment cap or other numerical limitation on enrollment1 any waiting list1 any procedures designed to delay the consideration of applications for enrollment1 or similar limitation with respect to enrollment7 for targeted low-income pregnant women that are more restrictive than the eligibility standards1 methodologies1 or procedures1 respectively1 under such plan that are in effect on the date of the enactment of this subsection2 or 7#b7 provides pregnancy-related assistance to targeted low-income pregnant women under such plan at a level that is less than the level at which the ,state provides such assistance to such women under such plan on the date of the enactment of this subsection4 4 7e7 ,effective date ,the amendments made by subsections 7a7 through 7d7 shall take effect ,january #a1 #bjba1 without regard to whether final regulations to carry out such amendments have been promulgated as of such date4 #ijjb4 ,community engagement in maternal mortality review committees 7a7 ,in general ,section #cag,k of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#ab7 is amended-- 7#a7 in subsection 7d71 by adding at the end the following3 7#i7 ,grants to promote representative community engagement in maternal mortality review committees 7,a7 ,in general ,the ,secretary1 using funds made available pursuant to subparagraph 7,c71 may provide assistance to an applicable maternal mortality review committee of a ,state1 ,indian tribe1 tribal organization1 or urban ,indian organization1 for purposes of-- 7i7 selecting for inclusion in the membership of such a committee community members from the ,state1 ,indian tribe1 tribal organization1 or urban ,indian organization1 and1 in making such selections1 prioritizing community members who can increase the diversity of the committee's membership with respect to race and ethnicity1 location1 and professional background1 including members with non-clinical experiences2 7ii7 to the extent applicable1 addressing barriers to maternal mortality review committee participation for community members1 including required training1 transportation barriers1 compensation1 and other supports as may be necessary2 7iii7 establishing initiatives to conduct outreach and community engagement efforts within communities throughout the ,state or ,indian ,tribe to seek input from community members on the work of such maternal mortality review committee1 with a particular focus on outreach to women of color2 and 7iv7 releasing public reports assessing-- 7,i7 the pregnancy-related death and pregnancy-associated death review processes of the maternal mortality review committee1 with a particular focus on the maternal mortality review committee's sensitivity to the unique circumstances of women of color who have suffered pregnancy-related deaths2 and 7,,ii7 the impact of the use of funds made available under subparagraph 7,c7 on increasing the diversity of the maternal mortality review committee membership and promoting community engagement efforts throughout the ,state or ,indian tribe4 7,b7 ,technical assistance ,the ,secretary shall provide 7either directly through the ,department of ,health and ,human ,services or by contract7 technical assistance to any maternal mortality review committee receiving a grant under this paragraph on best practices for increasing the diversity of the maternal mortality review committee's membership and for conducting effective community engagement throughout the ,state or ,indian tribe4 7,c7 ,appropriations ,in addition to any funds made available under subsections 7g7 and 7h77#a71 to carry out this paragraph1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 2 and 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c77;,b71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 the term urban ,indian organization has the meaning given the term in section #d of the ,indian ,health ,care ,improvement ,act4 4 7b7 ,reservation of funds ,section #cag,k7f7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#ab7;f77 is amended by adding at the end the following3 ,of the amount made available under this subsection for fiscal year #bjba and any subsequent fiscal year1 not less than #c1jjj1jjj shall be reserved for grants to ,indian tribes1 tribal organizations1 or urban ,indian organizations44 #ijjc4 ,increased maternal levels of care in communities of color ,section #cag,k of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#ab71 as amended by section #ijjb1 is further amended-- 7#a7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 7#b7 by inserting after subsection 7d7 the following3 7e7 ,levels of maternal and neonatal care 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall establish or continue in effect a program to award competitive grants to eligible entities to assist with the classification of birthing facilities based on the level of risk-appropriate maternal and neonatal care such entities can provide in order to strategically improve maternal and infant care delivery and health outcomes4 7#b7 ,use of funds ,an eligible entity receiving a grant under this subsection shall use such funds to-- 7,a7 coordinate an assessment of the risk-appropriate maternal and neonatal care of a ,state1 jurisdiction1 or region1 based on the most recent guidelines and policy statements issued by the professional associations representing relevant clinical specialties1 including obstetrics and gynecology and pediatrics2 and 7,b7 work with relevant stakeholders1 such as hospitals1 hospital associations1 perinatal quality collaboratives1 members of the communities most affected by racial1 ethnic1 and geographic maternal health inequities1 maternal mortality review committees1 and maternal and neonatal health care providers and community-based birth workers to review the findings of the assessment made of activities carried out under subparagraph 7,a72 and 7,c7 implement changes1 as appropriate1 based on identified gaps in perinatal services and differences in maternal and neonatal outcomes in the ,state1 jurisdiction1 or region for which such an assessment was conducted to support the provision of risk-appropriate care1 including building up capacity as needed in communities experiencing high rates of maternal mortality and severe maternal morbidity and communities of color4 7#c7 ,eligible entities ,to be eligible for a grant under this subsection1 a ,state health department1 ,indian tribe1 or other organization serving ,indian tribes1 such as a tribal health department or other organization fulfilling similar functions for the ,indian tribe1 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#d7 ,period ,a grant awarded under this subsection shall be made for a period of #c years4 ,any supplemental award made to a grantee under this subsection may be made for a period of less than #c years4 7#e7 ,report to ,congress ,not later than ,january #a1 #bjbc1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and make publicly available1 a report concerning the impact of the programs established or continued under this subsection4 2 and 7#c7 by adding at the end the following3 7h7 ,additional funding 7#a7 ,appropriations for maternal mortality review committees ,in addition to any funds made available under subsection 7g7 or subsection 7d77#i77;,c71 to carry out subsection 7d71 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #cj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,appropriations for increasing maternal levels of care ,in addition to any funds made available under subsection 7g71 to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #cj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ijjd4 ,reporting on pregnancy-related and pregnancy-associated deaths and