[Congressional Record Volume 166, Number 215 (Friday, December 18, 2020)]
[Senate]
[Pages S7713-S7806]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCHUMER (for himself, Mrs. Murray, Mr. Wyden, Mr. Durbin, 
        Mr. Reed, Mr. Carper, Ms. Stabenow, Mr. Brown, Mr. Warner, Mrs. 
        Gillibrand, Ms. Hirono, Mr. Booker, Ms. Duckworth, Ms. Harris, 
        Mr. Udall, Mr. Cardin, Ms. Baldwin, Mr. Merkley, Mr. 
        Whitehouse, Mr. Schatz, Mr. Sanders, Ms. Klobuchar, Mr. 
        Blumenthal, Mr. Van Hollen, Mr. Heinrich, and Mr. Peters):
  S. 5065. A bill to provide more than $435,000,000,000 in immediate 
and long-term investments in communities to promote economic justice, 
and for other purposes; to the Committee on Finance.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 5065

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Economic Justice Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Emergency designation.

                TITLE I--CHILD CARE IS ESSENTIAL PROGRAM

Sec. 1001. Child care is essential program.

   TITLE II--EXPANDING AND IMPROVING ACCESS TO COMMUNITY HEALTH CARE

  Subtitle A--Support for Health Centers, Hospitals, and Other Health 
                            Care Facilities

Sec. 2101. Primary health care.
Sec. 2102. Additional community health center funding.
Sec. 2103. Teaching health centers that operate graduate medical 
              education program.
Sec. 2104 Hospital infrastructure.
Sec. 2105. 21st century Indian health program hospitals and outpatient 
              health care facilities.
Sec. 2106. Pilot program to improve community-based care 
              infrastructure.
Sec. 2107. School-based health centers.

         Subtitle B--Support for Health Care Workforce Training

Sec. 2201. Grants for schools of medicine and schools of osteopathic 
              medicine in underserved areas.
Sec. 2202. Support for nursing education and the future nursing 
              workforce.
Sec. 2203. Loan Repayment Program for substance use disorder treatment 
              workforce.
Sec. 2204. Loan repayment and scholarship programs for the nursing 
              workforce.
Sec. 2205. Additional funding for health professions education.
Sec. 2206. Additional funding for nursing workforce development.
Sec. 2207. National Health Service Corps.

          Subtitle C--Improving Access to Health Care Services

Sec. 2301. Expanding access to mental health services and certain 
              evaluation and management services furnished through 
              telehealth.
Sec. 2302. Enhanced Federal Medicaid support for community-based mobile 
              crisis intervention services.
Sec. 2303. Extension and expansion of Community Mental Health Services 
              demonstration program; funding for the Certified 
              Community Behavioral Health Clinic Expansion Grant 
              Program.

[[Page S7714]]

Sec. 2304. Expanding capacity for health outcomes.
Sec. 2305. Ryan White HIV/AIDS program.
Sec. 2306. Community mental health services block grant.
Sec. 2307. Substance abuse prevention and treatment block grant.

   TITLE III--FEDERALLY SUPPORTED JOBS, TRAINING, AND AT-RISK YOUTH 
                              INITIATIVES

    Subtitle A--Department of Labor Employment and Training Programs

Sec. 3101. Definitions and WIOA requirements.

Chapter 1--Workforce Development Activities in Response to the COVID-19 
                           National Emergency

Sec. 3111. Workforce response activities.
Sec. 3112. National dislocated worker grants.
Sec. 3113. State dislocated worker activities responding to the COVID-
              19 emergency.
Sec. 3114. Youth workforce investment activities responding to the 
              COVID-19 national emergency.
Sec. 3115. Adult employment and training activities responding to the 
              COVID-19 national emergency.

Chapter 2--Employment Service COVID-19 National Emergency Response Fund

Sec. 3121. Employment service.

    Chapter 3--Job Corps Response to the COVID-19 National Emergency

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

                      Chapter 4--National Programs

Sec. 3141. Native American programs responding to the COVID-19 national 
              emergency.
Sec. 3142. Migrant and seasonal farmworker program response.
Sec. 3143. YouthBuild activities responding to the COVID-19 national 
              emergency.
Sec. 3144. Reentry employment opportunities responding to the COVID-19 
              national emergency.
Sec. 3145. Registered apprenticeship opportunities responding to the 
              COVID-19 national emergency.

  Chapter 5--Adult Education and Literacy COVID-19 National Emergency 
                                Response

Sec. 3151. Definitions.
Sec. 3152. Adult education and literacy response activities.
Sec. 3153. Distribution of funds.

      Chapter 6--Community College and Industry Partnership Grants

Sec. 3161. Community college and industry partnership grants.

         Chapter 7--Senior Community Service Employment Program

Sec. 3171. Appropriations.

                     Chapter 8--General Provisions

Sec. 3176. General provisions.

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

Sec. 3201. Definitions and Perkins CTE requirements.
Sec. 3202. COVID-19 career and technical education response 
              flexibility.
Sec. 3203. Perkins career and technical education.
Sec. 3204. General provisions.

                  Subtitle C--Pandemic TANF Assistance

Sec. 3301. Emergency flexibility for State and Tribal TANF programs.
Sec. 3302. Coronavirus Emergency Assistance Grants for Low-Income 
              Families.

             Subtitle D--Preventing Child Abuse and Neglect

Sec. 3401. CAPTA investments.

                 Subtitle E--Modernizing Child Support

Sec. 3501. Short title; definition.

   Chapter 1--Promoting Responsible Fatherhood and Strengthening Low-
                            Income Families

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

    Chapter 2--Improving Resources for Domestic Violence and Family 
                             Strengthening

Sec. 3521. Best practices for coordination of policy to address 
              domestic violence and family engagement.
Sec. 3522. Grants supporting healthy family partnerships for domestic 
              violence intervention and prevention.
Sec. 3523. Procedures to address domestic violence.

         Chapter 3--Modernization of Child Support Enforcement

Sec. 3531. Pilot program to stay automatic child support enforcement 
              against non-custodial parents participating in a healthy 
              marriage or responsible fatherhood program.
Sec. 3532. Closure of certain child support enforcement cases.

            Chapter 4--Parenting Time Services Pilot Program

Sec. 3541. Parenting time services pilot program.

 Chapter 5--Improvements to the Child Support Pass-through Requirements

Sec. 3551. Child support pass-through program improvements.
Sec. 3552. Ban on recovery of Medicaid costs for births.
Sec. 3553. Improving State documentation and reporting of child support 
              collection data.

      Chapter 6--Program Flexibility During the COVID-19 Pandemic

Sec. 3561. Emergency TANF flexibility.
Sec. 3562. 2020 recovery rebates not subject to reduction or offset 
              with respect to past-due support.
Sec. 3563. Protection of 2020 recovery rebates.

                       Chapter 7--Effective Date

Sec. 3571. Effective date.

           TITLE IV--CAPITAL AND SUPPORT FOR SMALL BUSINESSES

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

Sec. 4101. Community advantage loan program.
Sec. 4102. Spurring innovation in underserved markets.
Sec. 4103. Office of Emerging Markets.
Sec. 4104. SBIC Diversity Working Group.

                Subtitle B--Minority Business Resiliency

Sec. 4201. Short title.
Sec. 4202. Findings and purposes.
Sec. 4203. Definitions.
Sec. 4204. Minority Business Development Agency.

                   Chapter 1--COVID-19 Rapid Response

Sec. 4211. Emergency appropriation.

                    Chapter 2--Existing Initiatives

      subchapter a--market development, research, and information

Sec. 4221. Private sector development.
Sec. 4222. Public sector development.
Sec. 4223. Research and information.

       subchapter b--minority business development center program

Sec. 4231. Purpose.
Sec. 4232. Definitions.
Sec. 4233. Establishment.
Sec. 4234. Cooperative agreements.
Sec. 4235. Minimizing disruptions to existing Business Centers program.
Sec. 4236. Publicity.
Sec. 4237. Authorization of appropriations.

Chapter 3--New Initiatives to Promote Economic Resiliency for Minority 
                               Businesses

Sec. 4241. Annual diverse business forum on capital formation.
Sec. 4242. Agency study on alternative financing solutions.
Sec. 4243. Educational development relating to management and 
              entrepreneurship.

Chapter 4--Administrative and Other Powers of the Agency; Miscellaneous 
                               Provisions

Sec. 4251. Administrative powers.
Sec. 4252. Financial assistance.
Sec. 4253. Audits.
Sec. 4254. Review and report by Comptroller general.
Sec. 4255. Annual reports; recommendations.
Sec. 4256. Separability.
Sec. 4257. Executive Order 11625.
Sec. 4258. Amendment to the Federal Acquisition Streamlining Act of 
              1994.

                       Subtitle C--PRIME Program

Sec. 4301. Funding for PRIME program.

     Subtitle D--Providing Real Opportunities for Growth to Rising 
                  Entrepreneurs for Sustained Success

Sec. 4401. Angel Investor Tax Credit.
Sec. 4402. First Employee Business Wage Credit.

              Subtitle E--Community Development Investment

Sec. 4501. Short title.
Sec. 4502. Purpose.
Sec. 4503. Considerations; requirements for creditors.
Sec. 4504. Sense of Congress.
Sec. 4505. Neighborhood Capital Investment Program.
Sec. 4506. Emergency support for CDFIs and communities.
Sec. 4507. Ensuring diversity in community banking.
Sec. 4508. Establishment of Financial Agent Partnership Program.
Sec. 4509. Strengthening minority lending institutions.
Sec. 4510. CDFI Bond Guarantee Reform.
Sec. 4511. Reports.
Sec. 4512. Inspector General oversight.
Sec. 4513. Study and report with respect to impact of programs on low- 
              and moderate-income and minority communities.

      TITLE V--DOWNPAYMENT ON BUILDING 21ST CENTURY INFRASTRUCTURE

Sec. 5001. Findings.

                    Subtitle A--High-speed Internet

Sec. 5101. Definitions.

                 Chapter 1--Broadband Connectivity Fund

Sec. 5111. Definitions.
Sec. 5112. Additional broadband benefit.
Sec. 5113. Grants to States to strengthen National Lifeline Eligibility 
              Verifier.
Sec. 5114. Federal coordination between Lifeline and SNAP verification.

                      Chapter 2--Tribal Broadband

Sec. 5121. Definitions.
Sec. 5122. Tribal Broadband Fund.
Sec. 5123. Interagency coordination program.
Sec. 5124. Broadband for Tribal libraries and consortiums.
Sec. 5125. Tribal set-aside.
Sec. 5126. Universal service on Tribal land.

[[Page S7715]]

Sec. 5127. Tribal broadband factor.
Sec. 5128. Pilot program for Tribal grant of rights-of-way for 
              broadband facilities.

                      Chapter 3--Connected Devices

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

                       Chapter 4--Digital Equity

Sec. 5141. Short title.
Sec. 5142. Definitions.
Sec. 5143. Sense of Congress.
Sec. 5144. State Digital Equity Capacity Grant Program.
Sec. 5145. Digital Equity Competitive Grant Program.
Sec. 5146. Policy research, data collection, analysis and modeling, 
              evaluation, and dissemination.
Sec. 5147. General provisions.

Subtitle B--Affordable Housing and Community Investments and Restoring 
                        Fair Housing Protections

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

      Subtitle C--School, Library, and Institution Infrastructure

                    Chapter 1--School Infrastructure

Sec. 5301. Definitions.
Sec. 5302. Development of data standards.
Sec. 5303. Grants for the long-term improvement of public school 
              facilities.
Sec. 5304. Uses of funds.
Sec. 5305. Rule of construction.
Sec. 5306. Green practices.
Sec. 5307. Use of American iron, steel, and manufactured products.
Sec. 5308. Annual report on grant program.
Sec. 5309. Appropriations.
Sec. 5310. Appropriations for impact aid construction.

                   Chapter 2--Library Infrastructure

Sec. 5321. Definitions.
Sec. 5322. Build America's Libraries Fund.
Sec. 5323. Allocation to States.
Sec. 5324. Need-based grants to libraries.
Sec. 5325. Administration and oversight.
Sec. 5326. Appropriation of funds.

     Chapter 3--HBCU, TCU, and Other Minority-serving Institution 
                             Infrastructure

Sec. 5331. Cancellation of debt under HBCU capital financing program.
Sec. 5332. Additional appropriations for the HBCU historic preservation 
              program.
Sec. 5333. Funding for construction of new facilities at TCUs.
Sec. 5334. Additional appropriations for HBCUs, TCUs, and minority-
              serving institutions.
Sec. 5335. Study and report on the physical condition of HBCUs and 
              TCUs.

                   Subtitle D--Environmental Justice

           Chapter 1--Drinking Water and Clean Water Programs

Sec. 5401. Sewer overflow and stormwater reuse municipal grants.
Sec. 5402. Clean water infrastructure resiliency and sustainability 
              program.
Sec. 5403. Grants for construction, refurbishing, and servicing of 
              individual household decentralized wastewater systems for 
              individuals with low or moderate income.
Sec. 5404. Connection to publicly owned treatment works.
Sec. 5405. Water pollution control revolving loan fund capitalization 
              grants.
Sec. 5406. Water pollution control revolving loan funds.
Sec. 5407. Authorization of appropriations for water pollution control 
              State revolving funds.
Sec. 5408. Brownfields funding.
Sec. 5409. Technical assistance and grants for emergencies affecting 
              public water systems.
Sec. 5410. Grants for state programs.
Sec. 5411. Drinking water State revolving loan funds.
Sec. 5412. Source water petition program.
Sec. 5413. Assistance for small and disadvantaged communities.
Sec. 5414. Reducing lead in drinking water.
Sec. 5415. Operational sustainability of small public water systems.
Sec. 5416. Drinking water system infrastructure resilience and 
              sustainability program.
Sec. 5417. Needs assessment for nationwide rural and urban low-income 
              community water assistance.
Sec. 5418. Lead contamination in school drinking water.
Sec. 5419. Indian reservation drinking water program.
Sec. 5420. Water infrastructure and workforce investment.
Sec. 5421. Small and disadvantaged community analysis.
Sec. 5422. Mapping and screening tool.
Sec. 5423. Emergency household water and wastewater assistance program.
Sec. 5424. Requirement.

                     Chapter 2--Clean Air Programs

Sec. 5431. Wood heaters emissions reduction.
Sec. 5432. Diesel emissions reduction program.
Sec. 5433. Protection of the Mercury and Air Toxics Standards.
Sec. 5434. Net zero emissions at port facilities program.

                   Chapter 3--Healthy Transportation

Sec. 5441. Restoring neighborhoods and strengthening communities 
              program.
Sec. 5442. Safer Healthier Streets program.

        Chapter 4--Outdoor Recreation Legacy Partnership Program

Sec. 5451. Definitions.
Sec. 5452. Grants authorized.
Sec. 5453. Eligible uses.
Sec. 5454. National Park Service requirements.
Sec. 5455. Reporting.
Sec. 5456. Revenue sharing.

                 Subtitle E--Labor and Wage Protections

Sec. 5501. Labor standards.
Sec. 5502. Wage rate.
Sec. 5503. Infrastructure workforce equity capacity building program.
Sec. 5504. Severability.

            TITLE VI--NEW HOMEBUYERS DOWN PAYMENT TAX CREDIT

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

         TITLE VII--RENTERS AND LOW-INCOME HOUSING TAX CREDITS

Sec. 7001. Renters credit.
Sec. 7002. Minimum credit rate.

                TITLE VIII--EXPANDING MEDICAID COVERAGE

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

           TITLE IX--ADDRESSING MATERNAL MORTALITY AND HEALTH

Sec. 9001. Expanding Medicaid coverage for pregnant individuals.
Sec. 9002. Community engagement in maternal mortality review 
              committees.
Sec. 9003. Increased maternal levels of care in communities of color.
Sec. 9004. Reporting on pregnancy-related and pregnancy-associated 
              deaths and complications.
Sec. 9005. Respectful maternity care compliance program.
Sec. 9006. Bias training for all employees in maternity care settings.
Sec. 9007. Study on reducing and preventing bias, racism, and 
              discrimination in maternity care settings.
Sec. 9008. Maternal Health Research Network.
Sec. 9009. Innovation in maternity care to close racial and ethnic 
              maternal health disparities in mental health and 
              substance use disorder treatment grants.
Sec. 9010. Grants to grow and diversify the perinatal workforce.
Sec. 9011. Grants to grow and diversify the doula workforce.
Sec. 9012. Grants to State, local, and tribal public health departments 
              addressing social determinants of health for pregnant and 
              postpartum women.

 TITLE X--10-20-30 ANTI-POVERTY INITIATIVE AND HIRING AND CONTRACTING 
                             OPPORTUNITIES

              Subtitle A--10-20-30 Anti-poverty Initiative

Sec. 10101. Definitions.
Sec. 10102. 10-20-30 formula for persistent poverty counties.
Sec. 10103. Targeting high-poverty census tracts.
Sec. 10104. Failure to target funds.
Sec. 10105. Report to Congress.

                    Subtitle B--Hiring Opportunities

Sec. 10211. Local hiring initiative for construction jobs.

  TITLE XI--RAISING THE MINIMUM WAGE AND STRENGTHENING OVERTIME RIGHTS

                     Subtitle A--Raise the Wage Act

Sec. 11111. Short title.
Sec. 11112. Minimum wage increases.
Sec. 11113. Tipped employees.
Sec. 11114. Newly hired employees who are less than 20 years old.
Sec. 11115. Publication of notice.
Sec. 11116. Promoting economic self-sufficiency for individuals with 
              disabilities.
Sec. 11117. General effective date.

                 Subtitle B--Restoring Overtime Pay Act

Sec. 11121. Short title.
Sec. 11122. Minimum salary threshold for bona fide executive, 
              administrative, and professional employees exempt from 
              Federal overtime compensation requirements.

     SEC. 3. EMERGENCY DESIGNATION.

       (a) In General.--The amounts provided by this Act are 
     designated as an emergency requirement pursuant to section 
     4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 
     933(g)).
       (b) Designation in Senate.--In the Senate, this Act is 
     designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
     resolution on the budget for fiscal year 2018.

                TITLE I--CHILD CARE IS ESSENTIAL PROGRAM

     SEC. 1001. CHILD CARE IS ESSENTIAL PROGRAM.

       (a) Definitions.--In this section, the terms ``eligible 
     child care provider'', ``Indian tribe'', ``lead agency'', 
     ``tribal organization'', ``Secretary'', and ``State'' have 
     the meanings given the terms in section 658P of the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858n) except as otherwise provided in this section.
       (b) Grants.--From funds appropriated to carry out this 
     section and under the authority of section 658O of the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C.

[[Page S7716]]

     9858m) and this section, the Secretary shall establish a 
     Child Care Stabilization Fund grants program, through which 
     the Secretary shall award child care stabilization grants to 
     the lead agency of each State (as defined in that section 
     658O), territory described in subsection (a)(1) of such 
     section, Indian tribe, and tribal organization from 
     allotments and payments made under subsection (c)(2), not 
     later than 30 days after the date of enactment of this Act.
       (c) Secretarial Reservation and Allotments.--
       (1) Reservation.--The Secretary shall reserve not more than 
     1 percent of the funds appropriated to carry out this section 
     for the Federal administration of grants described in 
     subsection (b). Amounts reserved by the Secretary for such 
     administration shall remain available through fiscal year 
     2024.
       (2) Allotments.--The Secretary shall use the remainder of 
     the funds appropriated to carry out this section to award 
     allotments to States, as defined in section 658O of the Child 
     Care Development Block Grant Act of 1990 (42 U.S.C. 9858m), 
     and payments to territories, Indian tribes, and tribal 
     organizations in accordance with paragraphs (1) and (2) of 
     subsection (a), and subsection (b), of section 658O of the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858m).
       (d) State Reservations and Subgrants.--
       (1) Reservation.--A lead agency for a State that receives a 
     child care stabilization grant pursuant to subsection (b) 
     shall reserve not more than 10 percent of such grant funds--
       (A) to administer subgrants made to qualified child care 
     providers under paragraph (2), including to carry out data 
     systems building and other activities that enable the 
     disbursement of payments of such subgrants;
       (B) to provide technical assistance and support in applying 
     for and accessing the subgrant opportunity under paragraph 
     (2), to eligible child care providers (including to family 
     child care providers, group home child care providers, and 
     other non-center-based child care providers, providers in 
     rural areas, and providers with limited administrative 
     capacity), either directly or through resource and referral 
     agencies or staffed family child care networks;
       (C) to publicize the availability of subgrants under this 
     section and conduct widespread outreach to eligible child 
     care providers, including family child care providers, group 
     home child care providers, and other non-center-based child 
     care providers, providers in rural areas, and providers with 
     limited administrative capacity, either directly or through 
     resource and referral agencies or staffed family child care 
     networks, to ensure eligible child care providers are aware 
     of the subgrants available under this section;
       (D) to carry out the reporting requirements described in 
     subsection (f); and
       (E) to carry out activities to improve the supply and 
     quality of child care during and after the qualifying 
     emergency, such as conducting community needs assessments, 
     carrying out child care cost modeling, making improvements to 
     child care facilities, increasing access to licensure or 
     participation in the State's tiered quality rating system, 
     and carrying out other activities described in section 
     658G(b) of the Child Care and Development Block Grant Act of 
     1990 (42 U.S.C. 9858e(b)), to the extent that the lead agency 
     can carry out activities described in this subparagraph 
     without preventing the lead agency from fully conducting the 
     activities described in subparagraphs (A) through (D).
       (2) Subgrants to qualified child care providers.--
       (A) In general.--The lead agency shall use the remainder of 
     the grant funds awarded pursuant to subsection (b) to make 
     subgrants to qualified child care providers described in 
     subparagraph (B), to support the stability of the child care 
     sector during and after the qualifying emergency and to 
     ensure the maintenance of a delivery system of child care 
     services throughout the State that provides for child care in 
     a variety of settings, including the settings of family child 
     care providers, and for a variety of ages, including care for 
     infants and toddlers. The lead agency shall provide the 
     subgrant funds in advance of provider expenditures for costs 
     described in subsection (e), except as provided in subsection 
     (e)(2).
       (B) Qualified child care provider.--To be qualified to 
     receive a subgrant under this paragraph, a provider shall be 
     an eligible child care provider that--
       (i) was providing child care services on or before March 1, 
     2020; and
       (ii) on the date of submission of an application for the 
     subgrant, was either--

       (I) open and available to provide child care services; or
       (II) closed due to the qualifying emergency.

       (C) Subgrant amount.--The lead agency shall make subgrants, 
     from amounts awarded pursuant to subsection (b), to qualified 
     child care providers, and the amount of such a subgrant to 
     such a provider shall--
       (i)(I) be based on the provider's stated average operating 
     expenses during the period (of not longer than 6 months) 
     before March 1, 2020 or, for a provider that operates 
     seasonally, during a period (of not longer than 6 months) 
     before the provider's last day of operation; and
       (II) at minimum cover such operating expenses for the 
     intended length of the subgrant;
       (ii) account for increased costs of providing or preparing 
     to provide child care as a result of the qualifying 
     emergency, such as provider and employee compensation and 
     existing benefits (existing as of March 1, 2020) and the 
     implementation of new practices related to sanitization, 
     group size limits, and social distancing;
       (iii) be adjusted for payments or reimbursements made to an 
     eligible child care provider to carry out the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) 
     or the Head Start Act (42 U.S.C. 9831 et seq.) if the period 
     of such payments or reimbursements overlaps with the period 
     of the subgrant; and
       (iv) be adjusted for payments or reimbursements made to an 
     eligible child care provider through the Paycheck Protection 
     Program set forth in section 7(a)(36) of the Small Business 
     Act (15 U.S.C. 636(a)(36)), as added by section 1102 of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) if the period of such payments or reimbursements 
     overlaps with the period of the subgrant.
       (D) Application.--
       (i) Eligibility.--To be eligible to receive a subgrant 
     under this paragraph, a child care provider shall submit an 
     application to a lead agency at such time and in such manner 
     as the lead agency may require. Such application shall 
     include--

       (I) a good-faith certification that the ongoing operations 
     of the child care provider have been impacted as a result of 
     the qualifying emergency;
       (II) for a provider described in subparagraph (B)(ii)(I), 
     an assurance that, for the period of the subgrant--

       (aa) the provider will give priority for available slots 
     (including slots that are only temporarily available) to--
       (AA) children of essential workers (such as health care 
     sector employees, emergency responders, sanitation workers, 
     farmworkers, child care employees, and other workers 
     determined to be essential during the response to COVID-19 by 
     public officials), children of workers whose places of 
     employment require their attendance, children experiencing 
     homelessness, children with disabilities, children at risk of 
     child abuse or neglect, and children in foster care, in 
     States, tribal communities, or localities where stay-at-home 
     or related orders are in effect; or
       (BB) children of workers whose places of employment require 
     their attendance, children experiencing homelessness, 
     children with disabilities, children at risk of child abuse 
     or neglect, children in foster care, and children whose 
     parents are in school or a training program, in States, 
     tribal communities, or localities where stay-at-home or 
     related orders are not in effect;
       (bb) the provider will implement policies in line with 
     guidance from the Centers for Disease Control and Prevention 
     and the State, tribal, and local health authorities, and in 
     accordance with State, tribal, and local orders, for child 
     care providers that remain open, including guidance on 
     sanitization practices, group size limits, and social 
     distancing;
       (cc) for each employee, the provider will pay the full 
     compensation described in subsection (e)(1)(C), including any 
     benefits, that was provided to the employee as of March 1, 
     2020 (referred to in this clause as ``full compensation''), 
     and will not take any action that reduces the weekly amount 
     of the employee's compensation below the weekly amount of 
     full compensation, or that reduces the employee's rate of 
     compensation below the rate of full compensation; and
       (dd) the provider will provide relief from copayments and 
     tuition payments for the families enrolled in the provider's 
     program and prioritize such relief for families struggling to 
     make either type of payment;

       (III) for a provider described in subparagraph (B)(ii)(II), 
     an assurance that--

       (aa) for the duration of the provider's closure due to the 
     qualifying emergency, for each employee, the provider will 
     pay full compensation, and will not take any action that 
     reduces the weekly amount of the employee's compensation 
     below the weekly amount of full compensation, or that reduces 
     the employee's rate of compensation below the rate of full 
     compensation;
       (bb) children enrolled as of March 1, 2020, will maintain 
     their slots, unless their families choose to disenroll the 
     children;
       (cc) for the duration of the provider's closure due to the 
     qualifying emergency, the provider will provide relief from 
     copayments and tuition payments for the families enrolled in 
     the provider's program and prioritize such relief for 
     families struggling to make either type of payment; and
       (dd) the provider will resume operations when the provider 
     is able to safely implement policies in line with guidance 
     from the Centers for Disease Control and Prevention and the 
     State, tribal, and local health authorities, and in 
     accordance with State, tribal, and local orders;

       (IV) information about the child care provider's--

       (aa) program characteristics sufficient to allow the lead 
     agency to establish the child care provider's priority 
     status, as described in subparagraph (F);
       (bb) program operational status on the date of submission 
     of the application;
       (cc) type of program, including whether the program is a 
     center-based child care, family child care, group home child 
     care, or other non-center-based child care type program;
       (dd) total enrollment on the date of submission of the 
     application and total capacity as allowed by the State and 
     tribal and local authorities; and

[[Page S7717]]

       (ee) receipt of assistance, and amount of assistance, 
     through a payment or reimbursement described in subparagraph 
     (C)(iv), and the time period for which the assistance was 
     made;

       (V) information necessary to determine the amount of the 
     subgrant, such as information about the provider's stated 
     average operating expenses over the appropriate period 
     described in subparagraph (C)(i); and
       (VI) such other limited information as the lead agency 
     shall determine to be necessary to make subgrants to 
     qualified child care providers.

       (ii) Frequency.--The lead agency shall accept and process 
     applications submitted under this subparagraph on a rolling 
     basis.
       (iii) Updates.--The lead agency shall--

       (I) at least once a month, verify by obtaining a self-
     attestation from each qualified child care provider that 
     received such a subgrant from the agency, whether the 
     provider is open and available to provide child care services 
     or is closed due to the qualifying emergency;
       (II) allow the qualified child care provider to update the 
     information provided in a prior application; and
       (III) adjust the qualified child care provider's subgrant 
     award as necessary, based on changes to the application 
     information, including changes to the provider's operational 
     status.

       (iv) Existing applications.--If a lead agency has 
     established and implemented a grant program for child care 
     providers that is in effect on the date of enactment of this 
     Act, and an eligible child care provider has already 
     submitted an application for such a grant to the lead agency 
     containing the information specified in clause (i), the lead 
     agency shall treat that application as an application 
     submitted under this subparagraph. If an eligible child care 
     provider has already submitted such an application containing 
     part of the information specified in clause (i), the provider 
     may submit to the lead agency an abbreviated application that 
     contains the remaining information, and the lead agency shall 
     treat the 2 applications as an application submitted under 
     this subparagraph.
       (E) Materials.--
       (i) In general.--The lead agency shall provide the 
     materials and other resources related to such subgrants, 
     including a notification of subgrant opportunities and 
     application materials, to qualified child care providers in 
     the most commonly spoken languages in the State.
       (ii) Application.--The application shall be accessible on 
     the website of the lead agency within 30 days after the lead 
     agency receives grant funds awarded pursuant to subsection 
     (b) and shall be accessible to all eligible child care 
     providers, including family child care providers, group home 
     child care providers, and other non-center-based child care 
     providers, providers in rural areas, and providers with 
     limited administrative capacity.
       (F) Priority.--In making subgrants under this section, the 
     lead agency shall give priority to qualified child care 
     providers that, prior to or on March 1, 2020--
       (i) provided child care during nontraditional hours;
       (ii) served dual language learners, children with 
     disabilities, children experiencing homelessness, children in 
     foster care, children from low-income families, or infants 
     and toddlers;
       (iii) served a high proportion of children whose families 
     received subsidies under the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child 
     care; or
       (iv) operated in localities, including rural localities, 
     with a low supply of child care.
       (G) Providers receiving other assistance.--The lead agency, 
     in determining whether a provider is a qualified child care 
     provider, shall not take into consideration receipt of a 
     payment or reimbursement described in clause (iii) or (iv) of 
     subparagraph (C).
       (H) Awards.--The lead agency shall equitably make subgrants 
     under this paragraph to center-based child care providers, 
     family child care providers, group home child care providers, 
     and other non-center-based child care providers, such that 
     qualified child care providers are able to access the 
     subgrant opportunity under this paragraph regardless of the 
     providers' setting, size, or administrative capacity.
       (I) Obligation.--The lead agency shall obligate at least 50 
     percent of funds available to carry out this section for 
     subgrants described in this paragraph not later than 6 months 
     after the date of enactment of this Act.
       (e) Uses of Funds.--
       (1) In general.--A qualified child care provider that 
     receives funds through such a subgrant may use the funds for 
     the costs of--
       (A) payroll;
       (B) employee benefits, including group health plan benefits 
     during periods of paid sick, medical, or family leave, and 
     insurance premiums;
       (C) employee salaries or similar compensation, including 
     any income or other compensation to a sole proprietor or 
     independent contractor that is a wage, commission, income, 
     net earnings from self-employment, or similar compensation;
       (D) employee recruitment and retention;
       (E) payment on any mortgage obligation;
       (F) rent (including rent under a lease agreement);
       (G) utilities and facilities maintenance;
       (H) insurance;
       (I) providing premium pay for child care providers and 
     other employees who provide services during the qualifying 
     emergency;
       (J) sanitization and other costs associated with cleaning;
       (K) personal protective equipment and other equipment 
     necessary to carry out the functions of the child care 
     provider;
       (L) training and professional development related to health 
     and safety practices, including the proper implementation of 
     policies in line with guidance from the Centers for Disease 
     Control and Prevention and the State, tribal, and local 
     health authorities, and in accordance with State, tribal, and 
     local orders;
       (M) purchasing or updating equipment and supplies to serve 
     children during nontraditional hours;
       (N) modifications to child care services as a result of the 
     qualifying emergency, such as limiting group sizes, adjusting 
     staff-to-child ratios, and implementing other heightened 
     health and safety measures;
       (O) mental health services and supports for children and 
     employees; and
       (P) other goods and services necessary to maintain or 
     resume operation of the child care program, or to maintain 
     the viability of the child care provider as a going concern 
     during and after the qualifying emergency.
       (2) Reimbursement.--The qualified child care provider may 
     use the subgrant funds to reimburse the provider for sums 
     obligated or expended before the date of enactment of this 
     Act for the cost of a good or service described in paragraph 
     (1) to respond to the qualifying emergency.
       (f) Reporting.--
       (1) Initial report.--A lead agency receiving a grant under 
     this section shall, within 60 days after making the agency's 
     first subgrant under subsection (d)(2) to a qualified child 
     care provider, submit a report to the Secretary that 
     includes--
       (A) data on qualified child care providers that applied for 
     subgrants and qualified child care providers that received 
     such subgrants, including--
       (i) the number of such applicants and the number of such 
     recipients;
       (ii) the number and proportion of such applicants and 
     recipients that received priority and the characteristic or 
     characteristics of such applicants and recipients associated 
     with the priority;
       (iii) the number and proportion of such applicants and 
     recipients that are--

       (I) center-based child care providers;
       (II) family child care providers;
       (III) group home child care providers; or
       (IV) other non-center-based child care providers; and

       (iv) within each of the groups listed in clause (iii), the 
     number of such applicants and recipients that are, on the 
     date of submission of the application--

       (I) open and available to provide child care services; or
       (II) closed due to the qualifying emergency;

       (B) the total capacity of child care providers that are 
     licensed, regulated, or registered in the State on the date 
     of the submission of the report;
       (C) a description of--
       (i) the efforts of the lead agency to publicize the 
     availability of subgrants under this section and conduct 
     widespread outreach to eligible child care providers about 
     such subgrants, including efforts to make materials available 
     in languages other than English;
       (ii) the lead agency's methodology for determining amounts 
     of subgrants under subsection (d)(2);
       (iii) the lead agency's timeline for disbursing the 
     subgrant funds; and
       (iv) the lead agency's plan for ensuring that qualified 
     child care providers that receive funding through such a 
     subgrant comply with assurances described in subsection 
     (d)(2)(D) and use funds in compliance with subsection (e); 
     and
       (D) such other limited information as the Secretary may 
     require.
       (2) Quarterly report.--The lead agency shall, following the 
     submission of such initial report, submit to the Secretary a 
     report that contains the information described in 
     subparagraphs (A), (B), and (D) of paragraph (1) once a 
     quarter until all funds allotted for activities authorized 
     under this section are expended.
       (3) Final report.--Not later than 60 days after a lead 
     agency receiving a grant under this section has obligated all 
     of the grant funds (including funds received under subsection 
     (h)), the lead agency shall submit a report to the Secretary, 
     in such manner as the Secretary may require, that includes--
       (A) the total number of eligible child care providers who 
     were providing child care services on or before March 1, 
     2020, in the State and the number of such providers that 
     submitted an application under subsection (d)(2)(D);
       (B) the number of qualified child care providers in the 
     State that received funds through the grant;
       (C) the lead agency's methodology for determining amounts 
     of subgrants under subsection (d)(2);
       (D) the average and range of the subgrant amounts by 
     provider type (center-based child care, family child care, 
     group home child care, or other non-center-based child care 
     provider);
       (E) the percentages, of the child care providers that 
     received such a subgrant, that, on or before March 1, 2020--

[[Page S7718]]

       (i) provided child care during nontraditional hours;
       (ii) served dual language learners, children with 
     disabilities, children experiencing homelessness, children in 
     foster care, children from low-income families, or infants 
     and toddlers;
       (iii) served a high percentage of children whose families 
     received subsidies under the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child 
     care; and
       (iv) operated in localities, including rural localities, 
     with a low supply of child care;
       (F) the number of children served by the child care 
     providers that received such a subgrant, for the duration of 
     the subgrant;
       (G) the percentages, of the child care providers that 
     received such a subgrant, that are--
       (i) center-based child care providers;
       (ii) family child care providers;
       (iii) group home child care providers; or
       (iv) other non-center-based child care providers;
       (H) the percentages, of the child care providers listed in 
     subparagraph (G) that are, on the date of submission of the 
     application--
       (i) open and available to provide child care services; or
       (ii) closed due to the qualifying emergency;
       (I) information about how child care providers used the 
     funds received under such a subgrant;
       (J) information about how the lead agency used funds 
     reserved under subsection (d)(1); and
       (K) information about how the subgrants helped to stabilize 
     the child care sector.
       (4) Reports to congress.--
       (A) Findings from initial reports.--Not later than 60 days 
     after receiving all reports required to be submitted under 
     paragraph (1), the Secretary shall provide a report to the 
     Committee on Education and Labor and the Committee on 
     Appropriations of the House of Representatives and to the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Appropriations of the Senate, summarizing the 
     findings from the reports received under paragraph (1).
       (B) Findings from final reports.--Not later than 36 months 
     after the date of enactment of this Act, the Secretary shall 
     provide a report to the Committee on Education and Labor and 
     the Committee on Appropriations of the House of 
     Representatives and to the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Appropriations of 
     the Senate, summarizing the findings from the reports 
     received under paragraph (3).
       (g) Supplement Not Supplant.--Amounts made available to 
     carry out this section shall be used to supplement and not 
     supplant other Federal, State, and local public funds 
     expended to provide child care services for eligible 
     individuals, including funds provided under the Child Care 
     and Development Block Grant Act of 1990 (42 U.S.C. 9857 et 
     seq.) and State child care programs.
       (h) Reallotment of Unobligated Funds.--
       (1) Unobligated funds.--A State, Indian tribe, or tribal 
     organization that anticipates being unable to obligate all 
     grant funds received under this section by September 30, 2022 
     shall notify the Secretary, at least 60 days prior to such 
     date, of the amount of funds the entity anticipates being 
     unable to obligate by such date. A State, Indian tribe, or 
     tribal organization shall return to the Secretary any grant 
     funds received under this section that the State, Indian 
     tribe, or tribal organization does not obligate by September 
     30, 2022.
       (2) Reallotment.--The Secretary shall award new allotments 
     and payments, in accordance with subsection (c)(2), to 
     covered States, Indian tribes, or tribal organizations from 
     funds that are returned under paragraph (1) within 60 days of 
     receiving such funds. Funds made available through the new 
     allotments and payments shall remain available to each such 
     covered State, Indian tribe, or tribal organization until 
     September 30, 2023.
       (3) Covered state, indian tribe, or tribal organization.--
     For purposes of paragraph (2), a covered State, Indian tribe, 
     or tribal organization is a State, Indian tribe, or tribal 
     organization that received an allotment or payment under this 
     section and was not required to return grant funds under 
     paragraph (1).
       (i) Exceptions.--The Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9857 et seq.), excluding requirements 
     in subparagraphs (C) through (E) of section 658E(c)(3), 
     section 658G, and section 658J(c) of such Act (42 U.S.C. 
     9858c(c)(3), 9858e, 9858h(c)), shall apply to child care 
     services provided under this section to the extent the 
     application of such Act does not conflict with the provisions 
     of this section. Nothing in this section shall be construed 
     to require a State, Indian tribe, or tribal organization to 
     submit an application, other than the application described 
     in section 658E or 658O(c) of the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to 
     receive a grant under this section.
       (j) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated, 
     and there is appropriated, out of any money in the Treasury 
     not already appropriated, to carry out this section 
     $50,000,000,000 for fiscal year 2020, to remain available 
     until expended.
       (2) Application.--In carrying out the Child Care and 
     Development Block Grant Act of 1990 with funds other than the 
     funds appropriated under paragraph (1), the Secretary shall 
     calculate the amounts of appropriated funds described in 
     subsections (a) and (b) of section 658O of such Act (42 
     U.S.C. 9858m) by excluding funds appropriated under paragraph 
     (1).

   TITLE II--EXPANDING AND IMPROVING ACCESS TO COMMUNITY HEALTH CARE

  Subtitle A--Support for Health Centers, Hospitals, and Other Health 
                            Care Facilities

     SEC. 2101. PRIMARY HEALTH CARE.

       In addition to amounts otherwise made available for such 
     purposes, there are hereby appropriated, out of amounts in 
     the Treasury not otherwise appropriated, to the Secretary of 
     Health and Human Services, $7,600,000,000, for grants and 
     cooperative agreements under section 330 of the Public Health 
     Service Act (42 U.S.C. 254b), and for grants to Federally 
     qualified health centers (as defined in section 
     1861(aa)(4)(B) of the Social Security Act (42 U.S.C. 
     1395x(aa))) and for eligible entities under the Native 
     Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et 
     seq.). Amounts appropriated under this paragraph shall remain 
     available until expended. Subsections (r)(2)(B), 
     (e)(6)(A)(iii), and (e)(6)(B)(iii) of section 330 of the 
     Public Health Service Act (42 U.S.C. 254) shall not apply to 
     funds provided under this paragraph.

     SEC. 2102. ADDITIONAL COMMUNITY HEALTH CENTER FUNDING.

       Section 10503 of the Patient Protection and Affordable Care 
     Act (42 U.S.C. 254b-2) is amended by striking subsection (c) 
     and inserting the following:
       ``(c) Additional Enhanced Funding; Capital Projects.--There 
     are hereby appropriated, out of any monies in the Treasury 
     not otherwise appropriated, to the CHC Fund, to be 
     transferred to the Secretary of Health and Human Services for 
     capital projects of the community health center program under 
     section 330 of the Public Health Service Act, $2,000,000,000, 
     to remain available until expended.''.

     SEC. 2103. TEACHING HEALTH CENTERS THAT OPERATE GRADUATE 
                   MEDICAL EDUCATION PROGRAM.

       For purposes of carrying out the teaching health centers 
     that operate graduate medical education program under section 
     340H of the Public Health Service Act (42 U.S.C. 256h), there 
     are hereby appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $1,000,000,000, to remain available 
     until expended.

     SEC. 2104 HOSPITAL INFRASTRUCTURE.

       Section 1610(a) of the Public Health Service Act (42 U.S.C. 
     300r(a)) is amended by striking paragraph (3) and inserting 
     the following paragraphs:
       ``(3) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to applicants whose 
     projects will include, by design, cybersecurity against cyber 
     threats.
       ``(4) American iron and steel products.--
       ``(A) In general.--As a condition on receipt of a grant 
     under this section for a project, an entity shall ensure that 
     all of the iron and steel products used in the project are 
     produced in the United States.
       ``(B) Application.--Subparagraph (A) shall be waived in any 
     case or category of cases in which the Secretary finds that--
       ``(i) applying subparagraph (A) would be inconsistent with 
     the public interest;
       ``(ii) iron and steel products are not produced in the 
     United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(iii) inclusion of iron and steel products produced in 
     the United States will increase the cost of the overall 
     project by more than 25 percent.
       ``(C) Waiver.--If the Secretary receives a request for a 
     waiver under this paragraph, the Secretary shall make 
     available to the public, on an informal basis, a copy of the 
     request and information available to the Secretary concerning 
     the request, and shall allow for informal public input on the 
     request for at least 15 days prior to making a finding based 
     on the request. The Secretary shall make the request and 
     accompanying information available by electronic means, 
     including on the official public internet site of the 
     Department of Health and Human Services.
       ``(D) International agreements.--This paragraph shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
       ``(E) Management and oversight.--The Secretary may retain 
     up to 0.25 percent of the funds appropriated for this section 
     for management and oversight of the requirements of this 
     paragraph.
       ``(F) Effective date.--This paragraph does not apply with 
     respect to a project if a State agency approves the 
     engineering plans and specifications for the project, in that 
     agency's capacity to approve such plans and specifications 
     prior to a project requesting bids, prior to the date of 
     enactment of this paragraph.
       ``(5) Funding.--To carry out this subsection, there are 
     hereby appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $750,000,000, to remain available 
     until expended.''.

     SEC. 2105. 21ST CENTURY INDIAN HEALTH PROGRAM HOSPITALS AND 
                   OUTPATIENT HEALTH CARE FACILITIES.

       The Indian Health Care Improvement Act is amended by 
     inserting after section 301 of such Act (25 U.S.C. 1631) the 
     following:

[[Page S7719]]

  


     ``SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, 
                   CONSTRUCTION, MODERNIZATION, AND RENOVATION OF 
                   HOSPITALS AND OUTPATIENT HEALTH CARE 
                   FACILITIES.

       ``(a) Additional Funding.--For the purpose described in 
     subsection (b), in addition to any other funds available for 
     such purpose, there are hereby appropriated to the Secretary, 
     out of amounts in the Treasury not otherwise appropriated, 
     $200,000,000, to remain available until expended.
       ``(b) Purpose.--The purpose described in this subsection is 
     the planning, design, construction, modernization, and 
     renovation of hospitals and outpatient health care facilities 
     that are funded, in whole or part, by the Service through, or 
     provided for in, a contract or compact with the Service under 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5301 et seq.).''.

     SEC. 2106. PILOT PROGRAM TO IMPROVE COMMUNITY-BASED CARE 
                   INFRASTRUCTURE.

       (a) In General.--The Secretary of Health and Human Services 
     may award grants to qualified teaching health centers (as 
     defined in section 340H of the Public Health Service Act (42 
     U.S.C. 256h)) and behavioral health care centers (as defined 
     by the Secretary, to include both substance abuse and mental 
     health care facilities) to support the improvement, 
     renovation, or modernization of infrastructure at such 
     centers.
       (b) Funding.--To carry out this section, there are hereby 
     appropriated, out of amounts in the Treasury not otherwise 
     appropriated, $100,000,000, to remain available until 
     expended.

     SEC. 2107. SCHOOL-BASED HEALTH CENTERS.

       (a) Elimination of Limitation on Eligibility of Health 
     Centers.--
       (1) Repeal.--Section 399Z-1(f)(3) of the Public Health 
     Service Act (42 U.S.C. 280h-5(f)(3)) is amended by striking 
     subparagraph (B).
       (2) Conforming change.--Section 399Z-1(f)(3) of the Public 
     Health Service Act (42 U.S.C. 280h-5(f)(3)) is amended by 
     striking ``Limitations'' and all that follows through ``Any 
     provider of services'' and inserting ``Limitation.--Any 
     provider of services''.
       (b) Authorization of Appropriations.--Section 399Z-1(l) of 
     the Public Health Service Act (42 U.S.C. 280h-5(l)) is 
     amended to read as follows:
       ``(l) Funding.--For purposes of carrying out this section, 
     there are hereby appropriated, out of amounts in the Treasury 
     not otherwise appropriated, $70,000,000 for each of fiscal 
     years 2021 through 2025, to remain available until 
     expended.''.

         Subtitle B--Support for Health Care Workforce Training

     SEC. 2201. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF 
                   OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS.

       Subpart II of part C of title VII of the Public Health 
     Service Act (42 U.S.C. 293m et seq.) is amended by adding at 
     the end the following:

     ``SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE AND SCHOOLS OF 
                   OSTEOPATHIC MEDICINE IN UNDERSERVED AREAS.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may award grants to institutions of higher 
     education (including consortiums of such institutions) for 
     the establishment, improvement, or expansion of a school of 
     medicine or osteopathic medicine, or a branch campus of a 
     school of medicine or osteopathic medicine.
       ``(b) Priority.--In selecting grant recipients under this 
     section, the Secretary shall give priority to any institution 
     of higher education (or consortium of such institutions) 
     that--
       ``(1) proposes to use the grant for the establishment of a 
     school of medicine or osteopathic medicine, or a branch 
     campus of a school of medicine or osteopathic medicine, in an 
     area--
       ``(A) in which no other such school is based; and
       ``(B) that is a medically underserved community or a health 
     professional shortage area; or
       ``(2) is a minority-serving institution described in 
     section 371(a) of the Higher Education Act of 1965.
       ``(c) Considerations.--In awarding grants under this 
     section, the Secretary, to the extent practicable, may ensure 
     equitable distribution of awards among the geographical 
     regions of the United States.
       ``(d) Use of Funds.--An institution of higher education (or 
     a consortium of such institutions)--
       ``(1) shall use grant amounts received under this section 
     to--
       ``(A) recruit, enroll, and retain students, including 
     individuals who are from disadvantaged backgrounds (including 
     racial and ethnic groups underrepresented among medical 
     students and health professions), individuals from rural and 
     underserved areas, low-income individuals, and first 
     generation college students, at a school of medicine or 
     osteopathic medicine or branch campus of a school of medicine 
     or osteopathic medicine; and
       ``(B) develop, implement, and expand curriculum that 
     emphasizes care for rural and underserved populations, 
     including accessible and culturally and linguistically 
     appropriate care and services, at such school or branch 
     campus; and
       ``(2) may use grant amounts received under this section 
     to--
       ``(A) plan and construct--
       ``(i) a school of medicine or osteopathic medicine in an 
     area in which no other such school is based; or
       ``(ii) a branch campus of a school of medicine or 
     osteopathic medicine in an area in which no other such school 
     is based;
       ``(B) plan, develop, and meet criteria for accreditation 
     for a school of medicine or osteopathic medicine or branch 
     campus of a school of medicine or osteopathic medicine;
       ``(C) hire faculty, including faculty from racial and 
     ethnic groups who are underrepresented among the medical and 
     other health professions, and other staff to serve at such a 
     school or branch campus;
       ``(D) support educational programs at such a school or 
     branch campus;
       ``(E) modernize and expand infrastructure at such a school 
     or branch campus; and
       ``(F) support other activities that the Secretary 
     determines further the establishment, improvement, or 
     expansion of a school of medicine or osteopathic medicine or 
     branch campus of a school of medicine or osteopathic 
     medicine.
       ``(e) Application.--To be eligible to receive a grant under 
     subsection (a), an institution of higher education (or a 
     consortium of such institutions), shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require, including a 
     description of the institution's or consortium's planned 
     activities described in subsection (d).
       ``(f) Reporting.--
       ``(1) Reports from entities.--Each institution of higher 
     education, or consortium of such institutions, awarded a 
     grant under this section shall submit an annual report to the 
     Secretary on the activities conducted under such grant, and 
     other information as the Secretary may require.
       ``(2) Report to congress.--Not later than 5 years after the 
     date of enactment of this section and every 5 years 
     thereafter, the Secretary shall submit to the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report that provides a summary of the 
     activities and outcomes associated with grants made under 
     this section. Such reports shall include--
       ``(A) a list of awardees, including their primary 
     geographic location, and location of any school of medicine 
     or osteopathic medicine, or a branch campus of school of 
     medicine or osteopathic medicine that was established, 
     improved, or expanded under this program;
       ``(B) the total number of students (including the number of 
     students from racial and ethnic groups underrepresented among 
     medical students and health professions, low-income students, 
     and first generation college students) who--
       ``(i) are enrolled at or who have graduated from any school 
     of medicine or osteopathic medicine, or a branch campus of 
     school of medicine or osteopathic medicine, that was 
     established, improved, or expanded under this program, 
     deidentified and disaggregated by race, ethnicity, age, sex, 
     geographic region, disability status, and other relevant 
     factors, to the extent such information is available; and
       ``(ii) who subsequently participate in an accredited 
     internship or medical residency program upon graduation from 
     any school of medicine or osteopathic medicine, or a branch 
     campus of a school of medicine or osteopathic medicine, that 
     was established, improved, or expanded under this program, 
     deidentified and disaggregated by race, ethnicity, age, sex, 
     geographic region, disability status, medical specialty 
     pursued, and other relevant factors, to the extent such 
     information is available;
       ``(C) the effects of such program on the health care 
     provider workforce, including any impact on demographic 
     representation disaggregated by race, ethnicity, and sex, and 
     the fields or specialties pursued by students who have 
     graduated from any school of medicine or osteopathic 
     medicine, or a branch campus of school of medicine or 
     osteopathic medicine, that was established, improved, or 
     expanded under this program;
       ``(D) the effects of such program on health care access in 
     underserved areas, including medically underserved 
     communities and health professional shortage areas; and
       ``(E) recommendations for improving the program described 
     in this section, and any other considerations as the 
     Secretary determines appropriate.
       ``(3) Public availability.--The Secretary shall make 
     reports submitted under paragraph (2) publicly available on 
     the internet website of the Department of Health and Human 
     Services.
       ``(g) Definitions.--In this section:
       ``(1) Branch campus.--
       ``(A) In general.--The term `branch campus', with respect 
     to a school of medicine or osteopathic medicine, means an 
     additional location of such school that is geographically 
     apart and independent of the main campus, at which the school 
     offers at least 50 percent of the program leading to a degree 
     of doctor of medicine or doctor of osteopathy that is offered 
     at the main campus.
       ``(B) Independence from main campus.--For purposes of 
     subparagraph (A), the location of a school described in such 
     subparagraph shall be considered to be independent of the 
     main campus described in such subparagraph if the location--
       ``(i) is permanent in nature;
       ``(ii) offers courses in educational programs leading to a 
     degree, certificate, or other recognized educational 
     credential;

[[Page S7720]]

       ``(iii) has its own faculty and administrative or 
     supervisory organization; and
       ``(iv) has its own budgetary and hiring authority.
       ``(2) First generation college student.--The term `first 
     generation college student' has the meaning given such term 
     in section 402A(h)(3) of the Higher Education Act of 1965.
       ``(3) Health professional shortage area.--The term `health 
     professional shortage area' has the meaning given such term 
     in section 332(a).
       ``(4) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965.
       ``(5) Medically underserved community.--The term `medically 
     underserved community' has the meaning given such term in 
     section 799B(6).
       ``(h) Funding.--To carry out this section, there are hereby 
     appropriated, out of amounts in the Treasury not otherwise 
     appropriated, $1,000,000,000, to remain available until 
     expended.''.

     SEC. 2202. SUPPORT FOR NURSING EDUCATION AND THE FUTURE 
                   NURSING WORKFORCE.

       (a) In General.--Part D of title VIII of the Public Health 
     Service Act (42 U.S.C. 296p et seq.) is amended by adding at 
     the end the following:

     ``SEC. 832. NURSING EDUCATION ENHANCEMENT AND MODERNIZATION 
                   GRANTS IN UNDERSERVED AREAS.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may award grants to schools of nursing (as 
     defined in section 801) for--
       ``(1) increasing the number of faculty and students at such 
     schools in order to enhance the preparedness of the United 
     States for, and the ability of the United States to address 
     and quickly respond to, public health emergencies declared 
     under section 319 and pandemics; or
       ``(2) the enhancement and modernization of nursing 
     education programs.
       ``(b) Priority.--In selecting grant recipients under this 
     section, the Secretary shall give priority to schools of 
     nursing that--
       ``(1) are located in a medically underserved community;
       ``(2) are located in a health professional shortage area as 
     defined under section 332(a); or
       ``(3) are institutions of higher education listed under 
     section 371(a) of the Higher Education Act of 1965.
       ``(c) Consideration.--In awarding grants under this 
     section, the Secretary, to the extent practicable, may ensure 
     equitable distribution of awards among the geographic regions 
     of the United States.
       ``(d) Use of Funds.--A school of nursing that receives a 
     grant under this section may use the funds awarded through 
     such grant for activities that include--
       ``(1) enhancing enrollment and retention of students at 
     such school, with a priority for students from disadvantaged 
     backgrounds (including racial or ethnic groups 
     underrepresented in the nursing workforce), individuals from 
     rural and underserved areas, low-income individuals, and 
     first generation college students (as defined in section 
     402A(h)(3) of the Higher Education Act of 1965);
       ``(2) creating, supporting, or modernizing educational 
     programs and curriculum at such school;
       ``(3) retaining current faculty, and hiring new faculty, 
     with an emphasis on faculty from racial or ethnic groups who 
     are underrepresented in the nursing workforce;
       ``(4) modernizing infrastructure at such school, including 
     audiovisual or other equipment, personal protective 
     equipment, simulation and augmented reality resources, 
     telehealth technologies, and virtual and physical 
     laboratories;
       ``(5) partnering with a health care facility, nurse-managed 
     health clinic, community health center, or other facility 
     that provides health care in order to provide educational 
     opportunities for the purpose of establishing or expanding 
     clinical education;
       ``(6) enhancing and expanding nursing programs that prepare 
     nurse researchers and scientists;
       ``(7) establishing nurse-led intradisciplinary and 
     interprofessional educational partnerships; and
       ``(8) other activities that the Secretary determines 
     further the development, improvement, and expansion of 
     schools of nursing.
       ``(e) Reports From Entities.--Each school of nursing 
     awarded a grant under this section shall submit an annual 
     report to the Secretary on the activities conducted under 
     such grant, and other information as the Secretary may 
     require.
       ``(f) Report to Congress.--Not later than 5 years after the 
     date of the enactment of this section, the Secretary shall 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report that 
     provides a summary of the activities and outcomes associated 
     with grants made under this section. Such report shall 
     include--
       ``(1) a list of schools of nursing receiving grants under 
     this section, including the primary geographic location of 
     any school of nursing that was improved or expanded through 
     such a grant;
       ``(2) the total number of students who are enrolled at or 
     who have graduated from any school of nursing that was 
     improved or expanded through a grant under this section, 
     which such statistic shall--
       ``(A) to the extent such information is available, be 
     deidentified and disaggregated by race, ethnicity, age, sex, 
     geographic region, disability status, and other relevant 
     factors; and
       ``(B) include an indication of the number of such students 
     who are from racial or ethnic groups underrepresented in the 
     nursing workforce, such students who are from rural or 
     underserved areas, such students who are low-income students, 
     and such students who are first generation college students 
     (as defined in section 402A(h)(3) of the Higher Education Act 
     of 1965);
       ``(3) to the extent such information is available, the 
     effects of the grants awarded under this section on retaining 
     and hiring of faculty, including any increase in diverse 
     faculty, the number of clinical education partnerships, the 
     modernization of nursing education infrastructure, and other 
     ways this section helps address and quickly respond to public 
     health emergencies and pandemics;
       ``(4) recommendations for improving the grants awarded 
     under this section; and
       ``(5) any other considerations as the Secretary determines 
     appropriate.
       ``(g) Funding.--To carry out this section, there are hereby 
     appropriated, out of amounts in the Treasury not otherwise 
     appropriated, $1,000,000,000, to remain available until 
     expended.''.
       (b) Strengthening Nurse Education.-- The heading of part D 
     of title VIII of the Public Health Service Act (42 U.S.C. 
     296p et seq.) is amended by striking ``basic''.

     SEC. 2203. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER 
                   TREATMENT WORKFORCE.

       Section 781 of the Public Health Service Act (42 U.S.C. 
     295h) is amended by adding at the end the following:
       ``(k) Additional Funding.--In addition to amounts otherwise 
     made available for such purpose, to carry out this section, 
     there are hereby appropriated, out of amounts in the Treasury 
     not otherwise appropriated, $100,000,000, to remain available 
     until expended.''.

     SEC. 2204. LOAN REPAYMENT AND SCHOLARSHIP PROGRAMS FOR THE 
                   NURSING WORKFORCE.

       Section 846 of the Public Health Service Act (42 U.S.C. 
     297n) is amended by adding at the end the following:
       ``(j) Additional Funding.--In addition to amounts otherwise 
     made available to carry out this section, there are hereby 
     appropriated, out of amounts in the Treasury not otherwise 
     appropriated, $750,000,000, to remain available until 
     expended.''.

     SEC. 2205. ADDITIONAL FUNDING FOR HEALTH PROFESSIONS 
                   EDUCATION.

       In addition to amounts otherwise made available for such 
     purpose, to carry out the programs under title VII of the 
     Public Health Service Act (42 U.S.C. 292 et seq.), there are 
     hereby appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $250,000,000, to remain available 
     until expended.

     SEC. 2206. ADDITIONAL FUNDING FOR NURSING WORKFORCE 
                   DEVELOPMENT.

       In addition to amounts otherwise made available for such 
     purpose, to carry out the programs under title VIII of the 
     Public Health Service Act (42 U.S.C. 296 et seq.), there are 
     hereby appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $250,000,000, to remain available 
     until expended.

     SEC. 2207. NATIONAL HEALTH SERVICE CORPS.

       In addition to amounts otherwise made available for such 
     purposes, there are hereby appropriated, out of amounts in 
     the Treasury not otherwise appropriated, to the Secretary of 
     Health and Human Services, $2,500,000,000, for purposes of 
     carrying out the National Health Service Corps program, to 
     remain available until expended.

          Subtitle C--Improving Access to Health Care Services

     SEC. 2301. EXPANDING ACCESS TO MENTAL HEALTH SERVICES AND 
                   CERTAIN EVALUATION AND MANAGEMENT SERVICES 
                   FURNISHED THROUGH TELEHEALTH.

       (a) Treatment of Mental Health Services Furnished Through 
     Telehealth.--Paragraph (7) of section 1834(m) of the Social 
     Security Act (42 U.S.C. 1395m(m)) is amended--
       (1) in the paragraph heading, by inserting ``and mental 
     health services'' after ``disorder services''; and
       (2) by inserting ``or, on or after the first day after the 
     end of the public health emergency described in section 
     1135(g)(1)(B), to an eligible telehealth individual for 
     purposes of diagnosis, evaluation, or treatment of a mental 
     health disorder, as determined by the Secretary,'' after ``as 
     determined by the Secretary,''.
       (b) Treatment of Certain Evaluation and Management Services 
     Furnished Through Telehealth.--Such section 1834(m), as 
     amended by subsection (a), is amended--
       (1) in paragraph (4)(C)--
       (A) in clause (i), by striking ``and (7)'' and inserting 
     ``(7), and (9)''; and
       (B) in clause (ii)(X), by inserting ``or paragraph (9)(A)'' 
     before the period; and
       (2) by adding at the end the following new paragraph:
       ``(9) Treatment of certain evaluation and management 
     services furnished through telehealth.--
       ``(A) In general.--The geographic requirements described in 
     paragraph 4(C)(i) shall

[[Page S7721]]

     not apply with respect to a telehealth service that is a 
     medical visit that is in the category of HCPCS evaluation and 
     management services for office and other outpatient services 
     and that is furnished on or after the first day after the end 
     of the public health emergency described in section 
     1135(g)(1)(B), to an eligible telehealth individual by a 
     qualified provider, at an originating site described in 
     paragraph 4(C)(ii) (other than an originating site described 
     in subclause (IX) of such paragraph).
       ``(B) Definition of qualified provider.--For purposes of 
     this paragraph, the term `qualified provider' means, with 
     respect to a telehealth service described in subparagraph (A) 
     that is furnished to an eligible telehealth individual, a 
     physician or practitioner who--
       ``(i) furnished to such individual, during the 18-month 
     period ending on the date the telehealth service was 
     furnished, an item or service in person for which--

       ``(I) payment was made under this title; or
       ``(II) such payment would have been made if such individual 
     were entitled to, or enrolled for, benefits under this title 
     at the time such item or service was furnished; or

       ``(ii) is in the same practice (as determined by tax 
     identification number) as a physician or practitioner who 
     furnished such an item or service in person to such 
     individual during such period.''.
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary may implement the provisions of, or 
     amendments made by, this section by interim final rule, 
     program instruction, or otherwise.

     SEC. 2302. ENHANCED FEDERAL MEDICAID SUPPORT FOR COMMUNITY-
                   BASED MOBILE CRISIS INTERVENTION SERVICES.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended by adding at the end the following new subsection:
       ``(bb) Community-Based Mobile Crisis Intervention 
     Services.--
       ``(1) In general.--Notwithstanding section 1902(a)(1) 
     (relating to statewideness), section 1902(a)(10)(B) (relating 
     to comparability), section 1902(a)(23)(A) (relating to 
     freedom of choice of providers), or section 1902(a)(27) 
     (relating to provider agreements), a State may provide 
     medical assistance for qualifying community-based mobile 
     crisis intervention services under a State plan amendment or 
     waiver approved under section 1115 or 1915(c).
       ``(2) Qualifying community-based mobile crisis intervention 
     services defined.--For purposes of this subsection, the term 
     `qualifying community-based mobile crisis intervention 
     services' means, with respect to a State, items and services 
     for which medical assistance is available under the State 
     plan under this title or a waiver of such plan, that are--
       ``(A) furnished to an individual who is--
       ``(i) outside of a hospital or other facility setting; and
       ``(ii) experiencing a mental health or substance use 
     disorder crisis;
       ``(B) furnished by a multidisciplinary mobile crisis team--
       ``(i) that includes at least 1 behavioral health care 
     professional who is capable of conducting an assessment of 
     the individual, in accordance with the professional's 
     permitted scope of practice under State law, and other 
     professionals or paraprofessionals with appropriate expertise 
     in behavioral health or mental health crisis response, 
     including nurses, social workers, peer support specialists, 
     and others, as designated by the State and approved by the 
     Secretary;
       ``(ii) whose members are trained in trauma-informed care, 
     de-escalation strategies, and harm reduction;
       ``(iii) that is able to respond in a timely manner and, 
     where appropriate, provide the following--

       ``(I) screening and assessment;
       ``(II) stabilization and de-escalation;
       ``(III) coordination with, and referrals to, health, 
     social, and other services and supports as needed; and
       ``(IV) provision or coordination of transportation to the 
     next step in care or treatment;

       ``(iv) that maintains relationships with relevant community 
     partners, including medical and behavioral health providers, 
     community health centers, crisis respite centers, managed 
     care organizations (if applicable), entities able to provide 
     assistance with application and enrollment in the State plan 
     or a waiver of the plan, entitles able to provide assistance 
     with applying for and enrolling in benefit programs, entities 
     that provide assistance with housing (such as public housing 
     authorities, Continuum of Care programs, or not-for-profit 
     entities that provide housing assistance), and entities that 
     provide assistance with other social services;
       ``(v) that coordinates with crisis intervention hotlines 
     and emergency response systems;
       ``(vi) that maintains the privacy and confidentiality of 
     patient information consistent with Federal and State 
     requirements; and
       ``(vii) that operates independently from (but may 
     coordinate with) State or local law enforcement agencies;
       ``(C) available 24 hours per day, every day of the year; 
     and
       ``(D) voluntary to receive.
       ``(3) Payments.--
       ``(A) In general.--Notwithstanding section 1905(b), 
     beginning January 1, 2021, during each of the first 12 fiscal 
     quarters that a State meets the requirements described in 
     paragraph (4), the Federal medical assistance percentage 
     applicable to amounts expended by the State for medical 
     assistance for qualifying community-based mobile crisis 
     intervention services furnished during such quarter shall be 
     equal to 95 percent.
       ``(B) Exclusion of enhanced payments from territorial 
     caps.--To the extent that the amount of a payment to Puerto 
     Rico, the Virgin Islands, Guam, the Northern Mariana Islands, 
     or American Samoa for medical assistance for qualifying 
     community-based mobile crisis intervention services that is 
     based on the Federal medical assistance percentage specified 
     in subparagraph (A) exceeds the amount that would have been 
     paid to such territory for such services if the Federal 
     medical assistance percentage for the territory had been 
     determined without regard to such subparagraph--
       ``(i) the limitation on payments to territories under 
     subsections (f) and (g) of section 1108 shall not apply to 
     the amount of such excess; and
       ``(ii) the amount of such excess shall be disregarded in 
     applying such subsections.
       ``(4) Requirements.--The requirements described in this 
     paragraph are the following:
       ``(A) The State demonstrates, to the satisfaction of the 
     Secretary--
       ``(i) that it will be able to support the provision of 
     qualifying community-based mobile crisis intervention 
     services that meet the conditions specified in paragraph (2); 
     and
       ``(ii) how it will support coordination between mobile 
     crisis teams and community partners, including health care 
     providers, to enable the provision of services, needed 
     referrals, and other activities identified by the Secretary.
       ``(B) The State provides assurances satisfactory to the 
     Secretary that--
       ``(i) any additional Federal funds received by the State 
     for qualifying community-based mobile crisis intervention 
     services provided under this subsection that are attributable 
     to the increased Federal medical assistance percentage under 
     paragraph (3)(A) will be used to supplement, and not 
     supplant, the level of State funds expended for such services 
     for fiscal year 2019;
       ``(ii) if the State made qualifying community-based mobile 
     crisis intervention services available in a region of the 
     State in fiscal year 2019, the State will continue to make 
     such services available in such region under this subsection 
     at the same level that the State made such services available 
     in such fiscal year; and
       ``(iii) the State will conduct the evaluation and 
     assessment, and submit the report, required under paragraph 
     (5).
       ``(5) State evaluation and report.--
       ``(A) State evaluation.--Not later than 4 fiscal quarters 
     after a State begins providing qualifying community-based 
     mobile crisis intervention services in accordance with this 
     subsection, the State shall enter into a contract with an 
     independent entity or organization to conduct an evaluation 
     for the purposes of--
       ``(i) determining the effect of the provision of such 
     services on--

       ``(I) emergency room visits;
       ``(II) use of ambulatory services;
       ``(III) hospitalizations;
       ``(IV) the involvement of law enforcement in mental health 
     or substance use disorder crisis events;
       ``(V) the diversion of individuals from jails or similar 
     settings; and

       ``(ii) assessing--

       ``(I) the types of services provided to individuals;
       ``(II) the types of events responded to;
       ``(III) cost savings or cost-effectiveness attributable to 
     such services;
       ``(IV) the experiences of individuals who receive 
     qualifying community-based mobile crisis intervention 
     services;
       ``(V) the successful connection of individuals with follow-
     up services; and
       ``(VI) other relevant outcomes identified by the Secretary.

       ``(B) Comparison to historical measures.--The contract 
     described in subparagraph (A) shall specify that the 
     evaluation is based on a comparison of the historical 
     measures of State performance with respect to the outcomes 
     specified under such subparagraph to the State's performance 
     with respect to such outcomes during the period beginning 
     with the first quarter in which the State begins providing 
     qualifying community-based mobile crisis intervention 
     services in accordance with this subsection.
       ``(C) Report.--Not later than 2 years after a State begins 
     to provide qualifying community-based mobile crisis 
     intervention services in accordance with this subsection, the 
     State shall submit a report to the Secretary on the 
     following:
       ``(i) The results of the evaluation carried out under 
     subparagraph (A).
       ``(ii) The number of individuals who received qualifying 
     community-based mobile crisis intervention services.
       ``(iii) Demographic information regarding such individuals 
     when available, including the race or ethnicity, age, sex, 
     sexual orientation, gender identity, and geographic location 
     of such individuals.
       ``(iv) The processes and models developed by the State to 
     provide qualifying community-based mobile crisis intervention 
     services under such the State plan or waiver, including the 
     processes developed to provide referrals for, or coordination 
     with, follow-up care and services.
       ``(v) Lessons learned regarding the provision of such 
     services.

[[Page S7722]]

       ``(D) Public availability.--The State shall make the report 
     required under subparagraph (C) publicly available, including 
     on the website of the appropriate State agency, upon 
     submission of such report to the Secretary.
       ``(6) Best practices report.--
       ``(A) In general.--Not later than 3 years after the first 
     State begins to provide qualifying community-based mobile 
     crisis intervention services in accordance with this 
     subsection, the Secretary shall submit a report to Congress 
     that--
       ``(i) identifies the States that elected to provide 
     services in accordance with this subsection;
       ``(ii) summarizes the information reported by such States 
     under paragraph (5)(C); and
       ``(iii) identifies best practices for the effective 
     delivery of community-based mobile crisis intervention 
     services.
       ``(B) Public availability.--The report required under 
     subparagraph (A) shall be made publicly available, including 
     on the website of the Department of Health and Human 
     Services, upon submission to Congress.
       ``(7) State planning and evaluation grants.--
       ``(A) In general.--As soon as practicable after the date of 
     enactment of this subsection, the Secretary may award 
     planning and evaluation grants to States for purposes of 
     developing a State plan amendment or section 1115 or 1915(c) 
     waiver request (or an amendment to such a waiver) to provide 
     qualifying community-based mobile crisis intervention 
     services and conducting the evaluation required under 
     paragraph (5)(A). A grant awarded to a State under this 
     paragraph shall remain available until expended.
       ``(B) State contribution.--A State awarded a grant under 
     this subsection shall contribute for each fiscal year for 
     which the grant is awarded an amount equal to the State 
     percentage determined under section 1905(b) (without regard 
     to the temporary increase in the Federal medical assistance 
     percentage of the State under section 6008(a) of the Families 
     First Coronavirus Response Act (Public Law 116-127) or any 
     other temporary increase in the Federal medical assistance 
     percentage of the State for fiscal year 2020 or any 
     succeeding fiscal year) of the grant amount.
       ``(8) Funding.--
       ``(A) Implementation and administration.--There is 
     appropriated to the Secretary, out of any funds in the 
     Treasury not otherwise appropriated, such sums as are 
     necessary for purposes of implementing and administering this 
     section.
       ``(B) Planning and evaluation grants.--There is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, $25,000,000 to the Secretary for fiscal year 
     2021 for purposes of making grants under paragraph (7), to 
     remain available until expended.''.

     SEC. 2303. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH 
                   SERVICES DEMONSTRATION PROGRAM; FUNDING FOR THE 
                   CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC 
                   EXPANSION GRANT PROGRAM.

       (a) In General.--Section 223(d) of the Protecting Access to 
     Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
       (1) in paragraph (3), by striking ``December 11, 2020'' and 
     inserting ``December 31, 2022''; and
       (2) in paragraph (8)--
       (A) in subparagraph (A), by striking ``to participate in 2-
     year demonstration programs that meet the requirements of 
     this subsection'' and inserting ``to conduct demonstration 
     programs under this subsection for 2 years or through the 
     date specified in paragraph (3), whichever is longer'';
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Other new programs.--In addition to the 8 States 
     selected under paragraph (1) and the 2 States selected under 
     subparagraph (A), not later than 6 months after the date of 
     enactment of the Economic Justice Act, the Secretary shall 
     select 9 additional States to conduct demonstration programs 
     under this subsection for 2 years or through the date 
     specified in paragraph (3), whichever is longer.
       ``(C) Selection of states.--
       ``(i) Initial additional programs.--In selecting States 
     under subparagraph (A), the Secretary--

       ``(I) shall select States that--

       ``(aa) were awarded planning grants under subsection (c); 
     and
       ``(bb) applied to participate in the demonstration programs 
     under this subsection under paragraph (1) but, as of March 
     27, 2020, were not selected to participate under paragraph 
     (1); and

       ``(II) shall use the results of the Secretary's evaluation 
     of each State's application under paragraph (1) to determine 
     which States to select, and shall not require the submission 
     of any additional application.

       ``(ii) Other new programs.--Clause (i) shall apply to the 
     selection of States under subparagraph (B), except that, for 
     purposes of applying that clause to the selection of States 
     under such subparagraph, the Secretary shall substitute `as 
     of the date of enactment of the Economic Justice Act, were 
     not selected to participate under paragraph (1) or under this 
     paragraph' for `as of March 27, 2020, were not selected to 
     participate under paragraph (1)'.''.
       (b) Funding for the Certified Community Behavioral Health 
     Clinic Expansion Grant Program.--For purposes of carrying out 
     the Certified Community Behavioral Health Clinic Expansion 
     Grant Program of the Substance Abuse and Mental Health 
     Services Administration, there are hereby appropriated, out 
     of amounts in the Treasury not otherwise appropriated, 
     $600,000,000, to remain available until expended.

     SEC. 2304. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

       Title III of the Public Health Service Act is amended by 
     inserting after section 330M (42 U.S.C. 254c-19) the 
     following:

     ``SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means an 
     entity that provides, or supports the provision of, health 
     care services in rural areas, frontier areas, health 
     professional shortage areas, or medically underserved areas, 
     or to medically underserved populations or Native Americans, 
     including Indian Tribes, Tribal organizations, and urban 
     Indian organizations, and which may include entities leading, 
     or capable of leading, a technology-enabled collaborative 
     learning and capacity building model or engaging in 
     technology-enabled collaborative training of participants in 
     such model.
       ``(2) Health professional shortage area.--The term `health 
     professional shortage area' means a health professional 
     shortage area designated under section 332.
       ``(3) Indian tribe.--The terms `Indian Tribe' and `Tribal 
     organization' have the meanings given the terms `Indian 
     tribe' and `tribal organization' in section 4 of the Indian 
     Self-Determination and Education Assistance Act.
       ``(4) Medically underserved population.--The term 
     `medically underserved population' has the meaning given the 
     term in section 330(b)(3).
       ``(5) Native americans.--The term `Native Americans' has 
     the meaning given the term in section 736 and includes Indian 
     Tribes and Tribal organizations.
       ``(6) Technology-enabled collaborative learning and 
     capacity building model.--The term `technology-enabled 
     collaborative learning and capacity building model' means a 
     distance health education model that connects health care 
     professionals, and particularly specialists, with multiple 
     other health care professionals through simultaneous 
     interactive videoconferencing for the purpose of facilitating 
     case-based learning, disseminating best practices, and 
     evaluating outcomes.
       ``(7) Urban indian organization.--The term `urban Indian 
     organization' has the meaning given the term in section 4 of 
     the Indian Health Care Improvement Act.
       ``(b) Program Established.--The Secretary shall, as 
     appropriate, award grants to evaluate, develop, and, as 
     appropriate, expand the use of technology-enabled 
     collaborative learning and capacity building models, to 
     improve retention of health care providers and increase 
     access to health care services, such as those to address 
     chronic diseases and conditions, infectious diseases, mental 
     health, substance use disorders, prenatal and maternal 
     health, pediatric care, pain management, palliative care, and 
     other specialty care in rural areas, frontier areas, health 
     professional shortage areas, or medically underserved areas 
     and for medically underserved populations or Native 
     Americans.
       ``(c) Use of Funds.--
       ``(1) In general.--Grants awarded under subsection (b) 
     shall be used for--
       ``(A) the development and acquisition of instructional 
     programming, and the training of health care providers and 
     other professionals that provide or assist in the provision 
     of services through models described in subsection (b), such 
     as training on best practices for data collection and leading 
     or participating in such technology-enabled activities 
     consistent with technology-enabled collaborative learning and 
     capacity-building models;
       ``(B) information collection and evaluation activities to 
     study the impact of such models on patient outcomes and 
     health care providers, and to identify best practices for the 
     expansion and use of such models; or
       ``(C) other activities consistent with achieving the 
     objectives of the grants awarded under this section, as 
     determined by the Secretary.
       ``(2) Other uses.--In addition to any of the uses under 
     paragraph (1), grants awarded under subsection (b) may be 
     used for--
       ``(A) equipment to support the use and expansion of 
     technology-enabled collaborative learning and capacity 
     building models, including for hardware and software that 
     enables distance learning, health care provider support, and 
     the secure exchange of electronic health information; or
       ``(B) support for health care providers and other 
     professionals that provide or assist in the provision of 
     services through such models.
       ``(d) Length of Grants.--Grants awarded under subsection 
     (b) shall be for a period of up to 5 years.
       ``(e) Grant Requirements.--The Secretary may require 
     entities awarded a grant under this section to collect 
     information on the effect of the use of technology-enabled 
     collaborative learning and capacity building models, such as 
     on health outcomes, access to health care services, quality 
     of care, and provider retention in areas and populations 
     described in subsection (b). The Secretary may award a grant 
     or contract to assist in the coordination of such models, 
     including to assess outcomes associated with the use of

[[Page S7723]]

     such models in grants awarded under subsection (b), including 
     for the purpose described in subsection (c)(1)(B).
       ``(f) Application.--An eligible entity that seeks to 
     receive a grant under subsection (b) shall submit to the 
     Secretary an application, at such time, in such manner, and 
     containing such information as the Secretary may require. 
     Such application shall include plans to assess the effect of 
     technology-enabled collaborative learning and capacity 
     building models on patient outcomes and health care 
     providers.
       ``(g) Access to Broadband.--In administering grants under 
     this section, the Secretary may coordinate with other 
     agencies to ensure that funding opportunities are available 
     to support access to reliable, high-speed internet for 
     grantees.
       ``(h) Technical Assistance.--The Secretary shall provide 
     (either directly through the Department of Health and Human 
     Services or by contract) technical assistance to eligible 
     entities, including recipients of grants under subsection 
     (b), on the development, use, and evaluation of technology-
     enabled collaborative learning and capacity building models 
     in order to expand access to health care services provided by 
     such entities, including for medically underserved areas and 
     to medically underserved populations or Native Americans.
       ``(i) Research and Evaluation.--The Secretary, in 
     consultation with stakeholders with appropriate expertise in 
     such models, shall develop a strategic plan to research and 
     evaluate the evidence for such models. The Secretary shall 
     use such plan to inform the activities carried out under this 
     section.
       ``(j) Report by Secretary.--Not later than 4 years after 
     the date of enactment of this section, the Secretary shall 
     prepare and submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives, and post on the 
     internet website of the Department of Health and Human 
     Services, a report including, at minimum--
       ``(1) a description of any new and continuing grants 
     awarded to entities under subsection (b) and the specific 
     purpose and amounts of such grants;
       ``(2) an overview of--
       ``(A) the evaluations conducted under subsections (b);
       ``(B) technical assistance provided under subsection (h); 
     and
       ``(C) activities conducted by entities awarded grants under 
     subsection (b); and
       ``(3) a description of any significant findings or 
     developments related to patient outcomes or health care 
     providers and best practices for eligible entities expanding, 
     using, or evaluating technology-enabled collaborative 
     learning and capacity building models, including through the 
     activities described in subsection (h).
       ``(k) Funding.--To carry out this section, there are hereby 
     appropriated, out of amounts in the Treasury not otherwise 
     appropriated, $100,000,000 for each of fiscal years 2021 
     through 2025, to remain available until expended.''.

     SEC. 2305. RYAN WHITE HIV/AIDS PROGRAM.

       For purposes of carrying out title XXVI of the Public 
     Health Service Act (42 U.S.C. 300ff-11 et seq.), there are 
     hereby appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $1,000,000,000, to remain available 
     until expended.

     SEC. 2306. COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT.

       Section 1920 of the Public Health Service Act (42 U.S.C. 
     300x-9) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Additional Amounts for Community Mental Health 
     Services.--In addition to amounts otherwise made available 
     for such purposes, for purposes of carrying out this subpart, 
     subpart III with respect to mental health, and section 
     515(c), there are hereby appropriated, out of amounts in the 
     Treasury not otherwise appropriated, $700,000,000 for each of 
     fiscal years 2021 through 2025, to remain available until 
     expended.''.

     SEC. 2307. SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK 
                   GRANT.

       Section 1935 of the Public Health Service Act (42 U.S.C. 
     300x-35) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Additional Amounts for Substance Abuse Prevention and 
     Treatment.--In addition to amounts otherwise made available 
     for such purposes, for purposes of carrying out this subpart, 
     subpart III with respect to substance abuse, section 505(d), 
     and section 515(d), there are hereby appropriated, out of 
     amounts in the Treasury not otherwise appropriated, 
     $500,000,000 for each of fiscal years 2021 through 2025, to 
     remain available until expended.''.

   TITLE III--FEDERALLY SUPPORTED JOBS, TRAINING, AND AT-RISK YOUTH 
                              INITIATIVES

    Subtitle A--Department of Labor Employment and Training Programs

     SEC. 3101. DEFINITIONS AND WIOA REQUIREMENTS.

       (a) WIOA Definitions and Requirements.--Except as otherwise 
     provided, in this subtitle, other than chapter 5--
       (1) the terms have the meanings given the terms in section 
     3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3102); and
       (2) an allotment, allocation, or other provision of funds 
     made in accordance with a provision of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) shall 
     be made in compliance with the applicable requirements of 
     such Act (29 U.S.C. 3101 et seq.), including the applicable 
     requirements of section 182(e) of such Act (29 U.S.C. 
     3242(e)) unless otherwise provided for in this title.
       (b) Other Definitions.--In this subtitle:
       (1) Apprenticeship opportunity; apprenticeship program.--
     The terms ``apprenticeship opportunity'' and ``apprenticeship 
     program'' mean an opportunity in an apprenticeship program, 
     and an apprenticeship program, that is registered by the 
     Office of Apprenticeship or a State apprenticeship agency 
     under the Act of August 16, 1937 (commonly known as the 
     ``National Apprenticeship Act'') (50 Stat. 664, chapter 663; 
     29 U.S.C. 50 et seq.), including, as in effect on December 
     30, 2019, any requirement, standard, or rule promulgated 
     under that Act.
       (2) Coronavirus.--The term ``coronavirus'' means 
     coronavirus as defined in section 506 of the Coronavirus 
     Preparedness and Response Supplemental Appropriations Act, 
     2020 (Public Law 116-123).
       (3) COVID-19 national emergency.--The term ``COVID-19 
     national emergency'' means the national emergency declared by 
     the President under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) on March 13, 2020, with respect to the 
     coronavirus.
       (4) Secretary.--The term ``Secretary''--
       (A) as such term is used in chapters 1 through 4, and 
     chapters 6 and 7, means the Secretary of Labor; and
       (B) as such term is used in chapter 5, means the Secretary 
     of Education.
       (c) Rule.--If funds awarded under this subtitle, including 
     all funds awarded for the purposes of grants, contracts or 
     cooperative agreements, or the development, implementation, 
     or administration of apprenticeship programs (or 
     apprenticeship opportunities), are used to fund 
     apprenticeship programs (or apprenticeship opportunities), 
     those funds shall only be provided to apprenticeship programs 
     (or opportunities in apprenticeship programs) that meet the 
     definition of an apprenticeship program under subsection (b).

CHAPTER 1--WORKFORCE DEVELOPMENT ACTIVITIES IN RESPONSE TO THE COVID-19 
                           NATIONAL EMERGENCY

     SEC. 3111. WORKFORCE RESPONSE ACTIVITIES.

       (a) Funds for Adults and Dislocated Workers.--With respect 
     to funds appropriated under section 3113(d) or 3115(c) and 
     allotted to a State under subtitle B of title I of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3151 et 
     seq.) for adult or dislocated worker workforce development 
     activities, allocated to a local area for adult workforce 
     development activities in accordance with paragraph (2)(A) or 
     paragraph (3) of section 133(b) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3173(b)), or allocated to a 
     local area for dislocated worker workforce development 
     activities in accordance with section 133(b)(2)(B) of such 
     Act (29 U.S.C. 3173(b)(B)), the following shall apply:
       (1) Eligibility of adults and dislocated workers.--To be 
     eligible to receive services through those funds, an adult or 
     dislocated worker--
       (A) shall not be required to meet the requirements of 
     section 134(c)(3)(B) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3174(c)(3)(B)); and
       (B) may include, as determined by the Governor or local 
     board involved, an individual described in section 
     2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic 
     Security Act (15 U.S.C. 9021(a)(3)(A)) who, for the purposes 
     of this section, may be considered by the Governor or board 
     to be an adult or a dislocated worker.
       (2) Individualized career services.--Such funds may be used 
     to provide individualized career services described in 
     section 134(c)(2)(A)(xii) of the Workforce Investment and 
     Opportunity Act (29 U.S.C. 3174(c)(2)(A)(xii)) to any such 
     eligible adult and dislocated worker.
       (3) Incumbent worker training.--In a case in which the 
     local board for such local area provides to the Secretary an 
     assurance that the local area will use such allocated funds 
     (allocated for adult or dislocated worker activities) to 
     provide the work support activities designed to assist low-
     wage workers in retaining and enhancing employment in 
     accordance with section 134(d)(1)(B) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(B)), 
     such local board may--
       (A) use not more than 40 percent of such allocated funds 
     for a training program for incumbent workers described in 
     section 134(d)(4)(A)(i) of such Act (29 U.S.C. 
     3174(d)(4)(A)(i)) (for such low-wage workers who are 
     incumbent workers); and
       (B) consider the economic impact of the COVID-19 national 
     emergency to the employer or participants of such program in 
     determining an employer's eligibility under section 
     134(d)(4)(A)(ii) of such Act (29 U.S.C. 3174(d)(4)(A)(ii))) 
     for the Federal share of the cost of such program.
       (4) Transitional jobs.--
       (A) In general.--The local board for such local area may 
     use not more than 40 percent of such allocated funds to 
     provide transitional jobs in accordance with section 
     134(d)(5) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3174(d)(5)).
       (B) Clarification.--Section 194(10) of the Workforce 
     Innovation and Opportunity Act

[[Page S7724]]

     (29 U.S.C. 3254(10)) shall not apply with respect to the 
     funds used under this paragraph.
       (5) On-the-job training.--The Governor for the State or the 
     local board for such area may take into account the impact of 
     the COVID-19 national emergency as a factor in determining 
     whether to increase the amount of a reimbursement to an 
     amount up to 75 percent of the wage rate of a participant in 
     accordance with 134(c)(3)(H) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3174(c)(3)(H)).
       (6) Customized training.--The Governor for the State or 
     local board for such area may take into account the impact of 
     the COVID-19 national emergency as a factor in determining 
     the portion of the cost of training an employer shall provide 
     in accordance with section 3(14) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3102(14)).
       (b) Youth.--With respect to funds appropriated under 
     section 3114(d) and allotted or allocated under subtitle B of 
     title I of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3151 et seq.) for the activities described in chapter 
     2 of subtitle B of title I of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3161 et seq.) for out-of-school 
     youth and in-school youth (as such terms are defined in 
     section 129(a)(1) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3164(a)(1))), the Governor or local board 
     involved may determine that--
       (1) in the case of an individual described in section 
     2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic 
     Security Act (15 U.S.C. 9021(a)(3)(A))) who meets the 
     requirements of clauses (i) and (ii) of section 129(a)(1)(B) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3164(a)(1)(B)), such individual meets the definition of an 
     out-of-school youth in such section 129(a)(1)(B); and
       (2) in the case of an individual described in section 
     2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic 
     Security Act who meets the requirements of clauses (i) 
     through (iii) of section 129(a)(1)(C) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3164(a)(1)(C)), 
     such individual meets the definition of an in-school youth in 
     such section 129(a)(1)(C).
       (c) Governor's Reserve.--With respect to funds appropriated 
     under section 3113(d), 3114(d), or 3115(c) and allotted under 
     subtitle B of title I of the Workforce Innovation and 
     Opportunity Act to a State in accordance with section 
     127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 
     132(b) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3162(b)(1)(C); 3172(b)), the Governor--
       (1) shall make the reservations under section 128(a) and 
     133(a)(1) of such Act (29 U.S.C. 3163(a); 3173(a)(1)) and use 
     the reserved funds for statewide activities described in 
     section 129(b) or paragraph (2)(B) or (3) of section 134(a) 
     of such Act (29 U.S.C. 3164(b); 3174(a)) related to the 
     COVID-19 national emergency; and
       (2) may make a reservation (in addition to the reservations 
     described in paragraph (1)) of not more than 10 percent for 
     activities related to responding to the COVID-19 national 
     emergency if such reserved funds are used for activities 
     benefitting the local areas within such State most impacted 
     by the COVID-19 national emergency, which activities may 
     include providing--
       (A) training for health care workers, public health 
     workers, personal care attendants, direct service providers, 
     home health workers, and frontline workers;
       (B) resources to support, or allow for and provide access 
     to, online services, including counseling, case management, 
     and employment retention services, and training delivery by 
     local boards, one-stop centers, one-stop operators, or 
     eligible training services providers; or
       (C) additional resources to such local areas to provide 
     career services and supportive services for eligible 
     individuals.
       (d) State Workforce COVID-19 Recovery Plan.--Not later than 
     60 days after a State receives funds appropriated under 
     section 3113(d), 3114(d), or 3115(c), the Governor shall 
     submit to the Secretary, as a supplement to the State plan 
     submitted under section 102(a) or 103(a) of the Workforce 
     Investment and Opportunity Act (29 U.S.C. 3112(a); 3113(a)), 
     a workforce plan that responds to the COVID-19 national 
     emergency.

     SEC. 3112. NATIONAL DISLOCATED WORKER GRANTS.

       (a) Grants Authorized.--From the funds appropriated under 
     subsection (e), the Secretary shall award, in accordance with 
     section 170 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3225), national dislocated worker grants to the 
     entities that meet the requirements for the grants under such 
     section to carry out the activities described in such section 
     and in subsection (d) of this section.
       (b) Plan.--The Secretary shall submit to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, and the Committees on Appropriations of the House of 
     Representatives and the Senate, not later than 30 days after 
     the date of enactment of this Act, a plan for awarding of 
     grants under this section.
       (c) Timing.--Subject to the availability of appropriations 
     to carry out this section, not later than 60 days after the 
     date of enactment of this Act, the Secretary shall use not 
     less than 50 percent of the funds appropriated under 
     subsection (e) to award grants under this section.
       (d) Uses of Funds.--
       (1) In general.--Not less than half of the funds 
     appropriated under subsection (e) shall be used to award 
     grants under this section to carry out this subsection, by 
     responding to the COVID-19 national emergency as described in 
     paragraph (2).
       (2) Response to covid-19 national emergency.--Such a grant 
     to respond to the COVID-19 national emergency shall be used 
     to provide activities that include each of the following:
       (A) Training and temporary employment to respond to the 
     COVID-19 national emergency, ensuring any training or 
     employment under this subparagraph provides participants with 
     adequate and safe equipment, environments, and facilities for 
     training and supervision, including positions or 
     assignments--
       (i) as personal care attendants, direct service providers, 
     or home health workers providing direct care and home health 
     services, including delivering medicine, food, or other 
     supplies, for--

       (I) older individuals, individuals with disabilities, and 
     other individuals with respiratory conditions or other 
     underlying health conditions; or
       (II) individuals in urban, rural, or suburban local areas 
     with excess poverty;

       (ii) in health care and health care support positions 
     responding to the COVID-19 national emergency;
       (iii) to support State, local, or tribal health 
     departments; or
       (iv) in a sector directly responding to the COVID-19 
     national emergency such as childcare, food retail, public 
     service, manufacturing, or transportation.
       (B) Activities responding to layoffs of 50 or more 
     individuals laid off by one employer, or layoffs that 
     significantly increase unemployment in a community, as a 
     result of the COVID-19 national emergency, such as layoffs in 
     the hospitality, transportation, manufacturing, or retail 
     industry sectors or occupations.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 for 
     fiscal year 2021, to remain available through fiscal year 
     2023.

     SEC. 3113. STATE DISLOCATED WORKER ACTIVITIES RESPONDING TO 
                   THE COVID-19 EMERGENCY.

       (a) Distribution of Funds.--
       (1) States.--From the amounts appropriated under subsection 
     (d), the Secretary shall make allotments to States in 
     accordance with section 132(b)(2) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3172(b)(2)).
       (2) Local areas.--Not later than 30 days after a State 
     receives an allotment under paragraph (1), the State shall 
     use the allotted funds--
       (A) to make the reservations required under section 133(a) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3173(a)), which reserved funds may be used for statewide 
     activities described in section 134(a) of such Act (29 U.S.C. 
     3174(a)) related to the COVID-19 national emergency and the 
     activities described in subsection (c); and
       (B) to allocate the remaining funds to local areas in 
     accordance with section 133(b)(2)(B) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3173(b)(2)(B)), 
     which funds may be used for activities described in section 
     134 (other than section 134(a)) of such Act.
       (b) Required Uses.--Each State, in coordination with local 
     areas to the extent described in subsection (c), shall use 
     the funds received under this section to engage in the 
     dislocated worker response activities described in sections 
     133(b)(2)(B) and 134 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3173(b)(2)(B); 3174), and the 
     activities described in subsection (c), to support layoff 
     aversion and provide necessary supports to eligible adults 
     (at risk of dislocation) and dislocated workers and to 
     employers facing layoffs, due to the impacts of the COVID-19 
     national emergency.
       (c) COVID-19 Dislocated Worker Emergency Response.--The 
     dislocated worker response activities described in this 
     subsection shall include each of the following activities 
     carried out by a State, in coordination with local areas 
     impacted by the COVID-19 national emergency (including local 
     areas in which layoffs, suspensions, or reductions of 
     employment have occurred or have the potential to occur as a 
     result of the COVID-19 national emergency):
       (1) The rapid response activities described in section 
     134(a)(2)(A) of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3174(a)(2)(A)), including the layoff aversion 
     activities described in section 682.320 of subtitle 20, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of this Act) to engage employers and adults (at risk of 
     dislocation).
       (2) Coordination of projects, for eligible adults (at risk 
     of dislocation) and dislocated workers impacted by layoffs, 
     suspensions, or reductions in employment as a result of the 
     COVID-19 national emergency, targeted at immediate 
     reemployment, career navigation services, supportive 
     services, career services, training for in-demand industry 
     sectors and occupations, provision of information on in-
     demand and declining industries and information on employers 
     who have a demonstrated history of providing equitable 
     benefits and compensation and safe working conditions, access 
     to technology and online skills training including digital 
     literacy skills training, and other layoff support or further 
     layoff aversion strategies through employment and training 
     activities.

[[Page S7725]]

       (3) A prioritization or coordination of employment and 
     training activities, including supportive services and career 
     pathways, that--
       (A) prepare eligible adults (at risk of dislocation) and 
     dislocated workers to participate in short-term employment to 
     meet the demands for health care workers, public health 
     workers, personal care attendants, direct service providers, 
     home health workers, and frontline workers responding to the 
     COVID-19 national emergency, including frontline workers in 
     the transportation, information technology, service, 
     manufacturing, food service, maintenance, and cleaning 
     sectors;
       (B) allow such individuals to maintain eligibility for 
     career services and training services through the period in 
     which such individuals are in short-term employment to 
     respond to the COVID-19 national emergency, and in the period 
     immediately following the conclusion of the short-term 
     employment, to support transitions into further training or 
     employment; and
       (C) provide participants with adequate and safe equipment, 
     environments, and facilities for training and supervision.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the activities described in 
     this section, and subsections (a), (c), and (d) of section 
     3111, $2,500,000,000 for fiscal year 2021, to remain 
     available through fiscal year 2023.

     SEC. 3114. YOUTH WORKFORCE INVESTMENT ACTIVITIES RESPONDING 
                   TO THE COVID-19 NATIONAL EMERGENCY.

