[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4077 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4077
To reauthorize programs of the Economic Development Administration, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2022
Ms. Cortez Masto (for herself and Mr. Kelly) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To reauthorize programs of the Economic Development Administration, and
for other purposes.
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 ``Increasing our Nation's Value
through Economic Support and Tourism in Our Communities Act'' or the
``INVEST in Our Communities Act''.
SEC. 2. ADMINISTRATION.
(a) In General.--Section 501 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3191) is amended by striking
``Assistant Secretary'' each place it appears and inserting ``Under
Secretary''.
(b) Transition.--The individual serving as the Assistant Secretary
of Commerce for Economic Development on the day before the date of
enactment of this Act shall be deemed to have been confirmed as the
Under Secretary of Commerce for Economic Development.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Assistant Secretary
of Commerce for Economic Development shall be deemed to be a reference
to the Under Secretary of Commerce for Economic Development.
SEC. 3. DEFINITION OF ELIGIBLE RECIPIENT.
Section 3(4) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3122(4) is amended by adding at the end the following:
``(C) Capacity building grants and host grants.--In
the case of grants under sections 208 and 219, the term
`eligible recipient' also includes a tribal
organization and a Native Hawaiian organization (as
those terms are defined in section 3 of the NATIVE Act
(25 U.S.C. 4352)).''.
SEC. 4. INCREASE IN FEDERAL SHARE FOR TRIBAL ORGANIZATIONS AND NATIVE
HAWAIIAN ORGANIZATIONS.
Section 204(c)(1) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3144(c)(1)) is amended--
(1) in the paragraph heading, by inserting ``, tribal
organizations, or native hawaiian organizations'' after
``tribes''; and
(2) by inserting ``, a tribal organization (as defined in
section 3 of the NATIVE Act (25 U.S.C. 4352)), or a Native
Hawaiian organization (as defined in that section)'' after
``Indian tribe''.
SEC. 5. CAPACITY BUILDING GRANT PROGRAM.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by
inserting after section 207 the following:
``SEC. 208. CAPACITY BUILDING GRANT PROGRAM.
``(a) Definition of Predevelopment Activity.--In this section, the
term `predevelopment activity' means an activity carried out before a
project can proceed to the execution stage or the eligible recipient
can secure financing and partners.
``(b) Establishment.--The Secretary shall establish a program to
provide to eligible recipients assistance for predevelopment
activities.
``(c) Use of Funds.--An eligible recipient may use funds from a
grant under this section--
``(1) to carry out certain predevelopment activities,
including--
``(A) planning and community asset mapping;
``(B) training;
``(C) technical assistance and organizational
development;
``(D) feasibility and market studies;
``(E) demonstration projects;
``(F) organizational capacity building;
``(G) organizing and facilitating convenings; and
``(H) other predevelopment activities, as
determined appropriate by the Secretary; and
``(2) to hire and obtain qualified economic development
professionals and services for a 3-year period to develop and
carry out a comprehensive economic development strategy, an
economic development strategic plan, or other predevelopment
activities.
``(d) Applications.--To be eligible for a grant under this section,
an eligible recipient shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require, including a specific plan--
``(1) on how the eligible recipient will carry out
predevelopment activities using grant funds; and
``(2) for the continuation of the position created or
services obtained as a result of the grant after the end of the
3-year term, if applicable.
``(e) Waiver of Attorney's and Consultant's Fee Prohibition.--In
the case of a project under this section that is carried out using
grant funds by 1 or more eligible recipients with low organizational
capacity, in the determination of the Secretary, the Secretary may
waive the prohibition described in section 213.''.
(b) Additional Eligibility.--
(1) Grants for public works and economic development.--
Section 201(a) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141(a)) is amended--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) predevelopment activities (as defined in section
208(a)).''.
(2) Grants for economic adjustment.--Section 209(a) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3149(a)) is amended by inserting ``predevelopment activities
(as defined in section 208(a)),'' after ``training,''.