complications 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall encourage each ,state to voluntarily submit to the ,secretary annual reports containing the findings of the maternal mortality review committee of the ,state with respect to each maternal death in the ,state that the committee reviewed during the applicable year4 7b7 ,maternal and infant health ,the ,director of the ,centers for ,disease ,control and ,prevention shall-- 7#a7 update the ,pregnancy ,mortality ,surveillance ,system or develop a separate system so that such system is capable of including data obtained from ,state maternal mortality review committees2 and 7#b7 provide technical assistance to ,states in reviewing cases of pregnancy-related complications and pregnancy-associated complications1 including assistance with disaggregating data based on race1 ethnicity1 and other protected classes4 #ijje4 ,respectful maternity care compliance program 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall award grants to accredited hospitals1 health systems1 and other maternity care delivery settings to establish within one or more hospitals or other birth settings a respectful maternity care compliance office4 7b7 ,office requirements ,a respectful maternity care compliance office funded through a grant under this section shall-- 7#a7 institutionalize mechanisms to allow patients receiving maternity care services1 the families of such patients1 or doulas or other perinatal workers supporting such patients to report instances of disrespect or evidence of bias on the basis of race1 ethnicity1 or another protected class2 7#b7 institutionalize response mechanisms through which representatives of the office can directly follow up with the patient1 if possible1 and the reporter in a timely manner2 7#c7 prepare and make publicly available a hospital- or health system-wide strategy to reduce bias on the basis of race1 ethnicity1 or another protected class in the delivery of maternity care that includes-- 7,a7 information on the training programs to reduce and prevent bias1 racism1 and discrimination on the basis of race1 ethnicity1 or another protected class for all employees in maternity care settings2 and 7,b7 the development of methods to routinely assess the extent to which bias1 racism1 or discrimination on the basis of race1 ethnicity1 or another protected class are present in the delivery of maternity care to patients2 and 7#d7 provide annual reports to the ,secretary with information about each case reported to the compliance office over the course of the year containing such information as the ,secretary may require1 such as-- 7,a7 de-identified demographic information on the patient in the case1 such as race1 ethnicity1 sex 7including sexual orientation and gender identity71 and primary language2 7,b7 the content of the report from the patient or the family of the patient to the compliance office2 and 7,c7 the response from the compliance office4 7c7 ,secretary requirements 7#a7 ,processes ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish processes for-- 7,a7 disseminating best practices for establishing and implementing a respectful maternity care compliance office within a hospital or other birth setting2 7,b7 promoting coordination and collaboration between hospitals1 health systems1 and other maternity care delivery settings on the establishment and implementation of respectful maternity care compliance offices2 and 7,c7 evaluating the effectiveness of respectful maternity care compliance offices on maternal health outcomes and patient and family experiences1 especially for women of color and their families4 7#b7 ,study 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 through a contract with an independent research organization1 shall conduct a study on strategies to address disrespect or bias on the basis of race1 ethnicity1 or another protected class in the delivery of maternity care services4 7,b7 ,components of study ,the study under subparagraph 7,a7 shall include the following3 7i7 ,an assessment of the reports submitted to the ,secretary from the respectful maternity care compliance offices pursuant to subsection 7b77#d74 7ii7 ,based on the assessment under clause 7i71 recommendations for potential accountability mechanisms related to cases of disrespect or bias on the basis of race1 ethnicity1 or another protected class in the delivery of maternity care services at hospitals and other birth settings1 taking into consideration medical and non-medical factors that contribute to adverse patient experiences and maternal health outcomes4 7,c7 ,report ,the ,secretary shall submit to ,congress and make publicly available a report on the results of the study under this paragraph4 7d7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ijjf4 ,bias training for all employees in maternity care settings ,part ,b of title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bic et seq47 is amended by adding at the end the following new section3 #gdb4 ,training for all employees in maternity care settings 7a7 ,grants ,the ,secretary shall award grants to eligible entities for the purposes of carrying out programs to reduce and prevent bias1 racism1 and discrimination in maternity care settings4 7b7 ,special consideration ,in awarding grants under subsection 7a71 the ,secretary shall give special consideration to applications for programs that would-- 7#a7 apply to all birthing professionals and any employees who interact with pregnant and postpartum women in the provider setting1 including front desk employees1 sonographers1 schedulers1 health care professionals1 hospital or health system administrators1 and security staff2 7#b7 emphasize periodic1 as opposed to one-time1 trainings for all birthing professionals and employees described in paragraph 7#a72 7#c7 address implicit bias and explicit bias2 7#d7 be delivered in ongoing education settings for providers maintaining their licenses1 with a preference for trainings that provide continuing education units and continuing medical education2 7#e7 include trauma-informed care best practices and an emphasis on shared decision-making between providers and patients2 7#f7 include a service-learning component that sends providers to work in underserved communities to better understand patients' lived experiences2 7#g7 be delivered in undergraduate programs that funnel into medical schools1 such as biology and pre-medicine majors2 7#h7 be delivered at local agencies 7as defined in section #ag7;b7 of the ,child ,nutrition ,act of #aiff7 that provide benefits or services under the special supplemental nutrition program for women1 infants1 and children established by that section2 7#i7 integrate bias training in obstetric emergency simulation trainings2 7#aj7 offer training to all maternity care providers on the value of racially1 ethnically1 and professionally diverse maternity care teams to provide culturally sensitive care1 including community health workers1 peer supporters1 certified lactation consultants1 nutritionists and dietitians1 social workers1 home visitors1 and navigators2 or 7#aa7 be based on one or more programs designed by a historically ,black college or university4 7c7 ,application ,to seek a grant under subsection 7a71 an entity shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,reporting ,each recipient of a grant under this section shall annually submit to the ,secretary a report on the status of activities conducted using the grant1 including1 as applicable1 a description of the impact of training provided through the grant on patient outcomes and patient experience for women of color and their families4 7e7 ,best practices ,based on the annual reports submitted