Sec. 3. Distress eligibility criteria and cooperation agreements
1,183 words·~5 min read·
/bill/117/hr/4651/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To be eligible for a RECOMPETE grant, a local labor market, local community, partial local labor market, or Tribal government shall meet the following criteria, as applicable, as determined by the Secretary: A local labor market shall have a prime-age employment gap equal to not less than 2.5 percent. A local community shall— meet the applicable requirements described in section 2(6); and have— a median household income equal to not more than $75,000; and a prime-age employment gap of not less than 5 percent; or as determined by the Secretary, a special need arising from— a recent decrease in the applicable prime-age employment rate; or another severe economic disruption that is likely to reduce the applicable prime-age employment rate.
A partial local labor market shall— have a prime-age employment gap equal to not less than 2.5 percent; and receive a waiver under subsection (b)(3)(A). A Tribal government shall have a prime-age employment gap of not less than 2.5 percent, as calculated under clause (ii). For purposes of clause (i), the prime-age employment gap of a Tribal government shall be calculated, with respect to the most recent 5-year period for which data are available, for all individuals residing on the Tribal land of the Tribal government.
A local labor market, local community, partial local labor market, or Tribal government shall not be eligible to receive more than 1 RECOMPETE grant. For purposes of the RECOMPETE grant program, an applicant may not be considered to be located in, or submit an application under section 4(a)(2) on behalf of, more than 1 eligible local labor market, local community, partial local labor market, or Tribal government. Subject to paragraph (3), if an applicable area contains 2 or more applicants described in subparagraph (A), (B), or
(C)of section 2(2), each such applicant shall, as a condition of receiving a RECOMPETE grant for the applicable area— enter into a legally binding cooperation agreement for the applicable area in accordance with subparagraph (C); and designate 1 applicant as the lead entity to act in a representative capacity for purposes of assuming overall responsibility for carrying out the programs and activities, and achieving compliance with the applicable requirements, under the RECOMPETE grant. An applicant described in subparagraph (E), (F), or
(G)of section 2(2) that is located in an applicable area for which a cooperation agreement is entered into under subparagraph
(A)may elect to join the cooperation agreement, at the discretion of the applicant. A cooperation agreement under this subsection shall include— a written statement that— is executed by each applicant that is a party to the cooperation agreement; and establishes the consent of the applicant to be bound by the terms of— the cooperation agreement; and the RECOMPETE plan for the applicable area; and a process for redress of any action, or failure to act, by the lead entity that is detrimental to an applicant. An applicable area may be the subject of only 1 cooperation agreement. A local community may enter into a cooperation agreement described in paragraph
(1)with any other local communities located within the same local labor market, subject to the condition that 1 or more of those local communities shall be an eligible local community. A cooperation agreement under clause
(i)may be executed between or among— an eligible local community; and 1 or more— other eligible local communities, or applicants within an eligible local community, located within the same local labor market; or applicants that are not located within an eligible local community, but are located within the same local labor market as an eligible local community. On execution of a cooperation agreement under this subparagraph involving 1 or more applicants described in clause (ii)(II)(bb), the Secretary may award additional amounts in accordance with subsection (c)(6) of section 6, subject to the applicable cost-sharing requirements of subsection (e)(2) of that section. Regardless of whether the Tribal government is eligible, subject to clause (ii), a Tribal government may elect to enter into a cooperation agreement described in paragraph
(1)with 1 or more applicants from an eligible local labor market, local community, or partial local labor market that is adjacent to the Tribal land of the Tribal government. An election by a Tribal government under clause
(i)shall be made by not later than 45 days after the first date of the application period established for the Tribal government under section 4(a)(2)(B). If a Tribal government elects to enter into a cooperation agreement under clause (i)— the Tribal land of the Tribal government shall be— considered to be included in the applicable area of the eligible local labor market, local community, or partial local labor market that is the subject of the cooperation agreement; and subject to the RECOMPETE plan for the applicable area described in item (aa); and the amount of the RECOMPETE grant to which the Tribal government is otherwise eligible to receive, if applicable— shall not be decreased; and shall be added to the amount provided to the applicable lead entity for use in accordance with the RECOMPETE plan. To the maximum extent practicable, the Secretary shall encourage Tribal governments to enter into cooperation agreements described in clause (i). Nothing in this subparagraph— requires a Tribal government to enter into a cooperation agreement in order to receive a RECOMPETE grant; penalizes a Tribal government that does not elect to participate in a cooperation agreement; or otherwise affects the amount of a RECOMPETE grant to be provided to any Tribal government. The Secretary may waive the requirement under paragraph
(1)with respect to an applicant acting on behalf of a partial local labor market that— meets the criterion described in subsection (a)(1)(C)(i); is located within an eligible local labor market with respect to which a cooperation agreement is unable to be executed under paragraph (1), despite reasonable efforts; and submits to the Secretary a request for a waiver under this paragraph demonstrating the ability to carry out the programs and activities, and achieve compliance with the applicable requirements, under sections 4 and 5 in the applicable area. On receipt of a waiver under subparagraph (A), a partial local labor market— shall be eligible to receive a RECOMPETE grant; and may elect to carry out the programs and activities, and achieve compliance with the applicable requirements, in the applicable area under the RECOMPETE grant— independently; or by designating from among applicants located within the applicable area a lead entity pursuant to a cooperation agreement described in paragraph (1), which shall submit to the Secretary a written notice in accordance with paragraph (4). On execution of a cooperation agreement under paragraph (1), (2), or (3)(B)(ii)(II), the lead entity shall submit to the Secretary a written notice that— describes— the cooperation agreement; the date of execution of the cooperation agreement; the authorization of the lead entity under the cooperation agreement; and the formation of a consortium described in section 2(2)(H) under the cooperation agreement, if applicable; and includes— a copy of each written statement under paragraph (1)(C)(i) relating to the cooperation agreement; and any necessary certifications or other documentation relating to the cooperation agreement.