(3) Conforming amendment.--Section 302(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3162(a))
is amended in the matter preceding paragraph (1) by inserting
``and predevelopment activities (as defined in section 208(a))
under section 201 or 209'' after ``section 209''.
(c) Increase in Federal Share.--Section 204(c)(3) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3144(c)(3)) is
amended--
(1) in the paragraph heading, by inserting ``and capacity
building'' after ``technical assistance''; and
(2) by striking ``section 207'' and inserting ``sections
207 and 208''.
(d) Direct Expenditure or Redistribution by Recipient.--Section
217(a) of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3154c(a)) is amended by striking ``or 207'' and inserting ``207,
or 208''.
(e) Powers of the Secretary.--Section 601(a)(12) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3211(a)(12)) is
amended by striking ``section 207'' and inserting ``sections 207 and
208''.
(f) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597; 118 Stat. 1761) is amended by inserting after the
item relating to section 207 the following:
``Sec. 208. Capacity building grant program.''.
SEC. 6. GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE EXPENSES.
(a) Administrative Expenses.--Section 203 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3143) is amended by adding
at the end the following:
``(e) Administrative Expenses.--Administrative expenses described
in subsection (a) shall include expenses relating to--
``(1) carrying out the planning process described in
subsection (b); and
``(2) hiring professional staff to assist communities or
organizations in--
``(A) implementing projects and priorities included
in--
``(i) a comprehensive economic development
strategy; or
``(ii) an economic development planning
grant;
``(B) identifying and using other Federal, State,
and Tribal economic development programs;
``(C) leveraging private and philanthropic
investment;
``(D) preparing disaster coordination and
preparation plans;
``(E) collaborating with trade adjustment
assistance centers, Hollings Manufacturing Extension
Partnership Centers of the National Institute of
Standards and Technology, Business Centers and Rural
Business Centers of the Minority Business Development
Agency, and other relevant Federal economic development
technical assistance and service providers to promote
domestic manufacturing; and
``(F) carrying out economic development activities
in accordance with professional economic development
best practices.''.
(b) Increase in Federal Share.--Section 204(c) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3144(c)) is amended by
adding at the end the following:
``(4) Grants for planning and grants for administrative
expenses.--In the case of a grant provided under section 203,
the Secretary may increase the Federal share above the
percentage specified in subsection (a) up to 80 percent of the
cost of the project.''.
SEC. 7. HOSPITALITY AND OUTDOOR-RECREATION SUPPORTING TOURISM (HOST)
GRANTS.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding
at the end the following:
``SEC. 219. HOSPITALITY AND OUTDOOR-RECREATION SUPPORTING TOURISM
(HOST) GRANTS.
``(a) Definitions.--In this section:
``(1) Outdoor recreation.--The term `outdoor recreation'
means all recreational activities, and the economic drivers of
those activities, such as businesses and local economic
efforts, undertaken for pleasure that--
``(A) generally involve some level of intentional
physical exertion; and
``(B) occur in nature-based environments outdoors.
``(2) Tourism, hospitality, or special event activity.--The
term `tourism, hospitality, or special event activity' means
any economic activity that primarily serves to encourage
recreational or business travel within the United States or
from abroad, including tourist attractions, business and
recreational conventions, large entertainment events and
venues, and promotion or organization of any such activity.
``(b) Establishment.--The Secretary shall establish a program to
provide grants to eligible recipients to support outdoor recreation,
travel, and tourism, hospitality, or special event activities to spur
economic development.
``(c) Goals.--A project carried out with a grant under this section
shall be carried out for the goal of--
``(1) in the case of an infrastructure project--
``(A) leading to long-term increases in tourist
activity in a region, including in communities adjacent
to National Park System units, State parks, national
marine sanctuaries, National Heritage Areas, Tribal
parks, or other natural destinations; and
``(B) using nature-based infrastructure projects
and other projects intended to enhance public access to
outdoor recreation opportunities; and
``(2) in the case of other projects as determined
appropriate by the Secretary, supporting the outdoor
recreation, travel, tourism, hospitality, and special event
industries, in a manner consistent with the National Travel and
Tourism Strategy or as recommended by the United States Travel
and Tourism Advisory Board, if any.