pursuant to subsection 7d71 the ,secretary-- 7#a7 shall produce an annual report on the findings resulting from programs funded through this section including findings related to effectiveness of such trainings on improving patient outcomes and patient experience2 7#b7 shall disseminate such report to all recipients of grants under this section and to the public2 and 7#c7 may include in such report findings on best practices for improving patient outcomes and patient experience for women of color and their families in maternity care settings4 7f7 ,definition ,in this section the term postpartum means the #a-year period beginning on the last day of a woman's pregnancy4 7g7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ijjg4 ,study on reducing and preventing bias1 racism1 and discrimination in maternity care settings 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall seek to enter into an agreement1 not later than #ij days after the date of enactment of this ,act1 with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 under which the ,national ,academies agree to-- 7#a7 conduct a study on the design and implementation of programs to reduce and prevent bias1 racism1 and discrimination in maternity care settings2 and 7#b7 not later than #b years after the date of enactment of this ,act1 complete the study and transmit a report on the results of the study to ,congress4 7b7 ,possible topics ,the agreement entered into pursuant to subsection 7a7 may provide for the study of any of the following3 7#a7 ,the development of a scorecard for programs designed to reduce and prevent bias1 racism1 and discrimination in maternity care settings to assess the effectiveness of such programs in improving patient outcomes and patient experience for women of color and their families4 7#b7 ,determination of the types of training to reduce and prevent bias1 racism1 and discrimination in maternity care settings that are demonstrated to improve patient outcomes or patient experience for women of color and their families4 7c7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #e1jjj1jjj for fiscal year #bjba4 #ijjh4 ,maternal ,health ,research ,network ,subpart #g of part ,c of title ,,iv of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhe;g et seq47 is amended by adding at the end the following3 #deb;,h4 ,maternal ,health ,research ,network 7a7 ,establishment ,the ,secretary1 acting through the ,director of ,,nih1 shall establish a ,national ,maternal ,health ,research ,network 7referred to in this section as the ,network71 to more effectively support innovative research to reduce maternal mortality and promote maternal health4 7b7 ,activities ,the ,secretary1 acting through the ,network1 may carry out activities to support mechanistic1 translational1 clinical1 behavioral1 or epidemiologic research1 as well as community-informed research on structural risk factors to address unmet maternal health research needs specific to the underlying causes of maternal mortality and severe maternal morbidity and their treatment4 ,such activities should be focused on optimizing improved diagnostics and clinical treatments1 improving health outcomes1 and reducing inequities4 ,such activities should include studies focused on racial disparities and disproportionate maternal mortality and severe maternal morbidity affecting communities of color4 7c7 ,existing networks ,in carrying out this section1 the ,secretary may utilize or coordinate with the ,maternal ,fetal ,medicine ,units ,network and the ,obstetric-,fetal ,pharmacology ,research ,centers ,network4 7d7 ,use of funds ,amounts appropriated to carry out this section may be used to support the ,network for activities related to maternal mortality or severe maternal morbidity that lead to potential therapies or clinical practices that will improve maternal health outcomes and reduce inequities4 ,amounts provided to such ,network shall be used to supplement1 and not supplant1 other funding provided to such ,network for such activities4 7e7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ijji4 ,innovation in maternity care to close racial and ethnic maternal health disparities in mental health and substance use disorder treatment grants ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following3 #cii,v-#g4 ,innovation in maternity care to close racial and ethnic maternal health disparities in mental health and substance use disorder treatment grants 7a7 ,in general ,the ,secretary shall award grants to eligible entities to establish1 implement1 evaluate1 or expand innovative models in maternity care that are designed to improve access to mental health and substance use disorder treatment4 7b7 ,use of funds ,an eligible entity receiving a grant under this section may use the grant to establish1 implement1 evaluate1 or expand innovative models described in subsection 7a7 including-- 7#a7 collaborative maternity care models to improve maternal mental health1 treat maternal substance use disorders1 and reduce maternal mortality and severe maternal morbidity1 especially for women of color2 7#b7 evidence-based programming at clinics that-- 7,a7 provide wraparound services for women with substance use disorders in the prenatal and postpartum periods that may include multidisciplinary staff1 access to all evidence-based medication-assisted treatment1 psychotherapy1 contingency management1 and recovery supports2 or 7,b7 make referrals for any such services that are not provided within the clinic2 7#c7 evidence-based programs at freestanding birth centers that provide culturally sensitive maternal mental and behavioral health care education1 treatments1 and services1 and other wraparound supports for women throughout the prenatal and postpartum period2 and 7#d7 the development and implementation of evidence-based programs1 including toll-free telephone hotlines1 that connect maternity care providers with women's mental health clinicians to provide maternity care providers with guidance on addressing maternal mental and behavioral health conditions identified in patients4 7c7 ,special consideration ,in awarding grants under this section1 the ,secretary shall give special consideration to applications for models that will-- 7#a7 operate in-- 7,a7 areas experiencing high rates of maternal mortality2 7,b7 areas with severe maternal morbidity2 7,c7 communities of color2 or 7,d7 health professional shortage areas designated under section #ccb2 7#b7 be led by women of color or women from communities experiencing high rates of maternal mortality or severe maternal morbidity2 or 7#c7 be implemented with a culturally sensitive approach that is focused on improving outcomes for women of color or women from communities experiencing high rates of maternal mortality or severe maternal morbidity4 7d7 ,evaluation ,as a condition on receipt of a grant under this section1 an eligible entity shall agree to provide annual evaluations of the activities funded through the grant to the ,secretary4 ,such evaluations may address-- 7#a7 the effects of such activities on maternal health outcomes and subjective assessments of patient and family experiences1 especially for women of color or women from communities experiencing high rates of maternal mortality or severe maternal morbidity2 and 7#b7 the cost-effectiveness of such activities4 7e7 ,definitions ,in this section3 7#a7 ,the term eligible entity means any public or private entity4 7#b7 ,the term collaborative maternity care means an integrated care model that includes the delivery of maternal mental and behavioral health care services in primary clinics or other care settings familiar to pregnant and postpartum patients4 7#c7 ,the term freestanding birth center