       (a) Distribution of Funds.--
       (1) States.--From the amounts appropriated under subsection 
     (d), the Secretary shall make allotments to States in 
     accordance with section 127(b) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3162(b)).
       (2) Local areas.--Not later than 30 days after a State 
     receives an allotment under paragraph (1), the State shall 
     use the allotted funds--
       (A) to make the reservations required under 128(a) of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3163(a)), 
     which reserved funds may be used for statewide activities 
     described in section 129(b) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3164(a)) related to the COVID-19 
     national emergency and the activities described in subsection 
     (b); and
       (B) to allocate the remaining funds to local areas in 
     accordance with section 128(b) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3163(b)), which funds may be 
     used for the activities described in subsection (b).
       (b) Uses of Funds.--
       (1) In general.--In using the funds received under this 
     section, each State and local area shall prioritize providing 
     services described in paragraph (2)(A) for youth impacted by 
     diminished labor market opportunities for summer jobs or 
     year-round employment due to the economic impacts of the 
     COVID-19 national emergency.
       (2) Youth workforce investment activities.--
       (A) Employment opportunities for at-risk youth.--Each State 
     and local area receiving funds under this section shall use 
     not less than 50 percent of such funds to support summer and 
     year-round youth employment opportunities for in-school and 
     out-of-school youth--
       (i) with a priority for out-of-school youth and youth with 
     multiple barriers to employment; and
       (ii) which shall include support for employer partnerships 
     for youth employment and subsidized youth employment, and 
     partnerships with community-based organizations to support 
     such employment opportunities.
       (B) Other activities.--Any amount of the funds so received 
     that is not used to carry out the activities described in 
     subparagraph (A) shall be used by States and local areas for 
     carrying out the activities described in subsections (b) and 
     (c), respectively, of section 129 of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3164), and for the purposes 
     of--
       (i) supporting in-school and out-of-school youth to connect 
     to education and career pathways;
       (ii) establishing or expanding partnerships with community-
     based organizations to develop or expand work experience 
     opportunities through which youth can develop skills and 
     competencies to secure and maintain employment, including 
     opportunities with supports for activities like peer 
     mentoring;
       (iii) providing subsidized employment, internships, work-
     based learning, and youth apprenticeship opportunities;
       (iv) providing work readiness training activities and 
     educational programs aligned to career pathways that support 
     credential attainment and the development of employability 
     skills;
       (v) engaging or establishing industry or sector 
     partnerships to determine job needs and available 
     opportunities for youth employment;
       (vi) conducting outreach to youth and employers;
       (vii) providing coaching, navigation, and mentoring 
     services for participating youth, including career 
     exploration, career counseling, career planning, and college 
     planning services for participating youth;
       (viii) providing coaching, navigation, and mentoring 
     services for employers on how to successfully employ 
     participating youth in meaningful work;
       (ix) providing services to youth, to enable participation 
     in a program of youth activities, which services may include 
     supportive services, access to technological devices and 
     access to other supports needed to access online services, 
     and followup services for not less than 12 months after the 
     completion of participation, as appropriate; and
       (x) coordinating activities under this section with State 
     and local educational agencies to adjust for revised academic 
     calendars in response to the COVID-19 national emergency.
       (c) General Provisions.--A State or local area using funds 
     under this section for youth summer or year-round employment 
     shall require that not less than 25 percent of the wages of 
     each eligible youth participating in such employment be paid 
     by the employer, except that such requirement may waived for 
     an employer facing financial hardship due to the COVID-19 
     national emergency.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the activities described in 
     this section, and subsections (b), (c), and (d) of section 
     3111, $2,500,000,000 for fiscal year 2021, to remain 
     available through fiscal year 2023.

     SEC. 3115. ADULT EMPLOYMENT AND TRAINING ACTIVITIES 
                   RESPONDING TO THE COVID-19 NATIONAL EMERGENCY.

       (a) Distribution of Funds.--
       (1) States.--From the amounts appropriated under subsection 
     (c), the Secretary shall make allotments to States in 
     accordance with section 132(b)(1) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3172(b)(1)).
       (2) Local areas.--Not later than 30 days after a State 
     receives an allotment under paragraph (1), the State shall 
     use the allotted funds--
       (A) to make the reservations required under section 133(a) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3173(a)), which reserved funds may be used for statewide 
     activities described in section 134(a) of such Act (29 U.S.C. 
     3174(a)) related to the COVID-19 national emergency; and
       (B) to allocate the remaining funds to local areas in 
     accordance with paragraph (2)(A) or (3) of section 133(b) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3173(b)).
       (b) Uses of Funds.--
       (1) In general.--Each State and local area receiving funds 
     under this section shall use the funds to engage in the adult 
     employment and training activities described in section 134 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3174) to provide necessary supports and services to eligible 
     adults who are adversely impacted by the COVID-19 national 
     emergency, including to individuals who are underemployed or 
     most at risk of unemployment, and shall coordinate the adult 
     employment and training services with employers facing 
     economic hardship or employment challenges due to economic 
     impacts of the COVID-19 national emergency.
       (2) COVID-19 adult employment and training activities.--
       (A) Services to support employers impacted by the covid-19 
     national emergency.--Of the funds allocated to a local area 
     under subsection (a)(2)(B), not less than one third shall be 
     used for providing services to eligible adults to support 
     employers impacted by the COVID-19 national emergency, 
     including incumbent worker training, on-the-job training, and 
     customized training activities, and activities supporting 
     employee retention for employers, prioritizing those 
     employers facing economic hardship or employment challenges 
     as a result of the COVID-19 national emergency.
       (B) Underemployment and employment supports.--Of the funds 
     allocated to a local area and not used for activities under 
     subparagraph (A), such funds shall be used to provide the 
     services and supports described in section 134 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3174) for 
     eligible adults who are workers facing underemployment, 
     individuals seeking work, or dislocated workers, prioritizing 
     individuals with barriers to employment or eligible adults 
     who are adversely impacted by economic changes within their 
     communities due to the COVID-19 national emergency, including 
     providing--
       (i) work-based learning opportunities including paid 
     internships, paid work experience opportunities, transitional 
     jobs, or opportunities in apprenticeship programs;
       (ii) career navigation supports to encourage and enable 
     workers to find new career pathways to in-demand industry 
     sectors and occupations and the necessary training to support 
     those career pathways, or workplace learning advisors to 
     support incumbent workers;
       (iii) training for in-demand industry sectors and 
     occupations, including for digital literacy needed for such 
     industry sectors and occupations;
       (iv) virtual services and virtual employment and training 
     activities, including providing appropriate accommodations to 
     individuals with disabilities in accordance with the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.); and
       (v) supportive services and individualized career services.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section and subsections 
     (a), (c), and (d) of section 3111, $2,500,000,000 for fiscal 
     year 2021, to remain available through fiscal year 2023.

[[Page S7726]]

  


CHAPTER 2--EMPLOYMENT SERVICE COVID-19 NATIONAL EMERGENCY RESPONSE FUND

     SEC. 3121. EMPLOYMENT SERVICE.

       (a) In General.--From the funds appropriated under 
     subsection (c), the Secretary shall--
       (1) reserve not less than $100,000,000 for workforce 
     information systems improvements, including for related 
     electronic tools and system building, and for the activities 
     described in subsection (b)(1); and
       (2) use the remaining funds to make allotments in 
     accordance with section 6 of the Wagner-Peyser Act (29 U.S.C. 
     49e) to States, which for purposes of this section shall 
     include the Commonwealth of the Northern Mariana Islands and 
     American Samoa, for--
       (A) the activities described in subsection (b)(2) of this 
     section; and
       (B) the activities described in section 15 of the Wagner-
     Peyser Act (29 U.S.C. 49l-2).
       (b) Uses of Funds.--
       (1) Reservation uses of funds.--The Secretary shall use the 
     funds reserved under subsection (a)(1) for--
       (A) workforce information grants to States for the 
     development of labor market insights and evidence on the 
     State and local impacts of the COVID-19 national emergency 
     and on promising reemployment strategies, and to improve 
     access to tools and equipment for virtual products and 
     service delivery;
       (B) the Workforce Information Technology Support Center, to 
     facilitate voluntary State participation in multi-State data 
     collaboratives that develop real-time State and local labor 
     market insights on the impacts of the COVID-19 national 
     emergency and evidence to promote more rapid reemployment and 
     economic mobility, using cross-State and cross-agency 
     administrative data; and
       (C) improvements in short- and long-term State and local 
     occupational and employment projections to facilitate 
     reemployment, economic mobility, and economic development 
     strategies.
       (2) State uses of funds.--A State shall use an allotment 
     received under subsection (a)(2) to--
       (A) provide additional resources for supporting employment 
     service personnel employed on a merit system in providing 
     reemployment services for unemployed and underemployed 
     workers impacted by the COVID-19 national emergency;
       (B) provide assistance for individuals impacted by the 
     COVID-19 national emergency, including individuals receiving 
     unemployment benefits or seeking employment as a result of 
     the emergency (which provision of assistance shall include 
     providing for services such as reemployment services, job 
     search assistance, and job matching services based on the 
     experience of individuals, and providing individualized 
     career services for all such individuals); and
       (C) provide services for employers impacted by the COVID-19 
     national emergency, which shall include services for 
     employers dealing with labor force changes as a result of 
     such emergency.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the activities described in 
     this section $1,700,000,000 for fiscal year 2021, to remain 
     available through fiscal year 2023.

    CHAPTER 3--JOB CORPS RESPONSE TO THE COVID-19 NATIONAL EMERGENCY

     SEC. 3131. JOB CORPS RESPONSE TO THE COVID-19 NATIONAL 
                   EMERGENCY.

       (a) Funding for Job Corps During the COVID-19 National 
     Emergency.--From the funds appropriated under subsection (c), 
     the Secretary--
       (1) shall provide funds to each entity with which the 
     Secretary has entered into an agreement under section 
     147(a)(1) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3197(a)(1)) to--
       (A) during the COVID-19 national emergency--
       (i) carry out the activities described in section 148(a) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3198(a)); and
       (ii) provide the child care described in section 148(e) of 
     such Act (29 U.S.C. 3198(e)); and
       (B) retain existing capacity (existing as of June 1, 2019) 
     of each Job Corps center, including retaining the existing 
     residential capacity, during and after the COVID-19 national 
     emergency, and increase staffing and student capacity and 
     resources related to section 145 of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3195) to provide for full on-
     board strength after such emergency; and
       (C) during the 12-month period after the COVID-19 national 
     emergency, carry out the graduate services described in 
     section 148(d) of such Act (29 U.S.C. 3198(d)) for any 
     individual who has graduated from Job Corps during the 3-
     month period after such emergency; and
       (2) may--
       (A) provide up to 15 percent of the funds provided to the 
     entity to meet the operational needs of the Job Corps center 
     (which may include the cleaning, sanitation, and necessary 
     improvements of the center related to COVID-19);
       (B) support--
       (i) activities providing the relationship to opportunities, 
     and links to employment opportunities described in paragraphs 
     (2) and (3) of section 148(a) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3198(a));
       (ii) to the greatest extent practicable, the career and 
     technical education and training described in section 148(b) 
     of such Act (29 U.S.C. 3198(b)) through virtual or remote 
     means for any period while Job Corps enrollees are away from 
     their centers during the COVID-19 national emergency, 
     including by providing necessary technology resources to 
     enrollees during that period; and
       (iii) other activities described in section 148 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3198);
       (C) provide for costs related to infrastructure projects, 
     including technology modernization needed to provide for 
     virtual and remote learning; and
       (D) provide for payment of Job Corps stipends, including 
     emergency Job Corps stipends, and facilitate such payments 
     through means such as debit cards with no usage fees, and 
     provide for corresponding financial literacy.
       (b) Flexibility.--
       (1) In general.--In order to provide for the successful 
     continuity of services and enrollment periods during the 
     COVID-19 national emergency, additional flexibility shall be 
     provided for Job Corps enrollees, operators, and providers of 
     activities, including flexibility described in paragraphs (2) 
     through (6).
       (2) Eligibility.--Notwithstanding the age requirements for 
     enrollment under section 144(a)(1) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3194(a)(1)), an 
     individual seeking to enroll in the Job Corps and who will 
     turn 25 during the COVID-19 national emergency is eligible 
     for such enrollment.
       (3) Enrollment length.--Notwithstanding section 146(b) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3196(b)), an individual enrolled in the Job Corps during the 
     COVID-19 national emergency may extend the individual's 
     period of enrollment for more than 2 years, as long as such 
     extension does not exceed a 2-year, continuous period of 
     enrollment after the COVID-19 national emergency.
       (4) Advanced career training programs.--With respect to 
     advanced career training programs under section 148(c) of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3198(c)), 
     in which the enrollees may continue to participate for a 
     period not to exceed 1 year in addition to the period of 
     participation to which the enrollees would otherwise be 
     limited, the COVID-19 national emergency shall not be 
     considered as any portion of such additional 1-year 
     participation period.
       (5) Counseling, job placement, and assessment.--The 
     counseling, job placement services, and assessment described 
     in section 149 of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3199) shall be available to former enrollees--
       (A) whose enrollment was interrupted due to the COVID-19 
     national emergency; or
       (B) who graduated from Job Corps not earlier than January 
     1, 2020, but not later than 3 months after the COVID-19 
     national emergency.
       (6) Support.--
       (A) In general.--The Secretary shall provide additional 
     support for the transition periods described in section 
     150(c) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3200(c)), including support described in subparagraphs 
     (B) and (C).
       (B) Transition allowances.--The Secretary shall provide for 
     additional transition allowances as described in subsection 
     (b) of such section for Job Corps graduates who have 
     graduated in 2020 and shall provide those allowances during 
     the period that begins on the first day of the COVID-19 
     national emergency and ends 3 months after the conclusion of 
     the emergency.
       (C) Transition support.--The Secretary shall consider the 
     period described in subparagraph (B) as the period in which 
     the employment services described in subsection (c) of such 
     section shall be provided to graduates who have graduated in 
     2020.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this chapter $500,000,000 for 
     fiscal year 2021, to remain available through fiscal year 
     2023.

                      CHAPTER 4--NATIONAL PROGRAMS

     SEC. 3141. NATIVE AMERICAN PROGRAMS RESPONDING TO THE COVID-
                   19 NATIONAL EMERGENCY.

       (a) Competitive Grant Awards.--As a result of challenges 
     faced due to the COVID-19 national emergency, the Secretary 
     may extend, by 1 fiscal year, the 4-year period for grants, 
     contracts, and cooperative agreements that will be awarded in 
     fiscal year 2021 under subsection (c) of section 166 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3221). 
     Funds under such grants, contracts, and cooperative 
     agreements shall be used to carry out the activities 
     described in subsection (d) of such section 166 through 
     fiscal year 2025.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section and activities 
     as described in section 166 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3221) $150,000,000 for fiscal year 
     2021, to remain available through fiscal year 2025.

     SEC. 3142. MIGRANT AND SEASONAL FARMWORKER PROGRAM RESPONSE.

       (a) Competitive Grant Awards.--As a result of challenges 
     faced due to the COVID-19 national emergency, the Secretary 
     may extend, by 1 fiscal year, the 4-year period for grants 
     and contracts that will be awarded in fiscal year 2021 under 
     subsection (a) of section 167 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3222). Funds under such grants and 
     contracts shall be used to

[[Page S7727]]

     carry out the activities described in subsection (d) of such 
     section 167 through fiscal year 2025.
       (b) Eligible Migrant and Seasonal Farmworker.--
     Notwithstanding the low-income requirement in the definition 
     of ``eligible seasonal farmworker'' in section 167(i)(3) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3222(i)(3)), an individual seeking to enroll in a program 
     funded under section 167 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3222) during the COVID-19 national 
     emergency is eligible for such enrollment if such individual 
     is a member of a family with a total family income equal to 
     or less than 150 percent of the poverty line.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section and activities 
     as described in section 167 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3222) $150,000,000 for fiscal year 
     2021, to remain available through fiscal year 2023.

     SEC. 3143. YOUTHBUILD ACTIVITIES RESPONDING TO THE COVID-19 
                   NATIONAL EMERGENCY.

       (a) In General.--In order to provide for the successful 
     continuity of services and enrollment periods during the 
     COVID-19 national emergency, the Secretary shall--
       (1) make available, from 20 percent of the funds 
     appropriated under subsection (c), assistance to entities 
     carrying out YouthBuild programs operating during the COVID-
     19 national emergency and, for the assistance made available 
     to such an entity--
       (A) the assistance may be used for carrying out the 
     activities under section 171(c)(2) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3226(c)(2)); and
       (B) notwithstanding section 171(c)(2)(D) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3226(c)(2)(D)), a 
     portion equal to not more than 20 percent of the assistance 
     may be used for the administrative costs of carrying out 
     activities under section 171(c)(2) of such Act, but all of 
     such portion shall be used for such administrative costs 
     related to responding to the COVID-19 national emergency;
       (2) after using funds in accordance with paragraph (1), use 
     80 percent of the funds appropriated under subsection (c) 
     to--
       (A) reserve and use funds in accordance with section 
     171(g)(2)(B) of such Act (29 U.S.C. 3226(g)(2)(B)); and
       (B) award grants in accordance with section 171(c) of such 
     Act (29 U.S.C. 3226(c)), which may be awarded as supplemental 
     awards, to eligible entities that received grants under such 
     section 171(c) for program year 2019 or 2020; and
       (3) provide for the flexibility described in subsection (b) 
     for YouthBuild participants and entities carrying out 
     YouthBuild programs.
       (b) Flexibility.--
       (1) In general.--During the COVID-19 national emergency, 
     the Secretary shall provide for flexibility for YouthBuild 
     participants and entities carrying out YouthBuild programs, 
     including flexibility described in paragraphs (2) and (3).
       (2) Eligibility.--Notwithstanding the age requirements for 
     enrollment under section 171(e)(1)(A)(i) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3226(e)(1)(A)(i)), 
     an individual seeking to participate in a YouthBuild program 
     and who will turn 25 during the COVID-19 national emergency 
     is eligible for such participation.
       (3) Participation length.--Notwithstanding section 
     171(e)(2) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3226(e)(2)), the period of participation in a 
     YouthBuild program may extend for more than 24 months for an 
     individual participating in such program during the COVID-19 
     national emergency, as long as such extension does not exceed 
     a 24-month, continuous period of enrollment after the COVID-
     19 national emergency.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $250,000,000 for 
     fiscal year 2021, to remain available through fiscal year 
     2023.

     SEC. 3144. REENTRY EMPLOYMENT OPPORTUNITIES RESPONDING TO THE 
                   COVID-19 NATIONAL EMERGENCY.

       (a) In General.--The Secretary shall--
       (1) not later than 30 days after the date of enactment of 
     this Act, announce an opportunity to receive funds in 
     accordance with section 169(b) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3224(b)) for the activities 
     described in subsection (b) of this section; and
       (2) from the funds appropriated under subsection (c), not 
     later than 45 days after the date on which an entity submits 
     an application that meets the requirements of the Secretary 
     under this section, award funds under this section to such 
     entity.
       (b) Use of Funds.--
       (1) In general.--Funds under this section shall be used to 
     support reentry employment opportunities for justice system-
     involved youth or young adults, formerly incarcerated adults, 
     and former offenders, during and following the COVID-19 
     national emergency, with priority given to providing for 
     subsidized employment and transitional jobs, and creating 
     stronger alignment between the opportunities and the 
     workforce development system and participant supports under 
     subtitle B of title I of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3151 et seq.).
       (2) Grants for intermediaries.--
       (A) Reservation.--Of the amount appropriated under 
     subsection (c), the Secretary shall reserve $87,500,000 for 
     grants under this paragraph.
       (B) Grants.--The Secretary shall make grants, on a 
     competitive basis, to national and regional intermediaries 
     for reentry employment opportunities described in paragraph 
     (1) that prepare young, formerly incarcerated individuals 
     described in paragraph (1), including such individuals who 
     have dropped out of school or other educational programs. In 
     making the grants, the Secretary shall give priority to 
     intermediaries proposing projects serving high-crime, high-
     poverty areas.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $350,000,000 for 
     fiscal year 2021, to remain available through fiscal year 
     2023.

     SEC. 3145. REGISTERED APPRENTICESHIP OPPORTUNITIES RESPONDING 
                   TO THE COVID-19 NATIONAL EMERGENCY.

       (a) In General.--From the funds appropriated under 
     subsection (c), the Secretary shall award grants, contracts, 
     or cooperative agreements to eligible entities on a 
     competitive basis to create or expand apprenticeship 
     programs, which shall include pre-apprenticeship programs and 
     youth apprenticeship programs.
       (b) Use of Funds.--In making awards under subsection (a), 
     the Secretary shall ensure that--
       (1) not less than 50 percent of the funds appropriated 
     under subsection (c) shall be awarded to States in accordance 
     with the award information described in the Department of 
     Labor Employment and Training Administration Training and 
     Employment Guidance Letter No. 17-18 issued on May 3, 2019;
       (2) the remaining funds appropriated under subsection (c) 
     after funds are awarded under paragraph (1) shall be used for 
     supporting national industry and equity intermediaries, and 
     local intermediaries; and
       (3) funds awarded under this section shall be used for 
     creating or expanding opportunities in apprenticeship 
     programs, including opportunities in pre-apprenticeship 
     programs and youth apprenticeship programs, and activities 
     including--
       (A) providing supportive services;
       (B) using recruitment and retention strategies for program 
     participants with a priority for recruiting and retaining, 
     for programs, a high number or high percentage of individuals 
     with barriers to employment and individuals from populations 
     traditionally underrepresented in apprenticeship programs;
       (C) expanding apprenticeship opportunities in high-skill, 
     high-wage, or in-demand industry sectors and occupations;
       (D) paying for costs associated with related instruction, 
     or wages while participating in related instruction;
       (E) improving educational alignment; and
       (F) encouraging employer participation.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 for 
     fiscal year 2021, to remain available through fiscal year 
     2023.

  CHAPTER 5--ADULT EDUCATION AND LITERACY COVID-19 NATIONAL EMERGENCY 
                                RESPONSE

     SEC. 3151. DEFINITIONS.

       In this chapter, the terms ``adult education'', ``adult 
     education and literacy activities'', ``eligible agency'', 
     ``eligible provider'', and ``integrated education and 
     training'' have the meanings given the terms in section 203 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3272).

     SEC. 3152. ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES.

       During the COVID-19 national emergency, an eligible agency 
     may use funds available to such agency under paragraphs (2) 
     and (3) of section 222(a) of the Workforce Innovation and 
     Opportunity Act (20 U.S.C. 3302(a)), for the administrative 
     expenses of the eligible agency related to transitions to 
     online service delivery of adult education and literacy 
     activities.

     SEC. 3153. DISTRIBUTION OF FUNDS.

       (a) Reservation of Funds; Grants to Eligible Agencies.--
     From the amounts appropriated under subsection (c), the 
     Secretary shall--
       (1) reserve and use funds in accordance with section 211(a) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3291); and
       (2) award grants to eligible agencies in accordance with 
     section 211(b) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3291), ensuring that not less than 10 percent 
     of the total funds awarded through those grants shall be used 
     to provide adult education and literacy activities in 
     correctional facilities.
       (b) Uses of Funds.--Each eligible agency or eligible 
     provider shall use the funds received through subsection 
     (a)(2) to expand the capacity of adult education providers to 
     prioritize serving adults with low literacy or numeracy 
     levels negatively impacted by the economic consequences of 
     the COVID-19 national emergency, which may include--
       (1) expanding the infrastructure needed for the provision 
     of services and educational resources online or through 
     digital means, including the provision of technology or 
     internet access to students and instructional staff to enable 
     virtual or distance learning;

[[Page S7728]]

       (2) creating or expanding digital literacy curricula and 
     resources, including professional development activities to 
     aid instructional and program staff in providing online or 
     digital training to students; and
       (3) equipping adult education providers to partner more 
     closely with partners in workforce development systems on 
     implementation strategies such as provision of integrated 
     education and training to prepare adult learners on an 
     accelerated timeline for high-skill, high-wage, or in-demand 
     industry sectors and occupations.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000,000 
     for fiscal year 2021, to remain available through fiscal year 
     2023.

      CHAPTER 6--COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS

     SEC. 3161. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means an 
     eligible institution or a consortium of such eligible 
     institutions, which may include a multistate consortium of 
     such eligible institutions.
       (2) Eligible institution.--The term ``eligible 
     institution'' means a public institution of higher education 
     (as defined in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a))) at which the highest degree that is 
     predominantly awarded to students is an associate degree, 
     including a 2-year Tribal College or University (as defined 
     in section 316 of the Higher Education Act (20 U.S.C. 
     1059c)).
       (3) Perkins cte definitions.--The terms ``career and 
     technical education'', ``dual or concurrent enrollment 
     program'', and ``work-based learning'' have the meanings 
     given the in terms in section 3 of the Carl D. Perkins Career 
     and Technical Education Act of 2006 (20 U.S.C. 2302).
       (b) Grant Authority.--
       (1) In general.--From the funds appropriated under 
     subsection (h) and not reserved under subsection (f), the 
     Secretary, in collaboration with the Secretary of Education 
     (acting through the Office of Career, Technical, and Adult 
     Education) shall award, on a competitive basis, grants, 
     contracts, or cooperative agreements, in accordance with 
     section 169(b)(5) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3224(b)(5)), to eligible entities to assist 
     such eligible entities in--
       (A) establishing and scaling career training programs, 
     including career and technical education programs, and 
     industry and sector partnerships to inform such programs; and
       (B) providing necessary student supports.
       (2) Award amounts.--The total amount of funds awarded under 
     this section to an eligible entity shall not exceed--
       (A) in the case of an eligible entity that is eligible 
     institution, $2,500,000; and
       (B) in the case of an eligible entity that is a consortium, 
     $15,000,000.
       (3) Award period.--A grant, contract, or cooperative 
     agreement awarded under this section shall be for a period of 
     not more than 4 years, except that the Secretary may extend 
     such a grant, contract, or agreement for an additional 2-year 
     period.
       (4) Equitable distribution.--In awarding grants under this 
     section, the Secretary shall ensure, to the extent 
     practicable, the equitable distribution of grants, based on--
       (A) geography (such as urban and rural distribution); and
       (B) States and local areas significantly impacted by the 
     COVID-19 national emergency.
       (c) Priority.--In awarding funds under this section, the 
     Secretary shall give priority to eligible entities that will 
     use such funds to serve individuals impacted by the COVID-19 
     national emergency, as demonstrated by providing an assurance 
     in the application submitted under subsection (d) that the 
     eligible entity will use such funds to--
       (1) serve such individuals with barriers to employment, 
     veterans, spouses of members of the Armed Forces, Native 
     Americans, Alaska Natives, Native Hawaiians, or incumbent 
     workers who are low-skilled and who need to increase their 
     employability skills;
       (2) serve such individuals from each major racial and 
     ethnic group or gender with lower than average educational 
     attainment in the State or employment in the in-demand 
     industry sector or occupation that such award will support; 
     or
       (3) serve areas with high unemployment rates or high levels 
     of poverty, including rural areas.
       (d) Application.--An eligible entity seeking an award of 
     funds under this section shall submit to the Secretary an 
     application containing a grant proposal at such time and in 
     such manner, and containing such information, as required by 
     the Secretary, including a detailed description of the 
     following:
       (1) Each entity (and the roles and responsibilities of each 
     entity) with which the eligible entity will partner to carry 
     out activities under this section, including each of the 
     following:
       (A) An industry or sector partnership representing a high-
     skill, high-wage, or in-demand industry sector or occupation.
       (B) A State higher education agency or a State workforce 
     agency.
       (C) To the extent practicable--
       (i) State or local workforce development systems;
       (ii) economic development and other relevant State or local 
     agencies;
       (iii) one or more community-based organizations;
       (iv) one or more institutions of higher education that 
     primarily award 4-year degrees with which the eligible 
     institution has developed or will develop articulation 
     agreements for programs created or expanded using funds under 
     this section;
       (v) one or more providers of adult education; and
       (vi) one or more labor organizations or joint labor-
     management partnerships.
       (2) The programs that will be supported with such award, 
     including a description of--
       (A) each program that will developed or expanded, and how 
     the program will be responsive to the high-skill, high-wage, 
     or in-demand industry sectors or occupations in the 
     geographic region served by the eligible entity under this 
     section, including--
       (i) how the eligible entity will collaborate with employers 
     to ensure each such program will provide the skills and 
     competencies necessary to meet future employment demand; and
       (ii) the quantitative data and evidence that demonstrates 
     the extent to which each such program will meet the needs of 
     employers in the geographic area served by the eligible 
     entity under this section;
       (B) the recognized postsecondary credentials to be awarded 
     under each program described in subparagraph (A);
       (C) how each such program will facilitate cooperation 
     between representatives of workers and employers in the local 
     areas to ensure a fair and engaging workplace that balances 
     the priorities and well-being of workers with the needs of 
     businesses;
       (D) the extent to which each such program aligns with a 
     statewide or regional workforce development strategy, 
     including such strategies established under section 102(b)(1) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3112(b)(1)); and
       (E) how the eligible entity will ensure the quality of each 
     such program, the career pathways within such programs, and 
     the jobs in the industry sectors or occupations to which the 
     program is aligned.
       (3) The extent to which the eligible entity can leverage 
     additional resources, and demonstration of the future 
     sustainability of each such program.
       (4) How each such program and activities carried out under 
     the grant will include evidence-based practices, including a 
     description of such practices.
       (5) The student populations that will be served by the 
     eligible entity, including--
       (A) an analysis of any barriers to employment or barriers 
     to postsecondary education that such populations face, and an 
     analysis of how the services to be provided by the eligible 
     entity under this section will address such barriers; and
       (B) how the eligible entity will support such populations 
     to establish a work history, demonstrate success in the 
     workplace, and develop the skills and competencies that lead 
     to entry into and retention in unsubsidized employment.
       (6) Assurances the eligible entity will participate in and 
     comply with third-party evaluations described in subsection 
     (f)(3).
       (e) Use of Funds.--
       (1) In general.--An eligible entity shall use a grant 
     awarded under this section to establish and scale career 
     training programs, including career and technical education 
     programs, and career pathways and supports for students 
     participating in such programs.
       (2) Student support and emergency services.--Not less than 
     15 percent of the grant awarded to an eligible entity under 
     this section shall be used to carry out student support 
     services which may include the following:
       (A) Supportive services, including child care, 
     transportation, mental health services, substance use 
     disorder prevention and treatment, assistance in obtaining 
     health insurance coverage, housing, and assistance in 
     accessing the supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.), the special supplemental nutrition 
     program for women, infants, and children established by 
     section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786), and other benefits, as appropriate.
       (B) Connecting students to State or Federal means-tested 
     benefits programs, including the means-tested Federal 
     benefits programs described in subparagraphs (A) through (F) 
     of section 479(d)(2) of the Higher Education Act of 1965 (20 
     U.S.C. 1087ss(d)(2)).
       (C) The provision of direct financial assistance to help 
     students facing financial hardships that may impact 
     enrollment in or completion of a program assisted with such 
     funds.
       (D) Navigation, coaching, mentorship, and case management 
     services, including providing information and outreach to 
     populations described in subsection (c) to take part in a 
     program supported with such funds.
       (E) Providing access to necessary supplies, materials, or 
     technological devices, and required equipment, and other 
     supports necessary to participate in such programs.
       (3) Additional required program activities.--The funds 
     awarded to an eligible entity under this section that remain 
     after carrying out paragraph (2) shall be used to--
       (A) create, develop, or expand articulation agreements (as 
     defined in section 486A(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1093a(a))), credit transfer agreements, 
     policies to award credit for prior learning, corequisite 
     remediation, dual or concurrent enrollment programs, career 
     pathways, and competency-based education;

[[Page S7729]]

       (B) establish or expand industry or sector partnerships to 
     develop or expand academic programs and curricula;
       (C) establish or expand work-based learning opportunities, 
     including apprenticeship programs or paid internships;
       (D) establish or implement plans for programs supported 
     with funds under this section to be included on the eligible 
     training provider, as described under section 122(d) of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d));
       (E) award academic credit or provide for academic alignment 
     towards credit pathways for programs assisted with such 
     funds, including industry recognized credentials, competency-
     based education, or work-based learning;
       (F) make available open, searchable, and comparable 
     information on the recognized postsecondary credentials 
     awarded under such programs, including the related skills or 
     competencies, related employment, and earnings outcomes; or
       (G) acquiring equipment necessary to support activities 
     permitted under this section.
       (f) Secretarial Reservations.--Not more than 5 percent of 
     the funds appropriated for a fiscal year may be used by the 
     Secretary for--
       (1) the administration of the program under this section, 
     including providing technical assistance to eligible 
     entities;
       (2) targeted outreach to eligible institutions serving a 
     high number or high percentage of low-income populations, and 
     rural serving eligible institutions to provide guidance and 
     assistance in the grant application process under this 
     section; and
       (3) a rigorous, third-party evaluation that uses 
     experimental or quasi-experimental design or other research 
     methodologies that allow for the strongest possible causal 
     inferences to determine whether each eligible entity carrying 
     out a program supported under this section has met the goals 
     of such program as described in the application submitted by 
     eligible entity, including through a national assessment of 
     all such programs at the conclusion of each 4-year grant 
     period.
       (g) Reports and Dissemination.--
       (1) Reports.--Each eligible entity receiving funds under 
     this section shall report to the Secretary annually on--
       (A) a description of the programs supported with such 
     funds, including activities carried out directly by the 
     eligible entity and activities carried out by each partner of 
     the eligible entity described in subsection (d)(1);
       (B) data on the population served with the funds and labor 
     market outcomes of populations served by the funds;
       (C) resources leveraged by the eligible entity to support 
     activities under this section; and
       (D) the performance of each such program with respect to 
     the indicators of performance under section 116(b)(2)(A)(i) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3141(b)(2)(A)(i)).
       (2) Dissemination.--Each eligible entity receiving funds 
     under this section shall--
       (A) participate in activities regarding the dissemination 
     of related research, best practices, and technical 
     assistance; and
       (B) to the extent practicable, and as determined by the 
     Secretary, make available to the public any materials created 
     under the grant.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000,000 
     for fiscal year 2021, to remain available through fiscal year 
     2025.

         CHAPTER 7--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

     SEC. 3171. APPROPRIATIONS.

       There is appropriated to the Secretary, out of any money in 
     the Treasury not otherwise appropriated, $140,000,000 to 
     carry out title V of the Older Americans Act of 1965 (42 
     U.S.C. 3056 et seq.), for each of fiscal years 2021 through 
     2025.

                     CHAPTER 8--GENERAL PROVISIONS

     SEC. 3176. GENERAL PROVISIONS.

       (a) Supplement, Not Supplant.--Any Federal funds provided 
     under this subtitle shall be used only to supplement and not 
     supplant the funds that would, in the absence of such Federal 
     funds, be made available from State or local public funds for 
     adult education and literacy activities, employment and 
     training activities, or other activities carried out under 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 
     et seq.).
       (b) Evaluations.--Any activity or program carried out with 
     funds provided under this subtitle shall be subject to the 
     following:
       (1) Measurement with performance accountability indicators 
     in accordance with section 116(b)(2)(A) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) or 
     as provided as follows:
       (A) With respect to an activity or program carried out 
     under section 3131, the measurement with performance 
     accountability indicators shall be in accordance with section 
     116(b)(2)(A)(ii) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3141(b)(2)(A)(ii)).
       (B) With respect to an activity or program carried out 
     under section 3143, the measurement with performance 
     accountability indicators shall be in accordance with section 
     116(b)(2)(A)(ii) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3141(b)(2)(A)(ii)).
       (2) Rigorous evaluation using research approaches 
     appropriate to the level of development and maturity of the 
     activity or program, which evaluation may include random 
     assignment or quasi-experimental impact evaluations, 
     implementation evaluations, pre-experimental studies, and 
     feasibility studies, including studies of job quality 
     measures and credential transparency.
       (c) Uses of Funds.--From the funds appropriated under 
     subsection (d), the Secretary of Labor shall--
       (1) support the administration of the funds under this 
     subtitle and evaluation of activities and programs described 
     in subsection (b), including by providing guidance and 
     technical assistance to States and local areas;
       (2) establish an interagency agreement with the Secretary 
     of Education for--
       (A) coordination of funding priorities, with other relevant 
     Federal agencies, as applicable;
       (B) dissemination and administration of grants and funding 
     under this subtitle; and
       (C) execution of research and evaluation activities to 
     minimize the duplication of efforts and job training 
     investments;
       (3) provide guidance to States and local areas on how to 
     make, and financial support to enable the States and local 
     areas to make, information on recognized postsecondary 
     credentials and related competencies being awarded for 
     activities carried out with funds under this subtitle 
     publicly available, searchable, and comparable as linked open 
     data;
       (4) not later than 30 days after the date of enactment of 
     this Act, issue guidance for implementing this subtitle in 
     accordance with the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3101 et seq.); and
       (5) provide not less than $1,000,000 for each fiscal year 
     for the Office of Inspector General of the Department of 
     Labor to oversee the administration and distribution of funds 
     under this subtitle.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $90,000,000 to carry out this section for 
     fiscal year 2021, to remain available through fiscal year 
     2025.

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

     SEC. 3201. DEFINITIONS AND PERKINS CTE REQUIREMENTS.

       (a) Perkins CTE Definitions and Requirements.--Except as 
     otherwise provided, in this subtitle--
       (1) the terms have the meanings given the terms in section 
     3 of the Carl D. Perkins Career and Technical Education Act 
     of 2006 (20 U.S.C. 2302); and
       (2) an allotment, allocation, or other provision of funds 
     made under this subtitle in accordance with a provision of 
     the Carl D. Perkins Career and Technical Education Act of 
     2006 (20 U.S.C. 2301 et seq.) shall be made in compliance 
     with the applicable requirements of such Act (20 U.S.C. 2301 
     et seq.).
       (b) Other Definitions.--In this subtitle:
       (1) Coronavirus.--The term ``coronavirus'' means 
     coronavirus as defined in section 506 of the Coronavirus 
     Preparedness and Response Supplemental Appropriations Act, 
     2020 (Public Law 116-123).
       (2) COVID-19 national emergency.--The term ``COVID-19 
     national emergency'' means the national emergency declared by 
     the President under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) on March 13, 2020, with respect to the 
     coronavirus.

     SEC. 3202. COVID-19 CAREER AND TECHNICAL EDUCATION RESPONSE 
                   FLEXIBILITY.

       (a) Pooling of Funds.--An eligible recipient may, in 
     accordance with section 135(c) of the Carl D. Perkins Career 
     and Technical Education Act of 2006 (20 U.S.C. 2355(c)), pool 
     a portion of funds received under such Act with a portion of 
     funds received under such Act available to one or more 
     eligible recipients to support the transition from secondary 
     education to postsecondary education or employment for CTE 
     participants whose academic year was interrupted by the 
     COVID-19 national emergency.
       (b) Professional Development.--During the COVID-19 national 
     emergency, section 3(40)(B) of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2302(40)(B)) shall 
     apply as if ``sustained (not stand-alone, 1-day, or short-
     term workshops), intensive, collaborative, job-embedded, 
     data-driven, and classroom-focused,'' were struck.

     SEC. 3203. PERKINS CAREER AND TECHNICAL EDUCATION.

       (a) Distribution of Funds.--
       (1) States.--From the amounts appropriated under subsection 
     (c), the Secretary shall make allotments to eligible agencies 
     in accordance with section 111(a)(3) of the Carl D. Perkins 
     Career and Technical Education Act of 2006 (20 U.S.C. 
     2321(a)(3)).
       (2) Local areas.--
       (A) In general.--Not later than 30 days after an eligible 
     agency receives an allotment under paragraph (1), the 
     eligible agency shall make available such funds in accordance 
     with section 112(a) of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2322(a)), 
     including making such funds available for distribution to 
     eligible recipients in accordance with sections 131 and 132 
     of such Act.
       (B) Reserved funds.--An eligible agency that reserves funds 
     in accordance with section 112(a)(1) of the Carl D. Perkins 
     Career and Technical Education Act of 2006 (20 U.S.C. 
     2322(a)) to be used in accordance with

[[Page S7730]]

     section 112(c) of such Act, may also use such reserved funds 
     for digital, physical, or technology infrastructure related 
     projects to improve career and technical education offerings 
     within the State.
       (b) Uses of Funds.--Each eligible agency and eligible 
     recipient shall use the funds received under this section to 
     carry out activities improving or expanding career and 
     technical education programs and programs of study to 
     adequately respond to State and local needs as a result of 
     the COVID-19 national emergency, including--
       (1) expanding and modernizing digital, physical, or 
     technology infrastructure to deliver in-person, online, 
     virtual, and simulated educational and work-based learning 
     experiences;
       (2) acquiring appropriate equipment, technology, supplies, 
     and instructional materials aligned with business and 
     industry needs, including machinery, testing equipment, 
     tools, hardware, software, and other new and emerging 
     instructional materials;
       (3) providing incentives to employers and CTE participants 
     facing economic hardships due to the COVID-19 national 
     emergency to participate in work-based learning programs;
       (4) expanding or adapting program offerings or supports 
     based on an updated comprehensive needs assessment to 
     systemically respond to employers' and CTE participants' 
     changing needs as a result of the COVID-19 national 
     emergency; or
       (5) providing for professional development and training 
     activities for career and technical education teachers, 
     faculty, school leaders, administrators, specialized 
     instructional support personnel, career guidance and academic 
     counselors, and paraprofessionals to support activities 
     carried out under this section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000,000 
     for fiscal year 2021, to remain available through fiscal year 
     2023.

     SEC. 3204. GENERAL PROVISIONS.

       (a) Supplement, Not Supplant.--Any Federal funds provided 
     under this subtitle shall be used only to supplement the 
     funds that would, in the absence of such Federal funds, be 
     made available from non-Federal sources for career and 
     technical education programs or other activities carried out 
     under the Carl D. Perkins Career and Technical Education Act 
     of 2006 (20 U.S.C. 2301 et seq.), and not to supplant such 
     funds.
       (b) Evaluations.--Any activity or program carried out with 
     funds received under this subtitle shall be subject to--
       (1) performance accountability indicators in accordance 
     with section 113 of the Carl D. Perkins Career and Technical 
     Education Act of 2006 (20 U.S.C. 2323); and
       (2) rigorous evaluation using research approaches 
     appropriate to the level of development and maturity of the 
     activity or program, including random assignment or quasi-
     experimental impact evaluations, implementation evaluations, 
     pre-experimental studies, and feasibility studies, including 
     studying job quality measures and credential transparency.
       (c) Uses of Funds.--From the funds appropriated under 
     subsection (d), the Secretary shall--
       (1) support the administration of the funds for this 
     subtitle and evaluation of such activities described in 
     subsection (b);
       (2) establish an interagency agreement with the Secretary 
     of Labor for--
       (A) coordinating funding priorities, including with other 
     relevant Federal agencies, including the Department of Health 
     and Human Services;
       (B) dissemination and administration of grants and funding 
     under this subtitle; and
       (C) execution of research and evaluation activities to 
     minimize the duplication of efforts and job training 
     investments and facilitate greater blending and braiding of 
     Federal and non-Federal funds;
       (3) not later than 30 days after the date of enactment of 
     this Act, issue guidance for implementing this subtitle in 
     accordance with the Carl D. Perkins Career and Technical 
     Education Act of 2006 (20 U.S.C. 2301 et seq.); and
       (4) provide not less than $250,000 for each fiscal year for 
     the Office of Inspector General of the Department of 
     Education to oversee the administration and distribution of 
     funds under this subtitle.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     fiscal year 2021, to remain available through fiscal year 
     2025.

                  Subtitle C--Pandemic TANF Assistance

     SEC. 3301. EMERGENCY FLEXIBILITY FOR STATE AND TRIBAL TANF 
                   PROGRAMS.

       (a) Suspension of Requirements and Penalties Relating to 
     the Time Limit for Assistance, Work, and Certain Other 
     Requirements.--
       (1) In general.--During the applicable period--
       (A) sections 407(a), 407(e)(1), and 408(a)(7)(A) of the 
     Social Security Act (42 U.S.C. 607(a), 607(e)(1), 
     608(a)(7)(A)) shall have no force or effect;
       (B) no penalty shall be imposed against an individual or 
     the individual's family with respect to section 407(e)(1) or 
     408(b)(3) of such Act (42 U.S.C. 607(e)(1), 608(b)(3));
       (C) a State shall not deny, reduce, or terminate assistance 
     to a family because an individual does not comply with such 
     section 407(e)(1) or does not otherwise engage in work 
     required by the State;
       (D) a State shall not deny, reduce, or terminate assistance 
     to an individual or the individual's family with respect to a 
     failure to cooperate with completing the assessment required 
     under section 408(b)(1) of such Act (42 U.S.C. 608(b)(1));
       (E) a State may defer a required assessment of the 
     employability of an individual under section 408(b) of such 
     Act (42 U.S.C. 608(b)) to 90 days following the end of the 
     applicable period;
       (F) no condition on assistance for an individual or the 
     individual's family shall be imposed in connection with 
     enforcing penalties described in section 409(a)(5) of such 
     Act (42 U.S.C. 609(a)(5));
       (G) no penalty shall be imposed against an individual or 
     the individual's family with respect to section 408(a)(2) of 
     such Act (42 U.S.C. 608(a)(2)); and
       (H) paragraphs (3), (5), (8), (9), (14), and (15) of 
     section 409(a) of such Act (42 U.S.C. 609(a)) shall not apply 
     with respect to any violation of a requirement described in 
     such a paragraph that occurs during or with respect to the 
     applicable period.
       (2) Tribal programs.--During the applicable period--
       (A) the minimum work participation requirements and time 
     limits established under section 412(c) of the Social 
     Security Act (42 U.S.C. 612(c)) shall have no force or 
     effect;
       (B) no penalty shall be imposed against an individual or 
     the individual's family with respect to a violation of such 
     requirements or limits;
       (C) no condition on assistance for an individual or the 
     individual's family shall be imposed in connection with 
     enforcing penalties described in section 409(a)(5) of such 
     Act (42 U.S.C. 609(a)(5)); and
       (D) the penalties established under such section 412(c) 
     shall not apply with respect to conduct engaged in during or 
     with respect to the applicable period.
       (b) Application to Program Enforcement Provisions.--
       (1) Waiver of certain penalties.--The Secretary shall not 
     impose a penalty against a State or Indian tribe under 
     paragraph (3), (5), (8), (9), (14), or (15) of section 409(a) 
     of such Act (42 U.S.C. 609(a)) with respect to any violation 
     of a requirement described in such a paragraph that occurs 
     during or with respect to the applicable period.
       (2) Corrective compliance plans.--If a State or Indian 
     tribe has a corrective compliance plan in effect during or 
     with respect to the applicable period that involves a 
     violation for which a penalty specified in paragraph (1) 
     would be imposed, the Secretary shall--
       (A) disregard the months occurring during the applicable 
     period (and any portion of such months) for purposes of 
     determining whether the State or Indian tribe has not, in a 
     timely manner, corrected or discontinued, as appropriate, the 
     violation pursuant to the corrective compliance plan accepted 
     by the Secretary; and
       (B) consult with the State or Indian tribe on modifications 
     to the corrective compliance plan for how the State will 
     correct or discontinue, as appropriate, the violation and how 
     the State will ensure compliance with the requirements of 
     part A of title IV of the Social Security Act (42 U.S.C. 601 
     et seq.) after the applicable period ends.
       (c) Penalty for Noncompliance.--
       (1) In general.--Subject to the succeeding provisions of 
     this subsection, if the Secretary finds that during or with 
     respect to the period that begins on the date of enactment of 
     this section and ends on the date specified in section 106(3) 
     of division A of the Continuing Appropriations Act, 2021, and 
     Other Extensions Act, a State or an Indian tribe has imposed 
     a penalty waived under subsection (a), including denying, 
     reducing, terminating, or conditioning assistance under a 
     program funded under part A of title IV of the Social 
     Security Act or any program funded with qualified State 
     expenditures (as defined in section 409(a)(7)(B)(i) of such 
     Act (42 U.S.C. 609(a)(7)(B)(i)), the Secretary shall reduce 
     the grant payable to the State under section 403(a)(1) of 
     such Act (42 U.S.C. 603(a)(1)) or the grant payable to the 
     tribe under section 412(a)(1) of such Act (42 U.S.C. 
     612(a)(1)) for fiscal year 2021 by an amount equal to 5 
     percent of the State or tribal family assistance grant (as 
     applicable).
       (2) Penalty based on severity of failure.--The Secretary 
     shall impose reductions under paragraph (1) with respect to 
     fiscal year 2021 based on the degree of noncompliance.
       (3) Application of aggregate penalty limit.--For purposes 
     of section 409(d) of the Social Security Act (42 U.S.C. 
     609(d)), paragraph (1) of this subsection shall be considered 
     to be included in section 409(a) of such Act.
       (d) Definitions.--In this section:
       (1) Applicable period.--The term ``applicable period'' 
     means the period that begins on October 1, 2019, and ends on 
     the date specified in section 106(3) of division A of the 
     Continuing Appropriations Act, 2021, and Other Extensions 
     Act.
       (2) Other terms.--Each other term has the meaning given the 
     term for purposes of part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.).

     SEC. 3302. CORONAVIRUS EMERGENCY ASSISTANCE GRANTS FOR LOW-
                   INCOME FAMILIES.

       Title VI of the Social Security Act (42 U.S.C. 801 et seq.) 
     is amended by adding at the end the following:

[[Page S7731]]

  


     ``SEC. 602. CORONAVIRUS EMERGENCY ASSISTANCE GRANTS FOR LOW-
                   INCOME FAMILIES.

       ``(a) In General.--Subject to the succeeding provisions of 
     this section, each emergency grant State shall be entitled to 
     receive from the Secretary a grant pursuant to this section 
     for fiscal year 2021 in the amount determined for the State 
     under subsection (b).
       ``(b) Amount of Grants.--
       ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
     the amount of the grant for an emergency grant State for the 
     period described in subsection (a) shall be the amount equal 
     to the product of--
       ``(A) the amount appropriated in paragraph (1) of 
     subsection (h) that remains after the application of 
     paragraph (2) of that subsection; and
       ``(B) the quotient of--
       ``(i) the number of individuals in families with income 
     below the poverty line in the State in the most recent year 
     for which data are available from the Bureau of the Census; 
     and
       ``(ii) the number of individuals in families with income 
     below the poverty line in all States (other than States 
     specified in subsection (h)(2)(A)) in such year.
       ``(2) Other states.--The amount of the grant for an 
     emergency grant State specified in subsection (h)(2)(A) shall 
     be based on such poverty data as the Secretary determines 
     appropriate.
       ``(3) Redistribution of unused funds.--The Secretary shall 
     redistribute, under a procedure and methodology the Secretary 
     determines appropriate, funds available for payments to 
     emergency grant States under this section for which, as of 
     July 30, 2021, States have not applied to be paid to other 
     emergency grant States that apply for payment from such 
     funds.
       ``(4) Inclusion of families of 1.--For purposes of 
     paragraphs (1), (2), and (3), in determining the number of 
     individuals in families with income below the poverty line in 
     a State, the Secretary shall take household composition into 
     account and shall treat a single individual as a family of 1, 
     without regard to whether the household of the individual is 
     composed of more than 1 family.
       ``(c) Use of Funds.--
       ``(1) In general.--An emergency grant State receiving a 
     grant under this section shall only use the grant funds for 
     the following:
       ``(A) To provide short-term cash, non-cash, or in-kind 
     emergency disaster relief (as appropriate) to--
       ``(i) help eligible families address and avoid emergencies 
     with respect to basic needs;
       ``(ii) prevent or remedy household emergencies of eligible 
     families, such as evictions, foreclosures, forfeitures, and 
     terminations of utility services; and
       ``(iii) help eligible families address and avoid 
     emergencies so that children may be cared for in their own 
     homes or in the homes of relatives.
       ``(B) To ensure the safety and well-being of all 
     individuals during the period of a Federal or State emergency 
     declaration concerning Coronavirus Disease 2019 (COVID-19), 
     by providing subsidized jobs for individuals who are members 
     of eligible families that can be performed remotely or are 
     deemed essential (with individuals provided proper personal 
     protective equipment and complying with Federal and State 
     social distancing guidelines).
       ``(C) To provide subsidized employment for individuals who 
     are members of eligible families after the period of a 
     Federal or State emergency declaration concerning Coronavirus 
     Disease 2019 (COVID-19) ends (when safe to do so, taking into 
     account the need to prevent the spread or reoccurrence of 
     coronavirus).
       ``(2) Nondisplacement.--An emergency grant State receiving 
     a grant under this section shall not use the grant funds to--
       ``(A) displace or replace an employee, position, or 
     volunteer, or to partially displace or replace an employee, 
     position or volunteer, such as through a reduction in hours, 
     wages, or employment benefits;
       ``(B) displace or replace an employee participating in a 
     strike, collective bargaining or union activities, or union 
     organizing; or
       ``(C) displace or replace an employee who was furloughed or 
     unable to work due to the public health emergency with 
     respect to the Coronavirus Disease 2019 (COVID-19) (including 
     due to illness, measures taken to avoid infection, or needing 
     to provide care for another individual).
       ``(3) Nondiscrimination.--An emergency grant State 
     receiving a grant under this section shall not employ any 
     policies or practices that have the effect of making any 
     eligible family less likely to receive assistance by reason 
     of race, sex, religious creed, national origin, or political 
     affiliation.
       ``(4) Protecting other benefits.--For purposes of any 
     Federal, State, or local law, including those for purposes of 
     public assistance programs and taxation, any benefit provided 
     under paragraph (1)(A) for an eligible family shall be 
     treated as short-term, non-cash, in-kind emergency disaster 
     relief without regard to the form in which the benefit is 
     provided and shall be disregarded from income.
       ``(d) State Letter of Intent.--
       ``(1) In general.--In order to receive a payment for a 
     fiscal year quarter from the grant determined for an 
     emergency grant State under this section, a State shall 
     submit a letter of intent to the Secretary, not later than 30 
     days before the first day of each such quarter (or, in the 
     case of a quarter that has started or will start within 30 
     days of the date of enactment of this section, a State shall 
     submit a letter of intent to the Secretary not later than 15 
     days after such date of enactment in order to receive an 
     emergency grant for that quarter) that--
       ``(A) specifies the amount of funds requested by the State 
     for a quarter;
       ``(B) describes how the State will use the funds to assist 
     eligible families during the quarter; and
       ``(C) describes how funds provided will not supplant any 
     existing expenditures or programs funded or administered by 
     the State.
       ``(2) Public availability.--The State shall make the letter 
     of intent submitted by the State under this subsection 
     available to the public.
       ``(3) No delay of payments; hold harmless.--
       ``(A) In general.--The Secretary shall make payments by the 
     applicable deadline under subsection (f)(2) to each State 
     that submits a letter of intent for a quarter by the 
     applicable deadline under paragraph (1), without regard to 
     whether the Secretary has issued the guidance required under 
     subsection (f)(1).
       ``(B) Hold harmless.--A State that uses funds paid to the 
     State for any quarter occurring prior to the issuance of the 
     guidance required under subsection (f)(1) consistent with the 
     letter of intent submitted by the State for the quarter and 
     the State's good faith interpretation of the requirements of 
     this section, shall not be penalized under subsection (f)(3) 
     or in any other manner if, after such guidance is issued, the 
     Secretary determines the State did not use the funds 
     consistent with such guidance.
       ``(e) Reports.--
       ``(1) State reports.-- Not later than January 1, 2022, each 
     emergency grant State shall submit a report to the Secretary 
     on how the State used the grant funds received by the State 
     in such form and manner, and containing such information, as 
     the Secretary shall require.
       ``(2) Report to congress.--Not later than September 30, 
     2022, the Secretary shall submit a report to Congress on the 
     grants made under this section based on the reports submitted 
     under paragraph (1).
       ``(f) Miscellaneous.--
       ``(1) Expedited implementation.--The Secretary shall 
     implement this section as quickly as reasonably possible, 
     pursuant to the issuance of appropriate guidance to States.
       ``(2) Timely distribution of grants.--
       ``(A) Initial payments.--Not later than 30 days after the 
     date of enactment of this section, the Secretary shall pay 
     each State that is an emergency grant State as of such date, 
     the grant payable to such State for the 1st quarter of fiscal 
     year 2021.
       ``(B) Subsequent payments.--The Secretary shall continue to 
     make payments not later than the first day of each quarter to 
     emergency grant States under this section for the 2d, 3rd, 
     and 4th quarters of fiscal year 2021.
       ``(3) Misuse of funds.--
       ``(A) In general.--If the Secretary determines that an 
     emergency grant State has used grant funds received by the 
     State in violation of the requirements of this section, the 
     State shall remit to the Secretary an amount equal to the 
     amount so used.
       ``(B) Application of appeal procedures.--Section 410 shall 
     apply to a determination by the Secretary under subparagraph 
     (A) in the same manner as such section applies to an 
     imposition of a penalty under section 409.
       ``(g) Definitions.--In this section:
       ``(1) Eligible families.--The term `eligible family' means 
     a family (including a family of one)--
       ``(A) whose monthly income, as of the date on which the 
     family applies for emergency disaster relief or subsidized 
     employment, does not exceed 200 percent of the poverty line 
     applicable to a family of the size involved (as determined 
     under section 673(2) of the Community Services Block Grant 
     Act (42 U.S.C. 9902(2)); and
       ``(B) that has been adversely affected by the public health 
     emergency with respect to the Coronavirus Disease 2019 
     (COVID-19) (including due to illness, economic disruption, 
     measures taken to avoid infection, or needing to provide care 
     for another individual).
       ``(2) Emergency grant state.--The term `emergency grant 
     State' means a State that submits a letter of intent 
     containing the information specified in subsection (d)(1) to 
     the Secretary with respect to a fiscal year quarter by the 
     submission deadline for such quarter.
       ``(3) State.--The term `State' has the meaning given that 
     term in section 419(5) and includes the Commonwealth of the 
     Northern Mariana Islands and Indian tribes as defined in 
     section 419(4).
       ``(h) Appropriation.--
       ``(1) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for fiscal year 2021, $10,000,000,000 for grants 
     under this section, to remain available until expended.
       ``(2) Reservation of funds.--
       ``(A) Certain territories.--The Secretary shall reserve 5 
     percent of the amount appropriated under paragraph (1) for 
     grants to Guam, American Samoa, the United States Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, 
     and Indian tribes (as defined in section 419(4)).
       ``(B) Technical assistance.--The Secretary shall reserve 
     $500,000 of the amount appropriated under paragraph (1) to 
     provide

[[Page S7732]]

     technical assistance to States and Indian tribes with respect 
     to the emergency grants made under this section.''.

             Subtitle D--Preventing Child Abuse and Neglect

     SEC. 3401. CAPTA INVESTMENTS.

       (a) Appropriations.--
       (1) In general.--There is appropriated to the Secretary of 
     Health and Human Services (referred to in this section as the 
     ``Secretary''), out of amounts in the Treasury not otherwise 
     appropriated, $500,000,000 for fiscal year 2021, for the 
     purpose of providing additional funding for the State grant 
     program under section 106 of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106a).
       (2) Allotments.--The Secretary shall make allotments out of 
     the amounts appropriated under paragraph (1) to each State 
     and territory receiving an allotment under section 106(f) of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106a(f)) for fiscal year 2020, in the same manner that 
     amounts appropriated under section 112 of such Act (42 U.S.C. 
     5106f)) are allotted to States in accordance with section 
     106(f)(2) of such Act.
       (3) Children, families, and child welfare workers' health 
     and safety.--The Secretary shall allow each State to use 
     amounts appropriated under paragraph (1) and allocated under 
     paragraph (2) to cover costs that the State determines 
     necessary to support child welfare workers in preventing, 
     investigating, and treating child abuse and neglect in 
     response to a qualifying emergency, including for the 
     purchase of personal protective equipment and sanitation 
     supplies, consistent with section 106 of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106a).
       (b) Child Abuse Prevention Appropriation.--
       (1) In general.--There is appropriated to the Secretary, 
     out of amounts in the Treasury not otherwise appropriated, 
     $1,000,000,000 for fiscal year 2020, for the purpose of 
     providing additional funding for the community-based grants 
     for the prevention of child abuse and neglect under title II 
     of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5116 et seq.).
       (2) Allotments.--The Secretary shall make allotments out of 
     the amounts appropriated under paragraph (1) to each State 
     receiving an allotment under section 203 of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5116b) for fiscal 
     year 2020, in the same manner that amounts appropriated under 
     section 209 of such Act (42 U.S.C. 5116i) are allotted to 
     States in accordance with section 203 of such Act, except 
     that, in allotting amounts under this subsection--
       (A) in subsection (a) of such section 203, ``1 percent'' 
     shall be deemed to be ``5 percent'';
       (B) in subsection (b)(1)(A) of such section 203, ``70 
     percent'' shall be deemed to be ``100 percent''; and
       (C) subsections (b)(1)(B) and (c) of such section 203 shall 
     not apply.
       (3) Community-based programs and activities health and 
     safety.--The Secretary shall allow each State lead entity to 
     use amounts appropriated under paragraph (1) and allocated to 
     the State under paragraph (2) to cover costs that the lead 
     entity determines necessary to maintain the operation of 
     community-based and prevention-focused programs and 
     activities in the State in response to a qualifying 
     emergency, including for the purchase of personal protective 
     equipment and sanitation supplies, consistent with title II 
     of Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 
     et seq.).
       (4) No state matching requirement.--Notwithstanding section 
     204(4) of the Child Abuse Prevention and Treatment Act (42 
     U.S.C. 5116d(4)), a State shall not be required to provide 
     any additional funding for the program under title II of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et 
     seq.) as a condition for receiving an allocation under 
     paragraph (2).
       (c) In General.--Any amount appropriated or made available 
     under this section is in addition to other amounts 
     appropriated or made available for the applicable purpose, 
     and shall remain available until expended.

                 Subtitle E--Modernizing Child Support

     SEC. 3501. SHORT TITLE; DEFINITION.

       (a) Short Title.--This subtitle may be cited as the 
     ``Strengthening Families for Success Act of 2020''.
       (b) Secretary Defined.--In this subtitle, the term 
     ``Secretary'' means the Secretary of Health and Human 
     Services.

   CHAPTER 1--PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING LOW-
                            INCOME FAMILIES

     SEC. 3511. REAUTHORIZATION OF HEALTHY MARRIAGE PROMOTION AND 
                   RESPONSIBLE FATHERHOOD GRANTS.

       (a) Voluntary Participation.--
       (1) Assurance.--Section 403(a)(2)(A)(ii)(II) of the Social 
     Security Act (42 U.S.C. 603(a)(2)(A)(ii)(II)) is amended--
       (A) in item (aa), by striking ``and'' after the semicolon;
       (B) in item (bb), by striking the period and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(cc) if the entity is a State or an Indian tribe or 
     tribal organization, to not condition the receipt of 
     assistance under the program funded under this part, under a 
     program funded with qualified State expenditures (as defined 
     in section 409(a)(7)(B)(i)), or under a program funded under 
     part B or E of this title, on enrollment or participation in 
     any such programs; and
       ``(dd) to permit any participant in a program or activity 
     funded under this paragraph, including an individual whose 
     participation is specified in the individual responsibility 
     plan developed for the individual in accordance with section 
     408(b), to transfer to another such program or activity upon 
     notification to the entity and the State agency responsible 
     for administering the State program funded under this 
     part.''.
       (2) Prohibition.--Section 408(a) of such Act (42 U.S.C. 
     608(a)) is amended by adding at the end the following:
       ``(13) Ban on conditioning receipt of tanf or certain other 
     benefits on participation in a healthy marriage or 
     responsible fatherhood program.--A State to which a grant is 
     made under section 403 shall not condition the receipt of 
     assistance under the State program funded under this part, 
     under a program funded with qualified State expenditures (as 
     defined in section 409(a)(7)(B)(i)), or under a program 
     funded under part B or E of this title, on participation in a 
     healthy marriage promotion activity (as defined in section 
     403(a)(2)(A)(iii)) or in an activity promoting responsible 
     fatherhood (as defined in section 403(a)(2)(C)(ii)).''.
       (3) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) 
     is amended by adding at the end the following:
       ``(17) Penalty for conditioning receipt of tanf or certain 
     other benefits on participation in a healthy marriage or 
     responsible fatherhood program.--If the Secretary determines 
     that a State has violated section 408(a)(13) during a fiscal 
     year, the Secretary shall reduce the grant payable to the 
     State under section 403(a)(1) for the immediately succeeding 
     fiscal year by an amount equal to 5 percent of the State 
     family assistance grant.''.
       (b) Alignment of Entities Eligible for Grants and Technical 
     Assistance.--Section 403(a)(2) of such Act (42 U.S.C. 
     603(a)(2)) is further amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by inserting ``territories,'' after 
     ``States,''; and
       (B) by adding at the end the following:
       ``(iv) Eligible entities.--States, territories, Indian 
     tribes and tribal organizations, public or private entities, 
     and nonprofit community entities, including religious 
     organizations, are eligible to be awarded funds made 
     available under this paragraph for the purpose of carrying 
     out healthy marriage promotion activities, for the purpose of 
     carrying out activities promoting responsible fatherhood, or 
     for both such purposes.
       ``(v) Territory defined.--For purposes of awarding funds 
     under this paragraph, the term `territory' means the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.''; and
       (2) in subparagraph (C)(i), by striking ``and public'' and 
     inserting ``public or private entities,''.
       (c) Territory and Tribal Set-aside; Elimination of 
     Preference Provision.--Section 403(a)(2)(E) of such Act (42 
     U.S.C. 603(a)(2)(E)) is amended to read as follows:
       ``(E) Funding for territories and indian tribes and tribal 
     organizations.--
       ``(i) In general.--Of the amounts made available under 
     subparagraph (D) for a fiscal year, not less than 10 of the 
     awards made by the Secretary of such funds for fiscal year 
     2021 or any fiscal year thereafter for the purpose of 
     carrying out healthy marriage promotion activities, 
     activities promoting responsible fatherhood, or both, 
     (excluding any award under subparagraph (B)(i) for any fiscal 
     year), shall be made to a territory or an Indian tribe or 
     tribal organization.
       ``(ii) Clarification of eligibility of tribal 
     consortiums.--A tribal consortium of Indian tribes or tribal 
     organizations may be awarded funds under this paragraph for 
     the purpose of carrying out healthy marriage promotion 
     activities, activities promoting responsible fatherhood, or 
     both.''.
       (d) Activities Promoting Responsible Fatherhood.--Section 
     403(a)(2)(C)(ii) of such Act (42 U.S.C. 603(a)(2)(C)(ii)) is 
     amended--
       (1) in subclause (I), by striking ``marriage or sustain 
     marriage'' and inserting ``healthy relationships and 
     marriages or to sustain healthy relationships or marriages'';
       (2) in subclause (II), by inserting ``educating youth who 
     are not yet parents about the economic, social, and family 
     consequences of early parenting, helping participants in 
     fatherhood programs work with their own children to break the 
     cycle of early parenthood,'' after ``child support 
     payments,''; and
       (3) in subclause (III)--
       (A) by striking ``fathers'' and inserting ``parents (with 
     priority for low-income noncustodial parents)''; and
       (B) by inserting ``employment training for both parents and 
     for other family members,'' after ``referrals to local 
     employment training initiatives,''.
       (e) Ensuring Healthy Marriage Promotion and Responsible 
     Fatherhood Activities Can Be Offered During Public Health 
     Emergencies.--
       (1) In general.--Section 403(a)(2)(A)(ii)(I) of such Act 
     (42 U.S.C. 603(a)(2)(A)(ii)(I)) is amended--
       (A) in each of items (aa) and (bb), by striking ``and'' 
     after the semicolon; and
       (B) by adding at the end the following:
       ``(cc) how, and the extent to which, funds awarded will be 
     used by the entity for technology and access to broadband in 
     order to

[[Page S7733]]

     carry out healthy marriage promotion activities, activities 
     promoting responsible fatherhood, or both, remotely during a 
     public health emergency; and
       ``(dd) how the entity will sustain continuity of critical 
     services, specifying the scope of the critical services to be 
     maintained, and the ability of the entity to be able to 
     resume providing such services within 3 weeks of the 
     beginning of a public health emergency or other incident that 
     compromises the ability of the entity to deliver such 
     services in-person, by telephone, or virtually; and''.
       (2) Public health emergency defined.--Section 403(a)(2)(A) 
     of such Act (42 U.S.C. 603(a)(2)(A)) is further amended--
       (A) by redesignating clauses (iv) and (v) (as added by 
     subsection (b)(1)) as clauses (v) and (vi), respectively; and
       (B) by inserting after clause (iii) the following:
       ``(iv) Public health emergency defined.--In clause (ii), 
     the term `public health emergency' means--

       ``(I) a national or public health emergency declared by the 
     President or the Secretary, including--

       ``(aa) a major disaster relating to public health declared 
     by the President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170);
       ``(bb) an emergency relating to public health declared by 
     the President under section 501 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5191); or
       ``(cc) a public health emergency declared by the Secretary 
     under section 319 of the Public Health Service Act (42 U.S.C. 
     247d); or

       ``(II) an emergency relating to public health that has been 
     declared by a Governor or other appropriate official of any 
     State, the District of Columbia, or commonwealth, territory, 
     or locality of the United States.''.

       (f) Measuring Outcomes for Eligible Families.--Section 
     403(a)(2) of such Act (42 U.S.C. 603(a)(2)), as amended by 
     the preceding subsections of this section, is further 
     amended--
       (1) in subparagraph (A)--
       (A) in clause (ii)--
       (i) in subclause (I)(dd), by striking ``and'' after the 
     semicolon;
       (ii) in subclause (II)--

       (I) in item (cc), by striking ``and'' after the semicolon;
       (II) in item (dd), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(ee) to submit the report required under clause (vi); 
     and''; and
       (iii) by adding at the end the following:

       ``(III) provides, subject to the approval of the Secretary, 
     for evaluations of the activities carried out using each 
     grant made under this paragraph that satisfy the requirements 
     of subparagraph (F).''; and

       (B) by adding at the end the following:
       ``(vii) Requirements relating to outcomes for measuring 
     improvements.--

       ``(I) Report on improvements after 3 years.--Not later than 
     30 days after the end of the 3rd year in which an eligible 
     entity conducts programs or activities with funds made 
     available under this paragraph, the entity shall submit a 
     report to the Secretary demonstrating the extent to which the 
     programs and activities carried out with such funds made 
     quantifiable, measurable improvements in the areas identified 
     in the entity's application in accordance with clause 
     (ii)(III).
       ``(II) Technical assistance.--The Secretary shall provide 
     technical assistance to help the eligible entity develop and 
     implement ways to evaluate and improve outcomes for eligible 
     families. The Secretary may provide the technical assistance 
     directly or through grants, contracts, or cooperative 
     agreements.
       ``(III) Advisory panel.--The Secretary shall establish an 
     advisory panel for purposes of obtaining recommendations 
     regarding the technical assistance provided to entities in 
     accordance with subclause (II).
       ``(IV) Final report.--Not later than December 31 of the 
     first calendar year that begins after October 1 of the 5th 
     consecutive fiscal year for which an eligible entity conducts 
     programs or activities with funds made available under this 
     paragraph, and every 5th such fiscal year thereafter 
     (beginning with funds awarded for fiscal year 2021), the 
     eligible entity shall submit a report to the Secretary 
     demonstrating the extent to which the programs and activities 
     carried out with such funds made quantifiable, measurable 
     improvements in the areas identified in the entity's 
     application for funding for such 5 fiscal years.
       ``(V) Report to congress.--Not later than March 31, 2026, 
     and annually thereafter, the Secretary shall submit a report 
     to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate on 
     the programs and activities carried out with funds made 
     available under this paragraph based on the most recent final 
     reports submitted under subclause (IV). Each report submitted 
     under this subclause shall identify the programs and 
     activities carried out with funds made available under this 
     paragraph which made quantifiable, measurable improvements 
     and in which outcome areas.''; and

       (2) by adding at the end the following new subparagraph:
       ``(F) Evaluation requirements.--
       ``(i) In general.--For purposes of subparagraph 
     (A)(ii)(III), an evaluation satisfies the requirements of 
     this subparagraph if--

       ``(I) the evaluation is designed to--

       ``(aa) build evidence of the effectiveness of the 
     activities carried out using each grant made under this 
     paragraph;
       ``(bb) determine the lessons learned (including barriers to 
     success) from such activities; and
       ``(cc) to the extent practicable, help build local 
     evaluation capacity, including the capacity to use evaluation 
     data to inform continuous program improvement; and

       ``(II) the evaluation includes research designs that 
     encourage innovation and reflect the nature of the activities 
     undertaken, successful implementation efforts, and the needs 
     of the communities, without prioritizing efficacy research 
     over effectiveness research.

       ``(ii) Randomized controlled trials.--An evaluation 
     conducted in accordance with subparagraph (A)(ii)(III) and 
     this subparagraph may, but shall not be required to, include 
     a randomized controlled trial.
       ``(iii) Outcomes.--Outcomes of interest for an evaluation 
     conducted in accordance with subparagraph (A)(ii)(III) and 
     this subparagraph shall include, but are not limited to, the 
     following:

       ``(I) Relationship quality between custodial and non-
     custodial parents.
       ``(II) Family economic wellbeing, including receipt of 
     public benefits and access to employment services and 
     education.
       ``(III) Payment of child support by non-custodial parents, 
     non-financial contributions, and involvement in child-related 
     activities.
       ``(IV) Parenting skills or parenting quality.
       ``(V) Health and mental health outcomes of parents.
       ``(VI) Quality and frequency of contact between children 
     and non-custodial parents.
       ``(VII) Reduction in crime or domestic violence.
       ``(VIII) Prevention of child injuries, child abuse, 
     neglect, or maltreatment, and reduction of emergency 
     department visits.
       ``(IX) Coordination and referrals for other community 
     resources and supports.''.

       (g) Authority for Substitution Grantees.--Section 
     403(a)(2)(A) of such Act (42 U.S.C. 603(a)(2)(A)), as amended 
     by subsections (b)(1), (e)(2), and (f)(2), is further 
     amended--
       (1) in clause (ii), in the matter preceding subclause (I), 
     by striking ``The Secretary'' and inserting ``Except as 
     provided in clause (viii), the Secretary''; and
       (2) by adding at the end the following:
       ``(viii) Authority for substitute entities.--If, after 
     being awarded funds under this paragraph for a fiscal year 
     for the purpose of carrying out healthy marriage promotion 
     activities, activities promoting responsible fatherhood, or 
     both, an entity becomes unable to continue to carry out such 
     activities for the duration of the award period, the 
     Secretary may select another entity to carry out such 
     activities with the funds from the initial award that remain 
     available for obligation, for the remainder of the initial 
     award period. The Secretary shall make any such selection 
     from among applications submitted by other entities for 
     funding to carry out the same activities as the activities 
     for which the initial award was made, and may base the 
     criteria for making such a selection on the objectives 
     specified in the announcement of the opportunity to apply for 
     the initial award funds.''.
       (h) Reauthorization.--Section 403(a)(2)(D) of such Act (42 
     U.S.C. 603(a)(2)(D)) is amended to read as follows:
       ``(D) Appropriation.--
       ``(i) In general.--Subject to clauses (ii) and (iii), out 
     of any money in the Treasury of the United States not 
     otherwise appropriated, there are appropriated for each of 
     fiscal years 2021 through and 2025 for expenditure in 
     accordance with this paragraph--

       ``(I) $75,000,000 for awarding funds for the purpose of 
     carrying out healthy marriage promotion activities; and
       ``(II) $75,000,000 for awarding funds for the purpose of 
     carrying out activities promoting responsible fatherhood.

       ``(ii) Demonstration projects for coordination of provision 
     of child welfare and tanf services to tribal families at risk 
     of child abuse or neglect.--If the Secretary makes an award 
     under subparagraph (B)(i) for any fiscal year, the funds for 
     such award shall be taken in equal portion from the amounts 
     appropriated under subclauses (I) and (II) of clause (i).
       ``(iii) Research; technical assistance.--The Secretary may 
     use 0.5 percent of the amounts appropriated under each of 
     subclauses (I) and (II) of clause (i), respectively, for the 
     purpose of conducting and supporting research and 
     demonstration projects by public or private entities, and 
     providing technical assistance to States, Indian tribes and 
     tribal organizations, and such other entities as the 
     Secretary may specify that are receiving a grant under 
     another provision of this part.''.

    CHAPTER 2--IMPROVING RESOURCES FOR DOMESTIC VIOLENCE AND FAMILY 
                             STRENGTHENING

     SEC. 3521. BEST PRACTICES FOR COORDINATION OF POLICY TO 
                   ADDRESS DOMESTIC VIOLENCE AND FAMILY 
                   ENGAGEMENT.

       The Secretary shall develop a coordinated policy to address 
     domestic violence and family strengthening that--

[[Page S7734]]

       (1) establishes criteria and best practices for 
     coordination and partnership between domestic violence 
     shelter and service organizations and responsible fatherhood 
     and healthy marriage promotion programs;
       (2) not later than 120 days after the date of enactment of 
     this Act, issue guidance containing such criteria and best 
     practices; and
       (3) update and reissue such criteria and best practices at 
     least once every 5 years.

     SEC. 3522. GRANTS SUPPORTING HEALTHY FAMILY PARTNERSHIPS FOR 
                   DOMESTIC VIOLENCE INTERVENTION AND PREVENTION.

       Section 403(a) of the Social Security Act (42 U.S.C. 
     603(a)) is amended by adding at the end the following new 
     paragraph:
       ``(6) Grants supporting healthy family partnerships for 
     domestic violence intervention and prevention.--
       ``(A) In general.--The Secretary shall award grants on a 
     competitive basis to healthy family partnerships to build 
     capacity for, and facilitate such partnerships.
       ``(B) Use of funds.--Funds made available under a grant 
     awarded under this paragraph may be used for staff training, 
     the provision of domestic violence intervention and 
     prevention services, and the dissemination of best practices 
     for--
       ``(i) assessing and providing services to individuals and 
     families affected by domestic violence, including through 
     caseworker training, the provision of technical assistance to 
     other community partners, the implementation of safe 
     visitation and exchange programs, and the implementation of 
     safe child support procedures; or
       ``(ii) preventing domestic violence, particularly as a 
     barrier to economic security, and fostering healthy 
     relationships.
       ``(C) Application.--The respective entity and organization 
     of a healthy family partnership entered into for purposes of 
     receiving a grant under this paragraph shall submit a joint 
     application to the Secretary, at such time and in such manner 
     as the Secretary shall specify, containing--
       ``(i) a description of how the partnership intends to carry 
     out the activities described in subparagraph (B), including a 
     detailed plan for how the entity and organization comprising 
     the partnership will collaborate;
       ``(ii) an assurance that funds made available under the 
     grant shall be used to supplement, and not supplant, other 
     funds used by the entity or organization to carry out 
     programs, activities, or services described in subparagraph 
     (B); and
       ``(iii) such other information as the Secretary may 
     require.
       ``(D) General rules governing use of funds.--Neither the 
     rules of section 404 (other than subsection (b) of that 
     section), nor section 417 shall apply to a grant made under 
     this paragraph.
       ``(E) Definitions.--In this paragraph:
       ``(i) Domestic violence.--The term `domestic violence' 
     means violence between intimate partners, which involves any 
     form of physical violence, sexual violence, stalking, or 
     psychological aggression, by a current or former intimate 
     partner.
       ``(ii) Healthy family partnership.--The term `healthy 
     family partnership' means a partnership between--

       ``(I) an entity receiving funds under--

       ``(aa) a grant made under paragraph (2) to promote healthy 
     marriage or responsible fatherhood; or
       ``(bb) the pilot program established under section 469C; 
     and

       ``(II) a domestic violence shelter and service 
     organization.

       ``(F) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated for each of fiscal years 2022 through 2025, 
     $25,000,000 to carry out this paragraph.''.

     SEC. 3523. PROCEDURES TO ADDRESS DOMESTIC VIOLENCE.

       (a) In General.--Section 403(a)(2) of the Social Security 
     Act (42 U.S.C. 603(a)(2)), as amended by subsections (c) and 
     (h) of section 3511, is amended--
       (1) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (C) the following:
       ``(D) Requirements for receipt of funds.--An entity may not 
     be awarded a grant under this paragraph unless the entity, as 
     a condition of receiving funds under such a grant--
       ``(i) agrees to coordinate with the State domestic violence 
     coalition (as defined in section 302(11) of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10402(11));
       ``(ii) identifies in its application for the grant the 
     domestic violence shelter and service organization at the 
     local, State, or national level with whom the entity will 
     partner with respect to the development and implementation of 
     the programs and activities of the entity;
       ``(iii) describes in such application how the programs or 
     activities proposed in the application will address, as 
     appropriate, issues of domestic violence, and contains a 
     commitment by the entity to consult with experts in domestic 
     violence or relevant domestic violence shelter and service 
     organizations in the community in developing the programs and 
     activities;
       ``(iv) describes in such application the roles and 
     responsibilities of the entity and the domestic violence 
     shelter and service organization, including with respect to 
     training, cross-trainings for each entity, development of 
     protocols using comprehensive and evidence-based practices 
     and tools, and reporting, and the resources that each partner 
     will be responsible for bringing to the program;
       ``(v) on award of the grant, and in consultation with the 
     domestic violence shelter and service organization, develops 
     and submits to the Secretary for approval, a written protocol 
     using comprehensive and evidence-based practices and tools 
     which describes--

       ``(I) how the entity will identify instances or risks of 
     domestic violence among participants in the program and their 
     families;
       ``(II) the procedures for responding to such instances or 
     risks, including making service referrals, assisting with 
     safety planning, and providing protections and other 
     appropriate assistance for identified individuals and 
     families;
       ``(III) how confidentiality issues will be addressed; and
       ``(IV) the training on domestic violence that will be 
     provided to ensure effective and consistent implementation of 
     the protocol;

       ``(vi) describes the entity's plan to build the capacity of 
     program staff and other partners to address and communicate 
     with parents about domestic violence;
       ``(vii) provides an assurance that the program staff will 
     include a domestic violence coordinator to serve as the lead 
     staff person on domestic violence for the entity (which may 
     be funded with funds made available under the grant); and
       ``(viii) in an annual report to the Secretary, includes a 
     description of the domestic violence protocols, and a 
     description of any implementation issues identified with 
     respect to domestic violence and how the issues were 
     addressed.
       ``(E) Domestic violence defined.--In this paragraph, the 
     term `domestic violence' means violence between intimate 
     partners, which involves any form of physical violence, 
     sexual violence, stalking, or psychological aggression, by a 
     current or former intimate partner.''.
       (b) Conforming Amendments.--Section 403(a)(2) of such Act 
     (42 U.S.C. 603(a)(2)), is further amended--
       (1) in subparagraph (A)(i)--
       (A) by striking ``and (E)'' and inserting ``(D), and (G)''; 
     and
       (B) by striking ``(D)'' and inserting ``(F)''; and
       (2) in subparagraphs (B)(i) and (C)(i), by striking ``(D)'' 
     each place it appears and inserting ``(F)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2021.

         CHAPTER 3--MODERNIZATION OF CHILD SUPPORT ENFORCEMENT

     SEC. 3531. PILOT PROGRAM TO STAY AUTOMATIC CHILD SUPPORT 
                   ENFORCEMENT AGAINST NON-CUSTODIAL PARENTS 
                   PARTICIPATING IN A HEALTHY MARRIAGE OR 
                   RESPONSIBLE FATHERHOOD PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a pilot 
     program to test whether the impact of staying automatic child 
     support enforcement and cost recovery efforts improves family 
     outcomes in cases under the State program funded under part A 
     of title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.) while a non-custodial parent participates in a healthy 
     marriage or responsible fatherhood program carried out under 
     section 403(a)(2) of the Social Security Act (42 U.S.C. 
     603(a)(2)), under a program funded with qualified State 
     expenditures (as defined in section 409(a)(7)(B)(i) of such 
     Act (42 U.S.C. 609(a)(7)(B)(i))), or under any other program 
     funded with non-Federal funds. While a child's non-custodial 
     parent is participating in a healthy marriage or responsible 
     fatherhood program that is part of the pilot program 
     established under this section, an eligible entity 
     participating in the pilot program--
       (A) shall not apply paragraph (3) of section 408(a) of the 
     Social Security Act (42 U.S.C. 608(a)) to a family of a child 
     receiving assistance under the State program funded under 
     part A of title IV of such Act (42 U.S.C. 601 et seq.);
       (B) shall not refer the child's case to the State program 
     funded under part D of title IV of the Social Security Act 
     (42 U.S.C. 651 et seq.) or apply a penalty against the 
     child's family based on the custodial parent's noncooperation 
     with child support activities with respect to the child under 
     paragraph (2) of section 408(a) of such Act (42 U.S.C. 
     608(a)), but shall provide an exception to the custodial 
     parent pursuant to section 454(29)(A) of such Act (42 U.S.C. 
     654(29)(A));
       (C) shall not be subject to penalties under section 
     409(a)(5) of such Act (42 U.S.C. 609(a)(5));
       (D) notwithstanding subparagraph (B), any such individual 
     shall retain the right to apply for child support services 
     under section 454(4)(A)(ii) of the Social Security Act (42 
     U.S.C. 654(4)(A)(ii)) with respect to a child of the 
     individual;
       (E) if the child has an open child support case with the 
     State agency responsible for administering the State plan 
     under part D of title IV of the Social Security Act (42 
     U.S.C. 651 et seq.), such State agency, shall suspend any 
     activity to establish or enforce a support order with respect 
     to the child (other than to establish the paternity of the 
     child), and monthly child support obligations shall be 
     suspended and shall not accrue, but only if both parents of 
     the child agree in writing to the suspension; and

[[Page S7735]]

       (F) if child support activities are suspended in a case by 
     agreement of both parents in accordance with subparagraph 
     (E)), may exclude the case in determining applicable 
     percentages based on State performance levels under section 
     458 of the Social Security Act (42 U.S.C. 658a), and the 
     Secretary shall disregard the case in determining whether the 
     State data submitted to the Secretary are complete and 
     reliable for purposes of that section and section 452 of such 
     Act (42 U.S.C. 652).
       (2) Eligible entity.--In this section, the term ``eligible 
     entity'' means--
       (A) a State;
       (B) a unit of local government; or
       (C) an Indian tribe or tribal organization (as defined in 
     subsections (e) and (l) of section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304)) 
     that receives direct payments from the Secretary under 
     section 455(f) of the Social Security Act (42 U.S.C. 655(f)) 
     or has entered into a cooperative agreement with a State 
     under section 454(33) of such Act (42 U.S.C. 654(33)).
       (3) Application, selection of eligible entities.--
       (A) Application.--
       (i) In general.--To participate in the pilot program, an 
     eligible entity shall submit an application to the Secretary 
     at such time and in such manner as the Secretary may require.
       (ii) Required information.--An application to participate 
     in the pilot program shall include--

       (I) an outline of the healthy marriage or responsible 
     fatherhood programs that the eligible entity will partner 
     with for the purposes of participating in the pilot program, 
     including a description of each the eligibility and 
     participation criteria for each such program;
       (II) the goals, strategies, and desired outcomes of the 
     eligible entity's proposed participation in the pilot 
     program; and
       (III) such other information as the Secretary shall 
     require.

       (B) Selection of eligible entities.--Not later than 
     September 30, 2021, the Secretary shall select at least 10 
     eligible entities to participate in the pilot program.
       (4) Duration of pilot program.--The Secretary shall conduct 
     the pilot program during the 4-year period that begins with 
     fiscal year 2022 and ends with fiscal year 2025.
       (5) Data collection and reporting.--Throughout the pilot 
     period, an eligible entity participating in the pilot program 
     shall collect and report to the Secretary such data related 
     to the entity's participation in the pilot program as the 
     Secretary shall require.
       (b) GAO Report.--
       (1) Study.--The Comptroller General of the United States 
     shall study the implementation and impact of the pilot 
     program established under subsection (a).
       (2) Report.--Not later than January 1, 2026, the 
     Comptroller General shall submit a report to Congress on the 
     results of the study required under paragraph (1) that 
     includes information on the following:
       (A) How State agencies responsible for administering the 
     State program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.) and the State agency 
     responsible for administering the State plan under part D of 
     title IV of such Act (42 U.S.C. 651 et seq.) designate 
     healthy marriage or responsible fatherhood programs as 
     eligible programs for purposes of the pilot program and what 
     types of organizations have programs so designated, including 
     whether such programs are funded under a grant made under 
     section 403(a)(2) of such Act (42 U.S.C. 603(a)(2)), under a 
     program funded with qualified State expenditures (as defined 
     in section 409(a)(7)(B)(i)) of such Act (42 U.S.C. 
     609(a)(7)(B)(i))), or under any other program funded with 
     non-Federal funds.
       (B) The types of activities and services designated 
     programs provide, including the extent to which any such 
     activities and services are intended for domestic violence 
     victims and survivors.
       (C) An assessment of how the designated programs compare to 
     other entities receiving a grant under section 403(a)(2) of 
     such Act (42 U.S.C. 603(a)(2)), under a program funded with 
     qualified State expenditures (as defined in section 
     409(a)(7)(B)(i)) of such Act (42 U.S.C. 609(a)(7)(B)(i))), or 
     under any other program funded with non-Federal funds, with 
     respect to the information described in subparagraphs (A) and 
     (B).
       (D) Recommendations for such administrative or legislative 
     action as the Comptroller General determines appropriate.

     SEC. 3532. CLOSURE OF CERTAIN CHILD SUPPORT ENFORCEMENT 
                   CASES.

       Section 454(4)(A) of the Social Security Act (42 U.S.C. 
     654(4)(A)) is amended--
       (1) by striking clause (i) and inserting the following:
       ``(i) a child living apart from 1 or both parents for whom 
     (I) assistance is provided under the State program funded 
     under part A of this title, (II) benefits or services for 
     foster care maintenance are provided under the State program 
     funded under part E of this title, (III) medical assistance 
     is provided under the State plan approved under title XIX, or 
     (IV) cooperation is required pursuant to section 6(l)(1) of 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2015(l)(1)) 
     unless, in accordance with paragraph (29), good cause or 
     other exceptions exist, or in the event that the State agency 
     becomes aware after opening a child support case upon 
     referral from another program that both parents of the child 
     comprise an intact 2-parent household (even if a parent is 
     temporarily living elsewhere), and neither parent has applied 
     for child support services under clause (ii), in which case 
     the State agency shall notify the referring program and each 
     parent that the case will be closed within 60 days of the 
     date of such notice unless either parent contacts the State 
     agency and requests that the case remain open; and''; and
       (2) in clause (ii), by inserting ``living apart from 1 or 
     both parents'' after ``any other child''.

            CHAPTER 4--PARENTING TIME SERVICES PILOT PROGRAM

     SEC. 3541. PARENTING TIME SERVICES PILOT PROGRAM.

       Part D of title IV of the Social Security Act (42 U.S.C. 
     651 et seq.) is amended by adding at the end the following:

     ``SEC. 469C. PARENTING TIME SERVICES PILOT PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--Not later than June 30, 2021, the 
     Secretary shall establish a pilot program (referred to in 
     this section as the `pilot program') to provide payments to 
     State, local, and tribal agencies responsible for 
     administering the program under this part (referred to in 
     this section as `eligible entities') for carrying out the 
     activities described in subsection (d) for the purpose of 
     promoting the inclusion of uncontested parenting time 
     agreements in child support orders. Expenditures for 
     activities carried out by a State, local, or tribal agency 
     participating in the pilot program shall be treated as 
     expenditures authorized under the State or tribal plan 
     approved under this part, without regard to whether such 
     expenditures would otherwise be a permissible use of funds 
     under such plan.
       ``(2) No budget neutrality required.--No budget neutrality 
     requirement shall apply to the pilot program.
       ``(b) Application, Selection of Eligible Entities, and 
     Duration.--
       ``(1) Application.--
       ``(A) In general.--To participate in the pilot program, an 
     eligible entity shall submit an application to the Secretary 
     at such time and in such manner as the Secretary may require.
       ``(B) Required information.--An application to participate 
     in the pilot program shall include the following:
       ``(i) The identity of the courts or judicial or 
     administrative agencies with which the eligible entity will 
     coordinate activities carried out under the pilot program.
       ``(ii) The identity of the local, State, or national level 
     domestic violence shelter and service organization with which 
     the eligible entity will partner with to develop and 
     implement the procedures to address domestic violence 
     required under subsection (d).
       ``(iii) A description of the role and responsibilities of 
     each of such partner with respect to developing and 
     implementing the procedures required under subsection (d), 
     and of the resources that each partner will contribute to 
     developing and implementing such procedures.
       ``(iv) Such other information as the Secretary shall 
     require.
       ``(2) Selection of eligible entities.--Not later than 
     September 30, 2021, the Secretary shall select at least 12 
     eligible entities to participate in the pilot program, at 
     least 2 of which shall be tribal agencies described in 
     subsection (b).
       ``(3) Duration of pilot program.--The Secretary shall 
     conduct the pilot program during the 5-year period that 
     begins with fiscal year 2022 and ends with fiscal year 2026.
       ``(c) Authorized Activities.--An eligible entity 
     participating in the pilot program shall carry out the 
     following activities:
       ``(1) Establishing parent time plans in conjunction with 
     the establishment of a child support order.
       ``(2) Coordinating with the custodial and non-custodial 
     parent when establishing a parent time plan.
       ``(3) Supervising and facilitating parents' visitation and 
     access to their children, including virtual visitation in 
     situations where in-person visitation is not practicable.
       ``(4) Providing parents with legal information and 
     referrals related to parenting time.
       ``(5) Coordinating with domestic violence shelter and 
     service organizations.
       ``(6) Employing a staff member to serve as a domestic 
     violence coordinator.
       ``(7) Such other activities related to promoting the 
     inclusion of uncontested parenting time agreements in child 
     support orders as the Secretary may approve.
       ``(d) Program Requirements.--As a condition of receiving 
     payments under the pilot program, an eligible entity shall 
     meet the following requirements:
       ``(1) Procedures to address domestic violence.--Not later 
     than 3 months after the eligible entity is selected to 
     participate in the pilot program, the eligible entity, in 
     consultation with the State domestic violence coalition (as 
     defined in section 302(11) of the Family Violence Prevention 
     and Services Act (42 U.S.C. 10402(11)) and the domestic 
     violence shelter and service organization with which the 
     entity is partnering, shall do the following:
       ``(A) Develop, and submit to the Secretary for approval, 
     written protocols for use by the eligible entity in carrying 
     out activities under the pilot program that are based on 
     comprehensive and evidence-based practices and tools for--
       ``(i) identifying instances of domestic violence and 
     situations where there is a risk of domestic violence;

[[Page S7736]]

       ``(ii) responding to any instances of domestic violence and 
     situations where there is a risk of domestic violence that 
     are so identified, including by making referrals to domestic 
     violence intervention and prevention services, assisting with 
     safety planning, and providing protections and other 
     appropriate assistance to individuals and families who are 
     victims or potential victims of domestic violence;
       ``(iii) addressing confidentiality issues related to 
     identifying and responding to instances of domestic violence 
     and situations where there is a risk of domestic violence; 
     and
       ``(iv) providing domestic violence awareness and 
     intervention and prevention training to ensure the effective 
     and consistent implementation of the protocols developed 
     under this subparagraph.
       ``(B) Build the capacity of the staff of the eligible 
     entity and the domestic violence shelter and service 
     organization partner of the entity to communicate with 
     parents about domestic violence.
       ``(C) Appoint a staff member of the eligible entity or the 
     domestic violence shelter and service organizations to serve 
     as the domestic violence coordinator for purposes of the 
     activities carried out under the pilot program.
       ``(D) Submit a final report to the Secretary describing--
       ``(i) the protocols established by the eligible entity to 
     address domestic violence; and
       ``(ii) any issues that the eligible entity encountered in 
     implementing such protocols and if so, how the eligible 
     entity addressed such issues.
       ``(2) Data collection and reporting.--Throughout the pilot 
     period, an eligible entity participating in the pilot program 
     shall collect and report to the Secretary such data related 
     to the entity's participation in the pilot program as the 
     Secretary shall require.
       ``(e) Payments to Eligible Entities.--
       ``(1) In general.--For each quarter during the pilot period 
     described in subsection (b)(3), the Secretary shall pay to 
     each eligible entity participating in the pilot program an 
     amount equal to the applicable percentage specified in 
     paragraph (2) of the amounts expended by the entity during 
     the quarter to carry out the pilot program. Such payments 
     shall be made in addition to, and as part of, the quarterly 
     payment made to the eligible entity under section 455(a)(1). 
     Amounts expended by an eligible entity participating in the 
     pilot program shall be treated as amounts expended for a 
     purpose for which a quarterly payment is available under 
     section 455(a)(1)(A), without regard to whether payment would 
     otherwise be available under such section in the absence of 
     the pilot program (and subject to the application of the 
     applicable percentage for such quarter under paragraph (2) in 
     lieu of the percentage that would otherwise apply under such 
     section (if any)).
       ``(2) Applicable percentage.--The applicable percentage 
     specified in this paragraph is--
       ``(A) in the case of payments made for the first 8 quarters 
     of the pilot period, 100 percent; and
       ``(B) in the case of payments made for each subsequent 
     quarter of the pilot period, 66 percent (80 percent in the 
     case of an eligible entity that is a tribal agency).
       ``(3) Sunset for payments.--In no case may payments be 
     provided by the Secretary for amounts expended by an eligible 
     entity to carry out the pilot program for any quarter of a 
     fiscal year after fiscal year 2026.
       ``(f) Evaluation of Pilot Program.--
       ``(1) In general.--The Secretary shall conduct (directly or 
     by grant, contract, or interagency agreement) a comprehensive 
     evaluation of the pilot program that satisfies the 
     requirements of this subsection.
       ``(2) Deadline.--Not later than 1 year after the pilot 
     program ends, the Secretary shall submit to Congress a report 
     containing the results of such comprehensive evaluation.
       ``(3) Evaluation requirements.--
       ``(A) In general.--A comprehensive evaluation satisfies the 
     requirements of this subsection if--
       ``(i) the evaluation is designed to identify successful 
     activities for creating opportunities for developing and 
     sustaining parenting time to--

       ``(I) build evidence of the effectiveness of such 
     activities;
       ``(II) determine the lessons learned (including barriers to 
     success) from such activities; and
       ``(III) to the extent practicable, help build local 
     evaluation capacity, including the capacity to use evaluation 
     data to inform continuous program improvement; and

       ``(ii) the evaluation includes research designs that 
     encourage innovation and reflect the nature of the activities 
     undertaken, successful implementation efforts, and the needs 
     of the communities, without prioritizing efficacy research 
     over effectiveness research.
       ``(B) Randomized controlled trials.--A comprehensive 
     evaluation conducted in accordance with this subsection may, 
     but shall not be required to, include a randomized controlled 
     trial.
       ``(4) Report requirements.--The report on the comprehensive 
     evaluation conducted in accordance with this subsection shall 
     include the following:
       ``(A) An assessment of the process used to assist parents 
     in developing and establishing parenting time agreements and 
     the number of parenting time agreements established during 
     the pilot program.
       ``(B) An assessment of the impact of the pilot program on 
     child support payment outcomes, including payment behaviors 
     such as the amount of monthly payments, the frequency of 
     monthly payments, and the frequency and type of non-financial 
     assistance.
       ``(C) An assessment of the access barriers to establishing 
     and complying with parenting time agreements, and the 
     effectiveness of methods used by the pilot projects to 
     address barriers.
       ``(D) An assessment of the impact of the pilot program on 
     co-parenting quality.
       ``(E) An assessment of the impact of the pilot program on 
     relationships between custodial and non-custodial parents.
       ``(F) An assessment of the impact of the pilot program on 
     relationships between non-custodial parents and their 
     children.
       ``(G) Data on the incidence and prevalence of domestic 
     violence between custodial and non-custodial parents during 
     the course of the pilot program.
       ``(H) A detailed description of the procedures used to 
     address incidents of domestic violence between custodial and 
     non-custodial parents during the course of the pilot program.
       ``(I) An assessment of the impact of the pilot program on 
     increasing custodial and non-custodial parents' knowledge 
     about domestic violence.
       ``(5) Appropriation.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated to the 
     Secretary to carry out this subsection $1,000,000 for each of 
     fiscal years 2022 through 2026, to remain available until 
     expended.
       ``(g) Domestic Violence Defined.--In this section, the term 
     `domestic violence' means violence between intimate partners, 
     which involves any form of physical violence, sexual 
     violence, stalking, or psychological aggression, by a current 
     or former intimate partner.''.