``(d) Eligible Uses.--
``(1) In general.--A grant under this section may be used--
``(A) to pay costs associated with obtaining State,
Tribal, county, city, community, or regional tourism
marketing and promotion campaigns, including through
nonprofit or quasigovernmental Destination Marketing
Organizations (DMOs);
``(B) to carry out workforce training, recruitment,
and research programs that support the outdoor
recreation, travel, tourism, hospitality, and special
event industries to improve the skills of, and job
opportunities for, workers in those industries,
including through a program registered under the Act of
August 16, 1937 (commonly known as the `National
Apprenticeship Act'; 29 U.S.C. 50 et seq.), and other
work and learn models;
``(C) for short-term and long-term economic
development planning and coordination for the purpose
of responding to the effects of the COVID-19 pandemic
on the regional outdoor recreation, travel, tourism,
hospitality, and special event industries;
``(D) to carry out technical assistance projects,
including for small business concerns, entrepreneurs,
and small and rural communities, to assist regional
economies in--
``(i) the recovery from, and response to,
damage to the outdoor recreation, travel,
tourism, hospitality, and special event
industries as a result of the COVID-19
pandemic; and
``(ii) future development of the outdoor
recreation, travel, tourism, hospitality, and
special event industries;
``(E) to establish local programs to provide
assistance to small business concerns in the outdoor
recreation, travel, tourism, hospitality, or special
events industries--
``(i) for development;
``(ii) to recover from the impacts of a
major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.) or a public health emergency declared
under section 319 of the Public Health Service
Act (42 U.S.C. 247d); or
``(iii) for expansion;
``(F) to carry out construction activities at
facilities or property owned by, or held in trust by a
Federal or State government entity for, the eligible
recipient that support outdoor recreation, travel,
tourism, hospitality, or special events, including
activities involving--
``(i) construction of new, or improvements
to existing, outdoor recreation and trail
infrastructure, including public access
enhancements to that infrastructure;
``(ii) nature-based infrastructure projects
to improve access to outdoor recreation;
``(iii) improvement of cultural, arts,
convention, special event, outdoor recreation,
and tourism facilities, such as visitor or
tourist information centers, including
through--
``(I) general accessibility
upgrades, such as increasing disability
access;
``(II) improving ventilation,
heating, and cooling systems;
``(III) increasing energy
efficiency; and
``(IV) incorporating additional
renewable energy generation associated
with that infrastructure, including
zero-emission vehicle fleets and
charging infrastructure;
``(iv) construction of workforce training
facilities in order to carry out capacity
building programs;
``(v) water or wastewater and stormwater
improvements;
``(vi) pier construction and improvements;
and
``(vii) accessibility enhancements;
``(G) to pay costs associated with upgrades and
retrofits to existing outdoor recreation, travel,
tourism, hospitality, and special event infrastructure,
such as convention centers, to increase travel and
tourism activity or to make the infrastructure more
functional under social distancing conditions due to a
public health emergency declaration under section 319
of the Public Health Service Act (42 U.S.C. 247d);
``(H) to pay costs associated with providing
information to visitors about the health and safety
protections, guidance, or requirements of Federal,
State, Tribal, or local governments and businesses to
reduce the spread of COVID-19;
``(I) to pay the increased costs of filtration and
sanitation, including physical modifications to
facilities such as convention centers, large event
spaces, campsites, or community attractions associated
with precautions to provide for safe worker, traveler,
or event environments; and
``(J) to pay the costs of salaries and expenses
associated with the operations of the eligible
recipient, other than salaries and expenses of the
executives of the eligible recipient, if the
applicant--
``(i) demonstrates the capacity to maintain
the positions for which the funds are used; or
``(ii) demonstrates that the positions for
which the funds are used are temporary or
seasonal.