has the meaning given that term under section #aije7l77#c77;,b7 of the ,social ,security ,act4 7f7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ijaj4 ,grants to grow and diversify the perinatal workforce ,title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq47 is amended by inserting after section #geg 7#db ,u4,s4,c4 #bid;f7 the following3 #geh4 ,perinatal workforce grants 7a7 ,in general ,the ,secretary may award grants to institutions of higher education to establish or expand programs described in subsection 7b7 to grow and diversify the perinatal workforce4 7b7 ,use of funds ,recipients of grants under this section shall use the grants to grow and diversify the perinatal workforce by-- 7#a7 establishing programs that provide education and training to individuals seeking appropriate licensing or certification as-- 7,a7 physician assistants or nurse practitioners who will complete clinical training in the field of maternal and perinatal health2 and 7,b7 other perinatal health workers such as community health workers1 peer supporters1 certified lactation consultants1 nutritionists and dietitians1 social workers1 home visitors1 and navigators2 and 7#b7 expanding the capacity of existing programs described in paragraph 7#a71 for the purposes of increasing the number of students enrolled in such programs1 including by awarding scholarships for students4 7c7 ,prioritization ,in awarding grants under this section1 the ,secretary shall give priority to any institution of higher education that-- 7#a7 has demonstrated a commitment to recruiting and retaining students from communities of color1 particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity including communities of color2 7#b7 has developed a strategy to recruit into1 and retain1 a diverse pool of students the perinatal workforce program supported by funds received through the grant1 particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity1 including communities of color2 7#c7 has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area 7as defined in section #ccb7 or medically underserved community 7as defined in section #gii;,b72 7#d7 has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes1 including communities of color2 and 7#e7 includes in the standard curriculum for all students within the perinatal workforce program a bias1 racism1 or discrimination training program that includes training on explicit and implicit bias4 7d7 ,reporting ,as a condition on receipt of a grant under this section for a perinatal workforce program1 an institution of higher education shall agree to submit to the ,secretary an annual report on the activities conducted through the grant1 including-- 7#a7 the number and demographics of students participating in the program2 7#b7 the extent to which students in the program are entering careers in-- 7,a7 health professional shortage areas 7as defined in section #ccb7 or medically underserved community 7as defined in section #gii;,b72 and 7,b7 areas with significant racial and ethnic disparities in maternal health outcomes including communities of color2 and 7#c7 whether the institution has included in the standard curriculum for all students a bias1 racism1 or discrimination training program that includes explicit and implicit bias1 and if so1 the effectiveness of such training program4 7e7 ,period of grants ,the period of a grant under this section shall be up to #e years4 7f7 ,application ,an entity desiring a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including any information required for consideration for priority under subsection 7c74 7g7 ,technical assistance ,the ,secretary shall provide1 directly or by contract1 technical assistance to institutions of higher education seeking or receiving a grant under this section on the development1 use1 evaluation1 and post-grant period sustainability of the perinatal workforce programs or schools proposed to be1 or being1 established or expanded through the grant4 7h7 ,report by ,secretary ,not later than #d years after the date of enactment of this section1 the ,secretary shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and post on the internet website of the ,department of ,health and ,human ,services1 a report on the effectiveness of the grant program under this section at-- 7#a7 recruiting and retaining students from communities experiencing high rates of maternal mortality and severe maternal morbidity and communities of color2 7#b7 increasing the number of physician assistants or nurse practitioners who will complete clinical training in the field of maternal and perinatal health1 and other perinatal health workers1 from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity and communities of color2 7#c7 increasing the number of physician assistants or nurse practitioners who will complete clinical training in the field of maternal and perinatal health1 and other perinatal health workers1 working in health professional shortage areas 7as defined in section #ccb7 or medically underserved community 7as defined in section #gii;,b72 and 7#d7 increasing the number of physician assistants or nurse practitioners who will complete clinical training in the field of maternal and perinatal health1 and other perinatal health workers1 working in areas with significant racial and ethnic disparities in maternal health outcomes and communities of color4 7i7 ,authorization of appropriations ,in order to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #cj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ijaa4 ,grants to grow and diversify the doula workforce ,title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bib et seq47 is amended by inserting after section #geh 7#db ,u4,s4,c4 #bid;f7 the following3 #geh;,a4 ,doula workforce grants 7a7 ,in general ,the ,secretary may award grants to entities to establish or expand programs described in subsection 7b7 to grow and diversify the doula workforce4 7b7 ,use of funds ,recipients of grants under this section shall use the grants to grow and diversify the doula workforce by-- 7#a7 establishing programs that provide education and training to individuals seeking appropriate training or certification as doulas2 and 7#b7 expanding the capacity of existing programs described in paragraph 7#a71 for the purposes of increasing the number of students enrolled in such programs1 including by awarding scholarships for students4 7c7 ,prioritization ,in awarding grants under this section1 the ,secretary shall give priority to any entity that-- 7#a7 has demonstrated a commitment to recruiting and retaining students from underserved communities1 particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity including communities of color2 7#b7 has developed a strategy to recruit into1 and retain1 a diverse pool of students the doula workforce program1 particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity including communities of color2 7#c7 has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area 7as defined in section #ccb7 or medically underserved community 7as defined in section #gii;,b72 7#d7 has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes including communities of color2 and 7#e7 includes in the standard curriculum for all students a bias1 racism1 or discrimination training program that includes training on explicit and implicit bias4 7d7 ,reporting ,as a condition on receipt of a grant under this section for a doula workforce program1 an entity shall agree to submit to the ,secretary an annual report on the activities conducted through the grant1 including-- 7#a7 the number and demographics of students participating in the program or school2 7#b7 the extent to which students in the program