 CHAPTER 5--IMPROVEMENTS TO THE CHILD SUPPORT PASS-THROUGH REQUIREMENTS

     SEC. 3551. CHILD SUPPORT PASS-THROUGH PROGRAM IMPROVEMENTS.

       (a) Pass-through of All Current Support Amounts and 
     Arrearages Collected for Current and Former TANF Families.--
     Section 457 of the Social Security Act (42 U.S.C. 657) is 
     amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``and (e)'' and inserting ``, (e), (f), and 
     (g)''; and
       (2) by adding at the end the following:
       ``(f) Distribution of Current Support Amount and Arrearages 
     Collected for TANF Families.--
       ``(1) TANF families.--Subject to subsections (d), (e), and 
     (g), beginning October 1, 2023--
       ``(A) paragraph (1) of subsection (a) shall no longer apply 
     to the distribution of amounts collected on behalf of a TANF 
     family as support by a State pursuant to a plan approved 
     under this part;
       ``(B) the State shall pay to a TANF family all of the 
     current support amount collected by the State on behalf of 
     the family and all of any excess amount collected on behalf 
     of the family to the extent necessary to satisfy support 
     arrearages; and
       ``(C) for purposes of determining eligibility for, and the 
     amount and type of, assistance from the State under the State 
     program funded under part A, the State shall disregard the 
     current support amount paid to a TANF family and shall 
     disregard the current support amount paid to any family that 
     is an applicant for assistance under the State program funded 
     under part A.
       ``(2) Former tanf families.--
       ``(A) In general.--Subject to subsections (e) and (g), 
     beginning October 1, 2025--
       ``(i) subsection (a)(2) shall no longer apply to the 
     distribution of amounts collected on behalf of a former TANF 
     family as support by a State pursuant to a plan approved 
     under this part or to support obligations assigned by the 
     family; and
       ``(ii) the State shall pay to a former TANF family all of 
     the current support amount collected by the State on behalf 
     of the family and all of any excess amount collected on 
     behalf of the family to the extent necessary to satisfy 
     support arrearages (and the State shall treat amounts 
     collected pursuant to an assignment by the family as if the 
     amounts had never been assigned and shall distribute the 
     amounts to the family in accordance with subsection (a)(4)).
       ``(B) State option for earlier implementation.--A State may 
     elect to apply subparagraph (A) to the distribution of 
     amounts collected on behalf of a former TANF family as 
     support by a State pursuant to a plan approved under this 
     part beginning on the first day of any quarter of fiscal year 
     2024 or 2025.
       ``(3) Definitions.--In this subsection:
       ``(A) TANF family.--The term `TANF family' means a family 
     receiving assistance from the State under the State program 
     funded under part A.
       ``(B) Former tanf family.--The term `former TANF family' 
     means a family that formerly received assistance from the 
     State under the State program funded under part A.
       ``(C) Excess amount.--The term `excess amount' means, with 
     respect to amounts collected by a State as support on behalf 
     of a family, the amount by which such amount collected 
     exceeds the current support amount.''.
       (b) Temporary Increase in Matching Rate.--Section 455(a)(3) 
     of such Act (42

[[Page S7737]]

     U.S.C. 655(a)(3)) is amended to read as follows:
       ``(3)(A) The Secretary shall pay to each State, for each 
     quarter of fiscal years 2022 and 2023, 90 percent of so much 
     of the State expenditures described in paragraph (1)(B) for 
     the quarter as the Secretary finds are for a system meeting 
     the requirements specified in sections 454(16) and 454A.
       ``(B) In the case of a State which elects the option under 
     subparagraph (B) of section 457(f)(2) to apply subparagraph 
     (A) of that section to the distribution of amounts collected 
     on behalf of a former TANF family (as defined in subparagraph 
     (B) of section 457(f)(3)) as support by a State pursuant to a 
     plan approved under this part beginning on the first day of 
     any quarter of fiscal year 2024 or 2025, the Secretary shall 
     pay to the State for each quarter of fiscal year 2024 and 
     2025 for which such an election has been made, 90 percent of 
     so much of the State expenditures described in paragraph 
     (1)(B) for the quarter as the Secretary finds are for a 
     system meeting the requirements specified in sections 454(16) 
     and 454A.
       ``(C) This paragraph shall not apply to State expenditures 
     described in paragraph (1)(B) for any quarter beginning on or 
     after September 30, 2024 (September 30, 2023, in the case of 
     a State that does not elect the option described in 
     subparagraph (B)).''.
       (c) Transition to Elimination of Excepted Portion for Pass-
     through Disregard Option.--
       (1) In general.--Subparagraph (B) of section 457(a)(6) of 
     such Act (42 U.S.C. 657(a)(6)) is amended to read as follows:
       ``(B) Families that currently receive assistance under part 
     a.--During each of fiscal years 2021, 2022, and 2023, in the 
     case of a family that receives assistance from the State 
     under the State program funded under part A, a State shall 
     not be required to pay to the Federal Government the Federal 
     share of an amount collected on behalf of a family receiving 
     assistance from the State under the State program funded 
     under part A to the extent that the State--
       ``(i) pays the amount to the family; and
       ``(ii) disregards all of the amount collected that does not 
     exceed the current support amount for purposes of determining 
     the family's eligibility for, and the amount and type of, 
     assistance from the State under the State program funded 
     under part A.''.
       (2) Conforming amendment.--Section 457(a)(6) of such Act 
     (42 U.S.C. 657(a)(6)) is amended in the heading, by inserting 
     ``; transition to elimination of excepted portion'' after 
     ``participation''.
       (d) Amounts Collected on Behalf of Families Receiving 
     Foster Care Maintenance Payments.--
       (1) In general.--Section 457 of such Act (42 U.S.C. 657) as 
     amended by subsection (a), is further amended by adding at 
     the end the following:
       ``(g) Distribution of Amounts Collected on Behalf of a 
     Child for Whom Foster Care Maintenance Payments Are Being 
     Made.--
       ``(1) In general.--Beginning October 1, 2023--
       ``(A) subsection (e) shall no longer apply to the 
     distribution of amounts collected by a State as child support 
     for months in any period on behalf of a child for whom a 
     public agency is making foster care maintenance payments 
     under part E;
       ``(B) with respect to the current support amount collected 
     by the State on behalf of the child, the State shall elect 
     to--
       ``(i) pay such amount to a foster parent of the child or a 
     kinship caregiver for the child whenever practicable, or to 
     the person responsible for meeting the child's day-to-day 
     needs; or
       ``(ii) deposit such amount in a savings account to be used 
     for the child's future needs in the event of the child's 
     reunification with family from which the child was removed 
     (including for reunification services for the child and 
     family);
       ``(C) to the extent any amount collected exceeds the 
     current support amount and, after the beginning of the period 
     in which a public agency began making foster care maintenance 
     payments under part E on behalf of the child, support 
     arrearages have accrued with respect to the child, the State 
     shall deposit such excess amount into a savings account to be 
     used for the child's future needs; and
       ``(D) when the child is returned to the family from which 
     the child was removed, or placed for adoption, with a legal 
     guardian, or, if adoption or legal guardianship is determined 
     not to be safe and appropriate for a child, in some other 
     planned, permanent living arrangement, any amount in such 
     savings account shall--
       ``(i) if the child has attained age 18, be transferred to 
     the child; or
       ``(ii) if the child has not attained age 18, be maintained 
     in such account until the child attains such age, and shall 
     be transferred to the child when the child attains such age.
       ``(2) Administration.--The State agency responsible for 
     administering the program under this part shall be 
     responsible for the distribution under this subsection of 
     amounts collected on behalf of a child for whom a public 
     agency is making foster care maintenance payments under part 
     E.''.
       (2) GAO report.--
       (A) Study.--The Comptroller General of the United States 
     shall study the implementation and impact of the requirements 
     for distribution of amounts collected on behalf of a child 
     for whom foster care maintenance payments are being made 
     under subsection (g) of section 457 of the Social Security 
     Act (42 U.S.C. 657) as added by paragraph (1).
       (B) Report.--Not later than January 1, 2027, the 
     Comptroller General shall submit a report to Congress on the 
     results of the study required under paragraph (1) that 
     includes information on the following:
       (i) A description of how States have elected to implement 
     the distribution requirements of such subsection, including 
     with respect to the choices States make regarding how much of 
     current support amounts are paid to foster families, saved in 
     the event of a child's reunification with the family from 
     which the child was removed, or saved for the child's future 
     needs.
       (ii) A description of how States distribute or use amounts 
     saved in the event of a child's reunification with the family 
     from which the child was removed, including the extent to 
     which such amounts are used to provide reunification services 
     for the child and family or distributed in full to the 
     family.
       (iii) Recommendations regarding best practices regarding 
     distributions made under such subsection, along with 
     recommendations for such administrative or legislative action 
     as the Comptroller General determines appropriate.
       (e) Discontinuation of Support Assignments.--
       (1) Termination of tanf requirement to assign support 
     rights to the state.--Paragraph (3) of section 408(a) of such 
     Act (42 U.S.C. 608(a)) is amended to read as follows:
       ``(3) No assistance for families not assigning certain 
     support rights to the state.--
       ``(A) In general.--With respect to each of fiscal years 
     2021, 2022, and 2023, subject to section 457(b)(3), a State 
     to which a grant is made under section 403 shall require, as 
     a condition of paying assistance to a family under the State 
     program funded under this part, that a member of the family 
     assign to the State any right the family member may have (on 
     behalf of the family member or of any other person for whom 
     the family member has applied for or is receiving such 
     assistance) to support from any other person, not exceeding 
     the total amount of assistance so paid to the family, which 
     accrues during the period that the family receives assistance 
     under the program.
       ``(B) Sunset.--Subparagraph (A) shall not apply to any 
     State or family after September 30, 2023.''.
       (2) State option to discontinue support assignments under 
     tanf before fiscal year 2023.--Section 457(b) of such Act (42 
     U.S.C. 657(b)) is amended by adding at the end the following:
       ``(3) State option to discontinue support assignments under 
     part a before termination of requirement.--A State may elect 
     for any or all of fiscal years 2021 through 2023, to--
       ``(A) not require the assignment of support obligations 
     under section 408(a)(3)(A) as a condition of paying 
     assistance to a family under the State program funded under 
     part A; and
       ``(B) discontinue the assignment of a support obligation 
     described in such section, and treat amounts collected 
     pursuant to the assignment as if the amounts had never been 
     assigned and distribute the amounts to the family.''.
       (f) Elimination of Option to Apply Former Distribution 
     Rules for Families Formerly Receiving Assistance.--
       (1) In general.--Section 454 of such Act (42 U.S.C. 654) is 
     amended--
       (A) in paragraph (32)(C), by adding ``and'' after the 
     semicolon;
       (B) in paragraph (33), by striking ``; and'' and inserting 
     a period; and
       (C) by striking paragraph (34).
       (2) Effective date.--The amendments made by paragraph (1) 
     take effect on October 1, 2023.
       (g) Conforming Amendments.--
       (1) Section 454B(c)(1) of such Act (42 U.S.C. 654b(c)(1)) 
     is amended by striking ``457(a)'' and inserting ``457''.
       (2) Section 457 of such Act (42 U.S.C. 657), as amended by 
     subsections (a) and (d), is further amended--
       (A) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``subsection (a)'' and inserting 
     ``subsections (a), (f), and (g)''; and
       (B) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``Notwithstanding the preceding provisions 
     of this section, amounts'' and inserting ``Subject to 
     subsection (g), amounts''.

     SEC. 3552. BAN ON RECOVERY OF MEDICAID COSTS FOR BIRTHS.

       (a) In General.--Section 454 of the Social Security Act (42 
     U.S.C. 654) is amended--
       (1) by striking ``and'' at the end of paragraph (33);
       (2) by striking the period at the end of paragraph (34) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (34) the following:
       ``(35) provide that the State shall not use the State 
     program operated under this part to collect any amount owed 
     to the State by reason of costs incurred under the State plan 
     approved under title XIX for the birth of a child for whom 
     support rights have been assigned pursuant to section 
     1912.''.
       (b) Clarification That Ban on Recovery Does Not Apply With 
     Respect to Insurance of a Parent With an Obligation To Pay 
     Child Support.--Section 1902(a)(25)(F) of the Social Security 
     Act (42 U.S.C. 1396a(a)(25)(F)) is amended--

[[Page S7738]]

       (1) in clause (i), by striking ``care.;'' and inserting 
     ``care; and''; and
       (2) in clause (ii), by inserting ``only if such third-party 
     liability is derived through insurance,'' before ``seek''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section take effect on October 1, 
     2025.
       (2) State option for earlier application.--A State may 
     elect for the amendments made by this section to take effect 
     with respect to the State plans under part D of title IV and 
     title XIX of the Social Security Act (42 U.S.C. 671 et seq.; 
     1396 et seq.) on the first day of any quarter of fiscal years 
     2021 through 2025.

     SEC. 3553. IMPROVING STATE DOCUMENTATION AND REPORTING OF 
                   CHILD SUPPORT COLLECTION DATA.

       (a) State Plan Requirement.--Paragraph (10) of section 
     454(10) of the Social Security Act (42 U.S.C. 654(10)) is 
     amended to read as follows:
       ``(10) provide that the State will--
       ``(A) maintain a full record of collections and 
     disbursements made under the plan and have an adequate 
     reporting system; and
       ``(B) document outcomes with respect to each child support 
     obligation that is enforced by the State, including monthly 
     support payment amounts (distinguishing between full monthly 
     payments and partial monthly payments) and the frequency of 
     monthly support payments for each such case and include 
     information on such outcomes in the annual report required 
     under paragraph (15);''.
       (b) Inclusion in Annual Report by the Secretary.--Section 
     452(a)(10)(A) of such Act (42 U.S.C. 652(a)(10)(A)) is 
     amended--
       (1) in clause (ii), by striking ``and'' after the 
     semicolon;
       (2) in clause (iii)(II), by adding ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(iv) information on the documented outcomes with respect 
     to each child support obligation that was enforced under a 
     State plan approved under this part during the fiscal year, 
     as required under paragraph (10) of section 454 and included 
     in the annual report required under paragraph (15) of that 
     section;''.

      CHAPTER 6--PROGRAM FLEXIBILITY DURING THE COVID-19 PANDEMIC

     SEC. 3561. EMERGENCY TANF FLEXIBILITY.

       (a) In General.--With respect to the period that begins on 
     March 1, 2020, and ends September 30, 2021:
       (1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) of the 
     Social Security Act shall have no force or effect.
       (2) Notwithstanding section 466(d) of such Act, the 
     Secretary may exempt a State from any requirement of section 
     466 of such Act to respond to the COVID-19 pandemic, except 
     that the Secretary may not exempt a State from any 
     requirement to--
       (A) provide a parent with notice of a right to request a 
     review and, if appropriate, adjustment of a support order; or
       (B) afford a parent the opportunity to make such a request.
       (3) The Secretary may not impose a penalty or take any 
     other adverse action against a State pursuant to section 
     452(g)(1) of such Act for failure to achieve a paternity 
     establishment percentage of less than 90 percent.
       (4) The Secretary may not find that the paternity 
     establishment percentage for a State is not based on reliable 
     data for purposes of section 452(g)(1) of such Act, and the 
     Secretary may not determine that the data which a State 
     submitted pursuant to section 452(a)(4)(C)(i) of such Act and 
     which is used in determining a performance level is not 
     complete or reliable for purposes of section 458(b)(5)(B) of 
     such Act, on the basis of the failure of the State to submit 
     OCSE Form 396 or 34 in a timely manner.
       (5) The Secretary may not impose a penalty or take any 
     other adverse action against a State for failure to comply 
     with section 454B(c)(1) or 454A(g)(1)(A)(i) of such Act.
       (6) The Secretary may not disapprove a State plan submitted 
     pursuant to part D of title IV of such Act for failure of the 
     plan to meet the requirement of section 454(1) of such Act, 
     and may not impose a penalty or take any other adverse action 
     against a State with such a plan that meets that requirement 
     for failure to comply with that requirement.
       (7) To the extent that a preceding provision of this 
     section applies with respect to a provision of law applicable 
     to a program operated by an Indian tribe or tribal 
     organization (as defined in subsections (e) and (l) of 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b)), that preceding provision 
     shall apply with respect to the Indian tribe or tribal 
     organization.
       (8) Any increase in the Federal medical assistance 
     percentage for a State resulting from the application of this 
     subsection shall not be taken into account for purposes of 
     calculating the Federal share of assigned collections paid by 
     the State to the Federal Government under section 457 of the 
     Social Security Act (42 U.S.C. 657).
       (b) State Defined.--In subsection (a), the term ``State'' 
     has the meaning given the term in section 1101(a) of the 
     Social Security Act for purposes of title IV of such Act.
       (c) Technical Correction.--Section 6008 of the Families 
     First Coronavirus Response Act (42 U.S.C. 1396d note) is 
     amended by adding at the end the following:
       ``(e) Scope of Application.--An increase in the Federal 
     medical assistance percentage for a State under this section 
     shall not be taken into account for purposes of calculating 
     the Federal share of assigned collections paid by the State 
     to the Federal Government under section 457 of the Social 
     Security Act (42 U.S.C. 657).''.
       (d) State Performance Year for Incentive Payments.--
     Notwithstanding section 458 of the Social Security Act (42 
     U.S.C. 658a), the data which a State submitted pursuant to 
     section 454(15)(B) of such Act (42 U.S.C. 654(15)(B)) for 
     fiscal year 2019 and which the Secretary has determined is 
     complete and reliable shall be used to determine the 
     performance level for each measure of State performance 
     specified in section 458(b)(4) of such Act for each of fiscal 
     years 2020 and 2021.

     SEC. 3562. 2020 RECOVERY REBATES NOT SUBJECT TO REDUCTION OR 
                   OFFSET WITH RESPECT TO PAST-DUE SUPPORT.

       (a) In General.--Section 2201(d)(2) of the CARES Act is 
     amended by inserting ``(c),'' before ``(d)''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to credits and refunds allowed or made after the 
     date of the enactment of this Act.

     SEC. 3563. PROTECTION OF 2020 RECOVERY REBATES.

       (a) In General.--Subsection (d) of section 2201 of the 
     CARES Act (Public Law 116-136), as amended by section 3562, 
     is further amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), and by moving such 
     subparagraphs 2 ems to the right,
       (2) by striking ``Reduction or Offset.--Any credit'' and 
     inserting ``Reduction, Offset, Garnishment, etc.--
       ``(1) In general.--Any credit'', and
       (3) by adding at the end the following new paragraphs:
       ``(2) Assignment of benefits.--
       ``(A) In general.--The right of any person to any 
     applicable payment shall not be transferable or assignable, 
     at law or in equity, and no applicable payment shall be 
     subject to, execution, levy, attachment, garnishment, or 
     other legal process, or the operation of any bankruptcy or 
     insolvency law.
       ``(B) Encoding of payments.--As soon as practicable, but 
     not earlier than 10 days after the date of the enactment of 
     this paragraph, in the case of an applicable payment that is 
     paid electronically by direct deposit through the Automated 
     Clearing House (ACH) network, the Secretary of the Treasury 
     (or the Secretary's delegate) shall--
       ``(i) issue the payment using a unique identifier that is 
     reasonably sufficient to allow a financial institution to 
     identify the payment as an applicable payment, and
       ``(ii) further encode the payment pursuant to the same 
     specifications as required for a benefit payment defined in 
     section 212.3 of title 31, Code of Federal Regulations.
       ``(C) Garnishment.--
       ``(i) Encoded payments.--In the case of a garnishment order 
     received after the date that is 10 days after the date of the 
     enactment of this paragraph and that applies to an account 
     that has received an applicable payment that is encoded as 
     provided in subparagraph (B), a financial institution shall 
     follow the requirements and procedures set forth in part 212 
     of title 31, Code of Federal Regulations, except a financial 
     institution shall not, with regard to any applicable payment, 
     be required to provide the notice referenced in sections 
     212.6 and 212.7 of title 31, Code of Federal Regulations. 
     This paragraph shall not alter the status of applicable 
     payments as tax refunds or other nonbenefit payments for 
     purpose of any reclamation rights of the Department of 
     Treasury or the Internal Revenue Service as per part 210 of 
     title 31 of the Code of Federal Regulations.
       ``(ii) Other payments.--If a financial institution receives 
     a garnishment order, other than an order that has been served 
     by the United States or an order that has been served by a 
     Federal, State, or local child support enforcement agency, 
     that has been received by a financial institution after the 
     date that is 10 days after the date of the enactment of this 
     paragraph and that applies to an account into which an 
     applicable payment that has not been encoded as provided in 
     subparagraph (B) has been deposited electronically or by an 
     applicable payment that has been deposited by check on any 
     date in the lookback period, the financial institution, upon 
     the request of the account holder, shall treat the amount of 
     the funds in the account at the time of the request, up to 
     the amount of the applicable payment (in addition to any 
     amounts otherwise protected under part 212 of title 31, Code 
     of Federal Regulations), as exempt from a garnishment order 
     without requiring the consent of the party serving the 
     garnishment order or the judgment creditor.
       ``(iii) Liability.--A financial institution that acts in 
     good faith in reliance on clauses (i) or (ii) shall not be 
     subject to liability or regulatory action under any Federal 
     or State law, regulation, court or other order, or regulatory 
     interpretation for actions concerning any applicable 
     payments.
       ``(D) Definitions.--For purposes of this paragraph--
       ``(i) Account holder.--The term `account holder' means a 
     natural person whose name appears in a financial 
     institution's records as the direct or beneficial owner of an 
     account.

[[Page S7739]]

       ``(ii) Account review.--The term `account review' means the 
     process of examining deposits in an account to determine if 
     an applicable payment has been deposited into the account 
     during the lookback period. The financial institution shall 
     perform the account review following the procedures outlined 
     in section 212.5 of title 31, Code of Federal Regulations and 
     in accordance with the requirements of section 212.6 of title 
     31, Code of Federal Regulations.
       ``(iii) Applicable payment.--The term `applicable payment' 
     means any payment of credit or refund by reason of section 
     6428 of the Internal Revenue Code of 1986 (as so added) or by 
     reason of subsection (c) of this section.
       ``(iv) Garnishment.--The term `garnishment' means 
     execution, levy, attachment, garnishment, or other legal 
     process.
       ``(v) Garnishment order.--The term `garnishment order' 
     means a writ, order, notice, summons, judgment, levy, or 
     similar written instruction issued by a court, a State or 
     State agency, a municipality or municipal corporation, or a 
     State child support enforcement agency, including a lien 
     arising by operation of law for overdue child support or an 
     order to freeze the assets in an account, to effect a 
     garnishment against a debtor.
       ``(vi) Lookback period.--The term `lookback period' means 
     the two month period that begins on the date preceding the 
     date of account review and ends on the corresponding date of 
     the month two months earlier, or on the last date of the 
     month two months earlier if the corresponding date does not 
     exist.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

                       CHAPTER 7--EFFECTIVE DATE

     SEC. 3571. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this 
     subtitle, the amendments made by this subtitle shall take 
     effect on the date of enactment of this Act and shall apply 
     to payments under parts A and D of title IV of the Social 
     Security Act for calendar quarters beginning on or after such 
     date, and without regard to whether regulations to implement 
     the amendments (in the case of State programs operated under 
     such part D) are promulgated by such date.
       (b) Exception for State Plans Requiring State Law 
     Amendments.--In the case of a State plan under part A or D of 
     title IV of the Social Security Act which the Secretary 
     determines requires State legislation in order for the plan 
     to meet the additional requirements imposed by the amendments 
     made by this subtitle, the effective date of the amendments 
     imposing the additional requirements shall be 3 months after 
     the first day of the first calendar quarter beginning after 
     the close of the first regular session of the State 
     legislature that begins after the date of the enactment of 
     this Act. For purposes of the preceding sentence, in the case 
     of a State that has a 2-year legislative session, each year 
     of the session shall be considered to be a separate regular 
     session of the State legislature.

           TITLE IV--CAPITAL AND SUPPORT FOR SMALL BUSINESSES

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

     SEC. 4101. COMMUNITY ADVANTAGE LOAN PROGRAM.

       Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) 
     is amended by adding at the end the following:
       ``(37) Community advantage loan program.--
       ``(A) Purposes.--The purposes of the Community Advantage 
     Loan Program are--
       ``(i) to create a mission-oriented loan guarantee program 
     that builds on the demonstrated success of the Community 
     Advantage Pilot Program of the Administration, as established 
     in 2011, to reach more underserved small business concerns;
       ``(ii) to increase lending to small business concerns in 
     underserved and rural markets, including veterans and members 
     of the military community, and small business concerns owned 
     and controlled by socially and economically disadvantaged 
     individuals (as defined in section 8(d)(3)(C)), women, and 
     startups;
       ``(iii) to ensure that the program under this subsection 
     (in this paragraph referred to as the `7(a) loan program') is 
     more inclusive and more broadly meets congressional intent to 
     reach borrowers who are unable to get credit elsewhere on 
     reasonable terms and conditions;
       ``(iv) to help underserved small business concerns become 
     bankable by utilizing the small-dollar financing and business 
     support experience of mission-oriented lenders;
       ``(v) to allow certain mission-oriented lenders, primarily 
     nonprofit financial intermediaries focused on economic 
     development in underserved markets, access to guarantees for 
     loans under this subsection (in this paragraph referred to as 
     `7(a) loans') of not more than $350,000 and provide 
     management and technical assistance to small business 
     concerns as needed;
       ``(vi) to provide certainty for the lending partners that 
     make loans under this subsection and to attract new lenders; 
     and
       ``(vii) to encourage collaboration between mission-oriented 
     and conventional lenders under this subsection in order to 
     support underserved small business concerns.
       ``(B) Definitions.--In this paragraph--
       ``(i) the term `covered institution' means--

       ``(I) a development company, as defined in section 103 of 
     the Small Business Investment Act of 1958 (15 U.S.C. 662), 
     participating in the 504 Loan Guaranty program established 
     under title V of that Act (15 U.S.C. 695 et seq.);
       ``(II) a nonprofit intermediary, as defined in subsection 
     (m)(11), participating in the microloan program under 
     subsection (m);
       ``(III) a non-Federally regulated entity certified as a 
     community development financial institution by the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Riegle Community Development and 
     Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)); and
       ``(IV) an eligible intermediary, as defined in subsection 
     (l)(1), participating in the Intermediary Lending Program 
     established under subsection (l)(2);

       ``(ii) the term `new business' means a small business 
     concern that has been existence for not more than 2 years;
       ``(iii) the term `program' means the Community Advantage 
     Loan Program established under subparagraph (C);
       ``(iv) the term `Reservist' means a member of a reserve 
     component of the Armed Forces named in section 10101 of title 
     10, United States Code;
       ``(v) the term `rural area' has the meaning given the term 
     in subsection (m)(11);
       ``(vi) the term `service-connected' has the meaning given 
     the term in section 101 of title 38, United States Code;
       ``(vii) the term `small business concern in an underserved 
     market' means a small business concern--

       ``(I) that is located in--

       ``(aa) a low-income or moderate-income community;
       ``(bb) a HUBZone, as defined in section 31(b);
       ``(cc) a community that has been designated as an 
     empowerment zone or an enterprise community under section 
     1391 of the Internal Revenue Code of 1986;
       ``(dd) a community that has been designated as a promise 
     zone by the Secretary of Housing and Urban Development;
       ``(ee) a community that has been designated as a qualified 
     opportunity zone under section 1400Z-1 of the Internal 
     Revenue Code of 1986; or
       ``(ff) a rural area;

       ``(II) for which more than 50 percent of employees reside 
     in a low- or moderate-income community;
       ``(III) that is--

       ``(aa) a business that has not yet opened or a new 
     business; or
       ``(bb) growing, newly established, or a startup, as those 
     terms are used in subsection (m);

       ``(IV) owned and controlled by socially and economically 
     disadvantaged individuals, including Black Americans, 
     Hispanic Americans, Native Americans, Asian Pacific 
     Americans, and other minorities;
       ``(V) owned and controlled by women;
       ``(VI) owned and controlled by veterans;
       ``(VII) owned and controlled by service-disabled veterans;
       ``(VIII) not less than 51 percent of which is owned and 
     controlled by 1 or more--

       ``(aa) members of the Armed Forces participating in the 
     Transition Assistance Program of the Department of Defense;
       ``(bb) Reservists;
       ``(cc) spouses of veterans, members of the Armed Forces, or 
     Reservists; or
       ``(dd) surviving spouses of veterans who died on active 
     duty or as a result of a service-connected disability;

       ``(IX) that is eligible to receive a veterans advantage 
     loan; or
       ``(X) owned and controlled by an individual who has 
     completed a term of imprisonment in a Federal, State, or 
     local jail or prison; and

       ``(viii) the term `small business concern owned and 
     controlled by socially and economically disadvantaged 
     individuals' has the meaning given the term in section 
     8(d)(3)(C).
       ``(C) Establishment.--There is established a Community 
     Advantage Loan Program under which the Administration may 
     guarantee loans made by covered institutions under this 
     subsection, including loans made to small business concerns 
     in an underserved market.
       ``(D) Program levels.--In each of fiscal years 2021, 2022, 
     2023, 2024, and 2025, not more than 10 percent of the number 
     of loans guaranteed under this subsection may be guaranteed 
     under the program.
       ``(E) New lenders.--
       ``(i) Fiscal years 2021 and 2022.--In each of fiscal years 
     2021 and 2022--

       ``(I) not more than 150 covered institutions shall 
     participate in the program; and
       ``(II) the Administrator shall allow for new applicants and 
     give priority to applications submitted by any covered 
     institution that is located in an area with insufficient or 
     no lending under the program.

       ``(ii) Fiscal years 2023, 2024, and 2025.--

       ``(I) In general.--In each of fiscal years 2023, 2024, and 
     2025--

       ``(aa) except as provided in subclause (II), not more than 
     175 covered institutions shall participate in the program; 
     and
       ``(bb) the Administrator shall allow for new applicants and 
     give priority to applications submitted by any covered 
     institution that is located in an area with insufficient or 
     no lending under the program.

       ``(II) Exception for fiscal year 2025.--In fiscal year 
     2025, not more than 200 covered institutions may participate 
     in the program if--

[[Page S7740]]

       ``(aa) after reviewing the report under subparagraph (M), 
     the Administrator determines that not more than 200 covered 
     institutions may participate in the program;
       ``(bb) the Administrator notifies Congress in writing of 
     the determination of the Administrator under item (aa); and
       ``(cc) not later than July 30, 2024, the Administrator 
     notifies the public of the determination of the Administrator 
     under item (aa).
       ``(F) Grandfathering of existing lenders.--Any covered 
     institution that participated in the Community Advantage 
     Pilot Program of the Administration and is in good standing 
     on the day before the date of enactment of this paragraph--
       ``(i) shall retain designation in the program; and
       ``(ii) shall not be required to submit an application to 
     participate in the program.
       ``(G) Requirement to make loans to underserved markets.--
     Not less than 75 percent of loans made by a covered 
     institution under the program shall consist of loans made to 
     small business concerns in an underserved market.
       ``(H) Maximum loan amount.--
       ``(i) In general.--Except as provided in clause (ii), the 
     maximum loan amount for a loan guaranteed under the program 
     is $250,000.
       ``(ii) Exception.--

       ``(I) In general.--The Administration may, in the 
     discretion of the Administration, approve a guarantee of a 
     loan under the program that is more than $250,000 and not 
     more than $350,000.
       ``(II) Notification.--Not later than 2 days after receiving 
     a request for an exception to the maximum loan amount 
     established under clause (i), the Administration shall--

       ``(aa) review the request; and
       ``(bb) provide a decision regarding the request to the 
     covered institution making the loan.
       ``(I) Training and technical assistance.--The 
     Administration--
       ``(i) shall, in person and online, provide upfront and 
     ongoing training and technical assistance for covered 
     institutions making loans under the program in order to 
     support prudent lending standards and improve the interface 
     between the covered institutions and the Administration, 
     which shall include--

       ``(I) guidance for following the regulations of the 
     Administration, including best practices for maintaining 
     healthy portfolios of loans; and
       ``(II) directions for covered institutions to do what is in 
     the best interest of the borrowers, including by ensuring to 
     the maximum extent possible that those borrowers are informed 
     about loans with the most favorable terms for those 
     borrowers;

       ``(ii) shall ensure that the training and technical 
     assistance described in clause (i) is provided for free or at 
     a low-cost;
       ``(iii) may enter into a contract to provide the training 
     or technical assistance described in clause (i) with an 
     organization with expertise in lending under this subsection, 
     mission-oriented lending, and lending to underserved markets; 
     and
       ``(iv) shall ensure that covered institutions adequately 
     report the extent to which the covered institutions take the 
     actions required under clause (i)(II).
       ``(J) Delegated authority.--A covered institution is not 
     eligible to receive delegated authority from the 
     Administration under the program until the covered 
     institution makes not less than 10 loans under the program, 
     unless the Administration determines otherwise after an 
     opportunity for public comment for a period of not less than 
     30 days before implementing such a change.
       ``(K) Regulations.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this paragraph and in accordance with the 
     notice and comment procedures under section 553 of title 5, 
     United States Code, the Administrator shall promulgate 
     regulations to carry out the program, which shall be 
     substantially similar to the Community Advantage Pilot 
     Program of the Administration, as in effect on September 1, 
     2018, and shall--

       ``(I) outline the requirements for participation by covered 
     institutions in the program;
       ``(II) define performance metrics for covered institutions 
     participating in the program for the first time, which are 
     required to be met in order to continue participating in the 
     program;
       ``(III) establish an acceptable range of program costs and 
     level of risk that shall be based on other loan products--

       ``(aa) of similar size;
       ``(bb) that use similar lenders; and
       ``(cc) that are intended to reach similar borrowers;

       ``(IV) determine the credit score of a small business 
     concern under which the Administration is required to 
     underwrite a loan provided to the small business concern 
     under the program and the loan may not be made using the 
     delegated authority of a covered institution;
       ``(V) require each covered institution that sells loans 
     made under the program on the secondary market to establish a 
     loan loss reserve fund, which--

       ``(aa) with respect to covered institutions in good 
     standing, including the covered institutions described in 
     subparagraph (F), shall be maintained at a level equal to 3 
     percent of the outstanding guaranteed portion of the loans; 
     and
       ``(bb) with respect to any other covered institution, shall 
     be maintained at a level equal to 5 percent of the 
     outstanding guaranteed portion of the loans; and

       ``(VI) allow the Administrator to require additional 
     amounts to be deposited into a loan loss reserve fund 
     established by a covered institution under subclause (V) 
     based on the risk characteristics or performance of the 
     covered institution and the loan portfolio of the covered 
     institution.

       ``(ii) Termination of pilot program.--Beginning on the date 
     on which the regulations promulgated by the Administrator 
     under clause (i) take effect, the Administrator may not carry 
     out the Community Advantage Pilot Program of the 
     Administration.
       ``(L) GAO report.--Not later than 3 years after the date of 
     enactment of this paragraph, the Comptroller General of the 
     United States shall submit to the Administrator, the 
     Committee on Small Business and Entrepreneurship of the 
     Senate, and the Committee on Small Business of the House of 
     Representatives a report--
       ``(i) assessing--

       ``(I) the extent to which the program fulfills the 
     requirements of this paragraph; and
       ``(II) the performance of covered institutions 
     participating in the program; and

       ``(ii) providing recommendations on the administration of 
     the program and the findings under subclauses (I) and (II) of 
     clause (i).
       ``(M) Working group.--
       ``(i) In general.--Not later than 90 days after the date of 
     enactment of this paragraph, the Administrator shall 
     establish a Community Advantage Working Group, which shall--

       ``(I) include--

       ``(aa) a geographically diverse representation of members 
     from among covered institutions participating in the program; 
     and
       ``(bb) representatives from--
       ``(AA) the Office of Capital Access of the Administration, 
     including the Office of Credit Risk Management, and the 
     Office of Financial Assistance; and
       ``(BB) the Office of Emerging Markets;

       ``(II) develop recommendations on how the Administration 
     can effectively manage, support, and promote the program and 
     the mission of the program;
       ``(III) establish metrics of success and benchmarks that 
     reflect the mission and population served by covered 
     institutions under the program, which the Administration 
     shall use to evaluate the performance of those covered 
     institutions;
       ``(IV) institute regular and sustainable systems of 
     communication between the Administration and covered 
     institutions participating in the program; and
       ``(V) establish criteria for covered institutions regarding 
     when those institutions should provide technical assistance 
     to borrowers under the program and the scope of that 
     technical assistance.

       ``(ii) Report.--Not later than 180 days after the date of 
     enactment of this paragraph, the Administrator shall submit 
     to the Committee on Small Business and Entrepreneurship of 
     the Senate and the Committee on Small Business of the House 
     of Representatives a report that includes--

       ``(I) the recommendations of the Community Advantage 
     Working Group established under clause (i); and
       ``(II) a recommended plan and timeline for implementation 
     of those recommendations.''.

     SEC. 4102. SPURRING INNOVATION IN UNDERSERVED MARKETS.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended--
       (1) by redesignating section 49 (15 U.S.C. 631 note) as 
     section 50; and
       (2) by inserting after section 48 (15 U.S.C. 657u) the 
     following:

     ``SEC. 49. INNOVATION CENTERS PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Accelerator.--The term `accelerator' means an 
     organization--
       ``(A) that--
       ``(i) works with a startup or growing small business 
     concern for a predetermined period; and
       ``(ii) provides mentorship and instruction to scale 
     businesses; and
       ``(B) that may--
       ``(i) provide, but is not exclusively designed to provide, 
     seed investment in exchange for a small amount of equity; and
       ``(ii) offer startup capital or the opportunity to raise 
     capital from outside investors.
       ``(2) Federally recognized area of economic distress.--The 
     term `federally recognized area of economic distress' means--
       ``(A) a HUBZone; or
       ``(B) an area that has been designated as--
       ``(i) an empowerment zone under section 1391 of the 
     Internal Revenue Code of 1986;
       ``(ii) a qualified opportunity zone under section 1400Z-1 
     of the Internal Revenue Code of 1986;
       ``(iii) a Promise Zone by the Secretary of Housing and 
     Urban Development; or
       ``(iv) a low-income neighborhood or moderate-income 
     neighborhood for purposes of the Community Reinvestment Act 
     of 1977 (12 U.S.C. 2901 et seq.).
       ``(3) Growing; newly established; startup.--The terms 
     `growing', `newly established', and `startup', with respect 
     to a small business concern, mean growing, newly established, 
     and startup, respectively, within the meaning given those 
     terms under section 7(m).
       ``(4) Incubator.--The term `incubator' means an 
     organization--
       ``(A) that--
       ``(i) tends to work with startup and newly established 
     small business concerns; and

[[Page S7741]]

       ``(ii) provides mentorship to startup and newly established 
     small business concerns; and
       ``(B) that may--
       ``(i) provide a co-working environment or a month-to-month 
     lease program; and
       ``(ii) work with a startup or newly established small 
     business concern for a predetermined period or an open-ended 
     period.
       ``(5) Individuals with a disability.--The term `individuals 
     with a disability' means more than one individual with a 
     disability, as defined in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102).
       ``(6) Eligible entity.--The term `eligible entity' means--
       ``(A) an institution described in any of paragraphs (1) 
     through (7) of section 371(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1067q(a));
       ``(B) a junior or community college, as defined in section 
     312 of the Higher Education Act of 1965 (20 U.S.C. 1058); or
       ``(C) any nonprofit organization associated with an entity 
     described in subparagraph (A) or (B).
       ``(7) Rural area.--The term `rural area' has the meaning 
     given that term in section 7(m)(11).
       ``(8) Socially and economically disadvantaged 
     individuals.--The term `socially and economically 
     disadvantaged individual' means a socially and economically 
     disadvantaged individual within the meaning given that term 
     under section 8(d)(3)(C).
       ``(b) Establishment.--Not later than 18 months after the 
     date of enactment of the Economic Justice Act, the 
     Administrator shall develop and begin implementing a program 
     (to be known as the `Innovation Centers Program') to enter 
     into cooperative agreements with eligible entities under this 
     section.
       ``(c) Purposes.--The purposes of the Innovation Centers 
     Program are to--
       ``(1) stimulate economic growth in underserved communities 
     by creating good paying jobs and pathways to prosperity, 
     which are especially important in times of economic downturn;
       ``(2) increase prospects for success for small business 
     concerns in underserved communities, which often suffer from 
     higher business failure rates than the national average;
       ``(3) help create a pipeline for small business concerns in 
     underserved and rural markets into high-growth sectors, where 
     they are generally underrepresented;
       ``(4) help address the multi-decade decline in the rate of 
     new business creation;
       ``(5) close the gaps that underserved small business 
     concerns often have in terms of revenue and number of 
     employees, which represent lost opportunity for the economy; 
     and
       ``(6) encourage collaboration between the Administration 
     and institutions of higher learning that serve low-income and 
     minority communities.
       ``(d) Authority.--
       ``(1) In general.--The Administrator may--
       ``(A) enter into cooperative agreements to provide 
     financial assistance to eligible entities to conduct 5-year 
     projects for the benefit of startup, newly established, or 
     growing small business concerns; and
       ``(B) renew a cooperative agreement entered into under this 
     section for additional 3-year periods, in accordance with 
     paragraph (3).
       ``(2) Project requirements.--A project conducted under a 
     cooperative agreement under this section shall--
       ``(A) include operating as an accelerator, an incubator, or 
     any other small business innovation-focused project as the 
     Administrator approves;
       ``(B) be carried out in such locations as to provide 
     maximum accessibility and benefits to the small business 
     concerns that the project is intended to serve;
       ``(C) have a full-time staff, including a full-time 
     director who shall--
       ``(i) have the authority to make expenditures under the 
     budget of the project; and
       ``(ii) manage the activities carried out under the project;
       ``(D) include the joint provision of programs and services 
     by the eligible entity and the Administration, which--
       ``(i) shall be jointly developed, negotiated, and agreed 
     upon, with full participation of both parties, pursuant to an 
     executed cooperative agreement between the eligible entity 
     and the Administration; and
       ``(ii) shall include--

       ``(I) 1-to-1 individual counseling as described in section 
     21(c)(3)(A); and
       ``(II) a formal, structured mentorship program;

       ``(E) incorporate continuous upgrades and modifications to 
     the services and programs offered under the project, as 
     needed to meet the changing and evolving needs of the 
     business community;
       ``(F) involve working with underserved groups, which 
     include--
       ``(i) women;
       ``(ii) socially and economically disadvantaged individuals;
       ``(iii) veterans;
       ``(iv) individuals with disabilities; or
       ``(v) startup, newly established, or growing small business 
     concerns located in rural areas;
       ``(G) not impose or otherwise collect a fee or other 
     compensation in connection with participation in the programs 
     and services described in subparagraph (D)(ii); and
       ``(H) ensure that small business concerns participating in 
     the project have access, including through resource partners, 
     to information concerning Federal, State, and local 
     regulations that affect small business concerns.
       ``(3) Continued funding.--
       ``(A) In general.--An eligible entity that enters into an 
     initial cooperative agreement or a renewal of a cooperative 
     under paragraph (1) may submit an application for a 3-year 
     renewal of the cooperative agreement at such time, in such 
     manner, and accompanied by such information as the 
     Administrator may establish.
       ``(B) Application and approval criteria.--
       ``(i) Criteria.--The Administrator shall develop and 
     publish criteria for the consideration and approval of 
     applications for renewals by eligible entities under this 
     paragraph, which shall take into account the structure and 
     the stated goals of the project.
       ``(ii) Notification.--Not later than 60 days after the date 
     of the deadline to submit applications for each fiscal year, 
     the Administrator shall approve or deny any application under 
     this paragraph and notify the applicant for each such 
     application.
       ``(C) Priority.--In allocating funds made available for 
     cooperative agreements under this section, the Administrator 
     shall give applications under this paragraph priority over 
     first-time applications for cooperative agreements under 
     paragraph (1)(A).
       ``(4) Limit on use of funds.--Amounts received by an 
     eligible entity under a cooperative agreement under this 
     section may not be used to provide capital to a participant 
     in the project carried out under the cooperative agreement.
       ``(5) Scope of authority.--
       ``(A) Subject to appropriations.--The authority of the 
     Administrator to enter into cooperative agreements under this 
     section shall be in effect for each fiscal year only to the 
     extent and in the amounts as are provided in advance in 
     appropriations Acts.
       ``(B) Suspension, termination, and failure to renew or 
     extend.--After the Administrator has entered into a 
     cooperative agreement with an eligible entity under this 
     section, the Administrator shall not suspend, terminate, or 
     fail to renew or extend the cooperative agreement unless the 
     Administrator provides the eligible entity with written 
     notification setting forth the reasons therefore and affords 
     the eligible entity an opportunity for a hearing, appeal, or 
     other administrative proceeding under chapter 5 of title 5, 
     United States Code.
       ``(e) Criteria.--
       ``(1) In general.--The Administrator shall--
       ``(A) establish and rank in terms of relative importance 
     the criteria the Administrator shall use in awarding 
     cooperative agreements under this section, which shall 
     include--
       ``(i) whether the proposed project will be located in--

       ``(I) a federally recognized area of economic distress;
       ``(II) a rural area; or
       ``(III) an area lacking sufficient entrepreneurial 
     development resources, as determined by the Administrator; 
     and

       ``(ii) whether the proposed project demonstrates a 
     commitment to partner with core stakeholders working with 
     small business concerns in the relevant area, including--

       ``(I) investment and lending organizations;
       ``(II) nongovernmental organizations;
       ``(III) programs of State and local governments that are 
     concerned with aiding small business concerns;
       ``(IV) Federal agencies; and
       ``(V) for-profit organizations with an expertise in small 
     business innovation;

       ``(B) make publicly available, including on the website of 
     the Administration, and state in each solicitation for 
     applications for cooperative agreements under this section 
     the selection criteria and ranking established under 
     subparagraph (A); and
       ``(C) evaluate and rank applicants for cooperative 
     agreements under this section in accordance with the 
     selection criteria and ranking established under subparagraph 
     (A).
       ``(2) Contents.--The criteria established under paragraph 
     (1)(A)--
       ``(A) for eligible entities that have in operation an 
     accelerator, incubator, or other small business innovation-
     focused project shall include the record of the eligible 
     entity in assisting growing, newly established, and startup 
     small business concerns, including, for each of the 3 full 
     years before the date on which the eligible entity applies 
     for a cooperative agreement under this section, or if the 
     accelerator, incubator, or other small business innovation-
     focused project has been in operation for less than 3 years, 
     for the most recent full year the accelerator, incubator, or 
     other small business innovation-focused project was in 
     operation--
       ``(i) the number and retention rate of growing, newly 
     established, and startup business concerns in the program of 
     the eligible entity;
       ``(ii) the average period of participation by growing, 
     newly established, and startup small business concerns in the 
     program of the eligible entity;
       ``(iii) the total and median capital raised by growing, 
     newly established, and startup small business concerns 
     participating in the program of the eligible entity;
       ``(iv) the number of investments or loans received by 
     growing, newly established, and startup small business 
     concerns participating in the program of the eligible entity; 
     and

[[Page S7742]]

       ``(v) the total and median number of employees of growing, 
     newly established, and startup small business concerns 
     participating in the program of the eligible entity; and
       ``(B) for all eligible entities--
       ``(i) shall include whether the eligible entity--

       ``(I) indicates the structure and goals of the project;
       ``(II) demonstrates ties to the business community;
       ``(III) describes the capabilities of the project, 
     including coordination with local resource partners and local 
     or national lending partners of the Administration;
       ``(IV) addresses the unique business and economic 
     challenges faced by the community in which the eligible 
     entity is located and businesses in that community; and
       ``(V) provides a proposed budget and plan for use of funds; 
     and

       ``(ii) may include any other criteria determined 
     appropriate by the Administrator.
       ``(f) Program Examination.--
       ``(1) In general.--The Administrator shall--
       ``(A) develop and implement an annual programmatic and 
     financial examination of each project conducted under this 
     section, under which each eligible entity entering into a 
     cooperative agreement under this section shall provide to the 
     Administrator--
       ``(i) an itemized cost breakdown of actual expenditures for 
     costs incurred during the preceding year; and
       ``(ii) documentation regarding--

       ``(I) the amount of matching assistance from non-Federal 
     sources obtained and expended by the eligible entity during 
     the preceding year in order to meet the matching requirement; 
     and
       ``(II) with respect to any in-kind contributions that were 
     used to satisfy the matching requirement, verification of the 
     existence and valuation of those contributions; and

       ``(B) analyze the results of each examination conducted 
     under subparagraph (A) and, based on that analysis, make a 
     determination regarding the programmatic and financial 
     viability of each eligible entity.
       ``(2) Conditions for continued funding.--In determining 
     whether to continue or renew a cooperative agreement under 
     this section, the Administrator--
       ``(A) shall consider the results of the most recent 
     examination of the project under paragraph (1); and
       ``(B) may terminate or not renew a cooperative agreement, 
     if the Administrator determines that the eligible entity has 
     failed to provide any information required to be provided 
     (including information provided for the purpose of the annual 
     report by the Administrator under subsection (n)) or the 
     information provided by the eligible entity is inadequate.
       ``(g) Training and Technical Assistance.--The 
     Administrator--
       ``(1) shall provide in person or online training and 
     technical assistance to each eligible entity entering into a 
     cooperative agreement under this section at the beginning of 
     the participation of the eligible entity in the Innovation 
     Centers Program, or as requested by the eligible entity, in 
     order to build the capacity of the eligible entity and ensure 
     compliance with procedures established by the Administrator;
       ``(2) shall ensure that the training and technical 
     assistance described in paragraph (1) is provided at no cost 
     or at a low cost; and
       ``(3) may enter into a contract to provide the training or 
     technical assistance described in paragraph (1) with 1 or 
     more organizations with expertise in the entrepreneurial 
     development programs of the Administration, innovation, and 
     entrepreneurial development.
       ``(h) Coordination.--In carrying out a project under this 
     section, an eligible entity may coordinate with--
       ``(1) resource and lending partners of the Administration;
       ``(2) programs of State and local governments that are 
     concerned with aiding small business concerns; and
       ``(3) other Federal agencies, including to provide services 
     to and assist small business concerns in participating in the 
     SBIR and STTR programs, as defined in section 9(e).
       ``(i) Funding Limit.--The amount of financial assistance 
     provided to an eligible entity under a cooperative agreement 
     entered into under this section shall be not more than 
     $400,000 during each year.
       ``(j) Matching Requirement.--
       ``(1) In general.--An eligible entity shall contribute 
     toward the cost of the project carried out under the 
     cooperative agreement under this section an amount equal to 
     50 percent of the amount received under the cooperative 
     agreement.
       ``(2) In-kind contributions.--Not more than 75 percent of 
     the contribution of an eligible entity under paragraph (1) 
     may be in the form of in-kind contributions.
       ``(3) Waiver.--
       ``(A) In general.--If the Administrator determines that an 
     eligible entity is unable to meet the contribution 
     requirement under paragraph (1), the Administrator may reduce 
     the required contribution.
       ``(B) Presumption.--
       ``(i) In general.--The Administration shall, by regulation, 
     establish criteria to determine which eligible entities are 
     presumed to be unable to meet the contribution requirement 
     under paragraph (1).
       ``(ii) Stakeholders.--In establishing the criteria under 
     clause (i), the Administrator shall work with stakeholders 
     immediately impacted by the criteria.
       ``(iii) Periodic review.--The Administration shall 
     periodically, but not less than once every 5 years, review 
     the criteria established under clause (i) to ensure that the 
     criteria align with economic conditions.
       ``(4) Failure to obtain non-federal funding.--If an 
     eligible entity fails to obtain the required non-Federal 
     contribution during any project, or the reduced non-Federal 
     contribution as determined by the Administrator--
       ``(A) the eligible entity shall not be eligible thereafter 
     for any other project for which it is or may be funded by the 
     Administration; and
       ``(B) prior to approving assistance for the eligible entity 
     for any other projects, the Administrator shall specifically 
     determine whether the Administrator believes that the 
     eligible entity will be able to obtain the requisite non-
     Federal funding and enter a written finding setting forth the 
     reasons for making that determination.
       ``(5) Rule of construction.--The demonstrated inability of 
     an eligible entity to meet the contribution requirement under 
     paragraph (1) shall not disqualify the eligible entity from 
     entering into a cooperative agreement under this section.
       ``(k) Contract Authority.--
       ``(1) In general.--An eligible entity may enter into a 
     contract with a Federal department or agency to provide 
     specific assistance to startup, newly established, or growing 
     small business concerns.
       ``(2) Performance.--Performance of a contract entered into 
     under paragraph (1) may not hinder the eligible entity in 
     carrying out the terms of the cooperative agreement under 
     this section.
       ``(3) Exemption from matching requirement.--A contract 
     entered into under paragraph (1) shall not be subject to the 
     matching requirement under subsection (j).
       ``(4) Additional provision.--Notwithstanding any other 
     provision of law, a contract for assistance under paragraph 
     (1) shall not be applied to any Federal department or 
     agency's small business, woman-owned business, or socially 
     and economically disadvantaged business contracting goal 
     under section 15(g).
       ``(l) Privacy Requirements.--
       ``(1) In general.--An eligible entity may not disclose the 
     name, address, or telephone number of any individual or small 
     business concern receiving assistance under this section 
     without the consent of such individual or small business 
     concern, unless--
       ``(A) the Administrator is ordered to make such a 
     disclosure by a court in any civil or criminal enforcement 
     action initiated by a Federal or State agency; or
       ``(B) the Administrator considers such a disclosure to be 
     necessary for the purpose of conducting a financial audit of 
     an eligible entity, but a disclosure under this subparagraph 
     shall be limited to the information necessary for such audit.
       ``(2) Administration use of information.--This subsection 
     shall not--
       ``(A) restrict Administration access to program activity 
     data; or
       ``(B) prevent the Administration from using client 
     information (other than the information described in 
     subparagraph (A)) to conduct client surveys.
       ``(3) Regulations.--The Administrator shall issue 
     regulations to establish standards for requiring disclosures 
     during a financial audit under paragraph (1)(B).
       ``(m) Publication of Information.--The Administrator 
     shall--
       ``(1) publish information about the program under this 
     section online, including--
       ``(A) on the website of the Administration; and
       ``(B) on the social media of the Administration; and
       ``(2) request that the resource and lending partners of the 
     Administration and the district offices of the Administration 
     publicize the program.
       ``(n) Annual Reporting.--Not later than 1 year after the 
     date on which the Administrator establishes the program under 
     this section, and every year thereafter, the Administrator 
     shall submit to Congress a report on the activities under the 
     program, including--
       ``(1) a list of all eligible entities participating in the 
     program;
       ``(2) the number of startup, newly established, and growing 
     small business concerns participating in the project carried 
     out by each eligible entity under a cooperative agreement 
     under this section (in this paragraph referred to as 
     `participants'), including a breakdown of the owners of the 
     participants by race, gender, veteran status, and urban 
     versus rural location;
       ``(3) the retention rate for participants;
       ``(4) the total and median amount of capital accessed by 
     participants, including the type of capital accessed;
       ``(5) the total and median number of employees of 
     participants;
       ``(6) the number and median wage of jobs created by 
     participants;
       ``(7) the number of jobs sustained by participants; and
       ``(8) information regarding such other metrics as the 
     Administrator determines appropriate.
       ``(o) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this section--

[[Page S7743]]

       ``(A) $4,000,000 for the first fiscal year beginning after 
     the date of enactment of the Economic Justice Act;
       ``(B) $7,500,000 for the second fiscal year beginning after 
     such date of enactment; and
       ``(C) $12,000,000 for each of the third, fourth, and fifth 
     fiscal years beginning after such date of enactment.
       ``(2) Administrative expenses.--Of the amount made 
     available to carry out this section for any fiscal year, not 
     more than 10 percent may be used by the Administrator for 
     administrative expenses.''.
       (b) Regulations.--The Administrator shall promulgate 
     regulations to carry out section 49 of the Small Business 
     Act, as added by subsection (a).

     SEC. 4103. OFFICE OF EMERGING MARKETS.

       Section 7 of the Small Business Act (15 U.S.C. 636) is 
     amended by adding at the end the following:
       ``(o) Office of Emerging Markets.--
       ``(1) Purpose.--The purpose of this office is to reduce the 
     access to capital gap by providing an integrated approach to 
     the development of small business concerns in underserved 
     markets, including minority- and women-owned businesses, 
     implementing strategy and providing guidance so they do not 
     get left behind.
       ``(2) Definitions.--In this subsection--
       ``(A) the term `Associate Administrator' means the 
     Associate Administrator of the Office of Capital Access of 
     the Administration;
       ``(B) the term `Director' means the Director of the Office 
     of Emerging Markets;
       ``(C) the term `microloan program' means the program 
     described in subsection (m);
       ``(D) the terms `new business' and `small business concern 
     in an underserved market' have the meanings given those terms 
     in subsection (a)(37);
       ``(E) the term `Reservist' means a member of a reserve 
     component of the Armed Forces named in section 10101 of title 
     10, United States Code;
       ``(F) the term `rural area' has the meaning given the term 
     in subsection (m)(11);
       ``(G) the term `service-connected' has the meaning given 
     the term in section 101 of title 38, United States Code; and
       ``(H) the term `small business concern owned and controlled 
     by socially and economically disadvantaged individuals' has 
     the meaning given the term in section 8(d)(3)(C).
       ``(3) Establishment.--There is established within the 
     Administration the Office of Emerging Markets, which shall 
     be--
       ``(A) under the general management and oversight of the 
     Administration; and
       ``(B) responsible for the planning, coordination, 
     implementation, evaluation, and improvement of the efforts of 
     the Administrator to enhance the economic well-being of small 
     business concerns in an underserved market.
       ``(4) Purposes.--The purposes of the Office of Emerging 
     Markets are--
       ``(A) to provide the Administration with an integrated 
     approach to the development of small business concerns in an 
     underserved market;
       ``(B) to reignite economic opportunity for underserved 
     markets, particularly after an economic downturn; and
       ``(C) to oversee the expansion of access to capital 
     programs that meet the needs of underserved markets.
       ``(5) Director.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator shall 
     appoint a Director of the Office of Emerging Markets, who 
     shall--
       ``(i) supervise the Office of Emerging Markets and report 
     to the Associate Administrator; and
       ``(ii) be in the Senior Executive Service.
       ``(B) Duties.--The Director shall--
       ``(i) create and implement strategies and programs that 
     provide an integrated approach to the development of small 
     business concerns in an underserved market;
       ``(ii) develop and recommend policies concerning the 
     microloan program and any other access to capital program of 
     the Administration, as such programs pertain to small 
     business concerns in an underserved market;
       ``(iii) establish partnerships to advance the goal of 
     improving the economic success of small business concerns in 
     an underserved market;
       ``(iv) review the effectiveness and impact of the microloan 
     program and any other access to capital program of the 
     Administration that is targeted to serve small business 
     concerns in an underserved market; and
       ``(v) within 1 year of the establishment of the Office--

       ``(I) create a proposal, in collaboration with lenders 
     under section 7(a) and any association that represents those 
     lenders, for how those lenders should incorporate alternative 
     metrics to traditional credit scores for the purposes of 
     determining approvals under section 7(a); and
       ``(II) put forward a public plan for how the Administration 
     will adequately reach the access to capital needs of 
     underserved markets.

       ``(C) Consultation.--In carrying out the duties under this 
     paragraph, the Director shall consult with district offices 
     of the Administration.''.

     SEC. 4104. SBIC DIVERSITY WORKING GROUP.

       (a) Definitions.--In this section--
       (1) the term ``Administration'' means the Small Business 
     Administration;
       (2) the term ``Administrator'' means the Administrator of 
     the Administration; and
       (3) the term ``small business investment company'' has the 
     meaning given the term in section 103 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662).
       (b) Working Group.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall establish an 
     SBIC Diversity Working Group (referred to in this subsection 
     as the ``Working Group''), which shall--
       (A) include--
       (i) representatives among general partners of small 
     business investment companies with a demonstrated record of 
     promoting diversity at those companies;
       (ii) representatives from small business investment 
     companies with a demonstrated record of investing in small 
     business concerns with not less than 1 owner or president who 
     is socially or economically disadvantaged, as determined 
     under section 8(a) of the Small Business Act (15 U.S.C. 
     637(a));
       (iii) representatives from small business investment 
     companies with substantial experience with respect to the 
     program carried out under title III of the Small Business 
     Investment Act of 1958 (15 U.S.C. 681 et seq.);
       (iv) representatives from the Office of Investment and 
     Innovation of the Administration; and
       (v) representatives from the investment industry and 
     academia with expertise in developing and monitoring 
     diversity in the investment industry;
       (B) develop recommendations regarding how the Administrator 
     could increase the number of--
       (i) applicants to become small business investment 
     companies, the management of which includes individuals who 
     are socially or economically disadvantaged; and
       (ii) the number of general partners at small business 
     investment companies who are socially or economically 
     disadvantaged individuals;
       (C) develop recommendations for paid internships at the 
     Office of Investment and Innovation of the Administration and 
     paid apprenticeships at small business investment companies 
     to build a pipeline of investment managers who are diverse;
       (D) develop incentives for small business investment 
     companies to invest in socially and economically 
     disadvantaged small business concerns, as defined in section 
     8(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A)); 
     and
       (E) establish metrics of success, and benchmarks for 
     success, with respect to the goals described in this section.
       (2) Availability of meetings.--The Working Group may make 
     the meetings of the Working Group open to the public without 
     regard to whether those meetings are held in-person, 
     virtually, or by some other means.
       (3) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Working Group shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report that includes--
       (A) the recommendations of the Working Group developed 
     under paragraph (1); and
       (B) a recommended plan and timeline for implementing the 
     recommendations described in subparagraph (A).
       (4) Termination.--The Working Group shall terminate on the 
     date on which the Working Group submits the report required 
     under paragraph (3).
       (5) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply with respect to the Working Group or the activities of 
     the Working Group.

                Subtitle B--Minority Business Resiliency

     SEC. 4201. SHORT TITLE.

       This subtitle may be cited as the ``Minority Business 
     Resiliency Act of 2020''.

     SEC. 4202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) During times of economic downturn or recession, 
     communities of color, and businesses within those 
     communities, are generally more adversely affected, which 
     requires an expansion of the ability of the Federal 
     Government to infuse resources into those communities.
       (2) Despite the growth in the number of minority business 
     enterprises, gaps remain with respect to key metrics for 
     those enterprises, such as access to capital, revenue, number 
     of employees, and survival rate. Specifically--
       (A) according to the Department of Commerce, minority 
     business enterprises are 2 to 3 times more likely to be 
     denied loans than non-minority business enterprises;
       (B) according to the Bureau of the Census, the average non-
     minority business enterprise reports receipts that are more 
     than 3 times higher than receipts reported by the average 
     minority business enterprise; and
       (C) according to the Kauffman Foundation--
       (i) minority business enterprises are \1/2\ as likely to 
     employ individuals, as compared with non-minority business 
     enterprises; and
       (ii) if minorities started and owned businesses at the same 
     rate as non-minorities, the United States economy would have 
     more than 1,000,000 additional employer businesses and more 
     than 9,500,000 additional jobs.
       (3) Because of the conditions described in paragraph (2), 
     it is in the interest of the United States and the economy of 
     the United

[[Page S7744]]

     States to expeditiously ameliorate the disparities that 
     minority business enterprises experience.
       (4) Many individuals who own minority business enterprises 
     are socially disadvantaged because those individuals identify 
     as members of certain groups that have suffered the effects 
     of discriminatory practices or similar circumstances over 
     which those individuals have no control, including 
     individuals who are--
       (A) Black or African American;
       (B) Hispanic or Latino;
       (C) American Indian or Alaska Native;
       (D) Asian; and
       (E) Native Hawaiian or other Pacific Islander.
       (5) Discriminatory practices and similar circumstances 
     described in paragraph (4) are a significant determinant of 
     overall economic disadvantage in the United States, which is 
     evident in the persistent racial wealth gap in the United 
     States.
       (6) While other Federal agencies focus only on small 
     businesses and businesses that represent a broader 
     demographic than solely minority business enterprises, the 
     Agency focuses exclusively on--
       (A) the unique needs of minority business enterprises; and
       (B) enhancing the capacity of minority business 
     enterprises.
       (b) Purposes.--The purposes of this subtitle are to--
       (1) require the Agency to promote and administer programs 
     in the public and private sectors to assist the development 
     of minority business enterprises; and
       (2) achieve the development described in paragraph (1) by 
     authorizing the Assistant Secretary to carry out programs 
     that will result in increased access to capital, management, 
     and technology for minority business enterprises.

     SEC. 4203. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``Agency'' means the Minority 
     Business Development Agency of the Department of Commerce.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Minority 
     Business Development who is appointed as described in section 
     4204(b) to administer this subtitle.
       (3) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (4) Federally recognized area of economic distress.--The 
     term ``federally recognized area of economic distress'' 
     means--
       (A) a HUBZone, as that term is defined in section 31(b) of 
     the Small Business Act (15 U.S.C. 657a(b));
       (B) an area that--
       (i) has been designated as--

       (I) an empowerment zone under section 1391 of the Internal 
     Revenue Code of 1986; or
       (II) a Promise Zone by the Secretary of Housing and Urban 
     Development; or

       (ii) is a low or moderate income area, as determined by the 
     Bureau of the Census;
       (C) a qualified opportunity zone, as that term is defined 
     in section 1400Z-1 of the Internal Revenue Code of 1986; or
       (D) any other political subdivision or unincorporated area 
     of a State determined by the Assistant Secretary to be an 
     area of economic distress.
       (5) Indian tribe.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``Indian Tribe'' has the meaning given the term ``Indian 
     tribe'' in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       (B) Native hawaiian organization.--The term ``Indian 
     Tribe'' includes a Native Hawaiian organization.
       (6) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (7) Minority business enterprise.--The term ``minority 
     business enterprise'' means a for-profit business 
     enterprise--
       (A) that is not less than 51 percent-owned by 1 or more 
     socially disadvantaged individuals; and
       (B) the management and daily business operations of which 
     are controlled by 1 or more socially disadvantaged 
     individuals.
       (8) Private sector entity.--The term ``private sector 
     entity''--
       (A) means an entity that is not a public sector entity; and
       (B) does not include--
       (i) the Federal Government;
       (ii) any Federal agency; or
       (iii) any instrumentality of the Federal Government.
       (9) Public sector entity.--The term ``public sector 
     entity'' means--
       (A) a State;
       (B) an agency of a State;
       (C) a political subdivision of a State; or
       (D) an agency of a political subdivision of a State.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (11) Socially disadvantaged individual.--
       (A) In general.--The term ``socially disadvantaged 
     individual'' means an individual who has been subjected to 
     racial or ethnic prejudice or cultural bias because of the 
     identity of the individual as a member of a group, without 
     regard to any individual quality of the individual that is 
     unrelated to that identity.
       (B) Presumption.--In carrying out this subtitle, the 
     Assistant Secretary shall presume that the term ``socially 
     disadvantaged individual'' includes any individual who is--
       (i) Black or African American;
       (ii) Hispanic or Latino;
       (iii) American Indian or Alaska Native;
       (iv) Asian;
       (v) Native Hawaiian or other Pacific Islander; or
       (vi) a member of a group that the Minority Business 
     Development Agency determines under part 1400 of title 15, 
     Code of Federal Regulations, as in effect on November 23, 
     1984, is a socially disadvantaged group eligible to receive 
     assistance.
       (12) State.--The term ``State'' means--
       (A) each of the States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) the United States Virgin Islands;
       (E) Guam;
       (F) American Samoa;
       (G) the Commonwealth of the Northern Mariana Islands; and
       (H) each Indian Tribe.

     SEC. 4204. MINORITY BUSINESS DEVELOPMENT AGENCY.

       (a) In General.--There is within the Department of Commerce 
     the Minority Business Development Agency.
       (b) Assistant Secretary.--
       (1) Appointment and duties.--The Agency shall be headed by 
     an Assistant Secretary of Commerce for Minority Business 
     Development, who shall be--
       (A) appointed by the President, by and with the advice and 
     consent of the Senate; and
       (B) except as otherwise expressly provided, responsible for 
     the administration of this subtitle.
       (2) Compensation.--The Assistant Secretary shall be 
     compensated at an annual rate of basic pay prescribed for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.
       (c) Report to Congress.--Not later than 120 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a report that describes--
       (1) the organizational structure of the Agency;
       (2) the organizational position of the Agency within the 
     Department of Commerce; and
       (3) a description of how the Agency shall function in 
     relation to the operations carried out by each other 
     component of the Department of Commerce.
       (d) Office of Business Centers.--
       (1) Establishment.--There is established within the Agency 
     an Office of Business Centers.
       (2) Director.--The Office of Business Centers shall be 
     administered by a Director, who shall be appointed by the 
     Assistant Secretary.
       (e) Offices of the Agency.--
       (1) In general.--The Assistant Secretary shall establish 
     such other offices within the Agency as are necessary to 
     carry out this subtitle.
       (2) Regional offices.--
       (A) In general.--In order to carry out this subtitle, the 
     Assistant Secretary may establish a regional office of the 
     Agency for each of the regions of the United States, as 
     determined by the Assistant Secretary.
       (B) Duties.--Each regional office established under 
     subparagraph (A) shall expand the reach of the Agency and 
     enable the Federal Government to better serve the needs of 
     minority business enterprises in the region served by the 
     office, including by--
       (i) understanding and participating in the business 
     environment of that region;
       (ii) working with--

       (I) Centers, as that term is defined in section 4232, that 
     are located in that region; and
       (II) resource and lending partners of the Small Business 
     Administration that are located in that region;

       (iii) being aware of business retention or expansion 
     programs specific to that region;
       (iv) seeking out opportunities to collaborate with regional 
     public and private programs that focus on minority business 
     enterprises; and
       (v) promoting business continuity and preparedness.

                   CHAPTER 1--COVID-19 RAPID RESPONSE

     SEC. 4211. EMERGENCY APPROPRIATION.

       There is appropriated to the Agency for fiscal year 2021, 
     out of any money in the Treasury not otherwise appropriated, 
     $60,000,000 to provide assistance to minority business 
     enterprises affected by the economic downturn caused by the 
     COVID-19 pandemic, which shall remain available until 
     expended.

                    CHAPTER 2--EXISTING INITIATIVES

      Subchapter A--Market Development, Research, and Information

     SEC. 4221. PRIVATE SECTOR DEVELOPMENT.

       The Assistant Secretary shall, whenever the Assistant 
     Secretary determines such action is necessary or 
     appropriate--
       (1) assist minority business enterprises to penetrate 
     domestic and foreign markets by making available to those 
     business enterprises, either directly or in cooperation with 
     private sector entities, including community-based 
     organizations and national nonprofit organizations--
       (A) resources relating to management;
       (B) technological assistance;
       (C) financial and marketing services; and
       (D) services relating to workforce development;
       (2) encourage minority business enterprises to establish 
     joint ventures and projects--
       (A) with other minority business enterprises; or
       (B) in cooperation with public sector entities or private 
     sector entities, including

[[Page S7745]]

     community-based organizations and national nonprofit 
     organizations, to increase the share of any market activity 
     being performed by minority business enterprises; and
       (3) facilitate the efforts of private sector entities and 
     Federal agencies to advance the growth of minority business 
     enterprises.

     SEC. 4222. PUBLIC SECTOR DEVELOPMENT.

       The Assistant Secretary shall, whenever the Assistant 
     Secretary determines such action is necessary or 
     appropriate--
       (1) consult and cooperate with public sector entities for 
     the purpose of leveraging resources available in the 
     jurisdictions of those public sector entities to promote the 
     position of minority business enterprises in the local 
     economies of those public sector entities, including by 
     assisting public sector entities to establish or enhance--
       (A) programs to procure goods and services through minority 
     business enterprises and goals for that procurement;
       (B) programs offering assistance relating to--
       (i) management;
       (ii) technology;
       (iii) financing;
       (iv) marketing; and
       (v) workforce development; and
       (C) informational programs designed to inform minority 
     business enterprises located in the jurisdictions of those 
     public sector entities about the availability of programs 
     described in this section;
       (2) meet with leaders and officials of public sector 
     entities for the purpose of recommending and promoting local 
     administrative and legislative initiatives needed to advance 
     the position of minority business enterprises in the local 
     economies of those public sector entities; and
       (3) facilitate the efforts of public sector entities and 
     Federal agencies to advance the growth of minority business 
     enterprises.

     SEC. 4223. RESEARCH AND INFORMATION.

       (a) In General.--In order to achieve the purposes of this 
     subtitle, the Assistant Secretary--
       (1) shall--
       (A) collect and analyze data, including data relating to 
     the causes of the success or failure of minority business 
     enterprises;
       (B) perform evaluations of programs carried out by Federal 
     agencies with an emphasis on increasing coordination between 
     Federal agencies with respect to the development of minority 
     business enterprises; and
       (C) conduct research, studies, and surveys of--
       (i) economic conditions generally in the United States; and
       (ii) how the conditions described in clause (i) 
     particularly affect the development of minority business 
     enterprises; and
       (2) may, at the request of a public sector entity or a 
     private sector entity, perform an evaluation of programs 
     carried out by the entity that are designed to assist the 
     development of minority business enterprises.
       (b) Information Clearinghouse.--The Assistant Secretary 
     shall--
       (1) establish and maintain an information clearinghouse for 
     the collection and dissemination of demographic, economic, 
     financial, managerial, and technical data relating to 
     minority business enterprises; and
       (2) take such steps as the Assistant Secretary may 
     determine to be necessary and desirable to search for, 
     collect, classify, coordinate, integrate, record, and catalog 
     the data described in paragraph (1).

       Subchapter B--Minority Business Development Center Program

     SEC. 4231. PURPOSE.

       The purpose of the MBDC Program shall be to create a 
     national network of public-private partnerships that--
       (1) assist minority business enterprises to--
       (A) access capital and contracts; and
       (B) create and maintain jobs;
       (2) provide counseling and mentoring to minority business 
     enterprises; and
       (3) facilitate the growth of minority business enterprises 
     by promoting trade.

     SEC. 4232. DEFINITIONS.

       In this subtitle:
       (1) Center.--The term ``Center'' means an eligible entity 
     that enters into an MBDC agreement with the Assistant 
     Secretary.
       (2) Eligible entity.--Except as otherwise expressly 
     provided, the term ``eligible entity''--
       (A) means--
       (i) a private sector entity; or
       (ii) a public sector entity; and
       (B) includes an institution of higher education.
       (3) MBDC agreement.--The term ``MBDC agreement'' means a 
     collaborative agreement entered into between the Assistant 
     Secretary and a Center under the MBDC Program.
       (4) MBDC program.--The term ``MBDC Program'' means the 
     program established under section 4233.

     SEC. 4233. ESTABLISHMENT.

       (a) In General.--Subject to subsection (b), there is 
     established in the Agency a program--
       (1) that shall be known as the Minority Business 
     Development Centers Program;
       (2) that shall be separate and distinct from the efforts of 
     the Assistant Secretary under section 4221; and
       (3) under which the Assistant Secretary shall enter into 
     cooperative agreements with eligible entities under which, in 
     accordance with section 4234--
       (A) the eligible entities shall provide technical 
     assistance and business development services to minority 
     business enterprises; and
       (B) the Assistant Secretary shall provide financial 
     assistance to the eligible entities to carry out the 
     activities described in subparagraph (A).
       (b) Coverage.--The Assistant Secretary shall take all 
     necessary actions to ensure that the MBDC Program, in 
     accordance with section 4234, offers the services described 
     in subsection (a)(3)(A) in all regions of the United States.
       (c) Scope of Authority.--The authority of the Assistant 
     Secretary to enter into MBDC agreements shall be effective 
     each fiscal year only to the extent that amounts are made 
     available to the Assistant Secretary under applicable 
     appropriations Acts.

     SEC. 4234. COOPERATIVE AGREEMENTS.

       (a) Requirements.--A Center shall, using financial 
     assistance awarded to the Center under an MBDC agreement--
       (1) provide to minority business enterprises programs and 
     services determined to be appropriate by the Assistant 
     Secretary, which--
       (A) shall include referral services to meet the needs of 
     minority business enterprises; and
       (B) may include programs and services to accomplish the 
     goals described in section 4221(1);
       (2) develop, cultivate, and maintain a network of strategic 
     partnerships with organizations that foster access by 
     minority business enterprises to economic markets or 
     contracts;
       (3) continue to upgrade and modify the services provided by 
     the Center, as necessary, in order to meet the changing and 
     evolving needs of the business community;
       (4) collaborate with other Centers; and
       (5) in providing programs and services under the MBDC 
     agreement--
       (A) operate on a fee-for-service basis; and
       (B) generate income through the collection of--
       (i) client fees;
       (ii) membership fees;
       (iii) success fees; and
       (iv) any other appropriate fees proposed by the Center in 
     the application submitted by the Center for the MBDC 
     agreement.
       (b) Term.--Subject to subsection (g), the term of an MBDC 
     agreement shall be 3 years.
       (c) Financial Assistance.--
       (1) Minimum amount.--Subject to paragraph (2), the amount 
     of financial assistance provided by the Assistant Secretary 
     under an MBDC agreement shall be not less than $250,000 for 
     the term of the MBDC agreement.
       (2) Additional amounts.--In determining whether to award 
     financial assistance under an MBDC agreement to a Center in 
     an amount greater than $250,000, the Assistant Secretary 
     shall take into consideration the cost of living and the size 
     of the population in the area in which the Center is located.
       (3) Matching requirement.--
       (A) In general.--A Center shall match not less than \1/3\ 
     of the amount of the financial assistance awarded to the 
     Center under an MBDC agreement.
       (B) Form of funds.--A Center may meet the matching 
     requirement under subparagraph (A) using cash or in-kind 
     contributions, without regard to whether the contribution is 
     made by a third party.
       (4) Use of financial assistance and program income.--A 
     Center shall use--
       (A) all financial assistance awarded to the Center under an 
     MBDC agreement to carry out the requirements under subsection 
     (a); and
       (B) all income that the Center generates in carrying out 
     the requirements under subsection (a)--
       (i) to meet the matching requirement under paragraph (3) of 
     this subsection; and
       (ii) if the Center meets the matching requirement under 
     paragraph (3) of this subsection, to carry out the 
     requirements under subsection (a).
       (d) Criteria for Selection.--The Assistant Secretary 
     shall--
       (1) establish--
       (A) criteria that--
       (i) the Assistant Secretary shall use in determining 
     whether to enter into an MBDC agreement with an eligible 
     entity; and
       (ii) may include criteria relating to whether an eligible 
     entity is located in--

       (I) an area, the population of which is composed of not 
     less than 51 percent socially disadvantaged individuals;
       (II) a federally recognized area of economic distress; or
       (III) a State that is underserved with respect to the MBDC 
     program, as defined by the Assistant Secretary; and

       (B) standards relating to the consideration given to the 
     criteria established under subparagraph (A); and
       (2) make the criteria and standards established under 
     paragraph (1) publicly available, including--
       (A) on the website of the Agency; and
       (B) in each solicitation for applications for MBDC 
     agreements.
       (e) Applications.--An eligible entity desiring to enter 
     into an MBDC agreement shall submit to the Assistant 
     Secretary an application that includes--
       (1) a statement of--
       (A) how the eligible entity will meet the requirements 
     under subsection (a); and
       (B) any experience of the eligible entity in--
       (i) assisting minority business enterprises to--

       (I) obtain--

[[Page S7746]]

       (aa) large-scale contracts or procurements; or
       (bb) financing;

       (II) access established supply chains; and
       (III) engage in--

       (aa) joint ventures, teaming arrangements, and mergers and 
     acquisitions; or
       (bb) large-scale transactions in global markets; and
       (ii) advocating for minority business enterprises; and
       (2) the budget and corresponding budget narrative that the 
     eligible entity will use in carrying out the requirements 
     under subsection (a) during the term of the MBDC agreement.
       (f) Notification.--If the Assistant Secretary grants an 
     application of an eligible entity submitted under subsection 
     (e), the Assistant Secretary shall notify the eligible entity 
     that the application has been granted not later than 150 days 
     after the last day on which an application may be submitted 
     under that subsection.
       (g) Program Examination; Accreditation; Extensions.--
       (1) Examination.--Not later than 180 days after the date of 
     enactment of this Act, and biennially thereafter, the 
     Assistant Secretary shall conduct a programmatic financial 
     examination of each Center.
       (2) Accreditation.--The Assistant Secretary may provide 
     financial support, by contract or otherwise, to an 
     association, not less than 51 percent of the members of which 
     are Centers, to--
       (A) pursue matters of common concern with respect to 
     Centers; and
       (B) develop an accreditation program with respect to 
     Centers.
       (3) Extensions.--
       (A) In general.--The Assistant Secretary may extend the 
     term under subsection (b) of an MBDC agreement to which a 
     Center is a party to a term of 5 years, if the Center 
     consents to the extension.
       (B) Financial assistance.--If the Assistant Secretary 
     extends the term of an MBDC agreement under paragraph (1), 
     the Assistant Secretary shall, in the same manner and amount 
     in which financial assistance was provided during the initial 
     term of the MBDC agreement, provide financial assistance 
     under the MBDC agreement during the extended term of the MBDC 
     agreement.
       (h) Priority.--In entering into MBDC agreements under the 
     MBDC Program and extending MBDC agreements under subsection 
     (g)(3), the Assistant Secretary shall give priority to 
     extending MBDC agreements under subsection (g)(3).
       (i) Suspension, Termination, and Refusal to Extend.--
       (1) In general.--
       (A) In general.--The Assistant Secretary may suspend, 
     terminate, or refuse to extend the term of an MBDC agreement 
     on the basis of the poor performance by a Center in meeting 
     the performance goals established by the Secretary under 
     subparagraph (B).
       (B) Performance goals.--The Assistant Secretary shall 
     establish performance goals by which to evaluate the 
     performance of a Center in meeting the requirements under 
     subsection (a).
       (2) Notice.--Before suspending, terminating, or refusing to 
     extend the term of an MBDC agreement under paragraph (1), the 
     Assistant Secretary shall provide to the relevant Center--
       (A) a written notice of the reasons for the suspension, 
     termination, or refusal; and
       (B) an opportunity for a hearing, appeal, or other 
     administrative proceeding to contest the suspension, 
     termination, or refusal.
       (j) MBDA Involvement.--The Assistant Secretary shall ensure 
     that the Agency is substantially involved in the activities 
     of Centers in carrying out the requirements under subsection 
     (a), including by--
       (1) providing to each Center training relating to the MBDC 
     Program;
       (2) requiring that the operator and staff of each Center--
       (A) attend--
       (i) a conference with the Agency to establish the services 
     and programs that the Center will provide in carrying out the 
     requirements before the date on which the Center begins 
     providing those services and programs; and
       (ii) training provided under paragraph (1);
       (B) receive necessary advising relating to carrying out the 
     requirements under subsection (a); and
       (C) work in coordination and collaboration with the 
     Assistant Secretary to carry out the MBDC Program and other 
     programs of the Agency;
       (3) facilitating connections between Centers and--
       (A) Federal agencies other than the Agency, including the 
     Small Business Administration and the Economic Development 
     Administration of the Department of Commerce; and
       (B) other institutions or entities that use Federal 
     resources, including--
       (i) small business development centers, as that term is 
     defined in section 3(t) of the Small Business Act (15 U.S.C. 
     632(t));
       (ii) women's business centers described in section 29 of 
     the Small Business Act (15 U.S.C. 656);
       (iii) eligible entities, as that term is defined in section 
     2411 of title 10, United States Code, that provide services 
     under the program carried out under chapter 142 of that 
     title; and
       (iv) entities participating in the Hollings Manufacturing 
     Extension Partnership Program established under section 25 of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 278k);
       (4) monitoring projects carried out by each Center; and
       (5) establishing and enforcing administrative and reporting 
     requirements for each Center to carry out the requirements 
     under subsection (a).
       (k) Regulations.--The Assistant Secretary shall issue and 
     publish regulations that establish minimum standards 
     regarding verification of minority business enterprise status 
     for clients of entities operating under the MBDC Program.

     SEC. 4235. MINIMIZING DISRUPTIONS TO EXISTING BUSINESS 
                   CENTERS PROGRAM.

       The Assistant Secretary shall ensure that each cooperative 
     agreement entered into under the Business Centers program of 
     the Agency that is in effect on the day before the date of 
     enactment of this Act is carried out in a manner that, to the 
     greatest extent practicable, prevents disruption of any 
     activity carried out under the cooperative agreement.

     SEC. 4236. PUBLICITY.

       In carrying out the MBDC Program, the Assistant Secretary 
     shall widely publicize the MBDC Program, including--
       (1) on the website of the Agency; and
       (2) via social media outlets.

     SEC. 4237. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Assistant 
     Secretary $30,000,000 for each of fiscal years 2021 through 
     2024 to carry out the MBDC Program, including the component 
     of the program relating to Specialty Centers.

CHAPTER 3--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY 
                               BUSINESSES

     SEC. 4241. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL 
                   FORMATION.

       (a) Responsibility of Agency.--Not later than 18 months 
     after the date of enactment of this Act, and annually 
     thereafter, the Agency shall conduct a Government-business 
     forum to review the current status of problems and programs 
     relating to capital formation by minority business 
     enterprises.
       (b) Participation in Forum Planning.--The Assistant 
     Secretary shall invite the heads of other Federal agencies, 
     such as the Chairman of the Securities and Exchange 
     Commission, the Secretary of the Treasury, and the Chairman 
     of the Board of Governors of the Federal Reserve System, 
     organizations representing State securities commissioners, 
     representatives of leading minority chambers of commerce, 
     business organizations, and professional organizations 
     concerned with capital formation to participate in the 
     planning of each forum conducted under subsection (a).
       (c) Preparation of Statements and Reports.--
       (1) Requests.--The Assistant Secretary may request that any 
     head of a Federal department, agency, or organization, 
     including those described in subsection (b), or any other 
     group or individual, prepare a statement or report to be 
     delivered at any forum conducted under subsection (a).
       (2) Cooperation.--Any head of a Federal department, agency, 
     or organization who receives a request under paragraph (1) 
     shall, to the greatest extent practicable, cooperate with the 
     Assistant Secretary to fulfill that request.
       (d) Transmittal of Proceedings and Findings.--The Assistant 
     Secretary shall--
       (1) prepare a summary of the proceedings of each forum 
     conducted under subsection (a), which shall include the 
     findings and recommendations of the forum; and
       (2) transmit the summary described in paragraph (1) with 
     respect to each forum conducted under subsection (a) to--
       (A) the participants in the forum;
       (B) Congress; and
       (C) the public, through a publicly available website.
       (e) Review of Findings and Recommendations; Public 
     Statements.--
       (1) In general.--A Federal agency to which a finding or 
     recommendation described in subsection (d)(1) relates shall--
       (A) review that finding or recommendation; and
       (B) promptly after the finding or recommendation is 
     transmitted under paragraph (2)(C) of subsection (d), issue a 
     public statement--
       (i) assessing the finding or recommendation; and
       (ii) disclosing the action, if any, the Federal agency 
     intends to take with respect to the finding or 
     recommendation.
       (2) Joint statement permitted.--If a finding or 
     recommendation described in subsection (d)(1) relates to more 
     than 1 Federal agency, the applicable Federal agencies may, 
     for the purposes of the public statement required under 
     paragraph (1)(B), issue a joint statement.

     SEC. 4242. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.

       (a) Purpose.--The purpose of this section is to provide 
     information relating to alternative financing solutions to 
     minority business enterprises, as those business enterprises 
     are more likely to struggle in accessing, particularly at 
     affordable rates, traditional sources of capital.
       (b) Study and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Assistant Secretary shall--

[[Page S7747]]

       (1) conduct a study on opportunities for providing 
     alternative financing solutions to minority business 
     enterprises; and
       (2) submit to Congress, and publish on the website of the 
     Agency, a report describing the findings of the study carried 
     out under paragraph (1).

     SEC. 4243. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND 
                   ENTREPRENEURSHIP.

       (a) Duties.--The Assistant Secretary shall, whenever the 
     Assistant Secretary determines such action is necessary or 
     appropriate--
       (1) promote and provide assistance for the education and 
     training of socially disadvantaged individuals in subjects 
     directly relating to business administration and management;
       (2) join with, and encourage, institutions of higher 
     education, leaders in business and industry, and other public 
     sector and private sector entities, particularly minority 
     business enterprises, to--
       (A) develop programs to offer scholarships and fellowships, 
     apprenticeships, and internships relating to business to 
     socially disadvantaged individuals; and
       (B) sponsor seminars, conferences, and similar activities 
     relating to business for the benefit of socially 
     disadvantaged individuals;
       (3) stimulate and accelerate curriculum design and 
     improvement in support of development of minority business 
     enterprises; and
       (4) encourage and assist private institutions and 
     organizations and public sector entities to undertake 
     activities similar to the activities described in paragraphs 
     (1), (2), and (3).
       (b) Parren J. Mitchell Entrepreneurship Education Grants.--
       (1) Definition.--In this subsection, the term ``eligible 
     institution'' means an institution of higher education 
     described in any of paragraphs (1) through (7) of section 
     371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       (2) Grants.--The Assistant Secretary shall award grants to 
     eligible institutions to develop and implement 
     entrepreneurship curricula.
       (3) Requirements.--An eligible institution that receives a 
     grant awarded under this subsection shall use the grant funds 
     to--
       (A) develop a curriculum that includes training in various 
     skill sets needed by contemporary successful entrepreneurs, 
     including--
       (i) business management and marketing;
       (ii) financial management and accounting;
       (iii) market analysis;
       (iv) competitive analysis;
       (v) innovation;
       (vi) strategic planning; and
       (vii) any other skill set that the eligible institution 
     determines is necessary for the students served by the 
     eligible institution and the community in which the eligible 
     institution is located; and
       (B) implement the curriculum developed under subparagraph 
     (A) at the eligible institution.
       (4) Implementation timeline.--The Assistant Secretary shall 
     establish and publish a timeline under which an eligible 
     institution that receives a grant under this section shall 
     carry out the requirements under paragraph (3).
       (5) Reports.--Each year, the Assistant Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives, as part of the 
     annual budget submission of the President under section 
     1105(a) of title 31, United States Code, a report evaluating 
     the awarding and use of grants under this subsection during 
     the fiscal year immediately preceding the date on which the 
     report is submitted, which shall include, with respect to 
     that fiscal year--
       (A) a description of each curriculum developed and 
     implemented under each grant awarded under this section;
       (B) the date on which each grant awarded under this section 
     was awarded; and
       (C) the number of eligible entities that were recipients of 
     grants awarded under this section.

CHAPTER 4--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

     SEC. 4251. ADMINISTRATIVE POWERS.

       (a) In General.--In carrying out this subtitle, the 
     Assistant Secretary may--
       (1) adopt and use a seal for the Agency, which shall be 
     judicially noticed;
       (2) hold hearings, sit and act, and take testimony as the 
     Assistant Secretary may determine to be necessary or 
     appropriate to carry out this subtitle;
       (3) acquire, in any lawful manner, any property that the 
     Assistant Secretary may determine to be necessary or 
     appropriate to carry out this subtitle;
       (4) make advance payments under grants, contracts, and 
     cooperative agreements awarded under this subtitle;
       (5) enter into agreements with other Federal agencies;
       (6) coordinate with the heads of the Offices of Small and 
     Disadvantaged Business Utilization of Federal agencies;
       (7) require a coordinated review of all training and 
     technical assistance activities that are proposed to be 
     carried out by Federal agencies in direct support of the 
     development of minority business enterprises to--
       (A) ensure consistency with the purposes of this subtitle; 
     and
       (B) avoid duplication of existing efforts; and
       (8) prescribe such rules, regulations, and procedures as 
     the Agency may determine to be necessary or appropriate to 
     carry out this subtitle.
       (b) Employment of Certain Experts and Consultants.--
       (1) In general.--In carrying out this subtitle, the 
     Assistant Secretary may procure by contract the temporary or 
     intermittent services of experts or consultants or an 
     organization thereof, as authorized under section 3109 of 
     title 5, United States Code.
       (2) Renewal of contracts.--The Assistant Secretary may 
     annually renew a contract entered into under paragraph (1).
       (c) Donation of Property.--
       (1) In general.--Subject to paragraph (2), in carrying out 
     this subtitle, the Assistant Secretary may, without cost 
     (except for costs of care and handling), donate for use by 
     any public sector entity, or by any recipient nonprofit 
     organization, for the purpose of the development of minority 
     business enterprises, any real or tangible personal property 
     acquired by the Agency in carrying out this subtitle.
       (2) Terms, conditions, reservations, and restrictions.--The 
     Assistant Secretary may impose reasonable terms, conditions, 
     reservations, and restrictions upon the use of any property 
     donated under paragraph (1).

     SEC. 4252. FINANCIAL ASSISTANCE.

       (a) In General.--
       (1) Provision of financial assistance.--To carry out 
     sections 4221, 4222, and 4223(a), the Assistant Secretary may 
     provide financial assistance to public sector entities and 
     private sector entities in the form of contracts, grants, or 
     cooperative agreements.
       (2) Notice.--Not later than 120 days before the first day 
     of each fiscal year, the Assistant Secretary shall, in 
     accordance with subsection (b), broadly publish a statement 
     regarding financial assistance that will, or may, be made 
     available under paragraph (1) in the first fiscal year that 
     begins after the date on which the statement is published, 
     including--
       (A) the actual, or anticipated, amount of financial 
     assistance that will, or may, be made available;
       (B) the types of financial assistance that will, or may, be 
     made available;
       (C) the manner in which financial assistance will be 
     allocated among public sector entities and private sector 
     entities, as applicable; and
       (D) the methodology used by the Assistant Secretary to make 
     allocations under subparagraph (C).
       (3) Consultation.--The Assistant Secretary shall consult 
     with public sector entities and private sector entities, as 
     applicable, in deciding the amounts and types of financial 
     assistance to make available under paragraph (1).
       (b) Publicity.--In carrying out this section, the Assistant 
     Secretary shall broadly publicize all opportunities for 
     financial assistance available under this section, 
     including--
       (1) on the website of the Agency; and
       (2) via social media outlets.

     SEC. 4253. AUDITS.

       (a) Recordkeeping Requirement.--Each recipient of 
     assistance under this subtitle shall keep such records as the 
     Assistant Secretary shall prescribe, including records that 
     fully disclose, with respect to the assistance received by 
     the recipient under this subtitle--
       (1) the amount and nature of that assistance;
       (2) the disposition by the recipient of the proceeds of 
     that assistance;
       (3) the total cost of the undertaking for which the 
     assistance is given or used;
       (4) the amount and nature of the portion of the cost of the 
     undertaking described in paragraph (3) that is supplied by a 
     source other than the Agency; and
       (5) any other records that will facilitate an effective 
     audit of the assistance.
       (b) Access by Government Officials.--The Assistant 
     Secretary, the Inspector General of the Department of 
     Commerce, and the Comptroller General of the United States, 
     or any duly authorized representative of any such individual, 
     shall have access, for the purpose of audit, investigation, 
     and examination, to any book, document, paper, record, or 
     other material of a recipient of assistance under this 
     subtitle that pertains to the assistance received by the 
     recipient under this subtitle.

     SEC. 4254. REVIEW AND REPORT BY COMPTROLLER GENERAL.

       Not later than 4 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) conduct a thorough review of the programs carried out 
     under this subtitle; and
       (2) submit to Congress a detailed report of the findings of 
     the Comptroller General of the United States under the review 
     carried out under paragraph (1), which shall include--
       (A) an evaluation of the effectiveness of the programs in 
     achieving the purposes of this subtitle;
       (B) a description of any failure by any recipient of 
     assistance under this subtitle to comply with the 
     requirements under this subtitle; and
       (C) recommendations for any legislative or administrative 
     action that should be taken to improve the achievement of the 
     purposes of this subtitle.

[[Page S7748]]

  


     SEC. 4255. ANNUAL REPORTS; RECOMMENDATIONS.

       (a) Annual Report.--Not later than 90 days after the last 
     day of each fiscal year, the Assistant Secretary shall submit 
     to Congress, and publish on the website of the Agency, a 
     report of each activity of the Agency carried out under this 
     subtitle during the fiscal year preceding the date on which 
     the report is submitted.
       (b) Recommendations.--The Assistant Secretary shall 
     periodically submit to Congress and the President 
     recommendations for legislation or other actions that the 
     Assistant Secretary determines to be necessary or appropriate 
     to promote the purposes of this subtitle.

     SEC. 4256. SEPARABILITY.

       If a provision of this subtitle, or the application of a 
     provision of this subtitle to any person or circumstance, is 
     held by a court of competent jurisdiction to be invalid, that 
     judgment--
       (1) shall not affect, impair, or invalidate--
       (A) any other provision of this subtitle; or
       (B) the application of this subtitle to any other person or 
     circumstance; and
       (2) shall be confined in its operation to--
       (A) the provision of this subtitle with respect to which 
     the judgment is rendered; or
       (B) the application of the provision of this subtitle to 
     each person or circumstance directly involved in the 
     controversy in which the judgment is rendered.

     SEC. 4257. EXECUTIVE ORDER 11625.

       The powers and duties of the Agency shall be determined--
       (1) in accordance with this subtitle and the requirements 
     of this subtitle; and
       (2) without regard to Executive Order 11625 (36 Fed Reg. 
     19967; relating to prescribing additional arrangements for 
     developing and coordinating a national program for minority 
     business enterprise).

     SEC. 4258. AMENDMENT TO THE FEDERAL ACQUISITION STREAMLINING 
                   ACT OF 1994.

       Section 7104(c) of the Federal Acquisition Streamlining Act 
     of 1994 (15 U.S.C. 644a(c)) is amended by striking paragraph 
     (2) and inserting the following:
       ``(2) The Assistant Secretary of Commerce for Minority 
     Business Development.''.

                       Subtitle C--PRIME Program

     SEC. 4301. FUNDING FOR PRIME PROGRAM.