``(2) Prohibition.--Amounts provided under this section may
not be used for recruitment efforts to bring in or host
particular events, such as sporting competitions or other
activities.
``(e) Priority.--The Secretary shall give priority to eligible
recipients that seek to carry out an activity that--
``(1) is based on long-term, regionally oriented,
coordinated, and collaborative economic development or
redevelopment strategies that foster economic growth and
resilience;
``(2) will promote workforce development;
``(3) will involve a minority-owned, rural, Native
American, or otherwise underserved small business concern; or
``(4) implements strong labor standards, including project
labor agreements and community benefit agreements that include
local hire provisions to promote effective and efficient
delivery of high-quality infrastructure projects.
``(f) Regional Distribution.--
``(1) In general.--In providing grants under this section,
the Secretary shall distribute the funds to eligible recipients
in each region served by the Economic Development
Administration in accordance with the formula described in
paragraph (2)(A).
``(2) Formula.--
``(A) In general.--The formula referred to in
paragraph (1) shall include consideration of each of
the following:
``(i) Using the most recent data from the
Quarterly Census of Employment and Wages and
the Current Employment Statistics, employment
in the leisure and hospitality sectors (other
than food service businesses) as a percentage
of total employment in States in the region,
using a 5-year average.
``(ii) Using the most recent data from the
Arts and Cultural Production and Outdoor
Recreation Satellite Account, employment in
arts and cultural production and outdoor
recreation as a percentage of total employment
in States in the region, using a 5-year
average.
``(iii) The number of international and
domestic visitors in States in the region,
using data from the Department or another
source as the Secretary determines to be
appropriate.
``(iv) The impacts of the COVID-19
pandemic, and other natural or economic
disasters, on the outdoor recreation, travel,
tourism, hospitality, or special event
industries in States in the region.
``(v) Any other data that the Secretary
determines reliably measures the impact of
outdoor recreation, travel, tourism,
hospitality, or special events to the economy
of a State.
``(B) Out of date, discontinued, or inaccurate data
sources.--If the Secretary determines that a data
source described in clause (i) or (ii) of subparagraph
(A) is out of date, discontinued, or otherwise
inaccurate, the Secretary may substitute other data
sources to obtain the employment statistics described
in those clauses, subject to the condition that the
Secretary provides to Congress a report describing the
new data source used by the Secretary.
``(g) Rural Set-Aside.--
``(1) In general.--Of the amounts made available for each
fiscal year to carry out this section, the Secretary shall
ensure that not less than 20 percent is used to provide
assistance to eligible recipients located in, or that serve, a
rural area (as defined in section 343(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a))), with a
particular focus on rural areas that are located in distressed
or underserved communities.
``(2) Waiver.--If there are not sufficient qualified
eligible recipients located in, or that serve, a rural area (as
so defined), to carry out paragraph (1), the Secretary may
waive the requirement under that paragraph.
``(h) Native American Set-Aside.--
``(1) In general.--Of the amounts made available for each
fiscal year to carry out this section, the Secretary shall
ensure that not less than 5 percent is used to provide
assistance to eligible recipients that are Indian tribes,
tribal organizations (as defined in section 3 of the NATIVE Act
(25 U.S.C. 4352)), and Native Hawaiian organizations (as
defined in that section).
``(2) Waiver.--If there are not sufficient qualified
eligible recipients that are Indian tribes, tribal
organizations (as so defined), or Native Hawaiian organizations
(as so defined) to carry out paragraph (1), the Secretary may
waive the requirement under that paragraph.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597; 118 Stat. 1767) is amended by inserting after the
item relating to section 218 the following:
``Sec. 219. Hospitality and Outdoor-Recreation Supporting Tourism
(HOST) grants.''.