or school are entering careers in-- 7,a7 health professional shortage areas 7as defined in section #ccb7 or medically underserved community 7as defined in section #gii;,b72 and 7,b7 areas with significant racial and ethnic disparities in maternal health outcomes including communities of color2 and 7#c7 whether the program or school has included in the standard curriculum for all students a bias1 racism1 or discrimination training program that includes explicit and implicit bias1 and if so1 the effectiveness of such training program4 7e7 ,period of grants ,the period of a grant under this section shall be up to #e years4 7f7 ,application ,to seek a grant under this section1 an entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including any information necessary for prioritization under subsection 7c74 7g7 ,technical assistance ,the ,secretary shall provide1 directly or by contract1 technical assistance to institutions of higher education seeking or receiving a grant under this section on the development1 use1 evaluation1 and post-grant period sustainability of the doula workforce programs proposed to be1 or being1 established or expanded through the grant4 7h7 ,report by secretary ,not later than #d years after the date of enactment of this section1 the ,secretary shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and post on the internet website of the ,department of ,health and ,human ,services1 a report on the effectiveness of the grant program under this section at-- 7#a7 recruiting student from communities experiencing high rates of maternal mortality and severe maternal morbidity and communities of color2 7#b7 increasing the number of doulas from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity and communities of color2 7#c7 increasing the number of doulas working in health professional shortage areas 7as defined in section #ccb7 or medically underserved community 7as defined in section #gii;,b72 and 7#d7 increasing the number of doulas working in areas with significant racial and ethnic disparities in maternal health outcomes and communities of color4 7i7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ijab4 ,grants to ,state1 local1 and tribal public health departments addressing social determinants of health for pregnant and postpartum women 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall award grants to ,state1 local1 and ,tribal public health departments to address social determinants of maternal health in order to reduce or eliminate racial and ethnic disparities in maternal health outcomes4 7b7 ,use of funds ,a public health department receiving a grant under this section may use funds received through the grant to-- 7#a7 build capacity and hire staff to coordinate efforts of the public health department to address social determinants of maternal health2 7#b7 develop1 and provide for distribution of1 resource lists of available social services for women in the prenatal and postpartum periods1 which social services may include-- 7,a7 transportation vouchers2 7,b7 housing supports2 7,c7 child care access2 7,d7 healthy food access2 7,e7 nutrition counseling2 7,f7 lactation supports2 7,g7 lead testing and abatement2 7,h7 clean water2 7,i7 infant formula2 7,j7 maternal mental and behavioral health care services2 7,k7 wellness and stress management programs2 and 7,l7 other social services as determined by the public health department2 7#c7 in consultation with local stakeholders1 establish or designate a one-stop resource center that provides coordinated social services in a single location for women in the prenatal or postpartum period2 or 7#d7 directly address specific social determinant needs for the community that are related to maternal health as identified by the public health department1 such as-- 7,a7 transportation2 7,b7 housing2 7,c7 child care2 7,d7 healthy foods2 7,e7 infant formula2 7,f7 nutrition counseling2 7,g7 lactation supports2 7,h7 lead testing and abatement2 7,i7 air and water quality2 7,j7 wellness and stress management programs2 and 7,k7 other social determinants as determined by the public health department4 7c7 ,special consideration ,in awarding grants under subsection 7a71 the ,secretary shall give special consideration to ,state1 local1 and ,tribal public health departments that-- 7#a7 propose to use the grants to reduce or end racial and ethnic disparities in maternal mortality and severe maternal morbidity rates2 and 7#b7 operate in-- 7,a7 areas with high rates of maternal mortality and severe maternal morbidity2 or 7,b7 areas with high rates of significant racial and ethnic disparities in maternal mortality and severe maternal morbidity rates2 or 7,c7 communities of color4 7d7 ,guidance on strategies ,in carrying out this section1 the ,secretary shall provide guidance to grantees on strategies for long-term viability of programs funded through this section after such funding ends4 7e7 ,reporting 7#a7 ,by grantees ,as a condition on receipt of a grant under this section1 a grantee shall agree to-- 7,a7 evaluate the activities funded through the grant with respect to-- 7i7 maternal health outcomes with a specific focus on racial and ethnic disparities2 7ii7 the subjective assessment of such activities by the beneficiaries of such activities1 including mothers and their families2 and 7iii7 cost effectiveness and return on investment2 and 7,b7 not later than #ahj days after the end of the period of the grant1 submit a report on the results of such evaluation to the ,secretary4 7#b7 ,by ,secretary ,not later than the end of fiscal year #bjbf1 the ,secretary shall submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives-- 7,a7 summarizing the evaluations submitted under paragraph 7#a72 and 7,b7 making recommendations for improving maternal health and reducing or eliminating racial and ethnic disparities in maternal health outcomes1 based on the results of grants under this section4 7f7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated1 and there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,x #aj-bj-cj anti-poverty initiative and hiring and contracting opportunities ,a #aj-bj-cj anti-,poverty initiative #ajaja4 ,definitions ,in this subtitle3 7#a7 ,development program ,the term development program means any of the following programs1 offices1 or appropriations accounts3 7,a7 ,any program administered by the ,office of ,rural ,development of the ,department of ,agriculture4 7,b7 ,the ,appalachian ,regional ,commission established by section #adcja7;a7 of title #dj1 ,united ,states ,code4 7,c7 ,department of ,commerce1 ,economic ,development ,administration1 ,economic ,development ,assistance ,programs4 7,d7 ,the ,delta ,regional ,authority established by section #chb;,b7a77#a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjji;aa-#a7;a77#a774 7,e7 ,the ,denali ,commission established by section #cjc7;a7 of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 #aab ,stat4 #bfha-fcg74 7,f7 ,any training or employment services program administered by the ,employment and ,training ,administration of the ,department of ,labor4 7,g7 ,department of ,health and ,human ,services1 ,health ,resources and ,services ,administration4 7,h7 ,environmental ,protection ,agency1 ,state and ,tribal ,assistance ,grants4 7,i7 ,department of ,commerce1 ,national ,institute of ,standards and ,technology1 ,construction4 7,j7 ,any program under the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aaaja et seq474 7,k7 ,a victim services program for victims of trafficking1 as authorized by section #ajg7;b77#b7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaje7;b77#b774 7,l7 ,any program authorized under the ,trafficking ,victims ,protection ,reauthorization ,act of #bjje 7,public ,law #aji-afd2 #aai ,stat4 #ceeh74 7,m7 ,the ,paul ,coverdell ,forensic ,sciences ,improvement ,grants program under part ,,bb of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajefa et seq474 7,n7 ,,dna-related and forensic programs and activities grants under part ,x of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajeaa et seq474 7,o7 ,the grant program for community-based sexual assault response reform grants under part ,t of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdda et seq474 7,p7 ,the court-appointed special advocate program under section #bag of the ,crime ,control ,act of #aiij 7#cd ,u4,s4,c4 #bjcbc74 7,q7 ,a program under subtitle ,c of title ,,ii of the ,second ,chance ,act of #bjjg 7#cd ,u4,s4,c4 #fjeda et seq474 7,r7 ,the ,comprehensive ,opioid ,abuse ,grant ,program under part ,,ll of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajgja et seq474 7,s7 ,a grant under section #bbjeca of title #cf1 ,united ,states ,code4 7,t7 ,department of ,transportation1 ,office of the ,secretary1 ,nationally ,significant ,freight and ,highway ,projects4 7,u7 ,department of ,transportation1 ,office of the ,secretary1 ,national ,infrastructure ,investments4 7,v7 ,department of ,transportation1 ,federal ,transit ,administration1 ,bus and ,bus ,facilities ,infrastructure ,investment ,program4 7,w7 ,department of ,transportation1 ,federal ,transit ,administration1 ,capital ,investment ,grants ,program4 7,x7 ,any program of the ,department of the ,treasury relating to ,community ,development ,financial ,institutions 7within the meaning of section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb774 7,y7 ,the ,southeast ,crescent ,regional ,commission established by section #aecja7;a77#a7 of title #dj1 ,united ,states ,code4 7,z7 ,the ,southwest ,border ,regional ,commission established by section #aecja7;a77#b7 of title #dj1 ,united ,states ,code4 7,,aa7 ,the ,northern ,border ,regional ,commission established by section #aecja7;a77#c7 of title #dj1 ,united ,states ,code4 7,,bb7 ,the ,northern ,great ,plains ,regional ,authority established by section #chc;,b7a77#a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjji;bb-#a7;a77#a774 7,,cc7 ,the fair housing initiatives program under section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a74 7,,dd7 ,a grant under section #dfaa of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbfa74 7#b7 ,persistent poverty county ,the term persistent poverty county means any county with a poverty rate of not less than #bj percent1 as determined in each of the #aiij and #bjjj decennial censuses1 and in the ,small ,area ,income and ,poverty ,estimates of the ,bureau of the ,census for the most recent year for which the estimates are available4 7#c7 ,high-poverty area ,the term high-poverty area means a census tract with a poverty rate of not less than #bj percent during the #e-year period ending on the date of enactment of this ,act4 #ajajb4 #aj-bj-cj formula for persistent poverty counties ,notwithstanding any other provision of law1 the entity responsible for administering a development program shall use not less than #aj percent of the amounts made available in any appropriations ,act for the program for each of fiscal years #bjba through #bjcj in persistent poverty counties1 if the entity is otherwise authorized to do so4 #ajajc4 ,targeting high-poverty census tracts 7a7 ,in general ,notwithstanding any other provision of law1 the entity responsible for administering a development program shall use not less than the percentage described in subsection 7b7 of the amounts made available in any appropriations ,act for the program for each of fiscal years #bjba through #bjcj for projects based in or providing direct benefits to high-poverty areas1 if the entity is otherwise authorized to do so4 7b7 ,percentage described ,the percentage referred to in subsection 7a71 with respect to a development program1 is the percentage equal to the sum obtained by adding-- 7#a7 the average percentage of ,federal assistance awarded under the program in the #c-;fiscal year period ending on the date of enactment of this ,act that were used for projects based in or providing direct benefits to high-poverty areas2 and 7#b7 #e percent of the average total ,federal assistance awarded under the program during the period referred to in paragraph 7#a74 #ajajd4 ,failure to target funds ,if the entity responsible for administering a development program does not comply with section #ajajc with respect to the development program for a fiscal year1 the entity shall submit to ,congress a report that describes how the entity plans to do so for the next fiscal year4 #ajaje4 ,report to ,congress ,not later than #ahj days after the end of each fiscal year1 the entity responsible for administering each development program shall submit to ,congress a progress report on the implementation of this title with respect to the development program4 ,b ,hiring opportunities #ajbaa4 ,local hiring initiative for construction jobs 7a7 ,establishment ,notwithstanding section #aab of title #bc1 ,united ,states ,code1 section #bjj4cai7;b7 of title #b1 ,code of ,federal ,regulations 7or successor regulations71 section #fce4aag7;b7 of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 and similar bidding requirements under title #di1 ,united ,states ,code1 recipients of ,federal assistance under title #bc or #di1 ,united ,states ,code1 may use geographic hiring preferences 7including local hiring preferences7 pertaining to the use of labor for construction on a federally assisted project1 consistent with the policies and procedures of the recipient4 7b7 ,workforce diversity ,for purposes of subsection 7a71 the ,secretary of ,transportation shall amend existing regulations or issue new regulations1 as applicable1 to establish a policy that1 to the maximum extent practicable-- 7#a7 ensures the use of pre-apprenticeship programs that-- 7,a7 are designed to prepare to enter registered apprenticeship programs-- 7i7 individuals with a barrier to employment 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 including ex-offenders and individuals with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 and 7ii7 individuals that represent populations that are traditionally underrepresented in the infrastructure workforce1 such as women and racial and ethnic minorities2 and 7,b7 have written agreements with sponsors of not less than #a registered apprenticeship program that will enable participants who successfully complete the apprenticeship readiness program to enter into the registered apprenticeship program if-- 7i7 an enrollment opportunity is available2 and 7ii7 the participant meets the qualifications of the program2 7#b7 ensures the use of registered apprenticeship programs that have written agreements with pre-apprenticeship programs described in paragraph 7#a72 and 7#c7 encourages the entity using the geographic hiring preferences to establish outreach and support programs1 in coordination with labor organizations1 that increase diversity within the workforce1 including expanded participation from-- 7,a7 individuals with a barrier to employment 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 including ex-offenders and individuals with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 and 7,b7 individuals that represent populations that are traditionally underrepresented in the infrastructure workforce1 such as women and racial and ethnic minorities4 7c7 ,report ,not later than #b years after the date of enactment of this ,act and every #b years thereafter1 the ,secretary of ,transportation shall submit to the ,committees on ,environment and ,public ,works1 ,commerce1 ,science1 and ,transportation1 and ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes the administration of this section1 including-- 7#a7 the number1 types1 and locations of projects that have used geographic hiring preferences pursuant to this section2 7#b7 an assessment of whether implementation of this section has served the intended purpose of this section1 including by creating jobs or providing other benefits2 and 7#c7 any recommendations for modifications to this section and the implementation of this section4 ,,xi ,raising the minimum wage and strengthening overtime rights ,a ,raise the ,wage ,act #aaaaa4 ,short title ,this subtitle may be cited as the ,raise the ,wage ,act4 #aaaab4 ,minimum wage increases 7a7 ,in general ,section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 is amended to read as follows3 7#a7 except as otherwise provided in this section1 not less than-- 7,a7 #h4ee an hour1 beginning on the effective date under section #aaaag of the ,raise the ,wage ,act2 7,b7 #i4he an hour1 beginning #a year after such effective date2 7,c7 #aa4ae an hour1 beginning #b years after such effective date2 7,d7 #ab4de an hour1 beginning #c years after such effective date2 7,e7 #ac4ge an hour1 beginning #d years after such effective date2 7,f7 #ae4jj an hour1 beginning #e years after such effective date2 and 7,g7 beginning on the date that is #f years after such effective date1 and annually thereafter1 the amount determined by the ,secretary under subsection 7h72 4 7b7 ,determination based on increase in the median hourly wage of all employees ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 is amended by adding at the end the following3 7h7 7#a7 ,not later than each date that is #ij days before a new minimum wage determined under subsection 7a77#a77;,g7 is to take effect1 the ,secretary shall determine the minimum wage to be in effect under this subsection for each period described in subsection 7a77#a77;,g74 ,the wage determined under this subsection for a year shall be-- 7,a7 not less than the amount in effect under subsection 7a77#a7 on the date of such determination2 7,b7 increased from such amount by the annual percentage increase1 if any1 in the median hourly wage of all employees as determined by the ,bureau of ,labor ,statistics2 and 7,c7 rounded up to the nearest multiple of #j4je4 7#b7 ,in calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph 7#a77;,b71 the ,secretary1 through the ,bureau of ,labor ,statistics1 shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year4 4 #aaaac4 ,tipped employees 7a7 ,base minimum wage for tipped employees and tips retained by employees ,section #c7m77#b77;,a77i7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77i77 is amended to read as follows3 7i7 the cash wage paid such employee1 which for purposes of such determination shall be not less than-- 7,i7 for the #a-year period beginning on the effective date under section #aaaag of the ,raise the ,wage ,act1 #c4fj an hour2 7,,ii7 for each succeeding #a-year period until the hourly wage under this clause equals the wage in effect under section #f7;a77#a7 for such period1 an hourly wage equal to the amount determined under this clause for the preceding year1 increased by the lesser of-- 7aa7 #a4ej2 or 7bb7 the amount necessary for the wage in effect under this clause to equal the wage in effect under section #f7;a77#a7 for such period1 rounded up to the nearest multiple of #j4je2 and 7,,iii7 for each succeeding #a-year period after the increase made pursuant to subclause 7,,ii71 the minimum wage in effect under section #f7;a77#a72 and 4 7b7 ,tips retained by employees ,section #c7m77#b77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77 is amended-- 7#a7 in the second sentence of the matter following clause 7ii71 by striking of this subsection1 and all tips received by such employee have been retained by the employee and inserting of this subsection4 ,any employee shall have the right to retain any tips received by such employee2 and 7#b7 by adding at the end the following3 ,an employer shall inform each employee of the right and exception provided under the preceding sentence44 7c7 ,scheduled repeal of separate minimum wage for tipped employees 7#a7 ,tipped employees ,section #c7m77#b77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a771 as amended by subsections 7a7 and 7b71 is further amended by striking the sentence beginning with ,in determining the wage an employer is required to pay a tipped employee1 and all that follows through of this subsection4 and inserting ,the wage required to be paid to a tipped employee shall be the wage set forth in section #f7;a77#a744 7#b7 ,publication of notice ,subsection 7i7 of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by section #aaaae1 is further amended by striking or in accordance with subclause 7,,ii7 or 7,,iii7 of section #c7m77#b77;,a77i74 7#c7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 shall take effect on the date that is one day after the date on which the hourly wage under subclause 7,,iii7 of section #c7m77#b77;,a77i7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77i771 as amended by subsection 7a71 takes effect4 #aaaad4 ,newly hired employees who are less than #bj years old 7a7 ,base minimum wage for newly hired employees who are less than #bj years old ,section #f7;g77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;g77#a77 is amended by striking a wage which is not less than #d4be an hour4 and inserting the following3 a wage at a rate that is not less than-- 7,a7 for the #a-year period beginning on the effective date under section #aaaag of the ,raise the ,wage ,act1 #e4ej an hour2 7,b7 for each succeeding #a-year period until the hourly wage under this paragraph equals the wage in effect under section #f7;a77#a7 for such period1 an hourly wage equal to the amount determined under this paragraph for the preceding year1 increased by the lesser of-- 7i7 #a4be2 or 7ii7 the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section #f7;a77#a7 for such period1 rounded up to the nearest multiple of #j4je2 and 7,c7 for each succeeding #a-year period after the increase made pursuant to subparagraph 7,b77ii71 the minimum wage in effect under section #f7;a77#a74 4 7b7 ,scheduled repeal of separate minimum wage for newly hired employees who are less than #bj years old 7#a7 ,in general ,section #f7;g77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;g77#a771 as amended by subsection 7a71 shall be repealed4 7#b7 ,publication of notice ,subsection 7i7 of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by section #aaaac7;c77#b71 is further amended by striking or subparagraph 7,b7 or 7,c7 of subsection 7g77#a714 7#c7 ,effective date ,the repeal and amendment made by paragraphs 7#a7 and 7#b71 respectively1 shall take effect on the date that is one day after the date on which the hourly wage under subparagraph 7,c7 of section #f7;g77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;g77#a771 as amended by subsection 7a71 takes effect4 #aaaae4 ,publication of notice ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by the preceding sections1 is further amended by adding at the end the following3 7i7 ,not later than #fj days prior to the effective date of any increase in the required wage determined under subsection 7a77#a7 or subparagraph 7,b7 or 7,c7 of subsection 7g77#a71 or in accordance with subclause 7,,ii7 or 7,,iii7 of section #c7m77#b77;,a77i7 or section #ad7;c77#a77;,a71 the ,secretary shall publish in the ,federal ,register and on the website of the ,department of ,labor a notice announcing each increase in such required wage4 4 #aaaaf4 ,promoting economic self-sufficiency for