       Out of any money in the Treasury not otherwise 
     appropriated, there are appropriated, for each of fiscal 
     years 2021 and 2022, to the Administrator of the Small 
     Business Administration, $15,000,000 to carry out the PRIME 
     Act (15 U.S.C. 6901 et seq.).

     Subtitle D--Providing Real Opportunities for Growth to Rising 
                  Entrepreneurs for Sustained Success

     SEC. 4401. ANGEL INVESTOR TAX CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45U. ANGEL INVESTOR TAX CREDIT.

       ``(a) General Rule.--For purposes of section 38, the angel 
     investor credit determined under this section for any taxable 
     year is an amount equal to the sum of the credit amounts 
     determined for the taxable year for all qualified investments 
     of the taxpayer.
       ``(b) Credit Amount.--For purposes of this section--
       ``(1) In general.--The term `credit amount' means, with 
     respect to any qualified investment in a qualifying business 
     entity, the lesser of--
       ``(A) 10 percent of the amount of the qualified investment 
     determined under subsection (c)(3) for the taxable year, or
       ``(B) an amount equal to--
       ``(i) 50 percent of such qualified investment, reduced (but 
     not below zero) by
       ``(ii) the amount of the credit determined under this 
     section with respect to such qualified investment of the 
     taxpayer for all preceding taxable years.
       ``(2) Overall dollar limitation.--
       ``(A) In general.--The credit amount determined under 
     paragraph (1) with respect to any qualified investment of a 
     taxpayer in a qualifying business entity for any taxable year 
     shall not exceed the lesser of--
       ``(i) $10,000 (as increased for the taxable year by the 
     cost-of-living adjustment under subsection (e)(2)), or
       ``(ii) an amount equal to--

       ``(I) an amount equal to 5 times the amount under clause 
     (i) for the taxable year, reduced (but not below zero) by
       ``(II) the amount of the credit determined under this 
     section with respect to such qualified investment of the 
     taxpayer for all preceding taxable years.

       ``(B) No credit amount by reason of cost-of-living 
     adjustment after overall limit first reached.--No credit 
     amount shall be determined under this section with respect to 
     any qualified investment of a taxpayer in a qualifying 
     business entity for any taxable year after the first taxable 
     year for which the amount determined under subclause (II) of 
     subparagraph (A)(ii) equals or exceeds the amount determined 
     under subclause (I) of such subparagraph.
       ``(3) Reduction in credit amount where loan rate exceeds 
     prime rate.--
       ``(A) In general.--If--
       ``(i) the rate of interest (expressed as an annual 
     percentage rate) on a qualified investment which is a 
     qualifying loan, exceeds
       ``(ii) the bank prime rate as of the first day of the month 
     in which the loan is entered into (or such other time as the 
     Secretary may specify),
     then each of the amounts determined under subparagraphs (A) 
     and (B)(i) of paragraph (1) shall be reduced (but not below 
     zero) by the amount which bears the same ratio to such amount 
     as the number of full percentage points by which such rate of 
     interest exceeds such bank prime rate bears to 25.
       ``(B) Special rules where qualifying loans treated as part 
     of single investment.--If 1 or more qualifying loans to which 
     subparagraph (A) applies are treated as part of a single 
     qualified investment under subsection (c)(1), then, for 
     purposes of this subsection--
       ``(i) the credit amount under paragraph (1) for such single 
     qualified investment shall be the sum of such credit amounts 
     computed separately for each such qualifying loan and such 
     credit amount computed for all other qualified investments 
     treated as part of such single qualified investment, and
       ``(ii) the limitation under paragraph (2) shall be applied 
     to such sum.
       ``(C) Rules relating to interest rates.--
       ``(i) Annual percentage rate.--The Secretary shall 
     prescribe guidance or regulations for the calculation of the 
     annual percentage rate of interest on a loan for purposes of 
     subparagraph (A)(i), including rules which provide for--

       ``(I) the calculation of the annual percentage rate in 
     cases where there is a variable rate of interest,
       ``(II) the recalculation of the annual percentage rate 
     where the terms of the loan are modified after the loan is 
     entered into, and
       ``(III) the proper taking into account of lump sum 
     payments, orientation and application fees, closing fees, 
     invoice discounting fees, and any other loan fees.

       ``(ii) Bank prime rate.--For purposes of subparagraph 
     (A)(ii), the term `bank prime rate' means the average 
     predominant prime rate quoted by commercial banks to large 
     businesses, as determined by the Board of Governors of the 
     Federal Reserve System.
       ``(4) Special rules for pass-thru entities.--For purposes 
     of this subsection, if a qualified investment in a qualifying 
     business entity is made by a partnership, trust, S 
     corporation, or other pass-thru entity, the limitations under 
     this subsection with respect to the qualified investment 
     shall apply at the partnership or other entity level and not 
     at the partner or similar level.
       ``(c) Qualified Investment.--For purposes of this section--
       ``(1) In general.--The term `qualified investment' means, 
     with respect to any qualifying business entity, either of the 
     following of the taxpayer:
       ``(A) The direct or indirect acquisition of stock, or a 
     capital interest, in the entity at its original issue solely 
     in exchange for cash.
       ``(B) A qualifying loan made to the entity.
     If a taxpayer has or had more than 1 qualified investment in 
     any qualifying business entity for the taxable year or any 
     prior taxable year, all such investments shall be treated as 
     a single qualified investment for purposes of applying this 
     section.
       ``(2) Exception for investments made by qualified active 
     investors and related persons.--Such term shall not include 
     any acquisition or loan made by a taxpayer who, immediately 
     before the acquisition or loan, is a qualified active 
     investor in the qualifying business entity or is related to 
     any qualified active investor.
       ``(3) Amount of qualified investment.--The amount of a 
     taxpayer's qualified investment with respect to any 
     qualifying business entity for any taxable year shall be the 
     monthly average for months ending within the taxable year 
     of--
       ``(A) the taxpayer's aggregate unadjusted bases in all 
     stock or interests described in paragraph (1)(A) as of the 
     close of each such month, and
       ``(B) the aggregate outstanding principal amount of all 
     qualified loans described in paragraph (1)(B) as of the close 
     of each such month.
       ``(4) Special rules for transfers of qualifying loans.--
       ``(A) In general.--If a taxpayer sells, exchanges, or 
     otherwise transfers all or any portion of a qualifying loan 
     which is a qualified investment in a qualifying business 
     entity, such investment shall be treated as a qualified 
     investment in the hands of the transferee (and not of the 
     transferor) for periods after the transfer. This paragraph 
     shall also apply to any subsequent transfer of such interest.
       ``(B) Coordination of limits.--In applying subsection (b) 
     to any qualifying loan treated as a qualified investment of a 
     transferee under this paragraph--
       ``(i) all credits determined under this section for any 
     periods before the transfer with respect to the qualified 
     investment of any prior holder of such investment shall be 
     taken into account under paragraphs (1)(B)(ii) and 
     (2)(A)(ii)(II) of such subsection in the same manner as if 
     such credits were determined for the transferee for prior 
     taxable years, and
       ``(ii) if only a portion of the qualified investment was 
     transferred, the amount taken into account under such 
     paragraphs by reason of clause (i) shall be ratably reduced 
     to reflect only the portion so transferred.
       ``(d) Qualifying Business Entity.--For purposes of this 
     section--
       ``(1) Definition.--
       ``(A) In general.--The term `qualifying business entity' 
     means, with respect to any qualified investment, any entity 
     which is engaged in the active conduct of 1 or more trades or 
     businesses and with respect to which--

[[Page S7749]]

       ``(i) the qualified active investor ownership requirements 
     of paragraph (2) are met immediately before and after the 
     qualified investment,
       ``(ii) the wage requirements of paragraph (3) are met, and
       ``(iii) the certification requirements of paragraph (4) are 
     met.
       ``(B) Entities under common control.--For purposes of this 
     section, all qualifying business entities treated as a single 
     employer under subsection (a) or (b) of section 52 or 
     subsection (m) or (o) of section 414 shall be treated as a 
     single qualifying business entity.
       ``(2) Qualified active investor ownership requirements.--
     The requirements of this paragraph are met with respect to 
     any entity if qualified active investors own directly or 
     indirectly--
       ``(A) in the case of a corporation, more than 50 percent 
     (by vote and value) of the stock in the corporation, and
       ``(B) in the case of any other entity, more than 50 percent 
     of the capital or profits interests in the entity.
       ``(3) Wage requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met with respect to any entity if the entity, during the 
     taxable year of the entity preceding the taxable year in 
     which the qualified investment is made--
       ``(i) employed at least 1 full-time employee, or employees 
     constituting a full-time equivalent employee, in 1 or more 
     trades or businesses actively conducted by the entity, and
       ``(ii) paid W-2 wages to such employee or employees with 
     respect to such employment.
       ``(B) Certain wages not taken into account.--W-2 wages 
     shall not be taken into account under subparagraph (A) if 
     paid by an entity to an employee, and such employee shall not 
     be taken into account under subparagraph (A)(i), during any 
     period the employee is--
       ``(i) a qualified active investor, or
       ``(ii) an employee other than a qualified active investor 
     who is a 5-percent owner (as defined in section 
     416(i)(1)(B)(i)) of the entity.
       ``(C) W-2 wages.--The term `W-2 wages' means, with respect 
     to any entity, the amounts described in paragraphs (3) and 
     (8) of section 6051(a) paid by the entity with respect to 
     employment of employees by the entity. Such term shall not 
     include any amount which is not properly included in a return 
     filed with the Social Security Administration on or before 
     the 60th day after the due date (including extensions) for 
     such return.
       ``(D) Full-time employees and equivalents.--For purposes of 
     this paragraph--
       ``(i) the term `full-time employee' has the meaning given 
     to such term by section 4980H(c)(4), and
       ``(ii) the determination of the number of employees 
     constituting a full-time equivalent shall be made in the same 
     manner as under section 4980H(c)(2)(E).
       ``(4) Certification requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met with respect to any entity if the entity certifies, in 
     such form and manner and at such time as the Secretary may 
     prescribe, that, at the time of the qualified investment, the 
     entity--
       ``(i) is engaged in the active conduct of 1 or more trades 
     or businesses, and
       ``(ii) meets the requirements of paragraphs (2) and (3) to 
     be treated as a qualifying business entity.
       ``(B) Certification provided to investors and secretary.--
     An entity shall--
       ``(i) provide the certification under subparagraph (A) to 
     the person making the qualified investment at the time such 
     investment is made, and
       ``(ii) include such certification, and the names, 
     addresses, and taxpayer identification numbers of the 
     entity's qualified active investors and the persons making 
     the qualified investment, with its return of tax for the 
     taxable year which includes the date of the qualified 
     investment.
       ``(C) Certification included with return claiming credit.--
     No credit shall be determined under subsection (a) with 
     respect to any taxpayer making a qualified investment in a 
     qualifying business entity unless the taxpayer includes the 
     certification under subparagraph (A) with respect to the 
     investment with its return of tax for any taxable year for 
     which such credit is being claimed.
       ``(D) Timely filed return required.--The requirements of 
     subparagraph (B)(ii) or (C) shall be treated as met only if 
     the return described in such subparagraph is filed on or 
     before its due date (including extensions).
       ``(5) Qualified active investor.--
       ``(A) In general.--The term `qualified active investor' 
     means, with respect to any entity, an individual who--
       ``(i) is a citizen or resident of the United States,
       ``(ii) materially participates (within the meaning of 
     section 469(h)) in 1 or more trades or businesses actively 
     conducted by the entity,
       ``(iii) holds stock, or a capital or profits interest, in 
     the entity, and
       ``(iv) meets the income requirements of subparagraph (B).
       ``(B) Income requirements.--The requirements of this 
     subparagraph are met with respect to an individual if the 
     average annual taxable income of the individual for the 3 
     taxable years of the individual immediately preceding the 
     taxable year in which the qualified investment is made does 
     not exceed the applicable amount.
       ``(C) Applicable amount.--For purposes of this paragraph, 
     the term `applicable amount' means, with respect to any 
     taxable year in which a qualified investment is made--
       ``(i) in the case of an individual not described in clause 
     (ii), $100,000 (as increased for the taxable year by the 
     cost-of-living adjustment under subsection (e)(2)), and
       ``(ii) in the case of an individual who is a married 
     individual filing a joint return or who is a head of 
     household (as defined in section 2(b)) for the taxable year, 
     an amount equal to 2 times the amount in effect under clause 
     (i) for the taxable year.
       ``(D) Rules for determining average taxable income.--For 
     purposes of this paragraph--
       ``(i) a married individual filing a separate return of tax 
     for any taxable year shall include the taxable income of 
     their spouse in computing the individual's average taxable 
     income for any period unless the Secretary determines that 
     the spouse's information is not available to the individual, 
     and
       ``(ii) the Secretary shall prescribe rules for the 
     determination of average taxable income in cases where the 
     individual had different filing statuses for the 3 taxable 
     years described in subparagraph (B).
       ``(e) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Related persons.--A person shall be treated as 
     related to another person if the person bears a relationship 
     to such other person described in section 267(b), except that 
     section 267(b) shall be applied by substituting `5 percent' 
     for `50 percent' each place it appears.
       ``(2) Cost-of-living adjustments.--In the case of any 
     taxable year beginning after 2021, the $10,000 amount under 
     subsection (b)(2)(A)(i) and the $100,000 amount under 
     subsection (d)(5)(C)(i) shall each be increased by an amount 
     equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment under section 1(f)(3) 
     for the calendar year in which the taxable year begins, 
     determined by substituting `2020' for `2016' in subparagraph 
     (A)(ii) thereof.
     If any increase in such $10,000 amount is not a multiple of 
     $100, such increase shall be rounded to the next lowest 
     multiple of $100 and if any increase in such $100,000 amount 
     is not a multiple of $1,000, such increase shall be rounded 
     to the next lowest multiple of $1,000.
       ``(3) Rules relating to entities.--
       ``(A) Sole proprietorships.--If a taxpayer carries on 1 or 
     more trades or businesses as sole proprietorships, all such 
     trades or businesses shall be treated as a single entity for 
     purposes of applying this section.
       ``(B) Application to disregarded entities.--In the case of 
     any entity with a single owner which is disregarded as an 
     entity separate from its owner for purposes of this title, 
     this section shall be applied in the same manner as if such 
     entity were a corporation.
       ``(f) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary to carry 
     out the provisions of this section.''.
       (b) Credit To Be Part of General Business Credit.--Section 
     38(b) of such Code is amended by striking ``plus'' at the end 
     of paragraph (32), by striking the period at the end of 
     paragraph (33) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(34) the angel investor credit determined under section 
     45U(a).''.
       (c) Credit Allowed Against Alternative Minimum Tax.--
     Section 38(c)(4)(B) of such Code is amended by redesignating 
     clauses (x), (xi), and (xii) as clauses (xi), (xii), and 
     (xiii), respectively, and by inserting after clause (ix) the 
     following new clause:
       ``(x) the credit determined under section 45U,''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:
``Sec. 45U. Angel investor tax credit.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to qualified investments made in taxable years 
     beginning after December 31, 2020.

     SEC. 4402. FIRST EMPLOYEE BUSINESS WAGE CREDIT.

       (a) Allowance of Credit.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986, as amended by 
     section 4401, is amended by adding at the end the following 
     new section:

     ``SEC. 45V. FIRST EMPLOYEE BUSINESS WAGE CREDIT.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of a qualifying business entity, the first employee 
     business wage credit determined under this section for any 
     taxable year is an amount equal to 25 percent of the 
     qualified wages of the entity for the taxable year.
       ``(b) Dollar Limitations.--
       ``(1) In general.--The amount of the credit determined 
     under subsection (a) with respect to any qualifying business 
     entity for any taxable year shall not exceed the lesser of--
       ``(A) $10,000 (as increased for the taxable year by the 
     cost-of-living adjustment under subsection (f)), or
       ``(B) the excess (if any) of--
       ``(i) an amount equal to 4 times the amount under 
     subparagraph (A) for the taxable year, over
       ``(ii) the amount of the credit determined under this 
     section with respect to such entity for all preceding taxable 
     years.

[[Page S7750]]

       ``(2) No credit by reason of cost-of-living adjustment 
     after overall limit first reached.--No credit shall be 
     determined under this section with respect to any qualifying 
     business entity for any taxable year after the first taxable 
     year for which the amount determined under clause (ii) of 
     paragraph (1)(B) equals or exceeds the amount determined 
     under clause (i) of such paragraph.
       ``(3) Pass-thru entities.--If a qualifying business entity 
     is a partnership, trust, S corporation, or other pass-thru 
     entity, the limitations under this subsection shall apply at 
     the partnership or other entity level and not at the partner 
     or similar level.
       ``(c) Qualified Wages.--For purposes of this section--
       ``(1) In general.--The term `qualified wages' means, with 
     respect to any qualifying business entity, the amount of W-2 
     wages paid or incurred during any eligible taxable year to 
     employees for services performed in connection with the 
     active conduct of a trade or business by the entity.
       ``(2) Exception for qualified active investors and 5-
     percent owner-employees.--W-2 wages shall not be taken into 
     account under paragraph (1) if paid by an entity to an 
     employee, and such employee shall not be taken into account 
     under paragraph (3)(A), during any period the employee is--
       ``(A) a qualified active investor, or
       ``(B) an employee other than a qualified active investor 
     who is a 5-percent owner (as defined in section 
     416(i)(1)(B)(i)) of the entity.
       ``(3) Eligible taxable year.--
       ``(A) In general.--The term `eligible taxable year' means 
     any taxable year of a qualifying business entity--
       ``(i) which occurs during the period--

       ``(I) beginning with the first taxable year of the entity 
     in which the entity employed at least 1 full-time employee 
     (or employees constituting a full-time equivalent employee) 
     in 1 or more trades or businesses actively conducted by the 
     entity during the taxable year and paid W-2 wages to such 
     employee or employees with respect to such employment, and
       ``(II) ending with the last taxable year for which a credit 
     may be determined for the entity under this section by reason 
     of the limitation under subsection (b)(2), and

       ``(ii) in the case of a taxable year other than the first 
     taxable year described in clause (i)(I), with respect to 
     which the entity meets the employment and wage requirements 
     of such clause.
     Such term shall not include any taxable year during such a 
     period if the first taxable year described in clause (i)(I) 
     of the entity (or any predecessor) begins before January 1, 
     2021.
       ``(B) W-2 wages; full-time employees.--For purposes of this 
     subsection, W-2 wages, full-time employees, and full-time 
     employee equivalents shall be determined in the same manner 
     as under section 45U.
       ``(d) Qualifying Business Entity.--For purposes of this 
     section--
       ``(1) Qualifying business entity defined.--
       ``(A) In general.--The term `qualifying business entity' 
     means, with respect to any taxable year for which a credit 
     under this section is being determined, any entity--
       ``(i) which is engaged in the active conduct of 1 or more 
     trades or businesses,
       ``(ii) with respect to which the qualified active investor 
     ownership requirements of paragraph (2) of section 45U(d) are 
     met as of the close of such taxable year (rather than 
     immediately before and after the qualified investment), and
       ``(iii) with respect to which the certification 
     requirements of paragraph (2) are met.
       ``(B) Entities under common control.--For purposes of this 
     section--
       ``(i) In general.--All qualifying business entities treated 
     as a single employer under subsection (a) or (b) of section 
     52 or subsection (m) or (o) of section 414 shall be treated 
     as a single qualifying business entity.
       ``(ii) Allocation of credit.--Except as provided in 
     regulations, the credit under this section shall be allocated 
     among the entities comprising the single entity described in 
     clause (i) in proportion to the qualified wages of each such 
     entity taken into account under subsection (a).
       ``(2) Certification requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met with respect to any entity for any taxable year described 
     in paragraph (1) if the entity certifies, in such form and 
     manner and at such time as the Secretary may prescribe, that 
     the entity meets the requirements described in clauses (i) 
     and (ii) of paragraph (1)(A).
       ``(B) Certification provided to secretary.--An entity shall 
     include the certification under subparagraph (A), and the 
     names, addresses, and taxpayer identification numbers of the 
     entity's qualified active investors (and employees who are 5-
     percent owners described in subsection (c)(2)(B)), with its 
     return of tax for the taxable year to which the certification 
     relates. The requirement of this subparagraph is met only if 
     such return is filed before its due date (including 
     extensions).
       ``(3) Qualified active investor.--For purposes of this 
     section (including applying the requirements of paragraph (2) 
     of section 45U(d) for purposes of paragraph (1)(A)(ii)), the 
     term `qualified active investor' has the same meaning given 
     such term by section 45U(d)(5), except that such section 
     shall be applied separately for each taxable year described 
     in paragraph (1) (rather than the taxable year of the 
     qualified investment).
       ``(e) Election To Apply Credit Against Payroll Taxes.--
       ``(1) In general.--At the election of a qualifying business 
     entity, section 3111(g) shall apply to the payroll tax credit 
     portion of the credit otherwise determined under subsection 
     (a) for the taxable year and such portion shall not be 
     treated (other than for purposes of section 280C) as a credit 
     determined under subsection (a).
       ``(2) Payroll tax credit portion.--For purposes of this 
     subsection, the payroll tax credit portion of the credit 
     determined under subsection (a) with respect to any 
     qualifying business entity for any taxable year is the least 
     of--
       ``(A) the amount specified in the election made under this 
     subsection,
       ``(B) the credit determined under subsection (a) for the 
     taxable year (determined before the application of this 
     subsection), or
       ``(C) in the case of a qualifying business entity other 
     than a partnership, estate, S corporation or other pass-thru 
     entity, the amount of the business credit carryforward under 
     section 39 carried from the taxable year (determined before 
     the application of this subsection to the taxable year).
       ``(3) Election.--
       ``(A) In general.--Any election under this subsection for 
     any taxable year--
       ``(i) shall specify the amount of the credit to which such 
     election applies,
       ``(ii) shall be made on or before the due date (including 
     extensions) of the return for the taxable year, and
       ``(iii) may be revoked only with the consent of the 
     Secretary.
       ``(B) Special rule for pass-thru entities.--In the case of 
     a partnership, estate, S corporation, or other pass-thru 
     entity, the election made under this subsection shall be made 
     at the entity level.
       ``(f) Cost-of-living Adjustments.--In the case of any 
     taxable year beginning after 2021, the $10,000 amount under 
     subsection (b)(1)(A) shall be increased by an amount equal 
     to--
       ``(1) such dollar amount, multiplied by
       ``(2) the cost-of-living adjustment under section 1(f)(3) 
     for the calendar year in which the taxable year begins, 
     determined by substituting `2020' for `2016' in subparagraph 
     (A)(ii) thereof.
     If any increase in such amount is not a multiple of $100, 
     such increase shall be rounded to the next lowest multiple of 
     $100.
       ``(g) Other Rules.--For purposes of this section--
       ``(1) Rules relating to entities.--Rules similar to the 
     rules of section 45U(e)(3) shall apply.
       ``(2) Election not to have credit apply.--
       ``(A) In general.--A taxpayer may elect not to have this 
     section apply for any taxable year.
       ``(B) Other rules.--Rules similar to the rules of 
     paragraphs (2) and (3) of section 51(j) shall apply for 
     purposes of this paragraph.
       ``(3) Certain other rules made applicable.--Rules similar 
     to the rules of subsections (c), (d), and (e) of section 52 
     shall apply.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary to carrying 
     out the provisions of this section, including regulations--
       ``(1) preventing the avoidance of the limitations under 
     this section in cases in which there is a successor or new 
     qualified business entity with respect to the same trade or 
     business for which a predecessor qualified business entity 
     already claimed the credit under this section,
       ``(2) to minimize compliance and recordkeeping burdens 
     under the provisions of this section, and
       ``(3) for recapturing the benefit of credits determined 
     under section 3111(g) in cases where there is a recapture or 
     a subsequent adjustment to the payroll tax credit portion of 
     the credit determined under subsection (a), including 
     requiring amended income tax returns in the cases where there 
     is such an adjustment.''.
       (2) Credit to be part of general business credit.--Section 
     38(b) of such Code, as amended by section 4401, is amended by 
     striking ``plus'' at the end of paragraph (33), by striking 
     the period at the end of paragraph (34) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(35) the first employee business wage credit determined 
     under section 45V(a).''.
       (3) Credit allowed against alternative minimum tax.--
     Section 38(c)(4)(B) of such Code, as amended by section 4401, 
     is amended by redesignating clauses (xi), (xii), and (xiii) 
     as clauses (xii), (xiii), and (xiv), respectively, and by 
     inserting after clause (x) the following new clause:
       ``(xi) the credit determined under section 45V,''.
       (4) Clerical amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code, as 
     amended by section 4401, is amended by adding at the end the 
     following new item:
``Sec. 45V. First employee business wage credit.''.
       (b) Payroll Tax Credit.--Section 3111 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(g) Credit for First Employee Business Wage Expenses.--
       ``(1) In general.--In the case of a taxpayer who has made 
     an election under section 45V(e) for a taxable year, there 
     shall be allowed as a credit against the tax imposed by 
     subsection (a) for the first calendar quarter

[[Page S7751]]

     which begins after the date on which the taxpayer files the 
     return for the taxable year an amount equal to the payroll 
     tax credit portion determined under section 45V(e)(2).
       ``(2) Limitation.--The credit allowed by paragraph (1) 
     shall not exceed the tax imposed by subsection (a) for any 
     calendar quarter on the wages paid with respect to the 
     employment of all individuals in the employ of the employer.
       ``(3) Carryover of unused credit.--If the amount of the 
     credit under paragraph (1) exceeds the limitation of 
     paragraph (2) for any calendar quarter, such excess shall be 
     carried to the succeeding calendar quarter and allowed as a 
     credit under paragraph (1) for such quarter.
       ``(4) Deduction allowed for credited amounts.--
     Notwithstanding section 280C(a), the credit allowed under 
     paragraph (1) shall not be taken into account for purposes of 
     determining the amount of any deduction allowed under chapter 
     1 for taxes imposed under subsection (a).''.
       (c) Coordination With Deductions and Other Credits.--
       (1) Deductions.--Section 280C(a) of the Internal Revenue 
     Code of 1986 is amended by inserting ``45V(a),'' after 
     ``45S(a),''.
       (2) Other credits.--
       (A) Section 41(b)(2)(D) of such Code is amended by adding 
     at the end the following:
       ``(iv) Exclusion for wages to which first employee wage 
     credit applies.--The term `wages' shall not include any 
     amount taken into account in determining the credit under 
     section 45V.''.
       (B) Section 45A(b)(1) of such Code is amended by adding at 
     the end the following:
       ``(C) Coordination with first employee wage credit.--The 
     term `qualified wages' shall not include wages if any portion 
     of such wages is taken into account in determining the credit 
     under section 45V.''.
       (C) Section 1396(c)(3) of such Code is amended--
       (i) by striking ``section 51'' each place it appears and 
     inserting ``section 45V or 51'', and
       (ii) by inserting ``and first employee wage'' after 
     ``opportunity'' in the heading thereof.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

              Subtitle E--Community Development Investment

     SEC. 4501. SHORT TITLE.

       This subtitle may be cited as the ``Jobs and Neighborhood 
     Investment Act''.

     SEC. 4502. PURPOSE.

       The purpose of this subtitle is to--
       (1) establish programs to revitalize and provide long-term 
     financial products and service availability for, and provide 
     investments in, low- and moderate-income and minority 
     communities;
       (2) respond to the unprecedented loss of Black-owned 
     businesses and unemployment; and
       (3) otherwise enhance the stability, safety and soundness 
     of community financial institutions that support low- and 
     moderate-income and minority communities.

     SEC. 4503. CONSIDERATIONS; REQUIREMENTS FOR CREDITORS.

       (a) In General.--In exercising the authorities under this 
     subtitle and the amendments made by this subtitle, the 
     Secretary of the Treasury shall take into consideration--
       (1) increasing the availability of affordable credit for 
     consumers, small businesses, and nonprofit organizations, 
     including for projects supporting affordable housing, 
     community-serving real estate, and other projects, that 
     provide direct benefits to low- and moderate-income 
     communities, low-income and underserved individuals, and 
     minorities;
       (2) providing funding to minority-owned or minority-led 
     eligible institutions and other eligible institutions that 
     have a strong track record of serving minority small 
     businesses;
       (3) protecting and increasing jobs in the United States;
       (4) increasing the opportunity for small business, 
     affordable housing and community development in geographic 
     areas and demographic segments with poverty and high 
     unemployment rates that exceed the average in the United 
     States;
       (5) ensuring that all low- and moderate-income community 
     financial institutions may apply to participate in the 
     programs established under this subtitle and the amendments 
     made by this subtitle, without discrimination based on 
     geography;
       (6) providing transparency with respect to use of funds 
     provided under this subtitle and the amendments made by this 
     subtitle;
       (7) promoting and engaging in financial education to would-
     be borrowers; and
       (8) providing funding to eligible institutions that serve 
     consumers, small businesses, and nonprofit organizations to 
     support affordable housing, community-serving real estate, 
     and other projects that provide direct benefits to low- and 
     moderate-income communities, low-income individuals, and 
     minorities directly affected by the COVID-19 pandemic.
       (b) Requirement for Creditors.--Any creditor participating 
     in a program established under this subtitle or the 
     amendments made by this subtitle shall fully comply with all 
     applicable statutory and regulatory requirements relating to 
     fair lending.

     SEC. 4504. SENSE OF CONGRESS.

       The following is the sense of Congress:
       (1) The Department of the Treasury, Board of Governors of 
     the Federal Reserve System, Small Business Administration, 
     Office of the Comptroller of the Currency, Federal Deposit 
     Insurance Corporation, National Credit Union Administration, 
     and other Federal agencies should take steps to support, 
     engage with, and utilize minority depository institutions and 
     community development financial institutions in the near 
     term, especially as they carry out programs to respond to the 
     COVID-19 pandemic, and the long term.
       (2) The Board of Governors of the Federal Reserve System 
     should, consistent with its mandates, work to increase 
     lending by minority depository institutions and community 
     development financial institutions to underserved 
     communities, and when appropriate, should work with the 
     Department of the Treasury to increase lending by minority 
     depository institutions and community development financial 
     institutions to underserved communities.
       (3) The Department of the Treasury and prudential 
     regulators should establish a strategic plan identifying 
     concrete steps that they can take to support existing 
     minority depository institutions, as well as the formation of 
     new minority depository institutions consistent with the 
     goals established in the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 to preserve and promote 
     minority depository institutions.
       (4) Congress should increase funding and make other 
     enhancements, including those provided by this legislation, 
     to enhance the effectiveness of the CDFI Fund, especially 
     reforms to support minority-owned and minority led CDFIs in 
     times of crisis and beyond.
       (5) Congress should conduct robust and ongoing oversight of 
     the Department of the Treasury, CDFI Fund, Federal prudential 
     regulators, SBA, and other Federal agencies to ensure they 
     fulfill their obligations under the law as well as implement 
     this title and other laws in a manner that supports and fully 
     utilizes minority depository institutions and community 
     development financial intuitions, as appropriate.
       (6) The investments made by the Secretary of the Treasury 
     under this subtitle and the amendments made by this subtitle 
     should be designed to maximize the benefit to low- and 
     moderate-income and minority communities and contemplate 
     losses to capital of the Treasury.

     SEC. 4505. NEIGHBORHOOD CAPITAL INVESTMENT PROGRAM.

       Title IV of the CARES Act (15 U.S.C. 9041 et seq.) is 
     amended--
       (1) in section 4002 (15 U.S.C. 9041)--
       (A) by redesignating paragraphs (7) through (10) as 
     paragraphs (9) through (12), respectively; and
       (B) by inserting after paragraph (6) the following:
       ``(7) Low- and moderate-income community financial 
     institution.--The term `low- and moderate-income community 
     financial institution' means any financial institution that 
     is--
       ``(A) a community development financial institution, as 
     defined in section 103 of the Riegle Community Development 
     and Regulatory Improvement Act of 1994 (12 U.S.C. 4702); or
       ``(B) a minority depository institution.
       ``(8) Minority depository institution.--The term `minority 
     depository institution'--
       ``(A) has the meaning given that term under section 308 of 
     the Financial Institutions Reform, Recovery, and Enforcement 
     Act of 1989 (12 U.S.C. 1463 note);
       ``(B) means an entity considered to be a minority 
     depository institution by--
       ``(i) the appropriate Federal banking agency, as defined in 
     section 3 of the Federal Deposit Insurance Act(12 U.S.C. 
     1813); or
       ``(ii) the National Credit Union Administration, in the 
     case of an insured credit union; and
       ``(C) means an entity listed in the Federal Deposit 
     Insurance Corporation's Minority Depository Institutions List 
     published for the Second Quarter 2020.'';
       (2) in section 4003 (15 U.S.C. 9042), by adding at the end 
     the following:
       ``(i) Neighborhood Capital Investment Program.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `community development financial 
     institution' has the meaning given the term in section 103 of 
     the Riegle Community Development and Regulatory Improvement 
     Act of 1994 (12 U.S.C. 4702);
       ``(B) the term `Fund' means the Community Development 
     Financial Institutions Fund established under section 104(a) 
     of the Riegle Community Development and Regulatory 
     Improvement Act of 1994 (12 U.S.C. 4703(a));
       ``(C) the term `minority' means any Black American, Native 
     American, Hispanic American, or Asian American;
       ``(D) the term `Program' means the Neighborhood Capital 
     Investment Program established under paragraph (2); and
       ``(E) the `Secretary' means the Secretary of the Treasury.
       ``(2) Establishment.--The Secretary of the Treasury shall 
     establish a Neighborhood Capital Investment Program to 
     support the efforts of low- and moderate-income community 
     financial institutions to, among other things, provide loans 
     and forbearance for small businesses, minority-owned 
     businesses, and consumers, especially in low-income and 
     underserved communities, by providing direct capital 
     investments in low- and moderate-income community financial 
     institutions.

[[Page S7752]]

       ``(3) Application.--
       ``(A) Acceptance.--The Secretary shall begin accepting 
     applications for capital investments under the Program not 
     later than the end of the 30-day period beginning on the date 
     of enactment of this subsection, with priority in 
     distribution given to low- and moderate-income community 
     financial institutions that are minority lending 
     institutions, as defined in section 103 of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4702).
       ``(B) Requirement to provide a neighborhood investment 
     lending plan.--
       ``(i) In general.--At the time that an applicant submits an 
     application to the Secretary for a capital investment under 
     the Program, the applicant shall provide the Secretary, along 
     with the appropriate Federal banking agency, an investment 
     and lending plan that--

       ``(I) demonstrates that not less than 30 percent of the 
     lending of the applicant over the past 2 fiscal years was 
     made directly to low- and moderate income borrowers, to 
     borrowers that create direct benefits for low- and moderate-
     income populations, to other targeted populations as defined 
     by the Fund, or any combination thereof, as measured by the 
     total number and dollar amount of loans;
       ``(II) describes how the business strategy and operating 
     goals of the applicant will address community development 
     needs, which includes the needs of small businesses, 
     consumers, nonprofit organizations, community development, 
     and other projects providing direct benefits to low- and 
     moderate-income communities, low-income individuals, and 
     minorities within the minority, rural, and urban low-income 
     and underserved areas served by the applicant;
       ``(III) includes a plan to provide linguistically and 
     culturally appropriate outreach, where appropriate;
       ``(IV) includes an attestation by the applicant that the 
     applicant does not own, service, or offer any financial 
     products at an annual percentage rate of more than 36 percent 
     interest, as defined in section 987(i)(4) of title 10, United 
     States Code, and is compliant with State interest rate laws; 
     and
       ``(V) includes details on how the applicant plans to expand 
     or maintain significant lending or investment activity in 
     low- or moderate-income minority communities, to historically 
     disadvantaged borrowers, and to minorities that have 
     significant unmet capital or financial services needs.

       ``(ii) Community development loan funds.--An applicant that 
     is not an insured community development financial institution 
     or otherwise regulated by a Federal financial regulator shall 
     submit the plan described in clause (i) only to the 
     Secretary.
       ``(iii) Documentation.--In the case of an applicant that is 
     certified as a community development financial institution as 
     of the date of enactment of this subsection, for purposes of 
     clause (i)(I), the Secretary may rely on documentation 
     submitted the Fund as part of certification compliance 
     reporting.
       ``(4) Incentives to increase lending and provide affordable 
     credit.--
       ``(A) Requirements on preferred stock and other financial 
     instrument.--Any financial instrument issued to Treasury by a 
     low- and moderate-income community financial institution 
     under the Program shall provide the following:
       ``(i) No dividends, interest or other payments shall exceed 
     2 percent per annum.
       ``(ii) After the first 24 months from the date of the 
     capital investment under the Program, annual payments may be 
     required, as determined by the Secretary and in accordance 
     with this section, and adjusted downward based on the amount 
     of affordable credit provided by the low- and moderate-income 
     community financial institution to borrowers in minority, 
     rural, and urban low-income and underserved communities.
       ``(iii) During any calendar quarter after the initial 24-
     month period referred to in clause (ii), the annual payment 
     rate of a low- and moderate-income community financial 
     institution shall be adjusted downward to reflect the 
     following schedule, based on lending by the institution 
     relative to the baseline period:

       ``(I) If the institution in the most recent annual period 
     prior to the investment provides significant lending or 
     investment activity in low- or moderate-income minority 
     communities, historically disadvantaged borrowers, and to 
     minorities that have significant unmet capital or financial 
     services, the annual payment rate shall not exceed 0.5 
     percent per annum.
       ``(II) If the amount of lending within minority, rural, and 
     urban low-income and underserved communities and to low- and 
     moderate-income borrowers has increased dollar for dollar 
     based on the amount of the capital investment, the annual 
     payment rate shall not exceed 1 percent per annum.
       ``(III) If the amount of lending within minority, rural, 
     and urban low-income and underserved communities and to low- 
     and moderate-income borrowers has increased by twice the 
     amount of the capital investment, the annual payment rate 
     shall not exceed 0.5 percent per annum.

       ``(B) Contingency of payments based on certain financial 
     criteria.--
       ``(i) Deferral.--Any annual payments under this subsection 
     shall be deferred in any quarter or payment period if any of 
     the following is true:

       ``(I) The low- and moderate-income community institution 
     fails to meet the Tier 1 capital ratio or similar ratio as 
     determined by the Secretary.
       ``(II) The low- and moderate-income community financial 
     institution fails to achieve positive net income for the 
     quarter or payment period.
       ``(III) The low- and moderate-income community financial 
     institution determines that the payment would be detrimental 
     to the financial health of the institution.

       ``(ii) Testing during next payment period.--Any deferred 
     annual payment under this subsection shall be tested against 
     the metrics described in clause (i) at the beginning of the 
     next payment period, and such payments shall continue to be 
     deferred until the metrics described in that clause are no 
     longer applicable.
       ``(5) Restrictions.--
       ``(A) In general.--Each low- and moderate-income community 
     financial institution may only issue financial instruments or 
     senior preferred stock under this subsection with an 
     aggregate principal amount that is--
       ``(i) not more than 15 percent of risk-weighted assets for 
     an institution with assets of more than $2,000,000,000;
       ``(ii) not more than 25 percent of risk-weighted assets for 
     an institution with assets of not less than $500,000,000 and 
     not more than $2,000,000,000; and
       ``(iii) not more than 30 percent of risk-weighted assets 
     for an institution with assets of less than $500,000,000.
       ``(B) Holding of instruments.--Holding any instrument of a 
     low- and moderate-income community financial institution 
     described in subparagraph (A) shall not give the Treasury or 
     any successor that owns the instrument any rights over the 
     management of the institution.
       ``(C) Sale of interest.--With respect to a capital 
     investment made into a low- and moderate-income community 
     financial institution under this subsection, the Secretary--
       ``(i) except as provided in clause (iv), during the 10-year 
     period following the investment, may not sell the interest of 
     the Secretary in the capital investment to a third party;
       ``(ii) shall provide the low- and moderate-income community 
     financial institution a right of first refusal to buy back 
     the investment under terms that do not exceed a value as 
     determined by an independent third party; and
       ``(iii) shall not sell more than a 5 percent ownership 
     interest in the capital investment to a single third party; 
     and
       ``(iv) with the permission of the institution, may gift or 
     sell the interest of the Secretary in the capital investment 
     for a de minimus amount to a mission aligned nonprofit 
     affiliate of an applicant that is an insured community 
     development financial institution, as defined in section 103 
     of the Riegle Community Development and Regulatory 
     Improvement Act of 1994 (12 U.S.C. 4702).
       ``(v) Calculation of ownership for minority depository 
     institutions.--The calculation and determination of ownership 
     thresholds for a depository institution to qualify as a 
     minority depository institution described in section 
     4002(7)(B) shall exclude any dilutive effect of equity 
     investments by the Federal Government, including under the 
     Program or through the Fund.
       ``(6) Available amounts.--In carrying out the Program, the 
     Secretary shall use not more than $13,000,000,000, from 
     amounts appropriated under section 4027, of which not less 
     than $7,000,000,000 shall be used for direct capital 
     investments under the Program.
       ``(7) Treatment of capital investments.--In making any 
     capital investment under the Program, the Secretary shall 
     ensure that the terms of the investment are designed to 
     ensure the investment receives Tier 1 capital treatment.
       ``(8) Outreach to minorities.--The Secretary shall require 
     low- and moderate-income community financial institutions 
     receiving capital investments under the Program to provide 
     linguistically and culturally appropriate outreach and 
     advertising describing the availability and application 
     process of receiving loans made possible by the Program 
     through organizations, trade associations, and individuals 
     that represent or work within or are members of minority 
     communities.
       ``(9) Restrictions.--
       ``(A) In general.--Not later than the end of the 30-day 
     period beginning on the date of enactment of this subsection, 
     the Secretary of the Treasury shall issue rules setting 
     restrictions on executive compensation, share buybacks, and 
     dividend payments for recipients of capital investments under 
     the Program.
       ``(B) Rule of construction.--The provisions of section 4019 
     shall apply to investments made under the Program.
       ``(10) Termination of investment authority.--The authority 
     to make capital investments in low- and moderate-income 
     community financial institutions, including commitments to 
     purchase preferred stock or other instruments, provided under 
     the Program shall terminate on the date that is 36 months 
     after the date of enactment of this subsection.
       ``(11) Collection of data.--Notwithstanding the Equal 
     Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
       ``(A) any low- and moderate-income community financial 
     institution may collect data described in section 701(a)(1) 
     of that Act (15 U.S.C. 1691(a)(1)) from borrowers and 
     applicants for credit for the purpose of monitoring 
     compliance under the plan required under paragraph (4)(B); 
     and

[[Page S7753]]

       ``(B) a low- and moderate-income community financial 
     institution that collects the data described in subparagraph 
     (A) shall not be subject to adverse action related to that 
     collection by the Bureau of Consumer Financial Protection or 
     any other Federal agency.
       ``(12) Deposit of funds.--All funds received by the 
     Secretary in connection with purchases made pursuant this 
     subsection, including interest payments, dividend payments, 
     and proceeds from the sale of any financial instrument, shall 
     be deposited into the Fund and used to provide financial and 
     technical assistance pursuant to section 108 of the Riegle 
     Community Development and Regulatory Improvement Act of 1994 
     (12 U.S.C. 4707), except that subsection (e) of that section 
     shall be waived.
       ``(13) Equity equivalent investment option.--
       ``(A) In general.--The Secretary shall establish an Equity 
     Equivalent Investment Option, under which, with respect to a 
     specific investment in a low- and moderate-income community 
     financial institution--
       ``(i) 80 percent of such investment is made by the 
     Secretary under the Program; and
       ``(ii) 20 percent of such investment if made by a banking 
     institution.
       ``(B) Requirement to follow similar terms and conditions.--
     The terms and conditions applicable to investments made by 
     the Secretary under the Program shall apply to any investment 
     made by a banking institution under this paragraph.
       ``(C) Limitations.--The amount of a specific investment 
     described under subparagraph (A) may not exceed $10,000,000, 
     but the receipt of an investment under subparagraph (A) shall 
     not preclude the recipient from being eligible for other 
     assistance under the Program.
       ``(D) Banking institution defined.--In this paragraph, the 
     term `banking institution' means any entity with respect to 
     which there is an appropriate Federal banking agency, as 
     defined in section 3 of the Federal Deposit Insurance Act (12 
     U.S.C. 1813).
       ``(j) Application of the Military Lending Act.--
       ``(1) In general.--No low- and moderate-income community 
     financial institution that receives an equity investment 
     under subsection (i) shall, for so long as the investment or 
     participation continues, make any loan at an annualized 
     percentage rate above 36 percent, as determined in accordance 
     with section 987(b) of title 10, United States Code (commonly 
     known as the `Military Lending Act)'.
       ``(2) No exemptions permitted.--The exemption authority of 
     the Bureau under section 105(f) of the Truth in Lending Act 
     (15 U.S.C. 1604(f)) shall not apply with respect to this 
     subsection.''.

     SEC. 4506. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Fund $4,000,000,000 for fiscal year 
     2021, for providing financial assistance and technical 
     assistance under subparagraphs (A) and (B) of section 
     108(a)(1) of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4707(a)(1)), except that 
     subsection (d) of such section 108 shall not apply to the 
     provision of such assistance, for the Bank Enterprise Award 
     program, and for financial assistance, technical assistance, 
     training, and outreach programs designed to benefit Native 
     American, Native Hawaiian, and Alaska Native communities and 
     provided primarily through qualified community development 
     lender organizations with experience and expertise in 
     community development banking and lending in Indian country, 
     Native American organizations, Tribes and Tribal 
     organizations, and other suitable providers.
       (b) Set Asides.--Of the amounts appropriated pursuant to 
     the authorization under subsection (a), the following amounts 
     shall be set aside:
       (1) Up to $400,000,000, to remain available until expended, 
     to provide grants to CDFIs--
       (A) to expand lending or investment activity in low- or 
     moderate-income minority communities and to minorities that 
     have significant unmet capital or financial services needs, 
     of which not less than $10,000,000 may be for grants to 
     benefit Native American, Native Hawaiian, and Alaska Native 
     communities; and
       (B) using a formula that takes into account criteria such 
     as certification status, financial and compliance 
     performance, portfolio and balance sheet strength, a 
     diversity of CDFI business model types, and program capacity, 
     as well as experience making loans and investments to those 
     areas and populations identified in this paragraph.
       (2) Up to $160,000,000, to remain available until expended, 
     for technical assistance, technology, and training under 
     sections 108(a)(1)(B) and 109, respectively, of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4707(a)(1)(B), 4708), with a preference for 
     minority lending institutions.
       (3) Up to $800,000,000, to remain available until expended, 
     shall be for providing financial assistance, technical 
     assistance, awards, training, and outreach programs described 
     under subsection (a) to recipients that are minority lending 
     institutions.
       (c) Administrative Expenses.--Funds appropriated pursuant 
     to the authorization under subsection (a) may be used for 
     administrative expenses, including administration of Fund 
     programs and the New Markets Tax Credit Program under section 
     45D of the Internal Revenue Code of 1986.
       (d) Definitions.--In this section:
       (1) CDFI.--The term ``CDFI'' means a community development 
     financial institution, as defined in section 103 of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 (12 U.S.C. 4702).
       (2) Fund.--The term ``Fund'' means the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Community Development Banking and 
     Financial Institutions Act of 1994 (12 U.S.C. 4703(a)).
       (3) Minority; minority lending institution.--The terms 
     ``minority'' and ``minority lending institution'' have the 
     meanings given those terms, respectively, under subparagraphs 
     (A) and (B) of paragraph (22) of section 103 of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4702), as added by section 4509.

     SEC. 4507. ENSURING DIVERSITY IN COMMUNITY BANKING.

       (a) Sense of Congress on Funding the Loan-loss Reserve Fund 
     for Small Dollar Loans.--The sense of Congress is the 
     following:
       (1) The Community Development Financial Institutions Fund 
     (referred to in this subsection as the ``CDFI Fund'') is an 
     agency of the Department of the Treasury, and was established 
     under section 104(a) of the Community Development Banking and 
     Financial Institutions Act of 1994 (12 U.S.C. 4703(a)). The 
     mission of the CDFI Fund is ``to expand economic opportunity 
     for underserved people and communities by supporting the 
     growth and capacity of a national network of community 
     development lenders, investors, and financial service 
     providers''. A community development financial institution is 
     a specialized financial institution serving low-income 
     communities and a Community Development Entity (referred to 
     in this subsection as a ``CDE'') is a domestic corporation or 
     partnership that is an intermediary vehicle for the provision 
     of loans, investments, or financial counseling in low-income 
     communities. The CDFI Fund certifies community development 
     financial institutions and CDEs. Becoming a certified 
     community development financial institution or CDE allows 
     organizations to participate in various CDFI Fund programs as 
     follows:
       (A) The Bank Enterprise Award Program, which provides FDIC-
     insured depository institutions awards for a demonstrated 
     increase in lending and investments in distressed communities 
     and community development financial institutions.
       (B) The CDFI Program, which provides financial and 
     technical assistance awards to community development 
     financial institutions to reinvest in the CDFI Fund, and to 
     build the capacity of the CDFI Fund, including financing 
     product development and loan loss reserves.
       (C) The Native American CDFI Assistance Program, which 
     provides CDFIs and sponsoring entities Financial and 
     Technical Assistance awards to increase lending and grow the 
     number of CDFIs owned by Native Americans to help build 
     capacity of such CDFIs.
       (D) The New Market Tax Credit Program, which provides tax 
     credits for making equity investments in CDEs that stimulate 
     capital investments in low-income communities.
       (E) The Capital Magnet Fund, which provides awards to CDFIs 
     and nonprofit affordable housing organizations to finance 
     affordable housing solutions and related economic development 
     activities.
       (F) The Bond Guarantee Program, a source of long-term, 
     patient capital for CDFIs to expand lending and investment 
     capacity for community and economic development purposes.
       (2) The Department of the Treasury is authorized to create 
     multi-year grant programs designed to encourage low-to-
     moderate income individuals to establish accounts at 
     federally insured banks, and to improve low-to-moderate 
     income individuals' access to such accounts on reasonable 
     terms.
       (3) Under this authority, grants to participants in CDFI 
     Fund programs may be used for loan-loss reserves and to 
     establish small-dollar loan programs by subsidizing related 
     losses. These grants also allow for the providing recipients 
     with the financial counseling and education necessary to 
     conduct transactions and manage their accounts. These loans 
     provide low-cost alternatives to payday loans and other 
     nontraditional forms of financing that often impose excessive 
     interest rates and fees on borrowers, and lead millions of 
     people in the United States to fall into debt traps. Small-
     dollar loans can only be made pursuant to terms, conditions, 
     and practices that are reasonable for the individual consumer 
     obtaining the loan.
       (4) Program participation is restricted to eligible 
     institutions, which are limited to organizations listed in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under 501(a) of such Code, federally insured 
     depository institutions, community development financial 
     institutions and State, local, or Tribal governmental 
     entities.
       (5) Since its founding, the CDFI Fund has awarded over 
     $3,300,000,000 to CDFIs and CDEs and has allocated 
     $54,000,000,000 in tax credits and $1,510,000,000 in bond 
     guarantees. According to the CDFI Fund, some programs attract 
     as much as $10 in private capital for every $1 invested by 
     the CDFI Fund. The Administration and Congress should 
     prioritize appropriation of funds for the loan loss reserve 
     fund and technical assistance programs administered by the 
     CDFI Fund.
       (b) Definitions.--In this section:

[[Page S7754]]

       (1) Community development financial institution.--The term 
     ``community development financial institution'' has the 
     meaning given the term in section 103 of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4702).
       (2) Minority depository institution.--The term ``minority 
     depository institution'' has the meaning given the term in 
     section 308(b) of the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
       (c) Establishment of Impact Bank Designation.--
       (1) In general.--Each Federal banking agency shall 
     establish a program under which a depository institution with 
     total consolidated assets of less than $10,000,000,000 may 
     elect to be designated as an impact bank if the total dollar 
     value of the loans extended by such depository institution to 
     low-income borrowers is greater than or equal to 50 percent 
     of the assets of such bank.
       (2) Notification of eligibility.--Based on data obtained 
     through examinations of depository institutions, the 
     appropriate Federal banking agency shall notify a depository 
     institution if the institution is eligible to be designated 
     as an impact bank.
       (3) Application.--Regardless of whether a depository 
     institution has received a notice of eligibility under 
     paragraph (2), a depository institution may submit an 
     application to the appropriate Federal banking agency--
       (A) requesting to be designated as an impact bank; and
       (B) demonstrating that the depository institution meets the 
     applicable qualifications.
       (4) Limitation on additional data requirements.--The 
     Federal banking agencies may only impose additional data 
     collection requirements on a depository institution under 
     this subsection if such data is--
       (A) necessary to process an application submitted by the 
     depository institution to be designated an impact bank; or
       (B) with respect to a depository institution that is 
     designated as an impact bank, necessary to ensure the 
     depository institution's ongoing qualifications to maintain 
     such designation.
       (5) Removal of designation.--If the appropriate Federal 
     banking agency determines that a depository institution 
     designated as an impact bank no longer meets the criteria for 
     such designation, the appropriate Federal banking agency 
     shall rescind the designation and notify the depository 
     institution of such rescission.
       (6) Reconsideration of designation; appeals.--Under such 
     procedures as the Federal banking agencies may establish, a 
     depository institution may--
       (A) submit to the appropriate Federal banking agency a 
     request to reconsider a determination that such depository 
     institution no longer meets the criteria for the designation; 
     or
       (B) file an appeal of such determination.
       (7) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Federal banking agencies shall 
     jointly issue rules to carry out the requirements of this 
     subsection, including by providing a definition of a low-
     income borrower.
       (8) Reports.--Each Federal banking agency shall submit an 
     annual report to Congress containing a description of actions 
     taken to carry out this subsection.
       (9) Federal deposit insurance act definitions.--In this 
     subsection, the terms ``depository institution'', 
     ``appropriate Federal banking agency'', and ``Federal banking 
     agency'' have the meanings given such terms, respectively, in 
     section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
     1813).
       (d) Minority Depositories Advisory Committees.--
       (1) Establishment.--Each covered regulator shall establish 
     an advisory committee to be called the ``Minority 
     Depositories Advisory Committee''.
       (2) Duties.--Each Minority Depositories Advisory Committee 
     shall provide advice to the respective covered regulator on 
     meeting the goals established by section 308 of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note) to preserve the present number of 
     covered minority institutions, preserve the minority 
     character of covered minority-owned institutions in cases 
     involving mergers or acquisitions, provide technical 
     assistance, and encourage the creation of new covered 
     minority institutions. The scope of the work of each such 
     Minority Depositories Advisory Committee shall include an 
     assessment of the current condition of covered minority 
     institutions, what regulatory changes or other steps the 
     respective agencies may be able to take to fulfill the 
     requirements of such section 308, and other issues of concern 
     to covered minority institutions.
       (3) Membership.--
       (A) In general.--Each Minority Depositories Advisory 
     Committee shall consist of no more than 10 members, who--
       (i) shall serve for 1 2-year term;
       (ii) shall serve as a representative of a depository 
     institution or an insured credit union with respect to which 
     the respective covered regulator is the covered regulator of 
     such depository institution or insured credit union; and
       (iii) shall not receive pay by reason of their service on 
     the advisory committee, but may receive travel or 
     transportation expenses in accordance with section 5703 of 
     title 5, United States Code.
       (B) Diversity.--To the extent practicable, each covered 
     regulator shall ensure that the members of the Minority 
     Depositories Advisory Committee of such agency reflect the 
     diversity of covered minority institutions.
       (4) Meetings.--
       (A) In general.--Each Minority Depositories Advisory 
     Committee shall meet not less frequently than twice each 
     year.
       (B) Notice and invitations.--Each Minority Depositories 
     Advisory Committee shall--
       (i) notify the Committee on Financial Services of the House 
     of Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate in advance of each meeting of the 
     Minority Depositories Advisory Committee; and
       (ii) invite the attendance at each meeting of the Minority 
     Depositories Advisory Committee of--

       (I) one member of the majority party and one member of the 
     minority party of the Committee on Financial Services of the 
     House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate; and
       (II) one member of the majority party and one member of the 
     minority party of any relevant subcommittees of such 
     committees.

       (5) No termination of advisory committees.--The termination 
     requirements under section 14 of the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to a Minority 
     Depositories Advisory Committee established pursuant to this 
     subsection.
       (6) Definitions.--In this subsection:
       (A) Covered regulator.--The term ``covered regulator'' 
     means the Comptroller of the Currency, the Board of Governors 
     of the Federal Reserve System, the Federal Deposit Insurance 
     Corporation, and the National Credit Union Administration.
       (B) Covered minority institution.--The term ``covered 
     minority institution'' means a minority depository 
     institution (as defined in section 308(b) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note)).
       (C) Depository institution.--The term ``depository 
     institution'' has the meaning given the term in section 3 of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813).
       (D) Insured credit union.--The term ``insured credit 
     union'' has the meaning given the term in section 101 of the 
     Federal Credit Union Act (12 U.S.C. 1752).
       (7) Technical amendment.--Section 308(b) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note) is amended by adding at the end the 
     following:
       ``(3) Depository institution.--The term `depository 
     institution' means an `insured depository institution' (as 
     defined in section 3 of the Federal Deposit Insurance Act (12 
     U.S.C. 1813)) and an insured credit union (as defined in 
     section 101 of the Federal Credit Union Act (12 U.S.C. 
     1752)).''.
       (e) Federal Deposits in Minority Depository Institutions.--
       (1) In general.--Section 308 of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
     note) is amended--
       (A) in subsection (b), as amended by subsection (d)(7) of 
     this section, by adding at the end the following new 
     paragraph:
       ``(4) Impact bank.--The term `impact bank' means a 
     depository institution designated by the appropriate Federal 
     banking agency pursuant to section 4507(c) of the Economic 
     Justice Act.''; and
       (B) by adding at the end the following:
       ``(d) Federal Deposits.--The Secretary of the Treasury 
     shall ensure that deposits made by Federal agencies in 
     minority depository institutions and impact banks are 
     collateralized or insured, as determined by the Secretary. 
     Such deposits shall include reciprocal deposits as defined in 
     section 337.6(e)(2)(v) of title 12, Code of Federal 
     Regulations (as in effect on March 6, 2019).''.
       (2) Technical amendments.--Section 308(b) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``section--'' and inserting ``section:''; and
       (B) in the paragraph heading for paragraph (1), by striking 
     ``financial'' and inserting ``depository''.
       (f) Minority Bank Deposit Program.--
       (1) In general.--Section 1204 of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 
     note) is amended to read as follows:

     ``SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY 
                   INSTITUTIONS.

       ``(a) Minority Bank Deposit Program.--
       ``(1) Establishment.--There is established a program to be 
     known as the `Minority Bank Deposit Program' to expand the 
     use of minority depository institutions.
       ``(2) Administration.--The Secretary of the Treasury, 
     acting through the Bureau of the Fiscal Service, shall--
       ``(A) on application by a depository institution or credit 
     union, certify whether such depository institution or credit 
     union is a minority depository institution;
       ``(B) maintain and publish a list of all depository 
     institutions and credit unions that have been certified 
     pursuant to subparagraph (A); and
       ``(C) periodically distribute the list described in 
     subparagraph (B) to--
       ``(i) all Federal departments and agencies;
       ``(ii) interested State and local governments; and
       ``(iii) interested private sector companies.
       ``(3) Inclusion of certain entities on list.--A depository 
     institution or credit union that, on the date of enactment of 
     the

[[Page S7755]]

     Economic Justice Act, has a current certification from the 
     Secretary of the Treasury stating that such depository 
     institution or credit union is a minority depository 
     institution shall be included on the list described under 
     paragraph (2)(B).
       ``(b) Expanded Use Among Federal Departments and 
     Agencies.--
       ``(1) In general.--Not later than 1 year after the 
     establishment of the program described in subsection (a), the 
     head of each Federal department or agency shall develop and 
     implement standards and procedures to prioritize, to the 
     maximum extent possible as permitted by law and consistent 
     with principles of sound financial management, the use of 
     minority depository institutions to hold the deposits of each 
     such department or agency.
       ``(2) Report to congress.--Not later than 2 years after the 
     establishment of the program described in subsection (a), and 
     annually thereafter, the head of each Federal department or 
     agency shall submit to Congress a report on the actions taken 
     to increase the use of minority depository institutions to 
     hold the deposits of each such department or agency.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Credit union.--The term `credit union' has the 
     meaning given the term `insured credit union' in section 101 
     of the Federal Credit Union Act (12 U.S.C. 1752).
       ``(2) Depository institution.--The term `depository 
     institution' has the meaning given the term in section 3 of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813).
       ``(3) Minority.--The term `minority' means any Black 
     American, Native American, Hispanic American, or Asian 
     American.
       ``(4) Minority depository institution.--The term `minority 
     depository institution' has the meaning given the term in 
     section 308(b).''.
       (2) Conforming amendments.--The following provisions are 
     amended by striking ``1204(c)(3)'' and inserting ``1204(c)'':
       (A) Section 808(b)(3) of the Community Reinvestment Act of 
     1977 (12 U.S.C. 2907(b)(3)).
       (B) Section 40(g)(1)(B) of the Federal Deposit Insurance 
     Act (12 U.S.C. 1831q(g)(1)(B)).
       (C) Section 704B(h)(4) of the Equal Credit Opportunity Act 
     (15 U.S.C. 1691c-2(h)(4)).
       (g) Diversity Report and Best Practices.--
       (1) Annual report.--Each covered regulator shall submit to 
     Congress an annual report on diversity that includes the 
     following:
       (A) Data, based on voluntary self-identification, on the 
     racial, ethnic, and gender composition of the examiners of 
     each covered regulator, disaggregated by length of time 
     served as an examiner.
       (B) The status of any examiners of covered regulators, 
     based on voluntary self-identification, as a veteran, as 
     defined in section 101 of title 38, United States Code.
       (C) Whether any covered regulator, as of the date on which 
     the report required under this subsection is submitted, has 
     adopted a policy, plan, or strategy to promote racial, 
     ethnic, and gender diversity among examiners of the covered 
     regulator.
       (D) Whether any special training is developed and provided 
     for examiners related specifically to working with depository 
     institutions and credit unions, as those terms are defined in 
     section 1204(c) of the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note), 
     as amended by subsection (f)(1) of this section, that serve 
     communities that are predominantly minorities, low income, or 
     rural, and the key focus of such training.
       (2) Best practices.--Each Office of Minority and Women 
     Inclusion of a covered regulator shall develop, provide to 
     the head of the covered regulator, and make publicly 
     available best practices--
       (A) for increasing the diversity of candidates applying for 
     examiner positions, including through outreach efforts to 
     recruit diverse candidates to apply for entry-level examiner 
     positions; and
       (B) for retaining and providing fair consideration for 
     promotions within the examiner staff for purposes of 
     achieving diversity among examiners.
       (3) Covered regulator defined.--In this subsection, the 
     term ``covered regulator'' means the Comptroller of the 
     Currency, the Board of Governors of the Federal Reserve 
     System, the Federal Deposit Insurance Corporation, and the 
     National Credit Union Administration.
       (h) Investments in Minority Depository Institutions and 
     Impact Banks.--
       (1) Control for certain institutions.--Section 7(j)(8)(B) 
     of the Federal Deposit Insurance Act (12 U.S.C. 
     1817(j)(8)(B)) is amended to read as follows:
       ``(B) `control' means the power, directly or indirectly--
       ``(i) to direct the management or policies of an insured 
     depository institution; or
       ``(ii)(I) to vote 25 per centum or more of any class of 
     voting securities of an insured depository institution; or
       ``(II) with respect to an insured depository institution 
     that is an impact bank (as designated pursuant to section 
     4507(c) of the Economic Justice Act) or a minority depository 
     institution (as defined in section 308(b) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note)), of an individual to vote 30 percent 
     or more of any class of voting securities of such an impact 
     bank or a minority depository institution.''.
       (2) Rulemaking.--The Federal banking agencies shall jointly 
     issue rules for de novo minority depository institutions to 
     allow 3 years to meet the capital requirements otherwise 
     applicable to minority depository institutions.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Federal banking agencies shall 
     jointly submit to Congress a report on--
       (A) the principal causes for the low number of de novo 
     minority depository institutions during the 10-year period 
     preceding the date of the report;
       (B) the main challenges to the creation of de novo minority 
     depository institutions; and
       (C) regulatory and legislative considerations to promote 
     the establishment of de novo minority depository 
     institutions.
       (4) Definitions.--In this subsection:
       (A) Federal banking agency.--The term ``Federal banking 
     agency'' has the meaning given the term in section 3 of the 
     Federal Deposit Insurance Act (12 U.S.C. 1813).
       (B) Minority depository institution.--The term ``minority 
     depository institution'' has the meaning given the term in 
     section 308(b) of the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
       (i) Custodial Deposit Program for Covered Minority 
     Depository Institutions and Impact Banks.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     issue rules establishing a custodial deposit program under 
     which a covered bank may receive deposits from a qualifying 
     account.
       (2) Requirements.--In issuing rules under paragraph (1), 
     the Secretary of the Treasury shall--
       (A) consult with the Federal banking agencies;
       (B) ensure each covered bank participating in the program 
     established under this subsection--
       (i) has appropriate policies relating to management of 
     assets, including measures to ensure the safety and soundness 
     of each such covered bank; and
       (ii) is compliant with applicable law; and
       (C) ensure, to the extent practicable, that the rules do 
     not conflict with goals described in section 308(a) of the 
     Financial Institutions Reform, Recovery, and Enforcement Act 
     of 1989 (12 U.S.C. 1463 note).
       (3) Limitations.--
       (A) Deposits.--With respect to the funds of an individual 
     qualifying account, an entity may not deposit an amount 
     greater than the insured amount in a single covered bank.
       (B) Total deposits.--The total amount of funds deposited in 
     a covered bank under the program described in this subsection 
     may not exceed the lesser of--
       (i) 10 percent of the average amount of deposits held by 
     the covered bank in the previous quarter; or
       (ii) $100,000,000 (as adjusted for inflation).
       (4) Report.--Each quarter, the Secretary of the Treasury 
     shall submit to Congress a report on the implementation of 
     the program established under this subsection, including 
     information identifying participating covered banks and the 
     total amount of deposits received by covered banks under the 
     program.
       (5) Definitions.--In this subsection:
       (A) Appropriate federal banking agency; federal banking 
     agency.--The terms ``appropriate Federal banking agency'' and 
     ``Federal banking agencies'' have the meaning given those 
     terms, respectively, in section 3 of the Federal Deposit 
     Insurance Act. (12 U.S.C. 1813).
       (B) Covered bank.--The term ``covered bank'' means--
       (i) a minority depository institution that is well 
     capitalized, as defined by the appropriate Federal banking 
     agency; or
       (ii) a depository institution designated as an impact bank 
     pursuant to subsection (c) that is well capitalized, as 
     defined by the appropriate Federal banking agency.
       (C) Insured amount.--The term ``insured amount'' means the 
     amount that is the greater of--
       (i) the standard maximum deposit insurance amount (as 
     defined in section 11(a)(1)(E) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1821(a)(1)(E))); or
       (ii) such higher amount negotiated between the Secretary of 
     the Treasury and the Federal Deposit Insurance Corporation 
     under which the Corporation will insure all deposits of such 
     higher amount.
       (D) Minority depository institution.--The term ``minority 
     depository institution'' has the meaning given the term in 
     section 308(b) of the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
       (E) Qualifying account.--The term ``qualifying account'' 
     means any account established in the Department of the 
     Treasury that--
       (i) is controlled by the Secretary; and
       (ii) is expected to maintain a balance greater than 
     $200,000,000 for the following 24-month period.
       (j) Streamlined Community Development Financial Institution 
     Applications and Reporting.--
       (1) Application processes.--Not later than 1 year after the 
     date of enactment of this Act and with respect to any person 
     having assets under $3,000,000,000 that submits an 
     application for deposit insurance with the Federal Deposit 
     Insurance Corporation that could also become a community 
     development

[[Page S7756]]

     financial institution, the Federal Deposit Insurance 
     Corporation, in consultation with the Administrator of the 
     Community Development Financial Institutions Fund, shall--
       (A) develop systems and procedures to record necessary 
     information to allow the Administrator to conduct preliminary 
     analysis for such person to also become a community 
     development financial institution; and
       (B) develop procedures to streamline the application and 
     annual certification processes and to reduce costs for such 
     person to become, and maintain certification as, a community 
     development financial institution.
       (2) Implementation report.--Not later than 18 months after 
     the date of enactment of this Act, the Federal Deposit 
     Insurance Corporation shall submit to Congress a report 
     describing the systems and procedures required under 
     paragraph (1).
       (3) Annual report.--
       (A) In general.--Section 17(a)(1) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1827(a)(1)) is amended--
       (i) in subparagraph (E), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (F) as subparagraph (G);
       (iii) by inserting after subparagraph (E) the following:
       ``(F) applicants for deposit insurance that could also 
     become community development financial institutions (as 
     defined in section 103 of the Community Development Banking 
     and Financial Institutions Act of 1994 (12 U.S.C. 4702)), 
     minority depository institutions (as defined in section 308 
     of the Financial Institutions Reform, Recovery, and 
     Enforcement Act of 1989 (12 U.S.C. 1463 note)), or impact 
     banks (as designated pursuant to section 4507(c) of the 
     Economic Justice Act); and''.
       (B) Application.--The amendment made by this paragraph 
     shall apply with respect to the first report to be submitted 
     after the date that is 2 years after the date of enactment of 
     this Act.
       (4) Definition.--In this subsection, the term ``community 
     development financial institution'' has the meaning given the 
     term in section 103 of the Community Development Banking and 
     Financial Institutions Act of 1994 (12 U.S.C. 4702).
       (k) Task Force on Lending to Small Business Concerns.--
       (1) Definitions.--In this subsection:
       (A) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (B) Community development financial institution.--The term 
     ``community development financial institution'' has the 
     meaning given the term in section 103 of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4702).
       (C) Impact bank.--The term ``impact bank'' means a 
     depository institution designated by the appropriate Federal 
     banking agency pursuant to section 4507(c).
       (D) Minority depository institution.--The term ``minority 
     depository institution'' has the meaning given the term in 
     section 308(b) of the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
       (E) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (2) Task force.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall establish a 
     task force to examine methods for improving relationships 
     between the Small Business Administration and community 
     development financial institutions, minority depository 
     institutions, and impact banks to increase the volume of 
     loans provided by those institutions to small business 
     concerns.
       (3) Report to congress.--Not later than 18 months after the 
     establishment of the task force described in paragraph (2), 
     the Administrator shall submit to Congress a report on the 
     findings of the task force.

     SEC. 4508. ESTABLISHMENT OF FINANCIAL AGENT PARTNERSHIP 
                   PROGRAM.

       (a) In General.--Section 308 of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
     note), as amended by section 4507(e), is amended by adding at 
     the end the following:
       ``(e) Financial Agent Partnership Program.--
       ``(1) In general.--The Secretary of the Treasury shall 
     establish a program to be known as the `Financial Agent 
     Partnership Program' (in this subsection referred to as the 
     `Program') under which a financial agent designated by the 
     Secretary or a large financial institution may serve as a 
     mentor, under guidance or regulations prescribed by the 
     Secretary, to a small financial institution to allow the 
     small financial institution--
       ``(A) to be prepared to perform as a financial agent; or
       ``(B) to improve capacity to provide services to the 
     customers of the small financial institution.
       ``(2) Outreach.--The Secretary shall hold outreach events 
     to promote the participation of financial agents, large 
     financial institutions, and small financial institutions in 
     the Program at least once a year.
       ``(3) Financial partnerships.--
       ``(A) In general.--Any large financial institution 
     participating in the Program with the Department of the 
     Treasury, if not already required to include a small 
     financial institution, shall offer not more than 5 percent of 
     every contract under that program to a small financial 
     institution.
       ``(B) Acceptance of risk.--As a requirement of 
     participation in a contract described in subparagraph (A), a 
     small financial institution shall accept the risk of the 
     transaction equivalent to the percentage of any fee the 
     institution receives under the contract.
       ``(C) Partner.--A large financial institution partner may 
     work with small financial institutions, if necessary, to 
     train professionals to understand any risks involved in a 
     contract under the Program.
       ``(D) Increased limit for certain institutions.--With 
     respect to a program described in subparagraph (A), if the 
     Secretary of the Treasury determines that it would be 
     appropriate and would encourage capacity building, the 
     Secretary may alter the requirements under subparagraph (A) 
     to require both--
       ``(i) a higher percentage of the contract be offered to a 
     small financial institution; and
       ``(ii) require the small financial institution to be a 
     community development financial institution or a minority 
     depository institution.
       ``(4) Exclusion.--The Secretary shall issue guidance or 
     regulations to establish a process under which a financial 
     agent, large financial institution, or small financial 
     institution may be excluded from participation in the 
     Program.
       ``(5) Report.--The Office of Minority and Women Inclusion 
     of the Department of the Treasury shall include in the report 
     submitted to Congress under section 342(e) of the Dodd-Frank 
     Wall Street Reform and Consumer Protection Act (12 U.S.C. 
     5452(e)) information pertaining to the Program, including--
       ``(A) the number of financial agents, large financial 
     institutions, and small financial institutions participating 
     in the Program; and
       ``(B) the number of outreach events described in paragraph 
     (2) held during the year covered by the report.
       ``(6) Definitions.--In this subsection:
       ``(A) Community development financial institution.--The 
     term `community development financial institution' has the 
     meaning given the term in section 103 of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4702).
       ``(B) Financial agent.--The term `financial agent' means 
     any national banking association designated by the Secretary 
     of the Treasury to be employed as a financial agent of the 
     Federal Government.
       ``(C) Large financial institution.--The term `large 
     financial institution' means any entity regulated by the 
     Comptroller of the Currency, the Board of Governors of the 
     Federal Reserve System, the Federal Deposit Insurance 
     Corporation, or the National Credit Union Administration that 
     has total consolidated assets of not less than 
     $50,000,000,000.
       ``(D) Small financial institution.--The term `small 
     financial institution' means--
       ``(i) any entity regulated by the Comptroller of the 
     Currency, the Board of Governors of the Federal Reserve 
     System, the Federal Deposit Insurance Corporation, or the 
     National Credit Union Administration that has total 
     consolidated assets of not more than $2,000,000,000; or
       ``(ii) a minority depository institution.''.
       (b) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is 90 days 
     after the date of enactment of this Act.

     SEC. 4509. STRENGTHENING MINORITY LENDING INSTITUTIONS.

       (a) Minority Lending Institution Set-aside in Providing 
     Assistance.--
       (1) In general.--Section 108 of the Community Development 
     Banking and Financial Institutions Act of 1994 (12 U.S.C. 
     4707) is amended by adding at the end the following:
       ``(i) Minority Lending Institution Set-aside in Providing 
     Assistance.--Notwithstanding any other provision of law, in 
     providing any assistance, the Fund shall reserve 40 percent 
     of such assistance for minority lending institutions.''.
       (2) Definitions.--
       (A) In general.--Section 103 of the Community Development 
     Banking and Financial Institutions Act of 1994 (12 U.S.C. 
     4702) is amended by adding at the end the following:
       ``(22) Minority lending institution definitions.--
       ``(A) Minority.--The term `minority' means any Black 
     American, Hispanic American, Asian American, Native American, 
     Native Alaskan, Native Hawaiian, or Pacific Islander.
       ``(B) Minority lending institution.--The term `minority 
     lending institution' means a community development financial 
     institution--
       ``(i) with respect to which a majority of the total number 
     of loans and a majority of the value of investments of the 
     community development financial institution are directed at 
     minorities and other targeted populations;
       ``(ii) that is a minority depository institution, as 
     defined in section 308(b) of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
     note), or otherwise considered to be a minority depository 
     institution by the appropriate Federal banking agency; or
       ``(iii) that is 51 percent owned by 1 or more socially and 
     economically disadvantaged individuals.
       ``(C) Additional definitions.--In this paragraph, the terms 
     `other targeted populations'

[[Page S7757]]

     and `socially and economically disadvantaged individual' 
     shall have the meaning given those terms by the 
     Administrator.''.
       (B) Temporary safe harbor for certain institutions.--A 
     community development financial institution that is a 
     minority depository institution listed in the Federal Deposit 
     Insurance Corporation's Minority Depository Institutions List 
     published for the Second Quarter 2020 shall be deemed a 
     ``minority lending institution'' under paragraph (22) of 
     section 103 of the Community Development Banking and 
     Financial Institutions Act of 1994 (12 U.S.C. 4702), as added 
     by subparagraph (A), for purposes of--
       (i) any program carried out using appropriations authorized 
     for the Community Development Financial Institutions Fund 
     under section 4506; and
       (ii) the Neighborhood Capital Investment Program 
     established under section 4003(i) of the CARES Act, as added 
     by section 4505(2) of this Act.
       (b) Office of Minority Lending Institutions.--Section 104 
     of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4703) is amended by 
     adding at the end the following:
       ``(l) Office of Minority Lending Institutions.--
       ``(1) Establishment.--There is established within the Fund 
     an Office of Minority Lending Institutions, which shall 
     oversee assistance provided by the Fund to minority lending 
     institutions.
       ``(2) Deputy director.--The head of the Office shall be the 
     Deputy Director of Minority Lending Institutions, who shall 
     report directly to the Administrator.''.
       (c) Reporting on Minority Lending Institutions.--Section 
     117 of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4716) is amended by 
     adding at the end the following:
       ``(g) Reporting on Minority Lending Institutions.--Each 
     report required under subsection (a) shall include a 
     description of the extent to which assistance from the Fund 
     is provided to minority lending institutions.''.
       (d) Submission of Data Relating to Diversity by Community 
     Development Financial Institutions.--Section 104 of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 (12 U.S.C. 4703) is amended by adding at the end the 
     following:
       ``(l) Submission of Data Relating to Diversity.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `executive officer' has the meaning given 
     the term in section 230.501(f) of title 17, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     subsection; and
       ``(B) the term `veteran' has the meaning given the term in 
     section 101 of title 38, United States Code.
       ``(2) Submission of disclosure.--Each Fund applicant and 
     recipient shall provide the following:
       ``(A) Data, based on voluntary self-identification, on the 
     racial, ethnic, and gender composition of--
       ``(i) the board of directors of the institution;
       ``(ii) nominees for the board of directors of the 
     institution; and
       ``(iii) the executive officers of the institution.
       ``(B) The status of any member of the board of directors of 
     the institution, any nominee for the board of directors of 
     the institution, or any executive officer of the institution, 
     based on voluntary self-identification, as a veteran.
       ``(C) Whether the board of directors of the institution, or 
     any committee of that board of directors, has, as of the date 
     on which the institution makes a disclosure under this 
     paragraph, adopted any policy, plan, or strategy to promote 
     racial, ethnic, and gender diversity among--
       ``(i) the board of directors of the institution;
       ``(ii) nominees for the board of directors of the 
     institution; or
       ``(iii) the executive officers of the institution.
       ``(3) Annual report.--Not later than 18 months after the 
     date of enactment of this subsection, and annually 
     thereafter, the Fund shall submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives, and make publicly available on the website 
     of the Fund, a report--
       ``(A) on the data and trends of the diversity information 
     made available pursuant to paragraph (2); and
       ``(B) containing all administrative or legislative 
     recommendations of the Fund to enhance the implementation of 
     this title or to promote diversity and inclusion within 
     community development financial institutions.''.

     SEC. 4510. CDFI BOND GUARANTEE REFORM.

       Effective January 1, 2021, section 114A(e)(2)(B) of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 (12 U.S.C. 4713a(e)(2)(B)) is amended by striking 
     ``$100,000,000'' and inserting ``$50,000,000''.

     SEC. 4511. REPORTS.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives.
       (2) Community development financial institution.--The term 
     ``community development financial institution'' has the 
     meaning given the term in section 103 of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4702).
       (3) Credit union.--The term ``credit union'' means a State 
     credit union or a Federal credit union, as those terms are 
     defined in section 101 of the Federal Credit Union Act (12 
     U.S.C. 1752).
       (4) Depository institution.--The term ``depository 
     institution'' has the meaning given the term in section 3 of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813).
       (5) Minority depository institution.--The term ``minority 
     depository institution'' has the meaning given the term in 
     section 308(b) of the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).
       (6) Minority lending institution.--The term ``minority 
     lending institution'' has the meaning given the term in 
     paragraph (22) of section 103 of the Community Development 
     Banking and Financial Institutions Act of 1994 (12 U.S.C. 
     4702), as added by section 4506(d) of this Act.
       (b) Reports.--The Secretary of the Treasury shall provide 
     to the appropriate committees of Congress--
       (1) within 30 days of the end of each month commencing with 
     the first month in which transactions are made under a 
     program established under this subtitle or the amendments 
     made by this subtitle, a written report describing all of the 
     transactions made during the reporting period pursuant to the 
     authorities granted under this subtitle or the amendments 
     made by this subtitle; and
       (2) after the end of March and the end of September, 
     commencing March 31, 2021, a written report on all projected 
     costs and liabilities, all operating expenses, including 
     compensation for financial agents, and all transactions made 
     by the Community Development Financial Institutions Fund, 
     including participating institutions and amounts each 
     institution has received under each program described in 
     paragraph (1).
       (c) Breakdown of Funds.--Each report required under 
     subsection (b) shall specify the amount of funds under each 
     program described in subsection (b)(1) that went to--
       (1) minority depository institutions that are depository 
     institutions;
       (2) minority depository institutions that are credit 
     unions;
       (3) minority lending institutions;
       (4) community development financial institution loan funds;
       (5) community development financial institutions that are 
     depository institutions; and
       (6) community development financial institutions that are 
     credit unions.

     SEC. 4512. INSPECTOR GENERAL OVERSIGHT.

       (a) In General.--The Inspector General of the Department of 
     the Treasury shall conduct, supervise, and coordinate audits 
     and investigations of any program established under this 
     subtitle or the amendments made by this subtitle.
       (b) Reporting.--The Inspector General of the Department of 
     the Treasury shall issue a report not less frequently than 2 
     times per year to Congress and the Secretary of the Treasury 
     relating to the oversight provided by the Office of the 
     Inspector General, including any recommendations for 
     improvements to the programs described in subsection (a).

     SEC. 4513. STUDY AND REPORT WITH RESPECT TO IMPACT OF 
                   PROGRAMS ON LOW- AND MODERATE-INCOME AND 
                   MINORITY COMMUNITIES.

       (a) Study.--The Secretary of the Treasury shall conduct a 
     study of the impact of the programs established under this 
     title or any amendment made by this subtitle on low- and 
     moderate-income and minority communities.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the results of the study conducted pursuant to 
     subsection (a), which shall include, to the extent possible, 
     the results of the study disaggregated by ethnic group.
       (c) Information Provided to the Secretary.--Eligible 
     institutions that participate in any of the programs 
     described in subsection (a) shall provide the Secretary of 
     the Treasury with such information as the Secretary may 
     require to carry out the study required by this section.

      TITLE V--DOWNPAYMENT ON BUILDING 21ST CENTURY INFRASTRUCTURE

     SEC. 5001. FINDINGS.

       Congress finds the following:
       (1) This Act is a major proposal to re-program billions of 
     unspent CARES Act (Public Law 116-136) funding in immediate 
     and long-term investments in Black communities and other 
     communities of color.
       (2) The current COVID-19 pandemic has disproportionally 
     impacted communities of color and exacerbated the conditions 
     that, combined with persistently underfunded critical 
     priorities like public health, child care, infrastructure, 
     and job creation, have led to record levels of poverty and 
     sickness.
       (3) The historical record of Federal underinvestment in 
     communities of color has created systematic disparities that 
     cross nearly every economic sector and require Congressional 
     and Executive action to undo.
       (4) This Act makes critical short term investments to 
     respond to these disparities exacerbated by the pandemic, in 
     areas like in child care, mental health and primary care, and 
     job creation.
       (5) This Act has a secondary objective of helping to build 
     long lasting wealth, health,

[[Page S7758]]

     and economic stability in these communities with an initial 
     commitment to be made over the next 5 years through 
     investments in infrastructure, a homeowner down payment tax 
     credit, Medicaid expansion, and more.
       (6) This Act is not the conclusion of efforts in this 
     space, but an initial down payment to communities of color 
     and the first in many focused investments and policy 
     initiatives to begin dismantling systematic racism.

                    Subtitle A--High-speed Internet

     SEC. 5101. DEFINITIONS.

       In this subtitle:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (2) Broadband; broadband service.--The term ``broadband'' 
     or ``broadband service'' has the meaning given the term 
     ``broadband internet access service'' in section 8.1 of title 
     47, Code of Federal Regulations, or any successor regulation.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Digital equity.--The term ``digital equity'' means the 
     condition in which individuals and communities have the 
     information technology capacity that is needed for full 
     participation in the society and economy of the United 
     States.
       (5) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 3 of the Communications Act 
     of 1934 (47 U.S.C. 153), as amended by section 5126 of this 
     Act.
       (6) Native hawaiian.--The term ``Native Hawaiian'' has the 
     meaning given the term in section 3 of the Communications Act 
     of 1934 (47 U.S.C. 153), as amended by section 5126 of this 
     Act.
       (7) Tribal land.--The term ``Tribal land'' has the meaning 
     given the term in section 3 of the Communications Act of 1934 
     (47 U.S.C. 153), as amended by section 5126 of this Act.

                 CHAPTER 1--BROADBAND CONNECTIVITY FUND

     SEC. 5111. DEFINITIONS.

       In this chapter:
       (1) Lifeline program.--The term ``Lifeline program'' means 
     the program set forth under subpart E of part 54 of title 47, 
     Code of Federal Regulations (or any successor regulation).
       (2) National lifeline eligibility verifier.--The term 
     ``National Lifeline Eligibility Verifier'' has the meaning 
     given the term in section 54.400 of title 47, Code of Federal 
     Regulations (or any successor regulation).
       (3) State.--The term ``State'' has the meaning given the 
     term in section 3 of the Communications Act of 1934 (47 
     U.S.C. 153).

     SEC. 5112. ADDITIONAL BROADBAND BENEFIT.

       (a) Definitions.--In this section:
       (1) Broadband benefit.--The term ``broadband benefit'' 
     means a monthly discount for an eligible household applied to 
     the normal rate for an internet service offering, in an 
     amount equal to the lesser of--
       (A) the normal rate; or
       (B)(i) $50; or
       (ii) if an internet service offering is provided to an 
     eligible household on Tribal land, $75.
       (2) Connected device.--The term ``connected device'' means 
     a laptop or desktop computer or a tablet.
       (3) Eligible household.--The term ``eligible household'' 
     means, regardless of whether the household or any member of 
     the household receives support under the Lifeline program, 
     and regardless of whether any member of the household has any 
     past or present arrearages with a provider, a household in 
     which not less than 1 member of the household--
       (A) meets the qualifications in paragraph (a) or (b) of 
     section 54.409 of title 47, Code of Federal Regulations (or 
     any successor regulation);
       (B) receives free or reduced price meals under--
       (i) the school lunch program established under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.); or
       (ii) the school breakfast program established under section 
     4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
       (C) experienced a substantial loss of income for not less 
     than 2 consecutive months immediately preceding the month for 
     which eligibility for the broadband benefit is being 
     determined, documented by layoff or furlough notice, 
     application for unemployment insurance benefits, or similar 
     documentation; or
       (D) received a Federal Pell Grant under section 401 of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a) in the most 
     recent academic year.
       (4) Internet service offering.--The term ``internet service 
     offering''--
       (A) with respect to a provider that is providing broadband 
     service before the date of enactment of this Act, means 
     broadband service provided by the provider to a household, 
     offered in the same manner, and on the same or better terms, 
     as described in any of the provider's advertisements for 
     broadband service to the household, as of May 1, 2020 (or 
     such later date as the Commission may by rule determine, if 
     the Commission considers it necessary); and
       (B) with respect to a provider that begins providing 
     broadband service after the date of enactment of this Act, 
     means broadband service provided by the provider to a 
     household, offered in the same manner, and on the same or 
     better terms, as the manner and terms described in 
     advertisements to the household from another provider for 
     similar service as of May 1, 2020 (or such later date as the 
     Commission may by rule determine, if the Commission considers 
     it necessary); and
       (5) Normal rate.--The term ``normal rate'', with respect to 
     an internet service offering by a provider, means the monthly 
     retail rate, including any applicable promotions and 
     excluding any taxes or other governmental fees, that was 
     advertised on May 1, 2020 (or such later date as the 
     Commission may by rule determine, if the Commission considers 
     it necessary)--
       (A) by the provider for that level of service, in the case 
     of an internet service offering described in paragraph 
     (4)(A); or
       (B) by another provider for similar service, in the case of 
     an internet service offering described in paragraph (4)(B).
       (6) Provider.--The term ``provider'' means a provider of 
     broadband service.
       (b) Promulgation of Regulations Required.--Not later than 
     180 days after the date of enactment of this Act, the 
     Commission shall promulgate regulations implementing this 
     section.
       (c) Requirements.--The regulations promulgated under 
     subsection (b) shall establish the following:
       (1) Broadband benefit.--A provider shall--
       (A) provide an eligible household with an internet service 
     offering, upon request by a member of the household; and
       (B) discount the price charged to the household for the 
     internet service offering in an amount equal to the broadband 
     benefit for the household.
       (2) Verification of eligibility.--To verify whether a 
     household is an eligible household, a provider shall--
       (A) use the National Lifeline Eligibility Verifier;
       (B) rely upon an alternative verification process of the 
     provider, if the Commission finds that process to be 
     sufficient to avoid waste, fraud, and abuse while maintaining 
     a goal of digital equity; or
       (C) rely upon a school to verify the eligibility of the 
     household based on not less than 1 member of the household 
     receiving free or reduced price meals under the school lunch 
     program established under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.).
       (3) Use of national lifeline eligibility verifier.--The 
     Commission shall--
       (A) expedite the ability of all providers to access the 
     National Lifeline Eligibility Verifier for purposes of 
     determining whether a household is an eligible household; and
       (B) ensure that the National Lifeline Eligibility Verifier 
     approves an eligible household to receive the broadband 
     benefit not later than 10 days after the date of the 
     submission of information necessary to determine if the 
     household is an eligible household.
       (4) Reimbursement.--Using amounts from the Broadband 
     Connectivity Fund established under subsection (h), the 
     Commission shall reimburse a provider in an amount equal to 
     the broadband benefit with respect to an eligible household 
     that receives the broadband benefit from the provider.
       (5) Reimbursement for connected device.--A provider that, 
     in addition to providing the broadband benefit to an eligible 
     household, supplies the household with a connected device may 
     be reimbursed not more than $100 from the Broadband 
     Connectivity Fund established under subsection (h) for the 
     connected device, if the charge to the eligible household is 
     more than $10 and less than $50 for the connected device, 
     except that a provider may receive reimbursement for not more 
     than 1 connected device per eligible household.
       (6) Certification required.--To receive a reimbursement 
     under paragraph (4) or (5), a provider shall provide to the 
     Commission--
       (A) a certification that the amount for which the provider 
     is seeking reimbursement from the Broadband Connectivity Fund 
     for an internet service offering to an eligible household is 
     not more than the normal rate;
       (B) a certification that each eligible household for which 
     the provider is seeking reimbursement for providing an 
     internet service offering discounted by the broadband 
     benefit--
       (i) has not been and will not be charged--

       (I) for the offering, if the normal rate for the offering 
     is not more than the amount of the broadband benefit for the 
     household; or
       (II) more for the offering than the difference between--

       (aa) the normal rate for the offering; and
       (bb) the amount of the broadband benefit for the household;
       (ii) will not be required to pay an early termination fee 
     if the eligible household--

       (I) elects to enter into a contract to receive the internet 
     service offering; and
       (II) later terminates the contract;

       (iii) was not subject to a mandatory waiting period for the 
     internet service offering based on having previously received 
     broadband service from the provider; and
       (iv)(I) will not be denied the internet service offering or 
     connected device based on consideration of a credit report or 
     credit score; and
       (II) in the case of an eligible household that would 
     traditionally be determined ineligible based on consideration 
     of a credit report or credit score, is provided access to--

       (aa) the best plan for internet service offered by the 
     provider with speeds of not less than 25 megabits per second 
     downstream and 3 megabits per second upstream, if the rate 
     for that offering is less than $50; or
       (bb) if a plan described in item (aa) is not available for 
     less than $50, the lowest-priced

[[Page S7759]]

     internet service offering of the provider with speeds of not 
     less than 25 megabits per second downstream and 3 megabits 
     per second upstream;

       (C) a certification that each eligible household for which 
     the provider is seeking reimbursement for supplying the 
     household with a connected device has not been and will not 
     be charged $10 or less or $50 or more for the device; and
       (D) if the provider elects an alternative verification 
     process under paragraph (2)(B)--
       (i) a description of the process used by the provider to 
     verify that a household is an eligible household; and
       (ii) a certification that the verification process was 
     designed to avoid waste, fraud, and abuse while maintaining a 
     goal of digital equity.
       (7) Audit requirements.--The Commission shall adopt audit 
     requirements to--
       (A) ensure that providers are in compliance with the 
     requirements under this section;
       (B) prevent waste, fraud, and abuse in the broadband 
     benefit program established under this section; and
       (C) ensure that providers maintain a goal of digital equity 
     in carrying out the broadband benefit program established 
     under this section.
       (d) Eligible Providers.--Notwithstanding subsection (f), 
     the Commission shall provide a reimbursement to a provider 
     under this section without requiring the provider to be 
     designated as an eligible telecommunications carrier under 
     section 214(e) of the Communications Act of 1934 (47 U.S.C. 
     214(e)).
       (e) Rule of Construction.--Nothing in this section shall 
     affect the collection, distribution, or administration of the 
     Lifeline program.
       (f) Part 54 Regulations.--Nothing in this section shall be 
     construed to prevent the Commission from providing that the 
     regulations in part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation), with respect to 
     support provided under the regulations required under 
     subsection (b)--
       (1) shall apply in whole or in part to that support;
       (2) shall not apply in whole or in part to that support; or
       (3) shall be modified in whole or in part for purposes of 
     application to that support.
       (g) Enforcement.--
       (1) Treatment as violation of communications act of 1934.--
     A violation of this section or a regulation promulgated under 
     this section, including the knowing or reckless denial of an 
     internet service offering discounted by the broadband benefit 
     to an eligible household that requests such an offering, 
     shall be treated as a violation of the Communications Act of 
     1934 (47 U.S.C. 151 et seq.) or a regulation promulgated 
     under that Act.
       (2) Incorporation of terms and provisions.--The Commission 
     shall enforce this section and the regulations promulgated 
     under this section in the same manner, by the same means, and 
     with the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Communications Act of 
     1934 were incorporated into and made a part of this section.
       (h) Broadband Connectivity Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Broadband 
     Connectivity Fund''.
       (2) Appropriation.--There is appropriated to the Broadband 
     Connectivity Fund, out of any money in the Treasury not 
     otherwise appropriated, $20,975,000,000 for fiscal year 2021, 
     to remain available until expended.
       (3) Use of funds.--Amounts in the Broadband Connectivity 
     Fund shall be available to the Commission for reimbursements 
     to providers under the regulations required under subsection 
     (b).
       (4) Relationship to universal service contributions.--
     Reimbursements provided under the regulations required under 
     subsection (b) shall be provided from amounts made available 
     under this subsection and not from contributions under 
     section 254(d) of the Communications Act of 1934 (47 U.S.C. 
     254(d)), except the Commission may use those contributions if 
     needed to offset expenses associated with the reliance on the 
     National Lifeline Eligibility Verifier to determine 
     eligibility of households to receive the broadband benefit.
       (5) Lack of availability of funds.--The regulations 
     required under subsection (b) shall provide that a provider 
     is not required to provide an eligible household with an 
     internet service offering under subsection (c)(1) for any 
     month for which there are insufficient amounts in the 
     Broadband Connectivity Fund to reimburse the provider under 
     subsection (c)(4) for providing the broadband benefit to the 
     eligible household.

     SEC. 5113. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE 
                   ELIGIBILITY VERIFIER.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, using amounts appropriated under 
     subsection (d), the Commission shall make a grant to each 
     State, in an amount in proportion to the population of the 
     State, for the purpose of connecting the database used by the 
     State for purposes of the supplemental nutrition assistance 
     program established under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.) to the National Lifeline Eligibility 
     Verifier, so that the receipt by a household of benefits 
     under that program is reflected in the National Lifeline 
     Eligibility Verifier.
       (b) Disbursement of Grant Funds.--Not later than 60 days 
     after the date of enactment of this Act, the Commission shall 
     disburse funds under a grant made under subsection (a) to the 
     State receiving the grant.
       (c) Certification to Congress.--Not later than 90 days 
     after the date of enactment of this Act, the Commission shall 
     certify to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives that the Commission 
     has--
       (1) made the grants required under subsection (a); and
       (2) disbursed funds as required under subsection (b).
       (d) Appropriation.--There is appropriated to the 
     Commission, out of any money in the Treasury not otherwise 
     appropriated, $400,000,000 to carry out this section for 
     fiscal year 2021, to remain available until expended.

     SEC. 5114. FEDERAL COORDINATION BETWEEN LIFELINE AND SNAP 
                   VERIFICATION.

       (a) Definition.--In this section, the term ``automated 
     connection'' means a connection, to the maximum extent 
     practicable, between 2 or more information systems where the 
     manual input of information in 1 system leads to the 
     automatic input of the same information any other connected 
     system.
       (b) Establishment of Automated Connection.--Notwithstanding 
     section 11(x)(2)(c)(i) of the Food and Nutrition Act of 2008 
     (7 U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after 
     the date of enactment of this Act, the Commission shall, in 
     coordination with the Secretary of Agriculture, establish an 
     automated connection, to the maximum extent practicable, 
     between the National Lifeline Eligibility Verifier and the 
     National Accuracy Clearinghouse established under section 
     11(x) of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2020(x)).
       (c) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act, and each year thereafter, the 
     Secretary of Agriculture, in consultation with the 
     Commission, shall produce a report on enrollment in the 
     Lifeline program by individuals participating in the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       (d) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall conduct a study 
     and submit a report to Congress on--
       (1) the projected number of new broadband service consumers 
     who adopted broadband service through a Federal assistance 
     program; and
       (2) data that illustrates the efficacy of various 
     advertising efforts on eligibility for the Lifeline program.

                      CHAPTER 2--TRIBAL BROADBAND

     SEC. 5121. DEFINITIONS.