SEC. 8. TOURISM MARKETING.
(a) Declaration.--Section 2(b) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) tourism marketing is an economic development tool
used by communities for economic development and should be
considered an eligible use of economic development funding
awarded by the Federal Government through the Economic
Development Administration.''.
(b) Grants for Economic Adjustment.--Section 209(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149(a)) (as
amended by section 3(b)(2)) is amended by inserting ``travel promotion
(including funding for tourism marketing, marketing research,
purchasing advertisements, and attracting business meetings or
convention travel),'' after ``208(a)),''.
SEC. 9. ECONOMIC DISTRESS FORMULA.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Commerce shall review the economic distress formula
under section 301 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3161) and submit to Congress a report that includes--
(1) recommendations for modifications to the formula to
ensure that all areas, including distressed areas, are eligible
to receive a higher percentage of Federal funding than those
areas currently are eligible to receive;
(2) a recommendation on whether to reduce the non-Federal
share for projects carried out with grants under that Act (42
U.S.C. 3121 et seq.); and
(3) an analysis of the financial limitations of eligible
recipients located within high-density public land counties (as
defined in section 7(a)) in accessing Economic Development
Administration funding opportunities.
SEC. 10. HIGH-DENSITY PUBLIC LAND COUNTIES.
(a) Definition of High-Density Public Land County.--In this
section, the term ``high-density public land county'' means a county
(or equivalent jurisdiction) of a State, Indian Tribe, or territory of
the United States--
(1) that has a population of not more than 100,000 people,
according to the most recent annual estimates of population by
the Bureau of the Census; and
(2) in which more than 50 percent of the land is owned or
managed by the Federal Government (including land held in trust
by the United States for the benefit of an Indian Tribe).
(b) Requirement.--For purposes of providing assistance under the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.) (including sections 209 and 301 of that Act (42 U.S.C. 3149,
3161)) and other programs of the Economic Development Administration, a
high-density public land county shall be considered to be--
(1) an area with a special need arising from actual or
threatened severe unemployment or economic adjustment problems
resulting from severe changes in economic conditions;
(2) a distressed area; and
(3) an underserved area.
SEC. 11. OFFICE OF RURAL AND NATIVE AMERICAN ECONOMIC DEVELOPMENT.
(a) In General.--Title V of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3191 et seq.) is amended by adding
at the end the following:
``SEC. 508. OFFICE OF RURAL AND NATIVE AMERICAN ECONOMIC DEVELOPMENT.
``(a) Establishment.--There is established within the Economic
Development Administration an Office of Rural and Native American
Economic Development (referred to in this section as the `Office').
``(b) Under Secretaries.--
``(1) In general.--The Office shall be jointly headed by--
``(A) a Deputy Under Secretary for Rural Economic
Development; and
``(B) a Deputy Under Secretary for Native American
Economic Development.
``(2) Dedicated staffs.--
``(A) In general.--
``(i) Deputy under secretary for rural
economic development.--The Secretary shall
ensure that the Deputy Under Secretary for
Rural Economic Development has a dedicated
staff to carry out the purposes of the Office
with respect to rural communities.
``(ii) Deputy under secretary for native
american economic development.--The Secretary
shall ensure that the Deputy Under Secretary
for Native American Economic Development has a
dedicated staff to carry out the purposes of
the Office with respect to tribal communities.
``(B) Existing staff and personnel.--
``(i) In general.--For purposes of carrying
out clauses (i) and (ii) of subparagraph (A),
the Secretary may reorganize and redesignate
existing positions or staffing within the
Economic Development Administration.
``(ii) Website.--Any existing personnel
reorganized or redesignated under clause (i)
shall be recognized on the website of the
Economic Development Administration.