individuals with disabilities 7a7 ,wages 7#a7 ,transition to fair wages for individuals with disabilities ,subparagraph 7,a7 of section #ad7;c77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#a77 is amended to read as follows3 7,a7 at a rate that equals1 or exceeds1 for each year1 the greater of-- 7i7 7,i7 #d4be an hour1 beginning #a year after the date the wage rate specified in section #f7;a77#a77;,a7 takes effect2 7,,ii7 #f4dj an hour1 beginning #b years after such date2 7,,iii7 #h4ee an hour1 beginning #c years after such date2 7,,iv7 #aj4gj an hour1 beginning #d years after such date2 7,v7 #ab4he an hour1 beginning #e years after such date2 and 7,,vi7 the wage rate in effect under section #f7;a77#a71 on the date that is #f years after the date the wage specified in section #f7;a77#a77;,a7 takes effect2 or 7ii7 if applicable1 the wage rate in effect on the day before the date of enactment of the ,raise the ,wage ,act for the employment1 under a special certificate issued under this paragraph1 of the individual for whom the wage rate is being determined under this subparagraph1 4 7#b7 ,prohibition on new special certificates2 sunset ,section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77 7as amended by paragraph 7#a77 is further amended by adding at the end the following3 7#f7 ,prohibition on new special certificates ,notwithstanding paragraph 7#a71 the ,secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the ,raise the ,wage ,act4 7#g7 ,sunset ,beginning on the day after the date on which the wage rate described in paragraph 7#a77;,a77i77,,vi7 takes effect1 the authority to issue special certificates under paragraph 7#a7 shall expire1 and no special certificates issued under paragraph 7#a7 shall have any legal effect4 7#h7 ,transition assistance ,upon request1 the ,secretary shall provide-- 7,a7 technical assistance and information to employers issued a special certificate under this subsection for the purposes of-- 7i7 transitioning the practices of such employers to comply with this subsection1 as amended by the ,raise the ,wage ,act2 and 7ii7 ensuring continuing employment opportunities for individuals with disabilities receiving a special minimum wage rate under this subsection2 and 7,b7 information to individuals employed at a special minimum wage rate under this subsection1 which may include referrals to ,federal or ,state entities with expertise in competitive integrated employment4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date of enactment of this ,act4 7b7 ,publication of notice 7#a7 ,amendment ,subsection 7i7 of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by section #aaaad7;b77#b71 is further amended by striking or section #ad7;c77#a77;,a714 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the day after the date on which the wage rate described in paragraph 7#a77;,a77i77,,vi7 of section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c771 as amended by subsection 7a77#a71 takes effect4 #aaaag4 ,general effective date ,except as otherwise provided in this subtitle or the amendments made by this subtitle1 this subtitle and the amendments made by this subtitle shall take effect on the first day of the third month that begins after the date of enactment of this ,act4 ,b ,restoring ,overtime ,pay ,act #aaaba4 ,short title ,this subtitle may be cited as the ,restoring ,overtime ,pay ,act4 #aaabb4 ,minimum salary threshold for bona fide executive1 administrative1 and professional employees exempt from ,federal overtime compensation requirements 7a7 ,in general ,section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by inserting subsection 7k7 and after subject to2 and 7,b7 by inserting 7except as provided under subsection 7k77#b77;,c77 after ,administrative ,procedure ,act2 and 7#b7 by adding at the end the following3 7k7 ,minimum salary threshold 7#a7 ,in general ,beginning on the effective date of the ,restoring ,overtime ,pay ,act1 the ,secretary shall require that an employee described in subsection 7a77#a71 as a requirement for exemption under such subsection1 be compensated on a salary basis1 or equivalent fee basis1 within the meaning of such terms in subpart ,g of part #eda of title #bi1 ,code of ,federal ,regulations 7or any successor regulation71 at a rate per week that is not less than the salary threshold under paragraph 7#b74 7#b7 ,salary threshold 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the salary threshold shall be an amount that is equal to the #djth percentile of earnings of full-time salaried workers in the lowest-wage census region1 as determined by the ,bureau of ,labor ,statistics based on data from the second quarter of the calendar year preceding the calendar year in which such amount takes effect4 7,b7 ,increased threshold ,the ,secretary may establish1 through notice and comment rulemaking under section #eec of title #e1 ,united ,states ,code1 a salary threshold that is an amount that-- 7i7 is greater than the #djth percentile of earnings of the full-time salaried workers described in subparagraph 7,a72 and 7ii7 is calculated based on a data set and methodology established by the ,secretary that are capable of being updated in accordance with subparagraph 7,c74 7,c7 ,automatic updates 7i7 ,in general ,not later than #c years after the salary threshold first takes effect under subparagraph 7,a71 and every #c years thereafter1 or1 in the case in which the ,secretary establishes an increased salary threshold under subparagraph 7,b71 every #c years after establishing such increased salary threshold1 the ,secretary shall update the amount of the salary threshold in effect under subparagraph 7,a7 or 7,b71 as applicable1 so that such amount is equal to-- 7,i7 in the case in which the ,secretary does not establish an increased salary threshold under subparagraph 7,b71 the #djth percentile of earnings of full-time salaried workers in the lowest-wage census region1 as determined by the ,bureau of ,labor ,statistics based on data from the second quarter of the calendar year preceding the calendar year in which such updated amount is to take effect2 and 7,,ii7 in the case in which the ,secretary establishes an increased salary threshold under subparagraph 7,b71 the greater of-- 7aa7 the #djth percentile described in subclause 7,i72 and 7bb7 the increased salary threshold established under subparagraph 7,b71 as updated in accordance with the data set and methodology established by the ,secretary under subparagraph 7,b77ii74 7ii7 ,nonapplicability of rulemaking ,any update described in this subparagraph shall not be subject to the requirements of notice and comment rulemaking under section #eec of title #e1 ,united ,states ,code4 7,d7 ,notice requirement ,not later than #fj days before a revised salary threshold under this paragraph takes effect1 the ,secretary shall publish a notice announcing the amount in the ,federal ,register and on the internet website of the ,department of ,labor4 7#c7 ,duties test ,the ,secretary shall1 in addition to the requirement under paragraph 7#a71 continue to require employees to satisfy a duties test1 as prescribed by the ,secretary1 in defining and delimiting the terms described in subsection 7a77#a74 4 7b7 ,publication of earnings ,not later than #ba days after the end of each calendar quarter1 the ,bureau of ,labor ,statistics shall publish on its public website1 for each week of such quarter1 data on the weekly earnings of nonhourly1 full-time salaried workers by census region 7as designated by the ,bureau of the ,census74 7c7 ,effective date ,this subtitle1 and the amendments made by this subtitle1 shall take effect on the first day of the third month that begins after the date of enactment of this ,act4