       In this chapter:
       (1) Tribal broadband benchmark.--The term ``Tribal 
     broadband benchmark'' means the minimum acceptable level of 
     broadband service on Tribal land, which shall consist of--
       (A) speed that is not slower than the speed required for 
     the service to qualify as an advanced telecommunications 
     capability, as that term is defined in section 706(d) of the 
     Telecommunications Act of 1996 (47 U.S.C. 1302(d)), as of the 
     date on which that speed is measured; and
       (B) network round trip latency that is at or below 100 
     milliseconds for not less than 95 percent of all peak period 
     measurements of network round trip latency.
       (2) Tribal entity.--The term ``Tribal entity'' has the 
     meaning given the term in section 3 of the Communications Act 
     of 1934 (47 U.S.C. 153), as amended by section 5126 of this 
     Act.
       (3) Tribal government.--The term ``Tribal government'' 
     means the governing body of a Tribal entity.
       (4) Underserved tribal entity.--
       (A) In general.--The term ``underserved Tribal entity'' 
     means a Tribal entity, the Tribal land of which--
       (i) lacks affordable broadband service; or
       (ii) has subscription rates for broadband service that are 
     below 80 percent, as determined by the Commission.
       (B) Associated definition.--In this paragraph, the term 
     ``affordable broadband service'' means broadband service on 
     Tribal land, the rates for which are not more than the 
     average rates charged for broadband service in the 5 nearest 
     municipalities to that Tribal land that have a population of 
     more than 10,000 individuals, as determined by the 
     Commission.

     SEC. 5122. TRIBAL BROADBAND FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Tribal 
     Broadband Fund''.
       (b) Appropriation.--There is appropriated to the Tribal 
     Broadband Fund, out of any money in the Treasury not 
     otherwise appropriated, $14,300,000,000 for fiscal year 2021, 
     to remain available until expended.
       (c) Use of Funds.--Amounts in the Tribal Broadband Fund 
     shall be available to the Commission to--
       (1) support the rapid development and deployment of 
     broadband service on Tribal land;
       (2) provide broadband service to qualifying anchor 
     institutions (as defined in section 5124);
       (3) provide broadband education, awareness, training, 
     access, and equipment to broadband providers that serve 
     Tribal land; and

[[Page S7760]]

       (4) support the activities of the Tribal Broadband 
     Interagency Working Group established under section 5123(b), 
     in accordance with section 5123(c)(6).

     SEC. 5123. INTERAGENCY COORDINATION PROGRAM.

       (a) Purpose.--The purpose of this section is to--
       (1) expedite and streamline the deployment of affordable 
     broadband service on Tribal land through the coordination of 
     grants or other financial assistance;
       (2) improve the effectiveness of Federal assistance in 
     meeting the obligation of the Commission to ensure universal 
     availability of broadband networks to all people of the 
     United States, including individuals living on Tribal land; 
     and
       (3) ensure the preservation and protection of self-
     governance, economic opportunity, health, education, public 
     safety, and welfare of Tribal entities.
       (b) Interagency Working Group.--
       (1) Establishment.--The Assistant Secretary and the 
     Administrator of the Rural Utilities Service (referred to in 
     this section as the ``Administrator'') shall establish a 
     working group to be known as the ``Tribal Broadband 
     Interagency Working Group'' (referred to in this section as 
     the ``Working Group'') to carry out the duties described in 
     paragraph (3).
       (2) Administration.--
       (A) Chairs.--The Assistant Secretary and the Administrator 
     shall serve as co-chairs of the Working Group.
       (B) Membership; staffing.--The Assistant Secretary and the 
     Administrator, in consultation with the Tribal Broadband 
     Deployment Advisory Committee established under subsection 
     (e), shall determine the membership and staffing of the 
     Working Group.
       (3) Duties.--The Working Group shall--
       (A)(i) serve as a forum for improving coordination across 
     Federal broadband programs that are available to Tribal 
     entities;
       (ii) reduce regulatory barriers to broadband deployment on 
     Tribal land;
       (iii) promote awareness of the value and availability of 
     Federal support for broadband deployment on Tribal land; and
       (iv) develop common Federal goals, performance measures, 
     and plans to deploy affordable broadband to Tribal land;
       (B) not later than 1 year after the date of enactment of 
     this Act, and biennially thereafter, issue a strategic plan 
     regarding Tribal broadband deployment activities, priorities, 
     and objectives;
       (C) promote coordination of the activities of Federal 
     agencies on Tribal broadband deployment activities, including 
     the activities of--
       (i) the Department of Agriculture;
       (ii) the Department of Commerce;
       (iii) the Department of Education;
       (iv) the Department of Health and Human Services;
       (v) the Department of Housing and Urban Development;
       (vi) the Department of the Interior;
       (vii) the Department of Labor;
       (viii) the Commission;
       (ix) the Institute of Museum and Library Services; and
       (x) any other Federal agency that the Working Group 
     considers appropriate;
       (D) provide technical assistance for the development of 
     Tribal broadband deployment plans to meet the Tribal 
     broadband benchmark;
       (E) under subsection (d), develop a streamlined and 
     standardized application process for grants and other 
     financial assistance to advance the deployment of broadband 
     on Tribal land;
       (F) promote information exchange between Federal agencies--
       (i) to identify and document Federal and non-Federal 
     programs and funding opportunities that support Tribal 
     broadband deployment; and
       (ii) if practicable, to leverage existing programs by 
     encouraging joint solicitations, block grants, and matching 
     programs with non-Federal entities; and
       (G) develop a standardized form that identifies all 
     applicable Federal statutory provisions, regulations, 
     policies, or procedures that the Working Group determines are 
     necessary to adhere to in order to implement a Tribal 
     broadband deployment plan.
       (c) Tribal Broadband Deployment Plan.--
       (1) Identification of underserved tribal entities.--Not 
     later than 180 days after the date of enactment of this Act, 
     the Chairman of the Commission, in coordination with the 
     Secretary of the Interior, shall identify each underserved 
     Tribal entity and publish a list of such entities in the 
     Federal Register.
       (2) Notice to underserved tribal entities.--Not later than 
     30 days after the date on which the list is published in the 
     Federal Register under paragraph (1), the Working Group shall 
     send notice to each underserved Tribal entity on the list 
     inviting the entity to request technical assistance for the 
     development of a Tribal broadband deployment plan under this 
     subsection.
       (3) Technical assistance.--At the request of an underserved 
     Tribal entity, the Working Group shall provide the entity 
     with technical assistance to facilitate the development, 
     adoption, and deployment of a Tribal broadband development 
     plan detailing the current and projected efforts of the 
     entity to meet the Tribal broadband benchmark.
       (4) Plan elements.--Each Tribal broadband deployment plan 
     developed under this subsection shall--
       (A) describe a comprehensive strategy identifying the full 
     range of options to meet the Tribal broadband benchmark;
       (B) describe all available Federal programs that are 
     available to assist the applicable underserved Tribal entity 
     in meeting the Tribal broadband benchmark;
       (C) describe the way in which Federal program activities 
     and funds shall be integrated, consolidated, and delivered to 
     the applicable underserved Tribal entity to meet the Tribal 
     broadband benchmark;
       (D) describe the results expected from implementing the 
     plan, including the expected number of additional households 
     or participants that would be served due to the 
     implementation of the plan;
       (E) identify the projected non-Federal expenditures under 
     the plan;
       (F) identify any agency of the applicable underserved 
     Tribal entity that will be involved in the delivery of the 
     services integrated under the plan;
       (G) identify all applicable Federal, State, and Tribal 
     statutory provisions, regulations, policies, or procedures 
     that the Working Group determines are necessary to adhere to 
     in order to implement the plan;
       (H) identify opportunities for the applicable underserved 
     Tribal entity to purchase spectrum; and
       (I) identify--
       (i) deployment obstacles; and
       (ii) activities that are necessary to ensure access to 
     affordable broadband, including digital literacy training, 
     technical support, privacy and cybersecurity expertise, or 
     other end-user technology needs.
       (5) Promoting broadband availability.--The Working Group 
     shall work in partnership with State, local, and Tribal 
     governments, and consumer and industry groups, to promote 
     broadband availability to each underserved Tribal entity, 
     including consumers in rural and high-cost areas that are 
     adjacent to Tribal land.
       (6) Authorization of appropriations.--For each of fiscal 
     years 2021 through 2025, the Commission may transfer not more 
     than $5,000,000 of the amounts made available from the Tribal 
     Broadband Fund established under section 5122 to the Working 
     Group to carry out subsection (b) and this subsection.
       (d) Streamlined Applications for Support.--
       (1) Agency consultation.--The Assistant Secretary shall 
     consult with each Federal agency that offers a Federal 
     broadband support program to Tribal entities to streamline 
     and standardize the application process for grants or other 
     financial assistance under the program.
       (2) Agency streamlining.--A Federal agency that offers a 
     Federal broadband support program to Tribal entities shall 
     amend the application for broadband support from the program, 
     to the extent practicable and as necessary, in order to 
     streamline and standardize applications for Federal broadband 
     support programs across the Federal Government.
       (3) Single application.--To the greatest extent 
     practicable, the Assistant Secretary shall seek to create 1 
     application that may be submitted to apply for support from 
     all Federal broadband support programs.
       (4) Central website.--Not later than 180 days after the 
     date of enactment of this Act, the Assistant Secretary shall 
     create a central website through which a potential applicant 
     can learn about and apply for support from any Federal 
     broadband support program.
       (e) Tribal Broadband Deployment Advisory Committee.--
       (1) Establishment.--There is established the Tribal 
     Broadband Deployment Advisory Committee (referred to in this 
     subsection as the ``Committee'').
       (2) Purposes; scope of activities.--
       (A) Purposes.--The purposes of the Committee are--
       (i) to make recommendations to Congress regarding how to 
     accelerate the deployment of broadband service on Tribal land 
     by--

       (I) reducing or removing statutory and regulatory barriers 
     to investment in broadband infrastructure; and
       (II) strengthening existing broadband networks on Tribal 
     land; and

       (ii) to provide an effective means for Tribal entities to 
     engage with governmental entities and professionals with 
     expertise and backgrounds in broadband, telecommunications, 
     information technology, and infrastructure deployment and 
     adoption in the areas covered by the Committee to exchange 
     ideas and develop recommendations to Congress regarding the 
     deployment of broadband on Tribal land.
       (B) Consideration of issues.--The Committee may consider 
     issues that include--
       (i) measures to prepare for, respond to, and recover from 
     disasters that impact broadband networks;
       (ii) new ways of encouraging deployment of broadband 
     infrastructure and services on Tribal land; and
       (iii) other ways to accelerate the deployment of broadband 
     infrastructure to Tribal land.
       (3) Duties.--The Committee shall provide recommendations to 
     Congress on issues relating to the deployment of broadband on 
     Tribal land.
       (4) Membership.--
       (A) In general.--The Committee shall consist of 16 
     voluntary representatives as follows:
       (i) 12 authorized representatives of Tribal governments, 
     each of whom shall represent a different Bureau of Indian 
     Affairs region.

[[Page S7761]]

       (ii) 4 authorized representatives of Tribal governments, 
     each of whom shall serve as an at-large representative.
       (B) Qualifications.--Each member of the Committee described 
     in subparagraph (A) shall--
       (i) be an elected Tribal official or authorized 
     representative of an elected Tribal official;
       (ii) act in the official capacity of the member as an 
     elected official of the entity;
       (iii) have the authority to participate on behalf of the 
     Tribe; and
       (iv) be qualified to represent the views of all Tribal 
     entities located in the region of the Bureau of Indian 
     Affairs represented by the member.
       (C) Chair.--The Assistant Secretary shall appoint a Chair 
     of the Committee, who shall--
       (i) approve or call all of the meetings of the Committee 
     and subcommittees of the Committee;
       (ii) prepare and approve all meeting agendas;
       (iii) attend all Committee and subcommittee meetings;
       (iv) adjourn any meeting when the Chair determines that 
     adjournment to be in the public interest; and
       (v) chair meetings when directed to do so by the Assistant 
     Secretary.
       (5) Meetings.--
       (A) Frequency.--The Committee shall meet not less 
     frequently than 3 times per year.
       (B) Transparency.--The meetings of the Committee shall be 
     open to the public and timely notice of each such meeting 
     shall be published--
       (i) in the Federal Register; and
       (ii) through other appropriate methods.
       (6) Support.--
       (A) Facilities and staff.--The Assistant Secretary shall 
     provide the facilities and support staff necessary to conduct 
     meetings of the Committee.
       (B) Compensation.--A member of the Committee shall serve 
     without any compensation from the Federal Government.
       (C) Travel expenses.--A member of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Committee.

     SEC. 5124. BROADBAND FOR TRIBAL LIBRARIES AND CONSORTIUMS.

       (a) Definition.--In this section, the term ``qualifying 
     anchor institution'' means a facility owned by an Indian 
     Tribe, serving Indian Tribes, or serving American Indians, 
     Alaskan Natives, or Native Hawaiian communities, including--
       (1) a Tribal library or Tribal library consortium; or
       (2) a Tribal government building, chapter house, longhouse, 
     community center, senior center, or other similar public 
     building.
       (b) Eligibility of Libraries and Other Anchor Institutions 
     for E-Rate Support.--The Commission shall amend section 
     54.501(b) of title 47, Code of Federal Regulations, to 
     provide that a qualifying anchor institution shall be 
     eligible for a discount on telecommunications and other 
     supported services under subpart F of part 54 of that title, 
     without regard to whether the qualifying anchor institution 
     is eligible for assistance from a State library 
     administrative agency under the Library Services and 
     Technology Act (20 U.S.C. 9121 et seq.).

     SEC. 5125. TRIBAL SET-ASIDE.

       (a) Rural Utilities Service.--
       (1) Tribal set-aside.--Notwithstanding any other provision 
     of law, effective beginning in fiscal year 2021 and for each 
     fiscal year thereafter, the Secretary of Agriculture 
     (referred to in this subsection as the ``Secretary'') shall 
     set aside for broadband adoption and deployment on Tribal 
     land not less than 20 percent of the amounts made available 
     for that fiscal year for each of the following:
       (A) The Telecommunications Infrastructure Loan and Loan 
     Guarantee Program established under the Rural Electrification 
     Act of 1936 (7 U.S.C. 901 et seq.).
       (B) The initiative under section 306F of that Act (7 U.S.C. 
     936f).
       (C) The Community Connect Grant Program established under 
     section 604 of that Act (7 U.S.C. 950bb-3).
       (D) Financial assistance under chapter 1 of subtitle D of 
     title XXIII of the Food, Agriculture, Conservation, and Trade 
     Act of 1990 (7 U.S.C. 950aaa et seq.), under section 2335A of 
     that Act (7 U.S.C. 950aaa-5).
       (E) The broadband loan and grant pilot program described in 
     section 779 of division A of the Consolidated Appropriations 
     Act, 2018 (Public Law 115-141).
       (2) Community connect grant program.--
       (A) Definition of eligible entity.--Section 604(a)(3) of 
     the Rural Electrification Act of 1936 (7 U.S.C. 950bb-
     3(a)(3)) is amended--
       (i) in subparagraph (A)(i)(II), by striking ``or Tribal 
     organization'' and inserting ``, Tribal organization, or 
     Indian-owned business (as defined in section 3 of the Native 
     American Business Development, Trade Promotion, and Tourism 
     Act of 2000 (25 U.S.C. 4302))''; and
       (ii) in subparagraph (B)(ii), by inserting ``, unless the 
     partnership is an Indian-owned business (as defined in 
     section 3 of the Native American Business Development, Trade 
     Promotion, and Tourism Act of 2000 (25 U.S.C. 4302))'' before 
     the period at the end.
       (B) Exemption from matching funds requirement.--Section 
     604(e)(1) of the Rural Electrification Act of 1936 (7 U.S.C. 
     950bb-3(e)(1)) is amended by inserting ``(other than an 
     underserved Tribal entity (as defined in section 5121 of the 
     Economic Justice Act))'' after ``eligible entity''.
       (C) Exemption from application requirements.--Section 
     604(f) of the Rural Electrification Act of 1936 (7 U.S.C. 
     950bb-3(f)) is amended by adding at the end the following:
       ``(3) Exemptions for tribal entities.--Notwithstanding 
     paragraphs (1) and (2), the Secretary shall not require a 
     Tribal entity (as defined in section 5121 of the Economic 
     Justice Act) to submit a system design described in 
     subsection (d) of section 1739.15 of title 7, Code of Federal 
     Regulations (or successor regulations), or financial 
     information described in subsection (h)(2) of that section, 
     to be eligible to receive a grant under the Program.''.
       (3) Broadband loan and grant pilot program.--
       (A) In general.--Notwithstanding any other provision of 
     law, a Tribal entity shall be considered to be eligible for 
     funding under the broadband loan and grant pilot program 
     described in section 779 of division A of the Consolidated 
     Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399).
       (B) Exemptions.--The Secretary of Agriculture shall exempt 
     underserved Tribal entities from the application requirements 
     under the pilot program described in subparagraph (A)--
       (i) to submit a network design; and
       (ii) to provide a matching contribution equal to 25 percent 
     of the overall cost of the project.
       (b) Universal Service Fund.--
       (1) Universal service generally.--Not later than 180 days 
     after the date of enactment of this Act, the Commission shall 
     promulgate regulations under which the Commission, on and 
     after the effective date of the regulations, shall--
       (A) set aside 5 percent of the amounts allocated for each 
     Federal universal service support program established under 
     section 254 of the Communications Act of 1934 (47 U.S.C. 
     254), including each program carried out under subparts D 
     through G and J through M of part 54 of title 47, Code of 
     Federal Regulations, or any successor regulations; and
       (B) with respect to the amount set aside from each program 
     under subparagraph (A), distribute that amount for the 
     purpose of expanding access to broadband service on Tribal 
     land, in accordance with the otherwise applicable 
     requirements of the program.
       (2) Lifeline program.--
       (A) Initial increase in tribal land support amount.--For 
     the first 12-month period beginning 2 years after the date of 
     enactment of this Act, in the case of Tribal land pertaining 
     to a Tribal entity that has not met the Tribal broadband 
     benchmark, the Commission shall increase the monthly cap on 
     additional Federal lifeline support made available to an 
     eligible telecommunications carrier providing Lifeline 
     service to an eligible resident of that Tribal land under 
     section 54.403(a)(3) of title 47, Code of Federal 
     Regulations, or any successor regulation, by $10.
       (B) Annual increase.--For each subsequent 12-month period 
     after the 12-month period described in subparagraph (A), in 
     the case of Tribal land pertaining to a Tribal entity that 
     has not met the Tribal broadband benchmark, the Commission 
     shall increase the monthly cap described in that paragraph by 
     an additional $10.

     SEC. 5126. UNIVERSAL SERVICE ON TRIBAL LAND.

       (a) Definitions.--Section 3 of the Communications Act of 
     1934 (47 U.S.C. 153) is amended--
       (1) by redesignating paragraphs (58) and (59) as paragraphs 
     (62) and (63), respectively;
       (2) by redesignating paragraphs (35) through (57) as 
     paragraphs (37) through (59), respectively;
       (3) by redesignating paragraphs (24) through (34) as 
     paragraphs (25) through (35), respectively;
       (4) by inserting after paragraph (23) the following:
       ``(24) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term `Indian tribe' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).'';
       (5) by inserting after paragraph (35), as so redesignated, 
     the following:
       ``(36) Native hawaiian.--The term `Native Hawaiian' has the 
     meaning given the term in section 801 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4221).''; and
       (6) by inserting after paragraph (59), as so redesignated, 
     the following:
       ``(60) Tribal entity.--The term `Tribal entity'--
       ``(A) means an Indian Tribe; and
       ``(B) includes a Native Hawaiian community.
       ``(61) Tribal land.--The term `Tribal land' means--
       ``(A) any land located within the boundaries of--
       ``(i) an Indian reservation, pueblo, or rancheria; or
       ``(ii) a former reservation within Oklahoma;
       ``(B) any land not located within the boundaries of an 
     Indian reservation, pueblo, or rancheria, the title to which 
     is held--
       ``(i) in trust by the United States for the benefit of an 
     Indian Tribe or an individual Indian;

[[Page S7762]]

       ``(ii) by an Indian Tribe or an individual Indian, subject 
     to restriction against alienation under laws of the United 
     States; or
       ``(iii) by a dependent Indian community;
       ``(C) any land located within a region established pursuant 
     to section 7(a) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1606(a));
       ``(D) Hawaiian Home Lands, as defined in section 801 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4221); or
       ``(E) those areas or communities designated by the 
     Assistant Secretary of Indian Affairs of the Department of 
     the Interior that are near, adjacent, or contiguous to 
     reservations where financial assistance and social service 
     programs are provided to Indians because of their status as 
     Indians.''.
       (b) Universal Service.--Section 254(b)(3) of the 
     Communications Act of 1934 (47 U.S.C. 254(b)(3)) is amended--
       (1) by striking ``and those'' and inserting ``, 
     consumers''; and
       (2) inserting after ``high cost areas,'' the following: 
     ``and consumers on Tribal land and in areas with high 
     populations of Indians (as defined in section 19 of the Act 
     of June 18, 1934 (commonly known as the `Indian 
     Reorganization Act') (25 U.S.C. 5129)) or Native 
     Hawaiians,''.
       (c) Technical and Conforming Amendment.--Section 
     271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 
     271(c)(1)(A)) is amended, in the first sentence, by striking 
     ``section 3(47)(A)'' and inserting ``section 3(56)(A)''.

     SEC. 5127. TRIBAL BROADBAND FACTOR.

       The Commission shall conduct a rulemaking to--
       (1) increase Connect America Fund Broadband Loop Support 
     under subpart K of part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation), available to rate-
     of-return carriers serving Tribal land by reducing the 
     funding threshold of $42 per month per line by 25 percent; 
     and
       (2) increase High Cost Loop Support under subpart M of part 
     54 of title 47, Code of Federal Regulations (or any successor 
     regulation), available to rate-of-return carriers serving 
     Tribal land by increasing--
       (A) the eligible costs expense adjustment under section 
     54.1310(a)(1) of that title from 65 percent to 81.25 percent; 
     and
       (B) the eligible costs expense adjustment under section 
     54.1310(a)(2) of that title from 75 percent to 93.75 percent.

     SEC. 5128. PILOT PROGRAM FOR TRIBAL GRANT OF RIGHTS-OF-WAY 
                   FOR BROADBAND FACILITIES.

       (a) Definitions.--In this section:
       (1) Program.--The term ``program'' means the Tribal 
     Broadband Right-of-Way Pilot Program established under 
     subsection (b)(1).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Pilot Program.--
       (1) In general.--The Secretary shall establish a pilot 
     program, to be known as the ``Tribal Broadband Right-of-Way 
     Pilot Program'', under which the Secretary shall delegate to 
     the Indian Tribes selected under paragraph (3) the authority 
     under the first section of the Act of February 5, 1948 (62 
     Stat. 17, chapter 45; 25 U.S.C. 323) to grant rights-of-way 
     described in paragraph (2) over and across Tribal land.
       (2) Right-of-way described.--A right-of-way referred to in 
     paragraph (1) is a right-of-way for the construction, 
     maintenance, and facilitation of broadband service, which may 
     include--
       (A) towers;
       (B) cables;
       (C) transmission lines; and
       (D) any other equipment necessary for construction, 
     maintenance, and facilitation of broadband service.
       (3) Participating indian tribes.--
       (A) In general.--Subject to subparagraph (B) and in 
     accordance with subsection (c), the Secretary shall select 
     not fewer than 10 Indian Tribes to participate in the 
     program.
       (B) Location of indian tribes.--Of the Indian Tribes 
     selected under subparagraph (A), not fewer than 5 shall be 
     Indian Tribes the land of which is located within the State 
     of Arizona or the State of New Mexico.
       (4) Broadband right-of-way.--
       (A) In general.--Except as provided in subparagraph (B), an 
     Indian Tribe participating in the program may grant a right-
     of-way described in paragraph (2) over and across the land of 
     the Indian Tribe without the approval of, or a grant by, the 
     Secretary, if--
       (i) the right-of-way is granted in accordance with the 
     regulations of the Indian Tribe approved by the Secretary 
     under subsection (c); and
       (ii) the term of the right-of-way does not exceed 25 years, 
     except that a right-of-way may include an option to renew the 
     right-of-way for not more than 2 additional terms, each of 
     which may not exceed 25 years.
       (B) Allotted land.--An Indian Tribe may not grant a right-
     of-way under subparagraph (A) over and across an individual 
     Indian allotment under section 4 of the Act of February 8, 
     1887 (commonly known as the ``Indian General Allotment Act'') 
     (24 Stat. 389, chapter 119; 25 U.S.C. 334).
       (c) Proposed Regulations.--
       (1) In general.--An Indian Tribe desiring to participate in 
     the program shall submit to the Secretary an application 
     containing the proposed regulations of the Indian Tribe for 
     the granting of rights-of-way described in subsection (b)(2).
       (2) Selection.--The Secretary may only select for 
     participation in the program Indian Tribes the proposed 
     regulations of which are approved by the Secretary under this 
     subsection.
       (3) Considerations for approval.--The Secretary may approve 
     the proposed regulations of an Indian Tribe if the 
     regulations--
       (A) are consistent with any regulations issued by the 
     Secretary under section 6 of the Act of February 5, 1948 (62 
     Stat. 18, chapter 45; 25 U.S.C. 328); and
       (B) provide for an environmental review process that 
     includes--
       (i) the identification and evaluation by the Indian Tribe 
     of any significant impacts of the proposed right-of-way on 
     the environment; and
       (ii) a process for ensuring that--

       (I) the public is informed of, and has a reasonable 
     opportunity to comment on, any impacts identified by the 
     Indian Tribe under clause (i); and
       (II) the Indian Tribe provides responses to relevant and 
     substantive public comments received under subclause (I).

       (4) Technical assistance.--
       (A) In general.--On request of an Indian Tribe desiring to 
     participate in the program, the Secretary shall provide 
     technical assistance for development of proposed regulations 
     to be submitted in the application of the Indian Tribe under 
     paragraph (1), including technical assistance for development 
     of a regulatory environmental review process that meets the 
     requirements of paragraph (3)(B).
       (B) ISDEAA.--
       (i) In general.--Technical assistance provided by the 
     Secretary under subparagraph (A) may be made available to 
     Indian Tribes described in clause (ii) through contracts, 
     grants, or agreements entered into in accordance with the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304 et seq.).
       (ii) Indian tribe described.--An Indian Tribe referred to 
     in clause (i) is an Indian Tribe eligible for contracts, 
     grants, or agreements under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304 et seq.).
       (5) Review process.--
       (A) In general.--Not later than 120 days after the date on 
     which an application is submitted to the Secretary under 
     paragraph (1), the Secretary shall review and approve or 
     disapprove the proposed regulations contained in the 
     application.
       (B) Written documentation.--If the Secretary disapproves 
     the regulations under subparagraph (A), the Secretary shall--
       (i) notify the Indian Tribe that the regulations have been 
     disapproved; and
       (ii) include with the notification written documentation 
     that describes the basis for the disapproval.
       (C) Extension.--After consultation with the Indian Tribe, 
     the Secretary may extend the deadline described in 
     subparagraph (A) for an additional 120-day period.
       (d) Federal Environmental Review.--If an Indian Tribe 
     participating in the program proposes to grant a right-of-way 
     for a broadband service project or activity funded by a 
     Federal agency, the Indian Tribe may rely on the 
     environmental review process of the applicable Federal agency 
     rather than the environmental review process approved as part 
     of the regulations of the Indian Tribe under subsection 
     (c)(3)(B).
       (e) Documentation.--If an Indian Tribe participating in the 
     program grants a right-of-way under the program, the Indian 
     Tribe shall submit to the Secretary--
       (1) a copy of the right-of-way, including any amendments or 
     renewals to the right-of-way; and
       (2) if the regulations of the Indian Tribe or the right-of-
     way allows for right-of-way payments to be made directly to 
     the Indian Tribe, documentation of the right-of-way payments 
     that are sufficient to enable the Secretary to discharge the 
     trust responsibility of the United States under subsection 
     (f)(2).
       (f) Trust Responsibility.--
       (1) In general.--The United States shall not be liable for 
     any losses sustained by a party to a right-of-way granted by 
     an Indian Tribe under the program.
       (2) Authority of secretary.--
       (A) In general.--Pursuant to the authority of the Secretary 
     to fulfill the trust obligation of the United States to 
     Indian Tribes participating in the program under Federal law 
     (including regulations), the Secretary may, on request by, 
     and after reasonable notice from, an Indian Tribe, enforce 
     the provisions of, or cancel, any right-of-way granted by the 
     Indian Tribe under the program.
       (B) Procedures.--The Secretary shall enforce the provisions 
     of, or cancel, any right-of-way under subparagraph (A) in 
     accordance with the regulations issued by the Secretary under 
     section 6 of the Act of February 5, 1948 (62 Stat. 18, 
     chapter 45; 25 U.S.C. 328).
       (g) Compliance.--
       (1) In general.--A duly enrolled member of an Indian Tribe, 
     after exhausting any applicable Tribal remedies, may submit 
     to the Secretary, at such time and in such form as the 
     Secretary determines to be appropriate, a petition to review 
     the compliance of an Indian Tribe participating in the 
     program with the regulations of the Indian Tribe approved by 
     the Secretary under subsection (c).
       (2) Violations.--If, after carrying out a review under 
     paragraph (1), the Secretary determines that the Indian Tribe 
     violated the

[[Page S7763]]

     regulations, the Secretary, subject to paragraph (3)(B), may 
     take any action the Secretary determines to be necessary to 
     remedy the violation, including--
       (A) rescinding the approval of the regulations; and
       (B) reassuming the authority to grant rights-of-ways 
     described in subsection (b)(2) delegated to the Indian Tribe 
     under the program.
       (3) Documentation.--If the Secretary determines that the 
     Indian Tribe violated the regulations and a remedy is 
     necessary, the Secretary shall--
       (A) submit to the Indian Tribe a written notification of 
     the regulations that have been violated; and
       (B) prior to the exercise of any remedy under paragraph 
     (2), provide the Indian Tribe with--
       (i) a hearing that is on the record; and
       (ii) a reasonable opportunity to cure the alleged 
     violation.
       (h) Sunset.--The authority of the Secretary to carry this 
     section shall terminate 10 years after the date of enactment 
     of this Act.

                      CHAPTER 3--CONNECTED DEVICES

     SEC. 5131. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER 
                   EQUIPMENT, AND CONNECTED DEVICES.

       (a) Definitions.--In this section:
       (1) Advanced telecommunications and information services.--
     The term ``advanced telecommunications and information 
     services'' means advanced telecommunications and information 
     services, as that term is used in section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)).
       (2) Connected device.--The term ``connected device'' means 
     a laptop computer, tablet computer, or similar device that is 
     capable of connecting to advanced telecommunications and 
     information services.
       (3) Covered equipment.--The term ``covered equipment'' 
     means--
       (A) Wi-Fi hotspots;
       (B) modems;
       (C) routers;
       (D) devices that combine a modem and router; and
       (E) connected devices.
       (4) Covered regulations.--The term ``covered regulations'' 
     means the regulations promulgated under subsection (b).
       (5) Library.--The term ``library'' includes a library 
     consortium.
       (6) Wi-fi.--The term ``Wi-Fi'' means a wireless networking 
     protocol based on Institute of Electrical and Electronics 
     Engineers standard 802.11 (or any successor standard).
       (7) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a 
     device that is capable of--
       (A) receiving mobile advanced telecommunications and 
     information services; and
       (B) sharing those services with another device through the 
     use of Wi-Fi.
       (b) Regulations Required.--Not later than 180 days after 
     the date of enactment of this Act, the Commission shall 
     promulgate regulations providing for the provision, from 
     amounts made available from the Connectivity Fund established 
     under subsection (h)(1), of support under section 
     254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 
     254(h)(1)(B)) to an elementary school, secondary school, or 
     library (including a Tribal elementary school, Tribal 
     secondary school, or Tribal library) eligible for support 
     under that section, for the purchase of covered equipment, 
     advanced telecommunications and information services, or 
     covered equipment and advanced telecommunications and 
     information services, for use by--
       (1) in the case of a school, students and staff of the 
     school at locations that include locations other than the 
     school; and
       (2) in the case of a library, patrons of the library at 
     locations that include locations other than the library.
       (c) Tribal Issues.--
       (1) Set aside for tribal lands.--The Commission shall 
     reserve not less than 5 percent of the amounts available to 
     the Commission under subsection (h)(3) to provide support 
     under the covered regulations to schools and libraries that 
     serve individuals who are located on Tribal land.
       (2) Eligibility of tribal libraries.--For purposes of 
     determining the eligibility of a Tribal library for support 
     under the covered regulations, the portion of paragraph (4) 
     of section 254(h) of the Communications Act of 1934 (47 
     U.S.C. 254(h)) relating to eligibility for assistance from a 
     State library administrative agency under the Library 
     Services and Technology Act shall not apply.
       (d) Prioritization of Support.--The Commission shall 
     provide in the covered regulations for a mechanism to require 
     a school or library to prioritize the provision of covered 
     equipment, advanced telecommunications and information 
     services, or covered equipment and advanced 
     telecommunications and information services, for which 
     support is received under those regulations, to students and 
     staff or patrons (as the case may be) that the school or 
     library believes do not have access to covered equipment, do 
     not have access to advanced telecommunications and 
     information services, or have access to neither covered 
     equipment nor advanced telecommunications and information 
     services, at the residences of those students and staff or 
     patrons.
       (e) Permissible Uses of Equipment.--The Commission shall 
     provide in the covered regulations that, in the case of a 
     school or library that purchases covered equipment using 
     support received under those regulations, the school or 
     library--
       (1) may use the equipment for any purposes that the school 
     or library considers appropriate, subject to any restrictions 
     provided in those regulations (or any successor regulation); 
     and
       (2) may not sell or otherwise transfer the equipment in 
     exchange for any thing (including a service) of value, except 
     that the school or library may exchange the equipment for 
     upgraded equipment of the same type.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to affect any authority the Commission may have 
     under section 254(h)(1)(B) of the Communications Act of 1934 
     (47 U.S.C. 254(h)(1)(B)) to allow support under that section 
     to be used for the purposes described in subsection (b) of 
     this section other than as required under that subsection.
       (g) Part 54 Regulations.--Nothing in this section shall be 
     construed to prevent the Commission from providing that the 
     regulations in part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation), with respect to 
     support provided under the covered regulations--
       (1) shall apply in whole or in part to that support;
       (2) shall not apply in whole or in part to that support; or
       (3) shall be modified in whole or in part for purposes of 
     application to that support.
       (h) Connectivity Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Connectivity 
     Fund''.
       (2) Appropriation.--There is appropriated to the 
     Connectivity Fund, out of any money in the Treasury not 
     otherwise appropriated, $12,000,000,000 for fiscal year 2021, 
     to remain available until expended.
       (3) Use of funds.--Amounts in the Connectivity Fund shall 
     be available to the Commission to provide support under the 
     covered regulations.
       (4) Relationship to universal service contributions.--
     Support provided under covered regulations shall be provided 
     from amounts made available under paragraph (3) and not from 
     contributions under section 254(d) of the Communications Act 
     of 1934 (47 U.S.C. 254(d)).

                       CHAPTER 4--DIGITAL EQUITY

     SEC. 5141. SHORT TITLE.

       This chapter may be cited as the ``Digital Equity Act of 
     2020''.

     SEC. 5142. DEFINITIONS.

       In this chapter:
       (1) Adoption of broadband.--The term ``adoption of 
     broadband'' means the process by which an individual obtains 
     daily access to the internet--
       (A) at a speed, quality, and capacity--
       (i) that is necessary for the individual to accomplish 
     common tasks; and
       (ii) such that the access qualifies as an advanced 
     telecommunications capability;
       (B) with the digital skills that are necessary for the 
     individual to participate online; and
       (C) on a--
       (i) personal device; and
       (ii) secure and convenient network.
       (2) Advanced telecommunications capability.--The term 
     ``advanced telecommunications capability'' has the meaning 
     given the term in section 706(d) of the Telecommunications 
     Act of 1996 (47 U.S.C. 1302(d)).
       (3) Aging individual.--The term ``aging individual'' has 
     the meaning given the term ``older individual'' in section 
     102 of the Older Americans Act of 1965 (42 U.S.C. 3002).
       (4) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (C) the Committee on Appropriations of the House of 
     Representatives; and
       (D) the Committee on Energy and Commerce of the House of 
     Representatives.
       (5) Community anchor institution.--The term ``community 
     anchor institution'' means a public school, a library, a 
     medical or healthcare provider, a community college or other 
     institution of higher education, a State library agency, and 
     any other nonprofit or governmental community support 
     organization.
       (6) Covered household.--The term ``covered household'' 
     means a household, the taxable income of which for the most 
     recently completed taxable year is not more than 150 percent 
     of an amount equal to the poverty level, as determined by 
     using criteria of poverty established by the Bureau of the 
     Census.
       (7) Covered populations.--The term ``covered populations'' 
     means--
       (A) individuals who live in covered households;
       (B) aging individuals;
       (C) incarcerated individuals, other than individuals who 
     are incarcerated in a Federal correctional facility;
       (D) veterans;
       (E) individuals with disabilities;
       (F) individuals with a language barrier, including 
     individuals who--
       (i) are English learners; and
       (ii) have low levels of literacy;
       (G) individuals who are members of a racial or ethnic 
     minority group; and
       (H) individuals who primarily reside in a rural area.

[[Page S7764]]

       (8) Covered programs.--The term ``covered programs'' 
     means--
       (A) the State Digital Equity Capacity Grant Program 
     established under section 5144; and
       (B) the Digital Equity Competitive Grant Program 
     established under section 5145.
       (9) Digital inclusion.--The term ``digital inclusion''--
       (A) means the activities that are necessary to ensure that 
     all individuals in the United States have access to, and the 
     use of, affordable information and communication 
     technologies, such as--
       (i) reliable fixed and wireless broadband internet service;
       (ii) internet-enabled devices that meet the needs of the 
     user; and
       (iii) applications and online content designed to enable 
     and encourage self-sufficiency, participation, and 
     collaboration; and
       (B) includes--
       (i) obtaining access to digital literacy training;
       (ii) the provision of quality technical support; and
       (iii) obtaining basic awareness of measures to ensure 
     online privacy and cybersecurity.
       (10) Digital literacy.--The term ``digital literacy'' means 
     the skills associated with using technology to enable users 
     to find, evaluate, organize, create, and communicate 
     information.
       (11) Disability.--The term ``disability'' has the meaning 
     given the term in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102).
       (12) Eligible state.--The term ``eligible State'' means--
       (A) with respect to planning grants made available under 
     section 5144(c)(3), a State with respect to which the 
     Assistant Secretary has approved an application submitted to 
     the Assistant Secretary under section 5144(c)(3)(C); and
       (B) with respect to capacity grants awarded under section 
     5144(d), a State with respect to which the Assistant 
     Secretary has approved an application submitted to the 
     Assistant Secretary under section 5144(d)(2), including 
     approval of the State Digital Equity Plan developed by the 
     State under section 5144(c).
       (13) Gender identity.--The term ``gender identity'' has the 
     meaning given the term in section 249(c) of title 18, United 
     States Code.
       (14) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) has the meaning given the term in section 101 of the 
     Higher Education Act of 1965 (20 U.S.C. 1001); and
       (B) includes a postsecondary vocational institution.
       (15) Local educational agency.--The term ``local 
     educational agency'' has the meaning given the term in 
     section 8101(30) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(30)).
       (16) Postsecondary vocational institution.--The term 
     ``postsecondary vocational institution'' has the meaning 
     given the term in section 102(c) of the Higher Education Act 
     of 1965 (20 U.S.C. 1002(c)).
       (17) Rural area.--The term ``rural area'' has the meaning 
     given the term in section 601(b)(3) of the Rural 
     Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)).
       (18) Socially and economically disadvantaged small business 
     concern.--The term ``socially and economically disadvantaged 
     small business concern'' has the meaning given the term in 
     section 8(a)(4) of the Small Business Act (15 U.S.C. 
     637(a)(4)).
       (19) State.--The term ``State'' means--
       (A) any State of the United States;
       (B) the District of Columbia; and
       (C) the Commonwealth of Puerto Rico.
       (20) Veteran.--The term ``veteran'' has the meaning given 
     the term in section 101 of title 38, United States Code.
       (21) Workforce development program.--The term ``workforce 
     development program'' has the meaning given the term in 
     section 3 of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3102).

     SEC. 5143. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) a broadband connection and digital literacy are 
     increasingly critical to how individuals--
       (A) participate in the society, economy, and civic 
     institutions of the United States; and
       (B) access health care and essential services, obtain 
     education, and build careers;
       (2) digital exclusion--
       (A) carries a high societal and economic cost;
       (B) materially harms the opportunity of an individual with 
     respect to the economic success, educational achievement, 
     positive health outcomes, social inclusion, and civic 
     engagement of that individual; and
       (C) exacerbates existing wealth and income gaps, especially 
     those experienced by covered populations;
       (3) achieving digital equity for all people of the United 
     States requires additional and sustained investment and 
     research efforts;
       (4) the Federal Government, as well as State, Tribal, 
     territorial, and local governments, have made social, legal, 
     and economic obligations that necessarily extend to how the 
     citizens and residents of those governments access and use 
     the internet; and
       (5) achieving digital equity is a matter of social and 
     economic justice and is worth pursuing.

     SEC. 5144. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.

       (a) Establishment; Purpose.--
       (1) In general.--The Assistant Secretary shall establish in 
     the Department of Commerce the State Digital Equity Capacity 
     Grant Program (referred to in this section as the 
     ``Program'')--
       (A) the purpose of which is to promote the achievement of 
     digital equity, support digital inclusion activities, and 
     build capacity for efforts by States relating to the adoption 
     of broadband by residents of those States;
       (B) through which the Assistant Secretary shall make grants 
     to States in accordance with the requirements of this 
     section; and
       (C) which shall ensure that States have the capacity to 
     promote the achievement of digital equity and support digital 
     inclusion activities.
       (2) Consultation with other federal agencies; no 
     conflict.--In establishing the Program under paragraph (1), 
     the Assistant Secretary shall--
       (A) consult with--
       (i) the Secretary of Agriculture;
       (ii) the Secretary of Housing and Urban Development;
       (iii) the Secretary of Education;
       (iv) the Secretary of Labor;
       (v) the Secretary of Health and Human Services;
       (vi) the Secretary of Veterans Affairs;
       (vii) the Secretary of the Interior;
       (viii) the Commission;
       (ix) the Federal Trade Commission;
       (x) the Director of the Institute of Museum and Library 
     Services;
       (xi) the Administrator of the Small Business 
     Administration;
       (xii) the Federal Co-Chair of the Appalachian Regional 
     Commission; and
       (xiii) the head of any other agency that the Assistant 
     Secretary determines to be appropriate; and
       (B) ensure that the Program complements and enhances, and 
     does not conflict with, other Federal broadband initiatives 
     and programs.
       (b) Administering Entity.--
       (1) Selection; function.--The governor (or equivalent 
     official) of a State that wishes to be awarded a grant under 
     this section shall, from among entities that are eligible 
     under paragraph (2), select an administering entity for that 
     State, which shall--
       (A) serve as the recipient of, and administering agent for, 
     any grant awarded to the State under this section;
       (B) develop, implement, and oversee the State Digital 
     Equity Plan for the State described in subsection (c);
       (C) make subgrants to any entity described in subsection 
     (c)(1)(D) that is located in the State in support of--
       (i) the State Digital Equity Plan for the State; and
       (ii) digital inclusion activities in the State generally; 
     and
       (D) serve as--
       (i) an advocate for digital equity policy and digital 
     inclusion activities; and
       (ii) a repository of best practice materials regarding the 
     policies and activities described in clause (i).
       (2) Eligible entities.--Any of the following entities may 
     serve as the administering entity for a State for the 
     purposes of this section if the entity has demonstrated a 
     capacity to administer the Program on a statewide level:
       (A) The State, a political subdivision, agency, or 
     instrumentality of the State, an Indian Tribe located in the 
     State, an Alaska Native entity located in the State, or a 
     Native Hawaiian organization located in the State.
       (B) A foundation, corporation, institution, association, or 
     coalition that is--
       (i) a not-for-profit entity;
       (ii) located in the State; and
       (iii) not a school.
       (C) A community anchor institution, other than a school, 
     that is located in the State.
       (D) A local educational agency that is located in the 
     State.
       (E) An entity located in the State that carries out a 
     workforce development program.
       (F) An agency of the State that is responsible for 
     administering or supervising adult education and literacy 
     activities in the State.
       (G) A public housing authority that is located in the 
     State.
       (H) A partnership between any of the entities described in 
     subparagraphs (A) through (G).
       (c) State Digital Equity Plan.--
       (1) Development; contents.--A State that wishes to be 
     awarded a grant under subsection (d) shall develop a State 
     Digital Equity Plan for the State, which shall include--
       (A) the identification of the barriers to digital equity 
     faced by covered populations in the State;
       (B) measurable objectives for documenting and promoting, 
     among each group described in subparagraphs (A) through (H) 
     of section 5142(7) located in that State--
       (i) the availability of, and affordability of access to, 
     fixed and wireless broadband technology;
       (ii) the online accessibility and inclusivity of public 
     resources and services;
       (iii) digital literacy;
       (iv) awareness of, and the use of, measures to secure the 
     online privacy of, and cybersecurity with respect to, an 
     individual; and
       (v) the availability and affordability of consumer devices 
     and technical support for those devices;
       (C) an assessment of how the objectives described in 
     subparagraph (B) will impact and interact with the State's--

[[Page S7765]]

       (i) economic and workforce development goals, plans, and 
     outcomes;
       (ii) educational outcomes;
       (iii) health outcomes;
       (iv) civic and social engagement; and
       (v) delivery of other essential services;
       (D) in order to achieve the objectives described in 
     subparagraph (B), a description of how the State plans to 
     collaborate with key stakeholders in the State, which may 
     include--
       (i) community anchor institutions;
       (ii) county and municipal governments;
       (iii) local educational agencies;
       (iv) where applicable, Indian Tribes, Alaska Native 
     entities, or Native Hawaiian organizations;
       (v) nonprofit organizations;
       (vi) organizations that represent--

       (I) individuals with disabilities, including organizations 
     that represent children with disabilities;
       (II) aging individuals;
       (III) individuals with language barriers, including--

       (aa) individuals who are English learners; and
       (bb) individuals who have low levels of literacy;

       (IV) veterans; and
       (V) individuals in that State who are incarcerated in 
     facilities other than Federal correctional facilities;

       (vii) civil rights organizations;
       (viii) entities that carry out workforce development 
     programs;
       (ix) agencies of the State that are responsible for 
     administering or supervising adult education and literacy 
     activities in the State;
       (x) public housing authorities in the State; and
       (xi) a partnership between any of the entities described in 
     clauses (i) through (x); and
       (E) a list of organizations with which the administering 
     entity for the State collaborated in developing and 
     implementing the Plan.
       (2) Public availability.--
       (A) In general.--The administering entity for a State shall 
     make the State Digital Equity Plan of the State available for 
     public comment for a period of not less than 30 days before 
     the date on which the State submits an application to the 
     Assistant Secretary under subsection (d)(2).
       (B) Consideration of comments received.--The administering 
     entity for a State shall, with respect to an application 
     submitted to the Assistant Secretary under subsection 
     (d)(2)--
       (i) before submitting the application--

       (I) consider all comments received during the comment 
     period described in subparagraph (A) with respect to the 
     application (referred to in this subparagraph as the 
     ``comment period''); and
       (II) make any changes to the plan that the administering 
     entity determines to be worthwhile; and

       (ii) when submitting the application--

       (I) describe any changes pursued by the administering 
     entity in response to comments received during the comment 
     period; and
       (II) include a written response to each comment received 
     during the comment period.

       (3) Planning grants.--
       (A) In general.--Beginning in the first fiscal year that 
     begins after the date of enactment of this Act, the Assistant 
     Secretary shall, in accordance with the requirements of this 
     paragraph, award planning grants to States for the purpose of 
     developing the State Digital Equity Plans of those States 
     under this subsection.
       (B) Eligibility.--In order to be awarded a planning grant 
     under this paragraph, a State--
       (i) shall submit to the Assistant Secretary an application 
     under subparagraph (C); and
       (ii) may not have been awarded, at any time, a planning 
     grant under this paragraph.
       (C) Application.--A State that wishes to be awarded a 
     planning grant under this paragraph shall, not later than 60 
     days after the date on which the notice of funding 
     availability with respect to the grant is released, submit to 
     the Assistant Secretary an application, in a format to be 
     determined by the Assistant Secretary, that contains the 
     following materials:
       (i) A description of the entity selected to serve as the 
     administering entity for the State, as described in 
     subsection (b).
       (ii) A certification from the State that, not later than 1 
     year after the date on which the Assistant Secretary awards 
     the planning grant to the State, the administering entity for 
     that State shall develop a State Digital Equity Plan under 
     this subsection, which--

       (I) the administering entity shall submit to the Assistant 
     Secretary; and
       (II) shall comply with the requirements of this subsection, 
     including the requirement under paragraph (2)(B).

       (iii) The assurances required under subsection (e).
       (D) Awards.--
       (i) Amount of grant.--A planning grant awarded to an 
     eligible State under this paragraph shall be determined 
     according to the formula under subsection (d)(3)(A)(i).
       (ii) Duration.--

       (I) In general.--Except as provided in subclause (II), with 
     respect to a planning grant awarded to an eligible State 
     under this paragraph, the State shall expend the grant funds 
     during the 1-year period beginning on the date on which the 
     State is awarded the grant funds.
       (II) Exception.--The Assistant Secretary may grant an 
     extension of not longer than 180 days with respect to the 
     requirement under subclause (I).

       (iii) Challenge mechanism.--The Assistant Secretary shall 
     ensure that any eligible State to which a planning grant is 
     awarded under this paragraph may appeal or otherwise 
     challenge in a timely fashion the amount of the grant awarded 
     to the State, as determined under clause (i).
       (E) Use of funds.--An eligible State to which a planning 
     grant is awarded under this paragraph shall, through the 
     administering entity for that State, use the grant funds only 
     for the following purposes:
       (i) To develop the State Digital Equity Plan of the State 
     under this subsection.
       (ii)(I) Subject to subclause (II), to make subgrants to any 
     of the entities described in paragraph (1)(D) to assist in 
     the development of the State Digital Equity Plan of the State 
     under this subsection.
       (II) If the administering entity for a State makes a 
     subgrant described in subclause (I), the administering entity 
     shall, with respect to the subgrant, provide to the State the 
     assurances required under subsection (e).
       (d) State Capacity Grants.--
       (1) In general.--Beginning not later than 2 years after the 
     date on which the Assistant Secretary begins awarding 
     planning grants under subsection (c)(3), the Assistant 
     Secretary shall each year award grants to eligible States to 
     support--
       (A) the implementation of the State Digital Equity Plans of 
     those States; and
       (B) digital inclusion activities in those States.
       (2) Application.--A State that wishes to be awarded a grant 
     under this subsection shall, not later than 60 days after the 
     date on which the notice of funding availability with respect 
     to the grant is released, submit to the Assistant Secretary 
     an application, in a format to be determined by the Assistant 
     Secretary, that contains the following materials:
       (A) A description of the entity selected to serve as the 
     administering entity for the State, as described in 
     subsection (b).
       (B) The State Digital Equity Plan of that State, as 
     described in subsection (c).
       (C) A certification that the State, acting through the 
     administering entity for the State, shall--
       (i) implement the State Digital Equity Plan of the State; 
     and
       (ii) make grants in a manner that is consistent with the 
     aims of the Plan described in clause (i).
       (D) The assurances required under subsection (e).
       (E) In the case of a State to which the Assistant Secretary 
     has previously awarded a grant under this subsection, any 
     amendments to the State Digital Equity Plan of that State, as 
     compared with the State Digital Equity Plan of the State 
     previously submitted.
       (3) Awards.--
       (A) Amount of grant.--
       (i) Formula.--Subject to clauses (ii), (iii), and (iv), the 
     Assistant Secretary shall calculate the amount of a grant 
     awarded to an eligible State under this subsection in 
     accordance with the following criteria, using the best 
     available data for all States for the fiscal year in which 
     the grant is awarded:

       (I) 50 percent of the total grant amount shall be based on 
     the population of the eligible State in proportion to the 
     total population of all eligible States.
       (II) 25 percent of the total grant amount shall be based on 
     the number of individuals in the eligible State who are 
     covered populations in proportion to the total number of 
     individuals in all eligible States who are covered 
     populations.
       (III) 25 percent of the total grant amount shall be based 
     on the comparative lack of availability and adoption of 
     broadband in the eligible State in proportion to the lack of 
     availability and adoption of broadband of all eligible 
     States, which shall be determined according to data collected 
     from--

       (aa) the annual inquiry of the Commission conducted under 
     section 706(b) of the Telecommunications Act of 1996 (47 
     U.S.C. 1302(b));
       (bb) the American Community Survey or, if necessary, other 
     data collected by the Bureau of the Census;
       (cc) the Internet and Computer Use Supplement to the 
     Current Population Survey of the Bureau of the Census; and
       (dd) any other source that the Assistant Secretary, after 
     appropriate notice and opportunity for public comment, 
     determines to be appropriate.
       (ii) Minimum award.--The amount of a grant awarded to an 
     eligible State under this subsection in a fiscal year shall 
     be not less than 0.5 percent of the total amount made 
     available to award grants to eligible States for that fiscal 
     year.
       (iii) Additional amounts.--If, after awarding planning 
     grants to States under subsection (c)(3) and capacity grants 
     to eligible States under this subsection in a fiscal year, 
     there are amounts remaining to carry out this section, the 
     Assistant Secretary shall distribute those amounts--

       (I) to eligible States to which the Assistant Secretary has 
     awarded grants under this subsection for that fiscal year; 
     and
       (II) in accordance with the formula described in clause 
     (i).

       (iv) Data unavailable.--If, in a fiscal year, the 
     Commonwealth of Puerto Rico (referred to in this clause as 
     ``Puerto Rico'') is

[[Page S7766]]

     an eligible State and specific data for Puerto Rico is 
     unavailable for a factor described in subclause (I), (II), or 
     (II) of clause (i), the Assistant Secretary shall use the 
     median data point with respect to that factor among all 
     eligible States and assign it to Puerto Rico for the purposes 
     of making any calculation under that clause for that fiscal 
     year.
       (B) Duration.--With respect to a grant awarded to an 
     eligible State under this subsection, the eligible State 
     shall expend the grant funds during the 5-year period 
     beginning on the date on which the eligible State is awarded 
     the grant funds.
       (C) Challenge mechanism.--The Assistant Secretary shall 
     ensure that any eligible State to which a grant is awarded 
     under this subsection may appeal or otherwise challenge in a 
     timely fashion the amount of the grant awarded to the State, 
     as determined under subparagraph (A).
       (D) Use of funds.--The administering entity for an eligible 
     State to which a grant is awarded under this subsection shall 
     use the grant amounts for the following purposes:
       (i)(I) Subject to subclause (II), to update or maintain the 
     State Digital Equity Plan of the State.
       (II) An administering entity for an eligible State to which 
     a grant is awarded under this subsection may use not more 
     than 20 percent of the amount of the grant for the purpose 
     described in subclause (I).
       (ii) To implement the State Digital Equity Plan of the 
     State.
       (iii)(I) Subject to subclause (II), to award a grant to any 
     entity that is described in section 5145(b) and is located in 
     the eligible State in order to--

       (aa) assist in the implementation of the State Digital 
     Equity Plan of the State;
       (bb) pursue digital inclusion activities in the State 
     consistent with the State Digital Equity Plan of the State; 
     and
       (cc) report to the State regarding the digital inclusion 
     activities of the entity.

       (II) Before an administering entity for an eligible State 
     may award a grant under subclause (I), the administering 
     entity shall require the entity to which the grant is awarded 
     to certify that--

       (aa) the entity shall carry out the activities required 
     under items (aa), (bb), and (cc) of that subclause;
       (bb) the receipt of the grant shall not result in unjust 
     enrichment of the entity; and
       (cc) the entity shall cooperate with any evaluation--

       (AA) of any program that relates to a grant awarded to the 
     entity; and
       (BB) that is carried out by or for the administering 
     entity, the Assistant Secretary, or another Federal official.
       (iv)(I) Subject to subclause (II), to evaluate the efficacy 
     of the efforts funded by grants made under clause (iii).
       (II) An administering entity for an eligible State to which 
     a grant is awarded under this subsection may use not more 
     than 5 percent of the amount of the grant for a purpose 
     described in subclause (I).
       (v)(I) Subject to subclause (II), for the administrative 
     costs incurred in carrying out the activities described in 
     clauses (i) through (iv).
       (II) An administering entity for an eligible State to which 
     a grant is awarded under this subsection may use not more 
     than 3 percent of the amount of the grant for a purpose 
     described in subclause (I).
       (e) Assurances.--When applying for a grant under this 
     section, a State shall include in the application for that 
     grant assurances that--
       (1) if an entity described in section 5145(b) is awarded 
     grant funds under this section (referred to in this 
     subsection as a ``covered recipient''), provide that--
       (A) the covered recipient shall use the grant funds in 
     accordance with any applicable statute, regulation, and 
     application procedure;
       (B) the administering entity for that State shall adopt and 
     use proper methods of administering any grant that the 
     covered recipient is awarded, including by--
       (i) enforcing any obligation imposed under law on any 
     agency, institution, organization, or other entity that is 
     responsible for carrying out the program to which the grant 
     relates;
       (ii) correcting any deficiency in the operation of a 
     program to which the grant relates, as identified through an 
     audit or another monitoring or evaluation procedure; and
       (iii) adopting written procedures for the receipt and 
     resolution of complaints alleging a violation of law with 
     respect to a program to which the grant relates; and
       (C) the administering entity for that State shall cooperate 
     in carrying out any evaluation--
       (i) of any program that relates to a grant awarded to the 
     covered recipient; and
       (ii) that is carried out by or for the Assistant Secretary 
     or another Federal official;
       (2) the administering entity for that State shall--
       (A) use fiscal control and fund accounting procedures that 
     ensure the proper disbursement of, and accounting for, any 
     Federal funds that the State is awarded under this section;
       (B) submit to the Assistant Secretary any reports that may 
     be necessary to enable the Assistant Secretary to perform the 
     duties of the Assistant Secretary under this section;
       (C) maintain any records and provide any information to the 
     Assistant Secretary, including those records, that the 
     Assistant Secretary determines is necessary to enable the 
     Assistant Secretary to perform the duties of the Assistant 
     Secretary under this section; and
       (D) with respect to any significant proposed change or 
     amendment to the State Digital Equity Plan for the State, 
     make the change or amendment available for public comment in 
     accordance with subsection (c)(2); and
       (3) the State, before submitting to the Assistant Secretary 
     the State Digital Equity Plan of the State, has complied with 
     the requirements of subsection (c)(2).
       (f) Termination of Grant.--
       (1) In general.--The Assistant Secretary shall terminate a 
     grant awarded to an eligible State under this section if, 
     after notice to the State and opportunity for a hearing, the 
     Assistant Secretary--
       (A) presents to the State a rationale and supporting 
     information that clearly demonstrates that--
       (i) the grant funds are not contributing to the development 
     or execution of the State Digital Equity Plan of the State, 
     as applicable; and
       (ii) the State is not upholding assurances made by the 
     State to the Assistant Secretary under subsection (e); and
       (B) determines that the grant is no longer necessary to 
     achieve the original purpose for which Assistant Secretary 
     awarded the grant.
       (2) Redistribution.--If the Assistant Secretary, in a 
     fiscal year, terminates a grant under paragraph (1), the 
     Assistant Secretary shall redistribute the unspent grant 
     amounts--
       (A) to eligible States to which the Assistant Secretary has 
     awarded grants under subsection (d) for that fiscal year; and
       (B) in accordance with the formula described in subsection 
     (d)(3)(A)(i).
       (g) Reporting and Information Requirements; Internet 
     Disclosure.--The Assistant Secretary--
       (1) shall--
       (A) require any entity to which a grant, including a 
     subgrant, is awarded under this section to publicly report, 
     for each year during the period described in subsection 
     (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to 
     the grant, and in a format specified by the Assistant 
     Secretary, on--
       (i) the use of that grant by the entity;
       (ii) the progress of the entity towards fulfilling the 
     objectives for which the grant was awarded; and
       (iii) the implementation of the State Digital Equity Plan 
     of the State;
       (B) establish appropriate mechanisms to ensure that each 
     eligible State to which a grant is awarded under this 
     section--
       (i) uses the grant amounts in an appropriate manner; and
       (ii) complies with all terms with respect to the use of the 
     grant amounts; and
       (C) create and maintain a fully searchable database, which 
     shall be accessible on the internet at no cost to the public, 
     that contains, at a minimum--
       (i) the application of each State that has applied for a 
     grant under this section;
       (ii) the status of each application described in clause 
     (i);
       (iii) each report submitted by an entity under subparagraph 
     (A);
       (iv) a record of public comments made regarding the State 
     Digital Equity Plan of a State, as well as any written 
     responses to or actions taken in as a result of those 
     comments; and
       (v) any other information that is sufficient to allow the 
     public to understand and monitor grants awarded under this 
     section; and
       (2) may establish additional reporting and information 
     requirements for any recipient of a grant under this section.
       (h) Supplement Not Supplant.--A grant or subgrant awarded 
     under this section shall supplement, not supplant, other 
     Federal or State funds that have been made available to carry 
     out activities described in this section.
       (i) Set Asides.--From amounts made available in a fiscal 
     year to carry out the Program, the Assistant Secretary shall 
     reserve--
       (1) not more than 5 percent for the implementation and 
     administration of the Program, which shall include--
       (A) providing technical support and assistance, including 
     ensuring consistency in data reporting;
       (B) providing assistance to--
       (i) States, or administering entities for States, to 
     prepare the applications of those States; and
       (ii) administering entities with respect to grants awarded 
     under this section; and
       (C) developing the report required under section 5146(a);
       (2) not less than 5 percent to award grants to, or enter 
     into contracts or cooperative agreements with, Indian Tribes, 
     Alaska Native entities, and Native Hawaiian organizations to 
     allow those tribes, entities, and organizations to carry out 
     the activities described in this section; and
       (3) not less than 1 percent to award grants to, or enter 
     into contracts or cooperative agreements with, the United 
     States Virgin Islands, Guam, American Samoa, the Commonwealth 
     of the Northern Mariana Islands, and any other territory or 
     possession of the United States that is not a State to enable 
     those entities to carry out the activities described in this 
     section.
       (j) Rules.--The Assistant Secretary may prescribe such 
     rules as may be necessary to carry out this section.

[[Page S7767]]

       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $120,000,000 for the award of grants under subsection 
     (c)(3), which shall remain available until expended;
       (2) for each of the first 5 fiscal years in which amounts 
     are made available to award grants under subsection (d), 
     $250,000,000 for the award of those grants; and
       (3) such sums as may be necessary to carry out this section 
     for each fiscal year after the end of the 5-fiscal year 
     period described in paragraph (2).

     SEC. 5145. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.

       (a) Establishment.--
       (1) In general.--Not later than 30 days after the date on 
     which the Assistant Secretary begins awarding grants under 
     section 5144(d), and not before that date, the Assistant 
     Secretary shall establish in the Department of Commerce the 
     Digital Equity Competitive Grant Program (referred to in this 
     section as the ``Program''), the purpose of which is to award 
     grants to support efforts to achieve digital equity, promote 
     digital inclusion activities, and spur greater adoption of 
     broadband among covered populations.
       (2) Consultation; no conflict.--In establishing the Program 
     under paragraph (1), the Assistant Secretary--
       (A) may consult a State with respect to--
       (i) the identification of groups described in subparagraphs 
     (A) through (H) of section 5142(7) located in that State; and
       (ii) the allocation of grant funds within that State for 
     projects in or affecting the State; and
       (B) shall--
       (i) consult with--

       (I) the Secretary of Agriculture;
       (II) the Secretary of Housing and Urban Development;
       (III) the Secretary of Education;
       (IV) the Secretary of Labor;
       (V) the Secretary of Health and Human Services;
       (VI) the Secretary of Veterans Affairs;
       (VII) the Secretary of the Interior;
       (VIII) the Commission;
       (IX) the Federal Trade Commission;
       (X) the Director of the Institute of Museum and Library 
     Services;
       (XI) the Administrator of the Small Business 
     Administration;
       (XII) the Federal Co-Chair of the Appalachian Regional 
     Commission; and
       (XIII) the head of any other agency that the Assistant 
     Secretary determines to be appropriate; and

       (ii) ensure that the Program complements and enhances, and 
     does not conflict with, other Federal broadband initiatives 
     and programs.
       (b) Eligibility.--The Assistant Secretary may award a grant 
     under the Program to any of the following entities if the 
     entity is not serving, and has not served, as the 
     administering entity for a State under section 5144(b):
       (1) A political subdivision, agency, or instrumentality of 
     a State, including an agency of a State that is responsible 
     for administering or supervising adult education and literacy 
     activities in the State.
       (2) An Indian Tribe, an Alaska Native entity, or a Native 
     Hawaiian organization.
       (3) A foundation, corporation, institution, or association 
     that is--
       (A) a not-for-profit entity; and
       (B) not a school.
       (4) A community anchor institution.
       (5) A local educational agency.
       (6) An entity that carries out a workforce development 
     program.
       (7) A partnership between any of the entities described in 
     paragraphs (1) through (6).
       (8) A partnership between--
       (A) an entity described in any of paragraphs (1) through 
     (6); and
       (B) an entity that--
       (i) the Assistant Secretary, by rule, determines to be in 
     the public interest; and
       (ii) is not a school.
       (c) Application.--An entity that wishes to be awarded a 
     grant under the Program shall submit to the Assistant 
     Secretary an application--
       (1) at such time, in such form, and containing such 
     information as the Assistant Secretary may require; and
       (2) that--
       (A) provides a detailed explanation of how the entity will 
     use any grant amounts awarded under the Program to carry out 
     the purposes of the Program in an efficient and expeditious 
     manner;
       (B) identifies the period in which the applicant will 
     expend the grant funds awarded under the Program;
       (C) includes--
       (i) a justification for the amount of the grant that the 
     applicant is requesting; and
       (ii) for each fiscal year in which the applicant will 
     expend the grant funds, a budget for the activities that the 
     grant funds will support;
       (D) demonstrates to the satisfaction of the Assistant 
     Secretary that the entity--
       (i) is capable of carrying out--

       (I) the project or function to which the application 
     relates; and
       (II) the activities described in subsection (h)--

       (aa) in a competent manner; and
       (bb) in compliance with all applicable Federal, State, and 
     local laws; and
       (ii) if the applicant is an entity described in subsection 
     (b)(1), shall appropriate or otherwise unconditionally 
     obligate from non-Federal sources funds that are necessary to 
     meet the requirements of subsection (e);
       (E) discloses to the Assistant Secretary the source and 
     amount of other Federal, State, or outside funding sources 
     from which the entity receives, or has applied for, funding 
     for activities or projects to which the application relates; 
     and
       (F) provides--
       (i) the assurances that are required under subsection (f); 
     and
       (ii) an assurance that the entity shall follow such 
     additional procedures as the Assistant Secretary may require 
     to ensure that grant funds are used and accounted for in an 
     appropriate manner.
       (d) Award of Grants.--
       (1) Factors considered in award of grants.--In deciding 
     whether to award a grant under the Program, the Assistant 
     Secretary shall, to the extent practicable, consider--
       (A) whether--
       (i) an application shall, if approved--

       (I) increase internet access and the adoption of broadband 
     among covered populations to be served by the applicant; and
       (II) not result in unjust enrichment; and

       (ii) the applicant is, or plans to subcontract with, a 
     socially and economically disadvantaged small business 
     concern;
       (B) the comparative geographic diversity of the application 
     in relation to other eligible applications; and
       (C) the extent to which an application may duplicate or 
     conflict with another program.
       (2) Use of funds.--
       (A) In general.--In addition to the activities required 
     under subparagraph (B), an entity to which the Assistant 
     Secretary awards a grant under the Program shall use the 
     grant amounts to support not less than 1 of the following 
     activities:
       (i) To develop and implement digital inclusion activities 
     that benefit covered populations.
       (ii) To facilitate the adoption of broadband by covered 
     populations in order to provide educational and employment 
     opportunities to those populations.
       (iii) To implement, consistent with the purposes of this 
     chapter--

       (I) training programs for covered populations that cover 
     basic, advanced, and applied skills; or
       (II) other workforce development programs.

       (iv) To make available equipment, instrumentation, 
     networking capability, hardware and software, or digital 
     network technology for broadband services to covered 
     populations at low or no cost.
       (v) To construct, upgrade, expend, or operate new or 
     existing public access computing centers for covered 
     populations through community anchor institutions.
       (vi) To undertake any other project and activity that the 
     Assistant Secretary finds to be consistent with the purposes 
     for which the Program is established.
       (B) Evaluation.--
       (i) In general.--An entity to which the Assistant Secretary 
     awards a grant under the Program shall use not more than 10 
     percent of the grant amounts to measure and evaluate the 
     activities supported with the grant amounts.
       (ii) Submission to assistant secretary.--An entity to which 
     the Assistant Secretary awards a grant under the Program 
     shall submit to the Assistant Secretary each measurement and 
     evaluation performed under clause (i)--

       (I) in a manner specified by the Assistant Secretary;
       (II) not later than 15 months after the date on which the 
     entity is awarded the grant amounts; and
       (III) annually after the submission described in subclause 
     (II) for any year in which the entity expends grant amounts.

       (C) Administrative costs.--An entity to which the Assistant 
     Secretary awards a grant under the Program may use not more 
     than 10 percent of the amount of the grant for administrative 
     costs in carrying out any of the activities described in 
     subparagraph (A).
       (D) Time limitations.--With respect to a grant awarded to 
     an entity under the Program, the entity--
       (i) except as provided in clause (ii), shall expend the 
     grant amounts during the 4-year period beginning on the date 
     on which the entity is awarded the grant amounts; and
       (ii) during the 1-year period beginning on the date that is 
     4 years after the date on which the entity is awarded the 
     grant amounts, may continue to measure and evaluate the 
     activities supported with the grant amounts, as required 
     under subparagraph (B).
       (e) Federal Share.--
       (1) In general.--Except as provided in paragraph (2), the 
     Federal share of any project for which the Assistant 
     Secretary awards a grant under the Program may not exceed 90 
     percent.
       (2) Exception.--The Assistant Secretary may grant a waiver 
     with respect to the limitation on the Federal share of a 
     project described in paragraph (1) if--
       (A) the applicant with respect to the project petitions the 
     Assistant Secretary for the waiver; and
       (B) the Assistant Secretary determines that the petition 
     described in subparagraph (A) demonstrates financial need.
       (f) Assurances.--When applying for a grant under this 
     section, an entity shall include in the application for that 
     grant assurances that the entity shall--
       (1) use any grant funds that the entity is awarded--

[[Page S7768]]

       (A) in accordance with any applicable statute, regulation, 
     and application procedure; and
       (B) to the extent required under applicable law;
       (2) adopt and use proper methods of administering any grant 
     that the entity is awarded, including by--
       (A) enforcing any obligation imposed under law on any 
     agency, institution, organization, or other entity that is 
     responsible for carrying out a program to which the grant 
     relates;
       (B) correcting any deficiency in the operation of a program 
     to which the grant relates, as identified through an audit or 
     another monitoring or evaluation procedure; and
       (C) adopting written procedures for the receipt and 
     resolution of complaints alleging a violation of law with 
     respect to a program to which the grant relates;
       (3) cooperate with respect to any evaluation--
       (A) of any program that relates to a grant awarded to the 
     entity; and
       (B) that is carried out by or for the Assistant Secretary 
     or another Federal official;
       (4) use fiscal control and fund accounting procedures that 
     ensure the proper disbursement of, and accounting for, any 
     Federal funds that the entity is awarded under the Program;
       (5) submit to the Assistant Secretary any reports that may 
     be necessary to enable the Assistant Secretary to perform the 
     duties of the Assistant Secretary under the Program; and
       (6) maintain any records and provide any information to the 
     Assistant Secretary, including those records, that the 
     Assistant Secretary determines is necessary to enable the 
     Assistant Secretary to perform the duties of the Assistant 
     Secretary under the Program.
       (g) Deobligation or Termination of Grant.--In addition to 
     other authority under applicable law, the Assistant Secretary 
     may--
       (1) deobligate or terminate a grant awarded to an entity 
     under this section if, after notice to the entity and 
     opportunity for a hearing, the Assistant Secretary--
       (A) presents to the entity a rationale and supporting 
     information that clearly demonstrates that--
       (i) the grant funds are not being used in a manner that is 
     consistent with the application with respect to the grant 
     submitted by the entity under subsection (c); and
       (ii) the entity is not upholding assurances made by the 
     entity to the Assistant Secretary under subsection (f); and
       (B) determines that the grant is no longer necessary to 
     achieve the original purpose for which Assistant Secretary 
     awarded the grant; and
       (2) with respect to any grant funds that the Assistant 
     Secretary deobligates or terminates under paragraph (1), 
     competitively award the grant funds to another applicant, 
     consistent with the requirements of this section.
       (h) Reporting and Information Requirements; Internet 
     Disclosure.--The Assistant Secretary--
       (1) shall--
       (A) require any entity to which the Assistant Secretary 
     awards a grant under the Program to, for each year during the 
     period described in subsection (d)(2)(D) with respect to the 
     grant, submit to the Assistant Secretary a report, in a 
     format specified by the Assistant Secretary, regarding--
       (i) the amount of the grant;
       (ii) the use by the entity of the grant amounts; and
       (iii) the progress of the entity towards fulfilling the 
     objectives for which the grant was awarded;
       (B) establish mechanisms to ensure appropriate use of, and 
     compliance with respect to all terms regarding, grant funds 
     awarded under the Program;
       (C) create and maintain a fully searchable database, which 
     shall be accessible on the internet at no cost to the public, 
     that contains, at a minimum--
       (i) a list of each entity that has applied for a grant 
     under the Program;
       (ii) a description of each application described in clause 
     (i), including the proposed purpose of each grant described 
     in that clause;
       (iii) the status of each application described in clause 
     (i), including whether the Assistant Secretary has awarded a 
     grant with respect to the application and, if so, the amount 
     of the grant;
       (iv) each report submitted by an entity under subparagraph 
     (A); and
       (v) any other information that is sufficient to allow the 
     public to understand and monitor grants awarded under the 
     Program; and
       (D) ensure that any entity with respect to which an award 
     is deobligated or terminated under subsection (g) may, in a 
     timely manner, appeal or otherwise challenge that 
     deobligation or termination, as applicable; and
       (2) may establish additional reporting and information 
     requirements for any recipient of a grant under the Program.
       (i) Supplement Not Supplant.--A grant awarded to an entity 
     under the Program shall supplement, not supplant, other 
     Federal or State funds that have been made available to the 
     entity to carry out activities described in this section.
       (j) Set Asides.--From amounts made available in a fiscal 
     year to carry out the Program, the Assistant Secretary shall 
     reserve--
       (1) 5 percent for the implementation and administration of 
     the Program, which shall include--
       (A) providing technical support and assistance, including 
     ensuring consistency in data reporting;
       (B) providing assistance to entities to prepare the 
     applications of those entities with respect to grants awarded 
     under this section;
       (C) developing the report required under section 5146(a); 
     and
       (D) conducting outreach to entities that may be eligible to 
     be awarded a grant under the Program regarding opportunities 
     to apply for such a grant;
       (2) 5 percent to award grants to, or enter into contracts 
     or cooperative agreements with, Indian Tribes, Alaska Native 
     entities, and Native Hawaiian organizations to allow those 
     tribes, entities, and organizations to carry out the 
     activities described in this section; and
       (3) 1 percent to award grants to, or enter into contracts 
     or cooperative agreements with, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States that is not a State to enable 
     those entities to carry out the activities described in this 
     section.
       (k) Rules.--The Assistant Secretary may prescribe such 
     rules as may be necessary to carry out this section.
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $250,000,000 for each of the first 5 fiscal years in 
     which funds are made available to carry out this section; and
       (2) such sums as may be necessary for each fiscal year 
     after the end of the 5-fiscal year period described in 
     paragraph (1).

     SEC. 5146. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND 
                   MODELING, EVALUATION, AND DISSEMINATION.

       (a) Reporting Requirements.--
       (1) In general.--Not later than 1 year after the date on 
     which the Assistant Secretary begins awarding grants under 
     section 5144(d)(1), and annually thereafter, the Assistant 
     Secretary shall--
       (A) submit to the appropriate committees of Congress a 
     report that documents, for the year covered by the report--
       (i) the findings of each evaluation conducted under 
     subparagraph (B);
       (ii) a list of each grant awarded under each covered 
     program, which shall include--

       (I) the amount of each such grant;
       (II) the recipient of each such grant; and
       (III) the purpose for which each such grant was awarded;

       (iii) any deobligation, termination, or modification of a 
     grant awarded under the covered programs, which shall include 
     a description of the subsequent usage of any funds to which 
     such an action applies; and
       (iv) each challenge made by an applicant for, or a 
     recipient of, a grant under the covered programs and the 
     outcome of each such challenge; and
       (B) conduct evaluations of the activities carried out under 
     the covered programs, which shall include an evaluation of--
       (i) whether eligible States to which grants are awarded 
     under the program established under section 5144 are--

       (I) abiding by the assurances made by those States under 
     subsection (e) of that section;
       (II) meeting, or have met, the stated goals of the Digital 
     Equity Plans developed by the States under subsection (c) of 
     that section;
       (III) satisfying the requirements imposed by the Assistant 
     Secretary on those States under subsection (g) of that 
     section; and
       (IV) in compliance with any other rules, requirements, or 
     regulations promulgated by the Assistant Secretary in 
     implementing that program; and

       (ii) whether entities to which grants are awarded under the 
     program established under section 5145 are--

       (I) abiding by the assurances made by those entities under 
     subsection (f) of that section;
       (II) meeting, or have met, the stated goals of those 
     entities with respect to the use of the grant amounts;
       (III) satisfying the requirements imposed by the Assistant 
     Secretary on those States under subsection (h) of that 
     section; and
       (IV) in compliance with any other rules, requirements, or 
     regulations promulgated by the Assistant Secretary in 
     implementing that program.

       (2) Public availability.--The Assistant Secretary shall 
     make each report submitted under paragraph (1)(A) publicly 
     available in an online format that--
       (A) facilitates access and ease of use;
       (B) is searchable; and
       (C) is accessible--
       (i) to individuals with disabilities; and
       (ii) in languages other than English.
       (b) Authority to Contract and Enter Into Other 
     Arrangements.--The Assistant Secretary may award grants and 
     enter into contracts, cooperative agreements, and other 
     arrangements with Federal agencies, public and private 
     organizations, and other entities with expertise that the 
     Assistant Secretary determines appropriate in order to--
       (1) evaluate the impact and efficacy of activities 
     supported by grants awarded under the covered programs; and

[[Page S7769]]

       (2) develop, catalog, disseminate, and promote the exchange 
     of best practices, both with respect to and independent of 
     the covered programs, in order to achieve digital equity.
       (c) Consultation and Public Engagement.--In carrying out 
     subsection (a), and to further the objectives described in 
     paragraphs (1) and (2) of subsection (b), the Assistant 
     Secretary shall conduct ongoing collaboration and consult 
     with--
       (1) the Secretary of Agriculture;
       (2) the Secretary of Housing and Urban Development;
       (3) the Secretary of Education;
       (4) the Secretary of Labor;
       (5) the Secretary of Health and Human Services;
       (6) the Secretary of Veterans Affairs;
       (7) the Secretary of the Interior;
       (8) the Commission;
       (9) the Federal Trade Commission;
       (10) the Director of the Institute of Museum and Library 
     Services;
       (11) the Administrator of the Small Business 
     Administration;
       (12) the Federal Co-Chair of the Appalachian Regional 
     Commission;
       (13) State agencies and governors of States (or equivalent 
     officials);
       (14) entities serving as administering entities for States 
     under section 5144(b);
       (15) national, State, Tribal, and local organizations that 
     provide digital inclusion, digital equity, or digital 
     literacy services;
       (16) researchers, academics, and philanthropic 
     organizations; and
       (17) other agencies, organizations (including international 
     organizations), entities (including entities with expertise 
     in the fields of data collection, analysis and modeling, and 
     evaluation), and community stakeholders, as determined 
     appropriate by the Assistant Secretary.
       (d) Technical Support and Assistance.--The Assistant 
     Secretary shall provide technical support and assistance, 
     assistance to entities to prepare the applications of those 
     entities with respect to grants awarded under the covered 
     programs, and other resources, to the extent practicable, to 
     ensure consistency in data reporting and to meet the 
     objectives of this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section, which shall remain available until expended.

     SEC. 5147. GENERAL PROVISIONS.

       (a) Nondiscrimination.--
       (1) In general.--No individual in the United States may, on 
     the basis of actual or perceived race, color, religion, 
     national origin, sex, gender identity, sexual orientation, 
     age, or disability, be excluded from participation in, be 
     denied the benefits of, or be subjected to discrimination 
     under any program or activity that is funded in whole or in 
     part with funds made available under this chapter.
       (2) Enforcement.--The Assistant Secretary shall effectuate 
     paragraph (1) with respect to any program or activity 
     described in that paragraph by issuing regulations and taking 
     actions consistent with section 602 of the Civil Rights Act 
     of 1964 (42 U.S.C. 2000d-1).
       (3) Judicial review.--Judicial review of an action taken by 
     the Assistant Secretary under paragraph (2) shall be 
     available to the extent provided in section 603 of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000d-2).
       (b) Technological Neutrality.--The Assistant Secretary 
     shall, to the extent practicable, carry out this chapter in a 
     technologically neutral manner.
       (c) Audit and Oversight.--Beginning in the first fiscal 
     year in which amounts are made available to carry out an 
     activity authorized under this chapter, and in each of the 4 
     fiscal years thereafter, there is authorized to be 
     appropriated to the Office of Inspector General for the 
     Department of Commerce $1,000,000 for audits and oversight of 
     funds made available to carry out this chapter, which shall 
     remain available until expended.

Subtitle B--Affordable Housing and Community Investments and Restoring 
                        Fair Housing Protections

     SEC. 5201. AFFORDABLE HOUSING AND COMMUNITY INVESTMENTS AND 
                   RESTORING FAIR HOUSING PROTECTIONS.

       (a) Definitions.--In this section:
       (1) Consolidated plan.--The term ``consolidated plan'' 
     means a comprehensive housing affordability strategy and 
     community development plan required under part 91 of title 
     24, Code of Federal Regulations, or any successor regulation.
       (2) Department.--The term ``Department'' means the 
     Department of Housing and Urban Development.
       (3) High-poverty area.--The term ``high-poverty area'' 
     means a census tract with a poverty rate of not less than 20 
     percent for the duration of the 5-year period ending on the 
     date of enactment of this Act.
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103).
       (5) Public housing; public housing agency.--The terms 
     ``public housing'' and ``public housing agency'' have the 
     meanings given those terms in section 3(b) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437a(b)).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (7) Tribally designated housing entity.--The term 
     ``tribally designated housing entity'' has the meaning given 
     the term in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103).
       (b) Investments in Affordable Housing, Fair Housing, and 
     Community Development.--
       (1) Community development block grant program.--
       (A) Appropriations.--
       (i) In general.--There is appropriated to the Secretary, 
     out of amounts in the Treasury not otherwise appropriated, 
     $15,000,000,000 for assistance under the community 
     development block grant program under title I of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5301 et 
     seq.), to remain available until September 30, 2024.
       (ii) Limitations.--Not more than 15 percent of any amounts 
     made available pursuant to clause (i) may be used by a 
     grantee for administrative and planning costs, except that up 
     to an additional 5 percent may be used to--

       (I) support local initiatives, policies, programs, and 
     ordinances that support the creation of housing affordable to 
     households with incomes at or below 80 percent of area median 
     income, as defined by the Secretary, throughout the 
     jurisdiction served by the grantee; or
       (II) support the community engagement and outreach 
     activities required under subparagraph (E).

       (iii) Technical assistance.--Of the amounts appropriated 
     under clause (i), $25,000,000 shall be used for technical 
     assistance to grantees of funds made available under this 
     paragraph to--

       (I) support--

       (aa) the development of displacement prevention plans under 
     subparagraph (C) and coordination plans under subparagraph 
     (D); and
       (bb) the community engagement and outreach activities 
     required under subparagraph (E); and

       (II) perform fair housing planning.

       (B) Activities dedicated to high-poverty areas.--
       (i) In general.--Activities funded from amounts made 
     available under this paragraph shall be conducted in, or for 
     the benefit of residents of and businesses located in--

       (I) a high-poverty area; or
       (II) a sub-area within a high-poverty area that also has a 
     poverty rate of not less than 20 percent.

       (ii) Exception for affordable housing.--Housing activities 
     funded from amounts made available under this paragraph to 
     create, acquire, or renovate housing affordable to households 
     with incomes at or below 80 percent of area median income, as 
     defined by the Secretary, may be conducted in or for the 
     benefit of those households throughout the jurisdiction.
       (C) Displacement prevention plan.--Each grantee of funds 
     made available under this paragraph shall develop a plan, to 
     be included within the amended consolidated plan of the 
     grantee, to prevent displacement of existing residents and 
     businesses, which shall--
       (i) provide an analysis of whether new investments from 
     funds made available under this paragraph or other factors 
     related to these investments would lead to the displacement 
     of existing homeowners, renters, or businesses in high-
     poverty areas or areas adjacent to high-poverty areas; and
       (ii) outline strategies that the grantee will implement to 
     monitor and to prevent the displacement described in clause 
     (i) and to ensure the future availability of housing 
     affordable to low- and moderate-income households in 
     investment areas.
       (D) Coordination with other federal funds and grantees.--
     Each grantee of funds made available under this paragraph 
     shall develop a plan, to be included within the amended 
     consolidated plan of the grantee, that shall discuss how the 
     grantee plans to coordinate the expenditures of the grantee 
     under this paragraph with--
       (i) any other grant funds the grantee will receive under 
     this Act;
       (ii) any other Federal grants or other assistance available 
     to the grantee that could be used to further the purposes of 
     this section;
       (iii) the efforts of other grantees operating within the 
     jurisdiction of the grantee, including technical assistance 
     providers, to further the purposes of this section; and
       (iv) tax credits available to households under this 
     section.
       (E) Enhanced community engagement and section 3 outreach.--
       (i) In general.--In developing the required amendment to 
     the consolidated plan of a grantee describing the use of 
     funds by a grantee under this paragraph, the grantee shall 
     conduct additional outreach to solicit comment from--

       (I) organizations with experience in fair housing;
       (II) organizations with experience in affordable housing;
       (III) organizations providing services for persons with 
     disabilities;
       (IV) homelessness service organizations;
       (V) housing counseling organizations;
       (VI) organizations providing culturally competent services 
     for underserved populations or populations with limited 
     English proficiency; and

[[Page S7770]]

       (VII) residents of and small businesses in high-poverty 
     areas in the jurisdiction served by the grantee.

       (ii) Section 3.--Each grantee of funds made available under 
     this paragraph shall conduct outreach to residents of public 
     housing and other persons eligible to participate in the job 
     training and employment opportunities provided under section 
     3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 
     1701u) and relevant community organizations representing and 
     working with those persons to enhance awareness of job 
     training and employment opportunities provided under that 
     section that may become available due to activities funded 
     under this paragraph.
       (F) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary, utilize other strategies to 
     reduce emissions and energy costs; and
       (ii) ensure that housing and infrastructure investments 
     incorporate features necessary to create or improve 
     resilience to natural disasters, or man-made disasters 
     exacerbated by extreme weather conditions, as applicable to 
     the area in which the investments are located.
       (G) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary for staffing, training, 
     technical assistance, technology, monitoring, travel, 
     enforcement, research, and evaluation activities.
       (2) Technical assistance.--
       (A) In general.--There is appropriated to the Secretary, 
     out of amounts in the Treasury not otherwise appropriated, 
     $100,000,000, to remain available until September 30, 2024, 
     for housing and community development technical assistance to 
     assist communities and community-based organizations to 
     ensure the timely and effective deployment of funds made 
     available under this subsection and promote equitable 
     community development, including--
       (i) $40,000,000 for the second, third, and fourth capacity 
     building activities authorized under section 4(a) of the HUD 
     Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not 
     less than $5,000,000 shall be made available for rural 
     capacity building activities;
       (ii) $10,000,000 for capacity building by national rural 
     housing organizations with experience assessing national 
     rural conditions and providing financing, training, technical 
     assistance, information, and research to local nonprofit 
     organizations, local governments, and Indian Tribes serving 
     high-need rural communities;
       (iii) $10,000,000 for the Self-Help Homeownership 
     Opportunity Program authorized under section 11 of the 
     Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 
     12805 note);
       (iv) $10,000,000 for fair housing education and outreach 
     initiative grants; and
       (v) $30,000,000 for the Neighborhood Reinvestment 
     Corporation (in this subsection referred to as the 
     ``Corporation'') established under the Neighborhood 
     Reinvestment Corporation Act (42 U.S.C. 8101 et seq.) for 
     housing counseling services.
       (B) Disbursement of corporation funds.--
       (i) Priority.--Not less than 40 percent of amounts 
     described in subparagraph (A)(v) shall be provided to 
     counseling organizations that target counseling services to 
     minority and low-income homeowners, renters, individuals 
     experiencing homelessness, and individuals at risk of 
     homelessness or provide such services in neighborhoods with 
     high concentrations of minority and low-income homeowners, 
     renters, individuals experiencing homelessness, and 
     individuals at risk of homelessness.
       (ii) Disbursement.--

       (I) In general.--The Corporation shall disburse all grant 
     funds described in subparagraph (A)(v) as expeditiously as 
     possible, through grants to housing counseling intermediaries 
     approved by the Department of Housing and Urban Development, 
     State housing finance agencies, and NeighborWorks 
     organizations.
       (II) Limitation.--The aggregate amount provided to 
     NeighborWorks organizations under this subsection shall not 
     exceed 15 percent of the total grant funds made available 
     pursuant to this paragraph.

       (3) Public housing capital fund.--
       (A) Appropriations.--There is appropriated to the 
     Secretary, out of amounts in the Treasury not otherwise 
     appropriated, $15,000,000,000 for the Capital Fund under 
     section 9(d) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(d)), to remain available until September 30, 
     2024.
       (B) Requirements.--The Secretary shall--
       (i) not later than 30 days after the date of enactment of 
     this Act, distribute not less than 70 percent of amounts 
     appropriated under subparagraph (A) under the same formula 
     used for amounts made available for the Capital Fund for 
     fiscal year 2020, except that the Secretary may determine not 
     to allocate funding to public housing agencies that are 
     designated as troubled at the time of such determination or 
     to public housing agencies that elect not to accept such 
     funding, or both, and provided that public housing agencies 
     prioritize--

       (I) urgent health and safety concerns, including lead 
     hazards, carbon monoxide, radon, and other issues;
       (II) work items in the existing 5-year capital plan of the 
     public housing agency;
       (III) energy efficiency; and
       (IV) the renovation of vacant units; and

       (ii) not later than 270 days after the date of enactment of 
     this Act, make available all remaining amounts under this 
     paragraph by competition for priority investments, including 
     investments that address--

       (I) lead hazards, carbon monoxide, radon, and other urgent 
     health and safety concerns;
       (II) energy efficiency and resilience;
       (III) the renovation of vacant units; and
       (IV) such other priorities as the Secretary may identify.

       (C) Limitation.--Amounts made available under this 
     paragraph may not be used for operating costs under section 
     9(d) of the Housing Act of 1937 (42 U.S.C. 1437g(d)) other 
     than costs related to the provision of broadband internet 
     access within public housing properties.
       (D) Section 3 outreach.--Each grantee of funds made 
     available under this paragraph shall conduct outreach to 
     residents of public housing and other persons eligible to 
     participate in the job training and employment opportunities 
     provided under section 3 of the Housing and Urban Development 
     Act of 1968 (12 U.S.C. 1701u) and relevant community 
     organizations representing and working with those persons to 
     enhance awareness of job training and employment 
     opportunities provided under that section that may become 
     available due to activities funded under this paragraph.
       (E) Monitoring of troubled public housing agencies.--With 
     respect to any public housing agency that is designated as 
     troubled at the time that amounts appropriated pursuant to 
     this paragraph are obligated for the public housing agency, 
     the Secretary shall provide additional monitoring and 
     oversight of the public housing agency to ensure that any 
     amounts provided are used in accordance with this paragraph 
     and any applicable laws, including fair housing laws.
       (F) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary, utilize other strategies to 
     reduce emissions and energy costs; and
       (ii) ensure that housing investments incorporate features 
     necessary to create or improve resilience to natural 
     disasters, or man-made disasters exacerbated by extreme 
     weather conditions, as applicable to the area in which the 
     housing is located.
       (G) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary for staffing, training, 
     technical assistance, technology, monitoring, travel, 
     enforcement, research, and evaluation activities.
       (4) Choice neighborhoods initiative grants.--
       (A) Appropriations.--
       (i) In general.--There is appropriated to the Secretary, 
     out of amounts in the Treasury not otherwise appropriated, 
     $1,000,000,000, to remain available until September 30, 2025, 
     for grants provided under the terms provided under the 
     heading ``Choice Neighborhoods Initiative'' of title II of 
     the Transportation, Housing and Urban Development, and 
     Related Agencies Appropriations Act, 2020 (Public Law 116-
     94), of which not less than $650,000,000 shall be awarded to 
     public housing agencies and of which not more than 
     $20,000,000 may be awarded for grants to undertake 
     comprehensive local planning efforts in consultation with 
     residents and the community.
       (ii) Priority to prior year finalists.--In making awards 
     using funds made available under this paragraph, the 
     Secretary--

       (I) shall prioritize applicants that were designated as 
     finalists in fiscal year 2018, 2019, or 2020 in Choice 
     Neighborhoods Implementation Grant competitions but have not 
     yet received an award in subsequent grant rounds; and
       (II) may establish a streamlined application process for 
     the applicants described in subclause (I) that is designed to 
     ensure that previous finalist plans remain viable and have 
     been the subject of a recent public hearing, in addition to 
     such other information the Secretary may require.