``(c) Purpose.--The purpose of the Office shall be--
``(1) to coordinate all rural and Native American economic
development activities carried out by the Secretary;
``(2) to provide resources to help rural and Native
American communities access economic development assistance
programs, including the grants provided by this Act;
``(3)(A) to develop rural and tribal economic development
strategies and efforts, including the strategies for rural and
Native American economic development described in subsection
(d); and
``(B) to coordinate those strategies and efforts with other
Federal agencies, including the Office of Rural Development of
the Department of Agriculture and the Bureau of Indian Affairs;
and
``(4) to be a participant in any negotiated rulemakings, or
consultations relating to, or having an impact on, projects,
programs, or funding that benefit rural or Native American
communities.
``(d) Strategies for Rural and Native American Economic
Development.--
``(1) In general.--The Office shall, in consultation with
rural communities, develop a strategy for rural economic
development and, in consultation with Native American
communities, develop a strategy for Native American economic
development, which shall each, as applicable--
``(A) identify the most pressing priorities and
challenges of the United States in promoting rural and
Native American prosperity during the 10-year period
beginning on the date of enactment of the INVEST in Our
Communities Act;
``(B) describe the policy actions that will be
taken by the Economic Development Administration, and
any other Federal agency implementing rural and Native
American economic development programs, if applicable,
to accelerate and support social and economic
prosperity in rural and tribal areas; and
``(C) identify opportunities to partner with other
Federal agencies or across Federal agencies and
programs to address the priorities and challenges
identified under subparagraph (A).
``(2) Submission to congress.--The Office shall submit to
the Committees on Agriculture, Nutrition, and Forestry,
Environment and Public Works, and Indian Affairs of the Senate
and the Committees on Agriculture, Transportation and
Infrastructure, and Natural Resources of the House of
Representatives the strategies for rural economic development
and Native American economic development developed under
paragraph (1).
``(e) Outreach.--
``(1) In general.--The Under Secretaries shall establish
within the Office a public gateway to help provide a
comprehensive, single source of information for civic leaders,
economic development professionals, businesses, and individuals
in rural and Native American communities to better understand
and access programs that support economic development in those
communities, including the economic development programs
administered by Federal agencies or departments other than the
Department.
``(2) Inclusions.--In carrying out this subsection, the
Under Secretaries shall include the following activities:
``(A) Hotline.--The Office shall establish a
telephone hotline to offer information and answer
questions about Federal programs to assist rural and
Native American communities, including the grants
provided under this Act and programs offered by other
Federal agencies.
``(B) Website and electronic mail.--The Office
shall establish a website and electronic mail portal
through which to offer information and answer questions
about Federal programs to assist rural and tribal
communities, including the grants provided under this
Act and programs offered by other Federal agencies, to
civic leaders, economic development professionals,
businesses, and individuals in rural and tribal
communities.
``(C) Outreach and support materials.--The Office
shall develop printed and electronic outreach and
support materials that offer information and answer
questions about Federal programs to assist rural and
Native American communities, including the grants
provided under this Act and programs offered by other
Federal agencies, to civic leaders, economic
development professionals, businesses, and individuals
in rural and Native American communities.
``(D) Other outreach activities.--The Office may
carry out additional activities that offer information
and answer questions about Federal programs to assist
rural and Native American communities.
``(3) Existing efforts.--The outreach efforts and
activities described in paragraphs (1) and (2) shall be in
coordination with existing efforts and activities of the rural
development mission area Department of Agriculture and the
Bureau of Indian Affairs.
``(f) Dedicated Staff.--The Secretary shall ensure that the Office
has sufficient staff where appropriate, including in each regional
office of the Economic Development Administration, to carry out all
outreach activities under subsection (e) in rural and Native American
communities.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597) is amended by inserting after the item relating to
section 507 the following:
``Sec. 508. Office of Rural and Native American Economic
Development.''.
SEC. 12. FLEXIBLE HIRING AND DISASTER AUTHORITIES.
(a) In General.--Title V of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3191 et seq.) (as amended by section
11(a)) is amended by adding at the end the following:
``SEC. 509. FLEXIBLE HIRING AND DISASTER AUTHORITIES.
``(a) Appointment and Compensation Authorities.--
``(1) In general.--The Secretary may appoint and fix the
compensation of such temporary personnel as may be necessary to
carry out this Act and to implement post-disaster economic
recovery responsibilities, without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code,
governing appointments in competitive service and compensation
of personnel.
``(2) Appointment to position within eda.--Notwithstanding
chapter 33 of title 5, United States Code, or any other
provision of law relating to the examination, certification,
and appointment of individuals in the competitive service, the
Secretary may convert a temporary employee appointed under
paragraph (1) to a permanent appointment in the competitive
service in the Economic Development Administration under merit
promotion procedures if--
``(A) the employee has served continuously in that
appointment for not less than 2 years; and
``(B) the performance of the employee has been at
an acceptable level of performance throughout the
period or periods referred to in subparagraph (A).
``(b) Disaster Team.--
``(1) Establishment.--As soon as practicable after the date
of enactment of the INVEST in Our Communities Act, the
Secretary shall establish a disaster team for the deployment of
individuals to carry out post-disaster economic recovery
efforts after a major disaster or emergency has been declared
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and an agency has been
activated by the Federal Emergency Management Agency.
``(2) Membership.--
``(A) Designation of staff.--As soon as practicable
after the date of enactment of the INVEST in Our
Communities Act, the Secretary shall designate to serve
on the disaster team, in conjunction with staff of the
Department--
``(i) employees of the Department who are
not employees of the agency; and
``(ii) in consultation with the heads of
other Federal agencies, employees of those
agencies, as appropriate.
``(B) Capabilities.--In designating individuals
under subparagraph (A), the Secretary shall ensure that
the disaster team includes a sufficient number of--
``(i) individuals who are capable of
deploying rapidly and efficiently to respond to
major disasters and emergencies; and
``(ii) in conjunction with permanent agency
staff, highly trained individuals employed
full-time to lead and manage the disaster team.
``(3) Training.--The Secretary shall ensure that
appropriate and ongoing training is provided to members of the
disaster team designed under paragraph (2) to ensure that the
members are adequately trained with respect to the programs and
policies of the agency relating to post-disaster economic
recovery efforts.
``(4) Expenses.--In carrying out this subsection, the
Secretary may--
``(A) use, with or without reimbursement, any
service, equipment, personnel, or facility of any
Federal agency with the explicit support of that
agency, to the extent such use does not impair or
conflict with the authority of the President or the
Administrator of the Federal Emergency Management
Agency under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) to
direct Federal agencies in any major disaster or
emergency declared under that Act; and
``(B) provide members of the disaster team with
travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, relating to service as a member of
the disaster team.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597) (as amended by section 11(b)) is amended by
inserting after the item relating to section 508 the following:
``Sec. 509. Flexible hiring and disaster authorities.''.
SEC. 13. COVID-ERA FUNDING AVAILABILITY.
Notwithstanding any other provision of law, any amounts made
available to carry out the Public Works and Economic Development Act of
1965 (42 U.S.C. 3121 et seq.) during the period during which the public
health emergency declared by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, with respect to COVID-19 is in effect shall be
available for obligation until September 30, 2030.
SEC. 14. FUNDING FOR HOST GRANTS.
(a) In General.--Title VII of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding
at the end the following:
``SEC. 705. FUNDING FOR HOST GRANTS.
``Of the amounts made available under section 701(a) for each of
fiscal years 2023 through 2027, $100,000,000 shall be used to carry out
section 219, of which 3 percent shall be used for the administrative
costs of carrying out that section, including for maintaining the
formula described in subsection (f)(2) of that section.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597; 118 Stat. 1772) is amended by inserting after the
item relating to section 704 the following:
``Sec. 705. Funding for HOST grants.''.
SEC. 15. SET ASIDES.