       (B) Section 3 outreach.--Each grantee of funds made 
     available under this paragraph shall conduct outreach to 
     residents of public housing and other persons eligible to 
     participate in the job training and employment opportunities 
     provided under section 3 of the Housing and Urban Development 
     Act of 1968 (12 U.S.C. 1701u) and relevant community 
     organizations representing and working with those persons to 
     enhance awareness of job training and employment 
     opportunities provided under that section that may become 
     available due to activities funded under this paragraph.
       (C) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary, utilize other strategies to 
     reduce emissions and energy costs; and

[[Page S7771]]

       (ii) ensure that housing investments incorporate features 
     necessary to create or improve resilience to natural 
     disasters, or man-made disasters exacerbated by extreme 
     weather conditions, as applicable to the area in which the 
     housing is located.
       (D) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary for staffing, training, 
     technical assistance, technology, monitoring, travel, 
     enforcement, research, and evaluation activities.
       (5) Native american housing and community development 
     grants.--
       (A) Appropriations.--There is appropriated to the 
     Secretary, out of amounts in the Treasury not otherwise 
     appropriated, $1,500,000,000 to remain available until 
     September 30, 2024, for Native American, Alaska Native, and 
     Native Hawaiian housing and community development activities, 
     of which--
       (i) $960,000,000 shall be available to carry out the Native 
     American housing block grant program under title I of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4111 et seq.);
       (ii) $10,000,000 shall be available for providing training 
     and technical assistance to Indian Tribes, Indian housing 
     authorities, and tribally designated housing entities to 
     support activities under this title;
       (iii) $30,000,000 shall be available to carry out the 
     Native Hawaiian housing block grant program under title VIII 
     of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4221 et seq.); and
       (iv) $500,000,000 shall be available for grants to Indian 
     Tribes for carrying out the Indian community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.), 
     notwithstanding section 106(a)(1) of such Act (42 U.S.C. 
     5306(a)(1)).
       (B) Requirements.--The Secretary shall--
       (i) not later than 30 days after the date of enactment of 
     this Act, distribute not less than 50 percent of amounts 
     appropriated under clause (i) of subparagraph (A) under the 
     same formula used for amounts made available for the program 
     described in that subparagraph for fiscal year 2020, except 
     that the Secretary may determine not to allocate funding to 
     tribally designated housing entities that elect not to accept 
     such funding; and
       (ii) not later than 270 days after the date of enactment of 
     this Act, make available all remaining amounts under this 
     paragraph by competition for priority investments, including 
     urgent health and safety concerns, and such other priorities 
     as the Secretary may identify.
       (C) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary, utilize other strategies to 
     reduce emissions and energy costs; and
       (ii) ensure that housing and infrastructure investments 
     incorporate features necessary to create or improve 
     resilience to natural disasters, or man-made disasters 
     exacerbated by extreme weather conditions, as applicable to 
     the area in which the investments are located.
       (D) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary for staffing, training, 
     technical assistance, technology, monitoring, travel, 
     enforcement, research, and evaluation activities.
       (6) Home investment partnerships program.--
       (A) Appropriations.--There is appropriated to the 
     Secretary, out of amounts in the Treasury not otherwise 
     appropriated, $5,000,000,000 for carrying out the HOME 
     Investment Partnerships Program under title II of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12721 et seq.), to remain available until September 30, 2024.
       (B) Section 3 outreach.--Each grantee of funds made 
     available under this paragraph shall conduct outreach to 
     residents of public housing and other persons eligible to 
     participate in the job training and employment opportunities 
     provided under section 3 of the Housing and Urban Development 
     Act of 1968 (12 U.S.C. 1701u) and relevant community 
     organizations representing and working with those persons to 
     enhance awareness of job training and employment 
     opportunities provided under that section that may become 
     available due to activities funded under this paragraph.
       (C) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary, utilize other strategies to 
     reduce emissions and energy costs; and
       (ii) ensure that housing investments incorporate features 
     necessary to create or improve resilience to natural 
     disasters, or man-made disasters exacerbated by extreme 
     weather conditions, as applicable to the area in which the 
     housing is located.
       (D) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary for staffing, training, 
     technical assistance, technology, monitoring, travel, 
     enforcement, research, and evaluation activities.
       (7) Housing trust fund.--
       (A) Appropriations.--There is appropriated to the 
     Secretary, out of amounts in the Treasury not otherwise 
     appropriated, for the Housing Trust Fund under section 1338 
     of the Federal Housing Enterprises Financial Safety and 
     Soundness Act of 1992 (12 U.S.C. 4568) $4,000,000,000, to 
     remain available until expended.
       (B) Section 3 outreach.--Each grantee of funds made 
     available under this paragraph shall conduct outreach to 
     residents of public housing and other persons eligible to 
     participate in the job training and employment opportunities 
     provided under section 3 of the Housing and Urban Development 
     Act of 1968 (12 U.S.C. 1701u) and relevant community 
     organizations representing and working with those persons to 
     enhance awareness of job training and employment 
     opportunities provided under that section that may become 
     available due to activities funded under this paragraph.
       (C) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary, utilize other strategies to 
     reduce emissions and energy costs; and
       (ii) ensure that housing investments incorporate features 
     necessary to create or improve resilience to natural 
     disasters, or man-made disasters exacerbated by extreme 
     weather conditions, as applicable to the area in which the 
     housing is located.
       (D) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary for staffing, training, 
     technical assistance, technology, monitoring, travel, 
     enforcement, research, and evaluation activities.
       (8) Capital magnet fund.--
       (A) Appropriations.--There is appropriated to the Secretary 
     of the Treasury, out of amounts in the Treasury not otherwise 
     appropriated, for the Capital Magnet Fund under section 1339 
     of the Federal Housing Enterprises Financial Safety and 
     Soundness Act of 1992 (12 U.S.C. 4569) $1,400,000,000, to 
     remain available until expended.
       (B) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary, utilize other strategies to 
     reduce emissions and energy costs; and
       (ii) ensure that housing and infrastructure investments 
     incorporate features necessary to create or improve 
     resilience to natural disasters, or man-made disasters 
     exacerbated by extreme weather conditions, as applicable to 
     the area in which the investments are located.
       (C) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary of the Treasury for 
     staffing, training, technical assistance, technology, 
     monitoring, travel, enforcement, research, and evaluation 
     activities.
       (9) Removal of lead hazards and promoting healthy 
     housing.--
       (A) Appropriations.--There is appropriated to the 
     Secretary, out of amounts in the Treasury not otherwise 
     appropriated, $6,000,000,000 for lead hazard control and 
     healthy housing, to remain available until September 30, 
     2024, of which--
       (i) $2,500,000,000 shall be for the lead hazard reduction 
     program, as authorized by section 1011 of the Residential 
     Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 
     4852);
       (ii) $1,500,000,000 shall be for grants pursuant to section 
     1011 of the Residential Lead-Based Paint Hazard Reduction Act 
     of 1992 (42 U.S.C. 4852), which shall be provided to areas 
     with the highest lead-based paint abatement needs; and
       (iii) $2,000,000,000 shall be for the Healthy Homes 
     Initiative, pursuant to sections 501 and 502 of the Housing 
     and Urban Development Act of 1970 (12 U.S.C. 1701z-1, 1701z-
     2), which shall include research, studies, testing, and 
     demonstration efforts, including education and outreach 
     concerning developing best practices relating to lead-based 
     paint poisoning and other housing related diseases and 
     hazards.
       (B) Demonstration grants.--Of amounts made available under 
     subparagraph (A), the Secretary may utilize up to 
     $500,000,000 for demonstration projects designed to develop 
     or test best practices with regard to the provision of 
     healthy housing, including--
       (i) eliminating lead-paint hazards in high-risk geographic 
     areas and households with children at high risk of lead paint 
     poisoning;
       (ii) community-wide strategies to eliminate lead hazards in 
     housing;
       (iii) in coordination with local water systems and the 
     Administrator of the Environmental Protection Agency, 
     eliminating lead services lines in federally assisted housing 
     or housing owned or rented by low-income households;
       (iv) programs to coordinate lead and health hazard removal 
     with weatherization, energy

[[Page S7772]]

     efficiency, or ventilation improvement programs or 
     strategies;
       (v) lead hazard and healthy housing workforce development, 
     including in rural communities; and
       (vi) other demonstrations as identified by the Secretary.
       (10) Rural multifamily preservation and revitalization 
     demonstration program.--
       (A) Appropriations.--There is appropriated to the Secretary 
     of Agriculture, out of amounts in the Treasury not otherwise 
     appropriated, $1,000,000,000, for carrying out the 
     Multifamily Preservation and Revitalization Demonstration 
     program of the Rural Housing Service authorized under 
     sections 514, 515, and 516 of the Housing Act of 1949 (42 
     U.S.C. 1484, 1485, 1486), to remain available until September 
     30, 2024.
       (B) Energy efficiency and resilience.--Each grantee of 
     funds made available under this paragraph shall--
       (i) ensure that housing renovation and new construction 
     activities funded under this paragraph create or improve 
     water and energy efficiency of the applicable housing and, at 
     the discretion of the Secretary of Agriculture, utilize other 
     strategies to reduce emissions and energy costs; and
       (ii) ensure that housing investments incorporate features 
     necessary to create or improve resilience to natural 
     disasters, or man-made disasters exacerbated by extreme 
     weather conditions, as applicable to the area in which the 
     housing is located.
       (C) Oversight and administration.--Of the funds made 
     available under this paragraph, not more than 0.5 percent 
     shall be available to the Secretary of Agriculture for 
     staffing, training, technical assistance, technology, 
     monitoring, travel, enforcement, research, and evaluation 
     activities.
       (c) Repeal of Faircloth Amendment.--Section 9(g) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is 
     amended by striking paragraph (3).
       (d) Restoring Fair Housing Protections.--
       (1) Affirmatively furthering fair housing.--
       (A) Public information and transparency.--
       (i) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall reestablish and 
     publish in a publicly accessible manner on the website of the 
     Department the Affirmatively Furthering Fair Housing Data and 
     Mapping Tool (AFFH-T), which was previously available on the 
     website of the Department.
       (ii) Updates.--In reestablishing and publishing the tool 
     described in clause (i), the Secretary shall update the tool 
     for the most recent data available, and subsequently update 
     the tool not less frequently than annually.
       (B) Repeal of regulation.--The final rule issued by the 
     Department entitled ``Preserving Community and Neighborhood 
     Choice'' (85 Fed. Reg. 47899 (August 7, 2020)) shall have no 
     force or effect.
       (C) Assessment tools.--
       (i) Local governments.--The Secretary shall--

       (I) not later than 30 days after the date of enactment of 
     this Act, publish in the Federal Register a notice for public 
     comment relating to establishing a fair housing assessment 
     tool for use by local governments; and
       (II) not later than 150 days after the date of enactment of 
     this Act, publish on the website of the Department and make 
     available to local governments a final fair housing 
     assessment tool.

       (ii) Public housing agencies.--The Secretary shall--

       (I) not later than 90 days after the date of enactment of 
     this Act, publish in the Federal Register a notice for public 
     comment relating to establishing a fair housing assessment 
     tool for use by public housing agencies; and
       (II) not later than 180 days after the date of enactment of 
     this Act, publish on the website of the Department and make 
     available to public housing agencies a final fair housing 
     assessment tool.

       (iii) State governments.--The Secretary shall--

       (I) not later than 120 days after the date of enactment of 
     this Act, publish in the Federal Register a notice for public 
     comment relating to establishing a fair housing assessment 
     tool for use by State governments; and
       (II) not later than 210 days after the date of enactment of 
     this Act, publish on the website of the Department and make 
     available to State governments a final fair housing 
     assessment tool.

       (2) Repeal of disparate impact regulation.--The final rule 
     issued by the Department entitled ``HUD's Implementation of 
     the Fair Housing Act's Disparate Impact Standard'' (85 Fed. 
     Reg. 60288 (September 24, 2020)) shall have no force or 
     effect.
       (3) Repeal of occ community reinvestment act regulation.--
     The final rule issued by the Office of the Comptroller of the 
     Currency entitled ``Community Reinvestment Act Regulations'' 
     (85 Fed. Reg. 34734 (June 5, 2020)) shall have no force or 
     effect.
       (e) Financial Institutions.--
       (1) In general.--All persons shall be entitled to the full 
     and equal enjoyment of the goods, services, facilities, 
     privileges, and accommodations of any financial institution, 
     as defined in section 803 of the Payment, Clearing, and 
     Settlement Supervision Act of 2010 (12 U.S.C. 5462), without 
     discrimination on the ground of race, color, religion, 
     national origin, and sex (including sexual orientation and 
     gender identity).
       (2) Private right of action.--
       (A) In general.--Whenever any person has engaged or there 
     are reasonable grounds to believe that any person is about to 
     engage in any act or practice prohibited by paragraph (1), a 
     civil action for preventive relief, including an application 
     for a permanent or temporary injunction, restraining order, 
     or other order, may be instituted by the person aggrieved.
       (B) Costs.--In any action commenced pursuant to this 
     subsection, the court, in its discretion, may allow the 
     prevailing party, other than the United States, a reasonable 
     attorney's fee as part of the costs, and the United States 
     shall be liable for costs the same as a private person.
       (C) Jurisdiction.--The district courts of the United States 
     shall have jurisdiction of proceedings instituted pursuant to 
     this subsection and shall exercise the same without regard to 
     whether the aggrieved party shall have exhausted any 
     administrative or other remedies that may be provided by law.
       (D) Exclusive means.--The remedies provided in this 
     subsection shall be the exclusive means of enforcing the 
     rights based on this subsection, but nothing in this section 
     shall preclude any individual or any State or local agency 
     from asserting any right based on any other Federal or State 
     law not inconsistent with this subsection, including any 
     statute or ordinance requiring nondiscrimination in goods, 
     services, facilities, privileges, and accommodations of any 
     financial institution, or from pursuing any remedy, civil or 
     criminal, which may be available for the vindication or 
     enforcement of such right.

      Subtitle C--School, Library, and Institution Infrastructure

                    CHAPTER 1--SCHOOL INFRASTRUCTURE

     SEC. 5301. DEFINITIONS.

       In this chapter:
       (1) ESEA terms.--The terms ``elementary school'', ``other 
     staff'', ``outlying area'', ``secondary school'', 
     ``specialized instructional support personnel'', and ``State 
     educational agency'' have the meanings given to those terms 
     in section 8101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801).
       (2) Bureau-funded school.--The term ``Bureau-funded 
     school'' has the meaning given to that term in section 1141 
     of the Education Amendments of 1978 (25 U.S.C. 2021).
       (3) Covered funds.--The term ``covered funds'' means funds 
     received by a State or qualified local educational agency 
     under this chapter.
       (4) High-need school.--The term ``high-need school'' has 
     the meaning given to that term in section 200 of the Higher 
     Education Act of 1965 (20 U.S.C. 1021).
       (5) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given to that term, without regard to capitalization, 
     in section 4 of the Indian Self-Determination and Education 
     Act (25 U.S.C. 5304).
       (6) Local educational agency.--The term ``local educational 
     agency'' has the meaning given to that term in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801) except that such term does not include a Bureau-
     funded school.
       (7) Operations and maintenance of school facilities.--The 
     term ``operations and maintenance of school facilities'' 
     means annual activities related to keeping--
       (A) school buildings operational, safe for use, and free 
     from health and safety hazards; or
       (B) school grounds, school buildings, and school equipment 
     in an effective working condition.
       (8) Public school facilities.--The term ``public school 
     facilities'' means the facilities of a public elementary 
     school or a public secondary school, including outdoor 
     facilities and grounds.
       (9) Qualified local educational agency.--The term 
     ``qualified local educational agency'' means a local 
     educational agency that--
       (A) receives funds under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.);
       (B) is among the local educational agencies in the State 
     with the highest numbers or percentages of students counted 
     under section 1124(c) of such Act (20 U.S.C. 6333(c));
       (C) agrees to prioritize the improvement of the facilities 
     of high-need schools; and
       (D) may be among the local educational agencies in the 
     State--
       (i) where the conditions of such agency's public school 
     facilities disrupt the learning environment and put students, 
     families, educators, and other staff at health and safety 
     risk, such as due to proximity to toxic sites (including 
     point sources of pollution, environmental degradation, or 
     brownfield sites) or the vulnerability of such facilities to 
     natural disasters; or
       (ii) with the most limited capacity to raise funds for the 
     long-term improvement of public school facilities, as 
     determined by an assessment of--

       (I) the current and historic ability of such agency to 
     secure funds for construction, renovation, modernization, and 
     major repair projects for schools;
       (II) whether such agency has been able to issue bonds or 
     receive other funds (such as developer impact fees or access 
     to private financing) to support school construction 
     projects;
       (III) the bond rating of such agency; or
       (IV) the burden of debt carried by such agency.

[[Page S7773]]

       (10) School facilities capital outlay projects.--The term 
     ``school facilities capital outlay projects'' means the 
     planning, design, construction, renovation, repair, 
     management, and financing of school facilities projects with 
     a life expectancy of at least 10 years. School facilities 
     capital outlay projects do not include operations and 
     maintenance of school facilities.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (12) State.--The term ``State'' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       (13) State school facilities agency.--The term`` State 
     school facilities agency'' means the State educational agency 
     or other public agency designated by the State educational 
     agency with the responsibility for administering the program 
     under section 5303(d) and for supporting school facilities 
     capital outlay projects.
       (14) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given that term, without regard to 
     capitalization, in section 4 of the Indian Self-Determination 
     and Education Act (25 U.S.C. 5304).
       (15) Zero energy school.--The term ``zero energy school'' 
     means a public elementary school or public secondary school 
     that--
       (A) generates renewable energy on-site; and
       (B) on an annual basis, exports an amount of such renewable 
     energy that equals or exceeds the total amount of renewable 
     energy that is delivered to the school from outside sources.

     SEC. 5302. DEVELOPMENT OF DATA STANDARDS.

       (a) Data Standards.--Not later than 120 days after the date 
     of the enactment of this chapter, the Secretary, in 
     consultation with the Federal officials described in 
     subsection (b), shall--
       (1) identify the data that State school facilities agencies 
     and the Bureau of Indian Education should collect and include 
     in the databases required to be developed under subparagraphs 
     (A)(i)(II) and (B) of section 5303(c)(2);
       (2) develop standards for the comparability of such data; 
     and
       (3) issue guidance to State school facilities agencies and 
     local educational agencies concerning the definitions, 
     collection, comparability, and sharing of such data.
       (b) Officials.--The officials described in this subsection 
     are--
       (1) the Administrator of the Environmental Protection 
     Agency;
       (2) the Secretary of Energy;
       (3) the Director of the Centers for Disease Control and 
     Prevention;
       (4) the Secretary of the Interior;
       (5) the Administrator of the Federal Emergency Management 
     Agency; and
       (6) the Director of the National Institute for Occupational 
     Safety and Health.

     SEC. 5303. GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC 
                   SCHOOL FACILITIES.

       (a) Purpose.--Covered funds shall be for supporting long-
     term improvements to public school facilities in accordance 
     with this chapter.
       (b) Reservation for Outlying Areas and Bureau-funded 
     Schools.--
       (1) In general.--For each of fiscal years 2021 through 
     2023, the Secretary shall reserve, from the amount 
     appropriated to carry out this chapter--
       (A) in consultation with the Secretary of the Interior, 
     one-half of 1 percent to provide assistance to the outlying 
     areas; and
       (B) 1 and one-half percent for payments to the Secretary of 
     the Interior to provide assistance to Bureau-funded schools.
       (2) Use of reserved funds.--
       (A) Special rules for outlying areas.--
       (i) Applicability.--Funds reserved under paragraph (1)(A) 
     shall be used in accordance with sections 5304 through 5308.
       (ii) Allocation to outlying areas.--From the amount 
     reserved under paragraph (1)(A) for a fiscal year, the 
     Secretary, in consultation with the Secretary of the 
     Interior, shall allocate to each outlying area an amount in 
     proportion to the amount received by the outlying area under 
     part A of title I of the Elementary and Secondary Act of 1965 
     (20 U.S.C. 6311 et seq.) for the previous fiscal year, 
     relative to the total such amount received by all outlying 
     areas for such previous fiscal year.
       (B) Special rules for bureau-funded schools.--
       (i) Consultation.--

       (I) In general.--Not later than 90 days after receiving 
     funds under paragraph (1)(B), the Secretary of the Interior 
     shall initiate a consultation with Indian Tribes to determine 
     whether assistance provided to Bureau-funded schools under 
     paragraph (1)(B) shall be administered--

       (aa) in accordance with requirements specified in this 
     chapter (under which, the Secretary of the Interior would 
     operate under the same requirements set forth for States 
     under this chapter, and Bureau-funded schools would operate 
     under the same requirements as qualified local educational 
     agencies); or
       (bb) through existing infrastructure programs administered 
     by the Secretary of the Interior.

       (II) Flexibility.--If the outcome of this consultation is 
     to operate a program in accordance with this chapter, as 
     described in subclause (I)(aa), the Secretary of the Interior 
     shall have the authority, in further consultation with 
     officials from Indian Tribes and Tribal organizations to 
     determine which requirements under this chapter shall apply.
       (III) Consultation requirements.--Consultation described 
     under this clause shall be carried out in a manner and at a 
     time that provides the opportunity for appropriate officials 
     from Indian Tribes or Tribal organizations to meaningfully 
     and substantively contribute to decisionmaking described in 
     this clause.

       (ii) Treatment of tribally operated schools.--The Secretary 
     of the Interior shall provide assistance to Bureau-funded 
     schools under paragraph (1)(B) without regard to whether such 
     schools are operated under a contract under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.), a grant under the Tribally Controlled Schools Act of 
     1988 (25 U.S.C. 2501 et seq.), or directly by the Federal 
     government.
       (iii) Bureau-funded schools facilities inventory.--In 
     accordance with the guidance issued by the Secretary under 
     section 5302, not later than 180 days after receiving an 
     allocation under paragraph (1)(B), the Secretary of the 
     Interior shall develop and operate an online, publicly 
     searchable database that contains an inventory of the 
     infrastructure of all Bureau-funded school facilities, in 
     accordance with the requirements described in subsection 
     (c)(2)(B). The Secretary of the Interior shall update such 
     database not less frequently than once every 2 years.
       (iv) No matching requirement.--Notwithstanding subsection 
     (c)(4)(A) or any other provision of law, the Secretary of the 
     Interior shall not require Bureau-funded schools receiving 
     funds under paragraph (1)(B) to provide matching funds or a 
     non-Federal share toward the cost of the activities carried 
     out with those funds.
       (3) Timing requirement.--By not later than 90 days after 
     the date of enactment of an Act appropriating or otherwise 
     making available amounts to carry out this chapter, the 
     Secretary shall make the allocations required under paragraph 
     (1).
       (c) Allocation to States.--
       (1) Allocation of funding.--From the funds appropriated 
     under section 5209 for any fiscal year and remaining after 
     the Secretary makes reservations under subsection (b), the 
     Secretary shall allot to each State that has a plan approved 
     by the Secretary under paragraph (3), an amount that is the 
     same proportion as each State received under part A of title 
     I of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq.) for the preceding fiscal year.
       (2) State reservation.--
       (A) In general.--A State shall reserve not more than 5 
     percent of its allocation under paragraph (1) to carry out 
     the State's school facilities agency's responsibilities under 
     this Act, which--
       (i) shall include--

       (I) providing technical assistance to local educational 
     agencies, including by--

       (aa) identifying which State and local public agencies have 
     programs, resources, and expertise relevant to the activities 
     supported by the allocation under this section; and
       (bb) coordinating the provision of technical assistance 
     across such agencies;

       (II) in accordance with the guidance issued by the 
     Secretary under section 5302 and the requirements under 
     subparagraph (B), developing and operating an online, 
     publicly searchable database that contains an inventory of 
     the infrastructure of all public school facilities in the 
     State;
       (III) issuing or reviewing standards, regulations, or plans 
     to ensure safe, healthy, and high-performing school buildings 
     that address--

       (aa) indoor air quality and ventilation issues, including 
     exposure to airborne pathogens, carbon monoxide, carbon 
     dioxide, lead-based paint, and other combustion by products 
     such as oxides of nitrogen;
       (bb) mold, mildew, and moisture control;
       (cc) the safety of drinking water at the tap and water used 
     for meal preparation, including the presence of lead and 
     other contaminants in such water and the results and 
     frequency of regular testing of the potability of water at 
     the tap;
       (dd) energy and water efficiency;
       (ee) excessive classroom noise related to projects 
     supported under this chapter;
       (ff) exposure to toxic substances, including mercury, 
     radon, PCBs, lead, vapor intrusions, and asbestos; and
       (gg) the emergency preparedness of public school facilities 
     to efficiently serve as a community shelter during a natural 
     or man-made disaster or emergency; and

       (IV) designating an ombudsman to monitor public school 
     facilities in the State, respond to complaints regarding 
     health and safety conditions in such facilities from the 
     public, and address health and safety hazards (in 
     coordination with local and State agency officials), in 
     accordance with applicable Federal, State, Tribal, and local 
     health and safety requirements; and

       (ii) may include the development of a plan to increase the 
     number of zero energy schools in the State.
       (B) Inventory of all public school facilities in the 
     state.--
       (i) Contents.--The State school facilities agency's 
     database required under subparagraph (A)(i)(II) that contains 
     an inventory of the infrastructure of all public school 
     facilities in the State shall include--

       (I) each local educational agency's expenditures on school 
     facilities capital outlay projects (defined as the sum of the 
     local educational agency's total expenditures on school 
     facilities capital outlay projects and any direct 
     expenditures and funds provided by the State to such agency 
     for the purpose

[[Page S7774]]

     of school facilities capital outlay projects), in total and 
     disaggregated by each school facility;
       (II) with respect to each such facility, an identification 
     of--

       (aa) the size of each individual school building and the 
     age of each such building within each such facility;
       (bb) the enrollment capacity of the school operating in 
     each such facility;
       (cc) the annual operating expenditures by the corresponding 
     local educational agency on operations and maintenance of 
     school facilities for each such facility;
       (dd) the extent to which each such facility has been 
     retrofitted or improved to mitigate natural disasters or 
     emergencies, including pandemics, seismic natural disasters, 
     forest fires, hurricanes, flooding, tornados, tsunamis, mud 
     slides, and pandemics;
       (ee) information regarding any previous inspections showing 
     the presence of toxic substances;
       (ff) the emergency preparedness of each such facility--
       (AA) to efficiently serve as a community shelter during a 
     natural or man-made disaster or emergency, taking into 
     consideration the facility's design, construction, and 
     location features, including communication and related 
     equipment and supply levels, in accordance with Federal, 
     State, and local requirements; and
       (BB) including any improvement to support indoor and 
     outdoor social distancing and implementation of public health 
     protocols (including with respect to HVAC usage and 
     ventilation in schools, consistent with the guidance issued 
     by Federal agencies, including the Centers for Disease 
     Control and Prevention);
       (gg) an inventory of space within each such facility, 
     including the number of classrooms, room capacity, square 
     footage, and classification by building function; and
       (hh) information regarding internet access in such 
     facility, including the presence of high-speed broadband, Wi-
     Fi, and connectivity speed.
       (ii) Frequency of updates.--A State school facilities 
     agency shall update the database required under this 
     subparagraph and subparagraph (A)(i)(II) not less frequently 
     than once every 3 years.
       (iii) Public accessibility.--A State school facilities 
     agency shall ensure that the information in the database 
     required under this subparagraph and subparagraph 
     (A)(i)(II)--

       (I) is publicly posted on an easily accessible part of the 
     website of the State school facilities agency; and
       (II) is regularly distributed to local educational agencies 
     and Indian Tribes in the State.

       (3) State plan.--
       (A) In general.--To be eligible to receive an allocation 
     under this section, a State school facilities agency shall 
     submit a plan to the Secretary at such time, in such manner, 
     and including such other information as the Secretary may 
     require, including at a minimum--
       (i) a description of how the State school facilities agency 
     will use the allocation provided under paragraph (1) to make 
     long-term improvements to public school facilities in the 
     State, including the improvement of such facilities operated 
     by qualified local educational agencies in the State;
       (ii) a description of how the State school facilities 
     agency will carry out each of its responsibilities under 
     subclauses (I) through (IV) of paragraph (2)(A)(i);
       (iii) an assurance that the State shall contribute, from 
     non-Federal sources, an amount equal to 10 percent of the 
     amount of the allocation received under paragraph (1) to 
     carry out the activities supported by the allocation;
       (iv) a description of how the State school facilities 
     agency will identify qualified local educational agencies and 
     make the determination under subsection (d)(3);
       (v) a description of the State's strategy to address the 
     construction, renovation, modernization, and major repair 
     needs of public school facilities, including--

       (I) the total State expenditures for school facilities 
     capital outlay projects, as described in paragraph 
     (4)(B)(iii), in the fiscal year preceding the year for which 
     the State receives an allocation under paragraph (1); and
       (II) how long, and at what levels, the State will maintain 
     fiscal effort for the activities supported by such allocation 
     after the State no longer receives such allocation;

       (vi) a description of the methodology the State school 
     facilities agency will use to determine to which qualified 
     local educational agencies to award subgrants, in accordance 
     with subparagraph (2) and (3) of subsection (d), including--

       (I) the State school facilities agency's criteria for 
     reviewing the quality of the public school facilities 
     projects proposed in applications submitted under subsection 
     (d); and
       (II) how the State school facilities agency will consider 
     the impact that such projects will have on--

       (aa) racial and socioeconomic housing segregation; and
       (bb) student diversity and racial and socioeconomic 
     isolation of students attending any current (as of the time 
     of submission of the plan) or future public school facilities 
     supported by such projects.
       (B) Approval and disapproval.--
       (i) In general.--The Secretary shall have the authority to 
     approve or disapprove a State plan submitted under 
     subparagraph (A).
       (ii) Administration.--If the Secretary disapproves of a 
     State plan submitted under subparagraph (A), the Secretary 
     shall--

       (I) immediately notify the State school facilities agency 
     of such determination and the reasons for such determination;
       (II) offer the State school facilities agency the 
     opportunity to revise its State plan;
       (III) provide technical assistance in order to assist the 
     State school facilities agency in meeting the requirements 
     under this chapter; and
       (IV) provide the State school facilities agency the 
     opportunity for a hearing.

       (4) Conditions.--As a condition of receiving an allocation 
     under paragraph (1), a State shall agree to the following:
       (A) Matching requirement.--The State shall contribute, from 
     non-Federal sources, an amount equal to 10 percent of the 
     amount of the allocation received under paragraph (1) to 
     carry out activities supported by the allocation, in 
     accordance with section 5304.
       (B) Commitment to proportional state investment in school 
     facilities.--
       (i) In general.--The State shall provide an assurance to 
     the Secretary that for each fiscal year that the State 
     receives an allocation under this section, the State's share 
     of school facilities capital outlay in the fiscal year 
     preceding the fiscal year for which an allocation is received 
     will be not less than 90 percent of the average of the 
     State's share of school facilities capital outlay for the 5 
     years preceding the fiscal year for which the allocation is 
     received.
       (ii) State's share of school facilities capital outlay.--In 
     this subparagraph, the term ``State's share of school 
     facilities capital outlay'' means--

       (I) the total State expenditures on school facilities 
     capital outlay projects; divided by
       (II) the total school facilities capital expenditures in 
     the State on school facilities capital outlay projects.

       (iii) Total state expenditures.--In this subparagraph, the 
     term ``total State expenditures'' means the State's total 
     expenditures on school facilities capital outlay projects, 
     including--

       (I) any direct expenditures by the State for the purpose of 
     school facilities capital outlay projects; and
       (II) funds provided by the State to local educational 
     agencies for the purpose of school facilities capital outlay 
     projects.

       (iv) Total school facilities capital expenditures in the 
     state.--In this subparagraph, the term ``total school 
     facilities capital expenditures in the State'', means the sum 
     of--

       (I) all expenditures on school facilities capital outlay 
     projects by all local educational agencies in the State, 
     including any funds provided by the State to a local 
     educational agency in the State for school facilities capital 
     outlay projects; plus
       (II) any direct expenditures made by the State for school 
     facilities capital outlay projects.

       (C) Supplement not supplant.--The State shall use an 
     allocation received under this section only to supplement the 
     level of Federal, State, and local public funds that would, 
     in absence of such allocation, be made available for school 
     facilities capital outlay projects, and not to supplant such 
     funds.
       (d) Need-based Subgrants to Qualified Local Educational 
     Agencies.--
       (1) Subgrants to local educational agencies.--
       (A) In general.--Subject to subparagraph (B), from the 
     amounts allocated to a State under subsection (c)(1) and 
     contributed by the State under subsection (c)(4)(A), the 
     State school facilities agency shall award subgrants to 
     qualified local educational agencies, on a competitive basis, 
     to carry out the activities described section 5304.
       (B) Allowance for digital learning.--A State school 
     facilities agency may use not more than 10 percent of the 
     amount described in subparagraph (A) to make subgrants to 
     qualified local educational agencies to enable those 
     qualified local educational agencies to carry out activities 
     to improve digital learning in accordance with section 
     5304(b).
       (2) Geographic distribution.--Each State school facilities 
     agency receiving an allocation under subsection (c)(1) shall 
     ensure that subgrants under this section are awarded to 
     qualified local educational agencies that represent the 
     geographic diversity of the State, by awarding subgrants to 
     qualified local educational agencies in urban, suburban, and 
     rural areas of the State.
       (3) Priority of subgrants.--In awarding subgrants under 
     this section to qualified local educational agencies, the 
     State school facilities agency--
       (A) shall give priority to qualified local educational 
     agencies--
       (i) that demonstrate the greatest need for such a grant by 
     being in the highest quartile of qualified local educational 
     agencies in a ranking of all qualified local educational 
     agencies in the State, ranked in descending order by the 
     percentage of students who are enrolled in a school served by 
     the agency and are counted under section 1124(c) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6333(c));
       (ii) that operate public school facilities which disrupt 
     the learning environment and pose a health and safety risk to 
     students, families, educators, and other staff, such as due 
     to proximity to toxic sites (including point sources of 
     pollution, environmental

[[Page S7775]]

     degradation, or brownfield sites) or the vulnerability of 
     such facilities to natural disasters; or
       (iii) that have the most limited capacity to raise funds 
     for the long-term improvement such agency's public school 
     facilities, as determined by an assessment of--

       (I) the current and historic ability of such agency to 
     secure funds for construction, renovation, modernization, and 
     major repair projects for schools;
       (II) whether the agency has been able to issue bonds or 
     receive other funds, such as developer impact fees or access 
     to private financing, to support school construction 
     projects;
       (III) the bond rating of the agency; and
       (IV) the burden of debt carried by the local educational 
     agency;

       (B) with respect to subgrants awarded for fiscal year 2021, 
     shall give priority to qualified local educational agencies 
     described in subparagraph (A) that propose projects in their 
     application that support--
       (i) indoor and outdoor social distancing; and
       (ii) the implementation of public health protocols 
     (including with respect to HVAC usage and ventilation in 
     schools, consistent with the guidance issued by Federal, 
     State, Tribal, and local public health agencies, including 
     the Centers for Disease Control and Prevention); and
       (C) may give priority to qualified local educational 
     agencies that--
       (i) will use the subgrant to improve access to high-speed 
     broadband sufficient to support digital learning in 
     accordance with section 5304(b) and serve elementary schools 
     or secondary schools, including rural schools, that lack such 
     access; or
       (ii) will use the subgrant to fund projects that are 
     aligned with such agency's policies or plan--

       (I) to increase diversity and decrease racial or 
     socioeconomic isolation of its student body in its public 
     school facilities; and
       (II) that have the intended outcomes of shifting student 
     enrollment policies to create more racially and 
     socioeconomically diverse schools.

       (4) Application.--To be considered for a subgrant under 
     this section, a qualified local educational agency shall 
     submit an application to the State school facilities agency 
     at such time, in such manner, and containing such information 
     as such agency may require. Such application shall include, 
     at minimum--
       (A) the information necessary for the State school 
     facilities agency to make the determinations under paragraphs 
     (2) and (3), including--
       (i) a description of how the qualified local educational 
     agency will use covered funds to prioritize the improvement 
     of the facilities of high-need schools;
       (ii) information regarding the qualified local educational 
     agency's capacity to raise funds for the long-term 
     improvement of its public school facilities, including 
     information regarding--

       (I) the current and historic ability of the agency to raise 
     funds for construction, renovation, modernization, and major 
     repair projects for schools;
       (II) whether the agency has been able to issue bonds or 
     receive other funds to support school construction projects;
       (III) the bond rating of the agency; and
       (IV) the level of debt carried by the agency; and

       (iii) data regarding the numbers and percentages of 
     students counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 633(c)) served by 
     the agency, and the rates of racial and socioeconomic 
     isolation among students in such agency's public school 
     facilities; and
       (B) a description of the projects that the agency plans to 
     carry out with the subgrant, in accordance with section 5304, 
     including--
       (i) the rationale the agency used to determine such 
     projects, including how the agency--

       (I) engaged students, families, and local communities in 
     making such determinations, and
       (II) took into consideration elements described in 
     paragraph (5)(B) in making such determinations;

       (ii) a description of how the agency took into 
     consideration the impacts that such projects may have on 
     student enrollment levels and racial and socioeconomic 
     diversity of students, as described in paragraph (5)(B)(v);
       (C) a description of how the projects proposed in 
     subparagraph (B) will reduce risks to the health and safety 
     of staff and students at schools served by the agency, 
     including with respect to the conditions described in 
     paragraph (5)(B)(iii); and
       (D) in the case of a qualified local educational agency 
     (including a public charter school that is a local 
     educational agency under State law) that proposes to fund a 
     repair, renovation, or construction project for a public 
     charter school, as defined by State law, a description 
     indicating--
       (i) the extent to which the public charter school lacks 
     access to funding for school repair, renovation, and 
     construction through the financing methods available to other 
     public schools, including public charter schools, or local 
     educational agencies in the State; and
       (ii) that the charter school operator--

       (I) owns the facility that is to be repaired, renovated, or 
     constructed; or
       (II) has care and control of such facility for not less 
     than 10 years.

       (5) Facilities master plan.--
       (A) Plan required.--Not later than 180 days after receiving 
     a subgrant under this section, a qualified local educational 
     agency shall submit to the State school facilities agency a 
     comprehensive facilities master plan that covers not less 
     than 3 years.
       (B) Elements.--The facilities master plan required under 
     subparagraph (A) shall include, with respect to all public 
     school facilities of the qualified local educational agency, 
     a description of--
       (i) the extent to which public school facilities meet 
     students' educational needs and support the agency's 
     educational mission and vision;
       (ii) the physical condition of each individual public 
     school facility operated by the qualified local educational 
     agency;
       (iii) the current health, safety, and environmental 
     conditions of each individual public school facility operated 
     by the qualified local educational agency, including--

       (I) indoor air quality and ventilation;
       (II) the presence of toxic substances;
       (III) the safety of drinking water at the tap and water 
     used for meal preparation, including the level of lead and 
     other contaminants in such water;
       (IV) energy and water efficiency;
       (V) classroom acoustics; and
       (VI) other health, safety, and environmental conditions 
     that would impact the health, safety, and learning 
     environment of students;

       (iv) how the qualified local educational agency will 
     address any conditions identified under clause (iii), 
     including with projects supported by subgrant funds;
       (v) the impact of current and future student enrollment 
     levels (as of the date of application) on the design of 
     current and future public school facilities operated by the 
     qualified local educational agency, including--

       (I) the financial implications of such enrollment levels; 
     and
       (II) the impact that such enrollment levels will have on 
     the racial and socioeconomic school diversity of students 
     attending any current or future public school facilities 
     operated by the local educational agency;

       (vi) the dollar amount and percentage of funds the 
     qualified local educational agency will dedicate to capital 
     construction projects for public school facilities in each 
     fiscal year, including--

       (I) any funds in the budget of the agency that will be 
     dedicated to such projects; and
       (II) any funds not in the budget of the agency that will be 
     dedicated to such projects, including--

       (aa) any funds available to the agency as the result of a 
     bond issue; or
       (bb) capital campaigns, if such agency is a public charter 
     school.
       (C) Consultation.--In developing the facilities master plan 
     required under subparagraph (A), the qualified local 
     educational agency shall consult with students and families, 
     educators, principals, other school leaders, 
     paraprofessionals, specialized instructional support 
     personnel, custodial and maintenance staff, emergency first 
     responders, school facilities directors, community residents, 
     Indian Tribes and Tribal organizations if such qualified 
     local educational agency is required to consult with Indian 
     Tribes or Tribal organizations under section 8538 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7918), advocacy and civil rights organizations, and the 
     public.
       (D) Educational service agencies.--In the event that the 
     qualified local educational agency is an educational service 
     agency, the requirements of this paragraph shall apply only 
     to the public school facilities of the local educational 
     agencies where such agency intends to support projects with 
     subgrant funds.
       (6) Supplement not supplant.--A qualified local educational 
     agency shall use a subgrant received under this section only 
     to supplement the level of Federal, State, and local public 
     funds that would, in the absence of such subgrant, be made 
     available for school facilities capital outlay projects and 
     for the operations and maintenance of school facilities, and 
     not to supplant such funds.

     SEC. 5304. USES OF FUNDS.

       (a) In General.--Subject to section 5305, a qualified local 
     educational agency that receives a subgrant under section 
     5303(d) shall use the funds to carry out one or more of the 
     following:
       (1) Developing, maintaining, and updating as necessary the 
     facilities master plan required under section 5303(d)(5).
       (2) Renovating, retrofitting, modernizing, or constructing 
     public school facilities, which may include--
       (A) improvements to public school facilities to improve the 
     safety and health of students and staff directly related to 
     reducing the risk of community spread of COVID-19, such as--
       (i) facility repairs, improvements, or other system 
     upgrades to support implementation of public health 
     protocols, such as repair, replacement, and installation of 
     sinks for hand washing, appropriate spaces for health 
     screening, adequate school nurses' spaces, health isolation 
     areas, and storage and disposal of personal protective 
     equipment; and
       (ii) projects designed to reduce COVID-19 transmission and 
     exposure to environmental health hazards and to support 
     student health needs, including--

[[Page S7776]]

       (I) improvements to indoor air quality in schools or school 
     surfaces to enable effective ventilation and sanitation;
       (II) improvements to outdoor areas for outdoor instruction 
     and activities; and
       (III) physical barriers to mitigate the spread of COVID-19; 
     and

       (B) improvements to mitigate natural disasters or 
     emergencies, including seismic natural disasters, forest 
     fires, hurricanes, flooding, tornados, tsunamis, mud slides, 
     and pandemics.
       (3) Carrying out major repairs of public school facilities.
       (4) Purchasing or installing furniture or fixtures with at 
     least a 10-year life in public school facilities.
       (5) Constructing new public school facilities to replace 
     school facilities or respond to increases in student 
     enrollment.
       (6) Acquiring and preparing sites on which new public 
     school facilities will be constructed.
       (7) Ensuring current or anticipated student enrollment does 
     not exceed the physical and instructional capacity of public 
     school facilities.
       (8) Ensuring the building envelopes and interiors of public 
     school facilities protect occupants and interiors from 
     natural elements and are structurally sounds and secure.
       (9) Improving energy and water efficiency to lower the 
     costs of energy and water consumption in public school 
     facilities.
       (10) Improving indoor air quality and ventilation in public 
     school facilities, including mechanical and non-mechanical 
     heating, ventilation, and air conditioning systems, filtering 
     and other air cleaning, fans, control systems, and window and 
     door repair and replacement.
       (11) Reducing or eliminating the presence of--
       (A) toxic substances, including mercury, radon, PCBs, lead, 
     and asbestos;
       (B) mold and mildew; or
       (C) rodents and pests.
       (12) Ensuring the safety of drinking water at the tap and 
     water used for meal preparation in public school facilities, 
     which may include testing of the potability of water at the 
     tap for the presence of lead and other contaminants.
       (13) Bringing public school facilities into compliance with 
     applicable fire, health, and safety codes.
       (14) Making public school facilities accessible to people 
     with disabilities, including by ensuring compliance with the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.) and section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794).
       (15) Providing instructional program space improvements 
     (including through the construction of outdoor instructional 
     space) for programs relating to early learning (including 
     early learning programs operated by partners of the agency), 
     special education, science, technology, career and technical 
     education, physical education, the arts, and literacy 
     (including library programs).
       (16) Increasing the use of public school facilities for the 
     purpose of community-based partnerships that provide students 
     with academic, behavioral health, mental health, substance 
     use disorder, and social services.
       (17) Ensuring the health and safety of students and staff 
     during the construction or modernization of public school 
     facilities.
       (18) Investing in specialized academic facilities, 
     including investments designed to encourage inter-district 
     school attendance patterns, in order to increase student 
     diversity and decrease racial or socioeconomic isolation.
       (19) Reducing or eliminating excessive classroom noise due 
     to activities allowable under this section.
       (b) Allowance for Digital Learning.--A qualified local 
     educational agency may use covered funds received under 
     section 5303(d)(1) to leverage existing public programs or 
     public-private partnerships to expand access to high-speed 
     broadband sufficient for digital learning.

     SEC. 5305. RULE OF CONSTRUCTION.

       (a) Restriction.--A qualified local educational agency that 
     receives covered funds shall not use such funds for--
       (1) payment of routine and predictable maintenance costs 
     and minor repairs;
       (2) any facility that is primarily used for athletic 
     contests or exhibitions or other events for which admission 
     is charged to the general public;
       (3) vehicles; or
       (4) district central offices, operation centers, or other 
     facilities that are not primarily used to educate students.
       (b) For-profit Charter Schools.--No covered funds may be 
     used for the facilities of a public charter school that is 
     operated by a for-profit entity.
       (c) Conflicts of Interest and Charter Schools.--No covered 
     funds may be used for the facilities of a public charter 
     school if--
       (1) the school leases the facilities from an individual or 
     private sector entity; and
       (2) such individual, or an individual with a direct or 
     indirect financial interest in such entity, has a management 
     or governance role in such school.

     SEC. 5306. GREEN PRACTICES.

       (a) In General.--In a given fiscal year, a qualified local 
     educational agency that uses covered funds for a new 
     construction project shall use not less than the applicable 
     percentage (as described in subsection (b)) of the funds used 
     for such project for construction or renovation that is 
     certified, verified, or consistent with the applicable 
     provisions of--
       (1) the United States Green Building Council Leadership in 
     Energy and Environmental Design green building rating 
     standard (commonly known as the ``LEED Green Building Rating 
     System'');
       (2) the Living Building Challenge developed by the 
     International Living Future Institute;
       (3) a green building rating program developed by the 
     Collaborative for High-Performance Schools (commonly known as 
     ``CHPS'') that is CHPS-verified; or
       (4) a program that--
       (A) has standards that are equivalent to or more stringent 
     than the standards of a program described in paragraphs (1) 
     through (3);
       (B) is adopted by the State or another jurisdiction with 
     authority over the agency; and
       (C) includes a verifiable method to demonstrate compliance 
     with such program.
       (b) Applicable Percentage.--The applicable percentage 
     described in this subsection is--
       (1) for fiscal year 2021, 60 percent;
       (2) for fiscal year 2022, 70 percent; and
       (3) for fiscal year 2023; 80 percent.

     SEC. 5307. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED 
                   PRODUCTS.

       (a) In General.--A qualified local educational agency that 
     receives covered funds shall ensure that any iron, steel, and 
     manufactured products used in projects carried out with such 
     funds are produced in the United States.
       (b) Waiver Authority.--
       (1) In general.--The Secretary may waive the requirement of 
     subsection (a) if the Secretary determines that--
       (A) iron, steel, and manufactured products produced in the 
     United States are not produced in a sufficient and reasonably 
     available amount or are not of a satisfactory quality; or
       (B) using iron, steel, and manufactured products produced 
     in the United States will increase the cost of the overall 
     project by more than 25 percent.
       (2) Publication.--Before issuing a waiver under paragraph 
     (1), the Secretary shall publish in the Federal Register a 
     detailed written explanation of the waiver determination.
       (c) Consistency With International Agreements.--This 
     section shall be applied in a manner consistent with the 
     obligations of the United States under international 
     agreements.
       (d) Definitions.--In this section:
       (1) Produced in the united states.--The term ``produced in 
     the United States'' means the following:
       (A) When used with respect to a manufactured product, the 
     product was manufactured in the United States and the cost of 
     the components of such product that were mined, produced, or 
     manufactured in the United States exceeds 60 percent of the 
     total cost of all components of the product.
       (B) When used with respect to iron or steel products, or an 
     individual component of a manufactured product, all 
     manufacturing processes for such iron or steel products or 
     components, from the initial melting stage through the 
     application of coatings, occurred in the United States, 
     except that the term does not include--
       (i) steel or iron material or products manufactured abroad 
     from semi-finished steel or iron from the United States; and
       (ii) steel or iron material or products manufactured in the 
     United States from semi-finished steel or iron of foreign 
     origin.
       (2) Manufactured product.--The term ``manufactured 
     product'' means any construction material or end product (as 
     such terms are defined in part 25.003 of the Federal 
     Acquisition Regulations) that is not an iron or steel 
     product, including--
       (A) electrical components; and
       (B) non-ferrous building materials, including, aluminum and 
     polyvinylchloride (PVC), glass, fiber optics, plastic, wood, 
     masonry, rubber, manufactured stone, any other non-ferrous 
     metals, and any unmanufactured construction material.

     SEC. 5308. ANNUAL REPORT ON GRANT PROGRAM.

       (a) In General.--Not later than one year after the date of 
     the enactment of this chapter, and annually thereafter until 
     funds under this chapter have been expended, the Secretary 
     shall submit to the Committee on Health, Education, Labor and 
     Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives a report on the 
     projects carried out with covered funds.
       (b) Elements.--The report under subsection (a) shall 
     include, with respect to the fiscal year preceding the year 
     in which the report is submitted, the following:
       (1) An identification of each qualified local educational 
     agency that received a subgrant under this chapter, including 
     the grant amount received for each such agency.
       (2) With respect to each such agency, a description of--
       (A) the demographic composition of the student population 
     served by the agency, disaggregated by--
       (i) race;
       (ii) the number and percentage of students counted under 
     section 1124(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6333(c)); and
       (iii) the number and percentage of students who are 
     eligible for a free or reduced price lunch under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.);
       (B) the population density of the geographic area served by 
     the agency;

[[Page S7777]]

       (C) the projects for which the agency used the subgrant 
     received under this chapter, including--
       (i) the type of each such project;
       (ii) the public school facility deficiencies that each such 
     project eliminated or reduced;
       (iii) the State, local, and private share of funding for 
     the projects over and above the Federal share, if any; and
       (iv) the individual demographic composition of the student 
     population enrolled in schools impacted by each such project, 
     disaggregated by--

       (I) race; and
       (II) the number and percentage of students who are eligible 
     for a free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

       (D) the factors used by the State school facilities agency 
     to determine that such agency lacked capacity to finance 
     school facilities capital outlay projects without Federal 
     assistance; and
       (E) the estimated number of jobs created by projects 
     supported by covered funds in each qualified local 
     educational agency.
       (3) The total dollar amount of all subgrants received by 
     local educational agencies under this chapter.
       (4) An assessment of the student diversity and the racial 
     and socioeconomic school isolation of schools served by 
     projects carried out by the qualified local educational 
     agency with covered funds, including any progress made by 
     local educational agencies to improve racial and 
     socioeconomic diversity in such schools.
       (c) Outlying Areas Report.--Not later than one year after 
     the date of the enactment of this chapter, and annually 
     thereafter until grant funds have been expended, the 
     Secretary of the Interior shall submit to the Committee on 
     Health, Education, Labor and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives a report on the projects carried out with 
     funds described in section 5303(b)(1)(A) in outlying areas.
       (d) Bureau of Indian Education Report.--Not later than one 
     year after the date of the enactment of this chapter, and 
     annually thereafter until grant funds have been expended, the 
     Secretary of the Interior shall submit to the Committee on 
     Health, Education, Labor and Pensions of the Senate, the 
     Committee on Indian Affairs of the Senate, the Committee on 
     Education and Labor of the House of Representatives, and the 
     Committee on Natural Resources of the House of 
     Representatives a report on the projects carried out with 
     funds described in section 5303(b)(1)(B) for Bureau-funded 
     schools.
       (e) Lea Information Collection.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this chapter, and annually thereafter until 
     grant funds have been expended, each qualified local 
     educational agency that receives covered funds shall 
     annually--
       (A) compile the information described in subsection (b)(2); 
     and
       (B) prepare a description of each project supported by 
     covered funds in accordance with subsection (b)(2)(C), 
     including the amount of covered funding spent on each project 
     for planning, design, construction, management, and 
     financing, as applicable.
       (2) Report and posting of information.--Each qualified 
     local educational agency shall submit the information 
     described in paragraph (1) to the State school facilities 
     agency and shall make the information available to the 
     public, including by posting the information on a publicly 
     accessible agency website.
       (f) State Information Distribution.--A State school 
     facilities agency that receives information from a local 
     educational agency under subsection (e) shall--
       (1) compile the information and report it annually to the 
     Secretary at such time and in such manner as the Secretary 
     may require;
       (2) submit to the Secretary a description of the activities 
     supported under the State reservation of funds, in accordance 
     with section 5303(c)(2);
       (3) make the information described in paragraphs (1) and 
     (2) available to the public, including by posting the 
     information on a publicly accessible State website; and
       (4) regularly distribute such information to local 
     educational agencies and Indian Tribes in the State.

     SEC. 5309. APPROPRIATIONS.

       There are appropriated to the Secretary of Education, out 
     of amounts in the Treasury not otherwise appropriated, 
     $11,626,810,000 for fiscal year 2021, $11,626,810,000 for 
     fiscal year 2022, and $11,626,810,000 for fiscal year 2023, 
     to carry out this chapter, to remain available until 
     expended.

     SEC. 5310. APPROPRIATIONS FOR IMPACT AID CONSTRUCTION.

       There are appropriated to the Secretary of Education, out 
     of amounts in the Treasury not otherwise appropriated, 
     $18,756,765 for fiscal year 2021, $50,406,000 for fiscal year 
     2022, and $50,406,000 for fiscal year 2023 for Impact Aid 
     construction payments, in accordance with section 7007 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7707). All terms and conditions that apply to grants under 
     such section 7007 shall apply to grants made with funds made 
     available under this section.

                   CHAPTER 2--LIBRARY INFRASTRUCTURE

     SEC. 5321. DEFINITIONS.

       In this chapter:
       (1) Director.--The term ``Director'' has the meaning given 
     the term in section 202 of the Museum and Library Services 
     Act (20 U.S.C. 9101).
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 202 of the 
     Museum and Library Services Act (20 U.S.C. 9101).
       (3) Library.--The term ``library'' has the meaning given 
     the term in section 213 of the Library Services and 
     Technology Act (20 U.S.C. 9122).
       (4) State.--The term ``State'' has the meaning given the 
     term in section 213 of the Library Services and Technology 
     Act (20 U.S.C. 9122).
       (5) State library administrative agency.--The term ``State 
     library administrative agency'' has the meaning given the 
     term in section 213 of the Library Services and Technology 
     Act (20 U.S.C. 9122).

     SEC. 5322. BUILD AMERICA'S LIBRARIES FUND.

       (a) Establishment.--From the amount appropriated under 
     section 5326, there is established a Build America's 
     Libraries Fund for the purpose of supporting long-term 
     improvements to library facilities in accordance with this 
     chapter.
       (b) Reservations.--From the amount available in the Build 
     America's Libraries Fund, the Director shall reserve 3 
     percent to award grants to Indian Tribes and to organizations 
     that primarily serve and represent Native Hawaiians, in the 
     same manner as the Director makes grants under section 261 of 
     the Library Services and Technology Act (20 U.S.C. 9161) to 
     enable such Indian Tribes and organizations to carry out the 
     activities described in paragraphs (1) through (9) of section 
     5323(d).

     SEC. 5323. ALLOCATION TO STATES.

       (a) Allocation to States.--
       (1) State-by-state allocation.--
       (A) In general.--From the amount available in the Build 
     America's Libraries Fund and not reserved under section 
     5322(b), each State that has a plan approved by the Director 
     under subsection (b) shall be allocated an amount in the same 
     manner as the Director makes allotments to States under 
     section 221(b) of the Library Services and Technology Act (20 
     U.S.C. 9131(b)), except that, for purposes of this section, 
     the minimum allotment for each State shall be $10,000,000, 
     except that the minimum allotment shall be $500,000 in the 
     case of the United States Virgin Islands, Guam, American 
     Samoa, the Commonwealth of the Northern Mariana Islands, the 
     Republic of the Marshall Islands, the Federated States of 
     Micronesia, and the Republic of Palau.
       (B) Reallocation of remaining funds.--
       (i) In general.--From the remainder of any amounts not 
     reserved or allocated under subparagraph (A) on the date that 
     is 1 year after the date of enactment of this Act, the 
     Director shall allocate to each State, that has a plan 
     approved by the Director under subsection (b), an amount that 
     bears the same relation to such remainder as the population 
     of the State bears to the population of all States.
       (ii) Data.--For the purposes of clause (i), the population 
     of each State and of all the States shall be determined by 
     the Director on the basis of the most recent data available 
     from the Bureau of the Census.
       (2) State reservations.--A State shall reserve not more 
     than 4 percent of its allocation under paragraph (1) for 
     administrative costs and to provide technical assistance to 
     libraries in the State.
       (b) State Plan.--
       (1) In general.--To be eligible to receive an allocation 
     under this section, a State library administrative agency 
     shall submit to the Director a plan that includes such 
     information as the Director may require, including at a 
     minimum--
       (A) a description of how the State will use the allocation 
     to make long-term improvements to library facilities with a 
     focus on underserved and marginalized communities;
       (B) a description regarding how the State will carry out 
     its responsibility to provide technical assistance under 
     subsection (a)(2);
       (C) a description regarding how the State will make the 
     determinations of eligibility and priority under subsections 
     (b) and (d) of section 5324; and
       (D) a certification that the State has met the maintenance 
     of effort requirements under section 223(c) of the Library 
     Services and Technology Act (20 U.S.C. 9133(c)) and an 
     assurance that the State shall meet the supplement not 
     supplant requirement under subsection (c).
       (2) Approval.--
       (A) In general.--The Director shall approve a State plan 
     submitted under paragraph (1) that meets the requirements of 
     paragraph (1) and provides satisfactory assurances that the 
     provisions of such plan will be carried out.
       (B) Public availability.--Each State library administrative 
     agency receiving an allocation under this section shall make 
     the State plan available to the public, including through 
     electronic means.
       (C) Administration.--If the Director determines that the 
     State plan does not meet the requirements of this section, 
     the Director shall--
       (i) immediately notify the State library administrative 
     agency of such determination and the reasons for such 
     determination;
       (ii) offer the State library administrative agency the 
     opportunity to revise its State plan;
       (iii) provide technical assistance in order to assist the 
     State library administrative agency in meeting the 
     requirements of this section; and

[[Page S7778]]

       (iv) provide the State library administrative agency the 
     opportunity for a hearing.
       (c) Supplement Not Supplant.--As a condition of receiving 
     an allocation under this section, a State shall agree to use 
     an allocation under this section only to supplement the level 
     of Federal, State, and local public funds that would, in 
     absence of such allocation, be made available for the 
     activities supported by the allocation, and not to supplant 
     such funds.
       (d) Uses of Funds.--Each State receiving an allocation 
     under this section shall use the funds for any 1 or more of 
     the following:
       (1) Constructing, renovating, modernizing, or retrofitting 
     library facilities in the State, which may include--
       (A) financing new library facilities;
       (B) making capital improvements to existing library 
     facilities, including buildings, facilities grounds, and 
     bookmobiles;
       (C) enhancing library facilities to improve the overall 
     safety and health of library patrons and staff, including 
     improvements directly related to reducing the risk of 
     community spread of COVID-19; and
       (D) addressing the vulnerability of library facilities to 
     natural disasters.
       (2) Investing in infrastructure projects related to 
     improving internet access and connectivity in library 
     facilities and for library patrons, including projects 
     related to high-speed broadband, technology hardware, and 
     mobile hotspots and similar equipment.
       (3) Improving energy and water efficiency to lower the 
     costs of energy and water consumption in library facilities.
       (4) Improving indoor air quality and ventilation in library 
     facilities, including mechanical and non-mechanical heating, 
     ventilation, and air conditioning systems, filtering and 
     other air cleaning, fans, control systems, and window and 
     door repair and replacement.
       (5) Reducing or eliminating the presence in library 
     facilities of potential hazards to library staff and patrons, 
     including--
       (A) toxic substances, including mercury, radon, PCBs, lead, 
     and asbestos; or
       (B) mold and mildew.
       (6) Ensuring the safety of drinking water at the tap in 
     library facilities, which may include testing of the 
     potability of water at the tap for the presence of lead and 
     other contaminants.
       (7) Making library facilities accessible to people with 
     disabilities, including by ensuring compliance with the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.) and section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794).
       (8) Improving library facilities for the purposes of 
     supporting place-based services or community-based 
     partnerships that provide library patrons with access to 
     educational, workforce, behavioral health, mental health, and 
     social services.
       (9) Assessing the condition of existing library facilities 
     and the need for new or improved library facilities and 
     developing facilities master plans.

     SEC. 5324. NEED-BASED GRANTS TO LIBRARIES.

       (a) Grants to Libraries.--From the amounts allocated to a 
     State under section 5323(a), the State library administrative 
     agency shall award grants to libraries, on a competitive 
     basis, to carry out the activities described in paragraphs 
     (1) through (9) of section 5323(d).
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, a library shall be--
       (1) a public library;
       (2) a tribal library; or
       (3) a State library or a State archive, with respect to 
     outlets and facilities that provide library service directly 
     to the general public.
       (c) Application.--A library described in subsection (b) 
     that desires to receive a grant under this section shall 
     submit an application to the State library administrative 
     agency at such time, in such manner, and containing such 
     information as the State library administrative agency may 
     require, including--
       (1) the information necessary for the State to make a 
     determination of the library's eligibility for the grant and 
     priority under subsection (d); and
       (2) a description of the projects that the library plans to 
     carry out with the grant, in accordance with paragraphs (1) 
     through (9) of section 5323(d), including--
       (A) the rationale the library used to select such project; 
     and
       (B) a description of how the library took into 
     consideration the impacts of such projects on underserved or 
     marginalized communities, including families with incomes 
     below the poverty line (as defined under section 673(2) of 
     the Community Services Block Grant Act (42 U.S.C. 9902(2)).
       (d) Priority of Grants.--In awarding grants under this 
     section, the State--
       (1) shall give first priority to eligible libraries that 
     demonstrate the greatest need for such a grant in order to 
     plan for, and make long-term improvements to, library 
     facilities that predominantly provide service to underserved 
     or marginalized communities, including families with incomes 
     below the poverty line (as defined under section 673(2) of 
     the Community Services Block Grant Act (42 U.S.C. 9902(2)); 
     and
       (2) may additionally give priority to eligible libraries 
     that will use the grant to--
       (A) make health, safety, resiliency, or emergency 
     preparedness improvements to existing library facilities that 
     pose a severe health or safety threat to library patrons or 
     staff, which may include a threat posed by the proximity of 
     the facilities to toxic sites or the vulnerability of the 
     facilities to natural disasters;
       (B) install or upgrade hardware that will improve access to 
     high-speed broadband for library patrons of the library 
     facilities;
       (C) improve access to existing library facilities for 
     library patrons or staff with disabilities; or
       (D) improve the energy efficiency of or reduce the carbon 
     emissions or negative environmental impacts resulting from 
     the existing library facilities.
       (e) Supplement Not Supplant.--A library shall use a grant 
     received under this section only to supplement the level of 
     Federal, State, and local public funds that would, in the 
     absence of such grant, be made available for the activities 
     supported by the grant, and not to supplant such funds.

     SEC. 5325. ADMINISTRATION AND OVERSIGHT.

       (a) No Prohibition Against Construction.--Section 210A of 
     the Museum and Library Services Act (20 U.S.C. 9109) shall 
     not apply to this chapter.
       (b) No Matching Requirement or Nonfederal Share.--
     Notwithstanding any other provision of law, a State, Indian 
     Tribe, organization, library, or other entity that receives 
     funds under this chapter shall not be required to provide 
     matching funds or a non-Federal share toward the cost of the 
     activities carried out with the funds.
       (c) Supplement Not Supplant.--A State shall use an 
     allocation received under section 5323 only to supplement the 
     level of Federal, State, and local public funds that would, 
     in absence of such allocation, be made available for the 
     activities supported by the allocation, and not to supplant 
     such funds.
       (d) Administrative Costs.--From the amount appropriated 
     under section 5326, the Director may allocate not more than 3 
     percent of such amount for program administration, oversight 
     activities, research, analysis, and data collection related 
     to the purposes of the Build America's Libraries Fund.
       (e) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and annually thereafter until all funds 
     provided under this chapter have been expended, the Director 
     shall issue reports to the Committee on Appropriations and 
     the Committee on Education and Labor of the House of 
     Representatives and the Committee on Appropriations and the 
     Committee on Health, Education, Labor and Pensions of the 
     Senate detailing how funding under this chapter has been 
     spent and its impact on improving library services in 
     communities that are served, including underserved and 
     marginalized populations, Indian Tribes, and Native Hawaiian 
     communities, and shall make such reports publicly available 
     on the website of the Institute of Museum and Library 
     Services.
       (2) State report.--A State that receives funds under this 
     chapter shall, not later than 1 year after the date of 
     enactment of this Act, and annually thereafter until all 
     funds have been expended, submit a report to the Director at 
     such time and in such manner as the Director may require.

     SEC. 5326. APPROPRIATION OF FUNDS.

       There is authorized to be appropriated, and there is 
     appropriated, to carry out this chapter, $5,000,000,000, for 
     the period of fiscal years 2021 through 2023, to remain 
     available until expended.

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

     SEC. 5331. CANCELLATION OF DEBT UNDER HBCU CAPITAL FINANCING 
                   PROGRAM.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of Education shall cancel the 
     obligation of each eligible institution (as defined in 
     section 342 of the Higher Education Act of 1965 (20 U.S.C. 
     1066a)) to repay the balance of interest and principal due on 
     each loan made under part D of title III of the Higher 
     Education Act of 1965 (20 U.S.C. 1066 et seq.) before the 
     date of the enactment of this Act.

     SEC. 5332. ADDITIONAL APPROPRIATIONS FOR THE HBCU HISTORIC 
                   PRESERVATION PROGRAM.

       (a) In General.--
       (1) Amounts appropriated.--There is appropriated to the 
     Secretary of the Interior, out of amounts in the Treasury not 
     otherwise appropriated, $250,000,000 for the period of fiscal 
     years 2021 through 2023, to provide additional allocations 
     under section 507(d)(2) of the Omnibus Parks and Public Lands 
     Management Act of 1996 (54 U.S.C. 302101 note) for the 
     purpose of preserving and restoring over 700 historic 
     buildings and structures on the campuses of Historically 
     Black Colleges and Universities on the National Register of 
     Historic Places.
       (2) Allocation of funds.--The Secretary shall allocate 
     amounts provided under paragraph (1) to institutions in the 
     same proportion as amounts are allocated under section 507(d) 
     of the Omnibus Parks and Public Lands Management Act of 1996 
     (54 U.S.C. 302101 note).
       (b) Applicability of Terms and Conditions.--The terms and 
     conditions that apply to grants under section 507 of the 
     Omnibus Parks and Public Lands Management Act of 1996 (54 
     U.S.C. 302101 note) shall apply to grants made under this 
     section.
       (c) General Provisions.--Any amount appropriated under this 
     section is in addition to other amounts appropriated or made 
     available for the applicable purpose.

[[Page S7779]]

  


     SEC. 5333. FUNDING FOR CONSTRUCTION OF NEW FACILITIES AT 
                   TCUS.

       (a) In General.--Section 113 of the Tribally Controlled 
     Colleges and Universities Assistance Act of 1978 (25 U.S.C. 
     1813) is amended to read as follows:

     ``SEC. 113. CONSTRUCTION OF NEW FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Construction.--The term `construction' includes any 
     effort to address the facility construction, maintenance, 
     renovation, reconstruction, and replacement needs of a Tribal 
     College or University.
       ``(2) Tribal college or university.--The term `Tribal 
     College or University' has the meaning given the term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       ``(b) Grants.--
       ``(1) In general.--With respect to any eligible Tribal 
     College or University that identifies a need for 
     construction, the Secretary shall, subject to the 
     availability of appropriations, provide grants for that 
     construction in accordance with this section.
       ``(2) Navajo tribe.--Notwithstanding section 114(a), the 
     Navajo Tribe may receive grants under this section.
       ``(c) Application.--Each Tribal College or University 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(d) Eligible Activities.--Activities eligible for a grant 
     under this section shall be activities that address a wide 
     variety of facilities and infrastructure needs, including--
       ``(1) building of new facilities, including--
       ``(A) classrooms;
       ``(B) administrative offices;
       ``(C) libraries;
       ``(D) health and cultural centers;
       ``(E) day care centers;
       ``(F) technology centers;
       ``(G) housing for students, faculty, and staff; and
       ``(H) other education-related facilities;
       ``(2) renovating or expanding existing or acquired 
     facilities;
       ``(3) providing new and existing facilities with equipment, 
     including--
       ``(A) laboratory equipment;
       ``(B) computer infrastructure and equipment;
       ``(C) broadband infrastructure and equipment;
       ``(D) library books; and
       ``(E) furniture; and
       ``(4) property acquisition.
       ``(e) No Matching Requirement.--A recipient of a grant 
     under this section shall not be required to make a matching 
     contribution for Federal amounts received.''.
       (b) Miscellaneous Provisions.--Section 114 of the Tribally 
     Controlled Colleges and Universities Assistance Act of 1978 
     (25 U.S.C. 1814) is amended by striking subsection (a) and 
     inserting the following:
       ``(a) Navajo Tribe.--Except as provided in section 
     113(b)(2), the Navajo Tribe shall not be eligible to 
     participate under the provisions of this title.''.
       (c) Appropriations.--There is appropriated, out of amounts 
     in the Treasury not otherwise appropriated, $1,500,000,000 to 
     the Secretary of the Interior for the period of fiscal years 
     2021 through 2023 to provide grants under section 113 of the 
     Tribally Controlled Colleges and Universities Assistance Act 
     of 1978 (25 U.S.C. 1813).

     SEC. 5334. ADDITIONAL APPROPRIATIONS FOR HBCUS, TCUS, AND 
                   MINORITY-SERVING INSTITUTIONS.

       (a) In General.--
       (1) Amounts appropriated.--There is appropriated to the 
     Secretary of Education, out of amounts in the Treasury not 
     otherwise appropriated, $7,000,000,000 for the period of 
     fiscal years 2021 through 2023, to provide additional 
     allocations under section 371 of the Higher Education Act of 
     1965 (20 U.S.C. 1067q) for the purpose of addressing the 
     facility, equipment, educational materials, and funds and 
     administrative management needs of Historically Black 
     Colleges and Universities, Tribal Colleges and Universities, 
     and minority-serving institutions as described in paragraph 
     (3).
       (2) Allocation of funds.--The Secretary of Education shall 
     allocate amounts provided under paragraph (1) to Historically 
     Black Colleges and Universities (within the meaning of the 
     term ``part B institution'' under section 322 of the Higher 
     Education Act of 1965 (20 U.S.C. 1061)), Hispanic-serving 
     institutions, Tribal Colleges and Universities, Alaska 
     Native-serving institutions and Native Hawaiian-serving 
     institutions, Predominantly Black institutions, Asian 
     American and Native American Pacific Islander-serving 
     institutions, and Native American-serving nontribal 
     institutions in the same proportion as amounts are allocated 
     under section 371(b)(2) of the Higher Education Act of 1965 
     (20 U.S.C. 1067q(b)(2)).
       (3) Uses of funds.--Notwithstanding any other provision of 
     law, amounts allocated under this section shall be made 
     available as grants to be used only for any of the following 
     uses:
       (A) Purchase, rental, or lease of scientific or laboratory 
     equipment for educational purposes, including instructional 
     and research purposes.
       (B) Construction, maintenance, renovation, and improvement 
     in classroom, library, laboratory, and other instructional 
     facilities, including purchase or rental of 
     telecommunications technology equipment or services.
       (C) Purchase of library books, periodicals, microfilm, and 
     other educational materials, including telecommunications 
     program materials.
       (D) Funds and administrative management, and acquisition of 
     equipment for use in strengthening funds management.
       (E) Joint use of facilities, such as laboratories and 
     libraries.
       (F) Acquisition of real property in connection with the 
     construction, renovation, or addition to or improvement of 
     campus facilities.
       (G) Creating or improving facilities for Internet or other 
     distance education technologies, including purchase or rental 
     of telecommunications technology equipment or services.
       (H) Other activities approved by the Secretary to address 
     infrastructure needs.
       (b) Applicability of Terms and Conditions.--Except as 
     specified in subsection (a)(3), the terms and conditions that 
     apply to grants under section 371 of the Higher Education Act 
     of 1965 (20 U.S.C. 1067q) shall apply to grants made under 
     this section.
       (c) General Provisions.--Any amount appropriated under this 
     section is in addition to other amounts appropriated or made 
     available for the applicable purpose.

     SEC. 5335. STUDY AND REPORT ON THE PHYSICAL CONDITION OF 
                   HBCUS AND TCUS.

       (a) Study and Report.--Not less frequently than once in 
     each 5-year period beginning after the date of enactment of 
     this Act, the Secretary of Education, acting through the 
     Director of the Institute of Education Sciences, and in 
     consultation with the Secretary of the Interior, shall--
       (1) carry out a comprehensive study of the physical 
     conditions of all Historically Black Colleges and 
     Universities (within the meaning of the term ``part B 
     institution'' under section 322 of the Higher Education Act 
     of 1965 (20 U.S.C. 1061)) and Tribal Colleges and 
     Universities (as defined in section 316 of the Higher 
     Education Act of 1965 (20 U.S.C. 1059c)) in the United 
     States; and
       (2) submit a report that includes the results of the study 
     to the Committee on Appropriations, the Committee on Health, 
     Education, Labor, and Pensions, the Committee on Energy and 
     Natural Resources, the Committee on Agriculture, Nutrition, 
     and Forestry, and the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Appropriations, the Committee on Education and Labor, the 
     Committee on Natural Resources, the Committee on Agriculture, 
     and the Committee on Energy and Commerce of the House of 
     Representatives.
       (b) Elements.--Each study and report under subsection (a) 
     shall include an assessment of--
       (1) the impact of institutional facility conditions on 
     student and staff health and safety;
       (2) the impact of institutional facility conditions on 
     student academic outcomes;
       (3) the condition of institutional facilities, set forth 
     separately by geographic region; and
       (4) the accessibility of institutional facilities for 
     students and staff with disabilities.

                   Subtitle D--Environmental Justice

           CHAPTER 1--DRINKING WATER AND CLEAN WATER PROGRAMS

     SEC. 5401. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL 
                   GRANTS.

       Section 221 of the Federal Water Pollution Control Act (33 
     U.S.C. 1301) is amended--
       (1) in subsection (a)(1) --
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) notification systems to inform the public of combined 
     sewer or sanitary overflows that result in sewage being 
     released into rivers and other waters; and''; and
       (2) in subsection (f)--
       (A) in paragraph (1)--
       (i) by striking ``There is'' and inserting ``There are'';
       (ii) by striking the period at the end and inserting ``; 
     and'';
       (iii) by striking ``this section $225,000,000'' and 
     inserting the following: ``this section--
       ``(A) $225,000,000''; and
       (iv) by adding at the end the following:
       ``(B) $400,000,000 for each of fiscal years 2021 through 
     2023.''; and
       (B) in paragraph (2)--
       (i) by striking ``To the extent'' and inserting the 
     following:
       ``(A) Green infrastructure.--To the extent''; and
       (ii) by adding at the end the following:
       ``(B) Rural allocation.--
       ``(i) Definition of rural area.--In this subparagraph, the 
     term `rural area' means a city, town, or unincorporated area 
     that has a population of not more than 10,000 inhabitants.
       ``(ii) Allocation.--To the extent there are sufficient 
     eligible project applications, the Administrator shall ensure 
     that a State uses not less than 20 percent of the amount of 
     the grants made to the State under subsection (a) in a fiscal 
     year to carry out projects in rural areas for the purpose of 
     planning, design, and construction of--

       ``(I) treatment works to intercept, transport, control, 
     treat, or reuse municipal sewer overflows, sanitary sewer 
     overflows, or stormwater; or
       ``(II) any other measures to manage, reduce, treat, or 
     recapture stormwater or subsurface drainage water eligible 
     for assistance under section 603(c).''.

[[Page S7780]]

  


     SEC. 5402. CLEAN WATER INFRASTRUCTURE RESILIENCY AND 
                   SUSTAINABILITY PROGRAM.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 222. CLEAN WATER INFRASTRUCTURE RESILIENCY AND 
                   SUSTAINABILITY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a municipality; or
       ``(B) an intermunicipal, interstate, or State agency.
       ``(2) Natural hazard.--The term `natural hazard' means a 
     hazard caused by natural forces, including extreme weather 
     events, sea-level rise, and extreme drought conditions.
       ``(3) Program.--The term `program' means the clean water 
     infrastructure resilience and sustainability program 
     established under subsection (b).
       ``(b) Establishment.--Subject to the availability of 
     appropriations, the Administrator shall establish a clean 
     water infrastructure resilience and sustainability program 
     under which the Administrator shall award grants to eligible 
     entities for the purpose of increasing the resilience of 
     publicly owned treatment works to a natural hazard.
       ``(c) Use of Funds.--An eligible entity that receives a 
     grant under the program shall use the grant funds for 
     planning, designing, or constructing projects (on a system-
     wide or area-wide basis and including upgrades and retrofits) 
     that increase the resilience of a publicly owned treatment 
     works to a natural hazard through--
       ``(1) the conservation of water;
       ``(2) the enhancement of water use efficiency;
       ``(3) the enhancement of wastewater and stormwater 
     management by increasing watershed preservation and 
     protection, including through the use of--
       ``(A) natural and engineered green infrastructure; and
       ``(B) reclamation and reuse of wastewater and stormwater, 
     such as aquifer recharge zones;
       ``(4) the modification or relocation of an existing 
     publicly owned treatment works that is at risk of being 
     significantly impaired or damaged by a natural hazard;
       ``(5) the development and implementation of projects to 
     increase the resilience of publicly owned treatment works to 
     a natural hazard; or
       ``(6) the enhancement of energy efficiency or the use and 
     generation of recovered or renewable energy in the 
     management, treatment, or conveyance of wastewater or 
     stormwater.
       ``(d) Application.--To be eligible to receive a grant under 
     the program, an eligible entity shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require, including--
       ``(1) a proposal of the project to be planned, designed, or 
     constructed using funds under the program;
       ``(2) an identification of the natural hazard risk to be 
     addressed by the proposed project;
       ``(3) documentation prepared by a Federal, State, regional, 
     or local government agency of the natural hazard risk of the 
     area where the proposed project is to be located;
       ``(4) a description of any recent natural hazard events 
     that have affected the publicly owned treatment works;
       ``(5) a description of how the proposed project would 
     improve the performance of the publicly owned treatment works 
     under an anticipated natural hazard; and
       ``(6) an explanation of how the proposed project is 
     expected to enhance the resilience of the publicly owned 
     treatment works to an anticipated natural hazard.
       ``(e) Grant Amount and Other Federal Requirements.--
       ``(1) Cost share.--Except as provided in paragraph (2), a 
     grant under the program shall not exceed 75 percent of the 
     total cost of the proposed project.
       ``(2) Exception.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a grant under the program shall not exceed 90 percent of the 
     total cost of the proposed project if the project serves a 
     community that--
       ``(i) is disproportionately affected by toxic pollution; 
     and
       ``(ii)(I) has a population of fewer than 10,000 
     individuals; or
       ``(II) meets the affordability criteria established by the 
     State in which the community is located under section 
     603(i)(2).
       ``(B) Waiver.--At the discretion of the Administrator, a 
     grant for a project described in subparagraph (A) may cover 
     100 percent of the total cost of the proposed project.
       ``(3) Requirements.--The requirements of section 608 shall 
     apply to a project funded with a grant under the program.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $333,000,000 for each of fiscal years 2021 and 2022; 
     and
       ``(B) $334,000,000 for fiscal year 2023.
       ``(2) Limitation on use of funds.--Of the amounts made 
     available for grants under paragraph (1), not more than 2 
     percent may be used to pay the administrative costs of the 
     Administrator.''.

     SEC. 5403. GRANTS FOR CONSTRUCTION, REFURBISHING, AND 
                   SERVICING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED 
                   WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR 
                   MODERATE INCOME.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) (as amended by section 5402) is amended 
     by adding at the end the following:

     ``SEC. 223. GRANTS FOR CONSTRUCTION, REFURBISHING, AND 
                   SERVICING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED 
                   WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR 
                   MODERATE INCOME.

       ``(a) Definition of Eligible Individual.--In this section, 
     the term `eligible individual' means a member of a low-income 
     or moderate-income household, the members of which have a 
     combined income (for the most recent 12-month period for 
     which information is available) equal to not more than 50 
     percent of the median nonmetropolitan household income for 
     the State or territory in which the household is located, 
     according to the most recent decennial census.
       ``(b) Grant Program.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Administrator shall establish a program 
     under which the Administrator shall provide grants to private 
     nonprofit organizations for the purpose of improving general 
     welfare by providing assistance to eligible individuals--
       ``(A) for the construction, repair, or replacement of an 
     individual household decentralized wastewater treatment 
     system;
       ``(B) if the eligible individual resides in a household 
     that could be cost-effectively connected to an available 
     publicly owned treatment works, for the connection of the 
     household of the eligible individual to the publicly owned 
     treatment works; or
       ``(C) for the installation of a larger decentralized 
     wastewater system designed to provide treatment for 2 or more 
     households in which eligible individuals reside, if--
       ``(i) site conditions at the households are unsuitable for 
     the installation of an individually owned decentralized 
     wastewater system;
       ``(ii) multiple examples of unsuitable site conditions 
     exist in close geographic proximity to each other; and
       ``(iii) a larger decentralized wastewater system could be 
     cost-effectively installed.
       ``(2) Application.--To be eligible to receive a grant under 
     this subsection, a private nonprofit organization shall 
     submit to the Administrator an application at such time, in 
     such manner, and containing such information as the 
     Administrator determines to be appropriate.
       ``(3) Priority.--In awarding grants under this subsection, 
     the Administrator shall give priority to applicants that have 
     substantial expertise and experience in promoting the safe 
     and effective use of individual household decentralized 
     wastewater systems.
       ``(4) Administrative expenses.--A private nonprofit 
     organization may use amounts provided under this subsection 
     to pay the administrative expenses associated with the 
     provision of the services described in paragraph (1), as the 
     Administrator determines to be appropriate.
       ``(c) Assistance.--
       ``(1) In general.--Subject to paragraph (2), a private 
     nonprofit organization shall use a grant provided under 
     subsection (b) for the services described in paragraph (1) of 
     that subsection.
       ``(2) Application.--To be eligible to receive the services 
     described in subsection (b)(1), an eligible individual shall 
     submit to the private nonprofit organization serving the area 
     in which the individual household decentralized wastewater 
     system of the eligible individuals is, or is proposed to be, 
     located an application at such time, in such manner, and 
     containing such information as the private nonprofit 
     organization determines to be appropriate.
       ``(3) Priority.--In awarding assistance under this 
     subsection, a private nonprofit organization shall give 
     priority to any eligible individual who does not have access 
     to a sanitary sewage disposal system.
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of this section, the Administrator shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the recipients 
     of grants under the program under this section and the 
     results of the program under this section.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Administrator to carry out this section $50,000,000 
     for each of fiscal years 2021 through 2023.
       ``(2) Limitation on use of funds.--Of the amounts made 
     available for grants under paragraph (1), not more than 2 
     percent may be used to pay the administrative costs of the 
     Administrator.''.

     SEC. 5404. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) (as amended by section 5403) is amended 
     by adding at the end the following:

     ``SEC. 224. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) an owner or operator of a publicly owned treatment 
     works that assists or is seeking to assist low-income or 
     moderate-income individuals with connecting the household of 
     the individual to the publicly owned treatment works; or
       ``(B) a nonprofit entity that assists low-income or 
     moderate-income individuals with

[[Page S7781]]

     the costs associated with connecting the household of the 
     individual to a publicly owned treatment works.
       ``(2) Program.--The term `program' means the competitive 
     grant program established under subsection (b).
       ``(3) Qualified individual.--The term `qualified 
     individual' has the meaning given the term `eligible 
     individual' in section 603(j).
       ``(b) Establishment.--Subject to the availability of 
     appropriations, the Administrator shall establish a 
     competitive grant program with the purpose of improving 
     general welfare, under which the Administrator awards grants 
     to eligible entities to provide funds to assist qualified 
     individuals in covering the costs incurred by the qualified 
     individual in connecting the household of the qualified 
     individual to a publicly owned treatment works.
       ``(c) Application.--
       ``(1) In general.--An eligible entity seeking a grant under 
     the program shall submit to the Administrator an application 
     at such time, in such manner, and containing such information 
     as the Administrator may by regulation require.
       ``(2) Requirement.--Not later than 90 days after the date 
     on which the Administrator receives an application from an 
     eligible entity under paragraph (1), the Administrator shall 
     notify the eligible entity of whether the Administrator will 
     award a grant to the eligible entity under the program.
       ``(d) Selection Criteria.--In selecting recipients of 
     grants under the program, the Administrator shall use the 
     following criteria:
       ``(1) Whether the eligible entity seeking a grant provides 
     services to, or works directly with, qualified individuals.
       ``(2) Whether the eligible entity seeking a grant--
       ``(A) has an existing program to assist in covering the 
     costs incurred in connecting a household to a publicly owned 
     treatment works; or
       ``(B) seeks to create a program described in subparagraph 
     (A).
       ``(e) Requirements.--
       ``(1) Voluntary connection.--Before providing funds to a 
     qualified individual for the costs described in subsection 
     (b), an eligible entity shall ensure that--
       ``(A) the qualified individual has connected to the 
     publicly owned treatment works voluntarily; and
       ``(B) if the eligible entity is not the owner or operator 
     of the publicly owned treatment works to which the qualified 
     individual has connected, the publicly owned treatment works 
     to which the qualified individual has connected has agreed to 
     the connection.
       ``(2) Reimbursements from publicly owned treatment works.--
     An eligible entity that is an owner or operator of a publicly 
     owned treatment works may reimburse a qualified individual 
     that has already incurred the costs described in subsection 
     (b) by--
       ``(A) reducing the amount otherwise owed by the qualified 
     individual to the owner or operator for wastewater or other 
     services provided by the owner or operator; or
       ``(B) providing a direct payment to the qualified 
     individual.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out the program $40,000,000 for each of fiscal years 
     2021 through 2023.
       ``(2) Limitation on use of funds.--Of the amounts made 
     available for grants under paragraph (1), not more than 2 
     percent may be used to pay the administrative costs of the 
     Administrator.''.

     SEC. 5405. WATER POLLUTION CONTROL REVOLVING LOAN FUND 
                   CAPITALIZATION GRANTS.

       Section 602(b) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1382(b)) is amended--
       (1) in paragraph (13)(B)--
       (A) in the matter preceding clause (i), by striking ``and 
     energy conservation'' and inserting ``and efficient energy 
     use (including through the implementation of technologies to 
     recapture and reuse energy produced in the treatment of 
     wastewater)''; and
       (B) in clause (iii), by striking ``and'' at the end;
       (2) in paragraph (14), by striking the period at the end 
     and inserting ``; and'' ; and
       (3) by adding at the end the following:
       ``(15) to the extent there are sufficient projects or 
     activities eligible for assistance from the fund, with 
     respect to funds for capitalization grants received by the 
     State under this title and section 205(m), the State will use 
     not less than 15 percent of such funds for projects to 
     address green infrastructure, water or energy efficiency 
     improvements, or other environmentally innovative 
     activities.''.

     SEC. 5406. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

       Section 603(i) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1383(i)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``, including forgiveness of principal and negative interest 
     loans'' and inserting ``(including in the form of forgiveness 
     of principal, negative interest loans, or grants)''; and
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``in 
     assistance''; and
       (ii) in clause (ii)(III), by striking ``to such 
     ratepayers'' and inserting ``to help such ratepayers maintain 
     access to wastewater and stormwater treatment services''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Subsidization amounts.--
       ``(A) In general.--A State may use, for providing 
     additional subsidization in a fiscal year under this 
     subsection, an amount that does not exceed--
       ``(i) during each of fiscal years 2021 through 2023, 40 
     percent of the total amount received by the State in 
     capitalization grants under this title for the fiscal year; 
     and
       ``(ii) during fiscal year 2024 and each fiscal year 
     thereafter, 30 percent of the total amount received by the 
     State in capitalization grants under this title for the 
     fiscal year.
       ``(B) Minimum.--To the extent there are sufficient 
     applications for additional subsidization under this 
     subsection that meet the criteria under paragraph (1)(A), a 
     State shall use, for providing additional subsidization in a 
     fiscal year under this subsection, an amount that is not less 
     than 10 percent of the total amount received by the State in 
     capitalization grants under this title for the fiscal 
     year.''.

     SEC. 5407. AUTHORIZATION OF APPROPRIATIONS FOR WATER 
                   POLLUTION CONTROL STATE REVOLVING FUNDS.

       Title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     title $3,000,000,000 for each of fiscal years 2021 through 
     2023.''.

     SEC. 5408. BROWNFIELDS FUNDING.

       (a) Authorization of Appropriations.--Section 104(k)(13) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9604(k)(13)) is amended to 
     read as follows:
       ``(13) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection--
       ``(A) $350,000,000 for fiscal year 2021;
       ``(B) $400,000,000 for fiscal year 2022; and
       ``(C) $450,000,000 for fiscal year 2023.''.
       (b) State Response Programs.--Section 128(a)(3) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended to 
     read as follows:
       ``(3) Funding.--There are authorized to be appropriated to 
     carry out this subsection--
       ``(A) $70,000,000 for fiscal year 2021;
       ``(B) $80,000,000 for fiscal year 2022; and
       ``(C) $90,000,000 for fiscal year 2023.''.

     SEC. 5409. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES 
                   AFFECTING PUBLIC WATER SYSTEMS.

       Section 1442 of the Safe Drinking Water Act (42 U.S.C. 
     300j-1) is amended--
       (1) in subsection (b), in the first sentence, by inserting 
     ``, including a threat to public health resulting from 
     contaminants, such as, but not limited to, heightened 
     exposure to lead in drinking water'' after ``public health'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (b) $35,000,000 
     for each of fiscal years 2021 through 2023.'';
       (3) in subsection (e)(5), by striking ``2015 through 2020'' 
     and inserting ``2021 through 2023'';
       (4) by redesignating subsection (f) as subsection (g); and
       (5) by inserting after subsection (e) the following:
       ``(f) State-based Nonprofit Organizations.--The 
     Administrator may provide technical assistance consistent 
     with the authority provided under subsection (e) to State-
     based nonprofit organizations that are governed by community 
     water systems.''.

     SEC. 5410. GRANTS FOR STATE PROGRAMS.

       Section 1443(a)(7) of the Safe Drinking Water Act (42 
     U.S.C. 300j-2(a)(7)) is amended by striking ``and 2021'' and 
     inserting ``through 2023''.

     SEC. 5411. DRINKING WATER STATE REVOLVING LOAN FUNDS.

       (a) Reauthorizations.--Section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12) is amended--
       (1) in subsection (a)(4)(A), by striking ``During fiscal 
     years 2019 through 2023, funds'' and inserting ``Funds'';
       (2) in subsection (m)(1)--
       (A) in subparagraph (B), by striking ``and''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) $3,000,000,000 for each of fiscal years 2021 and 
     2022; and
       ``(D) $4,000,000,000 for fiscal year 2023.''; and
       (3) in subsection (q), by striking ``2016 through 2021'' 
     and inserting ``2021 through 2023''.
       (b) Assistance for Disadvantaged Communities.--Section 
     1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) 
     is amended--
       (1) in paragraph (1), by inserting ``, grants, negative 
     interest loans, other loan forgiveness, and through buying, 
     refinancing, or restructuring debt'' after ``forgiveness of 
     principal''; and
       (2) in paragraph (2)(B), by striking ``6 percent'' and 
     inserting ``20 percent''.

     SEC. 5412. SOURCE WATER PETITION PROGRAM.

       Section 1454(a) of the Safe Drinking Water Act (42 U.S.C. 
     300j-14(a)) is amended--
       (1) in paragraph (1)(A), in the matter preceding clause 
     (i), by striking ``political subdivision of a State,'' and 
     inserting ``political

[[Page S7782]]

     subdivision of a State (including a county that is designated 
     by the State to act on behalf of an unincorporated area 
     within that county, with the agreement of that unincorporated 
     area),'';
       (2) in paragraph (4)(D)(i), by inserting ``(including a 
     county that is designated by the State to act on behalf of an 
     unincorporated area within that county)'' after ``of the 
     State''; and
       (3) by adding at the end the following:
       ``(5) Savings provision.--Unless otherwise provided within 
     the agreement, an agreement between an unincorporated area 
     and a county for the county to submit a petition under 
     paragraph (1)(A) on behalf of the unincorporated area shall 
     not authorize the county to act on behalf of the 
     unincorporated area in any matter not within a program under 
     this section.''.

     SEC. 5413. ASSISTANCE FOR SMALL AND DISADVANTAGED 
                   COMMUNITIES.

       (a) Existing Programs.--Section 1459A of the Safe Drinking 
     Water Act (42 U.S.C. 300j-19a) is amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) the purchase of point-of-entry or point-of-use 
     filters that are independently certified using science-based 
     test methods for the removal of contaminants of concern;
       ``(E) investments necessary for providing accurate and 
     current information about--
       ``(i) the need for filtration, filter safety, and proper 
     maintenance practices; and
       ``(ii) the options for replacing lead service lines (as 
     defined section 1459B(a)) and removing other sources of lead 
     in water; and
       ``(F) entering into contracts with nonprofit organizations 
     that have water system technical expertise to assist 
     underserved communities.
       ``(3) Contracting parties.--A contract described in 
     paragraph (2)(F) may be between a nonprofit organization 
     described in that paragraph and--
       ``(A) an eligible entity; or
       ``(B) the State of an eligible entity, on behalf of that 
     eligible entity.'';
       (2) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``An eligible entity'' and inserting 
     ``Except for purposes of subsections (j) and (m), an eligible 
     entity'';
       (3) in subsection (g)(1), by striking ``to pay not less 
     than 45 percent'' and inserting ``except as provided in 
     subsection (l)(5) and subject to subsection (h), to pay not 
     less than 10 percent'';
       (4) by striking subsection (h) and inserting the following:
       ``(h) Waiver.--The Administrator may waive the requirement 
     under subsection (g)(1).'';
       (5) by striking subsection (k) and inserting the following:
       ``(k) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsections (a) through (j) 
     $300,000,000 for each of fiscal years 2021 through 2023.''; 
     and
       (6) in subsection (l)--
       (A) in paragraph (2)--
       (i) by striking ``The Administrator may'' and inserting 
     ``The Administrator shall''; and
       (ii) by striking ``fiscal years 2019 and 2020'' and 
     inserting ``fiscal years 2021 through 2023'';
       (B) by striking paragraph (5) and inserting the following:
       ``(5) Federal share for underserved communities.--
       ``(A) In general.--Subject to subparagraph (B), with 
     respect to a program or project that serves an underserved 
     community and is carried out using a grant under this 
     subsection, the Federal share of the cost of the program or 
     project shall be 90 percent.
       ``(B) Waiver.--The Administrator may increase the Federal 
     share under subparagraph (A)(ii) to 100 percent.
       ``(6) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection--
       ``(A) $150,000,000 for each of fiscal years 2021 and 2022; 
     and
       ``(B) $200,000,000 for fiscal year 2023.''.
       (b) Connection to Public Water Systems.--Section 1459A of 
     the Safe Drinking Water Act (42 U.S.C. 300j-19a) is amended 
     by adding at the end the following:
       ``(m) Connection to Public Water Systems.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible entity.--The term `eligible entity' means--
       ``(i) an owner or operator of a public water system that 
     assists or is seeking to assist eligible individuals with 
     connecting the household of the eligible individual to the 
     public water system; or
       ``(ii) a nonprofit entity that assists or is seeking to 
     assist eligible individuals with the costs associated with 
     connecting the household of the eligible individual to a 
     public water system.
       ``(B) Eligible individual.--The term `eligible individual' 
     has the meaning given the term in section 603(j) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1383(j)).
       ``(C) Program.--The term `program' means the competitive 
     grant program established under paragraph (2).
       ``(2) Establishment.--Subject to the availability of 
     appropriations, the Administrator shall establish a 
     competitive grant program for the purpose of improving the 
     general welfare under which the Administrator awards grants 
     to eligible entities to provide funds to assist eligible 
     individuals in covering the costs incurred by the eligible 
     individual in connecting the household of the eligible 
     individual to a public water system.
       ``(3) Application.--An eligible entity seeking a grant 
     under the program shall submit to the Administrator an 
     application at such time, in such manner, and containing such 
     information as the Administrator may require.
       ``(4) Voluntary connection.--Before providing funds to an 
     eligible individual for the costs described in paragraph (2), 
     an eligible entity shall ensure that--
       ``(A) the eligible individual is voluntarily seeking 
     connection to the public water system;
       ``(B) if the eligible entity is not the owner or operator 
     of the public water system to which the eligible individual 
     seeks to connect, the public water system to which the 
     eligible individual seeks to connect has agreed to the 
     connection; and
       ``(C) the connection of the household of the eligible 
     individual to the public water system meets all applicable 
     local and State regulations, requirements, and codes.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out the program $40,000,000 for 
     each of fiscal years 2021 through 2023.''.
       (c) Competitive Grant Pilot Program.--Section 1459A of the 
     Safe Drinking Water Act (42 U.S.C. 300j-19a) (as amended by 
     subsection (b)) is amended by adding at the end the 
     following:
       ``(n) State Competitive Grants for Underserved 
     Communities.--
       ``(1) In general.--In addition to amounts authorized to be 
     appropriated under subsection (k), there is authorized to be 
     appropriated to carry out subsections (a) through (j) 
     $50,000,000 for each of fiscal years 2021 through 2023 in 
     accordance with paragraph (2).
       ``(2) Competitive grants.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section, the Administrator shall distribute amounts made 
     available under paragraph (1) to States through a competitive 
     grant program.
       ``(B) Applications.--To seek a grant under the competitive 
     grant program under subparagraph (A), a State shall submit to 
     the Administrator an application at such time, in such 
     manner, and containing such information as the Administrator 
     may require.
       ``(C) Prioritization.--In selecting recipients of grants 
     under the competitive grant program under subparagraph (A), 
     the Administrator shall give priority to States with a high 
     proportion of underserved communities that meet the condition 
     described in subsection (a)(2)(A).
       ``(3) Savings provision.--Nothing in this paragraph affects 
     the distribution of amounts made available under subsection 
     (k), including any methods used by the Administrator for 
     distribution of amounts made available under that subsection 
     as in effect on the day before the date of enactment of this 
     subsection.''.

     SEC. 5414. REDUCING LEAD IN DRINKING WATER.

       Section 1459B of the Safe Drinking Water Act (42 U.S.C. 
     300j-19b) is amended--
       (1) in subsection (d)--
       (A) by inserting ``(except for subsection (d))'' after 
     ``this section''; and
       (B) by striking ``$60,000,000 for each of fiscal years 2017 
     through 2021'' and inserting ``$4,500,000,000 for each of 
     fiscal years 2021 through 2023'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Lead Mapping Utilization Grant Pilot Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible entity.--The term `eligible entity' means a 
     municipality that is served by a community water system or a 
     nontransient noncommunity water system in which not less than 
     30 percent of the service lines are known, or likely to 
     contain, lead service lines.
       ``(B) Pilot program.--The term `pilot program' means the 
     pilot program established under paragraph (2).
       ``(2) Establishment.--The Administrator shall establish a 
     pilot program under which the Administrator shall provide 
     grants to eligible entities to carry out lead reduction 
     projects that are demonstrated to exist based on existing 
     lead mapping of those eligible entities.
       ``(3) Selection.--
       ``(A) Application.--To be eligible to receive a grant under 
     the pilot program, an eligible entity shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require.
       ``(B) Prioritization.--In selecting recipients under the 
     pilot program, the Administrator shall give priority to an 
     eligible entity that meets the affordability criteria 
     established by the applicable State.
       ``(4) Report.--Not later 2 years after the Administrator 
     first awards a grant under the pilot program, the 
     Administrator shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report 
     describing--
       ``(A) the recipients of grants under the pilot program;

[[Page S7783]]

       ``(B) the existing lead mapping that was available to 
     recipients of grants under the pilot program; and
       ``(C) how useful and accurate the lead mapping described in 
     subparagraph (B) was in locating lead contaminants of the 
     eligible entity.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out the pilot program 
     $10,000,000, to remain available until expended.
       ``(e) Comprehensive Lead Reduction Projects.--
       ``(1) Grants.--The Administrator shall make grants 
     available under this subsection to eligible entities for 
     comprehensive lead reduction projects that, notwithstanding 
     any other provision in this section, fully replace all lead 
     service lines served by the eligible entity, irrespective of 
     the ownership of the service line.
       ``(2) Priority.--In making grants under paragraph (1), the 
     Administrator shall give priority to eligible entities 
     serving--
       ``(A) disadvantaged communities in accordance with 
     subsection (b)(3);
       ``(B) environmental justice communities with significant 
     representation of communities of color or low-income 
     communities; or
       ``(C) Tribal and indigenous communities that experience, or 
     are at risk of experiencing, higher or more adverse human 
     health or environmental effects.
       ``(3) No cost-sharing.--The Federal share of the cost of a 
     project carried out pursuant to this subsection shall be 100 
     percent, and no individual homeowner shall be required to 
     provide a contribution to the cost of replacement of any 
     portion of a service line replaced using a grant under this 
     subsection.''.

     SEC. 5415. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER 
                   SYSTEMS.

       Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC 
                   WATER SYSTEMS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a unit of local government;
       ``(B) a public corporation established by a unit of local 
     government to provide water service;
       ``(C) a nonprofit corporation, public trust, or cooperative 
     association that owns or operates a public water system; and
       ``(D) an Indian Tribe that owns or operates a public water 
     system.
       ``(2) Operational sustainability.--The term `operational 
     sustainability' means the ability to improve the operation of 
     a small system through the identification and prevention of 
     potable water loss due to leaks, breaks, and other metering 
     or infrastructure failures.
       ``(3) Program.--The term `program' means the grant program 
     established under subsection (b).
       ``(4) Small system.--The term `small system' means a public 
     water system that--
       ``(A) serves fewer than 10,000 people; and
       ``(B) is owned or operated by--
       ``(i) a unit of local government;
       ``(ii) a public corporation;
       ``(iii) a nonprofit corporation;
       ``(iv) a public trust;
       ``(v) a cooperative association; or
       ``(vi) an Indian Tribe.
       ``(b) Establishment.--Subject to the availability of 
     appropriations, the Administrator shall establish a program 
     to award grants to eligible entities for the purpose of 
     improving the operational sustainability of 1 or more small 
     systems.
       ``(c) Applications.--To be eligible to receive a grant 
     under the program, an eligible entity shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require, including--
       ``(1) a proposal of the project to be carried out using 
     grant funds under the program;
       ``(2) documentation prepared by the eligible entity 
     describing the deficiencies or suspected deficiencies in 
     operational sustainability of 1 or more small systems that 
     are to be addressed through the proposed project;
       ``(3) a description of how the proposed project will 
     improve the operational sustainability of 1 or more small 
     systems;
       ``(4) a description of how the improvements described in 
     paragraph (3) will be maintained beyond the life of the 
     proposed project, including a plan to maintain and update any 
     asset data collected as a result of the proposed project;
       ``(5)(A) if the eligible entity is located in a State that 
     has established a State drinking water treatment revolving 
     loan fund under section 1452, a copy of a written agreement 
     between the eligible entity and the State in which the 
     eligible entity agrees to provide a copy of any data 
     collected under the proposed project to the State agency 
     administering the State drinking water treatment revolving 
     loan fund (or a designee); or
       ``(B) if the eligible entity is located in an area other 
     than a State that has established a State drinking water 
     treatment revolving loan fund under section 1452, a copy of a 
     written agreement between the eligible entity and the 
     Administrator in which the eligible entity agrees to provide 
     a copy of any data collected under the proposed project to 
     the Administrator (or a designee); and
       ``(6) any additional information the Administrator may 
     require.
       ``(d) Use of Funds.--An eligible entity that receives a 
     grant under the program shall use the grant funds to carry 
     out projects that improve the operational sustainability of 1 
     or more small systems through--
       ``(1) the development of a detailed asset inventory, which 
     may include drinking water sources, wells, storage, valves, 
     treatment systems, distribution lines, hydrants, pumps, 
     controls, and other essential infrastructure;
       ``(2) the development of an infrastructure asset map, 
     including a map that uses technology such as--
       ``(A) geographic information system software; and
       ``(B) global positioning system software;
       ``(3) the deployment of leak detection technology;
       ``(4) the deployment of metering technology;
       ``(5) training in asset management strategies, techniques, 
     and technologies appropriate staff employed by--
       ``(A) the eligible entity; or
       ``(B) the small systems for which the grant was received; 
     and
       ``(6) the development or deployment of other strategies, 
     techniques, or technologies that the Administrator may 
     determine to be appropriate under the program.
       ``(e) Cost Share.--
       ``(1) In general.--Subject to paragraph (2), the Federal 
     share of the cost of a project carried out using a grant 
     under the program shall be 90 percent of the total cost of 
     the project.
       ``(2) Waiver.--The Administrator may increase the Federal 
     share under paragraph (1) to 100 percent.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2021 through 2023.''.

     SEC. 5416. DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE 
                   AND SUSTAINABILITY PROGRAM.

       Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
     seq.) (as amended by section 5415) is amended by adding at 
     the end the following:

     ``SEC. 1459F. DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE 
                   AND SUSTAINABILITY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Natural hazard; resilience.--The terms `resilience' 
     and `natural hazard' have the meanings given those terms in 
     section 1433(h).
       ``(2) Resilience and sustainability program.--The term 
     `resilience and sustainability program' means the Drinking 
     Water System Infrastructure Resilience and Sustainability 
     Program established under subsection (b).
       ``(b) Establishment.--The Administrator shall establish and 
     carry out a program, to be known as the `Drinking Water 
     System Infrastructure Resilience and Sustainability Program', 
     under which the Administrator, subject to the availability of 
     appropriations for the resilience and sustainability program, 
     shall award grants to public water systems for the purpose of 
     increasing resilience to natural hazards.
       ``(c) Use of Funds.--A public water system may only use 
     grant funds received under the resilience and sustainability 
     program to assist in the planning, design, construction, 
     implementation, operation, or maintenance of a program or 
     project that increases resilience to natural hazards 
     through--
       ``(1) the conservation of water or the enhancement of 
     water-use efficiency;
       ``(2) the modification or relocation of existing drinking 
     water system infrastructure made, or that is at risk of 
     being, significantly impaired by natural hazards, including 
     risks to drinking water from flooding;
       ``(3) the design or construction of new or modified 
     desalination facilities to serve existing communities;
       ``(4) the enhancement of water supply through the use of 
     watershed management and source water protection;
       ``(5) the enhancement of energy efficiency or the use and 
     generation of renewable energy in the conveyance or treatment 
     of drinking water; or
       ``(6) the development and implementation of measures to 
     increase the resilience of the public water system to natural 
     hazards.
       ``(d) Application.--To seek a grant under the resilience 
     and sustainability program, a public water system shall 
     submit to the Administrator an application at such time, in 
     such manner, and containing such information as the 
     Administrator may require, including--
       ``(1) a proposal of the program or project to be planned, 
     designed, constructed, implemented, operated, or maintained 
     by the public water system;
       ``(2) an identification of the natural hazard risk to be 
     addressed by the proposed program or project;
       ``(3) documentation prepared by a Federal, State, regional, 
     or local government agency of the natural hazard risk to the 
     area where the proposed program or project is to be located;
       ``(4) a description of any recent natural hazard events 
     that have affected the public water system;
       ``(5) a description of how the proposed program or project 
     would improve the performance of the public water system 
     under the anticipated natural hazards; and
       ``(6) an explanation of how the proposed program or project 
     is expected to enhance the resilience of the public water 
     system to the anticipated natural hazards.

[[Page S7784]]

       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the resilience and 
     sustainability program--
       ``(1) $150,000,000 for each of fiscal years 2021 and 2022; 
     and
       ``(2) $200,000,000 for fiscal year 2023.''.

     SEC. 5417. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN 
                   LOW-INCOME COMMUNITY WATER ASSISTANCE.

       Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
     seq.) (as amended by section 5416) is amended by adding at 
     the end the following:

     ``SEC. 1459G. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN 
                   LOW-INCOME COMMUNITY WATER ASSISTANCE.

       ``(a) Definition of Low-income Household.--In this section, 
     the term `low-income household' means a household that has an 
     income that, as determined by the State in which the 
     household is located, does not exceed the greater of--
       ``(1) an amount equal to 150 percent of the poverty level 
     of that State; and
       ``(2) an amount equal to 60 percent of the State median 
     income for that State.
       ``(b) Study; Report.--
       ``(1) In general.--Subject to the availability of 
     appropriations, not later than 2 years after the date of 
     enactment of this section, the Administrator shall conduct, 
     and submit to Congress a report describing the results of, a 
     study regarding the prevalence throughout the United States 
     of low-income households, including low-income renters, that 
     do not have access to affordable public drinking water 
     services to meet household needs.
       ``(2) Inclusions.--The report under paragraph (1) shall 
     include--
       ``(A) recommendations of the Administrator regarding the 
     best methods to increase access to affordable and reliable 
     drinking water services;
       ``(B) a description of the cost of each method described in 
     subparagraph (A);
       ``(C) an examination of, to the extent feasible--
       ``(i) levels of household water debt during the 5-year 
     period ending on the date on which the report is published;
       ``(ii) rates of water shutoffs during that period;
       ``(iii) durations of those water shutoffs during that 
     period; and
       ``(iv) actions of utilities and jurisdictions, as 
     applicable, during that period against households with water 
     debt, including property liens and foreclosures; and
       ``(D) with respect to the development of the report, a 
     consultation with all relevant stakeholders.
       ``(3) Agreements.--The Administrator may enter into an 
     agreement with another Federal agency to carry out the study 
     under paragraph (1).
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000, to 
     remain available until expended.''.

     SEC. 5418. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.

       Section 1464 of the Safe Drinking Water Act (42 U.S.C. 
     300j-24) is amended--
       (1) in subsection (b)--
       (A) in the first sentence, by inserting ``public water 
     systems and'' after ``to assist'';
       (B) in the third sentence, by inserting ``public water 
     systems,'' after ``schools,''; and
       (C) in the sixth sentence, by striking ``within 100 days 
     after the enactment of this section'' and inserting ``not 
     later than 100 days after the date of enactment of the 
     Economic Justice Act''; and
       (2) in subsection (d)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by inserting ``, public water systems that serve 
     schools and child care programs under the jurisdiction of 
     those local educational agencies, and qualified nonprofit 
     organizations'' before ``in voluntary'';
       (II) by striking the period at the end and inserting ``; 
     and'';
       (III) by striking ``grants available to States'' and 
     inserting the following: ``grants available to--

       ``(i) States''; and

       (IV) by adding at the end the following:

       ``(ii) tribal consortia to assist tribal education agencies 
     (as defined in section 3 of the National Environmental 
     Education Act (20 U.S.C. 5502)) in voluntary testing for lead 
     contamination in drinking water at schools and child care 
     programs under the jurisdiction of the tribal education 
     agency.'';
       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``or'' at the end;
       (II) in clause (ii), by striking the period at the end and 
     inserting a semicolon; and
       (III) by adding at the end the following:

       ``(iii) any public water system that is located in a State 
     that does not participate in the voluntary grant program 
     established under subparagraph (A) that--

       ``(I) assists schools or child care programs in lead 
     testing; or
       ``(II) provides technical assistance to schools or child 
     care programs in carrying out lead testing; or

       ``(iv) a qualified nonprofit organization, as determined by 
     the Administrator.'';
       (B) in paragraphs (3), (5), (6), and (7), by striking 
     ``State or local educational agency'' each place it appears 
     and inserting ``State, local educational agency, public water 
     system, tribal consortium, or qualified nonprofit 
     organization'';
       (C) in paragraph (4), by striking ``States and local 
     educational agencies'' and inserting ``States, local 
     educational agencies, public water systems, tribal consortia, 
     and qualified nonprofit organizations'';
       (D) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, public water system, tribal consortium, or qualified 
     nonprofit organization'' after ``each local educational 
     agency'';
       (ii) in subparagraph (A)(ii), by inserting ``or tribal'' 
     after ``applicable State''; and
       (iii) in subparagraph (B)(i), by inserting ``applicable'' 
     before ``local educational agency''; and
       (E) in paragraph (8), by striking ``2020 and 2021'' and 
     inserting ``2021 through 2023''.

     SEC. 5419. INDIAN RESERVATION DRINKING WATER PROGRAM.

       Section 2001 of the America's Water Infrastructure Act of 
     2018 (42 U.S.C. 300j-3c note; Public Law 115-270) is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Subject to the availability of appropriations, the 
     Administrator of the Environmental Protection Agency'' and 
     inserting ``The Administrator of the Environmental Protection 
     Agency (referred to in this section as the 
     `Administrator')''; and
       (B) by striking ``to implement'' in the matter preceding 
     paragraph (1) and all that follows through the period at the 
     end of paragraph (2) and inserting ``to implement eligible 
     projects described in subsection (b).'';
       (2) by redesignating subsection (d) as subsection (e);
       (3) by inserting after subsection (c) the following:
       ``(d) Federal Share.--The Federal share of the cost of a 
     project carried out under this section shall be 100 
     percent.''; and
       (4) in subsection (e) (as so redesignated)--
       (A) by striking ``There is'' and inserting ``There are'';
       (B) by striking ``subsection (a) $20,000,000'' and 
     inserting the following: ``subsection (a)--
       ``(1) $20,000,000'';
       (C) in paragraph (1) (as so designated), by striking 
     ``2022'' and inserting ``2020''; and
       (D) by adding at the end the following:
       ``(2) $50,000,000 for each of fiscal years 2021 through 
     2023.''.

     SEC. 5420. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.

       Section 4304 of the America's Water Infrastructure Act of 
     2018 (42 U.S.C. 300j-19e) is amended--
       (1) in subsection (a)(3)(B), by inserting ``and public 
     works departments and agencies'' after ``organizations'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``institutions--'' and inserting ``institutions, or public 
     works departments and agencies--''; and
       (ii) in subparagraph (A)(ii), by inserting ``for entities 
     that are not public works departments and agencies,'' before 
     ``working'';
       (B) in paragraph (4)--
       (i) by striking ``There is'' and inserting the following:
       ``(A) In general.--There is'';
       (ii) in subparagraph (A) (as so designated), by striking 
     ``$1,000,000 for each of fiscal years 2019 and 2020'' and 
     inserting ``$100,000,000 for each of fiscal years 2021 
     through 2023''; and
       (iii) by adding at the end the following:
       ``(B) Sense of the senate.--It is the sense of the Senate 
     that, of the funds made available under subparagraph (A) each 
     fiscal year, not less than 40 percent should be used to 
     provide grants that would serve--
       ``(i) low-income individuals; and
       ``(ii) underserved communities (as defined in section 1459A 
     of the Safe Drinking Water Act (42 U.S.C. 300j-19a(a))).'';
       (3) by redesignating subsections (a) and (b) as subsections 
     (b) and (c), respectively; and
       (4) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definition of Public Works Department or Agency.--In 
     this section, the term `public works department or agency' 
     means a political subdivision of a local, county, or regional 
     government that designs, builds, operates, and maintains 
     water infrastructure, sewage and refuse disposal systems, and 
     other public water systems and facilities.''.

     SEC. 5421. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.

       (a) Analysis.--Not later than 1 year after the date of 
     enactment of this Act, using environmental justice data of 
     the Environmental Protection Agency, including data from the 
     environmental justice mapping and screen tool of the 
     Environmental Protection Agency, the Administrator of the 
     Environmental Protection Agency (referred to in this section 
     as the ``Administrator'') shall carry out an analysis under 
     which the Administrator shall assess the programs under title 
     VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
     et seq.) and section 1452 of the Safe Drinking Water Act (42 
     U.S.C. 300j-12) to identify historical distributions of funds 
     to small and disadvantaged communities and new opportunities 
     and methods to improve on the distribution of funds under 
     those programs to low-income communities, rural communities, 
     minority communities, and communities of indigenous peoples, 
     in accordance with Executive Order 12898 (42 U.S.C. 4321 
     note; 60 Fed. Reg. 6381; relating to Federal actions to 
     address environmental justice in minority populations and 
     low-income populations)).
       (b) Report.--On completion of the analysis under subsection 
     (a), the Administrator shall

[[Page S7785]]

     submit to the Committee on Environment and Public Works of 
     the Senate and the Committees on Energy and Commerce and 
     Transportation and Infrastructure of the House of 
     Representatives a report describing--
       (1) the results of the analysis; and
       (2) the criteria the Administrator used in carrying out the 
     analysis.

     SEC. 5422. MAPPING AND SCREENING TOOL.

       The Administrator of the Environmental Protection Agency 
     shall continue to update, on an annual basis, and make 
     available to the public EJSCREEN or an equivalent 
     environmental justice mapping and screening tool, which shall 
     include information on public water systems (as defined in 
     section 1401 of the Safe Drinking Water Act (42 U.S.C. 
     300f)), self-supplied communities (such as State and small 
     and domestic well communities), the presence of toxic water 
     at the household and system level, and water affordability.

     SEC. 5423. EMERGENCY HOUSEHOLD WATER AND WASTEWATER 
                   ASSISTANCE PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     described in section 1135(g)(1)(B)(i) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)(1)(B)(i)).
       (3) Eligible household.--The term ``eligible household'' 
     means--
       (A) a household that--
       (i) is economically affected by the COVID-19 public health 
     emergency;
       (ii) has applied for and been deemed eligible for 
     assistance under this section; or
       (B) a low-income household, as determined by an eligible 
     utility under subsection (h), that has applied for and been 
     deemed eligible for assistance under this section.
       (4) Eligible utility.--The term ``eligible utility'' means 
     an owner or operator of--
       (A) a community water system (as defined in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f)); or
       (B) a treatment works (as defined in section 212 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1292)) for 
     municipal waste.
       (5) Emergency period.--The term ``emergency period'' means 
     the emergency period described in section 1135(g)(1)(B) of 
     the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
       (6) Granting entity.--The term ``granting entity'' means--
       (A) with respect to a grant to an eligible utility under 
     subsection (b)(2), the Administrator; and
       (B) with respect to a grant to an eligible utility pursuant 
     to subsection (c)(1), the State or Indian Tribe making the 
     grant, as applicable.
       (7) Indian tribe.--The term ``Indian Tribe'' means any 
     Indian Tribe, band, group, or community recognized by the 
     Secretary of the Interior and exercising governmental 
     authority over a Federal Indian reservation.
       (8) Municipality.--The term ``municipality'' has the 
     meaning given the term in section 502 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362).
       (9) State.--The term ``State'' means--
       (A) each of the several States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) the United States Virgin Islands;
       (E) Guam;
       (F) American Samoa; and
       (G) the Commonwealth of the Northern Mariana Islands.
       (b) Establishment.--The Administrator shall establish an 
     emergency household water and wastewater assistance program 
     under which the Administrator shall--
       (1) not later than 45 days after the date of enactment of 
     this Act and during each of fiscal years 2022 and 2023, make 
     grants to States and Indian Tribes; and
       (2) make grants to eligible utilities.
       (c) Use of Funds.--
       (1) Grants to states and indian tribes.--A State or Indian 
     Tribe receiving a grant under subsection (b)(1) shall use the 
     funds received under the grant to make grants to eligible 
     utilities.
       (2) Grants to eligible utilities.--An eligible utility 
     receiving a grant from a State or Indian Tribe under 
     paragraph (1) or receiving a grant from the Administrator 
     under subsection (b)(2) shall use the amounts received under 
     the grant--
       (A) to provide rate assistance to eligible households;
       (B) for ongoing operation and maintenance activities 
     affected by a loss of revenue from eligible households; and
       (C) to the extent practicable with any funds remaining 
     after carrying out subparagraphs (A) and (B), to cancel water 
     debts for eligible households that accrued during the 5-year 
     period ending on the date that is the first day of the 
     emergency period.
       (d) Applications.--Each eligible utility seeking to receive 
     a grant under or pursuant to this section shall submit an 
     application to the Administrator, State, or Indian Tribe, as 
     applicable, at such time, in such manner, and containing such 
     information as the Administrator shall require.
       (e) Conditions.--
       (1) Minimum requirements.--An eligible utility that 
     receives a grant under or pursuant to this section shall--
       (A) certify to the granting entity that it has conducted 
     outreach activities designed to ensure that eligible 
     households are made aware of the assistance available 
     pursuant to this section, including by partnering with 
     nonprofit organizations that serve low-income households;
       (B) identify and submit to the granting entity a report 
     describing--
       (i) how many eligible households were identified;
       (ii) the level of subsidy needed to provide assistance to 
     all of the eligible households described in clause (i); and
       (iii) how the granted funds were used to benefit eligible 
     households; and
       (C) establish procedures--
       (i) to notify each eligible household receiving assistance 
     pursuant to this section of the amount of that assistance; 
     and
       (ii) to ensure that the eligible utility charges an 
     eligible household, in the normal billing process not more 
     than the difference between--

       (I) the actual cost of the drinking water or wastewater 
     service provided to the eligible household; and
       (II) the amount of the assistance provided.

       (2) Continuity of water and wastewater services.--An 
     eligible utility that receives a grant under or pursuant to 
     this section shall ensure that--
       (A) no service provided by the eligible utility to an 
     individual or household is disconnected or interrupted during 
     the COVID-19 public health emergency due to nonpayment; and
       (B) during the emergency period and the 1-year period 
     beginning on the day after the date on which the emergency 
     period terminates, no eligible household is charged--
       (i) a late fee for an unpaid bill for service provided by 
     the eligible utility; or
       (ii) a reconnection fee for a shutoff that occurred during 
     the emergency period.
       (3) Household documentation requirements.--An eligible 
     utility that receives a grant under or pursuant to this 
     section shall--
       (A) to the maximum extent practicable, seek to limit the 
     income history documentation requirements for determining 
     whether a household is considered to be economically affected 
     by the COVID-19 public health emergency or a low-income 
     household for the purposes of this section; and
       (B) for the purposes of income eligibility, accept proof of 
     job loss or severe income loss dated after February 29, 2020, 
     such as a layoff or furlough notice or verification of 
     application for unemployment benefits, as sufficient to 
     demonstrate lack of income for an individual or household.
       (f) Audits.--The Administrator shall require each State, 
     Indian Tribe, and eligible utility receiving a grant under or 
     pursuant to this section to undertake periodic audits and 
     evaluations of expenditures made by the State, Indian Tribe, 
     or eligible utility, as applicable, pursuant to this section.
       (g) Guidelines.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator shall issue 
     guidelines for complying with the requirements of this 
     section, including guidelines for--
       (A) identifying households that are--
       (i) economically affected by the COVID-19 public health 
     emergency; or
       (ii) low-income households; and
       (B) conducting any required audits and evaluations.
       (2) Consultation.--In issuing guidelines under paragraph 
     (1), the Administrator shall consult with the Secretary of 
     Health and Human Services, other Federal agencies with 
     experience in administering Federal rate assistance programs 
     for low-income households, States, Indian Tribes, eligible 
     utilities, and nonprofit organizations that serve low-income 
     households.
       (h) Determination of Low-income Households.--In determining 
     whether a household is considered to be a low-income 
     household for the purposes of receiving assistance pursuant 
     to this section, an eligible utility--
       (1) shall ensure that, at a minimum, all households within 
     150 percent of the Federal poverty line are included as low-
     income households; and
       (2) may include other households, including households in 
     which 1 or more individuals are receiving--
       (A) assistance under the program of block grants to States 
     for temporary assistance for needy families established under 
     part A of title IV of the Social Security Act (42 U.S.C. 601 
     et seq.);
       (B) payments under the supplemental security income program 
     established under title XVI of the Social Security Act (42 
     U.S.C. 1381 et seq.);
       (C) assistance under the supplemental nutrition assistance 
     program established under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.); or
       (D) payments under--
       (i) section 1315, 1521, 1541, or 1542 of title 38, United 
     States Code; or
       (ii) section 306 of the Veterans' and Survivors' Pension 
     Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95-
     588).
       (i) Submissions to Congress.--The Administrator shall 
     submit to the Committees on Appropriations, Energy and 
     Commerce, and Transportation and Infrastructure of the House 
     of Representatives and the Committees on Appropriations and 
     Environment and Public Works of the Senate--
       (1) on the date on which the Administrator makes grants 
     under subsection (b)(1), a report indicating the amounts 
     granted to each State and Indian Tribe;
       (2) on the issuance of guidelines under subsection (g), a 
     copy of the guidelines;

[[Page S7786]]

       (3) not later than 180 days after the date of enactment of 
     this Act, and every other month thereafter during each fiscal 
     year for which funding for this section is provided, a report 
     listing--
       (A) each eligible utility that received a grant under or 
     pursuant to this section;
       (B) the amount of the grant; and
       (C) how the granted funds were used; and
       (4) not later than 1 year after the date of enactment of 
     this Act, and on final disbursement of all funds appropriated 
     pursuant to this section, a report on the results of 
     activities carried out pursuant to this section.
       (j) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section, to remain available until expended--
       (A) $2,000,000,000 for fiscal year 2021; and
       (B) $1,500,000,000 for each of fiscal years 2022 and 2023.
       (2) Allocation of funds.--
       (A) In general.--Of the amounts made available to carry out 
     this section under paragraph (1), the Administrator shall--
       (i) use 1 percent to make grants under subsection (b)(1) to 
     Indian Tribes;
       (ii) use 49 percent to make grants under subsection (b)(1) 
     to States in accordance with subparagraph (B); and
       (iii) with any remaining amounts, make grants to eligible 
     utilities under subsection (b)(2).
       (B) State allotments.--Of the amounts described in 
     subparagraph (A)(ii), the Administrator shall allot--
       (i) 50 percent in accordance with the percentages used by 
     the Administrator to allot amounts appropriated to carry out 
     title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) pursuant to section 205(c)(3) of that 
     Act (33 U.S.C. 1285(c)(3)); and
       (ii) 50 percent in accordance with the formula used by the 
     Administrator to allot funds appropriated to carry out 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12).
       (3) Administrative costs.--The Administrator and any State, 
     Indian Tribe, or eligible utility that receives a grant under 
     or pursuant to this section may use up to 5 percent of the 
     granted amounts for administrative costs.

     SEC. 5424. REQUIREMENT.

       Notwithstanding any other provision of law, of the amounts 
     made available under this chapter or any amendment made by 
     this chapter, the Administrator of the Environmental 
     Protection Agency shall ensure, to the maximum extent 
     practicable, that not less than 12.5 percent is used to 
     support jobs of persons of color or businesses owned by 
     persons of color.

                     CHAPTER 2--CLEAN AIR PROGRAMS

     SEC. 5431. WOOD HEATERS EMISSIONS REDUCTION.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Affected wood heater model.--The term ``affected wood 
     heater model'' means a model of wood heater described in--
       (A) section 60.530(a) of title 40, Code of Federal 
     Regulations (or a successor regulation); and
       (B) subsections (a) and (b) of section 60.5472 of that 
     title.
       (3) Certified clean heater.--The term ``certified clean 
     heater'' means a heater that--
       (A) has been certified or verified by--
       (i) the Administrator; or
       (ii) the California Air Resources Board;
       (B) meets or has emissions below the most stringent Step 2 
     emission reductions standards described in the Final Rule;
       (C) with respect to an affected wood heater model, has a 
     thermal efficiency rating of not less than 65 percent, as 
     certified by the Administrator under the Final Rule; and
       (D) is installed by a licensed or certified professional or 
     verified by the State in which the heater is being installed.
       (4) Final rule.--The term ``Final Rule'' means the final 
     rule entitled ``Standards of Performance for New Residential 
     Wood Heaters, New Residential Hydronic Heaters and Forced-Air 
     Furnaces'' (80 Fed. Reg. 13672 (March 16, 2015)).
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (6) Regional agency.--The term ``regional agency'' means a 
     regional or local government agency--
       (A) with jurisdiction over air quality; or
       (B) that has received approval from the air quality program 
     of the State of the agency to carry out a wood heater 
     emissions reduction and replacement program.
       (7) Replacement of an old wood heater.--The term 
     ``replacement of an old wood heater'' means the replacement 
     of an existing wood heater that--
       (A) does not meet the reductions standards described in 
     paragraph (3)(B);
       (B) is removed from a home or building in which the wood 
     heater was the primary or secondary source of heat; and
       (C) is surrendered to a supplier, retailer, or other 
     entity, as defined by the Administrator, who shall render the 
     existing wood heater inoperable and ensure the existing wood 
     heater is disposed through--
       (i) recycling; or
       (ii) scrappage.
       (8) State.--The term ``State'' means--
       (A) each of the several States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) the United States Virgin Islands;
       (F) American Samoa; and
       (G) the Commonwealth of the Northern Mariana Islands.
       (9) Wood heater.--The term ``wood heater'' means an 
     enclosed, wood-burning appliance capable of and intended for 
     residential space heating or space heating and domestic water 
     heating that is an affected wood heater model, including--
       (A) a residential wood heater;
       (B) a hydronic heater; and
       (C) a forced-air furnace.
       (b) Establishment of Grant Program for Wood Heater 
     Emissions Reductions.--
       (1) In general.--Subject to the availability of 
     appropriations, the Administrator shall establish a grant 
     program that provides funding for grant, rebate, and other 
     programs administered by States, regional agencies, and 
     Indian tribes that are designed--
       (A) to provide financial incentives to homeowners for the 
     replacement of old wood heaters that greatly contribute to 
     particulate pollution with more efficient, cleaner-burning 
     heaters that are--
       (i) properly installed; and
       (ii) certified clean heaters;
       (B) to achieve significant reductions in emissions from 
     wood heaters in terms of pollution produced by wood heaters 
     and wood heater emissions exposure;
       (C) to help homeowners transition to safer and more 
     efficient sources of heat; and
       (D) to support retailers, installers, and manufacturers 
     that sell and make certified clean heaters that are more 
     efficient and cleaner-burning.
       (2) Applications.--The Administrator shall--
       (A) provide to States, regional agencies, and Indian tribes 
     guidance for use in applying for funding under this 
     subsection, including information regarding--
       (i) the process and forms for applications;
       (ii) permissible uses of funds received under this 
     subsection; and
       (iii) the cost-effectiveness of various emission reduction 
     technologies eligible for funds provided under this 
     subsection;
       (B) establish, for applications described in subparagraph 
     (A)--
       (i) an annual deadline for submission of the applications;
       (ii) a process by which the Administrator shall approve or 
     disapprove each application;
       (iii) a simplified application submission process to 
     expedite the provision of funds; and
       (iv) a streamlined process by which a State, regional 
     agency, or Indian tribe may renew an application described in 
     subparagraph (A) for subsequent fiscal years;
       (C) require States or regional agencies applying for 
     funding under this subsection to provide detailed information 
     on how the State or regional agency intends to carry out and 
     verify projects under the wood heater emissions reduction 
     program of the State or regional agency, including--
       (i) a description of the air quality in the State or the 
     area in which the regional agency has jurisdiction;
       (ii) the means by which the project will achieve a 
     significant reduction in wood heater emissions and air 
     pollution, including the estimated quantity of--

       (I) residences that depend on non-certified clean heaters 
     as a primary or secondary source of heat; and
       (II) air pollution produced by wood heaters in the State or 
     the area in which the regional agency has jurisdiction;

       (iii) an estimate of the cost and economic benefits of the 
     proposed project;
       (iv) the means by which the funds will be distributed, 
     including a description of the intended recipients of the 
     funds;
       (v) a description of any efforts to target low-income 
     individuals that own older wood heaters;
       (vi) provisions for the monitoring and verification of the 
     project; and
       (vii) a description of how the program will carry out the 
     replacement of old wood heaters, including--

       (I) how the older units will be removed and placed out of 
     service; and
       (II) how new heaters purchased with funding provided under 
     this subsection will be installed; and

       (D) require Indian tribes applying for funding under this 
     subsection to provide detailed information on how the Indian 
     tribe intends to carry out and verify projects under the wood 
     heater emissions reduction program of the Indian tribe, 
     including--
       (i) the means by which the project will achieve a 
     significant reduction in wood heater emissions;
       (ii) an estimate of the cost and economic benefits of the 
     proposed project;
       (iii) the means by which the funds will be distributed, 
     including a description of the intended recipients of the 
     funds;
       (iv) a description of any efforts to target low-income 
     individuals that own older wood heaters;
       (v) provisions for the monitoring and verification of the 
     project; and
       (vi) a description of how the program will carry out the 
     replacement of old wood heaters, including--

       (I) how the older units will be removed and placed out of 
     service; and
       (II) how new heaters purchased with funding provided under 
     this subsection will be installed.

[[Page S7787]]

       (3) Allocation of funds.--
       (A) In general.--For each fiscal year, the Administrator 
     shall allocate funds made available to carry out this 
     subsection--
       (i) among States, regional agencies, and Indian tribes that 
     submitted an application under this subsection that was 
     approved by the Administrator;
       (ii) of which not less than 4 percent shall be allocated to 
     Indian tribes to perform functions that include--

       (I) addressing subsequent maintenance costs resulting from 
     the installation of wood heaters under this subsection; and
       (II) training qualified installers and technicians; and

       (iii) among different geographic areas and varying 
     population densities.
       (B) Allocation priority.--The Administrator shall provide 
     to each State, regional agency, and Indian tribe described in 
     subparagraph (A) for a fiscal year an allocation of funds, 
     with priority given to States, regional agencies, and Indian 
     tribes that will use the funds to support projects that--
       (i) maximize public health benefits, including indoor and 
     outdoor air quality;
       (ii) are the most cost-effective;
       (iii) target the replacement of wood heaters that emit the 
     most pollution;
       (iv) include certified clean heaters and other heaters that 
     achieve emission reductions and efficiency improvements that 
     are more stringent than the Step 2 emission reductions 
     standards, as described in the Final Rule;
       (v) target low-income households;
       (vi) encourage the recycling of old wood heaters when 
     replacing those heaters; and
       (vii) serve areas that--

       (I) receive a disproportionate quantity of air pollution 
     from wood heaters;
       (II) have a high percentage of residents that use wood as 
     their primary source of heat; or
       (III) are poor air quality areas, including areas 
     identified by the Administrator as--

       (aa) in nonattainment or maintenance of national ambient 
     air quality standards for particulate matter under section 
     109 of the Clean Air Act (42 U.S.C. 7409); or
       (bb) class I areas under section 162(a) of that Act (42 
     U.S.C. 7472(a)).
       (C) Unobligated funds.--Any funds that are not obligated by 
     a State, regional agency, or Indian tribe by a date 
     determined by the Administrator in a fiscal year shall be 
     reallocated pursuant to the priorities described in 
     subparagraph (B).
       (D) State, regional agency, and tribal matching 
     incentive.--
       (i) In general.--Subject to clause (ii), if a State, 
     regional agency, or Indian tribe agrees to match the 
     allocation provided to the State, regional agency, or Indian 
     tribe under subparagraph (A) for a fiscal year, the 
     Administrator shall provide to the State, regional agency, or 
     Indian tribe for the fiscal year a matching incentive 
     consisting of an additional amount equal to 30 percent of the 
     allocation of the State, regional agency, or Indian tribe 
     under subparagraph (A).
       (ii) Requirement.--To receive a matching incentive under 
     clause (i), a State, regional agency, or Indian tribe--

       (I) may not use funds received under this subsection to pay 
     a matching share required under this paragraph; and
       (II) shall not be required to provide a matching share for 
     any additional amount received under that clause.

       (4) Administration.--
       (A) In general.--Subject to subparagraphs (B) and (C), 
     States, regional agencies, and Indian tribes shall use any 
     funds provided under this subsection--
       (i) to develop and implement such programs in the State or 
     in areas under the jurisdiction of the regional agency or 
     Indian tribe as are appropriate to meet the needs and goals 
     of the State, regional agency, or Indian tribe; and
       (ii) to the maximum extent practicable, to use the programs 
     described in clause (i) to give high priority to projects 
     that serve areas described in paragraph (3)(B)(vii).
       (B) Apportionment of funds.--The chief executive officer of 
     a State, regional agency, or Indian tribe that receives 
     funding under this subsection may determine the portion of 
     funds to be provided as grants and the portion to be provided 
     as rebates.
       (C) Use of funds.--A State, regional agency, or Indian 
     tribe shall use funds provided under this subsection for--
       (i) projects to complete the replacement of old wood 
     heaters, including the installation of heaters and training 
     of certified installers of heaters that--

       (I) are at least as efficient and clean-burning as 
     certified clean heaters; and
       (II) meet the purposes described in paragraph (1); and

       (ii) with respect to Indian tribes, the purposes described 
     in paragraph (3)(A)(ii).
       (D) Supplement, not supplant.--Funds made available under 
     this subsection shall be used to supplement, not supplant, 
     funds made available for existing State clean air programs.
       (E) Public notification.--Not later than 60 days after the 
     date on which the Administrator makes funding available under 
     this subsection each fiscal year, the Administrator shall 
     publish on the website of the Environmental Protection 
     Agency--
       (i) the total number of grants awarded and the amounts 
     provided to States, regional agencies, and Indian tribes;
       (ii) a general description of each application of a State, 
     regional agency, or Indian tribe that received funding; and
       (iii) the estimated number of wood heaters that will be 
     replaced using funds made available under this subsection.
       (F) Report.--Not later than 2 years after the date on which 
     funds are first made available under this subsection, and 
     biennially thereafter, the Administrator shall submit to 
     Congress a report evaluating the implementation of the 
     program under this subsection.
       (c) Outreach and Incentives.--The Administrator shall 
     establish a program under which the Administrator shall--
       (1) inform stakeholders of the benefits of replacing wood 
     heaters that do not meet the Step 2 emission reductions 
     standards described in the Final Rule;
       (2) develop nonfinancial incentives to promote the proper 
     installation and use of certified clean heaters; and
       (3) consult with Indian tribes to carry out the purposes of 
     this section.
       (d) Supplemental Environmental Projects.--
       (1) EPA authority to accept wood heater emissions reduction 
     supplemental environmental projects.--Section 1 of Public Law 
     110-255 (42 U.S.C. 16138) is amended--
       (A) in the heading, by inserting ``and wood heater'' after 
     ``diesel''; and
       (B) in the matter preceding paragraph (1), by inserting 
     ``and wood heater'' after ``diesel''.
       (2) Settlement agreement provisions.--Section 2 of Public 
     Law 110-255 (42 U.S.C. 16139) is amended in the first 
     sentence--
       (A) by inserting ``or wood heater'' after ``diesel'' each 
     place it appears;
       (B) by inserting ``, as applicable,'' before ``if the 
     Administrator''; and
       (C) by inserting ``, as applicable'' before the period at 
     the end.
       (e) Funding.--
       (1) Mandatory funding.--
       (A) In general.--On October 1, 2020, or as soon as 
     practicable thereafter, and on each October 1 thereafter 
     through October 1, 2022, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Administrator to carry out this section 
     $75,000,000 for the applicable fiscal year, to remain 
     available until expended.
       (B) Receipt and acceptance.--The Administrator shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subparagraph (A), 
     without further appropriation.
       (2) Authorization of appropriations.--In addition to the 
     amounts made available under paragraph (1), there is 
     authorized to be appropriated to carry out this section 
     $75,000,000 for each of fiscal years 2021 through 2023, to 
     remain available until expended.
       (3) Management and oversight.--The Administrator may use 
     not more than 1 percent of the amounts made available under 
     this subsection for each fiscal year for management and 
     oversight of the programs under this section.

     SEC. 5432. DIESEL EMISSIONS REDUCTION PROGRAM.

       (a) Mandatory Funding.--
       (1) In general.--On October 1, 2021, or as soon as 
     practicable thereafter, and on each October 1 thereafter 
     through October 1, 2023, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Administrator of the Environmental Protection 
     Agency to carry out subtitle G of title VII of the Energy 
     Policy Act of 2005 (42 U.S.C. 16131 et seq.) $300,000,000 for 
     the applicable fiscal year, to remain available until 
     expended.
       (2) Receipt and acceptance.--The Administrator of the 
     Environmental Protection Agency shall be entitled to receive, 
     shall accept, and shall use to carry out subtitle G of title 
     VII of the Energy Policy Act of 2005 (42 U.S.C. 16131 et 
     seq.) the funds transferred under paragraph (1), without 
     further appropriation.
       (3) Requirement.--Of the funds transferred under paragraph 
     (1) in each fiscal year, not more than $150,000,000 may be 
     used to provide assistance under subtitle G of title VII of 
     the Energy Policy Act of 2005 (42 U.S.C. 16131 et seq.) to 
     port authorities with jurisdiction over transportation or air 
     quality.
       (b) Cost-share for Zero Tailpipe Emission Vehicle.--
     Notwithstanding subtitle G of title VII of the Energy Policy 
     Act of 2005 (42 U.S.C. 16131 et seq.), the Federal share of 
     the purchase of a zero tailpipe emission vehicle using 
     amounts made available under subsection (a) shall be 100 
     percent.

     SEC. 5433. PROTECTION OF THE MERCURY AND AIR TOXICS 
                   STANDARDS.

       Section 112(n)(1)(A) of the Clean Air Act (42 U.S.C. 
     7412(n)(1)(A)) is amended, in the fourth sentence, by 
     striking ``, if the Administrator'' and all that follows 
     through ``this subparagraph''.

     SEC. 5434. NET ZERO EMISSIONS AT PORT FACILITIES PROGRAM.

       (a) Establishment of Program.--
       (1) In general.--The Administrator of the Federal Highway 
     Administration (referred to in this section as the 
     ``Administrator'') shall establish a program to reduce 
     emissions at port facilities, under which the Administrator 
     shall--
       (A) study how ports and intermodal port transfer facilities 
     would benefit from increased opportunities to reduce 
     emissions at ports, including through the electrification of 
     port operations;
       (B) study emerging technologies and strategies that may 
     help reduce port-related emissions by implementing shore 
     power

[[Page S7788]]

     technology and other net zero emissions technology, including 
     equipment that handles cargo, port harbor craft, drayage 
     trucks, charging and fueling infrastructure, and electric 
     truck refrigeration units; and
       (C) coordinate and provide funding to test, evaluate, and 
     deploy projects that reduce port-related emissions, including 
     shore power technology and net zero emissions port equipment 
     and technology, such as equipment that handles cargo, port 
     harbor craft, drayage trucks, charging and fueling 
     infrastructure, electric truck refrigeration units, and other 
     technology the Administrator determines to be appropriate.
       (2) Consultation.--In carrying out the program under this 
     subsection, the Administrator may consult with the Secretary 
     of Energy and the Administrator of the Environmental 
     Protection Agency.
       (b) Grants.--
       (1) In general.--In carrying out subsection (a)(1)(C), the 
     Administrator shall award grants to fund projects that reduce 
     emissions at ports, including through the advancement of port 
     electrification.
       (2) Cost share.--A grant awarded under paragraph (1) shall 
     not exceed 80 percent of the total cost of the project funded 
     by the grant.
       (3) Coordination.--In carrying out the grant program under 
     this subsection, the Administrator shall--
       (A) to the maximum extent practicable, leverage existing 
     resources and programs of the Federal Highway Administration 
     and other relevant Federal agencies; and
       (B) coordinate with other Federal agencies, as the 
     Administrator determines to be appropriate.
       (4) Application; selection; priority.--
       (A) Application.--The Administrator shall solicit 
     applications for grants under paragraph (1) at such time, in 
     such manner, and containing such information as the 
     Administrator determines to be necessary.
       (B) Selection.--The Secretary shall make grants under 
     paragraph (1) by not later than April 1 of each fiscal year 
     for which funding is made available.
       (C) Priority.--In making grants for projects under 
     paragraph (1), the Administrator shall give priority to 
     projects that reduce--
       (i) greenhouse gas emissions;
       (ii) emissions of any criteria air pollutant and any 
     precursor of the criteria air pollutant;
       (iii) hazardous air pollutant emissions; and
       (iv) public health disparities in communities that receive 
     a disproportionate quantity of air pollution from a port.
       (5) Requirement.--Notwithstanding any other provision of 
     law, any project funded by a grant under this subsection 
     shall be treated as a project on a Federal-aid highway under 
     chapter 1 of title 23, United States Code.
       (c) Report.--Not later than 1 year after the date on which 
     all of the projects funded with a grant under subsection (b) 
     are completed, the Administrator shall submit to Congress a 
     report that includes--
       (1) the findings of the studies described in subparagraphs 
     (A) and (B) of subsection (a)(1);
       (2) the results of the projects that received a grant under 
     subsection (b);
       (3) any recommendations for workforce development and 
     training opportunities with respect to port electrification; 
     and
       (4) any policy recommendations based on the findings and 
     results described in paragraphs (1) and (2).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program established under 
     subsection (a)(1) $250,000,000 for each of fiscal years 2021 
     through 2023.

                   CHAPTER 3--HEALTHY TRANSPORTATION

     SEC. 5441. RESTORING NEIGHBORHOODS AND STRENGTHENING 
                   COMMUNITIES PROGRAM.

       (a) Definitions.--In this section:
       (1) Capital construction grant.--The term ``capital 
     construction grant'' means a capital construction grant under 
     subsection (f).
       (2) Community engagement, education, and capacity building 
     grant.--The term ``community engagement, education, and 
     capacity building grant'' means a community engagement, 
     education, and capacity building grant under subsection (d).
       (3) Community of color.--The term ``community of color'' 
     means, in a State, a census block group for which the 
     aggregate percentage of residents who identify as Black, 
     African-American, American Indian, Alaska Native, Native 
     Hawaiian, Asian, Pacific Islander, Hispanic, Latino, other 
     nonwhite race, or linguistically isolated is--
       (A) not less than 50 percent; or
       (B) significantly higher than the State average.
       (4) Infrastructural barrier.--The term ``infrastructural 
     barrier'' means a highway (including a limited access 
     highway), a railway, a viaduct, a principal arterial 
     facility, or any other transportation facility for which the 
     high speeds, grade separation, or other design factors create 
     an obstacle to connectivity, including--
       (A) obstacles to walking, biking, and mobility;
       (B) diminished access to destinations across the 
     infrastructural barrier; or
       (C) barriers to the economic development of the surrounding 
     neighborhood.
       (5) Low-income community.--The term ``low-income 
     community'' means a census block group in which not less than 
     30 percent of the population lives below the poverty line (as 
     defined in section 673 of the Community Services Block Grant 
     Act (42 U.S.C. 9902)).
       (6) Planning and feasibility study grant.--The term 
     ``planning and feasibility study grant'' means a planning and 
     feasibility study grant under subsection (e).
       (7) Program.--The term ``program'' means the program 
     established under subsection (b).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (9) Tribal government.--The term ``Tribal government'' 
     means the recognized governing body of any Indian or Alaska 
     Native tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, individually 
     identified (including parenthetically) in the list published 
     most recently as of the date of enactment of this Act 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a program to 
     help communities--
       (A) identify infrastructural barriers within the community 
     that--
       (i) create obstacles to mobility or economic development; 
     or
       (ii) expose the community to high levels of particulate 
     matter, noise pollution, and other public health and safety 
     risks;
       (B) study the feasibility of improving, and develop plans 
     to improve, community connectivity, including through--
       (i) removal or retrofit of an infrastructural barrier; or
       (ii) construction of facilities to mitigate the obstacle 
     created by the infrastructural barrier by enhancing 
     connectivity across the infrastructural barrier;
       (C) plan the redevelopment of any land made available by 
     the removal or retrofit of the infrastructural barrier, with 
     a focus on improvements that will benefit the populations 
     impacted by or previously displaced by the infrastructural 
     barrier;
       (D) access funding to carry out the activities described in 
     subparagraphs (B) and (C); and
       (E) require the equity of any activities carried out under 
     the program, including by garnering community engagement, 
     avoiding displacement, and ensuring local participation in 
     jobs created through those activities.
       (2) Types of grants.--Under the program, the Secretary 
     shall award the following types of grants:
       (A) Community engagement, education, and capacity building 
     grants.
       (B) Planning and feasibility study grants.
       (C) Capital construction grants.
       (3) Multiple grants permitted.--An eligible entity may 
     apply for and receive funding from more than 1 type of grant 
     described in paragraph (2).
       (c) Requirement for Project Selection.--To receive a grant 
     under the program, a project shall provide the majority of 
     project benefits to 1 or more communities of color or low-
     income communities.
       (d) Community Engagement, Education, and Capacity Building 
     Grants.--
       (1) Eligible entities.--The Secretary may award a community 
     engagement, education, and capacity building grant to carry 
     out community engagement, education, and capacity building 
     activities described in paragraph (2) to--
       (A) a unit of local government;
       (B) a Tribal government;
       (C) a metropolitan planning organization; and
       (D) a nonprofit organization.
       (2) Eligible activities.--A community engagement and 
     capacity building activity referred to in paragraph (1) 
     includes an activity--
       (A) to educate community members about opportunities to 
     affect transportation and economic development planning and 
     investment decisions;
       (B) to build organizational or community capacity to engage 
     in transportation and economic development planning;
       (C) to identify community needs and desires for community 
     improvements;
       (D) to develop community-driven solutions to local 
     challenges;
       (E) to conduct assessments of equity, mobility and access, 
     environmental justice, affordability, economic opportunity, 
     health outcomes, and other local goals;
       (F) to form a Community Advisory Board in accordance with 
     subsection (g); and
       (G) to engage community members in scenario planning.
       (3) Federal share.--The Federal share of the cost of an 
     activity carried out with funds from a community engagement, 
     education, and capacity building grant may be up to 100 
     percent, at the discretion of the eligible entity.
       (e) Planning and Feasibility Study Grants.--
       (1) Eligible entities.--
       (A) In general.--The Secretary may award a planning and 
     feasibility study grant to carry out planning activities 
     described in paragraph (2) to--
       (i) a State;
       (ii) a unit of local government;
       (iii) a Tribal government;
       (iv) a metropolitan planning organization; and
       (v) a nonprofit organization.
       (B) Partnerships.--In the case of an eligible entity that 
     is not the owner of the infrastructural barrier that is the 
     subject of

[[Page S7789]]

     the planning and feasibility study grant, the eligible entity 
     shall demonstrate the existence of a partnership with the 
     owner of the infrastructural barrier.
       (2) Eligible activities.--A planning activity referred to 
     in paragraph (1)(A) includes--
       (A) development of designs and artistic renderings to 
     facilitate community engagement;
       (B) traffic studies, nonmotorized accessibility analyses, 
     equity needs analyses, and collection of other relevant data;
       (C) planning studies to evaluate the feasibility of 
     removing or retrofitting an infrastructural barrier, or the 
     construction of facilities to mitigate the obstacle created 
     by the infrastructural barrier by enhancing connectivity 
     across the infrastructural barrier;
       (D) public engagement activities to provide opportunities 
     for public input into a plan to remove, convert, or mitigate 
     an infrastructural barrier;
       (E) environmental review, consultation, or other action 
     required under any Federal environmental law relating to the 
     review or approval of a project to remove, retrofit, or 
     mitigate an existing infrastructural barrier;
       (F) establishment of a community land trust for the 
     development and use of real estate created by the removal or 
     capping of an infrastructural barrier; and
       (G) other transportation planning activities required in 
     advance of a project to remove, retrofit or mitigate an 
     existing infrastructural barrier, as determined by the 
     Secretary.
       (3) Federal share.--The Federal share of the cost of an 
     activity carried out with funds from a planning and 
     feasibility study grant shall be not more than 80 percent.
       (f) Capital Construction Grants.--
       (1) Eligible entities.--The Secretary may award a capital 
     construction grant to the owner of an infrastructural barrier 
     to carry out a project described in paragraph (3) for which 
     all necessary feasibility studies and other planning 
     activities have been completed.
       (2) Partnerships.--For the purpose of submitting an 
     application for a capital construction grant, an owner of an 
     infrastructural barrier may, if applicable, partner with--
       (A) a State;
       (B) a unit of local government;
       (C) a Tribal government;
       (D) a metropolitan planning organization; or
       (E) a nonprofit organization.
       (3) Eligible projects.--
       (A) In general.--A project eligible to be carried out with 
     a capital construction grant includes--
       (i) the removal of an infrastructural barrier;
       (ii) the retrofit of an infrastructural barrier in a way 
     that enhances community connectivity and is sensitive to the 
     context of the surrounding community, including retrofits to 
     a highway to cap the facility or replace the facility with an 
     at-grade arterial roadway;
       (iii) the construction of facilities that improve 
     connectivity across the infrastructural barrier;
       (iv) the replacement of an infrastructural barrier with a 
     new use or facility that has been identified by members of 
     the community; and
       (v) the construction of other transportation improvements 
     that address the mobility needs of the community.
       (B) Exclusion.--Funds from a capital construction grant 
     shall not be used on a project that increases net capacity 
     for vehicular travel.
       (4) Priority for capital construction grants.--In selecting 
     eligible entities to receive a capital construction grant, 
     the Secretary shall give priority to an eligible entity 
     that--
       (A) has entered into a community benefits agreement with 
     representatives of the community;
       (B) serves a community in which an anti-displacement policy 
     or a community land trust is in effect;
       (C) has formed a Community Advisory Board under subsection 
     (g); or
       (D) has demonstrated a plan for--
       (i) employing residents in the area impacted by the 
     activity or project through targeted hiring programs; and
       (ii) contracting and subcontracting with disadvantaged 
     business enterprises.
       (5) Requirement.--In order to receive a capital 
     construction grant, the owner of the infrastructural barrier 
     shall demonstrate that the project is supported by the 
     community in the immediate vicinity of the project.
       (6) Federal share.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the cost of a project carried out with a 
     capital construction grant may be not more than 80 percent.
       (B) Maximum federal involvement.--Federal assistance other 
     than a capital construction grant may be used to satisfy the 
     non-Federal share of the cost of a project for which the 
     grant is awarded.
       (g) Community Advisory Board.--
       (1) In general.--To help achieve inclusive economic 
     development benefits, an eligible entity may form a community 
     advisory board, which shall--
       (A) facilitate community engagement with respect to the 
     activity or project proposed to be carried out; and
       (B) track progress with respect to commitments of the 
     eligible entity to inclusive employment, contracting, and 
     economic development under the activity or project.
       (2) Membership.--If an eligible entity forms a community 
     advisory board under paragraph (1), the community advisory 
     board shall be composed of representatives of--
       (A) the community;
       (B) owners of businesses that serve the community;
       (C) labor organizations that represent workers that serve 
     the community; and
       (D) State and local government.
       (h) Administrative Costs.--For each fiscal year, the 
     Secretary may use not more than 2 percent of the amounts made 
     available for the program for the costs of administering the 
     program.
       (i) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that--
       (1) assesses the impacts and benefits of highway removals 
     on congestion, mobility, and safety in the project vicinity, 
     and the extent to which those impacts differ from projected 
     impacts;
       (2) includes recommendations for how traffic forecasting 
     should--
       (A) consider nonmotorized travel demand; and
       (B) track and be updated in response to observed travel 
     behavior responses to changes in transportation capacity and 
     land use; and
       (3) includes recommendations for how environmental reviews 
     for projects funded under the Federal-aid highway program 
     should consider, identify, and quantify, during project 
     development, any diminished access, including nonmotorized 
     access, that will result from the project.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program $2,000,000,000 
     for each of fiscal years 2021 through 2025.

     SEC. 5442. SAFER HEALTHIER STREETS PROGRAM.

       (a) Definitions.--In this section:
       (1) Community of color.--The term ``community of color'' 
     means, in a State, a census block group for which the 
     aggregate percentage of residents who identify as Black, 
     African-American, American Indian, Alaska Native, Native 
     Hawaiian, Asian, Pacific Islander, Hispanic, Latino, other 
     nonwhite race, or linguistically isolated is--
       (A) not less than 50 percent; or
       (B) significantly higher than the State average.
       (2) Low-income community.--The term ``low-income 
     community'' means a census block group in which not less than 
     30 percent of the population lives below the poverty line (as 
     defined in section 673 of the Community Services Block Grant 
     Act (42 U.S.C. 9902)).
       (3) Mobility grant.--The term ``mobility grant'' means a 
     grant provided under subsection (f)(2).
       (4) Program.--The term ``program'' means the Safer 
     Healthier Streets program established under subsection (b).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (6) Tree canopy grant.--The term ``tree canopy grant'' 
     means a grant provided under subsection (f)(1).
       (7) Tribal government.--The term ``Tribal government'' 
     means the recognized governing body of any Indian or Alaska 
     Native tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, individually 
     identified (including parenthetically) in the list published 
     most recently as of the date of enactment of this Act 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).
       (8) Urbanized area.--The term ``urbanized area'' has the 
     meaning given the term in section 101(a) of title 23, United 
     States Code.
       (b) Establishment.--The Secretary shall establish a 
     discretionary grant program, to be known as the ``Safer 
     Healthier Streets program'', to provide to eligible 
     entities--
       (1) tree canopy grants; and
       (2) mobility grants.
       (c) Goals.--The goals of the program are to improve overall 
     health outcomes, to reduce racial and ethnic health 
     disparities, and to support local economic development, 
     including--
       (1) with respect to tree canopy grants--
       (A) to improve access to green space for low-income 
     communities and communities of color;
       (B) to improve the equity of tree cover within an urbanized 
     area;
       (C) to provide traffic calming and reduce the incidence of 
     speeding;
       (D) to provide for improvements in air quality;
       (E) to reduce--
       (i) the extent of impervious surfaces;
       (ii) polluting stormwater runoff; and
       (iii) flood risks;
       (F) to provide shade benefits on pedestrian walkways, 
     bicycle lanes, and shared-use paths, and at public 
     transportation stops; and
       (G) to mitigate urban heat islands; and
       (2) with respect to mobility grants--
       (A) to improve access to safe and convenient walking and 
     bicycling facilities for low-income communities and 
     communities of color;

[[Page S7790]]

       (B) to construct new pedestrian walkways, bicycle lanes, 
     and shared-use paths;
       (C) to maintain or improve the condition of pedestrian 
     walkways, bicycle lanes, and shared-use paths;
       (D) to create and expand networks of safe pedestrian 
     walkways, bicycle lanes, and shared-use paths, including 
     through connectivity improvements between existing non-
     motorized assets;
       (E) to expand safe walking and biking access to public 
     transportation facilities;
       (F) to construct safe and convenient roadway crossings for 
     pedestrians and bicyclists; and
       (G) to improve safe and convenient pedestrian access for 
     pedestrians and bicyclists to destinations throughout an 
     urbanized area, including access to jobs, housing, 
     healthcare, schools, and retail.
       (d) Eligible Entities.--An entity eligible to participate 
     in the program is--
       (1) a State, regional, Tribal, or local government or 
     agency, including a transit agency, that owns or has 
     responsibility for the public streets, pedestrian walkways, 
     bicycle lanes, shared-use paths, or other public facility for 
     which funding is sought;
       (2) a public, private, or nonprofit corporation that owns 
     or has responsibility for the public streets or pedestrian 
     walkways, bicycle lanes, shared-use paths, or other public 
     facility for which funding is sought; and
       (3) a nonprofit organization working in coordination with 
     an entity described in paragraph (1) or (2).
       (e) Application.--To be eligible to receive a grant under 
     the program, an eligible entity shall submit to the Secretary 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require, including a 
     description of--
       (1) how the eligible entity would use the funds from the 
     grant; and
       (2) the contribution that the projects carried out with 
     funds from the grant would make to improving the safety, 
     health outcomes, and quality of life in low-income 
     communities and communities of color.
       (f) Types of Grants.--
       (1) Tree canopy grants.--A tree canopy grant shall be used 
     for 1 or more of the following activities:
       (A) Conducting a comprehensive canopy assessment, which 
     shall--
       (i) assess the current tree locations and canopy, 
     including--

       (I) an inventory of the location, species, condition, and 
     health of existing tree canopies and trees on public 
     facilities;
       (II) an identification of the locations where trees need to 
     be replaced; and
       (III) an identification of empty tree boxes or other 
     additional locations where trees could be added;

       (ii) be conducted through on-the-ground inventory and 
     assessment, in conjunction with additional tools such as 
     light detection and ranging (commonly known as ``LiDAR''), 
     satellite imagery, or other internet-based tools; and
       (iii) include a tree canopy needs and equity analysis, 
     including mapping of--

       (I) pedestrian walkways that experience high rates of use 
     or that provide pedestrians with critical connections to 
     jobs, housing, healthcare, schools, transit, or retail;
       (II) public transportation stop locations;
       (III) flood-prone locations where trees or other natural 
     infrastructure could mitigate flooding;
       (IV) areas of elevated air pollution;
       (V) urban heat islands, where temperatures exceed those of 
     surrounding areas;
       (VI) areas where tree coverage is lower than in surrounding 
     areas;
       (VII) low-income communities; and
       (VIII) communities of color.

       (B) Community engagement activities to provide 
     opportunities for public input into plans to enhance tree 
     canopy and access to green space.
       (C) Setting tree cover goals and implementing an investment 
     plan based on the results of the assessment under 
     subparagraph (A) to increase tree canopy and tree cover, 
     including equitable access to shade and green space for low-
     income communities and communities of color by planting trees 
     on public rights-of-way and public facilities.
       (D) Purchasing of trees, site preparation, planting of 
     trees, ongoing maintenance and monitoring of trees, and 
     repair of storm damage to trees, with priority given to--
       (i) the planting of native species, to the extent 
     appropriate; and
       (ii) projects located in a neighborhood with lower tree 
     cover or higher maximum daytime summer temperatures compared 
     to surrounding neighborhoods.
       (E) Assessing the underground infrastructure and 
     coordinating with local transportation and utility providers.
       (F) Hiring staff to conduct any of the activities described 
     in this paragraph.
       (2) Mobility grants.--A mobility grant shall be used for 
     the planning, design, construction, or improvement of 
     pedestrian walkways or bicycle lanes that are located on a 
     public street or for the planning, design, construction, or 
     improvement of a publicly accessible shared-use path or 
     trail, including 1 or more of the following activities:
       (A) Conducting a comprehensive mobility assessment, which 
     shall--
       (i) assess the condition of pedestrian or bicyclist 
     networks and identify gaps;
       (ii) identify hazardous locations and corridors where 
     fatalities or serious injuries of pedestrians and bicyclists 
     have occurred;
       (iii) measure the level of access by biking and walking to 
     essential destinations, including access to jobs, housing, 
     healthcare, schools, public transportation, and retail; and
       (iv) include an equity analysis, including--

       (I) mapping of low-income communities and communities of 
     color;
       (II) identifying disparities in the level of access 
     measured under clause (iii) in low-income communities and 
     communities of color compared to surrounding areas; and
       (III) identifying disparities in the condition and extent 
     of pedestrian and bicyclist networks in low-income 
     communities and communities of color compared to surrounding 
     areas.

       (B) Community engagement, education, capacity building, and 
     programming--
       (i) to provide opportunities for public input into plans to 
     expand safe and convenient pedestrian walkways, bicycle 
     lanes, and shared-use paths;
       (ii) to identify community needs and develop community-
     driven mobility solutions; and
       (iii) to develop and execute community programming that 
     makes active use of a street for community building and for 
     purposes other than driving.
       (C) Construction of pedestrian walkways, bicycle lanes, and 
     shared-use paths, including acquisition of necessary rights-
     of-way.
       (D) Improvements to the condition of pedestrian walkways, 
     bicycle lanes, and shared-use paths, including modifications 
     to pedestrian walkways and traffic control devices to comply 
     with accessibility requirements under the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       (E) Traffic calming, speed reduction improvements, and 
     construction of pedestrian crosswalks and intersection 
     improvements designed to enhance the safety and convenience 
     of pedestrians and bicyclists.
       (F) Construction or installation of enhancements to 
     pedestrian walkways, bicycle lanes, or shared-use paths, 
     including street lighting, benches, parklets, stormwater 
     management features, parking, bike racks, bike share 
     stations, and canopies or other shade devices.
       (G) Sidewalk improvements to accommodate and conserve 
     street trees.
       (H) Hiring staff to conduct any of the activities described 
     in this paragraph.
       (g) Technical Assistance.--
       (1) In general.--The Secretary may provide technical 
     assistance to eligible entities under the program for the 
     purpose of developing the technical capacity of the eligible 
     entity for the development of applications under the program 
     or the administration of grant funds under the program.
       (2) Application; solicitation.--The Secretary shall--
       (A) solicit applications from eligible entities for 
     technical assistance under paragraph (1); and
       (B) select eligible entities to receive technical 
     assistance based on--
       (i) the inexperience of the eligible entity in applying for 
     or administering Federal grants; and
       (ii) whether the eligible entity is located in or serves a 
     low-income community or a community of color.
       (h) Priority.--In selecting eligible entities to receive 
     grants under the program, the Secretary shall give priority 
     to--
       (1) an eligible entity proposing to carry out an activity 
     or project in a community that is a low-income community or 
     community of color;
       (2) an eligible entity that--
       (A) has entered into a community benefits agreement with 
     representatives of the community;
       (B) serves a community in which an anti-displacement policy 
     is in effect; or
       (C) has demonstrated a plan for--
       (i) employing residents in the area impacted by the 
     activity or project through targeted hiring programs; and
       (ii) contracting and subcontracting with disadvantaged 
     business enterprises; and
       (3) an eligible entity that is partnering with a qualified 
     youth or conservation corps (as defined in section 203 of the 
     Public Lands Corps Act of 1993 (16 U.S.C. 1722)).
       (i) Distribution Requirement.--For each fiscal year, not 
     less than 80 percent of the amounts made available to carry 
     out the program shall be provided for projects in urbanized 
     areas.
       (j) Federal Share.--
       (1) In general.--Except as provided under paragraph (2), 
     the Federal share of the cost of a project carried out under 
     the program is 80 percent.
       (2) Waiver.--The Secretary may increase the Federal share 
     requirement under paragraph (1) to 100 percent for projects 
     carried out by an eligible entity that demonstrates economic 
     hardship.
       (k) Administration.--
       (1) Administrative costs.--For each fiscal year, the 
     Secretary may use not more than 2 percent of the amounts made 
     available for the program for the costs of administering the 
     program.
       (2) Technical assistance.--For each fiscal year, the 
     Secretary may use not more than 10 percent of the amounts 
     made available for the program to provide technical 
     assistance under subsection (g).
       (l) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that--

[[Page S7791]]

       (1) assesses the impact of transportation improvements 
     funded in whole or in part under title 23, United States 
     Code, on average traffic speeds, fatalities, and serious 
     injuries in the areas in which projects are carried out under 
     the program; and
       (2) identifies the amount of funds provided under title 23, 
     United States Code, that are used on activities eligible for 
     assistance under the program.
       (m) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program $1,000,000,000 
     for each of fiscal years 2021 through 2025, to remain 
     available until expended.

        CHAPTER 4--OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM

     SEC. 5451. DEFINITIONS.

       In this chapter:
       (1) Eligible entity.--
       (A) In general.--The term ``eligible entity'' means--
       (i) a State or territory of the United States;
       (ii) a political subdivision of a State or territory of the 
     United States, including--

       (I) a city; and
       (II) a county;

       (iii) a special purpose district, including park districts; 
     and
       (iv) an Indian Tribe.
       (B) Political subdivisions and indian tribes.--A political 
     subdivision of a State or territory of the United States or 
     an Indian Tribe shall be considered an eligible entity only 
     if the political subdivision or Indian Tribe represents or 
     otherwise serves a qualifying urban area.
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       (3) Outdoor recreation legacy partnership program.--The 
     term ``Outdoor Recreation Legacy Partnership Program'' means 
     the program established under section 5452(a).
       (4) Qualifying urban area.--The term ``qualifying urban 
     area'' means an area identified by the Census Bureau as an 
     ``urban area'' in the most recent census.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5452. GRANTS AUTHORIZED.

       (a) In General.--The Secretary shall establish an outdoor 
     recreation legacy partnership program under which the 
     Secretary may award grants to eligible entities for 
     projects--
       (1) to acquire land and water for parks and other outdoor 
     recreation purposes; and
       (2) to develop new or renovate existing outdoor recreation 
     facilities.
       (b) Matching Requirement.--
       (1) In general.--As a condition of receiving a grant under 
     subsection (a), an eligible entity shall provide matching 
     funds in the form of cash or an in-kind contribution in an 
     amount equal to not less than 100 percent of the amounts made 
     available under the grant.
       (2) Sources.--The matching amounts referred to in paragraph 
     (1) may include amounts made available from State, local, 
     nongovernmental, or private sources.

     SEC. 5453. ELIGIBLE USES.

       (a) In General.--A grant recipient may use a grant awarded 
     under this chapter--
       (1) to acquire land or water that provides outdoor 
     recreation opportunities to the public; and
       (2) to develop or renovate outdoor recreational facilities 
     that provide outdoor recreation opportunities to the public, 
     with priority given to projects that--
       (A) create or significantly enhance access to park and 
     recreational opportunities in an urban neighborhood or 
     community;
       (B) engage and empower underserved communities and youth;
       (C) provide opportunities for youth employment or job 
     training;
       (D) establish or expand public-private partnerships, with a 
     focus on leveraging resources; and
       (E) take advantage of coordination among various levels of 
     government.
       (b) Limitations on Use.--A grant recipient may not use 
     grant funds for--
       (1) grant administration costs;
       (2) incidental costs related to land acquisition, including 
     appraisal and titling;
       (3) operation and maintenance activities;
       (4) facilities that support semiprofessional or 
     professional athletics;
       (5) indoor facilities such as recreation centers or 
     facilities that support primarily non-outdoor purposes; or
       (6) acquisition of land or interests in land that restrict 
     access to specific persons.

     SEC. 5454. NATIONAL PARK SERVICE REQUIREMENTS.

       In carrying out the Outdoor Recreation Legacy Partnership 
     Program, the Secretary shall--
       (1) conduct an initial screening and technical review of 
     applications received; and
       (2) evaluate and score all qualifying applications.

     SEC. 5455. REPORTING.

       (a) Annual Reports.--Not later than 30 days after the last 
     day of each report period, each State lead agency that 
     receives a grant under this chapter shall annually submit to 
     the Secretary performance and financial reports that--
       (1) summarize project activities conducted during the 
     report period; and
       (2) provide the status of the project.
       (b) Final Reports.--Not later than 90 days after the 
     earlier of the date of expiration of a project period or the 
     completion of a project, each State lead agency that receives 
     a grant under this chapter shall submit to the Secretary a 
     final report containing such information as the Secretary may 
     require.

     SEC. 5456. REVENUE SHARING.

       (a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
     109-432) is amended by inserting before the period at the end 
     ``, of which 20 percent for each of fiscal years 2020 through 
     2055 shall be used by the Secretary of the Interior to 
     provide grants under chapter 4 of subtitle D of title V of 
     the Economic Justice Act''.
       (b) Supplement Not Supplant.--Amounts made available to the 
     Outdoor Recreation Legacy Partnership Program as a result of 
     the amendment made by subsection (a) shall supplement and not 
     supplant any other Federal funds made available to carry out 
     the Outdoor Recreation Legacy Partnership Program.

                 Subtitle E--Labor and Wage Protections

     SEC. 5501. LABOR STANDARDS.

       (a) Definitions.--In this section:
       (1) Covered construction or maintenance project.--The term 
     ``covered construction or maintenance project'' means a 
     construction or maintenance project, including installation 
     or removal of applicable infrastructure, that is assisted in 
     whole or in part by funds appropriated or made available 
     under this title or the amendments made by this title, 
     without regard to the form or type of Federal assistance 
     provided.
       (2) Covered project labor agreement.--The term ``covered 
     project labor agreement'' means a project labor agreement 
     that--
       (A) binds all contractors and subcontractors on the 
     construction or maintenance project through the inclusion of 
     appropriate specifications in all relevant solicitation 
     provisions and contract documents;
       (B) allows all contractors and subcontractors to compete 
     for contracts and subcontracts without regard to whether they 
     are otherwise a party to a collective bargaining agreement;
       (C) contains guarantees against strikes, lockouts, and 
     other similar job disruptions;
       (D) sets forth effective, prompt, and mutually binding 
     procedures for resolving labor disputes arising during the 
     covered project labor agreement; and
       (E) provides other mechanisms for labor-management 
     cooperation on matters of mutual interest and concern, 
     including productivity, quality of work, safety, and health.
       (3) Project labor agreement.--The term ``project labor 
     agreement'' means a pre-hire collective bargaining agreement 
     with one or more labor organizations that--
       (A) establishes the terms and conditions of employment for 
     a specific construction or maintenance project; and
       (B) is described in section 8(f) of the National Labor 
     Relations Act (29 U.S.C. 158(f)).
       (4) Qualified entity.--The term ``qualified entity'' means 
     an applicant for certification under subsection (c) that the 
     Secretary of Labor certifies as a qualified entity in 
     accordance with such subsection.
       (5) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' has the meaning given 
     the term ``apprenticeship program'' in section 3101(b).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (b) In General.--
       (1) Application.--Notwithstanding any other provision of 
     law, for fiscal year 2021 and each fiscal year thereafter, 
     each entity receiving assistance under this title, or the 
     amendments made by this title, for a covered construction or 
     maintenance project shall--
       (A) as a condition precedent to receiving any such 
     assistance for a covered construction or maintenance project, 
     be a qualified entity; and
       (B) for the duration of the covered construction or 
     maintenance project, comply with the labor standards under 
     subsection (d) with respect to the covered construction or 
     maintenance project.
       (2) Inclusion.--Notwithstanding any other provision of law, 
     for fiscal year 2021 and each fiscal year thereafter, each 
     entity that is awarded a permit or lease by, or that enters 
     into an agreement with, the Federal Government under this 
     title or the amendments made by this title shall--
       (A) as a condition precedent to receiving such award or 
     entering into such agreement, be a qualified entity; and
       (B) for the duration of any covered construction or 
     maintenance project related to the permit, lease, or 
     agreement, comply with the labor standards under subsection 
     (d) with respect to the covered construction or maintenance 
     project.
       (c) Certification of Qualified Entities.--
       (1) In general.--The Secretary shall establish a process to 
     certify entities that submit an application under paragraph 
     (2) as qualified entities with respect to covered 
     construction or maintenance projects.
       (2) Application process.--An entity seeking certification 
     as a qualified entity shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require, 
     including information to demonstrate compliance with the 
     requirements under subsection (d).
       (3) Requests for additional information.--
       (A) In general.--Not later than 1 year after receiving an 
     application from an entity under paragraph (2), the Secretary 
     may request additional information from the entity in order 
     to determine whether the entity is

[[Page S7792]]

     in compliance with the requirements under subsection (d).
       (B) Additional information timing.--The entity shall 
     provide such additional information within 30 days of the 
     Secretary's request under subparagraph (A).
       (4) Determination deadline.--The Secretary shall make a 
     determination regarding whether to certify an entity under 
     this subsection as a qualified entity not later than--
       (A) in a case in which the Secretary requests additional 
     information described in paragraph (3), 1 year after the 
     Secretary receives such additional information from the 
     entity; or
       (B) in a case that is not described in paragraph (3)(A), 1 
     year after the date on which the entity submits the 
     application under paragraph (2).
       (5) Remedies.--
       (A) Precertification remedies.--The Secretary shall 
     consider any corrective actions taken by an entity seeking 
     certification under this subsection to remedy an 
     administrative merits determination, arbitral award or 
     decision, or civil judgment identified under subsection 
     (d)(2)(C) and shall impose, as a condition of certification, 
     any additional remedies the Secretary determines necessary, 
     exclusively in the Secretary's judgment, to--
       (i) fully remedy any such determination, decision, or 
     judgment; and
       (ii) avoid further or repeated violations.
       (B) Postcertification remedies.--The Secretary shall have 
     the authority to pursue and impose any remedies the Secretary 
     determines necessary, exclusively in the Secretary's 
     judgment, to fully remedy any violation of the requirements 
     under subsection (d) by a qualified entity, including back 
     wages, reinstatement, liquidated damages, treble damages, 
     civil penalties, orders to bargain, injunctive relief, and 
     any other appropriate remedies.
       (d) Labor Standards Requirements.--
       (1) Applicability.--
       (A) Required for certification.--The Secretary shall 
     require an entity, as a condition of certification as a 
     qualified entity under subsection (c), to satisfy each of the 
     requirements under paragraph (2).
       (B) Required during duration of project.--A qualified 
     entity shall satisfy the requirements under paragraph (2) for 
     the duration of any covered construction or maintenance 
     project.
       (2) Labor standards.--The requirements under this paragraph 
     are the following:
       (A) The entity shall ensure that all laborers and mechanics 
     employed by contractors and subcontractors in the performance 
     of any covered construction or maintenance project shall be 
     paid wages at rates not less than those prevailing on 
     projects of a similar character in the locality as determined 
     by the Secretary in accordance with subchapter IV of chapter 
     31 of title 40, United States Code (commonly known as the 
     ``Davis-Bacon Act'').
       (B) In the case of any covered construction or maintenance 
     project, the cost of which exceeds $25,000,000, the entity 
     shall be a party to, or require contractors and 
     subcontractors in the performance of such covered 
     construction or maintenance project to consent to, a covered 
     project labor agreement.
       (C) The entity, and all contractors and subcontractors in 
     performance of any covered construction or maintenance 
     project, shall represent in the application submitted under 
     subsection (c)(2) (and periodically thereafter during the 
     performance of the covered construction or maintenance 
     project as the Secretary may require) whether there has been 
     any administrative merits determination, arbitral award or 
     decision, or civil judgment, as defined in guidance issued by 
     the Secretary, rendered against the entity in the preceding 3 
     years (or, in the case of disclosures after the initial 
     disclosure, during such period as the Secretary may provide) 
     for violations of--
       (i) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
     seq.);
       (ii) the Occupational Safety and Health Act of 1970 (29 
     U.S.C. 651 et seq.);
       (iii) the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.);
       (iv) the National Labor Relations Act (29 U.S.C. 151 et 
     seq.);
       (v) subchapter IV of chapter 31 of title 40, United States 
     Code (commonly known as the ``Davis-Bacon Act'');
       (vi) chapter 67 of title 41, United States Code (commonly 
     known as the ``Service Contract Act'');
       (vii) Executive Order 11246, as amended (relating to equal 
     employment opportunity);
       (viii) section 503 of the Rehabilitation Act of 1973 (29 
     U.S.C. 793);
       (ix) section 4212 of title 38, United States Code;
       (x) the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2601 et seq.);
       (xi) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.);
       (xii) the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.);
       (xiii) the Age Discrimination in Employment Act of 1967 (29 
     U.S.C. 621 et seq.);
       (xiv) Executive Order 13658 (79 Fed. Reg. 9851; relating to 
     establishing a minimum wage for contractors); or
       (xv) equivalent State laws, as defined in guidance issued 
     by the Secretary.
       (D) The entity, and all contractors and subcontractors in 
     the performance of the covered construction or maintenance 
     project, shall not require arbitration for any dispute 
     involving an employee, as described in subparagraph (E), 
     engaged in a service for the entity or any contractor and 
     subcontractor, or enter into any agreement with such employee 
     requiring arbitration of any such dispute, unless such 
     employee is covered by a collective bargaining agreement that 
     provides otherwise.
       (E) For purposes of compliance with each Federal law and 
     executive Order listed in clauses (i) through (xiv) of 
     subparagraph (C) and the requirements under this section, the 
     entity, and all contractors and subcontractors in the 
     performance of the covered construction or maintenance 
     project of the entity, shall consider an individual 
     performing any service in the performance of such 
     construction or maintenance project as an employee (and not 
     an independent contractor) of the entity or contractor or 
     subcontractor of the entity, respectively, unless--
       (i) the individual is free from control and direction in 
     connection with the performance of the service, both under 
     the contract for the performance of the service and in fact;
       (ii) the service is performed outside the usual course of 
     the business of the entity, contractor, or subcontractor, 
     respectively; and
       (iii) the individual is customarily engaged in an 
     independently established trade, occupation, profession, or 
     business of the same nature as that involved in such service.
       (F) The entity shall prohibit all contractors and 
     subcontractors in the performance of any covered construction 
     or maintenance project of the entity from hiring employees 
     through a temporary staffing agency unless the relevant State 
     workforce agency certifies that temporary employees are 
     necessary to address an acute, short-term labor demand.
       (G) The entity shall require all contractors, 
     subcontractors, successors in interest of the entity, and 
     other entities that may acquire the entity, in the 
     performance or acquisition of any covered construction or 
     maintenance project, to have and abide by an explicit 
     neutrality policy on any issue involving the exercise by 
     employees of the entity as described in subparagraph (E), and 
     of all contractors and subcontractors in the performance of 
     any covered construction or maintenance project of the 
     entity, of the right to organize and bargain collectively 
     through representatives of their own choosing.
       (H) The entity shall require all contractors and 
     subcontractors to participate in a registered apprenticeship 
     program for each skilled craft employed on any construction 
     or maintenance project.
       (I) The entity, and all contractors and subcontractors in 
     the performance of any covered construction or maintenance 
     project, shall not request or otherwise consider the criminal 
     history of an applicant for employment before extending a 
     conditional offer to the applicant, unless--
       (i) a background check is otherwise required by law;
       (ii) the position is for a Federal law enforcement officer 
     (as defined in section 115(c)(1) of title 18, United States 
     Code) position; or
       (iii) the Secretary, after consultation with the Secretary 
     of Energy, certifies that precluding criminal history prior 
     to the conditional offer would pose a threat to national 
     security.
       (e) Davis-Bacon Act.--The Secretary shall have, with 
     respect to the labor standards described in subsection 
     (d)(2)(A), the authority and functions set forth in 
     Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
     U.S.C. App.) and section 3145 of title 40, United States 
     Code.
       (f) Employee Coverage for the Purposes of Projects Under 
     This Title.--Notwithstanding any other provision of law, for 
     purposes of each Federal law and executive Order listed in 
     clauses (i) through (xiv) of subsection (d)(2)(C) and for 
     purposes of compliance with the requirements under this 
     title, any individual performing any service in the 
     performance of a construction or maintenance project for an 
     entity, or a contractor or subcontractor of such entity, 
     shall be an employee (and not an independent contractor) of 
     the entity, contractor, or subcontractor, respectively, with 
     regard to the service performed in the performance of such 
     project unless--
       (1) the individual is free from control and direction in 
     connection with the performance of the service, both under 
     the contract for the performance of the service and in fact;
       (2) the service is performed outside the usual course of 
     the business of the entity, contractor, or subcontractor, 
     respectively; and
       (3) the individual is customarily engaged in an 
     independently established trade, occupation, profession, or 
     business of the same nature as that involved in such service.
       (g) Period of Validity for Certifications.--A certification 
     made under subsection (c) shall be in effect for a period of 
     5 years. An entity may reapply to the Secretary for an 
     additional certification under this section in accordance 
     with the application process under subsection (c)(2).
       (h) Revocation of Qualified Entity Status.--The Secretary 
     may revoke the certification of an entity under subsection 
     (c)as a qualified entity at any time in which the Secretary 
     reasonably determines the entity is no longer in compliance 
     with the requirements of subsection (d).

[[Page S7793]]

       (i) Certification May Cover More Than 1 Substantially 
     Similar Project.--The Secretary may make certifications under 
     subsection (c) that apply with respect to more than 1 
     construction or maintenance project if the projects to which 
     such certification apply are substantially similar projects 
     which meet the requirements of this section. Such projects 
     shall be treated as a specific construction or maintenance 
     project for purposes of subsection (a)(2).
       (j) Application of Labor Standards to Wood Heater Emissions 
     Reductions Grant Program.--With respect to the wood heater 
     emissions reductions grant program established under section 
     5531(b) and notwithstanding any other provision of this 
     section, the requirements of this section shall apply only to 
     work performed on multifamily buildings.
       (k) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal year 2020 and each fiscal year 
     thereafter.

     SEC. 5502. WAGE RATE.

       (a) Davis-Bacon Act.--
       (1) In general.--Notwithstanding any other provision of 
     law, for fiscal year 2021 and each fiscal year thereafter, 
     all laborers and mechanics employed by contractors or 
     subcontractors on projects assisted in whole or in part under 
     this title or the amendments made by this title, without 
     regard to the form or type of Federal assistance provided, 
     shall be paid wages at rates not less than those prevailing 
     on projects of a similar character in the locality as 
     determined by the Secretary in accordance with subchapter IV 
     of chapter 31 of title 40, United States Code (commonly known 
     as the ``Davis-Bacon Act'').
       (2) Authority.--With respect to the labor standards 
     specified in paragraph (1), the Secretary of Labor shall have 
     the authority and functions set forth in Reorganization Plan 
     Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
     section 3145 of title 40, United States Code.
       (b) Service Employees.--
       (1) In general.--Notwithstanding any other provision of 
     law, for fiscal year 2021 and each fiscal year thereafter, 
     all service employees, including service employees that are 
     routine operations workers or routine maintenance workers, 
     who are not subject to subsection (a) and are employed by 
     contractors or subcontractors on projects assisted in whole 
     or in part under this title or the amendments made by this 
     title, without regard to the form or type of Federal 
     assistance provided, shall be paid a wage and fringe benefits 
     that are not less than the minimum wage and fringe benefits 
     established in accordance with chapter 67 of title 41, United 
     States Code (commonly known as the ``Service Contract Act'').
       (2) Definition of service employee.--In this subsection, 
     the term ``service employee''--
       (A) means an individual engaged in the performance of a 
     project assisted in whole or in part under this title or the 
     amendments made by this title, without regard to the form or 
     type of Federal assistance provided, the principal purpose of 
     which is to furnish services in the United States;
       (B) includes an individual without regard to any 
     contractual relationship alleged to exist between the 
     individual and a contractor or subcontractor; but
       (C) does not include an individual employed in a bona fide 
     executive, administrative, or professional capacity, as those 
     terms are defined in part 541 of title 29, Code of Federal 
     Regulations.
       (3) Authority.--With respect to paragraphs (1) and (2), the 
     Secretary of Labor shall have the authority and functions set 
     forth in chapter 67 of title 41, United States Code.
       (c) Application of Labor Standards to Wood Heater Emissions 
     Reductions Grant Program.--With respect to the wood heater 
     emissions reductions grant program established under section 
     5531(b) and notwithstanding any other provision of this 
     section, the requirements of this section shall apply only to 
     work performed on multifamily buildings.

     SEC. 5503. INFRASTRUCTURE WORKFORCE EQUITY CAPACITY BUILDING 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Individual with a barrier to employment.--The term 
     ``individual with a barrier to employment'' has the meaning 
     given such term in section 3 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102).
       (2) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' has the meaning given 
     the term ``apprenticeship program'' in section 3101(b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (4) Workforce intermediary.--The term ``workforce 
     intermediary'' means an entity that--
       (A) has an affiliate network or offices in not less than 3 
     communities and across not less than 2 States;
       (B) has the programmatic capability to serve individuals 
     with a barrier to employment or individuals who are 
     traditionally underrepresented in infrastructure industries;
       (C) has clearly and convincingly demonstrated the capacity 
     to carry out activities described in subsection (d); and
       (D) submits an application in accordance with subsection 
     (c).
       (b) Capacity Building Program.--
       (1) In general.--From the funds appropriated under 
     subsection (f), the Secretary shall award grants, contracts, 
     or other agreements or arrangements as the Secretary 
     determines appropriate, to workforce intermediaries for the 
     purpose of building the capacity of entities receiving grants 
     for construction on Federally-assisted projects under this 
     title to implement the activities and services described in 
     subsection (d) to more effectively serve individuals with a 
     barrier to employment, including ex-offenders or individuals 
     who are traditionally underrepresented in the targeted 
     infrastructure industry served through the job training 
     program supported under such title.
       (2) Amount.--The amount of a grant awarded under this 
     section may not exceed $3,000,000.
       (c) Application.--A workforce intermediary seeking an award 
     under this section shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as required by the Secretary, including a 
     detailed description of the following:
       (1) The extent to which the workforce intermediary has 
     experience in conducting outreach and technical assistance to 
     employers, businesses, labor-management organizations, the 
     public workforce system, industry groups, and other 
     stakeholders that are interested in diversifying new or 
     existing registered apprenticeship programs, pre-
     apprenticeship programs, and work-based learning programs;
       (2) The extent to which the workforce intermediary has 
     experience meeting the workforce development needs of 
     individuals with a barrier to employment and individuals who 
     are traditionally underrepresented in infrastructure 
     industries;
       (3) The extent to which the workforce intermediary has 
     experience with and capability to facilitate -
       (A) formal agreements between pre-apprenticeship programs, 
     with at least one sponsor of a registered apprenticeship 
     program;
       (B) public private partnership building,
       (C) supportive services; and
       (D) mentoring programs .
       (4) The capability of the workforce intermediary to provide 
     the technical assistance required to increase diversity among 
     participants in registered apprenticeship programs or pre-
     apprenticeship programs.
       (5) The capability of the workforce intermediary to measure 
     the impact of targeted strategies and technical assistance.
       (d) Use of Funds.--A qualified entity receiving a grant 
     under this section shall use grant funds to provide technical 
     assistance to entities receiving a grant under this title in 
     order for such entities to carry out the following activities 
     and services:
       (1) Providing professional development activities.
       (2) The provision of outreach and recruitment activities, 
     including assessments of potential participants for such 
     activities, and enrollment of participants.
       (3) The coordination of services across providers and 
     programs.
       (4) The development of performance accountability measures.
       (5) Connecting employers to--
       (A) work-based learning programs;
       (B) registered apprenticeship programs; or
       (C) pre-apprenticeship programs with a formal agreement 
     with one or more registered apprenticeship programs.
       (6) Assisting in the design and implementation of 
     registered apprenticeship programs and pre-apprenticeship 
     programs, including curriculum development and delivery for 
     related instruction.
       (7) Developing and providing personalized program 
     participant supports, including by partnering with 
     organizations to provide access to or referrals for 
     supportive services and financial advising.
       (8) Providing services, resources, and supports for 
     development, delivery, expansion, or improvement of work-
     based learning programs, registered apprenticeship programs, 
     or pre-apprenticeship programs.
       (e) Report.--A workforce intermediary receiving a grant 
     under this section shall, not later than 6 months after the 
     grant is awarded, submit to the Secretary a report that 
     includes--
       (1) the impact of the technical assistance provided under 
     this section; and
       (2) such other criteria as determined by the Secretary.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $150,000,000 for 
     fiscal year 2021, to remain available through fiscal year 
     2024.

     SEC. 5504. SEVERABILITY.

       If any provision of this subtitle, any amendment made by 
     this subtitle, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, the remainder of this Act, the amendments 
     made by this Act, and the application of such provision or 
     amendment to any other person or circumstance shall not be 
     affected.

            TITLE VI--NEW HOMEBUYERS DOWN PAYMENT TAX CREDIT

     SEC. 6001. DOWN PAYMENT TAX CREDIT FOR FIRST-TIME HOMEBUYERS.

       (a) In General.--Section 36 of the Internal Revenue Code of 
     1986 is amended to read as follows:

[[Page S7794]]

  


     ``SEC. 36. DOWN PAYMENT TAX CREDIT FOR FIRST-TIME HOMEBUYERS.

       ``(a) Allowance of Credit.--In the case of an individual 
     who is a first-time homebuyer of a principal residence in the 
     United States during a taxable year, there shall be allowed 
     as a credit against the tax imposed by this subtitle for such 
     taxable year an amount equal to 6 percent of the purchase 
     price of the residence.
       ``(b) Limitations; Special Rules Based on Marital and 
     Filing Status.--
       ``(1) Dollar limitation.--The credit allowed under 
     subsection (a) shall not exceed $15,000.
       ``(2) Limitation based on purchase price.--The amount 
     allowable as a credit under subsection (a) (determined 
     without regard to this paragraph and paragraph (3), and after 
     the application of paragraph (1)) for the taxable year shall 
     be reduced (but not below zero) by the amount which bears the 
     same ratio to the amount which is so allowable as--
       ``(A) the excess (if any) of--
       ``(i) the purchase price of the residence, over
       ``(ii) $400,000, bears to
       ``(B) $100,000.
       ``(3) Limitation based on modified adjusted gross income.--
       ``(A) In general.--The amount allowable as a credit under 
     subsection (a) (determined without regard to this paragraph 
     and after the application of paragraphs (1) and (2)) for the 
     taxable year shall be reduced (but not below zero) by the 
     amount which bears the same ratio to the amount which is so 
     allowable as--
       ``(i) the excess (if any) of--

       ``(I) the taxpayer's modified adjusted gross income for 
     such taxable year, over
       ``(II) $100,000 ($200,000 in the case of a joint return), 
     bears to

       ``(ii) $20,000.
       ``(B) Modified adjusted gross income.--For purposes of 
     subparagraph (A), the term `modified adjusted gross income' 
     means the adjusted gross income of the taxpayer for the 
     taxable year increased by any amount excluded from gross 
     income under section 911, 931, or 933.
       ``(4) Age limitation.--No credit shall be allowed under 
     subsection (a) with respect to the purchase of any residence 
     for a taxable year if--
       ``(A) the taxpayer has not attained age 18 as of the date 
     of such purchase, or
       ``(B) a deduction under section 151 with respect to the 
     taxpayer is allowable to another taxpayer for the taxable 
     year.
     In the case of a taxpayer who is married, the taxpayer shall 
     be treated as meeting the age requirement of subparagraph (A) 
     if the taxpayer or the taxpayer's spouse meets such age 
     requirement.
       ``(5) Multiple purchasers.--If 2 or more individuals who 
     are not married purchase a principal residence, the amount of 
     the credit under subsection (a) shall be allocated among such 
     individuals in such manner as the Secretary may prescribe by 
     taking into account the requirements of paragraphs (2) and 
     (3), except that the total amount of the credits allowed to 
     all such individuals shall not exceed $15,000.
       ``(6) Married couples must file joint return.--If an 
     individual is married at the close of the taxable year, the 
     credit shall be allowed under subsection (a) only if the 
     individual and the individual's spouse file a joint return 
     for the taxable year.
       ``(c) Definitions.--For purposes of this section--
       ``(1) First-time homebuyer.--
       ``(A) In general.--The term `first-time homebuyer' means 
     any individual who acquires a principal residence by purchase 
     if such individual (and, if married, such individual's 
     spouse)--
       ``(i) has not claimed any credit or deduction under this 
     title for any previous taxable year with respect to the 
     purchase or ownership of any residence or residential real 
     estate (including for any expenditures relating to the 
     placing in service of any property on, in connection with, or 
     for use in such a residence or real estate), and
       ``(ii) attests under penalty of perjury that--

       ``(I) the individual (and, if married, the individual's 
     spouse) has not owned a principal residence at any time prior 
     to the purchase of the principal residence to which this 
     section applies, and
       ``(II) the principal residence to which this section 
     applies was not acquired from a person related to such 
     individual or spouse.

       ``(B) Waiver in case of certain changes in status.--The 
     Secretary may, in such manner as the Secretary may prescribe, 
     waive the requirements of subparagraph (A) for a taxable year 
     in the case of an individual who is not eligible to file a 
     joint return for the taxable year, and who was married at the 
     time the individual or the individual's former spouse 
     purchased a previous residence.
       ``(2) Principal residence.--The term `principal residence' 
     has the same meaning as when used in section 121.
       ``(3) Purchase.--
       ``(A) In general.--The term `purchase' means any 
     acquisition, but only if--
       ``(i) the property is not acquired from a person related to 
     the person acquiring such property (or, if either such person 
     is married, such individual's spouse), and
       ``(ii) the basis of the property in the hands of the person 
     acquiring such property is not determined--

       ``(I) in whole or in part by reference to the adjusted 
     basis of such property in the hands of the person from whom 
     acquired, or
       ``(II) under section 1014(a).

       ``(B) Construction.--A residence which is constructed by 
     the taxpayer shall be treated as purchased by the taxpayer on 
     the date the taxpayer first occupies such residence.
       ``(4) Purchase price.--The term `purchase price' means the 
     adjusted basis (without regard to any reduction under section 
     1016(a)(38)) of the principal residence on the date such 
     residence is purchased.
       ``(5) Related persons.--A person shall be treated as 
     related to another person if the relationship between such 
     persons would result in the disallowance of losses under 
     section 267 or 707(b) (but, in applying subsections (b) and 
     (c) of section 267 for purposes of this section, paragraph 
     (4) of section 267(c) shall be treated as providing that the 
     family of an individual shall include only the individual's 
     spouse, ancestors, lineal descendants, and spouse's ancestors 
     and lineal descendants).
       ``(6) Marital status.--An individual's marital status shall 
     be determined in accordance with section 7703.
       ``(d) Denial and Recapture Rules in Case of Disposal of 
     Residence Within 5 Taxable Years.--
       ``(1) Denial of credit in case of disposal within taxable 
     year.--No credit under subsection (a) shall be allowed to any 
     taxpayer for any taxable year with respect to the purchase of 
     a residence if the taxpayer disposes of such residence (or 
     such residence ceases to be the principal residence of the 
     taxpayer (and, if married, the taxpayer's spouse)) before the 
     close of such taxable year.
       ``(2) Partial recapture.--
       ``(A) In general.--Except as provided in subparagraph (D), 
     if the taxpayer disposes of the residence with respect to 
     which a credit was allowed under subsection (a) (or such 
     residence ceases to be the principal residence of the 
     taxpayer (and, if married, the taxpayer's spouse)) during the 
     4-taxable-year period beginning with the taxable year 
     immediately following the credit year, the tax imposed by 
     this chapter for the taxable year in which such disposal (or 
     cessation) occurs shall be increased by an amount equal to 
     the recapture percentage of the amount of the credit so 
     allowed.
       ``(B) Credit year.--For purposes of subparagraph (A), the 
     term `credit year' means the taxable year in which the credit 
     under subsection (a) was allowed.
       ``(C) Recapture percentage.--For purposes of subparagraph 
     (A), the recapture percentage with respect to any disposal or 
     cessation described in such subparagraph shall be determined 
     in accordance with the following table:
The recapture percentage is:on occurs in:
  the 1st taxable year beginning after the credit year......80 percent 
  the 2nd taxable year beginning after the credit year......60 percent 
  the 3rd taxable year beginning after the credit year......40 percent 
  the 4th taxable year beginning after the credit year......20 percent.
       ``(D) Exceptions.--This paragraph shall not apply in the 
     case of a disposal or cessation described in subparagraph (A) 
     which occurs after or incident to any of the following:
       ``(i) Death of the taxpayer or the taxpayer's spouse.
       ``(ii) Divorce of the taxpayer.
       ``(iii) Involuntary conversion of the residence (within the 
     meaning of section 121(d)(5)(A)).
       ``(iv) Relocation of duty station or qualified official 
     extended duty (as defined in section 121(d)(9)(C)) of the 
     taxpayer or the taxpayer's spouse who is a member of the 
     uniformed services (as defined in section 121(d)(9)(C)(ii)), 
     a member of the Foreign Service of the United States (as 
     defined in section 121(d)(9)(C)(iii)), or an employee of the 
     intelligence community (as defined in section 
     121(d)(9)(C)(iv)).
       ``(v) Change of employment of the taxpayer or the 
     taxpayer's spouse which meets the conditions of section 
     217(c).
       ``(vi) Loss of employment, health conditions, or such other 
     unforeseen circumstances as may be specified by the 
     Secretary.
       ``(e) Adjustment to Basis.--For purposes of this subtitle, 
     if a credit is allowed under this section with respect to any 
     property, the taxpayer's basis in such property shall be 
     reduced by the amount of the credit so allowed.
       ``(f) Reporting.--
       ``(1) In general.--A credit shall be allowed under this 
     section only if the following are included on the return of 
     tax:
       ``(A) The individual's (and, if married, the individual's 
     spouse's) social security number issued by the Social 
     Security Administration.
       ``(B) The street address (not including a post office box) 
     of the principal residence purchased.
       ``(C) The purchase price of the principal residence.
       ``(D) The date of purchase of the principal residence.
       ``(E) The closing disclosure relating to the purchase (in 
     the case of a purchase financed by a mortgage).
       ``(2) Reporting of real estate transactions.--If the 
     Secretary requires information reporting under section 6045 
     by a person described in subsection (e)(2) thereof to verify 
     the eligibility of taxpayers for the

[[Page S7795]]

     credit allowable by this section, the exception provided by 
     section 6045(e)(5) shall not apply.
       ``(g) Termination.--Subsection (a) shall not apply to any 
     purchase of a principal residence after December 31, 2021.''.
       (b) Conforming Amendment Relating to Basis Adjustment.--
     Subsection (a) of section 1016 of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking ``and'' at the end of paragraph (37),
       (2) by redesignating paragraph (38) as paragraph (39), and
       (3) by inserting after paragraph (37) the following new 
     paragraph:
       ``(38) to the extent provided in section 36(e).''.
       (c) Conforming Amendment.--Section 26(b)(2) of the Internal 
     Revenue Code of 1986 is amended by striking subparagraph (W) 
     and by redesignating subparagraphs (X) and (Y) as 
     subparagraphs (W) and (X), respectively.
       (d) Clerical Amendment.--The item relating to section 36 in 
     the table of sections for subpart C of part IV of subchapter 
     A of chapter 1 of the Internal Revenue Code of 1986 is 
     amended to read as follows:
``Sec. 36. Down payment tax credit for first-time homebuyers.''.
       (e) Authority to Treat Claim of Credit as Error, etc.--
     Subparagraph (N) of section 6213(g)(2) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(N) in the case of a return claiming the credit under 
     section 36--
       ``(i) the omission of a social security number required 
     under section 36(f)(1)(A),
       ``(ii) the inclusion of a social security number so 
     required if--

       ``(I) the claim of the credit on the return reflects the 
     treatment of such individual as being of an age different 
     from the individual's age based on such social security 
     number, or
       ``(II) except as provided in section 36(c)(1)(B), such 
     social security number has been included (other than as a 
     dependent for purposes of section 151) on a return for any 
     previous taxable year claiming any credit or deduction 
     described in section 36(c)(1)(A)(i),

       ``(iii) the omission of any other required information or 
     documentation described in section 36(f)(1), including the 
     inclusion of a post office box instead of a street address 
     for the purchased residence,
       ``(iv) the inclusion of any information or documentation 
     described in clause (iii) if such information or 
     documentation does not support a valid claim for the credit, 
     or
       ``(v) a claim of such credit for a taxable year with 
     respect to the purchase of a residence made after the last 
     day of such taxable year, or''.
       (f) IRS Recordkeeping.--Notwithstanding the limitations on 
     assessment and collection under section 6501 of the Internal 
     Revenue Code of 1986, the Commissioner of Internal Revenue 
     shall maintain in perpetuity records of returns and return 
     information (as defined in section 6103(b)(2) of such Code) 
     of any taxpayer claiming the credit under section 36 of such 
     Code (as amended by this section) for the taxable year in 
     which such credit is claimed and succeeding taxable years. 
     The Commissioner may, in the Commissioner's discretion, 
     discard such records within a reasonable amount of time after 
     the death of such taxpayer (and, if married, the taxpayer's 
     spouse).
       (g) Advanceability of Credit.--
       (1) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of the Treasury (or such 
     Secretary's delegate) shall report to the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives on administrative options 
     developed by such Secretary (or delegate) for making the 
     credit under section 36 of the Internal Revenue Code of 1986, 
     as amended by this Act, advanceable to the taxpayer at the 
     time of purchase of the principal residence with respect to 
     which such credit is determined.
       (2) Regulations.--The Secretary of the Treasury (or such 
     Secretary's delegate) shall promulgate regulations or other 
     guidance implementing advanceability of the credit under such 
     section 36 based on feedback from the Committee on Finance of 
     the Senate and the Committee on Ways and Means of the House 
     of Representatives on the report required by paragraph (1).
       (h) Effective Date.--The amendments made by this section 
     shall apply to residences purchased in taxable years 
     beginning after December 31, 2020.