(a) In General.--Title VII of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231 et seq.) (as amended by section
11(a)) is amended by adding at the end the following:
``SEC. 706. REQUIREMENTS FOR THE USE OF FUNDS.
``(a) Planning Assistance.--
``(1) In general.--Of the amounts made available for each
fiscal year under section 701(a), the Secretary shall set aside
an amount equal to 5 percent to provide assistance to eligible
recipients for the development of a comprehensive economic
development strategy.
``(2) Federal share.--The Federal share of the cost of an
activity carried out with assistance under paragraph (1) shall
be not less than 80 percent.
``(b) Technical and Operational Assistance.--Of the amounts made
available for each fiscal year under section 701(a), the Secretary
shall set aside an amount equal to 5 percent to provide to eligible
recipients technical and operational capacity assistance to prepare
those eligible recipients to better access Federal funding from the
Economic Development Administration and other sources.
``(c) Rural Set-Aside.--
``(1) In general.--Of the amounts made available for each
fiscal year under section 701(a), the Secretary shall ensure
that not less than 15 percent is used to provide assistance to
eligible recipients located in, or that serve, a rural area (as
defined in section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a))).
``(2) Waiver.--If there are not sufficient qualified
eligible recipients located in, or that serve, a rural area (as
so defined) to carry out paragraph (1), the Secretary may waive
the requirement under that paragraph.
``(d) Maximum Grant Amounts.--The Secretary shall consider
increasing maximum grant amounts set by the Secretary and increasing
the average amount of funds distributed per grant provided under this
Act to increase the impact of those investments.
``(e) Native American Set-Aside.--
``(1) In general.--Of the amounts made available for each
fiscal year under section 701(a), the Secretary shall ensure
that not less than 5 percent is used to provide assistance to
eligible recipients that are Indian tribes, tribal
organizations (as defined in section 3 of the NATIVE Act (25
U.S.C. 4352)), and Native Hawaiian organizations (as defined in
that section).
``(2) Waiver.--If there are not sufficient qualified
eligible recipients that are Indian tribes, tribal
organizations (as so defined), or Native Hawaiian organizations
(as so defined) to carry out paragraph (1), the Secretary may
waive the requirement under that paragraph.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597; 118 Stat. 1772) (as amended by section 11(b)) is
amended by inserting after the item relating to section 705 the
following:
``Sec. 706. Requirements for the use of funds.''.
SEC. 16. COST SHARING.
Section 204 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3144) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (c)'' and inserting ``this
section''; and
(B) in paragraph (2)(A), by striking ``30 percent''
and inserting ``40 percent''; and
(2) by adding at the end the following:
``(d) High-Density Public Land Counties.--In the case of a grant
under this Act to an eligible recipient that is located in or that
serves a high-density public land county (as defined in section 7(a) of
the INVEST in Our Communities Act), the Secretary shall--
``(1) reduce the non-Federal share of the cost of the
project carried out with the grant by 50 percent;
``(2) provide to the eligible recipient direct and expanded
technical assistance to improve applications from high-density
public land counties (as so defined); and
``(3) allow the eligible recipient to provide any required
non-Federal share in the form of in-kind contributions.
``(e) Communities Affected by Disasters.--In the case of a grant
under section 209(c)(2), the Federal share of the cost of a project
carried out with the grant shall be 100 percent.
``(f) COVID-Era Funding.--
``(1) In general.--In the case of a project carried out
with a grant under this Act made on or after the date of
enactment of the INVEST in Our Communities Act from amounts
made available during the period during which the public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, with respect to COVID-19 is
in effect, the Federal share of the cost of the project shall
be not less than 90 percent.
``(2) Certain areas.--The Secretary shall consider
increasing the Federal share set by the Secretary under
paragraph (1) to be 100 percent of the cost of the project if
the project is to be carried out in an area that is
experiencing, in the determination of the Secretary, lasting
economic impacts as a result of the COVID-19 pandemic.''.
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