         TITLE VII--RENTERS AND LOW-INCOME HOUSING TAX CREDITS

     SEC. 7001. RENTERS CREDIT.

       (a) In General.--Subpart C of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 36B the following new section:

     ``SEC. 36C. RENTERS CREDIT.

       ``(a) Determination of Credit Amount.--
       ``(1) In general.--There shall be allowed as a credit 
     against the tax imposed by this subtitle for any taxable year 
     an amount equal to the sum of the amounts determined under 
     paragraph (2) for all qualified buildings with a credit 
     period which includes months occurring during the taxable 
     year.
       ``(2) Qualified building amount.--The amount determined 
     under this paragraph with respect to any qualified building 
     for any taxable year shall be an amount equal to the lesser 
     of--
       ``(A) the aggregate qualified rental reduction amounts for 
     all eligible units within such building for months occurring 
     during the taxable year which are within the credit period 
     for such building, or
       ``(B) the rental reduction credit amount allocated to such 
     building for such months.
       ``(3) Qualified building.--For purposes of this section--
       ``(A) In general.--The term `qualified building' means any 
     building which is residential rental property (as defined in 
     section 168(e)(2)(A)) of the taxpayer with respect to which--
       ``(i) a rental reduction credit amount has been allocated 
     by a rental reduction credit agency of a State, and
       ``(ii) a qualified rental reduction agreement is in effect.
       ``(B) Building not disqualified by other assistance.--A 
     building shall not fail to be treated as a qualified building 
     merely because--
       ``(i) a credit was allowed under section 42 with respect to 
     such building or there was any other Federal assistance in 
     the construction or rehabilitation of such building, or
       ``(ii) Federal rental assistance was provided for such 
     building during any period preceding the credit period.
       ``(b) Qualified Rental Reduction Amount.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified rental reduction 
     amount' means, with respect to any eligible unit for any 
     month, an amount equal to the applicable percentage (as 
     determined under subsection (e)(1)) of the excess of--
       ``(A) the applicable rent for such unit, over
       ``(B) the family rental payment required for such unit.
       ``(2) Applicable rent.--
       ``(A) In general.--The term `applicable rent' means, with 
     respect to any eligible unit for any month, the lesser of--
       ``(i) the amount of rent which would be charged for a 
     substantially similar unit with the same number of bedrooms 
     in the same building which is not an eligible unit, or
       ``(ii) an amount equal to the market rent standard for such 
     unit.
       ``(B) Market rent standard.--
       ``(i) In general.--The market rent standard with respect to 
     any eligible unit is--

       ``(I) the small area fair market rent determined by the 
     Secretary of Housing and Urban Development for units with the 
     same number of bedrooms in the same zip code tabulation area, 
     or
       ``(II) if there is no rent described in subclause (I) for 
     such area, the fair market rent determined by such Secretary 
     for units with the same number of bedrooms in the same 
     county.

       ``(ii) State option.--A State may in its rental reduction 
     allocation plan provide that the market rent standard for all 
     (or any part) of a zip code tabulation area or county within 
     the State shall be equal to a percentage (not less than 75 
     nor more than 125) of the amount determined under clause (i) 
     (after application of clause (iii)) for such area or county.
       ``(iii) Minimum amount.--Notwithstanding clause (i), the 
     market rent standard with respect to any eligible unit for 
     any year in the credit period after the first year in the 
     credit period for such unit shall not be less than the market 
     rent standard determined for such first year.
       ``(3) Family rental payment requirements.--
       ``(A) In general.--Each qualified rental reduction 
     agreement with respect to any qualified building shall 
     require that the family rental payment for an eligible unit 
     within such building for any month shall be equal to the 
     lesser of--
       ``(i) 30 percent of the monthly family income of the 
     residents of the unit (as determined under subsection 
     (e)(5)), or
       ``(ii) the applicable rent for such unit.
       ``(B) Utility costs.--Any utility allowance (determined by 
     the Secretary in the same manner as under section 
     42(g)(2)(B)(ii)) paid by residents of an eligible unit shall 
     be taken into account as rent in determining the family 
     rental payment for such unit for purposes of this paragraph.
       ``(c) Rental Reduction Credit Amount.--For purposes of this 
     section--
       ``(1) Determination of amount.--
       ``(A) In general.--The term `rental reduction credit 
     amount' means, with respect to any qualified building, the 
     dollar amount which is allocated to such building (and to 
     eligible units within such building) under this subsection. 
     Such dollar amount shall be allocated to months in the credit 
     period with respect to such building (and such units) on the 
     basis of the estimates described in paragraph (2)(B).
       ``(B) Allocation on project basis.--In the case of a 
     project which includes (or will include) more than 1 
     building, the rental reduction credit amount shall be the 
     dollar amount which is allocated to such project for all 
     buildings included in such project. Subject to the limitation 
     under subsection (e)(3)(B), such amount shall be allocated 
     among such buildings in the manner specified by the taxpayer 
     unless the qualified rental reduction agreement with respect 
     to such project provides for such allocation.
       ``(2) State allocation.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     each rental reduction credit agency of a State shall each 
     calendar year allocate its portion of the State rental 
     reduction credit ceiling to qualified buildings (and to 
     eligible units within each such building) in accordance with 
     the State rental reduction allocation plan.
       ``(B) Allocations to each building.--The rental reduction 
     credit amount allocated to

[[Page S7796]]

     any qualified building shall not exceed the aggregate 
     qualified rental reduction amounts which such agency 
     estimates will occur over the credit period for eligible 
     units within such building, based on reasonable estimates of 
     rents, family incomes, and vacancies in accordance with 
     procedures established by the State as part of its State 
     rental reduction allocation plan.
       ``(C) Specific allocations.--
       ``(i) Nonprofit organizations.--At least 25 percent of the 
     State rental reduction credit ceiling for any State for any 
     calendar year shall be allocated to qualified buildings in 
     which a qualified nonprofit organization (as defined in 
     section 42(h)(5)(C)) owns (directly or through a partnership) 
     an interest and materially participates (within the meaning 
     of section 469(h)) in the operation of the building 
     throughout the credit period. A State may waive or lower the 
     requirement under this clause for any calendar year if it 
     determines that meeting such requirement is not feasible.
       ``(ii) Rural areas.--

       ``(I) In general.--The State rental reduction credit 
     ceiling for any State for any calendar year shall be 
     allocated to buildings in rural areas (as defined in section 
     520 of the Housing Act of 1949) in an amount which, as 
     determined by the Secretary of Housing and Urban Development, 
     bears the same ratio to such ceiling as the number of 
     extremely low-income households with severe rent burdens in 
     such rural areas bears to the total number of such households 
     in the State.
       ``(II) Alternative 5-year testing period.--In the case of 
     the 5-calendar year period beginning in 2021, a State shall 
     not be treated as failing to meet the requirements of 
     subclause (I) for any calendar year in such period if, as 
     determined by the Secretary, the average annual amount 
     allocated to such rural areas during such period meets such 
     requirements.

       ``(3) Application of allocated credit amount.--
       ``(A)  Amount available to taxpayer for all months in 
     credit period.--Any rental reduction credit amount allocated 
     to any qualified building out of the State rental reduction 
     credit ceiling for any calendar year shall apply to such 
     building for all months in the credit period ending during or 
     after such calendar year.
       ``(B) Ceiling for allocation year reduced by entire credit 
     amount.--Any rental reduction credit amount allocated to any 
     qualified building out of an allocating agency's State rental 
     reduction credit ceiling for any calendar year shall reduce 
     such ceiling for such calendar year by the entire amount so 
     allocated for all months in the credit period (as determined 
     on the basis of the estimates under paragraph (2)(B)) and no 
     reduction shall be made in such agency's State rental 
     reduction credit ceiling for any subsequent calendar year by 
     reason of such allocation.
       ``(4) State rental reduction credit ceiling.--
       ``(A) In general.--The State rental reduction credit 
     ceiling applicable to any State for any calendar year shall 
     be an amount equal to the sum of--
       ``(i) the greater of--

       ``(I) the per capita dollar amount multiplied by the State 
     population, or
       ``(II) the minimum ceiling amount, plus

       ``(ii) the amount of the State rental reduction credit 
     ceiling returned in the calendar year.
       ``(B) Return of state ceiling amounts.--For purposes of 
     subparagraph (A)(ii), except as provided in subsection 
     (d)(2), the amount of the State rental reduction credit 
     ceiling returned in a calendar year equals the amount of the 
     rental reduction credit amount allocated to any building 
     which, after the close of the calendar year for which the 
     allocation is made--
       ``(i) is canceled by mutual consent of the rental reduction 
     credit agency and the taxpayer because the estimates made 
     under paragraph (2)(B) were substantially incorrect, or
       ``(ii) is canceled by the rental reduction credit agency 
     because the taxpayer violates the qualified rental reduction 
     agreement and, under the terms of the agreement, the rental 
     reduction credit agency is authorized to cancel all (or any 
     portion) of the allocation by reason of the violation.
       ``(C) Per capita dollar amount; minimum ceiling amount.--
     For purposes of this paragraph--
       ``(i) Per capita dollar amount.--The per capita dollar 
     amount is--

       ``(I) for each of calendar years 2021, 2022, 2023, 2024, 
     and 2025, $14.35, and
       ``(II) for any calendar year after 2025, zero.

       ``(ii) Minimum ceiling amount.--The minimum ceiling amount 
     is--

       ``(I) for each of calendar years 2021, 2022, 2023, 2024, 
     and 2025, $25,000,000, and
       ``(II) for any calendar year after 2025, zero.

       ``(D) Population.--For purposes of this paragraph, 
     population shall be determined in accordance with section 
     146(j).
       ``(E) Unused rental reduction credit allocated among 
     certain states.--
       ``(i) In general.--The unused rental reduction credit of a 
     State for any calendar year shall be assigned to the 
     Secretary for allocation among qualified States for the 
     succeeding calendar year.
       ``(ii) Unused rental reduction credit.--For purposes of 
     this subparagraph, the unused rental reduction credit of a 
     State for any calendar year is the excess (if any) of--

       ``(I) the State rental reduction credit ceiling for the 
     year preceding such year, over
       ``(II) the aggregate rental reduction credit amounts 
     allocated for such year.

       ``(iii) Formula for allocation of unused credit among 
     qualified states.--The amount allocated under this 
     subparagraph to a qualified State for any calendar year shall 
     be the amount determined by the Secretary to bear the same 
     ratio to the aggregate unused rental reduction credits of all 
     States for the preceding calendar year as such State's 
     population for the calendar year bears to the population of 
     all qualified States for the calendar year. For purposes of 
     the preceding sentence, population shall be determined in 
     accordance with section 146(j).
       ``(iv) Qualified state.--For purposes of this subparagraph, 
     the term `qualified State' means, with respect to a calendar 
     year, any State--

       ``(I) which allocated its entire State rental reduction 
     credit ceiling for the preceding calendar year, and
       ``(II) for which a request is made (at such time and in 
     such manner as the Secretary may prescribe) to receive an 
     allocation under clause (iii).

       ``(5) Other definitions.--For purposes of this section--
       ``(A) Rental reduction credit agency.--The term `rental 
     reduction credit agency' means any agency authorized by a 
     State to carry out this section. Such authorization shall 
     include the jurisdictions within the State where the agency 
     may allocate rental reduction credit amounts.
       ``(B) Possessions treated as states.--The term `State' 
     includes a possession of the United States.
       ``(C) Family.--The term `family' has the same meaning as 
     when used in the United States Housing Act of 1937.
       ``(d) Modifications to Correct Inaccurate Amounts Due to 
     Incorrect Estimates.--
       ``(1) Establishment of reserves.--
       ``(A) In general.--Each rental reduction credit agency of a 
     State shall establish a reserve for the transfer and 
     reallocation of amounts pursuant to this paragraph, and 
     notwithstanding any other provision of this section, the 
     rental reduction credit amount allocated to any building by 
     such agency shall be zero unless such agency has in effect 
     such a reserve at the time of the allocation of such credit 
     amount.
       ``(B) Transfers to reserve.--
       ``(i) In general.--If, for any taxable year, a taxpayer 
     would (but for this subparagraph) not be able to use the 
     entire rental reduction credit amount allocated to a 
     qualified building by a rental reduction credit agency of a 
     State for the taxable year because of a rental reduction 
     shortfall, then the taxpayer shall for the taxable year 
     transfer to the reserve established by such agency under 
     subparagraph (A) an amount equal to such rental reduction 
     shortfall.
       ``(ii) Rental reduction shortfall.--For purposes of this 
     subparagraph, the rental reduction shortfall for any 
     qualified building for any taxable year is the amount by 
     which the aggregate amount of the excesses determined under 
     subsection (b)(1) for all eligible units within such building 
     are less than such aggregate amount estimated under 
     subsection (c)(2)(B) for the taxable year.
       ``(iii) Treatment of transferred amount.--For purposes of 
     subsection (a)(2)(A), the aggregate qualified rental 
     reduction amounts for all eligible units within a qualified 
     building with respect to which clause (i) applies for any 
     taxable year shall be increased by an amount equal to the 
     applicable percentage (determined under subsection (e)(1) for 
     the building) of the amount of the transfer to the reserve 
     under clause (i) with respect to such building for such 
     taxable year.
       ``(C) Reallocation of amounts transferred.--
       ``(i) In general.--If, for any taxable year--

       ``(I) the aggregate qualified rental reduction amounts for 
     all eligible units within a qualified building for the 
     taxable year exceed
       ``(II) the rental reduction credit amount allocated to such 
     building by a rental reduction credit agency of a State for 
     the taxable year (determined after any increase under 
     paragraph (2)),

     the rental reduction credit agency shall, upon application of 
     the taxpayer, pay to the taxpayer from the reserve 
     established by such agency under subparagraph (A) the amount 
     which, when multiplied by the applicable percentage 
     (determined under subsection (e)(1) for the building), equals 
     such excess. If the amount in the reserve is less than the 
     amounts requested by all taxpayers for taxable years ending 
     within the same calendar year, the agency shall ratably 
     reduce the amount of each payment otherwise required to be 
     made.
       ``(ii) Excess reserve amounts.--If a rental reduction 
     credit agency of a State determines that the balance in its 
     reserve is in excess of the amounts reasonably needed over 
     the following 5 calendar years to make payments under clause 
     (i), the agency may withdraw such excess but only to--

       ``(I) reduce the rental payments of eligible tenants in a 
     qualified building in units other than eligible units, or of 
     eligible tenants in units in a building other than a 
     qualified building, to amounts no higher than the sum of 
     rental payments required for eligible tenants in qualified 
     buildings under subsection (b)(3) and any rental charges to 
     such tenants in excess of the market rent standard; or
       ``(II) address maintenance and repair needs in qualified 
     buildings that cannot reasonably be met using other resources 
     available to the owners of such buildings.

[[Page S7797]]

       ``(D) Administration.--Each rental reduction credit agency 
     of a State shall establish procedures for the timing and 
     manner of transfers and payments made under this paragraph.
       ``(E) Special rule for projects.--In the case of a rental 
     reduction credit allocated to a project consisting of more 
     than 1 qualified building, a taxpayer may elect to have this 
     paragraph apply as if all such buildings were 1 qualified 
     building if the applicable percentage for each such building 
     is the same.
       ``(F) Alternative methods of transfer and reallocation.--
     Upon request to, and approval by, the Secretary, a State may 
     establish an alternative method for the transfer and 
     reallocation of amounts otherwise required to be transferred 
     to, and allocated from, a reserve under this paragraph. Any 
     State adopting an alternative method under this subparagraph 
     shall, at such time and in such manner as the Secretary 
     prescribes, provide to the Secretary and the Secretary of 
     Housing and Urban Development detailed reports on the 
     operation of such method, including providing such 
     information as such Secretaries may require.
       ``(2) Allocation of returned state ceiling amounts.--In the 
     case of any rental reduction credit amount allocated to a 
     qualified building which is canceled as provided in 
     subsection (c)(4)((B)(i), the rental reduction credit agency 
     may, in lieu of treating such allocation as a returned credit 
     amount under subsection (c)(4)(A)(ii), elect to allocate, 
     upon the request of the taxpayer, such amount to any other 
     qualified building for which the credit amount allocated in 
     any preceding calendar year was too small because the 
     estimates made under subsection (c)(2)(B) were substantially 
     incorrect.
       ``(3) Renting to noneligible tenants.--If, after the 
     application of paragraphs (1)(C) (or any similar reallocation 
     under paragraph (1)(F)) and (2), a rental reduction credit 
     agency of a State determines that, because of the incorrect 
     estimates under subsection (c)(2)(B), the aggregate qualified 
     rental reduction amounts for all eligible units within a 
     qualified building will (on an ongoing basis) exceed the 
     rental reduction credit amount allocated to such building, a 
     taxpayer may elect, subject to subsection (g)(2) and only to 
     the extent necessary to eliminate such excess, rent vacant 
     eligible units without regard to the requirements that such 
     units be rented only to eligible tenants and at the rental 
     rate determined under subsection (b)(3).
       ``(e) Terms Relating to Rental Reduction Credit and 
     Requirements.--For purposes of this section--
       ``(1) Applicable percentage.--
       ``(A) In general.--The term `applicable percentage' means, 
     with respect to any qualified building, the percentage (not 
     greater than 110 percent) set by the rental reduction credit 
     agency at the time it allocates the rental reduction dollar 
     amount to such building.
       ``(B) Higher percentage for high-opportunity areas.--The 
     rental reduction credit agency may set a percentage under 
     subparagraph (A) up to 120 percent for any qualified building 
     which--
       ``(i) targets its eligible units for rental to families 
     with children, and
       ``(ii) is located in a neighborhood which has a poverty 
     rate of no more than 10 percent.
       ``(2) Credit period.--
       ``(A) In general.--The term `credit period' means, with 
     respect to any qualified building, the 15-year period 
     beginning with the first month for which the qualified rental 
     reduction agreement is in effect with respect to such 
     building.
       ``(B) State option to reduce period.--A rental reduction 
     credit agency may provide a credit period for any qualified 
     building which is less than 15 years.
       ``(3) Eligible unit.--
       ``(A) In general.--The term `eligible unit' means, with 
     respect to any qualified building, a unit--
       ``(i) which is occupied by an eligible tenant,
       ``(ii) the rent of which for any month equals 30 percent of 
     the monthly family income of the residents of such unit (as 
     determined under paragraph (5)),
       ``(iii) with respect to which the tenant is not 
     concurrently receiving rental assistance under any other 
     Federal program, and
       ``(iv) which is certified to the rental reduction credit 
     agency as an eligible unit for purposes of this section and 
     the qualified rental reduction agreement.
     Notwithstanding clause (iii), a State may provide in its 
     State rental reduction allocation plan that an eligible unit 
     shall also not include a unit with respect to which any 
     resident is receiving rental assistance under a State or 
     local program.
       ``(B) Limitation on number of units.--
       ``(i) In general.--The number of units which may be 
     certified as eligible units with respect to any qualified 
     building under subparagraph (A)(iv) at any time shall not 
     exceed the greater of--

       ``(I) 40 percent of the total units in such building, or
       ``(II) 25 units.

     In the case of an allocation to a project under subsection 
     (c)(1)(B), the limitation under the preceding sentence shall 
     be applied on a project basis and the certification of such 
     eligible units shall be allocated to each building in the 
     project, except that if buildings in such project are on non-
     contiguous tracts of land, buildings on each such tract shall 
     be treated as a separate project for purposes of applying 
     this sentence.
       ``(ii) Buildings receiving previous federal rental 
     assistance.--If, at any time prior to the entering into of a 
     qualified rental reduction agreement with respect to a 
     qualified building, tenants in units within such building had 
     been receiving project-based rental assistance under any 
     other Federal program, then, notwithstanding clause (i), the 
     maximum number of units which may be certified as eligible 
     units with respect to the building under subparagraph (A)(iv) 
     shall not be less than the sum of--

       ``(I) the maximum number of units in the building 
     previously receiving such assistance at any time before the 
     agreement takes effect, plus
       ``(II) the amount determined under clause (i) without 
     taking into account the units described in subclause (I).

       ``(4) Eligible tenant.--
       ``(A) In general.--The term `eligible tenant' means any 
     individual if the individual's family income does not exceed 
     the greater of--
       ``(i) 30 percent of the area median gross income (as 
     determined under section 42(g)(1)), or
       ``(ii) the applicable poverty line for a family of the size 
     involved.
       ``(B) Treatment of individuals whose incomes rise above 
     limit.--
       ``(i) In general.--Notwithstanding an increase in the 
     family income of residents of a unit above the income 
     limitation applicable under subparagraph (A), such residents 
     shall continue to be treated as eligible tenants if the 
     family income of such residents initially met such income 
     limitation and such unit continues to be certified as an 
     eligible unit under this section.
       ``(ii) No rental reduction for at least 2 years.--A 
     qualified rental reduction agreement with respect to a 
     qualified building shall provide that if, by reason of an 
     increase in family income described in clause (i), there is 
     no qualified rental reduction amount with respect to the 
     dwelling unit for 2 consecutive years, the taxpayer shall 
     rent the next available unit to an eligible tenant (without 
     regard to whether such unit is an eligible unit under this 
     section).
       ``(C) Applicable poverty line.--The term `applicable 
     poverty line' means the most recently published poverty line 
     (within the meaning of section 2110(c)(5) of the Social 
     Security Act (42 U.S.C. 1397jj(c)(5))) as of the time of the 
     determination as to whether an individual is an eligible 
     tenant.
       ``(5) Family income.--
       ``(A) In general.--Family income shall be determined in the 
     same manner as under section 8 of the United States Housing 
     Act of 1937.
       ``(B) Time for determining income.--
       ``(i) In general.--Except as provided in this subparagraph, 
     family income shall be determined at least annually on the 
     basis of income for the preceding calendar year.
       ``(ii) Families on fixed income.--If at least 90 percent of 
     the family income of the residents of a unit at the time of 
     any determination under clause (i) is derived from payments 
     under title II or XVI of the Social Security Act (or any 
     similar fixed income amounts specified by the Secretary), the 
     taxpayer may elect to treat such payments (or amounts) as the 
     family income of such residents for the year of the 
     determination and the 2 succeeding years, except that the 
     taxpayer shall, in such manner as the Secretary may 
     prescribe, adjust such amount for increases in the cost of 
     living.
       ``(iii) Initial income.--The Secretary may allow a State to 
     provide that the family income of residents at the time such 
     residents first rent a unit in a qualified building may be 
     determined on the basis of current or anticipated income.
       ``(iv) Special rules where family income is reduced.-- If 
     residents of a unit establish (in such manner as the rental 
     reduction credit agency provides) that their family income 
     has been reduced by at least 10 percent below such income for 
     the determination year--

       ``(I) such residents may elect, at such time and in such 
     manner as such agency may prescribe, to have their family 
     income redetermined, and
       ``(II) clause (ii) shall not apply to any of the 2 
     succeeding years described in such clause which are specified 
     in the election.

       ``(f) State Rental Reduction Allocation Plan.--
       ``(1) Adoption of plan required.--
       ``(A) In general.--For purposes of this section--
       ``(i) each State shall, before the allocation of its State 
     rental reduction credit ceiling, establish and have in effect 
     a State rental reduction allocation plan, and
       ``(ii) notwithstanding any other provision of this section, 
     the rental reduction credit amount allocated to any building 
     shall be zero unless such amount was allocated pursuant to a 
     State rental reduction allocation plan.
     Such plan shall only be adopted after such plan is made 
     public and at least 60 days has been allowed for public 
     comment.
       ``(B) State rental reduction allocation plan.--For purposes 
     of this section, the term `State rental reduction allocation 
     plan' means, with respect to any State, any plan of the State 
     meeting the requirements of paragraphs (2) and (3).
       ``(2) General plan requirements.--A plan shall meet the 
     requirements of this paragraph only if--
       ``(A) the plan sets forth the criteria and priorities which 
     a rental reduction credit

[[Page S7798]]

     agency of the State shall use in allocating the State rental 
     reduction credit ceiling to eligible units within a building,
       ``(B) the plan provides that no credit allocation shall be 
     made which is not in accordance with the criteria and 
     priorities set forth under subparagraph (A) unless such 
     agency provides a written explanation to the general public 
     for any credit allocation which is not so made and the 
     reasons why such allocation is necessary, and
       ``(C) the plan provides that such agency is required to 
     prioritize the renewal of existing credit allocations at the 
     time of the expiration of the qualified rental reduction 
     agreement with respect to the allocation, including, where 
     appropriate, a commitment within a qualified rental reduction 
     agreement that the credit allocation will be renewed if the 
     terms of the agreement have been met and sufficient new 
     credit authority is available.
       ``(3) Specific requirements.--A plan shall meet the 
     requirements of this paragraph only if--
       ``(A) the plan provides methods for determining--
       ``(i) the amount of rent which would be charged for a 
     substantially similar unit in the same building which is not 
     an eligible unit for purposes of subsection (b)(2)(A)(i), 
     including whether such determination may be made by self-
     certification or by undertaking rent reasonableness 
     assessments similar to assessments required under section 
     8(o)(10) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(o)(10)),
       ``(ii) the qualified rental reduction amounts under 
     subsection (c)(2)(B), and
       ``(iii) the applicable percentage under subsection (e)(1),
       ``(B) the plan provides a procedure that the rental 
     reduction credit agency (or an agent or other private 
     contractor of such agency) will follow in monitoring for--
       ``(i) noncompliance with the provisions of this section and 
     the qualified rental reduction agreement and in notifying the 
     Internal Revenue Service of any such noncompliance of which 
     such agency becomes aware, and
       ``(ii) noncompliance with habitability standards through 
     regular site visits,
       ``(C) the plan requires a person receiving a credit 
     allocation to report to the rental reduction credit agency 
     such information as is necessary to ensure compliance with 
     the provisions of this section and the qualified rental 
     reduction agreement, and
       ``(D) the plan provides methods by which any excess reserve 
     amounts which become available under subsection (d)(1)(C)(ii) 
     will be used to reduce rental payments of eligible tenants or 
     to address maintenance and repair needs in qualified 
     buildings, including how such assistance will be allocated 
     among eligible tenants and qualified buildings.
       ``(g) Qualified Rental Reduction Agreement.--For purposes 
     of this section--
       ``(1) In general.--The term `qualified rental reduction 
     agreement' means, with respect to any building which is 
     residential rental property (as defined in section 
     168(e)(2)(A)), a written, binding agreement between a rental 
     reduction credit agency and the taxpayer which specifies--
       ``(A) the number of eligible units within such building for 
     which a rental reduction credit amount is being allocated,
       ``(B) the credit period for such building,
       ``(C) the rental reduction credit amount allocated to such 
     building (and dwelling units within such building) and the 
     portion of such amount allocated to each month within the 
     credit period under subsection (c)(2)(B),
       ``(D) the applicable percentage to be used in computing the 
     qualified rental reduction amounts with respect to the 
     building,
       ``(E) the method for determining the amount of rent which 
     may be charged for eligible units within the building, and
       ``(F) whether--
       ``(i) the agency commits to entering into a new agreement 
     with the taxpayer if the terms of the agreement have been met 
     and sufficient new credit authority is available for such new 
     agreement, and
       ``(ii) the taxpayer is required to accept such new 
     agreement.
       ``(2) Tenant protections.--A qualified rental reduction 
     agreement shall provide the following:
       ``(A) Non-displacement of non-eligible tenants.--A taxpayer 
     receiving a rental reduction credit amount may not refuse to 
     renew the lease of or evict (other than for good cause) a 
     tenant of a unit who is not an eligible tenant at any time 
     during the credit period and such unit shall not be treated 
     as an eligible unit while such tenant resides there.
       ``(B) Only good cause evictions of eligible tenants.--A 
     taxpayer receiving a rental reduction credit amount may not 
     refuse to renew the lease of or evict (other than for good 
     cause) an eligible tenant of an eligible unit.
       ``(C) Mobility.--A taxpayer receiving a rental reduction 
     credit amount shall--
       ``(i) give priority to rent any available unit of suitable 
     size to tenants who are eligible tenants who are moving from 
     another qualified building where such tenants had lived at 
     least 1 year and were in good standing, and
       ``(ii) inform eligible tenants within the building of their 
     right to move after 1 year and provide a list maintained by 
     the State of qualified buildings where such tenants might 
     move.
       ``(iii) Fair housing and civil rights.--If a taxpayer 
     receives a rental reduction credit amount--

       ``(I) such taxpayer shall comply with the Fair Housing Act 
     with respect to the building, and
       ``(II) the receipt of such amount shall be treated as the 
     receipt of Federal financial assistance for purposes of 
     applying any Federal civil rights laws.

       ``(iv) Admissions preferences.--A taxpayer receiving a 
     rental reduction credit amount shall comply with any 
     admissions preferences established by the State for tenants 
     within particular demographic groups eligible for health or 
     social services.
       ``(3) Compliance requirements.--A qualified rental 
     reduction agreement shall provide that a taxpayer receiving a 
     rental reduction credit amount shall comply with all 
     reporting and other procedures established by the State to 
     ensure compliance with this section and such agreement.
       ``(4) Projects.--In the case of a rental reduction credit 
     allocated to a project consisting of more than 1 building, 
     the rental reduction credit agency may provide for a single 
     qualified rental reduction agreement which applies to all 
     buildings which are part of such project.
       ``(h) Certifications and Other Reports to Secretary.--
       ``(1) Certification with respect to 1st year of credit 
     period.--Following the close of the 1st taxable year in the 
     credit period with respect to any qualified building, the 
     taxpayer shall certify to the Secretary (at such time and in 
     such form and in such manner as the Secretary prescribes)--
       ``(A) the information described in subsection (g)(1) 
     required to be contained in the qualified rental reduction 
     agreement with respect to the building, and
       ``(B) such other information as the Secretary may require.
     In the case of a failure to make the certification required 
     by the preceding sentence on the date prescribed therefor, 
     unless it is shown that such failure is due to reasonable 
     cause and not to willful neglect, no credit shall be 
     allowable by reason of subsection (a) with respect to such 
     building for any taxable year ending before such 
     certification is made.
       ``(2) Annual reports to the secretary.--The Secretary may 
     require taxpayers to submit an information return (at such 
     time and in such form and manner as the Secretary prescribes) 
     for each taxable year setting forth--
       ``(A) the information described in paragraph (1)(A) for the 
     taxable year, and
       ``(B) such other information as the Secretary may require.
     The penalty under section 6652(j) shall apply to any failure 
     to submit the return required by the Secretary under the 
     preceding sentence on the date prescribed therefor.
       ``(3) Annual reports from rental reduction credit agency.--
       ``(A) Reports.--Each rental reduction credit agency which 
     allocates any rental reduction credit amount to 1 or more 
     buildings for any calendar year shall submit to the Secretary 
     (at such time and in such manner as the Secretary shall 
     prescribe) an annual report specifying--
       ``(i) the amount of rental reduction credit amounts 
     allocated to each such building for such year,
       ``(ii) sufficient information to identify each such 
     building and the taxpayer with respect thereto,
       ``(iii) information as to the demographic and income 
     characteristics of eligible tenants of all such buildings to 
     which such amounts were allocated, and
       ``(iv) such other information as the Secretary may require.
       ``(B) Penalty.--The penalty under section 6652(j) shall 
     apply to any failure to submit the report required by 
     subparagraph (A) on the date prescribed therefor.
       ``(C) Information made public.--The Secretary shall, in 
     consultation with Secretary of Housing and Urban Development, 
     make information reported under this paragraph for each 
     qualified building available to the public annually to the 
     greatest degree possible without disclosing personal 
     information about individual tenants.
       ``(i) Regulations and Guidance.--The Secretary shall 
     prescribe such regulations or guidance as may be necessary to 
     carry out the purposes of this section, including--
       ``(1) providing necessary forms and instructions, and
       ``(2) providing for proper treatment of projects for which 
     a credit is allowed both under this section and section 
     42.''.
       (b) Administrative Fees.-- No provision of, or amendment 
     made by, this section shall be construed to prevent a rental 
     reduction credit agency of a State from imposing fees to 
     cover its costs or from levying any such fee on a taxpayer 
     applying for or receiving a rental reduction credit amount.
       (c) Conforming Amendments.--
       (1) Section 6211(b)(4) of such Code is amended by inserting 
     ``36C,'' after ``36B,''.
       (2) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``36C,'' after ``36B,''.
       (3) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 36B the 
     following new item:
``Sec. 36C. Renters credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

[[Page S7799]]

  


     SEC. 7002. MINIMUM CREDIT RATE.

       (a) In General.--Subsection (b) of section 42 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by redesignating paragraph (3) as paragraph (4), and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Minimum credit rate.--In the case of any new or 
     existing building to which paragraph (2) does not apply, the 
     applicable percentage shall not be less than 4 percent.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to buildings which receive allocations of housing 
     credit dollar amount or, in the case of projects financed by 
     tax-exempt bonds as described in section 42(h)(4) of the 
     Internal Revenue Code of 1986, which are placed in service by 
     the taxpayer after January 20, 2020.

                TITLE VIII--EXPANDING MEDICAID COVERAGE

     SEC. 8001. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY 
                   ELIGIBLE INDIVIDUALS.

       (a) In General.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (1) in subsection (y)(1)--
       (A) in subparagraph (A), by striking ``2014, 2015, and 
     2016'' and inserting ``each of the first 3 consecutive 12-
     month periods in which the State provides medical assistance 
     to newly eligible individuals'';
       (B) in subparagraph (B), by striking ``2017'' and inserting 
     ``the fourth consecutive 12-month period in which the State 
     provides medical assistance to newly eligible individuals'';
       (C) in subparagraph (C), by striking ``2018'' and inserting 
     ``the fifth consecutive 12-month period in which the State 
     provides medical assistance to newly eligible individuals'';
       (D) in subparagraph (D), by striking ``2019'' and inserting 
     ``the sixth consecutive 12-month period in which the State 
     provides medical assistance to newly eligible individuals''; 
     and
       (E) in subparagraph (E), by striking ``2020 and each year 
     thereafter'' and inserting ``the seventh consecutive 12-month 
     period in which the State provides medical assistance to 
     newly eligible individuals and each such period thereafter''; 
     and
       (2) in subsection (z)(2)(B)(i)(II), by inserting ``(as in 
     effect on the day before the date of enactment of the 
     Economic Justice Act)'' after ``subsection (y)(1)''.
       (b) Retroactive Application.--The amendments made by 
     subsection (a)(1) shall take effect as if included in the 
     enactment of Public Law 111-148 and shall apply to amounts 
     expended by any State for medical assistance for newly 
     eligible individuals described in subclause (VIII) of section 
     1902(a)(10)(A)(i) of the Social Security Act under a State 
     Medicaid plan (or a waiver of such plan) during the period 
     before the date of enactment of this Act.

           TITLE IX--ADDRESSING MATERNAL MORTALITY AND HEALTH

     SEC. 9001. EXPANDING MEDICAID COVERAGE FOR PREGNANT 
                   INDIVIDUALS.

       (a) Extending Continuous Medicaid and CHIP Coverage for 
     Pregnant and Postpartum Women.--
       (1) Medicaid.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (A) in section 1902(e)(6), by striking ``60-day period'' 
     and inserting ``365-day period'';
       (B) in section 1902(l)(1)(A), by striking ``60-day period'' 
     and inserting ``365-day period'';
       (C) in section 1903(v)(4)(A)(i), by striking ``60-day 
     period'' and inserting ``365-day period''; and
       (D) in section 1905(a), in the 4th sentence in the matter 
     following paragraph (30), by striking ``60-day period'' and 
     inserting ``365-day period''.
       (2) CHIP.--Section 2112 of the Social Security Act (42 
     U.S.C. 1397ll) is amended by striking ``60-day period'' each 
     place it appears and inserting ``365-day period''.
       (b) Requiring Full Benefits for Pregnant and Postpartum 
     Women.--
       (1) Medicaid.--
       (A) In general.--Paragraph (5) of section 1902(e) of the 
     Social Security Act (24 U.S.C. 1396a(e)) is amended to read 
     as follows:
       ``(5) Any woman who is eligible for medical assistance 
     under the State plan or a waiver of such plan, including an 
     individual eligible for a pregnancy-related benefit or whose 
     eligibility under such plan or waiver is limited to a 
     particular illness or disorder or type of services provided, 
     and who is, or who while so eligible becomes, pregnant, shall 
     continue to be eligible under the plan or waiver for medical 
     assistance through the end of the month in which the 365-day 
     period (beginning on the last day of her pregnancy) ends, 
     regardless of the basis for the woman's eligibility for 
     medical assistance, including if the woman's eligibility for 
     medical assistance is on the basis of being pregnant, is for 
     a pregnancy-related benefit, or is limited to a particular 
     illness or disorder or type of services provided.''.
       (B) Conforming amendment.--Section 1902(a)(10) of the 
     Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in 
     the matter following subparagraph (G) by striking ``(VII) the 
     medical assistance'' and all that follows through 
     ``complicate pregnancy,''.
       (2) CHIP.--Section 2107(e)(1) of the Social Security Act 
     (42 U.S.C. 1397gg(e)(1)) is amended--
       (A) by redesignating subparagraphs (H) through (S) as 
     subparagraphs (I) through (T), respectively; and
       (B) by inserting after subparagraph (G), the following:
       ``(H) Section 1902(e)(5) (requiring 365-day continuous 
     coverage for pregnant and postpartum women).''.
       (c) Requiring Coverage of Oral Health Services for Pregnant 
     and Postpartum Women.--
       (1) Medicaid.--Section 1905 of the Social Security Act (42 
     U.S.C. 1396d) is amended--
       (A) in subsection (a)(4)--
       (i) by striking ``; and (D)'' and inserting ``; (D)''; and
       (ii) by inserting ``; and (E) oral health services for 
     pregnant and postpartum women (as defined in subsection 
     (gg))'' after ``subsection (bb))''; and
       (B) by adding at the end the following new subsection:
       ``(gg) Oral Health Services for Pregnant and Postpartum 
     Women.--
       ``(1) In general.--For purposes of this title, the term 
     `oral health services for pregnant and postpartum women' 
     means dental services necessary to prevent disease and 
     promote oral health, restore oral structures to health and 
     function, and treat emergency conditions that are furnished 
     to a woman during pregnancy (or during the 365-day period 
     beginning on the last day of the pregnancy).
       ``(2) Coverage requirements.--To satisfy the requirement to 
     provide oral health services for pregnant and postpartum 
     women, a State shall, at a minimum, provide coverage for 
     preventive, diagnostic, periodontal, and restorative care 
     consistent with recommendations for perinatal oral health 
     care and dental care during pregnancy from the American 
     Academy of Pediatric Dentistry and the American College of 
     Obstetricians and Gynecologists.''.
       (2) CHIP.--Section 2103(c)(6)(A) of the Social Security Act 
     (42 U.S.C. 1397cc(c)(6)(A)) is amended by inserting ``or a 
     targeted low-income pregnant woman'' after ``targeted low-
     income child''.
       (d) Maintenance of Effort.--
       (1) Medicaid.--Section 1902 of the Social Security Act (42 
     U.S.C. 1396a) is amended--
       (A) in paragraph (74), by striking ``subsection (gg); and'' 
     and inserting ``subsections (gg) and (tt);''; and
       (B) by adding at the end the following new subsection:
       ``(tt) Maintenance of Effort Related to Low-Income Pregnant 
     Women.--For calendar quarters beginning on or after January 
     1, 2021, and before January 1, 2024, the Federal medical 
     assistance percentage otherwise determined under section 
     1905(b) for a State for the quarter shall be reduced by 0.5 
     percentage points if the State--
       ``(1) has in effect under such plan eligibility standards, 
     methodologies, or procedures (including any enrollment cap or 
     other numerical limitation on enrollment, any waiting list, 
     any procedures designed to delay the consideration of 
     applications for enrollment, or similar limitation with 
     respect to enrollment) for individuals described in 
     subsection (l)(1) who are eligible for medical assistance 
     under the State plan or waiver under subsection 
     (a)(10)(A)(ii)(IX) that are more restrictive than the 
     eligibility standards, methodologies, or procedures, 
     respectively, for such individuals under such plan or waiver 
     that are in effect on the date of the enactment of this 
     subsection; or
       ``(2) provides medical assistance to individuals described 
     in subsection (l)(1) who are eligible for medical assistance 
     under such plan or waiver under subsection (a)(10)(A)(ii)(IX) 
     at a level that is less than the level at which the State 
     provides such assistance to such individuals under such plan 
     or waiver on the date of the enactment of this subsection.''.
       (2) CHIP.--Section 2112 of the Social Security Act (42 
     U.S.C. 1397ll), as amended by subsection (b), is further 
     amended by adding at the end the following subsection:
       ``(g) Maintenance of Effort.--For calendar quarters 
     beginning on or after January 1, 2021, and before January 1, 
     2024, the enhanced Federal medical assistance percentage 
     otherwise determined for a State for the quarter under 
     section 2105(b) shall be reduced by 0.5 percentage points if 
     the State--
       ``(1) has in effect under such plan eligibility standards, 
     methodologies, or procedures (including any enrollment cap or 
     other numerical limitation on enrollment, any waiting list, 
     any procedures designed to delay the consideration of 
     applications for enrollment, or similar limitation with 
     respect to enrollment) for targeted low-income pregnant women 
     that are more restrictive than the eligibility standards, 
     methodologies, or procedures, respectively, under such plan 
     that are in effect on the date of the enactment of this 
     subsection; or
       ``(2) provides pregnancy-related assistance to targeted 
     low-income pregnant women under such plan at a level that is 
     less than the level at which the State provides such 
     assistance to such women under such plan on the date of the 
     enactment of this subsection.''.
       (e) Effective Date.--The amendments made by subsections (a) 
     through (d) shall take effect January 1, 2021, without regard 
     to whether final regulations to carry out such amendments 
     have been promulgated as of such date.

     SEC. 9002. COMMUNITY ENGAGEMENT IN MATERNAL MORTALITY REVIEW 
                   COMMITTEES.

       (a) In General.--Section 317K of the Public Health Service 
     Act (42 U.S.C. 247b-12) is amended--
       (1) in subsection (d), by adding at the end the following:

[[Page S7800]]

       ``(9) Grants to promote representative community engagement 
     in maternal mortality review committees.--
       ``(A) In general.--The Secretary, using funds made 
     available pursuant to subparagraph (C), may provide 
     assistance to an applicable maternal mortality review 
     committee of a State, Indian tribe, tribal organization, or 
     urban Indian organization, for purposes of--
       ``(i) selecting for inclusion in the membership of such a 
     committee community members from the State, Indian tribe, 
     tribal organization, or urban Indian organization, and, in 
     making such selections, prioritizing community members who 
     can increase the diversity of the committee's membership with 
     respect to race and ethnicity, location, and professional 
     background, including members with non-clinical experiences;
       ``(ii) to the extent applicable, addressing barriers to 
     maternal mortality review committee participation for 
     community members, including required training, 
     transportation barriers, compensation, and other supports as 
     may be necessary;
       ``(iii) establishing initiatives to conduct outreach and 
     community engagement efforts within communities throughout 
     the State or Indian Tribe to seek input from community 
     members on the work of such maternal mortality review 
     committee, with a particular focus on outreach to women of 
     color; and
       ``(iv) releasing public reports assessing--

       ``(I) the pregnancy-related death and pregnancy-associated 
     death review processes of the maternal mortality review 
     committee, with a particular focus on the maternal mortality 
     review committee's sensitivity to the unique circumstances of 
     women of color who have suffered pregnancy-related deaths; 
     and
       ``(II) the impact of the use of funds made available under 
     subparagraph (C) on increasing the diversity of the maternal 
     mortality review committee membership and promoting community 
     engagement efforts throughout the State or Indian tribe.

       ``(B) Technical assistance.--The Secretary shall provide 
     (either directly through the Department of Health and Human 
     Services or by contract) technical assistance to any maternal 
     mortality review committee receiving a grant under this 
     paragraph on best practices for increasing the diversity of 
     the maternal mortality review committee's membership and for 
     conducting effective community engagement throughout the 
     State or Indian tribe.
       ``(C) Appropriations.--In addition to any funds made 
     available under subsections (g) and (h)(1), to carry out this 
     paragraph, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $10,000,000 for each of fiscal years 
     2021 through 2025.''; and
       (2) in subsection (e)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3)(B), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) the term `urban Indian organization' has the meaning 
     given the term in section 4 of the Indian Health Care 
     Improvement Act.''.
       (b) Reservation of Funds.--Section 317K(f) of the Public 
     Health Service Act (42 U.S.C. 247b-12(f)) is amended by 
     adding at the end the following: ``Of the amount made 
     available under this subsection for fiscal year 2021 and any 
     subsequent fiscal year, not less than $3,000,000 shall be 
     reserved for grants to Indian tribes, tribal organizations, 
     or urban Indian organizations.''.

     SEC. 9003. INCREASED MATERNAL LEVELS OF CARE IN COMMUNITIES 
                   OF COLOR.

       Section 317K of the Public Health Service Act (42 U.S.C. 
     247b-12), as amended by section 9002, is further amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively;
       (2) by inserting after subsection (d) the following:
       ``(e) Levels of Maternal and Neonatal Care.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall establish or continue in effect a program to award 
     competitive grants to eligible entities to assist with the 
     classification of birthing facilities based on the level of 
     risk-appropriate maternal and neonatal care such entities can 
     provide in order to strategically improve maternal and infant 
     care delivery and health outcomes.
       ``(2) Use of funds.--An eligible entity receiving a grant 
     under this subsection shall use such funds to--
       ``(A) coordinate an assessment of the risk-appropriate 
     maternal and neonatal care of a State, jurisdiction, or 
     region, based on the most recent guidelines and policy 
     statements issued by the professional associations 
     representing relevant clinical specialties, including 
     obstetrics and gynecology and pediatrics; and
       ``(B) work with relevant stakeholders, such as hospitals, 
     hospital associations, perinatal quality collaboratives, 
     members of the communities most affected by racial, ethnic, 
     and geographic maternal health inequities, maternal mortality 
     review committees, and maternal and neonatal health care 
     providers and community-based birth workers to review the 
     findings of the assessment made of activities carried out 
     under subparagraph (A); and
       ``(C) implement changes, as appropriate, based on 
     identified gaps in perinatal services and differences in 
     maternal and neonatal outcomes in the State, jurisdiction, or 
     region for which such an assessment was conducted to support 
     the provision of risk-appropriate care, including building up 
     capacity as needed in communities experiencing high rates of 
     maternal mortality and severe maternal morbidity and 
     communities of colors.
       ``(3) Eligible entities.--To be eligible for a grant under 
     this subsection, a State health department, Indian tribe, or 
     other organization serving Indian tribes, such as a tribal 
     health department or other organization fulfilling similar 
     functions for the Indian tribe, shall submit to the Secretary 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require.
       ``(4) Period.--A grant awarded under this subsection shall 
     be made for a period of 3 years. Any supplemental award made 
     to a grantee under this subsection may be made for a period 
     of less than 3 years.
       ``(5) Report to congress.--Not later than January 1, 2023, 
     the Secretary shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives, and make publicly available, a report 
     concerning the impact of the programs established or 
     continued under this subsection.''; and
       (3) by adding at the end the following:
       ``(h) Additional Funding.--
       ``(1) Appropriations for maternal mortality review 
     committees.--In addition to any funds made available under 
     subsection (g) or subsection (d)(9)(C), to carry out 
     subsection (d), there are authorized to be appropriated, and 
     there are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $30,000,000 for each of fiscal years 
     2021 through 2025.
       ``(2) Appropriations for increasing maternal levels of 
     care.--In addition to any funds made available under 
     subsection (g), to carry out this section, there are 
     authorized to be appropriated, and there are appropriated, 
     out of amounts in the Treasury not otherwise appropriated, 
     $30,000,000 for each of fiscal years 2021 through 2025.''.

     SEC. 9004. REPORTING ON PREGNANCY-RELATED AND PREGNANCY-
                   ASSOCIATED DEATHS AND COMPLICATIONS.

       (a) In General.--The Secretary of Health and Human Services 
     shall encourage each State to voluntarily submit to the 
     Secretary annual reports containing the findings of the 
     maternal mortality review committee of the State with respect 
     to each maternal death in the State that the committee 
     reviewed during the applicable year.
       (b) Maternal and Infant Health.--The Director of the 
     Centers for Disease Control and Prevention shall--
       (1) update the Pregnancy Mortality Surveillance System or 
     develop a separate system so that such system is capable of 
     including data obtained from State maternal mortality review 
     committees; and
       (2) provide technical assistance to States in reviewing 
     cases of pregnancy-related complications and pregnancy-
     associated complications, including assistance with 
     disaggregating data based on race, ethnicity, and other 
     protected classes.

     SEC. 9005. RESPECTFUL MATERNITY CARE COMPLIANCE PROGRAM.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     award grants to accredited hospitals, health systems, and 
     other maternity care delivery settings to establish within 
     one or more hospitals or other birth settings a respectful 
     maternity care compliance office.
       (b) Office Requirements.--A respectful maternity care 
     compliance office funded through a grant under this section 
     shall--
       (1) institutionalize mechanisms to allow patients receiving 
     maternity care services, the families of such patients, or 
     doulas or other perinatal workers supporting such patients to 
     report instances of disrespect or evidence of bias on the 
     basis of race, ethnicity, or another protected class;
       (2) institutionalize response mechanisms through which 
     representatives of the office can directly follow up with the 
     patient, if possible, and the reporter in a timely manner;
       (3) prepare and make publicly available a hospital- or 
     health system-wide strategy to reduce bias on the basis of 
     race, ethnicity, or another protected class in the delivery 
     of maternity care that includes--
       (A) information on the training programs to reduce and 
     prevent bias, racism, and discrimination on the basis of 
     race, ethnicity, or another protected class for all employees 
     in maternity care settings; and
       (B) the development of methods to routinely assess the 
     extent to which bias, racism, or discrimination on the basis 
     of race, ethnicity, or another protected class are present in 
     the delivery of maternity care to patients; and
       (4) provide annual reports to the Secretary with 
     information about each case reported to the compliance office 
     over the course of the year containing such information as 
     the Secretary may require, such as--
       (A) de-identified demographic information on the patient in 
     the case, such as race, ethnicity, sex (including sexual 
     orientation and gender identity), and primary language;
       (B) the content of the report from the patient or the 
     family of the patient to the compliance office; and

[[Page S7801]]

       (C) the response from the compliance office.
       (c) Secretary Requirements.--
       (1) Processes.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish 
     processes for--
       (A) disseminating best practices for establishing and 
     implementing a respectful maternity care compliance office 
     within a hospital or other birth setting;
       (B) promoting coordination and collaboration between 
     hospitals, health systems, and other maternity care delivery 
     settings on the establishment and implementation of 
     respectful maternity care compliance offices; and
       (C) evaluating the effectiveness of respectful maternity 
     care compliance offices on maternal health outcomes and 
     patient and family experiences, especially for women of color 
     and their families.
       (2) Study.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, through a contract with 
     an independent research organization, shall conduct a study 
     on strategies to address disrespect or bias on the basis of 
     race, ethnicity, or another protected class in the delivery 
     of maternity care services.
       (B) Components of study.--The study under subparagraph (A) 
     shall include the following:
       (i) An assessment of the reports submitted to the Secretary 
     from the respectful maternity care compliance offices 
     pursuant to subsection (b)(4).
       (ii) Based on the assessment under clause (i), 
     recommendations for potential accountability mechanisms 
     related to cases of disrespect or bias on the basis of race, 
     ethnicity, or another protected class in the delivery of 
     maternity care services at hospitals and other birth 
     settings, taking into consideration medical and non-medical 
     factors that contribute to adverse patient experiences and 
     maternal health outcomes.
       (C) Report.--The Secretary shall submit to Congress and 
     make publicly available a report on the results of the study 
     under this paragraph.
       (d) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $10,000,000 for each of fiscal years 
     2021 through 2025.

     SEC. 9006. BIAS TRAINING FOR ALL EMPLOYEES IN MATERNITY CARE 
                   SETTINGS.

       Part B of title VII of the Public Health Service Act (42 
     U.S.C. 293 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 742. TRAINING FOR ALL EMPLOYEES IN MATERNITY CARE 
                   SETTINGS.

       ``(a) Grants.--The Secretary shall award grants to eligible 
     entities for the purposes of carrying out programs to reduce 
     and prevent bias, racism, and discrimination in maternity 
     care settings.
       ``(b) Special Consideration.--In awarding grants under 
     subsection (a), the Secretary shall give special 
     consideration to applications for programs that would--
       ``(1) apply to all birthing professionals and any employees 
     who interact with pregnant and postpartum women in the 
     provider setting, including front desk employees, 
     sonographers, schedulers, health care professionals, hospital 
     or health system administrators, and security staff;
       ``(2) emphasize periodic, as opposed to one-time, trainings 
     for all birthing professionals and employees described in 
     paragraph (1);
       ``(3) address implicit bias and explicit bias;
       ``(4) be delivered in ongoing education settings for 
     providers maintaining their licenses, with a preference for 
     trainings that provide continuing education units and 
     continuing medical education;
       ``(5) include trauma-informed care best practices and an 
     emphasis on shared decision-making between providers and 
     patients;
       ``(6) include a service-learning component that sends 
     providers to work in underserved communities to better 
     understand patients' lived experiences;
       ``(7) be delivered in undergraduate programs that funnel 
     into medical schools, such as biology and pre-medicine 
     majors;
       ``(8) be delivered at local agencies (as defined in section 
     17(b) of the Child Nutrition Act of 1966) that provide 
     benefits or services under the special supplemental nutrition 
     program for women, infants, and children established by that 
     section;
       ``(9) integrate bias training in obstetric emergency 
     simulation trainings;
       ``(10) offer training to all maternity care providers on 
     the value of racially, ethnically, and professionally diverse 
     maternity care teams to provide culturally sensitive care, 
     including community health workers, peer supporters, 
     certified lactation consultants, nutritionists and 
     dietitians, social workers, home visitors, and navigators; or
       ``(11) be based on one or more programs designed by a 
     historically Black college or university.
       ``(c) Application.--To seek a grant under subsection (a), 
     an entity shall submit an application at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       ``(d) Reporting.--Each recipient of a grant under this 
     section shall annually submit to the Secretary a report on 
     the status of activities conducted using the grant, 
     including, as applicable, a description of the impact of 
     training provided through the grant on patient outcomes and 
     patient experience for women of color and their families.
       ``(e) Best Practices.--Based on the annual reports 
     submitted pursuant to subsection (d), the Secretary--
       ``(1) shall produce an annual report on the findings 
     resulting from programs funded through this section including 
     findings related to effectiveness of such trainings on 
     improving patient outcomes and patient experience;
       ``(2) shall disseminate such report to all recipients of 
     grants under this section and to the public; and
       ``(3) may include in such report findings on best practices 
     for improving patient outcomes and patient experience for 
     women of color and their families in maternity care settings.
       ``(f) Definition.--In this section the term `postpartum' 
     means the 1-year period beginning on the last day of a 
     woman's pregnancy.
       ``(g) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $15,000,000 for each of fiscal years 
     2021 through 2025.''.

     SEC. 9007. STUDY ON REDUCING AND PREVENTING BIAS, RACISM, AND 
                   DISCRIMINATION IN MATERNITY CARE SETTINGS.

       (a) In General.--The Secretary of Health and Human Services 
     shall seek to enter into an agreement, not later than 90 days 
     after the date of enactment of this Act, with the National 
     Academies of Sciences, Engineering, and Medicine (referred to 
     in this section as the ``National Academies'') under which 
     the National Academies agree to--
       (1) conduct a study on the design and implementation of 
     programs to reduce and prevent bias, racism, and 
     discrimination in maternity care settings; and
       (2) not later than 2 years after the date of enactment of 
     this Act, complete the study and transmit a report on the 
     results of the study to Congress.
       (b) Possible Topics.--The agreement entered into pursuant 
     to subsection (a) may provide for the study of any of the 
     following:
       (1) The development of a scorecard for programs designed to 
     reduce and prevent bias, racism, and discrimination in 
     maternity care settings to assess the effectiveness of such 
     programs in improving patient outcomes and patient experience 
     for women of color and their families.
       (2) Determination of the types of training to reduce and 
     prevent bias, racism, and discrimination in maternity care 
     settings that are demonstrated to improve patient outcomes or 
     patient experience for women of color and their families.
       (c) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $5,000,000 for fiscal year 2021.

     SEC. 9008. MATERNAL HEALTH RESEARCH NETWORK.

       Subpart 7 of part C of title IV of the Public Health 
     Service Act (42 U.S.C. 285g et seq.) is amended by adding at 
     the end the following:

     ``SEC. 452H. MATERNAL HEALTH RESEARCH NETWORK.

       ``(a) Establishment.--The Secretary, acting through the 
     Director of NIH, shall establish a National Maternal Health 
     Research Network (referred to in this section as the 
     `Network'), to more effectively support innovative research 
     to reduce maternal mortality and promote maternal health.
       ``(b) Activities.--The Secretary, acting through the 
     Network, may carry out activities to support mechanistic, 
     translational, clinical, behavioral, or epidemiologic 
     research, as well as community-informed research on 
     structural risk factors to address unmet maternal health 
     research needs specific to the underlying causes of maternal 
     mortality and severe maternal morbidity and their treatment. 
     Such activities should be focused on optimizing improved 
     diagnostics and clinical treatments, improving health 
     outcomes, and reducing inequities. Such activities should 
     include studies focused on racial disparities and 
     disproportionate maternal mortality and severe maternal 
     morbidity affecting communities of color.
       ``(c) Existing Networks.--In carrying out this section, the 
     Secretary may utilize or coordinate with the Maternal Fetal 
     Medicine Units Network and the Obstetric-Fetal Pharmacology 
     Research Centers Network.
       ``(d) Use of Funds.--Amounts appropriated to carry out this 
     section may be used to support the Network for activities 
     related to maternal mortality or severe maternal morbidity 
     that lead to potential therapies or clinical practices that 
     will improve maternal health outcomes and reduce inequities. 
     Amounts provided to such Network shall be used to supplement, 
     and not supplant, other funding provided to such Network for 
     such activities.
       ``(e) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $100,000,000 for each of fiscal years 
     2021 through 2025.''.

     SEC. 9009. INNOVATION IN MATERNITY CARE TO CLOSE RACIAL AND 
                   ETHNIC MATERNAL HEALTH DISPARITIES IN MENTAL 
                   HEALTH AND SUBSTANCE USE DISORDER TREATMENT 
                   GRANTS.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following:

[[Page S7802]]

  


     ``SEC. 399V-7. INNOVATION IN MATERNITY CARE TO CLOSE RACIAL 
                   AND ETHNIC MATERNAL HEALTH DISPARITIES IN 
                   MENTAL HEALTH AND SUBSTANCE USE DISORDER 
                   TREATMENT GRANTS.

       ``(a) In General.--The Secretary shall award grants to 
     eligible entities to establish, implement, evaluate, or 
     expand innovative models in maternity care that are designed 
     to improve access to mental health and substance use disorder 
     treatment.
       ``(b) Use of Funds.--An eligible entity receiving a grant 
     under this section may use the grant to establish, implement, 
     evaluate, or expand innovative models described in subsection 
     (a) including--
       ``(1) collaborative maternity care models to improve 
     maternal mental health, treat maternal substance use 
     disorders, and reduce maternal mortality and severe maternal 
     morbidity, especially for women of color;
       ``(2) evidence-based programming at clinics that--
       ``(A) provide wraparound services for women with substance 
     use disorders in the prenatal and postpartum periods that may 
     include multidisciplinary staff, access to all evidence-based 
     medication-assisted treatment, psychotherapy, contingency 
     management, and recovery supports; or
       ``(B) make referrals for any such services that are not 
     provided within the clinic;
       ``(3) evidence-based programs at freestanding birth centers 
     that provide culturally sensitive maternal mental and 
     behavioral health care education, treatments, and services, 
     and other wraparound supports for women throughout the 
     prenatal and postpartum period; and
       ``(4) the development and implementation of evidence-based 
     programs, including toll-free telephone hotlines, that 
     connect maternity care providers with women's mental health 
     clinicians to provide maternity care providers with guidance 
     on addressing maternal mental and behavioral health 
     conditions identified in patients.
       ``(c) Special Consideration.--In awarding grants under this 
     section, the Secretary shall give special consideration to 
     applications for models that will--
       ``(1) operate in--
       ``(A) areas experiencing high rates of maternal mortality;
       ``(B) areas with severe maternal morbidity;
       ``(C) communities of color; or
       ``(D) health professional shortage areas designated under 
     section 332;
       ``(2) be led by women of color or women from communities 
     experiencing high rates of maternal mortality or severe 
     maternal morbidity; or
       ``(3) be implemented with a culturally sensitive approach 
     that is focused on improving outcomes for women of color or 
     women from communities experiencing high rates of maternal 
     mortality or severe maternal morbidity.
       ``(d) Evaluation.--As a condition on receipt of a grant 
     under this section, an eligible entity shall agree to provide 
     annual evaluations of the activities funded through the grant 
     to the Secretary. Such evaluations may address--
       ``(1) the effects of such activities on maternal health 
     outcomes and subjective assessments of patient and family 
     experiences, especially for women of color or women from 
     communities experiencing high rates of maternal mortality or 
     severe maternal morbidity; and
       ``(2) the cost-effectiveness of such activities.
       ``(e) Definitions.--In this section:
       ``(1) The term `eligible entity' means any public or 
     private entity.
       ``(2) The term `collaborative maternity care' means an 
     integrated care model that includes the delivery of maternal 
     mental and behavioral health care services in primary clinics 
     or other care settings familiar to pregnant and postpartum 
     patients.
       ``(3) The term `freestanding birth center' has the meaning 
     given that term under section 1905(l)(3)(B) of the Social 
     Security Act.
       ``(f) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $100,000,000 for each of fiscal years 
     2021 through 2025.''.

     SEC. 9010. GRANTS TO GROW AND DIVERSIFY THE PERINATAL 
                   WORKFORCE.

       Title VII of the Public Health Service Act (42 U.S.C. 292 
     et seq.) is amended by inserting after section 757 (42 U.S.C. 
     294f) the following:

     ``SEC. 758. PERINATAL WORKFORCE GRANTS.

       ``(a) In General.--The Secretary may award grants to 
     institutions of higher education to establish or expand 
     programs described in subsection (b) to grow and diversify 
     the perinatal workforce.
       ``(b) Use of Funds.--Recipients of grants under this 
     section shall use the grants to grow and diversify the 
     perinatal workforce by--
       ``(1) establishing programs that provide education and 
     training to individuals seeking appropriate licensing or 
     certification as--
       ``(A) physician assistants or nurse practitioners who will 
     complete clinical training in the field of maternal and 
     perinatal health; and
       ``(B) other perinatal health workers such as community 
     health workers, peer supporters, certified lactation 
     consultants, nutritionists and dietitians, social workers, 
     home visitors, and navigators; and
       ``(2) expanding the capacity of existing programs described 
     in paragraph (1), for the purposes of increasing the number 
     of students enrolled in such programs, including by awarding 
     scholarships for students.
       ``(c) Prioritization.--In awarding grants under this 
     section, the Secretary shall give priority to any institution 
     of higher education that--
       ``(1) has demonstrated a commitment to recruiting and 
     retaining students from communities of color, particularly 
     from demographic groups experiencing high rates of maternal 
     mortality and severe maternal morbidity including communities 
     of color;
       ``(2) has developed a strategy to recruit into, and retain, 
     a diverse pool of students the perinatal workforce program 
     supported by funds received through the grant, particularly 
     from demographic groups experiencing high rates of maternal 
     mortality and severe maternal morbidity, including 
     communities of color;
       ``(3) has developed a strategy to recruit and retain 
     students who plan to practice in a health professional 
     shortage area (as defined in section 332) or medically 
     underserved community (as defined in section 799B);
       ``(4) has developed a strategy to recruit and retain 
     students who plan to practice in an area with significant 
     racial and ethnic disparities in maternal health outcomes, 
     including communities of color; and
       ``(5) includes in the standard curriculum for all students 
     within the perinatal workforce program a bias, racism, or 
     discrimination training program that includes training on 
     explicit and implicit bias.
       ``(d) Reporting.--As a condition on receipt of a grant 
     under this section for a perinatal workforce program , an 
     institution of higher education shall agree to submit to the 
     Secretary an annual report on the activities conducted 
     through the grant, including--
       ``(1) the number and demographics of students participating 
     in the program;
       ``(2) the extent to which students in the program are 
     entering careers in--
       ``(A) health professional shortage areas (as defined in 
     section 332)or medically underserved community (as defined in 
     section 799B); and
       ``(B) areas with significant racial and ethnic disparities 
     in maternal health outcomes including communities of color; 
     and
       ``(3) whether the institution has included in the standard 
     curriculum for all students a bias, racism, or discrimination 
     training program that includes explicit and implicit bias, 
     and if so, the effectiveness of such training program.
       ``(e) Period of Grants.--The period of a grant under this 
     section shall be up to 5 years.
       ``(f) Application.--An entity desiring a grant under this 
     section shall submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require, including any information required for 
     consideration for priority under subsection (c).
       ``(g) Technical Assistance.--The Secretary shall provide, 
     directly or by contract, technical assistance to institutions 
     of higher education seeking or receiving a grant under this 
     section on the development, use, evaluation, and post-grant 
     period sustainability of the perinatal workforce programs or 
     schools proposed to be, or being, established or expanded 
     through the grant.
       ``(h) Report by Secretary.--Not later than 4 years after 
     the date of enactment of this section, the Secretary shall 
     prepare and submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives, and post on the 
     internet website of the Department of Health and Human 
     Services, a report on the effectiveness of the grant program 
     under this section at--
       ``(1) recruiting and retaining students from communities 
     experiencing high rates of maternal mortality and severe 
     maternal morbidity and communities of color;
       ``(2) increasing the number of physician assistants or 
     nurse practitioners who will complete clinical training in 
     the field of maternal and perinatal health, and other 
     perinatal health workers, from demographic groups 
     experiencing high rates of maternal mortality and severe 
     maternal morbidity and communities of color;
       ``(3) increasing the number of physician assistants or 
     nurse practitioners who will complete clinical training in 
     the field of maternal and perinatal health, and other 
     perinatal health workers, working in health professional 
     shortage areas (as defined in section 332)or medically 
     underserved community (as defined in section 799B); and
       ``(4) increasing the number of physician assistants or 
     nurse practitioners who will complete clinical training in 
     the field of maternal and perinatal health, and other 
     perinatal health workers, working in areas with significant 
     racial and ethnic disparities in maternal health outcomes and 
     communities of color.
       ``(i) Authorization of Appropriations.--In order to carry 
     out this section, there are authorized to be appropriated, 
     and there are appropriated, out of amounts in the Treasury 
     not otherwise appropriated, $30,000,000 for each of fiscal 
     years 2021 through 2025.''.

     SEC. 9011. GRANTS TO GROW AND DIVERSIFY THE DOULA WORKFORCE.

       Title VII of the Public Health Service Act (42 U.S.C. 292 
     et seq.) is amended by inserting after section 758 (42 U.S.C. 
     294f) the following:

[[Page S7803]]

  


     ``SEC. 758A. DOULA WORKFORCE GRANTS.

       ``(a) In General.--The Secretary may award grants to 
     entities to establish or expand programs described in 
     subsection (b) to grow and diversify the doula workforce.
       ``(b) Use of Funds.--Recipients of grants under this 
     section shall use the grants to grow and diversify the doula 
     workforce by--
       ``(1) establishing programs that provide education and 
     training to individuals seeking appropriate training or 
     certification as doulas; and
       ``(2) expanding the capacity of existing programs described 
     in paragraph (1), for the purposes of increasing the number 
     of students enrolled in such programs, including by awarding 
     scholarships for students.
       ``(c) Prioritization.--In awarding grants under this 
     section, the Secretary shall give priority to any entity 
     that--
       ``(1) has demonstrated a commitment to recruiting and 
     retaining students from underserved communities, particularly 
     from demographic groups experiencing high rates of maternal 
     mortality and severe maternal morbidity including communities 
     of color;
       ``(2) has developed a strategy to recruit into, and retain, 
     a diverse pool of students the doula workforce program, 
     particularly from demographic groups experiencing high rates 
     of maternal mortality and severe maternal morbidity including 
     communities of color;
       ``(3) has developed a strategy to recruit and retain 
     students who plan to practice in a health professional 
     shortage area (as defined in section 332) or medically 
     underserved community (as defined in section 799B);
       ``(4) has developed a strategy to recruit and retain 
     students who plan to practice in an area with significant 
     racial and ethnic disparities in maternal health outcomes 
     including communities of color; and
       ``(5) includes in the standard curriculum for all students 
     a bias, racism, or discrimination training program that 
     includes training on explicit and implicit bias.
       ``(d) Reporting.--As a condition on receipt of a grant 
     under this section for a doula workforce program, an entity 
     shall agree to submit to the Secretary an annual report on 
     the activities conducted through the grant, including--
       ``(1) the number and demographics of students participating 
     in the program or school;
       ``(2) the extent to which students in the program or school 
     are entering careers in--
       ``(A) health professional shortage areas (as defined in 
     section 332)or medically underserved community (as defined in 
     section 799B); and
       ``(B) areas with significant racial and ethnic disparities 
     in maternal health outcomes including communities of color; 
     and
       ``(3) whether the program or school has included in the 
     standard curriculum for all students a bias, racism, or 
     discrimination training program that includes explicit and 
     implicit bias, and if so, the effectiveness of such training 
     program.
       ``(e) Period of Grants.--The period of a grant under this 
     section shall be up to 5 years.
       ``(f) Application.--To seek a grant under this section, an 
     entity shall submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require, including any information necessary 
     for prioritization under subsection (c).
       ``(g) Technical Assistance.--The Secretary shall provide, 
     directly or by contract, technical assistance to institutions 
     of higher education seeking or receiving a grant under this 
     section on the development, use, evaluation, and post-grant 
     period sustainability of the doula workforce programs 
     proposed to be, or being, established or expanded through the 
     grant.
       ``(h) Report by Secretary.--Not later than 4 years after 
     the date of enactment of this section, the Secretary shall 
     prepare and submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives, and post on the 
     internet website of the Department of Health and Human 
     Services, a report on the effectiveness of the grant program 
     under this section at--
       ``(1) recruiting student from communities experiencing high 
     rates of maternal mortality and severe maternal morbidity and 
     communities of color;
       ``(2) increasing the number of doulas from demographic 
     groups experiencing high rates of maternal mortality and 
     severe maternal morbidity and communities of color;
       ``(3) increasing the number of doulas working in health 
     professional shortage areas (as defined in section 332)or 
     medically underserved community (as defined in section 799B); 
     and
       ``(4) increasing the number of doulas working in areas with 
     significant racial and ethnic disparities in maternal health 
     outcomes and communities of color.
       ``(i) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $20,000,000 for each of fiscal years 
     2021 through 2025.''.

     SEC. 9012. GRANTS TO STATE, LOCAL, AND TRIBAL PUBLIC HEALTH 
                   DEPARTMENTS ADDRESSING SOCIAL DETERMINANTS OF 
                   HEALTH FOR PREGNANT AND POSTPARTUM WOMEN.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     award grants to State, local, and Tribal public health 
     departments to address social determinants of maternal health 
     in order to reduce or eliminate racial and ethnic disparities 
     in maternal health outcomes.
       (b) Use of Funds.--A public health department receiving a 
     grant under this section may use funds received through the 
     grant to--
       (1) build capacity and hire staff to coordinate efforts of 
     the public health department to address social determinants 
     of maternal health;
       (2) develop, and provide for distribution of, resource 
     lists of available social services for women in the prenatal 
     and postpartum periods, which social services may include--
       (A) transportation vouchers;
       (B) housing supports;
       (C) child care access;
       (D) healthy food access;
       (E) nutrition counseling;
       (F) lactation supports;
       (G) lead testing and abatement;
       (H) clean water;
       (I) infant formula;
       (J) maternal mental and behavioral health care services;
       (K) wellness and stress management programs; and
       (L) other social services as determined by the public 
     health department;
       (3) in consultation with local stakeholders, establish or 
     designate a ``one-stop'' resource center that provides 
     coordinated social services in a single location for women in 
     the prenatal or postpartum period; or
       (4) directly address specific social determinant needs for 
     the community that are related to maternal health as 
     identified by the public health department, such as--
       (A) transportation;
       (B) housing;
       (C) child care;
       (D) healthy foods;
       (E) infant formula;
       (F) nutrition counseling;
       (G) lactation supports;
       (H) lead testing and abatement;
       (I) air and water quality;
       (J) wellness and stress management programs; and
       (K) other social determinants as determined by the public 
     health department.
       (c) Special Consideration.--In awarding grants under 
     subsection (a), the Secretary shall give special 
     consideration to State, local, and Tribal public health 
     departments that--
       (1) propose to use the grants to reduce or end racial and 
     ethnic disparities in maternal mortality and severe maternal 
     morbidity rates; and
       (2) operate in--
       (A) areas with high rates of maternal mortality and severe 
     maternal morbidity; or
       (B) areas with high rates of significant racial and ethnic 
     disparities in maternal mortality and severe maternal 
     morbidity rates; or
       (C) communities of color.
       (d) Guidance on Strategies.--In carrying out this section, 
     the Secretary shall provide guidance to grantees on 
     strategies for long-term viability of programs funded through 
     this section after such funding ends.
       (e) Reporting.--
       (1) By grantees.--As a condition on receipt of a grant 
     under this section, a grantee shall agree to--
       (A) evaluate the activities funded through the grant with 
     respect to--
       (i) maternal health outcomes with a specific focus on 
     racial and ethnic disparities;
       (ii) the subjective assessment of such activities by the 
     beneficiaries of such activities, including mothers and their 
     families; and
       (iii) cost effectiveness and return on investment; and
       (B) not later than 180 days after the end of the period of 
     the grant, submit a report on the results of such evaluation 
     to the Secretary.
       (2) By secretary.--Not later than the end of fiscal year 
     2026, the Secretary shall submit a report to the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives--
       (A) summarizing the evaluations submitted under paragraph 
     (1); and
       (B) making recommendations for improving maternal health 
     and reducing or eliminating racial and ethnic disparities in 
     maternal health outcomes, based on the results of grants 
     under this section.
       (f) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $50,000,000 for each of fiscal years 
     2021 through 2025.

 TITLE X--10-20-30 ANTI-POVERTY INITIATIVE AND HIRING AND CONTRACTING 
                             OPPORTUNITIES

              Subtitle A--10-20-30 Anti-poverty Initiative

     SEC. 10101. DEFINITIONS.

       In this subtitle:
       (1) Development program.--The term ``development program'' 
     means any of the following programs, offices, or 
     appropriations accounts:
       (A) Any program administered by the Office of Rural 
     Development of the Department of Agriculture.
       (B) The Appalachian Regional Commission established by 
     section 14301(a) of title 40, United States Code.
       (C) Department of Commerce, Economic Development 
     Administration, Economic Development Assistance Programs.

[[Page S7804]]

       (D) The Delta Regional Authority established by section 
     382B(a)(1) of the Consolidated Farm and Rural Development Act 
     (7 U.S.C. 2009aa-1(a)(1)).
       (E) The Denali Commission established by section 303(a) of 
     the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 112 
     Stat. 2681-637).
       (F) Any training or employment services program 
     administered by the Employment and Training Administration of 
     the Department of Labor.
       (G) Department of Health and Human Services, Health 
     Resources and Services Administration.
       (H) Environmental Protection Agency, State and Tribal 
     Assistance Grants.
       (I) Department of Commerce, National Institute of Standards 
     and Technology, Construction.
       (J) Any program under the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (34 U.S.C. 11101 et seq.).
       (K) A victim services program for victims of trafficking, 
     as authorized by section 107(b)(2) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7105(b)(2)).
       (L) Any program authorized under the Trafficking Victims 
     Protection Reauthorization Act of 2005 (Public Law 109-164; 
     119 Stat. 3558).
       (M) The Paul Coverdell Forensic Sciences Improvement Grants 
     program under part BB of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10561 et seq.).
       (N) DNA-related and forensic programs and activities grants 
     under part X of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10511 et seq.).
       (O) The grant program for community-based sexual assault 
     response reform grants under part T of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 
     et seq.).
       (P) The court-appointed special advocate program under 
     section 217 of the Crime Control Act of 1990 (34 U.S.C. 
     20323).
       (Q) A program under subtitle C of title II of the Second 
     Chance Act of 2007 (34 U.S.C. 60541 et seq.).
       (R) The Comprehensive Opioid Abuse Grant Program under part 
     LL of title I of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (34 U.S.C. 10701 et seq.).
       (S) A grant under section 220531 of title 36, United States 
     Code.
       (T) Department of Transportation, Office of the Secretary, 
     Nationally Significant Freight and Highway Projects.
       (U) Department of Transportation, Office of the Secretary, 
     National Infrastructure Investments.
       (V) Department of Transportation, Federal Transit 
     Administration, Bus and Bus Facilities Infrastructure 
     Investment Program.
       (W) Department of Transportation, Federal Transit 
     Administration, Capital Investment Grants Program.
       (X) Any program of the Department of the Treasury relating 
     to Community Development Financial Institutions (within the 
     meaning of section 103 of the Community Development Banking 
     and Financial Institutions Act of 1994 (12 U.S.C. 4702)).
       (Y) The Southeast Crescent Regional Commission established 
     by section 15301(a)(1) of title 40, United States Code.
       (Z) The Southwest Border Regional Commission established by 
     section 15301(a)(2) of title 40, United States Code.
       (AA) The Northern Border Regional Commission established by 
     section 15301(a)(3) of title 40, United States Code.
       (BB) The Northern Great Plains Regional Authority 
     established by section 383B(a)(1) of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 2009bb-1(a)(1)).
       (CC) The fair housing initiatives program under section 561 
     of the Housing and Community Development Act of 1987 (42 
     U.S.C. 3616a).
       (DD) A grant under section 4611 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7261).
       (2) Persistent poverty county.--The term ``persistent 
     poverty county'' means any county with a poverty rate of not 
     less than 20 percent, as determined in each of the 1990 and 
     2000 decennial censuses, and in the Small Area Income and 
     Poverty Estimates of the Bureau of the Census for the most 
     recent year for which the estimates are available.
       (3) High-poverty area.--The term ``high-poverty area'' 
     means a census tract with a poverty rate of not less than 20 
     percent during the 5-year period ending on the date of 
     enactment of this Act.

     SEC. 10102. 10-20-30 FORMULA FOR PERSISTENT POVERTY COUNTIES.

       Notwithstanding any other provision of law, the entity 
     responsible for administering a development program shall use 
     not less than 10 percent of the amounts made available in any 
     appropriations Act for the program for each of fiscal years 
     2021 through 2030 in persistent poverty counties, if the 
     entity is otherwise authorized to do so.

     SEC. 10103. TARGETING HIGH-POVERTY CENSUS TRACTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the entity responsible for administering a development 
     program shall use not less than the percentage described in 
     subsection (b) of the amounts made available in any 
     appropriations Act for the program for each of fiscal years 
     2021 through 2030 for projects based in or providing direct 
     benefits to high-poverty areas, if the entity is otherwise 
     authorized to do so.
       (b) Percentage Described.--The percentage referred to in 
     subsection (a), with respect to a development program, is the 
     percentage equal to the sum obtained by adding--
       (1) the average percentage of Federal assistance awarded 
     under the program in the 3-fiscal year period ending on the 
     date of enactment of this Act that were used for projects 
     based in or providing direct benefits to high-poverty areas; 
     and
       (2) 5 percent of the average total Federal assistance 
     awarded under the program during the period referred to in 
     paragraph (1).

     SEC. 10104. FAILURE TO TARGET FUNDS.

       If the entity responsible for administering a development 
     program does not comply with section 10103 with respect to 
     the development program for a fiscal year, the entity shall 
     submit to Congress a report that describes how the entity 
     plans to do so for the next fiscal year.

     SEC. 10105. REPORT TO CONGRESS.

       Not later than 180 days after the end of each fiscal year, 
     the entity responsible for administering each development 
     program shall submit to Congress a progress report on the 
     implementation of this title with respect to the development 
     program.

                    Subtitle B--Hiring Opportunities

     SEC. 10211. LOCAL HIRING INITIATIVE FOR CONSTRUCTION JOBS.

       (a) Establishment.--Notwithstanding section 112 of title 
     23, United States Code, section 200.319(b) of title 2, Code 
     of Federal Regulations (or successor regulations), section 
     635.117(b) of title 23, Code of Federal Regulations (or 
     successor regulations), and similar bidding requirements 
     under title 49, United States Code, recipients of Federal 
     assistance under title 23 or 49, United States Code, may use 
     geographic hiring preferences (including local hiring 
     preferences) pertaining to the use of labor for construction 
     on a federally-assisted project, consistent with the policies 
     and procedures of the recipient.
       (b) Workforce Diversity.--For purposes of subsection (a), 
     the Secretary of Transportation shall amend existing 
     regulations or issue new regulations, as applicable, to 
     establish a policy that, to the maximum extent practicable--
       (1) ensures the use of pre-apprenticeship programs that--
       (A) are designed to prepare to enter registered 
     apprenticeship programs--
       (i) individuals with a barrier to employment (as defined in 
     section 3 of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3102)), including ex-offenders and individuals with a 
     disability (as defined in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102)); and
       (ii) individuals that represent populations that are 
     traditionally underrepresented in the infrastructure 
     workforce, such as women and racial and ethnic minorities; 
     and
       (B) have written agreements with sponsors of not less than 
     1 registered apprenticeship program that will enable 
     participants who successfully complete the apprenticeship 
     readiness program to enter into the registered apprenticeship 
     program if--
       (i) an enrollment opportunity is available; and
       (ii) the participant meets the qualifications of the 
     program;
       (2) ensures the use of registered apprenticeship programs 
     that have written agreements with pre-apprenticeship programs 
     described in paragraph (1); and
       (3) encourages the entity using the geographic hiring 
     preferences to establish outreach and support programs, in 
     coordination with labor organizations, that increase 
     diversity within the workforce, including expanded 
     participation from--
       (A) individuals with a barrier to employment (as defined in 
     section 3 of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3102)), including ex-offenders and individuals with a 
     disability (as defined in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102)); and
       (B) individuals that represent populations that are 
     traditionally underrepresented in the infrastructure 
     workforce, such as women and racial and ethnic minorities.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary of Transportation shall submit to the Committees on 
     Environment and Public Works, Commerce, Science, and 
     Transportation, and Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     describes the administration of this section, including--
       (1) the number, types, and locations of projects that have 
     used geographic hiring preferences pursuant to this section;
       (2) an assessment of whether implementation of this section 
     has served the intended purpose of this section, including by 
     creating jobs or providing other benefits; and
       (3) any recommendations for modifications to this section 
     and the implementation of this section.

  TITLE XI--RAISING THE MINIMUM WAGE AND STRENGTHENING OVERTIME RIGHTS

                     Subtitle A--Raise the Wage Act

     SEC. 11111. SHORT TITLE.

       This subtitle may be cited as the ``Raise the Wage Act''.

     SEC. 11112. MINIMUM WAGE INCREASES.

       (a) In General.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $8.55 an hour, beginning on the effective date under 
     section 11117 of the Raise the Wage Act;

[[Page S7805]]

       ``(B) $9.85 an hour, beginning 1 year after such effective 
     date;
       ``(C) $11.15 an hour, beginning 2 years after such 
     effective date;
       ``(D) $12.45 an hour, beginning 3 years after such 
     effective date;
       ``(E) $13.75 an hour, beginning 4 years after such 
     effective date;
       ``(F) $15.00 an hour, beginning 5 years after such 
     effective date; and
       ``(G) beginning on the date that is 6 years after such 
     effective date, and annually thereafter, the amount 
     determined by the Secretary under subsection (h);''.
       (b) Determination Based on Increase in the Median Hourly 
     Wage of All Employees.--Section 6 of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206) is amended by adding at the end 
     the following:
       ``(h)(1) Not later than each date that is 90 days before a 
     new minimum wage determined under subsection (a)(1)(G) is to 
     take effect, the Secretary shall determine the minimum wage 
     to be in effect under this subsection for each period 
     described in subsection (a)(1)(G). The wage determined under 
     this subsection for a year shall be--
       ``(A) not less than the amount in effect under subsection 
     (a)(1) on the date of such determination;
       ``(B) increased from such amount by the annual percentage 
     increase, if any, in the median hourly wage of all employees 
     as determined by the Bureau of Labor Statistics; and
       ``(C) rounded up to the nearest multiple of $0.05.
       ``(2) In calculating the annual percentage increase in the 
     median hourly wage of all employees for purposes of paragraph 
     (1)(B), the Secretary, through the Bureau of Labor 
     Statistics, shall compile data on the hourly wages of all 
     employees to determine such a median hourly wage and compare 
     such median hourly wage for the most recent year for which 
     data are available with the median hourly wage determined for 
     the preceding year.''.

     SEC. 11113. TIPPED EMPLOYEES.

       (a) Base Minimum Wage for Tipped Employees and Tips 
     Retained by Employees.--Section 3(m)(2)(A)(i) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is 
     amended to read as follows:
       ``(i) the cash wage paid such employee, which for purposes 
     of such determination shall be not less than--
       ``(I) for the 1-year period beginning on the effective date 
     under section 11117 of the Raise the Wage Act, $3.60 an hour;
       ``(II) for each succeeding 1-year period until the hourly 
     wage under this clause equals the wage in effect under 
     section 6(a)(1) for such period, an hourly wage equal to the 
     amount determined under this clause for the preceding year, 
     increased by the lesser of--
       ``(aa) $1.50; or
       ``(bb) the amount necessary for the wage in effect under 
     this clause to equal the wage in effect under section 6(a)(1) 
     for such period, rounded up to the nearest multiple of $0.05; 
     and
       ``(III) for each succeeding 1-year period after the 
     increase made pursuant to subclause (II), the minimum wage in 
     effect under section 6(a)(1); and''.
       (b) Tips Retained by Employees.--Section 3(m)(2)(A) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is 
     amended--
       (1) in the second sentence of the matter following clause 
     (ii), by striking ``of this subsection, and all tips received 
     by such employee have been retained by the employee'' and 
     inserting ``of this subsection. Any employee shall have the 
     right to retain any tips received by such employee''; and
       (2) by adding at the end the following: ``An employer shall 
     inform each employee of the right and exception provided 
     under the preceding sentence.''.
       (c) Scheduled Repeal of Separate Minimum Wage for Tipped 
     Employees.--
       (1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 
     subsections (a) and (b), is further amended by striking the 
     sentence beginning with ``In determining the wage an employer 
     is required to pay a tipped employee,'' and all that follows 
     through ``of this subsection.'' and inserting ``The wage 
     required to be paid to a tipped employee shall be the wage 
     set forth in section 6(a)(1).''.
       (2) Publication of notice.--Subsection (i) of section 6 of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as 
     amended by section 11115, is further amended by striking ``or 
     in accordance with subclause (II) or (III) of section 
     3(m)(2)(A)(i)''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall take effect on the date that is one day after 
     the date on which the hourly wage under subclause (III) of 
     section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a), 
     takes effect.

     SEC. 11114. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS 
                   OLD.

       (a) Base Minimum Wage for Newly Hired Employees Who Are 
     Less Than 20 Years Old.--Section 6(g)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by 
     striking ``a wage which is not less than $4.25 an hour.'' and 
     inserting the following: ``a wage at a rate that is not less 
     than--
       ``(A) for the 1-year period beginning on the effective date 
     under section 11117 of the Raise the Wage Act, $5.50 an hour;
       ``(B) for each succeeding 1-year period until the hourly 
     wage under this paragraph equals the wage in effect under 
     section 6(a)(1) for such period, an hourly wage equal to the 
     amount determined under this paragraph for the preceding 
     year, increased by the lesser of--
       ``(i) $1.25; or
       ``(ii) the amount necessary for the wage in effect under 
     this paragraph to equal the wage in effect under section 
     6(a)(1) for such period, rounded up to the nearest multiple 
     of $0.05; and
       ``(C) for each succeeding 1-year period after the increase 
     made pursuant to subparagraph (B)(ii), the minimum wage in 
     effect under section 6(a)(1).''.
       (b) Scheduled Repeal of Separate Minimum Wage for Newly 
     Hired Employees Who Are Less Than 20 Years Old.--
       (1) In general.--Section 6(g)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by 
     subsection (a), shall be repealed.
       (2) Publication of notice.--Subsection (i) of section 6 of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as 
     amended by section 11113(c)(2), is further amended by 
     striking ``or subparagraph (B) or (C) of subsection 
     (g)(1),''.
       (3) Effective date.--The repeal and amendment made by 
     paragraphs (1) and (2), respectively, shall take effect on 
     the date that is one day after the date on which the hourly 
     wage under subparagraph (C) of section 6(g)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended 
     by subsection (a), takes effect.

     SEC. 11115. PUBLICATION OF NOTICE.

       Section 6 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206), as amended by the preceding sections, is further 
     amended by adding at the end the following:
       ``(i) Not later than 60 days prior to the effective date of 
     any increase in the required wage determined under subsection 
     (a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in 
     accordance with subclause (II) or (III) of section 
     3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary shall 
     publish in the Federal Register and on the website of the 
     Department of Labor a notice announcing each increase in such 
     required wage.''.

     SEC. 11116. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR 
                   INDIVIDUALS WITH DISABILITIES.

       (a) Wages.--
       (1) Transition to fair wages for individuals with 
     disabilities.--Subparagraph (A) of section 14(c)(1) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is 
     amended to read as follows:
       ``(A) at a rate that equals, or exceeds, for each year, the 
     greater of--
       ``(i)(I) $4.25 an hour, beginning 1 year after the date the 
     wage rate specified in section 6(a)(1)(A) takes effect;
       ``(II) $6.40 an hour, beginning 2 years after such date;
       ``(III) $8.55 an hour, beginning 3 years after such date;
       ``(IV) $10.70 an hour, beginning 4 years after such date;
       ``(V) $12.85 an hour, beginning 5 years after such date; 
     and
       ``(VI) the wage rate in effect under section 6(a)(1), on 
     the date that is 6 years after the date the wage specified in 
     section 6(a)(1)(A) takes effect; or
       ``(ii) if applicable, the wage rate in effect on the day 
     before the date of enactment of the Raise the Wage Act for 
     the employment, under a special certificate issued under this 
     paragraph, of the individual for whom the wage rate is being 
     determined under this subparagraph,''.
       (2) Prohibition on new special certificates; sunset.--
     Section 14(c) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 214(c)) (as amended by paragraph (1)) is further 
     amended by adding at the end the following:
       ``(6) Prohibition on New Special Certificates.--
     Notwithstanding paragraph (1), the Secretary shall not issue 
     a special certificate under this subsection to an employer 
     that was not issued a special certificate under this 
     subsection before the date of enactment of the Raise the Wage 
     Act.
       ``(7) Sunset.--Beginning on the day after the date on which 
     the wage rate described in paragraph (1)(A)(i)(VI) takes 
     effect, the authority to issue special certificates under 
     paragraph (1) shall expire, and no special certificates 
     issued under paragraph (1) shall have any legal effect.
       ``(8) Transition Assistance.--Upon request, the Secretary 
     shall provide--
       ``(A) technical assistance and information to employers 
     issued a special certificate under this subsection for the 
     purposes of--
       ``(i) transitioning the practices of such employers to 
     comply with this subsection, as amended by the Raise the Wage 
     Act; and
       ``(ii) ensuring continuing employment opportunities for 
     individuals with disabilities receiving a special minimum 
     wage rate under this subsection; and
       ``(B) information to individuals employed at a special 
     minimum wage rate under this subsection, which may include 
     referrals to Federal or State entities with expertise in 
     competitive integrated employment.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act.
       (b) Publication of Notice.--
       (1) Amendment.--Subsection (i) of section 6 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206), as amended by 
     section 11114(b)(2), is further amended by striking ``or 
     section 14(c)(1)(A),''.

[[Page S7806]]

       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the day after the date on which the wage 
     rate described in paragraph (1)(A)(i)(VI) of section 14(c) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as 
     amended by subsection (a)(1), takes effect.

     SEC. 11117. GENERAL EFFECTIVE DATE.

       Except as otherwise provided in this subtitle or the 
     amendments made by this subtitle, this subtitle and the 
     amendments made by this subtitle shall take effect on the 
     first day of the third month that begins after the date of 
     enactment of this Act.

                 Subtitle B--Restoring Overtime Pay Act

     SEC. 11121. SHORT TITLE.

       This subtitle may be cited as the ``Restoring Overtime Pay 
     Act''.

     SEC. 11122. MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE, 
                   ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES 
                   EXEMPT FROM FEDERAL OVERTIME COMPENSATION 
                   REQUIREMENTS.

       (a) In General.--Section 13 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 213) is amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``subsection (k) and'' after ``subject 
     to''; and
       (B) by inserting ``(except as provided under subsection 
     (k)(2)(C))'' after ``Administrative Procedure Act''; and
       (2) by adding at the end the following:
       ``(k) Minimum Salary Threshold.--
       ``(1) In general.--Beginning on the effective date of the 
     Restoring Overtime Pay Act, the Secretary shall require that 
     an employee described in subsection (a)(1), as a requirement 
     for exemption under such subsection, be compensated on a 
     salary basis, or equivalent fee basis, within the meaning of 
     such terms in subpart G of part 541 of title 29, Code of 
     Federal Regulations (or any successor regulation), at a rate 
     per week that is not less than the salary threshold under 
     paragraph (2).
       ``(2) Salary threshold.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the salary threshold shall be an amount that is equal to the 
     40th percentile of earnings of full-time salaried workers in 
     the lowest-wage census region, as determined by the Bureau of 
     Labor Statistics based on data from the second quarter of the 
     calendar year preceding the calendar year in which such 
     amount takes effect.
       ``(B) Increased threshold.--The Secretary may establish, 
     through notice and comment rulemaking under section 553 of 
     title 5, United States Code, a salary threshold that is an 
     amount that--
       ``(i) is greater than the 40th percentile of earnings of 
     the full-time salaried workers described in subparagraph (A); 
     and
       ``(ii) is calculated based on a data set and methodology 
     established by the Secretary that are capable of being 
     updated in accordance with subparagraph (C).
       ``(C) Automatic updates.--
       ``(i) In general.--Not later than 3 years after the salary 
     threshold first takes effect under subparagraph (A), and 
     every 3 years thereafter, or, in the case in which the 
     Secretary establishes an increased salary threshold under 
     subparagraph (B), every 3 years after establishing such 
     increased salary threshold, the Secretary shall update the 
     amount of the salary threshold in effect under subparagraph 
     (A) or (B), as applicable, so that such amount is equal to--

       ``(I) in the case in which the Secretary does not establish 
     an increased salary threshold under subparagraph (B), the 
     40th percentile of earnings of full-time salaried workers in 
     the lowest-wage census region, as determined by the Bureau of 
     Labor Statistics based on data from the second quarter of the 
     calendar year preceding the calendar year in which such 
     updated amount is to take effect; and
       ``(II) in the case in which the Secretary establishes an 
     increased salary threshold under subparagraph (B), the 
     greater of--

       ``(aa) the 40th percentile described in subclause (I); and
       ``(bb) the increased salary threshold established under 
     subparagraph (B), as updated in accordance with the data set 
     and methodology established by the Secretary under 
     subparagraph (B)(ii).
       ``(ii) Nonapplicability of rulemaking.--Any update 
     described in this subparagraph shall not be subject to the 
     requirements of notice and comment rulemaking under section 
     553 of title 5, United States Code.
       ``(D) Notice requirement.--Not later than 60 days before a 
     revised salary threshold under this paragraph takes effect, 
     the Secretary shall publish a notice announcing the amount in 
     the Federal Register and on the internet website of the 
     Department of Labor.
       ``(3) Duties test.--The Secretary shall, in addition to the 
     requirement under paragraph (1), continue to require 
     employees to satisfy a duties test, as prescribed by the 
     Secretary, in defining and delimiting the terms described in 
     subsection (a)(1).''.
       (b) Publication of Earnings.--Not later than 21 days after 
     the end of each calendar quarter, the Bureau of Labor 
     Statistics shall publish on its public website, for each week 
     of such quarter, data on the weekly earnings of nonhourly, 
     full-time salaried workers by census region (as designated by 
     the Bureau of the Census).
       (c) Effective Date.--This subtitle, and the amendments made 
     by this subtitle, shall take effect on the first day of the 
     third month that begins after the date of enactment of this 
     Act.
                                 ______